(3) STATE PLANS.—To be eligible for an alloca-
tion under paragraph (1), a State or Indian Tribe 
shall submit to the Secretary a testing, tracing, and 
supported isolation plan it intends to follow to 
achieve suppression of COVID–19 to levels at or 
below the low incidence plateau set forth by the Cen-
ters for Disease Control and Prevention. Such plan 
shall be developed in consultation with State, local, 
and Tribal public health departments, include key 
performance indicators tied to field best practices for 
contact tracing and supported isolation as well as 
testing, and be submitted as an addendum to any 
similar plan a State or Indian Tribe previously sub-
mitted to the Secretary, as required pursuant to the 
Paycheck Protection Program and Health Care En-
hancement Act (Public Law 116–139). The Sec-
retary shall make each plan submitted under this 
paragraph publicly available 60 days after submis-
sion. 
(c) EXPIRATION.—Amounts appropriated under this 
section and made available to States and Indian Tribes 
for testing procurement shall remain available until the 
later of December 31, 2021, or the date that is 90 days 
after the public health emergency declared by the Sec-
retary of Health and Human Services under section 319 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS
of the Public Health Service Act (42 U.S.C. 247d), on 
January 31, 2020, with respect to COVID–19 expires, 
and, on such applicable date, any such funds that remain 
unobligated shall be remitted to the Treasury of the 
United States. 
(d) COORDINATION.—The Secretary shall develop a 
plan to coordinate and provide guidance to States and In-
dian Tribes in drafting their testing plans described in this 
section and seek to support the development of shared in-
dicators for all States and Indian Tribes. 
SEC. 4. DEFINITIONS. 
For purposes of this Act: 
(1) The terms ‘‘COVID–19 test’’, ‘‘COVID–19 
testing’’, and ‘‘testing’’ mean a viral or serological in 
vitro diagnostic test defined in section 809.3 of title 
21, Code of Federal Regulations (or successor regu-
lations) for the detection of SARS–CoV–2 or the di-
agnosis of the virus that causes COVID–19, and the 
administration of such test, that— 
(A) is approved, cleared, or authorized 
under section 510(k), 513, 515, or 564 of the 
Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360(k), 360c, 360e, 360bbb–3); 
(B) the developer has requested, or intends 
to request, emergency use authorization under 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS
section 564 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 360bbb–3), unless and 
until the emergency use authorization request 
under such section 564 has been denied or the 
developer of such test does not submit a request 
under such section within a reasonable time-
frame; 
(C) is developed in and authorized by a 
State that has notified the Secretary of Health 
and Human Services of its intention to review 
tests intended to diagnose COVID–19; or 
(D) is another test that the Secretary de-
termines appropriate in guidance. 
(2) The term ‘‘Indian Tribe’’ means an Indian 
tribe or a tribal organization, as such terms are de-
fined in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304). 
(3) The term ‘‘Secretary’’ means the Secretary 
of Health and Human Services. 
(4) The term ‘‘State’’ has the meaning given 
such term in section 2 of the Public Health Service 
Act (42 U.S.C. 201). 
SEC. 5. USE OF OTHER APPROPRIATED AMOUNTS. 
(a) IN GENERAL.—Out of any amounts remaining 
unobligated on the date of enactment of this Act of the 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS
additional amount of $25,000,000,000 appropriated to the 
Public Health and Social Services Emergency Fund under 
the heading ‘‘Public Health and Social Services Emer-
gency Fund’’ under the heading ‘‘Office of the Secretary’’ 
under the heading ‘‘Department of Health and Human 
Services’’ in division B of the Paycheck Protection Pro-
gram and Health Care Enhancement Act (Public Law 
116–139) for the purpose of developing, purchasing, ad-
ministering, processing, and analyzing COVID–19 tests, 
including support for workforce, epidemiology, use by em-
ployers or in other settings, scale up of testing by public 
health, academic, commercial, and hospital laboratories, 
and community-based testing sites, health care facilities, 
and other entities engaged in COVID–19 testing, conduct 
surveillance, trace contacts, and other related activities re-
lated to COVID–19 testing, $7,000,000,000 shall be allo-
cated for the purposes described in subsection (b). 
(b) ALLOCATIONS.—Of the $7,000,000,000 reallo-
cated under subsection (a), $234,000,000 shall be propor-
tionately allocated to Indian Tribes, and $6,766,000,000 
shall be proportionately allocated to States, together with 
other amounts allocated to such Indian Tribes and States 
under section 3, for the same purposes described in such 
sections and in accordance with the same requirements ap-
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS
plicable with respect to allocations of amounts appro-
priated under such sections. 
SEC. 6. REPORT TO CONGRESS. 
The Secretary shall report to Congress not later than 
30 days after the date of enactment of this Act on how 
the Secretary intends to distribute funds provided under 
this Act, including a timeline of distribution of such funds. 
Æ 
VerDate Sep 11 2014 
19:48 Aug 28, 2020
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H7958.IH
H7958
pamtmann on DSKBC07HB2PROD with BILLS