Not pretty but copied from CNN online website. Lab sections mostly pp. 10-19.
SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Paycheck Protection 5 Program and Health Care Enhancement Act’’. 6 7 SEC. 2. TABLE OF CONTENTS.
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For an additional amount for ‘‘Public Health and So- 10 cial Services Emergency Fund’’, $25,000,000,000, to re11 main available until expended, to prevent, prepare for, and 12 respond to coronavirus, domestically or internationally, for 13 necessary expenses to research, develop, validate, manu14 facture, purchase, administer, and expand capacity for 15 COVID–19 tests to effectively monitor and suppress 16 COVID–19, including tests for both active infection and 17 prior exposure, including molecular, antigen, and sero18 logical tests, the manufacturing, procurement and dis19 tribution of tests, testing equipment and testing supplies, 20 including personal protective equipment needed for admin21 istering tests, the development and validation of rapid, 22 molecular point-of-care tests, and other tests, support for 23 workforce, epidemiology, to scale up academic, commer24 cial, public health, and hospital laboratories, to conduct 25 surveillance and contact tracing, support development of
1 COVID–19 testing plans, and other related activities re2 lated to COVID–19 testing:Provided, That of the amount 3 appropriated under this paragraph in this Act, not less 4 than $11,000,000,000 shall be for States, localities, terri5 tories, tribes, tribal organizations, urban Indian health or6 ganizations, or health service providers to tribes for nec7 essary expenses to develop, purchase, administer, process, 8 and analyze COVID–19 tests, including support for work9 force, epidemiology, use by employers or in other settings, 10 scale up of testing by public health, academic, commercial, 11 and hospital laboratories, and community-based testing 12 sites, health care facilities, and other entities engaged in 13 COVID-19 testing, conduct surveillance, trace contacts, 14 and other related activities related to COVID–19 testing: 15 Provided further, That of the amount identified in the pre16 ceding proviso, not less than $2,000,000,000 shall be allo17 cated to States, localities, and territories according to the 18 formula that applied to the Public Health Emergency Pre19 paredness cooperative agreement in fiscal year 2019, not 20 less than $4,250,000,000 shall be allocated to States, lo21 calities, and territories according to a formula method22 ology that is based on relative number of cases of COVID– 23 19, and not less than $750,000,000 shall be allocated in 24 coordination with the Director of the Indian Health Serv25 ice, to tribes, tribal organizations, urban Indian health or-12 1 ganizations, or health service providers to tribes: Provided 2 further, That the Secretary of Health and Human Services 3 (referred to in this paragraph as the ‘‘Secretary’’) may 4 satisfy the funding thresholds outlined in the first and sec5 ond provisos under this paragraph in this Act by making 6 awards through other grant or cooperative agreement 7 mechanisms: Provided further, That not later than 30 days 8 after the date of enactment of this Act, the Governor or 9 designee of each State, locality, territory, tribe, or tribal 10 organization receiving funds pursuant to this Act shall 11 submit to the Secretary its plan for COVID–19 testing, 12 including goals for the remainder of calendar year 2020, 13 to include: (1) the number of tests needed, month-by14 month, to include diagnostic, serological, and other tests, 15 as appropriate; (2) month-by-month estimates of labora16 tory and testing capacity, including related to workforce, 17 equipment and supplies, and available tests; and (3) a de18 scription of how the State, locality, territory, tribe, or trib19 al organization will use its resources for testing, including 20 as it relates to easing any COVID–19 community mitiga21 tion policies: Provided further, That the Secretary shall 22 submit such formula methodology identified in the first 23 proviso under this paragraph in this Act to the Commit24 tees on Appropriations of the House of Representatives 25 and the Senate one day prior to awarding such funds: Pro-13 1 vided further, That such funds identified in the first and 2 second provisos under this paragraph in this Act shall be 3 allocated within 30 days of the date of enactment of this 4 Act: Provided further, That of the amount appropriated 5 under this paragraph in this Act, not less than 6 $1,000,000,000 shall be transferred to the ‘‘Centers for 7 Disease Control and Prevention—CDC-Wide Activities 8 and Program Support’’ for surveillance, epidemiology, lab9 oratory capacity expansion, contact tracing, public health 10 data surveillance and analytics infrastructure moderniza11 tion, disseminating information about testing, and work12 force support necessary to expand and improve COVID– 13 19 testing: Provided further, That of the amount appro14 priated under this paragraph in this Act, not less than 15 $306,000,000 shall be transferred to the ‘‘National Insti16 tutes of Health—National Cancer Institute’’ to develop, 17 validate, improve, and implement serological testing and 18 associated technologies for the purposes specified under 19 this paragraph in this Act: Provided further, That of the 20 amount appropriated under this paragraph in this Act, not 21 less than $500,000,000 shall be transferred to the ‘‘Na22 tional Institutes of Health—National Institute of Bio23 medical Imaging and Bioengineering’’ to accelerate re24 search, development, and implementation of point of care 25 and other rapid testing related to coronavirus: Provided14 1 further, That of the amount appropriated under this para2 graph in this Act, not less than $1,000,000,000 shall be 3 transferred to the ‘‘National Institutes of Health—Office 4 of the Director’’ to develop, validate, improve, and imple5 ment testing and associated technologies; to accelerate re6 search, development, and implementation of point of care 7 and other rapid testing; and for partnerships with govern8 mental and non-governmental entities to research, develop, 9 and implement the activities outlined in this proviso: Pro10 vided further, That funds in the preceding proviso may be 11 transferred to the accounts of the Institutes and Centers 12 of the National Institutes of Health (referred to in this 13 paragraph as the ‘‘NIH’’) for the purposes specified in 14 the preceding proviso: Provided further, That the transfer 15 authority provided in the preceding proviso is in addition 16 to all other transfer authority available to the NIH: Pro17 vided further, That of the amount appropriated under this 18 paragraph in this Act, not less than $1,000,000,000 shall 19 be available to the Biomedical Advanced Research and De20 velopment Authority for necessary expenses of advanced 21 research, development, manufacturing, production, and 22 purchase of diagnostic, serologic, or other COVID–19 23 tests or related supplies, and other activities related to 24 COVID–19 testing at the discretion of the Secretary: Pro25 vided further, That of the amount appropriated under this15 1 paragraph in this Act, $22,000,000, shall be transferred 2 to the ‘‘Department of Health and Human Services— 3 Food and Drug Administration—Salaries and Expenses’’ 4 to support activities associated with diagnostic, sero5 logical, antigen, and other tests, and related administra6 tive activities: Provided further, That the amount appro7 priated under this paragraph in this Act may be used for 8 grants for the rent, lease, purchase, acquisition, construc9 tion, alteration, renovation, or equipping of non-federally 10 owned facilities to improve preparedness and response ca11 pability at the State and local level for diagnostic, sero12 logic, or other COVID–19 tests, or related supplies: Pro13 vided further, That the amount appropriated under this 14 paragraph in this Act may be used for construction, alter15 ation, renovation, or equipping of non-federally owned fa16 cilities for the production of diagnostic, serologic, or other 17 COVID–19 tests, or related supplies, where the Secretary 18 determines that such a contract is necessary to secure, or 19 for the production of, sufficient amounts of such tests or 20 related supplies: Provided further, That funds appro21 priated under this paragraph in this Act may be used for 22 purchase of medical supplies and equipment, including 23 personal protective equipment and testing supplies to be 24 used for administering tests, increased workforce and 25 trainings, emergency operation centers, and surge capacity16 1 for diagnostic, serologic, or other COVID–19 tests, or re2 lated supplies: Provided further, That products purchased 3 with funds appropriated under this paragraph in this Act 4 may, at the discretion of the Secretary, be deposited in 5 the Strategic National Stockpile under section 319F–2 of 6 the Public Health Service Act: Provided further, That of 7 the amount appropriated under this paragraph in this Act, 8 $600,000,000 shall be transferred to ‘‘Health Resources 9 and Services Administration—Primary Health Care’’ for 10 grants under the Health Centers program, as defined by 11 section 330 of the Public Health Service Act, and for 12 grants to federally qualified health centers, as defined in 13 section 1861(aa)(4)(B) of the Social Security Act: Pro14 vided further, That sections 330(e)(6)(A)(iii), 15 330(e)(6)(B)(iii), and 330(r)(2)(B) of the Public Health 16 Service Act shall not apply to funds provided under the 17 previous proviso: Provided further, That of the amount ap18 propriated under this paragraph in this Act, $225,000,000 19 shall be used to provide additional funding for COVID– 20 19 testing and related expenses, through grants or other 21 mechanisms, to rural health clinics as defined in section 22 1861(aa)(2) of the Social Security Act, with such funds 23 also available to such entities for building or construction 24 of temporary structures, leasing of properties, and retro25 fitting facilities as necessary to support COVID–19 test-17 1 ing: Provided further, That such funds shall be distributed 2 using the procedures developed for the Provider Relief 3 Fund authorized under the third paragraph under this 4 heading in division B of the Coronavirus Aid, Relief, and 5 Economic Security Act (Public Law 116–136); may be 6 distributed using contracts or agreements established for 7 such program; and shall be subject to the process require8 ments applicable to such program: Provided further, That 9 the Secretary may specify a minimum amount for each 10 eligible entity accepting assistance under the two previous 11 provisos: Provided further, That up to $1,000,000,000 of 12 funds provided under this paragraph in this Act may be 13 used to cover the cost of testing for the uninsured, using 14 the definitions applicable to funds provided under this 15 heading in Public Law 116–127: Provided further, That 16 not later than 21 days after the date of enactment of this 17 Act, the Secretary, in coordination with other appropriate 18 departments and agencies, shall issue a report on COVID– 19 19 testing: Provided further, That such report shall in20 clude data on demographic characteristics, including, in 21 a de-identified and disaggregated manner, race, ethnicity, 22 age, sex, geographic region and other relevant factors of 23 individuals tested for or diagnosed with COVID–19, to the 24 extent such information is available: Provided further, 25 That such report shall include information on the number18 1 and rates of cases, hospitalizations, and deaths as a result 2 of COVID–19: Provided further, That such report shall be 3 submitted to the Committees on Appropriations of the 4 House and Senate, and the Committee on Energy and 5 Commerce of the House of Representatives and the Com6 mittee on Health, Education, Labor, and Pensions of the 7 Senate, and updated and resubmitted to such Committees, 8 as necessary, every 30 days until the end of the COVID– 9 19 public health emergency first declared by the Secretary 10 on January 31, 2020: Provided further, That not later 11 than 180 days after the date of enactment of this Act, 12 the Secretary shall issue a report on the number of posi13 tive diagnoses, hospitalizations, and deaths as a result of 14 COVID–19, disaggregated nationally by race, ethnicity, 15 age, sex, geographic region, and other relevant factors: 16 Provided further, That such report shall include epidemio17 logical analysis of such data: Provided further, That not 18 later than 30 days after the date of the enactment of this 19 Act, the Secretary, in coordination with other departments 20 and agencies, as appropriate, shall report to the Commit21 tees on Appropriations of the House and Senate, the Com22 mittee on Energy and Commerce of the House of Rep23 resentatives, and the Committee on Health, Education, 24 Labor, and Pensions of the Senate on a COVID–19 stra25 tegic testing plan: Provided further, That such plan shall19 1 assist States, localities, territories, tribes, tribal organiza2 tions, and urban Indian health organizations, in under3 standing COVID-19 testing for both active infection and 4 prior exposure, including hospital-based testing, high-com5 plexity laboratory testing, point-of-care testing, mobile6 testing units, testing for employers and other settings, and 7 other tests as necessary: Provided further, That such plan 8 shall include estimates of testing production that account 9 for new and emerging technologies, as well as guidelines 10 for testing: Provided further, That such plan shall address 11 how the Secretary will increase domestic testing capacity, 12 including testing supplies; and address disparities in all 13 communities: Provided further, That such plan shall out14 line Federal resources that are available to support the 15 testing plans of each State, locality, territory, tribe, tribal 16 organization, and urban Indian health organization: Pro17 vided further, That such plan shall be updated every 90 18 days until funds are expended: Provided further, That such 19 amount is designated by the Congress as being for an 20 emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985.20 1 GENERAL PROVISIONS—THIS TITLE 2 (INCLUDING TRANSFER OF FUNDS) 3 SEC. 101. The requirements, authorities, and condi- 4 tions described in sections 18108, 18109, and 18112 of 5 division B of the Coronavirus Aid, Relief, and Economic 6 Security Act (Public Law 116–136) shall apply to funds 7 appropriated in this Act to the Department of Health and 8 Human Services. 9 SEC. 102. Funds appropriated by this Act under the 10 heading ‘‘Department of Health and Human Services’’, 11 except for the amounts specified in the first and second 12 provisos in the second paragraph under the heading ‘‘Pub13 lic Health and Social Services Emergency Fund’’, may be 14 transferred to, and merged with, other appropriation ac15 counts under the headings ‘‘Centers for Disease Control 16 and Prevention’’, ‘‘Public Health and Social Services 17 Emergency Fund’’, ‘‘Food and Drug Administration’’, and 18 ‘‘National Institutes of Health’’ to prevent, prepare for, 19 and respond to coronavirus following consultation with the 20 Office of Management and Budget: Provided, That the 21 Committees on Appropriations of the House of Represent22 atives and the Senate shall be notified 10 days in advance 23 of any such transfer: Provided further, That, upon a deter24 mination that all or part of the funds transferred from 25 an appropriation by this Act are not necessary, suchBAI20328 S.L.C. 21 1 amounts may be transferred back to that appropriation: 2 Provided further, That none of the funds made available 3 by this Act may be transferred pursuant to the authority 4 in section 205 of division A of Public Law 116–94 or sec5 tion 241(a) of the Public Health Service Act. 6 SEC. 103. Of the funds appropriated by this Act 7 under the heading ‘‘Public Health and Social Services 8 Emergency Fund’’, up to $6,000,000 shall be transferred 9 to, and merged with, funds made available under the head10 ing ‘‘Office of the Secretary, Office of Inspector General’’, 11 and shall remain available until expended, for oversight 12 of activities supported with funds appropriated to the De13 partment of Health and Human Services to prevent, pre14 pare for, and respond to coronavirus, domestically or 15 internationally: Provided, That the Inspector General of 16 the Department of Health and Human Services shall con17 sult with the Committees on Appropriations of the House 18 of Representatives and the Senate prior to obligating such 19 funds: Provided further, That the transfer authority pro20 vided by this section is in addition to any other transfer 21 authority provided by law.
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