,,ii #aafth ,,congress #b;d ,session ,s4 #ddeh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #e1 #bjbj,mr4 ,cassidy 7for himself1 ,ms4 ,smith1 ,mr4 ,tillis1 ,mr4 ,king1 and ,mr4 ,carper7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to grant the authority for ,states to enter into interstate compacts or agreements for the purpose of procuring ,,covid-#ai tests4 #a4 ,short title ,this ,act may be cited as the ,suppress ,,covid-#ai ,act of #bjbj4 #b4 ,interstate compacts and agreements 7a7 ,establishment and purposes ,the consent of ,congress is hereby given to ,states and ,indian ,tribes to enter into compacts1 not in conflict with any law of the ,united ,states1 for cooperative effort and mutual assistance in procuring ,,covid-#ai tests and supplies for such tests1 or cooperative agreements 7referred to in this section as agreements7 for cooperative effort and mutual assistance in procuring ,,covid-#ai tests and supplies through memoranda of understanding4 7b7 ,assistance ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall-- 7#a7 take all possible steps to encourage and assist ,states and ,indian ,tribes entering into interstate compacts or agreements under this section2 7#b7 cooperate with such compacts and agreements2 7#c7 cooperate with ,states and ,indian ,tribes forming cooperative agreements for cooperative effort and mutual assistance in procuring ,,covid-#ai tests and supplies for such tests1 through memoranda of understanding instead of compacts2 and 7#d7 encourage cooperative activities of ,federal departments and agencies with such compacts or agreements4 7c7 ,funding 7#a7 ,appropriation 7,a7 ,in general ,effective on the date that is #cj days after the date of enactment of this ,act1 there are authorized to be appropriated to the ,secretary1 and there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #be1jjj1jjj1jjj1 for purposes of supporting testing procurement4 ,of such amount-- 7i7 #bj1jjj1jjj1jjj shall be made available to ,states and ,indian ,tribes on the date that is #cj days after such date of enactment1 which ,states or ,indian ,tribes may forward to interstate compacts or agreements authorized under this section2 and 7ii7 #e1jjj1jjj1jjj shall be reserved for ,states and ,indian ,tribes that enter into compacts authorized or agreements recognized under this section4 7,b7 ,reservation of amounts ,of the amounts appropriated under subparagraph 7,a71 not less than #ffg1jjj1jjj shall be reserved for awards to ,indian ,tribes that shall be distributed by the ,secretary in consultation with the ,indian ,health ,service4 7,c7 ,emergency designation 7i7 ,in general ,the amounts provided by this paragraph are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7ii7 ,designation in ,senate ,in the ,senate1 this paragraph is designated as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah4 7#b7 ,allotments 7,a7 ,funds for ,states ,out of amounts appropriated under paragraph 7#a7 and allocated for the purpose described in paragraph 7#a77;,a77i7 and not reserved under paragraph 7#a77;,b71 the ,secretary shall allot to each ,state an amount that bears the same relationship to the total amount so allocated under paragraph 7#a77;,a77i7 and not so reserved that the amount allotted to such ,state under the ,state's ,public ,health ,emergency ,preparedness cooperative agreement for fiscal year #bjai bears to the total amount appropriated to the ,public ,health ,emergency ,preparedness program for fiscal year #bjai for purposes of making allocations to ,states4 7,b7 ,allocations for ,states entering into compacts or agreements ,the ,secretary1 not later than #de days after the date of enactment of this ,act1 shall allocate the amounts appropriated under paragraph 7#a7 and allocated for the purposes described in paragraph 7#a77;,a77ii7 to eligible ,states and ,indian ,tribes that have entered into a compact or agreement under this section or stated their intent to enter into such a compact or agreement1 according to a formula established by the ,secretary that provides a base amount to each such ,state and ,indian ,tribe1 plus an additional amount based on population4 7d7 ,eligibility for certain funding ,a ,state or ,indian ,tribe is eligible for an allocation under subsection 7c77#b77;,b7 only if the compact or agreement that the ,state or ,indian ,tribe has joined meets all of the following requirements3 7#a7 ,transparency provisions ,the compact or agreement shall publicly disclose all contract sums1 terms1 requests for proposals1 and recipients of contracts on a quarterly basis1 and shall publicly disclose1 on a quarterly basis1 key performance indicators of1 with respect to ,,covid-#ai testing used by the compact or agreement1 the price1 volume1 speed to market1 and test turnaround time4 ,with respect to new contracts1 compacts and agreements shall give priority to contracting entities that can guarantee fulfillment of existing contracts with ,states or ,indian ,tribes4 7#b7 ,procurement governing structure ,the compact or agreement shall demonstrate having consulted with1 for purposes of developing contracts for testing procurement1 medical professionals1 individuals with a background in public health1 business1 biotechnology1 logistics1 manufacturing1 or procurement4 7#c7 ,anti-corruption provisions ,the compact or agreement shall have in place anti-corruption requirements that prohibit anyone who is overseeing the development of the compact or agreement from personally benefitting from any contract the compact or agreement enters4 7#d7 ,timely testing ,the compact or agreement shall have as a goal testing turnaround times of under #bd hours4 7e7 ,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 #ca1 #bjba1 or the date that is #ij days after the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d71 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai expires1 and1 on such applicable date1 any such funds that remain unobligated shall be remitted to the ,treasury of the ,united ,states4 #c4 ,state plans 7a7 ,in general 7#a7 ,in general ,effective on the date that is #cj days after the date of enactment of this ,act1 there are hereby appropriated to the ,public ,health and ,social ,services ,emergency ,fund1 out of amounts in the ,treasury not otherwise appropriated1 #ah1jjj1jjj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to ,,covid-#ai1 domestically or internationally1 for necessary expenses undertaken by ,states and ,tribal authorities to implement ,,covid-#ai testing1 contact tracing1 and supporting isolation programs1 and to otherwise monitor and suppress ,,covid-#ai4 7#b7 ,reservation of amounts ,of the amounts appropriated under subparagraph 7,a71 not less than #fjj1jjj1jjj shall be reserved for awards to ,indian ,tribes that shall be distributed by the ,secretary in consultation with the ,indian ,health ,service4 7#c7 ,emergency designation 7,a7 ,in general ,the amounts provided by this subsection are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7,b7 ,designation in ,senate ,in the ,senate1 this subsection is designated as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah4 7b7 ,allocation to ,states and ,indian ,tribes 7#a7 ,in general ,of the amount appropriated under subsection 7a71 #i1jjj1jjj1jjj shall be allocated to ,states and ,indian ,tribes for contact tracing personnel1 #d1jjj1jjj1jjj shall be allocated to ,states and ,indian ,tribes for voluntary self-isolation1 income support for individuals in isolation1 or other isolation supports1 #d1ejj1jjj1jjj shall be allocated to ,states for ,tribal and local health offices1 and #ejj1jjj1jjj shall be allocated to ,states and ,indian ,tribes for data modernization in ,tribal and local health offices4 ,states and ,indian ,tribes may apply for a waiver from the ,federal ,government to use amounts received under this paragraph for a different purpose than as originally disbursed1 provided that any such other use is consistent with the purposes of this section4 ,states and ,indian ,tribes shall take all possible steps to distribute funding received under this subsection to ,tribal and local health offices as promptly as possible4 7#b7 ,allocations to ,states ,amounts appropriated under subsection 7a77#a7 and not reserved under subsection 7a77#b7 shall be allotted to each ,state in an amount that bears the same relationship to the total amount appropriated under subsection 7a77#a7 and not so reserved that the amount that the ,state received pursuant to the ,public ,health ,emergency ,preparedness cooperative agreement in fiscal year #bjai bears to the total amount appropriated under such cooperative agreement for such fiscal year4 7#c7 ,state plans ,to be eligible for an allocation under paragraph 7#a71 a ,state or ,indian ,tribe shall submit to the ,secretary a testing1 tracing1 and supported isolation plan it intends to follow to achieve suppression of ,,covid-#ai to levels at or below the low incidence plateau set forth by the ,centers for ,disease ,control and ,prevention4 ,such plan shall be developed in consultation with ,state1 local1 and ,tribal public health departments1 include key performance indicators tied to field best practices for contact tracing and supported isolation as well as testing1 and be submitted as an addendum to any similar plan a ,state or ,indian ,tribe previously submitted to the ,secretary1 as required pursuant to the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci74 ,the ,secretary shall make each plan submitted under this paragraph publicly available #fj days after submission4 7c7 ,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 #ca1 #bjba1 or the date that is #ij days after the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d71 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai expires1 and1 on such applicable date1 any such funds that remain unobligated shall be remitted to the ,treasury of the ,united ,states4 7d7 ,coordination ,the ,secretary shall develop a plan to coordinate and provide guidance to ,states and ,indian ,tribes in drafting their testing plans described in this section and seek to support the development of shared indicators for all ,states and ,indian ,tribes4 #d4 ,definitions ,for purposes of this ,act3 7#a7 ,the terms ,,covid-#ai test1 ,,covid-#ai testing1 and testing mean a viral or serological in vitro diagnostic test defined in section #hji4c of title #ba1 ,code of ,federal ,regulations 7or successor regulations7 for the detection of ,,sars-,co,v-#b or the diagnosis of the virus that causes ,,covid-#ai1 and the administration of such test1 that-- 7,a7 is approved1 cleared1 or authorized under section #eaj7k71 #eac1 #eae1 or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj7k71 #cfj;c1 #cfj;e1 #cfj;bbb-#c72 7,b7 the developer has requested1 or intends to request1 emergency use authorization under section #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj;bbb-#c71 unless and until the emergency use authorization request under such section #efd has been denied or the developer of such test does not submit a request under such section within a reasonable timeframe2 7,c7 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-#ai2 or 7,d7 is another test that the ,secretary determines appropriate in guidance4 7#b7 ,the term ,indian ,tribe means an ,indian tribe or a tribal organization1 as such terms are defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#d7 ,the term ,state has the meaning given such term in section #b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bja74 #e4 ,use of other appropriated amounts 7a7 ,in general ,out of any amounts remaining unobligated on the date of enactment of this ,act of the additional amount of #be1jjj1jjj1jjj appropriated to the ,public ,health and ,social ,services ,emergency ,fund under the heading ,public ,health and ,social ,services ,emergency ,fund under the heading ,office of the ,secretary under the heading ,department of ,health and ,human ,services in division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci7 for the purpose of developing1 purchasing1 administering1 processing1 and analyzing ,,covid-#ai tests1 including support for workforce1 epidemiology1 use by employers or in other settings1 scale up of testing by public health1 academic1 commercial1 and hospital laboratories1 and community-based testing sites1 health care facilities1 and other entities engaged in ,,covid-#ai testing1 conduct surveillance1 trace contacts1 and other related activities related to ,,covid-#ai testing1 #g1jjj1jjj1jjj shall be allocated for the purposes described in subsection 7b74 7b7 ,allocations ,of the #g1jjj1jjj1jjj reallocated under subsection 7a71 #bcd1jjj1jjj shall be proportionately allocated to ,indian ,tribes1 and #f1gff1jjj1jjj shall be proportionately allocated to ,states1 together with other amounts allocated to such ,indian ,tribes and ,states under section #c1 for the same purposes described in such sections and in accordance with the same requirements applicable with respect to allocations of amounts appropriated under such sections4 #f4 ,report to ,congress ,the ,secretary shall report to ,congress not later than #cj days after the date of enactment of this ,act on how the ,secretary intends to distribute funds provided under this ,act1 including a timeline of distribution of such funds4