Sec. 541. COVID–19 testing strategy

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Not later than 30 days after the date of the enactment of this Act, the Secretary shall update the COVID–19 strategic testing plan under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Service Emergency Fund in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 , 134 Stat. 620, 626–627) and submit to the appropriate congressional committees such updated national plan identifying— what level of, types of, and approaches to testing (including predicted numbers of tests, populations to be tested, and frequency of testing and the appropriate setting whether a health care setting (such as hospital-based, high-complexity laboratory, point-of-care, mobile testing units, pharmacies or community health centers) or non-health care setting (such as workplaces, schools, or child care centers)) are necessary— to sufficiently monitor and contribute to the control of the transmission of SARS–CoV–2 in the United States; to ensure that any reduction in social distancing efforts, when determined appropriate by public health officials, can be undertaken in a manner that optimizes the health and safety of the people of the United States, and reduces disparities (including disparities related to race, ethnicity, sex, age, disability status, socioeconomic status, and geographic location) in the prevalence of, incidence of, and health outcomes with respect to, COVID–19; and to provide for ongoing surveillance sufficient to support contact tracing, case identification, quarantine, and isolation to prevent future outbreaks of COVID–19; specific plans and benchmarks, each with clear timelines, to ensure— such level of, types of, and approaches to testing as are described in paragraph (1), with respect to optimizing health and safety; sufficient availability of all necessary testing materials and supplies, including extraction and testing kits, reagents, transport media, swabs, instruments, analysis equipment, personal protective equipment if necessary for testing (including point-of-care testing), and other equipment; allocation of testing materials and supplies in a manner that optimizes public health, including by considering the variable impact of SARS–CoV–2 on specific States, territories, Indian Tribes, Tribal organizations, urban Indian organizations, communities, industries, and professions; sufficient evidence of validation for tests that are deployed as a part of such strategy; sufficient laboratory and analytical capacity, including target turnaround time for test results; sufficient personnel, including personnel to collect testing samples, conduct and analyze results, and conduct testing follow-up, including contact tracing, as appropriate; and enforcement of the Families First Coronavirus Response Act ( Public Law 116–127 ) to ensure patients who are tested are not subject to cost sharing; specific plans to ensure adequate testing in rural areas, frontier areas, health professional shortage areas, and medically underserved areas (as defined in section 330I(a) of the Public Health Service Act ( 42 U.S.C. 254c–14(a) )), and for underserved populations, Native Americans (including Indian Tribes, Tribal organizations, and urban Indian organizations), and populations at increased risk related to COVID–19; specific plans to ensure accessibility of testing to people with disabilities, older individuals, and individuals with underlying health conditions or weakened immune systems; and specific plans for broadly developing and implementing testing for potential immunity in the United States, as appropriate, in a manner sufficient— to monitor and contribute to the control of SARS–CoV–2 in the United States; to ensure that any reduction in social distancing efforts, when determined appropriate by public health officials, can be undertaken in a manner that optimizes the health and safety of the people of the United States; and to reduce disparities (including disparities related to race, ethnicity, sex, age, disability status, socioeconomic status, and geographic location) in the prevalence of, incidence of, and health outcomes with respect to, COVID–19.

The Secretary shall carry out this section— in coordination with the Administrator of the Federal Emergency Management Agency; in collaboration with other agencies and departments, as appropriate; and taking into consideration the State plans for COVID–19 testing prepared as required under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Service Emergency Fund in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ; 134 Stat. 620, 624).

The updated national plan under subsection

(a)shall be updated every 30 days until the end of the public health emergency first declared by the Secretary under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19. Paragraph

(1)applies in lieu of the requirement (for updates every 90 days until funds are expended) in the second to last proviso under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Service Emergency Fund in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ; 134 Stat. 620, 627). In this section, the term appropriate congressional committees means— the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives; and the Committee on Appropriations and the Committee on Health, Education, Labor and Pensions and of the Senate.

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