Commitment to Defeat the Virus and Keep America Healthy Act

I 116TH CONGRESS 2D SESSION H. R. 14 To increase the Federal commitment to defeating the virus that causes COVID–19 and prepare for future pandemics, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 30, 2020 Mr. HUDSON (for himself, Mr. MCCARTHY, Mr. WALDEN, Mr. BRADY, and Ms. GRANGER) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Homeland Security, Transportation and Infrastructure, the Judiciary, Ways and Means, the Budget, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To increase the Federal commitment to defeating the virus that causes COVID–19 and prepare for future pandemics, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Commitment to Defeat 4 the Virus and Keep America Healthy Act’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents for this Act is as follows: 7 VerDate Sep 11 2014 19:08 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H14.IH H14 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 14 IH Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—PANDEMIC PREPAREDNESS AND RESPONSE Subtitle A—Clarifying the Role of the Department of Health and Human Services During Public Health Emergencies Sec. 1001. Lead agency for Federal public health and medical response to pub- lic health emergencies. Sec. 1002. Deployment by the Secretary of Health and Human Services of Na- tional Strategic Stockpile. Sec. 1003. Authority and responsibilities of the Federal Emergency Manage- ment Agency regarding the Strategic National Stockpile. Subtitle B—Reagan-Udall Foundation and Foundation for the National Institutes of Health Sec. 1011. Reagan-Udall Foundation and Foundation for the National Insti- tutes of Health. Subtitle C—Protections for Good Samaritan Health Professionals Sec. 1021. Limitation on liability for volunteer health care professionals. Sec. 1022. Sense of the Congress. Subtitle D—Medical Sheltering Sec. 1031. Reducing the spread of COVID–19 through payments to States to lease hotels to temporarily house eligible individuals. Subtitle E—CDC Campaign on COVID–19 Awareness Sec. 1041. COVID–19 public awareness campaign. Subtitle F—Protecting Children From COVID–19 Sec. 1051. Study on children’s role in transmitting SARS–CoV–2. Subtitle G—Ensuring Understanding of COVID–19 Sec. 1061. Study on the impact of COVID–19. Subtitle H—Safeguarding Therapeutics Sec. 1071. Authority to destroy counterfeit devices. Sec. 1072. Determination of budgetary effects. Subtitle I—Advisory Committee on Immunization Practices Sec. 1081. Expedited meeting of ACIP for COVID–19 vaccines. Subtitle J—Improvements to Transparency of the Pricing of Diagnostic Testing for COVID–19 Sec. 1091. Improvements to transparency of the pricing of diagnostic testing for COVID–19. TITLE II—DOMESTIC MANUFACTURING AND SUPPLY CHAIN VerDate Sep 11 2014 19:08 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H14.IH H14 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 14 IH Subtitle A—Sustained On-Shore Manufacturing Capacity for Public Health Emergencies Sec. 2001. Sustained on-shore manufacturing capacity for public health emer- gencies. Subtitle B—Manufacturing API, Drugs, and Excipients in America Sec. 2011. Report to Congress on barriers to domestic manufacturing of med- ical products and supplies. Sec. 2012. Enhancing intra-agency coordination and public health assessment with regard to compliance activities. Sec. 2013. Encouraging international harmonization. Sec. 2014. Mutual recognition agreements for inspections and review activities. Sec. 2015. Enhancing transparency of drug facility inspection timelines. Sec. 2016. Advanced manufacturing technologies program. Subtitle C—Improving the American Drug Supply Chain Sec. 2021. Study and reporting on domestic and foreign production. Subtitle D—Essential Medicines Strategic Stockpile Sec. 2031. Pilot program on ensuring medication supply stability. Subtitle E—National Centers of Excellence in Continuous Pharmaceutical Manufacturing Sec. 2041. National Centers of Excellence in Continuous Pharmaceutical Manu- facturing. TITLE III—STRATEGIC NATIONAL STOCKPILE IMPROVEMENTS Subtitle A—Stockpiling for America’s Future Endeavors Sec. 3001. Strategic National Stockpile. Subtitle B—Stockpile Inventory Modernization Sec. 3011. Reimbursable transfers. Subtitle C—Equipment Maintenance Sec. 3021. Equipment maintenance. Subtitle D—Medical Supplies for Pandemics Sec. 3031. Supply chain flexibility manufacturing pilot. Subtitle E—State Stockpile Readiness Sec. 3041. Grants for State strategic stockpiles. Subtitle F—Process Improvements and Reports Sec. 3051. GAO study on the feasibility and benefits of user fee agreements. Sec. 3052. Action reporting. Sec. 3053. Improved, transparent processes. Subtitle G—Strategic National Stockpile Funding VerDate Sep 11 2014 19:08 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H14.IH H14 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 14 IH Sec. 3061. Authorization of appropriations. TITLE IV—PUBLIC HEALTH INFRASTRUCTURE IMPROVEMENTS Subtitle A—Public Health Infrastructure Modernization Sec. 4001. Public health data system transformation. Subtitle B—Modernizing Infectious Disease Data Collection Sec. 4011. Modernizing infectious disease data collection. Subtitle C—Diagnostic Testing for Public Health Labs Sec. 4021. Grants for public health laboratories to acquire high-throughput di- agnostic equipment. Subtitle D—Rapid Testing for Communities Sec. 4031. Grants for same-day point-of-care clinical laboratory diagnostic test- ing in communities. Subtitle E—Public Health Workforce Loan Repayment Sec. 4041. Public Health Workforce Loan Repayment Program. Subtitle F—Vaccine Awareness and Disease Prevention Sec. 4051. Improving awareness of disease prevention. Subtitle G—Protecting the Health of America’s Older Adults During COVID– 19 & Beyond Sec. 4061. National COVID–19 Resource Center for Older Adults. Sec. 4062. Healthy Aging Program. Sec. 4063. Authorization of appropriations. Subtitle H—Expanding Capacity for Health Outcomes Sec. 4071. Expanding capacity for health outcomes. Subtitle I—Community Readiness Sec. 4081. Grants for research on, or establishing, wastewater surveillance and other early warning systems. TITLE V—ADDRESSING COVID–19 HEALTH DISPARITIES Subtitle A—Tribal Health Data Improvement Sec. 5001. Collection and availability of health data with respect to Indian Tribes. Sec. 5002. Improving health statistics reporting with respect to Indian Tribes. Subtitle B—Tribal Medical Supplies Stockpile Access Sec. 5011. Provision of items to Indian programs and facilities. Subtitle C—Native American Suicide Prevention Sec. 5021. Native American suicide prevention. VerDate Sep 11 2014 19:08 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H14.IH H14 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 14 IH Subtitle D—Pursuing Equity in Mental Health PART 1—HEALTH EQUITY AND ACCOUNTABILITY Sec. 5031. Integrated Health Care Demonstration Program. Sec. 5032. Addressing racial and ethnic minority mental health disparities re- search gaps. Sec. 5033. Health professions competencies to address racial and ethnic minor- ity mental health disparities. Sec. 5034. Racial and ethnic minority behavioral and mental health outreach and education strategy. Sec. 5035. Additional funds for National Institutes of Health. Sec. 5036. Additional funds for National Institute on Minority Health and Health Disparities. PART 2—OTHER PROVISIONS Sec. 5037. Reauthorization of Minority Fellowship Program. Sec. 5038. Study on the Effects of Smartphone and Social Media Use on Ado- lescents. Sec. 5039. Technical correction. Subtitle E—Maternal Health Quality Improvement Sec. 5041. Innovation for maternal health. Sec. 5042. Training for health care providers. Sec. 5043. Study on training to reduce and prevent discrimination. Sec. 5044. Perinatal quality collaboratives. Sec. 5045. Integrated services for pregnant and postpartum women. Sec. 5046. Improving rural maternal and obstetric care data. Sec. 5047. Rural obstetric network grants. Sec. 5048. Telehealth network and telehealth resource centers grant programs. Sec. 5049. Rural maternal and obstetric care training demonstration. TITLE VI—ADDRESSING THE IMPACTS OF COVID–19 ON MENTAL HEALTH Subtitle A—Creating Resources To Improve Situations of Inherent Severity Sec. 6001. Set-aside for evidence-based crisis care services. Subtitle B—Emergency Mental Health and Substance Use Training and Technical Assistance Center Sec. 6011. Emergency mental health and substance use training and technical assistance center. Subtitle C—Suicide Prevention Grants Sec. 6021. Syndromic surveillance of self-harm behaviors program. Sec. 6022. Grants to provide self-harm and suicide prevention services. Subtitle D—Effective Suicide Screening in the Emergency Department Sec. 6031. Program to improve the care provided to patients in the emergency department who are at risk of suicide. Subtitle E—Suicide Prevention Lifeline Improvement VerDate Sep 11 2014 19:08 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H14.IH H14 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 14 IH Sec. 6041. Suicide Prevention Lifeline. Sec. 6042. Pilot program on innovative technologies. Sec. 6043. HHS study and report. Sec. 6044. GAO study and report. Sec. 6045. Definition. Subtitle F—Campaign To Prevent Suicide Sec. 6051. National Suicide Prevention Lifeline. Sec. 6052. National suicide prevention media campaign. Subtitle G—Helping Emergency Responders Overcome Sec. 6061. Data system to capture national public safety officer suicide inci- dence. Sec. 6062. Peer-support behavioral health and wellness programs within fire de- partments and emergency medical service agencies. Sec. 6063. Health care provider behavioral health and wellness programs. Sec. 6064. Development of resources for educating mental health professionals about treating fire fighters and emergency medical services personnel. Sec. 6065. Best practices and other resources for addressing posttraumatic stress disorder in public safety officers. Subtitle H—Behavioral Health Intervention Guidelines Sec. 6071. Best practices for behavioral intervention teams. Subtitle I—Suicide Training and Awareness Nationally Delivered for Universal Prevention Sec. 6081. Student suicide awareness and prevention training. Sec. 6082. Effective date. TITLE VII—ADDRESSING THE IMPACTS OF COVID–19 ON SUBSTANCE USE DISORDERS Subtitle A—Easy Medication Access and Treatment for Opioid Addiction Sec. 7001. Dispensation of narcotic drugs for the purpose of relieving acute withdrawal symptoms from opioid use disorder. Subtitle B—Access to Remote Behavioral Health Treatment Sec. 7011. Registration of qualified community mental health centers. Subtitle C—PDMP Pilot Program Sec. 7021. Pilot program for integrating substance use disorder and behavioral health treatment locator tool into State prescription drug moni- toring programs. Subtitle D—Family Support Services for Addiction Sec. 7031. Family support services for individuals struggling with substance use disorder. Subtitle E—Block, Report, And Suspend Suspicious Shipments VerDate Sep 11 2014 19:08 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H14.IH H14 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 14 IH Sec. 7041. Clarification of process for registrants to exercise due diligence upon discovering a suspicious order. Subtitle F—Debarment Enforcement of Bad Actor Registrants Sec. 7051. Debarment of certain registrants. Subtitle G—Ensuring Compliance Against Opioid Diversion Sec. 7061. Modification, transfer, and termination of registration to manufac- ture, distribute, or dispense controlled substances. Subtitle H—Opioid Prescription Verification Sec. 7071. Materials for training pharmacists on certain circumstances under which a pharmacist may decline to fill a prescription. Sec. 7072. Incentivizing States to facilitate responsible, informed dispensing of controlled substances. Subtitle I—Suspicious Order Identification Sec. 7081. Strengthening ARCOS. Sec. 7082. Suspicious Orders Task Force. Subtitle J—Stop the Importation and Manufacturing of Synthetic Analogues Sec. 7091. Establishment of schedule A. Sec. 7092. Temporary and permanent scheduling of schedule A substances. Sec. 7093. Penalties. Sec. 7094. False labeling of schedule A controlled substances. Sec. 7095. Registration requirements for importers and exporters of schedule A substances. Sec. 7096. Additional conforming amendments. Sec. 7097. Sentencing review. Sec. 7098. Rules of construction. Sec. 7099. Clarification of certain registration requirements related to research. Sec. 7100. Review of research registration process. TITLE VIII—TAX INCENTIVES TO IMPROVE HEALTH CARE Sec. 8001. Domestic medical and drug manufacturing credit. Sec. 8002. Qualifying advanced medical manufacturing equipment credit. Sec. 8003. New medical research expenditure component of credit for increas- ing research activities. Sec. 8004. Refundable portion of research credit for small businesses engaging in specified medical research. Sec. 8005. Exception from passive loss rules for investments in specified med- ical research small business pass-thru entities. Sec. 8006. Temporary carryover for health and dependent care flexible spend- ing arrangements. Sec. 8007. Increase in exclusion for employer-provided dependent care assist- ance. Sec. 8008. Temporary increase in contribution limits for health savings ac- counts. Sec. 8009. Temporary allowance of payments for employment-related expenses under health savings accounts. Sec. 8010. Treatment of direct primary care service arrangements. VerDate Sep 11 2014 19:08 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 E:\BILLS\H14.IH H14 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 14 IH Sec. 8011. Allow both spouses to make catch-up contributions to the same HSA account. Sec. 8012. Repeal of ceiling on deductible and out-of-pocket expenses under a high deductible health plan. Sec. 8013. On-site employee clinics. Sec. 8014. Adjustment of medical expense deduction. Sec. 8015. Healthy workplace tax credit. TITLE IX—MEDICARE PROVISIONS Subtitle A—Telehealth Sec. 9001. Removing certain geographic and originating site restrictions on the furnishing of telehealth services [Text truncated for display. Full text available on Congress.gov.]