[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3772 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3772

   To direct the Department of Health and Human Services to develop, 
submit, and allocate funding to advance a plan for efficiently building 
  testing capacity for facilities serving significant populations of 
                     individuals aged 65 and older.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2020

 Mr. Scott of South Carolina introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 A BILL


 
   To direct the Department of Health and Human Services to develop, 
submit, and allocate funding to advance a plan for efficiently building 
  testing capacity for facilities serving significant populations of 
                     individuals aged 65 and older.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Seniors from the 
Pandemic Act''.

SEC. 2. PROTECTING OUR SENIORS PLAN.

    (a) In General.--Not later than 10 days after the date of enactment 
of this Act, the Secretary of Health and Human Services (referred to in 
this Act as the ``Secretary''), in consultation with relevant 
stakeholders, departments, and agencies, shall develop a Protecting Our 
Seniors Plan and submit such plan to the Committee on Appropriations, 
the Committee on Health, Education, Labor, and Pensions, the Committee 
on Finance, and the Special Committee on Aging of the Senate and to the 
Committee on Appropriations, the Committee on Energy and Commerce, and 
the Committee on Ways and Means of the House of Representatives.
    (b) Plan Content.--The Protecting Our Seniors Plan under subsection 
(a) shall--
            (1) outline the portions of previous and planned 
        allocations from the Public Health and Social Services 
        Emergency Fund related to COVID-19 testing capacity that have 
        been targeted or will be targeted to meet the needs of nursing 
        facilities, long-term care facilities, senior living 
        communities, and other facilities that serve a significant 
        population of individuals aged 65 and older;
            (2) establish national goals and objectives related to 
        meeting the COVID-19 testing needs of such providers and 
        facilities and bolstering testing capacity for workers and 
        other individuals who regularly interact with individuals aged 
        65 and older;
            (3) describe progress at the Federal, State, local, and 
        Tribal levels towards meeting the COVID-19 testing needs of 
        such providers and facilities;
            (4) identify remaining COVID-19 testing access challenges 
        and needs related to protecting seniors served by or residing 
        in nursing facilities, long-term care facilities, senior living 
        communities, and other facilities that provide treatment, care, 
        or other services to a significant population of individuals 
        aged 65 and older;
            (5) issue recommendations to Congress regarding the 
        authorities, flexibility, and additional appropriations needed 
        to address COVID-19 testing access and capacity challenges; and
            (6) include such other information as the Secretary 
        determines appropriate.
    (c) Stakeholder Consultation.--In developing the Protecting Our 
Seniors Plan, the Secretary shall consult, where appropriate, with 
relevant stakeholders, departments, and agencies, including--
            (1) the governors or designees of States and territories, 
        and local governments, Tribes, and Tribal organizations;
            (2) the Director of the National Institutes of Health;
            (3) the Director of the Centers for Disease Control and 
        Prevention;
            (4) the Administrator of the Centers for Medicare & 
        Medicaid Services;
            (5) the Administrator of the Health Resources and Services 
        Administration;
            (6) the Administrator of the Federal Emergency Management 
        Agency;
            (7) administrators and other leaders from nursing 
        facilities, long-term care facilities, senior living 
        communities, and other facilities that serve a significant 
        population of individuals aged 65 and older;
            (8) health care workers and other essential workers who 
        regularly interact with individuals aged 65 and older;
            (9) individuals who reside in, or receive care from, 
        nursing facilities, long-term care facilities, senior living 
        communities, or other facilities that serve a significant 
        population of individuals aged 65 and older;
            (10) public health laboratories, commercial laboratories, 
        academic laboratories, and other clinical laboratories that 
        process tests associated with COVID-19;
            (11) manufacturers and developers of diagnostic tests 
        associated with COVID-19; and
            (12) epidemiologists and other health care experts.
    (d) Definition.--In this section and in section 3, the term 
``senior living communities'' includes independent living, assisted 
living, memory care, and continuing care retirement communities, and 
personal care homes, adult care homes, and residential care facilities 
for the elderly with 15 or more residential units.

SEC. 3. ALLOCATING APPROPRIATE FUNDING TO PROTECT OUR SENIORS.

    (a) Funding for Testing Capacity To Protect Seniors.--Out of the 
amounts appropriated under division B of the Paycheck Protection 
Program and Health Care Enhancement Act (Public Law 116-139) for 
necessary expenses associated with COVID-19 tests, the Secretary shall 
allocate not less than $3,500,000,000, from amounts not otherwise 
allocated, for expenses related to building consistent and sustainable 
testing capacity for nursing facilities, long-term care facilities, 
senior living communities, and other facilities that serve a 
significant population of individuals aged 65 and older, as determined 
by the Secretary.
    (b) Funding for Providers for Testing-Related Purposes.--Out of the 
amounts appropriated under division B of the Paycheck Protection 
Program and Health Care Enhancement Act (Public Law 116-139) for 
eligible health care providers, the Secretary shall allocate not less 
than $6,500,000,000, from amounts not otherwise allocated, for nursing 
facilities, long-term care facilities, senior living communities, and 
other facilities that serve a significant population of individuals 
aged 65 and older, as determined by the Secretary, to be used for 
expenses related directly or indirectly to COVID-19 testing.
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