Crush the Virus Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1371 Making supplemental appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 25, 2021 Mr. REED introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, 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 Making supplemental appropriations for the fiscal year end- ing September 30, 2021, providing coronavirus emer- gency response and relief, 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 ‘‘Crush the Virus Act 4 of 2021’’. 5 VerDate Sep 11 2014 21:09 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1371.IH H1371 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1371 IH SEC. 2. FUNDING FOR COVID–19 VACCINE ACTIVITIES AT 1 THE CENTERS FOR DISEASE CONTROL AND 2 PREVENTION. 3 (a) IN GENERAL.—In addition to amounts otherwise 4 available, there is appropriated to the Secretary of Health 5 and Human Services (in this Act referred to as the ‘‘Sec- 6 retary’’) for fiscal year 2021, out of any money in the 7 Treasury not otherwise appropriated, $8,500,000,000, to 8 remain available until expended, to carry out activities to 9 plan, prepare for, promote, distribute, administer, mon- 10 itor, and track COVID–19 vaccines, working with States, 11 territories, and Tribes. 12 (b) USE OF FUNDS.—The Secretary, acting through 13 the Director of the Centers for Disease Control and Pre- 14 vention, and in consultation with other agencies, as appli- 15 cable, shall, in conducting activities referred to in sub- 16 section (a)— 17 (1) enhance, expand, and improve nationwide 18 COVID–19 vaccine distribution and administration, 19 including activities related to distribution of ancil- 20 lary medical products and supplies related to vac- 21 cines; 22 (2) provide for the vaccination of employees and 23 individuals working or residing in congregate set- 24 tings and other high-risk environments; 25 VerDate Sep 11 2014 21:09 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1371.IH H1371 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1371 IH (3) provide information and public outreach, 1 that is culturally and linguistically appropriate, with 2 respect to vaccines licensed under section 351 of the 3 Public Health Service Act (42 U.S.C. 262) or au- 4 thorized under section 564 of the Federal Food, 5 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) in 6 order to strengthen vaccine confidence in the United 7 States, including its territories and possessions, par- 8 ticularly in minority and underserved communities 9 with low rates of vaccination; and 10 (4) provide technical assistance, guidance, and 11 support to, and award grants or cooperative agree- 12 ments to, State, local, Tribal, and territorial public 13 health departments for enhancement of COVID–19 14 vaccine distribution and administration capabilities, 15 including— 16 (A) the distribution and administration of 17 vaccines licensed under section 351 of the Pub- 18 lic Health Service Act (42 U.S.C. 262) or au- 19 thorized under section 564 of the Federal Food, 20 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) 21 and ancillary medical products and supplies re- 22 lated to vaccines; 23 (B) the establishment and expansion, in- 24 cluding staffing support, of community vaccina- 25 VerDate Sep 11 2014 21:09 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1371.IH H1371 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1371 IH tion centers, particularly in rural, frontier, and 1 underserved areas; 2 (C) the deployment of mobile vaccination 3 units, particularly in rural, frontier, and under- 4 served areas; 5 (D) information technology, data, and re- 6 porting enhancements, including improvements 7 necessary to support sharing of data related to 8 vaccine distribution and vaccinations and sys- 9 tems that enhance vaccine safety, effectiveness, 10 and uptake, particularly among underserved 11 populations; 12 (E) facilities enhancements; and 13 (F) communication with the public regard- 14 ing when, where, and how to receive COVID– 15 19 vaccines. 16 SEC. 3. FUNDING RESEARCH ON AND DEVELOPMENT OF 17 COVID–19 VACCINES, THERAPEUTICS, AND 18 MEDICAL SUPPLIES. 19 In addition to amounts otherwise available, there is 20 appropriated to the Public Health and Social Services 21 Emergency Fund for fiscal year 2021, out of any money 22 in the Treasury not otherwise appropriated, 23 $11,500,000,000, to remain available until expended, for 24 necessary expenses with respect to research, development, 25 VerDate Sep 11 2014 21:09 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1371.IH H1371 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1371 IH manufacturing, production, and the purchase of vaccines, 1 therapeutics, and ancillary medical products and supplies 2 to prevent, prepare, or respond to— 3 (1) SARS–CoV–2 or any viral variant mutating 4 therefrom with pandemic potential; and 5 (2) COVID–19 or any disease with potential for 6 creating a pandemic. 7 SEC. 4. FUNDING FOR COVID–19 TESTING, CONTACT TRAC- 8 ING, AND MITIGATION ACTIVITIES. 9 (a) IN GENERAL.—In addition to amounts otherwise 10 available, there is appropriated to the Secretary for fiscal 11 year 2021, out of any money in the Treasury not otherwise 12 appropriated, $50,000,000,000, to remain available until 13 expended, to carry out activities to detect, diagnose, trace, 14 and monitor SARS–CoV–2 and COVID–19 infections and 15 related strategies to mitigate the spread of COVID–19, 16 working with States, territories, and Tribes. 17 (b) USE OF FUNDS.—From amounts appropriated by 18 subsection (a), the Secretary shall— 19 (1) implement an evidence-based strategy for 20 testing, contact tracing, surveillance, and mitigation 21 with respect to SARS–CoV–2 and COVID–19; 22 (2) provide technical assistance, guidance, and 23 support, and award grants or cooperative agree- 24 ments to State, local, and territorial public health 25 VerDate Sep 11 2014 21:09 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1371.IH H1371 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1371 IH departments for activities to detect, diagnose, trace, 1 and monitor SARS–CoV–2 and COVID–19 infec- 2 tions and related strategies and activities to mitigate 3 the spread of COVID–19; 4 (3) award grants or cooperative agreements to 5 State, local, Tribal, or territorial public health de- 6 partments or public health laboratories— 7 (A) to increase their capacity to sequence 8 genomes of circulating strains of viruses and 9 other organisms, including SARS–CoV–2; 10 (B) to identify mutations in viruses and 11 other organisms, including SARS–CoV–2; 12 (C) to use genomic sequencing to identify 13 outbreaks and clusters of diseases or infections, 14 including COVID–19; and 15 (D) to develop effective disease response 16 strategies based on genomic sequencing and 17 surveillance data; 18 (4) support the development, manufacturing, 19 procurement, distribution, and administration of 20 tests to detect or diagnose SARS–CoV–2 and 21 COVID–19, including supplies necessary for admin- 22 istering tests, such as personal protective equipment; 23 (5) establish and expand Federal, State, local, 24 and territorial testing and contact tracing capabili- 25 VerDate Sep 11 2014 21:09 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1371.IH H1371 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1371 IH ties, including investments in laboratory capacity, 1 community-based testing sites, and mobile testing 2 units, particularly in rural, frontier, and medically 3 underserved areas; 4 (6) enhance information technology, data mod- 5 ernization, and reporting, including improvements 6 necessary to support sharing of data related to pub- 7 lic health capabilities; 8 (7) award grants to, or enter into cooperative 9 agreements or contracts with, State, local, and terri- 10 torial public health departments to establish, ex- 11 pand, and sustain a public health workforce; and 12 (8) to cover administrative and program sup- 13 port costs necessary to conduct activities related to 14 subparagraph (a). 15 SEC. 5. FEDERAL EMERGENCY MANAGEMENT AGENCY AP- 16 PROPRIATION. 17 In addition to amounts otherwise available, there is 18 appropriated to the Federal Emergency Management 19 Agency for fiscal year 2021, out of any money in the 20 Treasury not otherwise appropriated, $30,000,000,000, to 21 remain available until September 30, 2025, for major dis- 22 asters declared pursuant to the Robert T. Stafford Dis- 23 aster Relief and Emergency Assistance Act (42 U.S.C. 24 5121 et seq.). 25 VerDate Sep 11 2014 19:44 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1371.IH H1371 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1371 IH SEC. 6. COVID–19 EMERGENCY MEDICAL SUPPLIES EN- 1 HANCEMENT. 2 (a) SUPPORTING ENHANCED USE OF THE DEFENSE 3 PRODUCTION ACT OF 1950.—In addition to funds other- 4 wise available, there is appropriated, for fiscal year 2021, 5 out of any money in the Treasury not otherwise appro- 6 priated, $5,000,000,000, to remain available until Sep- 7 tember 30, 2025, to carry out titles I, III, and VII of the 8 Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 9 in accordance with subsection (b). 10 (b) MEDICAL SUPPLIES AND EQUIPMENT.—Amounts 11 appropriated in subsection (a) shall be used for the pur- 12 chase, production (including the construction, repair, and 13 retrofitting of government-owned or private facilities as 14 necessary), or distribution of medical supplies and equip- 15 ment (including durable medical equipment) related to 16 combating the COVID–19 pandemic, including— 17 (1) in vitro diagnostic products (as defined in 18 section 809.3(a) of title 21, Code of Federal Regula- 19 tions) for the detection of SARS–CoV–2 or the diag- 20 nosis of the virus that causes COVID–19, and the 21 reagents and other materials necessary for pro- 22 ducing, conducting, or administering such products, 23 and the machinery, equipment, laboratory capacity, 24 or other technology necessary to produce such prod- 25 ucts; 26 VerDate Sep 11 2014 21:09 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1371.IH H1371 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1371 IH (2) face masks and personal protective equip- 1 ment, including face shields, nitrile gloves, N–95 fil- 2 tering facepiece respirators, and any other masks or 3 equipment (including durable medical equipment) 4 determined by the Secretary of Health and Human 5 Services to be needed to respond to the COVID–19 6 pandemic, and the materials, machinery, additional 7 manufacturing lines or facilities, or other technology 8 necessary to produce such equipment; and 9 (3) drugs and devices (as those terms are de- 10 fined in the Federal Food, Drug, and Cosmetic Act 11 (21 U.S.C. 301 et seq.)) and biological products (as 12 that term is defined by section 351 of the Public 13 Health Service Act (42 U.S.C. 262)) that are ap- 14 proved, cleared, licensed, or authorized under either 15 of such Acts for use in treating or preventing 16 COVID–19 and symptoms related to COVID–19, 17 and any materials, manufacturing machinery, addi- 18 tional manufacturing or fill-finish lines or facilities, 19 technology, or equipment (including durable medical 20 equipment) necessary to produce or use such drugs, 21 biological products, or devices (including syringes, 22 vials, or other supplies or equipment related to deliv- 23 ery, distribution, or administration). 24 VerDate Sep 11 2014 21:09 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1371.IH H1371 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1371 IH (c) DELEGATION AUTHORITY.—For purposes of 1 using amounts appropriated in subsection (a), the Presi- 2 dent shall only delegate authority to, with respect to any 3 uses described under subsection (b)— 4 (1) the Secretary of Health and Human Serv- 5 ices; and 6 (2) the head of any other agency responsible for 7 responding to the COVID–19 pandemic if the Presi- 8 dent determines that such delegation is important to 9 an effective response to such pandemic. 10 (d) APPLICATION OF LIMITATIONS UNDER THE DE- 11 FENSE PRODUCTION ACT OF 1950.—The requirements 12 described in section 304(e) of the Defense Production Act 13 of 1950 (50 U.S.C. 4534(e)) shall not apply to the funds 14 appropriated in subsection (a) until September 30, 2025. 15 SEC. 7. PERSONAL PROTECTIVE EQUIPMENT. 16 In addition to amounts otherwise available, there is 17 appropriated to the Secretary for fiscal year 2021, out of 18 any money in the Treasury not otherwise appropriated, 19 $5,000,000,000 to remain available until expended, for 20 necessary expenses with respect to the manufacturing, ac- 21 quisition, and distribution of personal protective equip- 22 ment for preventing the spread of COVID–19. 23 VerDate Sep 11 2014 21:09 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1371.IH H1371 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1371 IH SEC. 8. STRATEGIC NATIONAL STOCKPILE. 1 In addition to amounts otherwise available, there is 2 appropriated to the Secretary for fiscal year 2021, out of 3 any money in the Treasury not otherwise appropriated, 4 $15,000,000,000, to remain available until expended, for 5 necessary expenses with respect to the procurement and 6 stockpile pursuant to section 319F–2 of the Public Health 7 Service Act (42 U.S.C. 247d–6b) of vaccines, therapeutics, 8 and ancillary medical products and supplies to prevent, 9 prepare, or respond to SARS–CoV–2 or any viral variant 10 mutating therefrom with pandemic potential, and 11 COVID–19. 12 SEC. 9. PROVIDER RELIEF FUND. 13 (a) In addition to amounts otherwise available, there 14 is appropriated for the Public Health and Social Services 15 Emergency Fund for fiscal year 2021, out of any money 16 in the Treasury not otherwise appropriated, 17 $35,000,000,000, to remain available until expended, to 18 prevent, prepare for, and respond to COVID–19, domesti- 19 cally or internationally, for necessary expenses to reim- 20 burse, through grants or other mechanisms, eligible health 21 care providers for health care related expenses or lost reve- 22 nues that are attributable to coronavirus. 23 (b) Of the eligible health care provi [Text truncated for display. Full text available on Congress.gov.]