Making emergency supplemental appropriations for the fiscal year ending September 30, 2021, and for other purposes.
Bill: H.R.1835 | Sponsor: Rep. Lee, Barbara (D-CA)
Policy area: Health

Summary:
COVID Community Care Act
This bill provides FY2021 supplemental appropriations for the Department of Health and Human Services (HHS) to prevent, prepare for, and respond to COVID-19 (i.e., coronavirus disease 2019).
Specifically, the bill provides appropriations to the HHS Public Health and Social Services Emergency Fund and the Indian Health Service for implementing programs to prevent, prepare for, and respond to COVID-19 in medically underserved communities and among tribal populations, respectively.
The bill designates the funding as emergency spending, which is exempt from discretionary spending limits.

Making emergency supplemental appropriations for the fiscal year ending 
              September 30, 2021, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
     That the following sums are hereby appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2021, and for other purposes, namely:

            TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'', $8,000,000,000, to remain available until September 
30, 2024, for the implementation of the comprehensive program to 
prevent, prepare for, and respond to COVID-19 in medically underserved 
communities, as authorized by section 101: Provided, That of such 
amounts, $60,000,000 shall be transferred to ``General Departmental 
Management'' and made available to the ``Office of Minority Health'' 
for the implementation of such program: Provided further, That the 
amounts made available (including amounts transferred) under this 
heading shall be in addition to amounts otherwise available for such 
purposes: Provided further, That such amounts are designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                         Indian Health Service

                         indian health services

    For an additional amount for ``Indian Health Services'', 
$400,000,000, to remain available until September 30, 2024, for the 
implementation of a comprehensive program to prevent, prepare for, and 
respond to COVID-19 through programs and services administered by the 
Indian Health Service, Indian Tribes, Tribal organizations, Urban 
Indian organizations, and health service providers to Tribes pursuant 
to a contract or compact under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5301 et seq.) or the Indian Health 
Care Improvement Act (25 U.S.C. 1601 et seq.), as authorized by section 
102 of this Act: Provided, That such amounts shall be in addition to 
amounts otherwise available for such purposes: Provided further, That 
such funds shall be allocated at the discretion of the Director of the 
Indian Health Service: Provided further, That the amount provided under 
this heading in this Act shall be distributed through Indian Health 
Service directly operated programs and to Tribes and Tribal 
organizations under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5301 et seq.) and through contracts or grants 
with Urban Indian Organizations under title V of the Indian Health Care 
Improvement Act (25 U.S.C. 1651 et seq.): Provided further, That any 
amounts made available under this heading and transferred to Tribes or 
Tribal organizations shall be transferred on a one-time basis, and that 
these non-recurring funds are not part of the amount required by 
section 106 of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5325), and that such amounts may only be used for the 
purposes authorized by section 102 of this Act, notwithstanding any 
other provision of law: Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS -- THIS ACT

    Sec. 101. (a) In General.--The Secretary of Health and Human 
Services, in consultation with the Deputy Assistant Secretary for 
Minority Health, the Director of the Centers for Disease Control and 
Prevention, and the Administrator of the Administration for Community 
Living, shall implement a comprehensive program to--
            (1) prevent, prepare for, and respond to COVID-19 in 
        medically underserved communities; and
            (2) ensure that such program is designed to complement the 
        efforts of State, local, territorial, and Tribal public health 
        agencies.
    (b) Components.--The comprehensive program under subsection (a) 
shall include the following:
            (1) The provision of diagnostic tests for SARS-CoV-2, 
        including rapid response tests and testing through the use of 
        mobile health units.
            (2) The provision of serological tests related to SARS-CoV-
        2.
            (3) Contact tracing to monitor the contacts of individuals 
        who are or were infected with SARS-CoV-2.
            (4) Equitable vaccine distribution and implementation.
            (5) The provision of personal protective equipment to 
        essential workers.
            (6) The facilitation of--
                    (A) voluntary isolation and quarantine of 
                individuals presumed or confirmed to be infected with, 
                or exposed to individuals presumed or confirmed to be 
                infected with, the virus that causes COVID-19; and
                    (B) the provision of social services and support 
                for such individuals.
            (7) A culturally competent and multilingual social 
        marketing campaign carried out by trusted members of the 
        community involved to increase public awareness of--
                    (A) health precautions to prevent exposure to the 
                virus that causes COVID-19;
                    (B) the benefits of monitoring and testing for 
                COVID-19;
                    (C) education about the safety and effectiveness of 
                vaccines for COVID-19;
                    (D) health care assistance programs and entities 
                that provide testing, tracing, and vaccination services 
                related to SARS-CoV-2;
                    (E) public assistance and unemployment programs for 
                individuals affected by the spread of COVID-19;
                    (F) the purpose and protections of personal and 
                demographic information collected by entities engaged 
                in administering COVID-19 testing, treatment, follow-
                up, and vaccines; and
                    (G) other public awareness priorities.
    (c) Grants to Partners.--To carry out the components of the 
comprehensive program under subsection (b), the Secretary shall--
            (1) provide grants to--
                    (A) faith-based, community, and nonprofit 
                organizations; and
                    (B) eligible institutions of higher education 
                described in section 371(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1067q(a)) that have partnerships 
                with one or more faith-based, community, or nonprofit 
                organizations; and
            (2) ensure that grantees represent or demonstrate an intent 
        to subcontract with entities having relationships with 
        medically underserved communities.
    (d) Hiring of Personnel.--The individuals hired and trained to 
perform services pursuant to the comprehensive program under subsection 
(a) shall have--
            (1) experience working in medically underserved 
        communities; and
            (2) relationships with individuals who reside in medically 
        underserved communities.
    (e) Protection of Personal Information.--The Secretary shall ensure 
that the individually identifiable information collected to perform 
contact tracing pursuant to the comprehensive program under subsection 
(a) is secure from unauthorized access and disclosure.
    (f) Limitations on Use of Collection, Use and Disclosure of 
Personal Information.--Individuals, Federal agencies, and entities 
carrying out actions under or administering the program under this 
section shall collect only the information strictly necessary to carry 
out the program, and shall not--
            (1) use or disclose the information generated pursuant to 
        the program for any purpose other than carrying out the 
        program;
            (2) publish or sell individually identifiable information 
        generated pursuant to the program nor transmit such data for 
        purposes other than carrying out the program, including sharing 
        personally identifiable information with any local, State, or 
        Federal law enforcement agency; or
            (3) permit anyone other than the officers and employees of 
        the entities charged with administering the program, who are 
        subject to the limitations of this section, to access or 
        examine such individually identifiable information.
    (g) Strategy.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary shall develop and 
        publish a comprehensive strategy with respect to the 
        comprehensive program under subsection (a) for the purpose of 
        addressing health and health disparities, taking into 
        consideration the following:
                    (A) Race and ethnicity.
                    (B) Sex (including sexual orientation and gender 
                identity).
                    (C) Age.
                    (D) Limited English proficiency.
                    (E) Socioeconomic status.
                    (F) Disability.
                    (G) Census tract.
                    (H) Occupation.
                    (I) Other demographic data.
            (2) Consultation.--In developing the strategy under 
        paragraph (1), the Secretary shall consult with health 
        officials who represent the following:
                    (A) State and territorial governments.
                    (B) Local governments.
                    (C) Tribal governments.
    Sec. 102. (a) In General.--The Secretary of Health and Human 
Services, acting through the Director of the Indian Health Service, 
shall implement a comprehensive program to prevent and respond to 
COVID-19 through programs and services administered by--
            (1) the Indian Health Service; and
            (2) Indian Tribes, Tribal organizations, Urban Indian 
        organizations, and health service providers to Tribes pursuant 
        to a contract or compact under--
                    (A) the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 5301 et seq.); or
                    (B) the Indian Health Care Improvement Act (25 
                U.S.C. 1601 et seq.).
    (b) Components.--The comprehensive program under subsection (a) 
shall include the following:
            (1) The provision of diagnostic tests for the virus that 
        causes COVID-19, including rapid response tests and testing 
        through the use of mobile health units.
            (2) The provision of serological tests related to SARS-CoV-
        2.
            (3) Contact tracing to identify and monitor the contacts of 
        individuals who are or were infected with the virus that causes 
        COVID-19, including hiring and training culturally and 
        linguistically competent contact tracers.
            (4) Equitable vaccine distribution and implementation.
            (5) The provision of personal protective equipment to 
        essential workers, including--
                    (A) community health representatives employed under 
                section 516 of the Indian Health Care Improvement Act 
                (25 U.S.C. 1616f); and
                    (B) community health aides employed under section 
                119 of the Indian Health Care Improvement Act (25 
                U.S.C. 1616l).
            (6) The facilitation of--
                    (A) voluntary isolation and quarantine of 
                individuals presumed or confirmed to be infected with, 
                or exposed to individuals presumed or confirmed to be 
                infected with, the virus that causes COVID-19; and
                    (B) the provision of social services and support 
                for such individuals.
            (7) A culturally competent and linguistically appropriate 
        social marketing campaign carried out by trusted members of the 
        community involved to increase public awareness of--
                    (A) health precautions to prevent exposure to, and 
                the spread of, the virus that causes COVID-19;
                    (B) the benefits of monitoring and testing for such 
                virus;
                    (C) education about the safety and effectiveness of 
                vaccines for COVID-19;
                    (D) health care assistance programs and entities 
                that provide testing, tracing, and vaccination services 
                related to SARS-CoV-2;
                    (E) public assistance and unemployment programs for 
                individuals affected by the spread of COVID-19;
                    (F) the purpose and protections of personal and 
                demographic information collected by entities engaged 
                in administering COVID-19 testing, treatment, follow-
                up, and vaccines; and
                    (G) other public awareness priorities.
            (8) Awarding grants or cooperative agreements to 
        epidemiology centers established under section 214 of the 
        Indian Health Care Improvement Act (25 U.S.C. 1621m).
    (c) Consultation.--Before implementing the program under subsection 
(a), the Secretary shall--
            (1) consult with Indian Tribes and Tribal organizations; 
        and
            (2) confer with Urban Indian organizations.
    Sec. 103.  In this Act:
            (1) The term ``essential worker'' means--
                    (A) a health sector employee;
                    (B) an emergency response worker;
                    (C) a sanitation worker;
                    (D) a worker at a business which a State, local, 
                territorial, or Tribal government official has 
                determined must remain open to serve the public during 
                a public health emergency (as declared pursuant to 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d)) with respect to COVID-19; and
                    (E) any other worker who cannot telework, and whom 
                the State deems to be essential during a public health 
                emergency with respect to COVID-19.
            (2) The term ``Indian Tribe'' means an ``Indian tribe'' as 
        defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (3) The term ``medically underserved communities'' means 
        communities that each--
                    (A) have a rate of infection, hospitalization, or 
                death with respect to COVID-19 that is higher than the 
                national average;
                    (B) have a high percentage of racial and ethnic 
                minorities;
                    (C) have a significant number of individuals who 
                are limited English proficient; or
                    (D) are above the 90th percentile according to the 
                area deprivation index developed by the Administrator 
                of the Health Resources and Services Administration.
            (4) The term ``Secretary'' means the Secretary of Health 
        and Human Services.
            (5) The term ``Tribal organization'' means a ``tribal 
        organization'' as defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (6) The term ``Urban Indian organization'' has the meaning 
        given such term in section 4 of the Indian Health Care 
        Improvement Act (25 U.S.C. 1603).
    Sec. 104.  Unless otherwise provided for by this Act, the 
additional amounts appropriated by this Act to appropriations accounts 
shall be available under the authorities and conditions applicable to 
such appropriations accounts for fiscal year 2021.
    Sec. 105.  Each amount designated in this Act by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall 
be available (or transferred, as applicable) only if the President 
subsequently so designates all such amounts and transmits such 
designations to the Congress.
     This Act may be cited as the ``COVID Community Care Act''.
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