Crush the Virus Act of 2021
Bill: H.R.1371 | Sponsor: Rep. Reed, Tom (R-NY)
Policy area: Health

Summary:
Crush the Virus Act of 2021
This bill provides supplemental appropriations to several federal agencies for activities and equipment to respond to COVID-19.
Specifically, the bill provides appropriations to the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the Federal Emergency Management Agency (FEMA).
The bill provides the appropriations for

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

    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 ``Crush the Virus Act of 2021''.

SEC. 2. FUNDING FOR COVID-19 VACCINE ACTIVITIES AT THE CENTERS FOR 
              DISEASE CONTROL AND PREVENTION.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary of Health and Human Services (in this 
Act referred to as the ``Secretary'') for fiscal year 2021, out of any 
money in the Treasury not otherwise appropriated, $8,500,000,000, to 
remain available until expended, to carry out activities to plan, 
prepare for, promote, distribute, administer, monitor, and track COVID-
19 vaccines, working with States, territories, and Tribes.
    (b) Use of Funds.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention, and in consultation 
with other agencies, as applicable, shall, in conducting activities 
referred to in subsection (a)--
            (1) enhance, expand, and improve nationwide COVID-19 
        vaccine distribution and administration, including activities 
        related to distribution of ancillary medical products and 
        supplies related to vaccines;
            (2) provide for the vaccination of employees and 
        individuals working or residing in congregate settings and 
        other high-risk environments;
            (3) provide information and public outreach, that is 
        culturally and linguistically appropriate, with respect to 
        vaccines licensed under section 351 of the Public Health 
        Service Act (42 U.S.C. 262) or authorized under section 564 of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) 
        in order to strengthen vaccine confidence in the United States, 
        including its territories and possessions, particularly in 
        minority and underserved communities with low rates of 
        vaccination; and
            (4) provide technical assistance, guidance, and support to, 
        and award grants or cooperative agreements to, State, local, 
        Tribal, and territorial public health departments for 
        enhancement of COVID-19 vaccine distribution and administration 
        capabilities, including--
                    (A) the distribution and administration of vaccines 
                licensed under section 351 of the Public Health Service 
                Act (42 U.S.C. 262) or authorized under section 564 of 
                the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                360bbb-3) and ancillary medical products and supplies 
                related to vaccines;
                    (B) the establishment and expansion, including 
                staffing support, of community vaccination centers, 
                particularly in rural, frontier, and underserved areas;
                    (C) the deployment of mobile vaccination units, 
                particularly in rural, frontier, and underserved areas;
                    (D) information technology, data, and reporting 
                enhancements, including improvements necessary to 
                support sharing of data related to vaccine distribution 
                and vaccinations and systems that enhance vaccine 
                safety, effectiveness, and uptake, particularly among 
                underserved populations;
                    (E) facilities enhancements; and
                    (F) communication with the public regarding when, 
                where, and how to receive COVID-19 vaccines.

SEC. 3. FUNDING RESEARCH ON AND DEVELOPMENT OF COVID-19 VACCINES, 
              THERAPEUTICS, AND MEDICAL SUPPLIES.

    In addition to amounts otherwise available, there is appropriated 
to the Public Health and Social Services Emergency Fund for fiscal year 
2021, out of any money in the Treasury not otherwise appropriated, 
$11,500,000,000, to remain available until expended, for necessary 
expenses with respect to research, development, manufacturing, 
production, and the purchase of vaccines, therapeutics, and ancillary 
medical products and supplies to prevent, prepare, or respond to--
            (1) SARS-CoV-2 or any viral variant mutating therefrom with 
        pandemic potential; and
            (2) COVID-19 or any disease with potential for creating a 
        pandemic.

SEC. 4. FUNDING FOR COVID-19 TESTING, CONTACT TRACING, AND MITIGATION 
              ACTIVITIES.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2021, out of any money 
in the Treasury not otherwise appropriated, $50,000,000,000, to remain 
available until expended, to carry out activities to detect, diagnose, 
trace, and monitor SARS-CoV-2 and COVID-19 infections and related 
strategies to mitigate the spread of COVID-19, working with States, 
territories, and Tribes.
    (b) Use of Funds.--From amounts appropriated by subsection (a), the 
Secretary shall--
            (1) implement an evidence-based strategy for testing, 
        contact tracing, surveillance, and mitigation with respect to 
        SARS-CoV-2 and COVID-19;
            (2) provide technical assistance, guidance, and support, 
        and award grants or cooperative agreements to State, local, and 
        territorial public health departments for activities to detect, 
        diagnose, trace, and monitor SARS-CoV-2 and COVID-19 infections 
        and related strategies and activities to mitigate the spread of 
        COVID-19;
            (3) award grants or cooperative agreements to State, local, 
        Tribal, or territorial public health departments or public 
        health laboratories--
                    (A) to increase their capacity to sequence genomes 
                of circulating strains of viruses and other organisms, 
                including SARS-CoV-2;
                    (B) to identify mutations in viruses and other 
                organisms, including SARS-CoV-2;
                    (C) to use genomic sequencing to identify outbreaks 
                and clusters of diseases or infections, including 
                COVID-19; and
                    (D) to develop effective disease response 
                strategies based on genomic sequencing and surveillance 
                data;
            (4) support the development, manufacturing, procurement, 
        distribution, and administration of tests to detect or diagnose 
        SARS-CoV-2 and COVID-19, including supplies necessary for 
        administering tests, such as personal protective equipment;
            (5) establish and expand Federal, State, local, and 
        territorial testing and contact tracing capabilities, including 
        investments in laboratory capacity, community-based testing 
        sites, and mobile testing units, particularly in rural, 
        frontier, and medically underserved areas;
            (6) enhance information technology, data modernization, and 
        reporting, including improvements necessary to support sharing 
        of data related to public health capabilities;
            (7) award grants to, or enter into cooperative agreements 
        or contracts with, State, local, and territorial public health 
        departments to establish, expand, and sustain a public health 
        workforce; and
            (8) to cover administrative and program support costs 
        necessary to conduct activities related to subparagraph (a).

SEC. 5. FEDERAL EMERGENCY MANAGEMENT AGENCY APPROPRIATION.

    In addition to amounts otherwise available, there is appropriated 
to the Federal Emergency Management Agency for fiscal year 2021, out of 
any money in the Treasury not otherwise appropriated, $30,000,000,000, 
to remain available until September 30, 2025, for major disasters 
declared pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.).

SEC. 6. COVID-19 EMERGENCY MEDICAL SUPPLIES ENHANCEMENT.

    (a) Supporting Enhanced Use of the Defense Production Act of 
1950.--In addition to funds otherwise available, there is appropriated, 
for fiscal year 2021, out of any money in the Treasury not otherwise 
appropriated, $5,000,000,000, to remain available until September 30, 
2025, to carry out titles I, III, and VII of the Defense Production Act 
of 1950 (50 U.S.C. 4501 et seq.) in accordance with subsection (b).
    (b) Medical Supplies and Equipment.--Amounts appropriated in 
subsection (a) shall be used for the purchase, production (including 
the construction, repair, and retrofitting of government-owned or 
private facilities as necessary), or distribution of medical supplies 
and equipment (including durable medical equipment) related to 
combating the COVID-19 pandemic, including--
            (1) in vitro diagnostic products (as defined in section 
        809.3(a) of title 21, Code of Federal Regulations) for the 
        detection of SARS-CoV-2 or the diagnosis of the virus that 
        causes COVID-19, and the reagents and other materials necessary 
        for producing, conducting, or administering such products, and 
        the machinery, equipment, laboratory capacity, or other 
        technology necessary to produce such products;
            (2) face masks and personal protective equipment, including 
        face shields, nitrile gloves, N-95 filtering facepiece 
        respirators, and any other masks or equipment (including 
        durable medical equipment) determined by the Secretary of 
        Health and Human Services to be needed to respond to the COVID-
        19 pandemic, and the materials, machinery, additional 
        manufacturing lines or facilities, or other technology 
        necessary to produce such equipment; and
            (3) drugs and devices (as those terms are defined in the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)) 
        and biological products (as that term is defined by section 351 
        of the Public Health Service Act (42 U.S.C. 262)) that are 
        approved, cleared, licensed, or authorized under either of such 
        Acts for use in treating or preventing COVID-19 and symptoms 
        related to COVID-19, and any materials, manufacturing 
        machinery, additional manufacturing or fill-finish lines or 
        facilities, technology, or equipment (including durable medical 
        equipment) necessary to produce or use such drugs, biological 
        products, or devices (including syringes, vials, or other 
        supplies or equipment related to delivery, distribution, or 
        administration).
    (c) Delegation Authority.--For purposes of using amounts 
appropriated in subsection (a), the President shall only delegate 
authority to, with respect to any uses described under subsection (b)--
            (1) the Secretary of Health and Human Services; and
            (2) the head of any other agency responsible for responding 
        to the COVID-19 pandemic if the President determines that such 
        delegation is important to an effective response to such 
        pandemic.
    (d) Application of Limitations Under the Defense Production Act of 
1950.--The requirements described in section 304(e) of the Defense 
Production Act of 1950 (50 U.S.C. 4534(e)) shall not apply to the funds 
appropriated in subsection (a) until September 30, 2025.

SEC. 7. PERSONAL PROTECTIVE EQUIPMENT.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2021, out of any money in the Treasury 
not otherwise appropriated, $5,000,000,000 to remain available until 
expended, for necessary expenses with respect to the manufacturing, 
acquisition, and distribution of personal protective equipment for 
preventing the spread of COVID-19.

SEC. 8. STRATEGIC NATIONAL STOCKPILE.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2021, out of any money in the Treasury 
not otherwise appropriated, $15,000,000,000, to remain available until 
expended, for necessary expenses with respect to the procurement and 
stockpile pursuant to section 319F-2 of the Public Health Service Act 
(42 U.S.C. 247d-6b) of vaccines, therapeutics, and ancillary medical 
products and supplies to prevent, prepare, or respond to SARS-CoV-2 or 
any viral variant mutating therefrom with pandemic potential, and 
COVID-19.

SEC. 9. PROVIDER RELIEF FUND.

    (a) In addition to amounts otherwise available, there is 
appropriated for the Public Health and Social Services Emergency Fund 
for fiscal year 2021, out of any money in the Treasury not otherwise 
appropriated, $35,000,000,000, to remain available until expended, to 
prevent, prepare for, and respond to COVID-19, domestically or 
internationally, for necessary expenses to reimburse, through grants or 
other mechanisms, eligible health care providers for health care 
related expenses or lost revenues that are attributable to coronavirus.
    (b) Of the eligible health care providers that are recipients of 
payments under this section, $7,000,000,000 of such amount shall be for 
suppliers and providers located in a rural area (as defined in section 
1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(D))).
    (c) These funds may not be used to reimburse expenses or losses 
that have been reimbursed from other sources or that other sources are 
obligated to reimburse.
    (d) Recipients of payments under this section shall submit reports 
and maintain documentation as the Secretary determines are needed to 
ensure compliance with conditions that are imposed by this section for 
such payments, and such reports and documentation shall be in such 
form, with such content, and in such time as the Secretary may 
prescribe for such purpose.
    (e) The term ``eligible health care providers'' means public 
entities, Medicare or Medicaid enrolled suppliers and providers, and 
such for-profit entities and not-for-profit entities not otherwise 
described in this subsection as the Secretary may specify, within the 
United States (including territories), that provide diagnoses, testing, 
or care for individuals with possible or actual cases of COVID-19.
    (f) The Secretary of Health and Human Services shall, on a rolling 
basis, review applications and make payments under this section in this 
Act.
    (g) Funds appropriated under this section in this Act shall be 
available for building or construction of temporary structures, leasing 
of properties, medical supplies and equipment including personal 
protective equipment and testing supplies, increased workforce and 
trainings, emergency operation centers, retrofitting facilities, and 
surge capacity.
    (h) In this section, the term ``payment'' means a pre-payment, 
prospective payment, or retrospective payment, as determined 
appropriate by the Secretary.
    (i) Payments under this section shall be made in consideration of 
the most efficient payment systems practicable to provide emergency 
payment.
    (j) To be eligible for a payment under this section, an eligible 
health care provider shall submit to the Secretary of Health and Human 
Services an application that includes a statement justifying the need 
of the provider for the payment and the eligible health care provider 
shall have a valid tax identification number.
    (k) Not later than 3 years after final payments are made under this 
section, the Office of Inspector General of the Department of Health 
and Human Services shall transmit a final report on audit findings with 
respect to this program to the Committees on Appropriations of the 
House of Representatives and the Senate.
    (l) Nothing in this section limits the authority of the Inspector 
General or the Comptroller General to conduct audits of interim 
payments at an earlier date.
    (m) Not later than 60 days after the date of enactment of this Act, 
the Secretary of Health and Human Services shall provide a report to 
the Committees on Appropriations of the House of Representatives and 
the Senate on obligation of funds, including obligations to such 
eligible health care providers summarized by State of the payment 
receipt.
    (n) Such reports shall be updated and submitted to such Committees 
every 60 days until funds are expended.

SEC. 10. FUNDING FOR BLOCK GRANTS FOR COMMUNITY MENTAL HEALTH SERVICES.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2021, out of any money in the Treasury 
not otherwise appropriated, $1,750,000,000, to remain available until 
expended, for carrying out subpart I of part B of title XIX of the 
Public Health Service Act (42 U.S.C. 300x et seq.), subpart III of part 
B of title XIX of such Act (42 U.S.C. 300x-51 et seq.), and section 
505(c) of such Act (42 U.S.C. 290aa-4(c)) with respect to mental 
health. Notwithstanding section 1952 of the Public Health Service Act 
(42 U.S.C. 300x-62), any amount awarded to a State out of amounts 
appropriated by this section shall be expended by the State by 
September 30, 2025.

SEC. 11. FUNDING FOR BLOCK GRANTS FOR PREVENTION AND TREATMENT OF 
              SUBSTANCE ABUSE.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2021, out of any money in the Treasury 
not otherwise appropriated, $1,750,000,000, to remain available until 
expended, for carrying out subpart II of part B of title XIX of the 
Public Health Service Act (42 U.S.C. 300x-21 et seq.), subpart III of 
part B of title XIX of such Act (42 U.S.C. 300x-51 et seq.), section 
505(d) of such Act (42 U.S.C. 290aa-4(d)) with respect to substance 
abuse, and section 515(d) of such Act (42 U.S.C. 290bb-21(d)). 
Notwithstanding section 1952 of the Public Health Service Act (42 
U.S.C. 300x-62), any amount awarded to a State out of amounts 
appropriated by this section shall be expended by the State by 
September 30, 2025.

SEC. 12. MISCELLANEOUS PROVISIONS.

    (a) Applicable Requirements.--Amounts appropriated by this Act are 
subject to the requirements contained in Public Law 116-94 for funds 
for programs authorized under sections 330 through 340 of the Public 
Health Service Act (42 U.S.C. 254b et seq.).
    (b) Emergency Designation.--Amounts appropriated by this Act 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.
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