[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4262 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4262

  To direct the Secretary of Health and Human Services to develop an 
    action plan, make targeted grants, and develop public awareness 
 campaigns with respect to COVID-19 and the disproportionate impact of 
    the COVID-19 pandemic on racial and ethnic minorities and other 
                        vulnerable populations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2020

Mr. Menendez (for himself, Mr. Cardin, Ms. Warren, Mr. Van Hollen, Mr. 
   Markey, Ms. Smith, Mr. Booker, Ms. Cortez Masto, Mr. Merkley, Ms. 
   Hirono, Mr. Sanders, Mrs. Shaheen, Mr. Blumenthal, Ms. Rosen, Ms. 
   Harris, Ms. Hassan, Mr. Warner, and Ms. Klobuchar) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Health and Human Services to develop an 
    action plan, make targeted grants, and develop public awareness 
 campaigns with respect to COVID-19 and the disproportionate impact of 
    the COVID-19 pandemic on racial and ethnic minorities and other 
                        vulnerable populations.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``COVID-19 Health 
Disparities Action Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Health disparity-informed contact tracing grants.
Sec. 3. COVID-19 health disparities action plan.
Sec. 4. Federal public awareness campaigns to address health 
                            disparities.
Sec. 5. Grant program for public awareness campaigns to address health 
                            disparities.
Sec. 6. Vaccine safety public awareness campaign.
Sec. 7. Addendum to testing plans to address disparities.
Sec. 8. Definitions.

SEC. 2. HEALTH DISPARITY-INFORMED CONTACT TRACING GRANTS.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary''), acting through the 
Director of the Centers for Disease Control and Prevention and in 
coordination with the Office of Minority Health of the Department of 
Health and Human Services, and, as appropriate, in coordination with 
the relevant Offices of Minority Health of the Department of Health and 
Human Services, the National Institute of Minority Health and Health 
Disparities, and the Indian Health Service, shall award grants to 
eligible entities to conduct contact tracing operations, using amounts 
appropriated under the heading ``Public Health and Social Services 
Emergency Fund'' under the heading ``Office of the Secretary'' under 
the heading ``Department of Health and Human Services'' of title I of 
division B of the Paycheck Protection Program and Health Care 
Enhancement Act (Public Law 116-139).
    (b) Eligible Entities.--
            (1) In general.--To be eligible for a grant under this 
        section, an entity shall--
                    (A) be a State, local, Tribal, or territorial 
                health department, a nonprofit community-based 
                organization, a nonprofit faith-based organization, an 
                urban Indian organization, a Tribal organization, or a 
                health care provider, serving one or more of the grant 
                regions described in paragraph (2); and
                    (B) submit an application to the Secretary at such 
                time, in such manner, and containing such information 
                as the Secretary may require, including demographic 
                data on the entity's employees or projected hires at 
                the time of submission.
            (2) Grant regions.--The Secretary may award grants to 
        eligible entities serving one or more of the following:
                    (A) A State.
                    (B) A territory.
                    (C) An Indian Tribe.
                    (D) A Tribal organization.
                    (E) An urban Indian organization.
                    (F) A county.
                    (G) A metropolitan statistical area.
                    (H) Any other city, town, or other public body 
                created by, or pursuant to, State law.
            (3) Prohibition on discrimination.--Programs funded under 
        this section shall not discriminate on the basis of actual or 
        perceived sex, race, color, ethnicity, national origin, 
        disability, sexual orientation, gender identity, or religion. 
        Nothing in this section shall be construed to invalidate or 
        limit rights, remedies, procedures, or legal standards 
        available under any other Federal law or any law of a State or 
        a political subdivision of a State, including the Civil Rights 
        Act of 1964 (42 U.S.C. 2000a et seq.), title IX of the 
        Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 
        504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.), and section 1557 of the Patient Protection and 
        Affordable Care Act (42 U.S.C. 18116).
    (c) Prioritization.--In awarding grants under subsection (a), the 
Secretary shall give special consideration to eligible entities that 
have demonstrated a commitment to recruiting and retaining employees 
who are racial and ethnic minorities representative of the demographic 
groups of a grant area served by the entity, which may include entities 
that employ, or plan to employ, community health workers, as defined in 
section 2113(f)(4) of the Social Security Act (42 U.S.C. 1397mm(f)(4)).
    (d) Reporting.--
            (1) By entities.--An eligible entity receiving a grant 
        under this section shall report to the Secretary demographic 
        information of employees directly involved in contact tracing 
        operations supported by such grant not later than 60 days after 
        receipt of such grant.
            (2) By the secretary.--Beginning not later than 90 days 
        after the date on which the first grant is awarded under this 
        section, the Secretary, in coordination with the Deputy 
        Assistant Secretary for Minority Health, the Director of the 
        Centers for Disease Control and Prevention, and the Director of 
        the Office of Minority Health and Health Equity at the Centers 
        for Disease Control and Prevention, shall make public the data 
        reported under paragraph (1).

SEC. 3. COVID-19 HEALTH DISPARITIES ACTION PLAN.

    (a) In General.--The Secretary, acting through the Director of the 
Office of Minority Health of the Department of Health and Human 
Services, shall develop an evidence-based action plan (referred to in 
this section as the ``action plan'') for addressing health disparities 
related to COVID-19 testing, infections, hospitalizations, ICU 
admissions, and deaths among racial and ethnic minority, rural, and 
other vulnerable populations.
    (b) Coordination.--In developing the action plan described in 
subsection (a), the Director of the Office of Minority Health shall 
coordinate with--
            (1) the Director of the Office of Minority Health and 
        Health Equity of the Centers for Disease Control and 
        Prevention;
            (2) the Director of the Office of Extramural Research, 
        Education, and Priority Populations of the Agency for 
        Healthcare Research and Quality;
            (3) the Director of the Office of Minority Health of the 
        Centers for Medicare & Medicaid Services;
            (4) the Director of the Office of Minority Health and 
        Health Equity of the Food and Drug Administration;
            (5) the Director of the Office of Health Equity of the 
        Health Resources and Services Administration;
            (6) the Director of the Office of Behavioral Health Equity 
        of the Substance Abuse and Mental Health Services 
        Administration;
            (7) the Director of the National Institute of Minority 
        Health and Health Disparities; and
            (8) the Director of the Indian Health Service.
    (c) Literature Review and Consultation.--In developing the action 
plan described in subsection (a), the Secretary shall--
            (1) review peer-reviewed literature to identify evidence-
        informed and evidence-based best practices for addressing 
        health disparities among racial and ethnic minority, rural, and 
        other vulnerable populations; and
            (2) consult with--
                    (A) community-based organizations with expertise in 
                addressing health disparities that affect racial and 
                ethnic minority, rural, and other vulnerable 
                populations; and
                    (B) State, local, Tribal, and territorial health 
                officials that serve areas with high concentrations of 
                racial and ethnic minority, rural, and other vulnerable 
                populations that have been disproportionately impacted 
                by the COVID-19 pandemic.
    (d) Requirements.--The action plan shall include--
            (1) a quantitative and qualitative analysis of the current 
        barriers to complete and accurate data collection on health 
        disparities related to COVID-19 testing, infections, 
        hospitalizations, ICU admissions, and deaths among racial and 
        ethnic minority, rural, and other vulnerable populations;
            (2) a description of the health disparities that have been 
        identified with current data related to COVID-19 testing, 
        infections, hospitalizations, ICU admissions, and deaths among 
        racial and ethnic minority, rural, and other vulnerable 
        populations, using existing metrics where possible;
            (3) a description of the actions that the Secretary will 
        take to address the barriers to complete and accurate data 
        collection on health disparities related to COVID-19 testing, 
        infections, hospitalizations, ICU admissions, and deaths among 
        racial and ethnic minority, rural, and other vulnerable 
        populations, including specific dates by when such actions will 
        be completed and the metrics that will be used to evaluate the 
        impact of such actions;
            (4) the actions that the Secretary will take to address the 
        health disparities that have been identified with current data 
        related to COVID-19 testing, infections, hospitalizations, ICU 
        admissions, and deaths among racial and ethnic minority, rural, 
        and other vulnerable populations, including specific dates by 
        when such actions will be taken and completed and the metrics 
        that will be used to evaluate the impact of such actions; and
            (5) a summary of any additional resources that the 
        Secretary requires in order to fully identify and address 
        health disparities related to COVID-19 testing, infections, 
        hospitalizations, ICU admissions, and deaths among racial and 
        ethnic minority, rural, and other vulnerable populations.
    (e) Submission of Action Plan and Reports on the Action Plan.--
            (1) Initial action plan.--Not later than 30 days after the 
        date of enactment of this Act, the Secretary shall submit the 
        action plan to the Committee on Health, Education, Labor, and 
        Pensions and the Committee on Finance of the Senate and the 
        Committee on Energy and Commerce and the Committee on Ways and 
        Means of the House of Representatives, and make such plan 
        publicly available on the internet website of the Department of 
        Health and Human Services.
            (2) Updates.--Not later than 30 days after the date of 
        publication of the initial action plan under paragraph (1), and 
        at least every 30 days thereafter until the date that is 6 
        months after the COVID-19 public health emergency has ended, 
        the Secretary shall submit updates to the action plan to 
        Congress. Each such update shall provide updates on the 
        Secretary's actions and the relevant evaluation metrics, and 
        shall include any actions that the Secretary has identified 
        since issuance of the initial action plan under paragraph (1) 
        and any previous updates under this paragraph, as necessary to 
        address health disparities related to COVID-19 testing, 
        infections, hospitalizations, ICU admissions, and deaths among 
        racial and ethnic minority, rural, and other vulnerable 
        populations. The Secretary shall make each update publicly 
        available on the internet website of the Department of Health 
        and Human Services.
            (3) Final report on action plans.--Not later than 1 year 
        after the end of the COVID-19 public health emergency, the 
        Secretary shall submit to Congress a final report analyzing the 
        health disparities related to COVID-19 testing, infections, 
        hospitalizations, ICU admissions, and deaths among racial and 
        ethnic minority, rural, and other vulnerable populations, 
        including an analysis of the social determinants of health and 
        the underlying causes of health disparities. The report shall 
        include--
                    (A) the Secretary's long-term plan for addressing 
                racial and ethnic health disparities, including an 
                assessment of any additional resources that may be 
                required for the Office of Minority Health of the 
                Department of Health and Human Services, or such 
                department in general, to sustain long-term initiatives 
                to address racial and ethnic health disparities; and
                    (B) recommendations for Congress to address the 
                underlying causes and prevent health disparities among 
                racial and ethnic minority, rural, and other vulnerable 
                populations during future public health emergencies.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for fiscal year 2020.

SEC. 4. FEDERAL PUBLIC AWARENESS CAMPAIGNS TO ADDRESS HEALTH 
              DISPARITIES.

    (a) In General.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention and in coordination with the 
Office of Minority Health and, as appropriate, in coordination with the 
relevant Offices of Minority Health in the Department of Health and 
Human Services, the National Institute of Minority Health and Health 
Disparities, and the Indian Health Service, shall develop and implement 
accessible, multilingual and culturally competent public awareness 
campaigns about COVID-19 directed at racial and ethnic minority, rural, 
and other vulnerable populations that have experienced health 
disparities during the COVID-19 public health emergency related to 
testing, infections, hospitalizations, ICU admissions, and deaths.
    (b) Requirements.--The public awareness campaigns under this 
section shall--
            (1) prioritize communities where the greatest health 
        disparities have been identified with respect to testing access 
        and rates of infections, hospitalizations, and deaths related 
        to COVID-19;
            (2)(A) provide information, based on scientific evidence, 
        about the benefits of being tested for COVID-19, the 
        availability of COVID-19 testing with no cost-sharing for most 
        United States residents, and the actions that individuals can 
        take to protect themselves from COVID-19, including masking and 
        social distancing; and
            (B) dispel misinformation about COVID-19 symptoms, testing, 
        or treatment; and
            (3) use print, radio, or internet media, or other forms of 
        public communication, including local, independent, or 
        community-based written news and electronic publications.
    (c) Coordination.--The public awareness campaigns under this 
section shall be complementary to, and coordinated with, any other 
Federal, State, and local efforts, including the action plan described 
in section 3, as appropriate.
    (d) Report to Congress.--Not later than 45 days after the date on 
which appropriated funds are made available to the Secretary under this 
section, the Secretary shall submit to Congress a report on how such 
funds have been used during such 45-day period and a plan for using any 
remaining funds within the next 45 days.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 
2020.

SEC. 5. GRANT PROGRAM FOR PUBLIC AWARENESS CAMPAIGNS TO ADDRESS HEALTH 
              DISPARITIES.

    (a) In General.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention and in coordination with the 
Office of Minority Health, and, as appropriate, in coordination with 
the relevant Offices of Minority Health in the Department of Health and 
Human Services, the National Institute of Minority Health and Health 
Disparities, and the Indian Health Service, shall award competitive 
grants to eligible entities to support such entities in developing and 
implementing accessible, multilingual, and culturally competent public 
awareness campaigns about COVID-19 directed at racial and ethnic 
minority, rural, and other vulnerable populations that have experienced 
health disparities during the COVID-19 public health emergency related 
to testing, infections, hospitalizations, ICU admissions, and deaths.
    (b) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a State, local, Tribal, or territorial 
health department, a nonprofit community-based organization, a Tribal 
organization, an urban Indian organization, or a health care provider, 
or a nonprofit faith-based organization.
    (c) Prioritization.--When awarding grants under this section, the 
Secretary shall prioritize entities serving communities where the 
greatest health disparities exist with respect to testing access, 
infections, hospitalizations, and deaths related to COVID-19, impacting 
racial and ethnic minority, rural, and other vulnerable populations.
    (d) Requirements.--An entity awarded a grant under this section 
shall conduct a public awareness campaign that--
            (1)(A) provides to the public information, based on 
        scientific evidence, about the benefits of being tested for 
        COVID-19, the availability of COVID-19 testing with no cost-
        sharing for most United States residents, and the actions that 
        individuals can take to protect themselves from COVID-19, 
        including masking and social distancing; and
            (B) dispels misinformation about COVID-19 symptoms, 
        testing, or treatment;
            (2) uses print, radio, or internet media, or other forms of 
        public communication; and
            (3) communicates in the language or languages necessary to 
        reach racial and ethnic minority, rural, and other vulnerable 
        populations in the applicable region that have experienced 
        health disparities during the COVID-19 public health emergency 
        related to testing, infections, hospitalizations, ICU 
        admissions, and deaths.
    (e) Coordination.--The public health campaigns supported by grants 
awarded under this section shall be complementary to, and coordinated 
with, any other Federal, State, or local efforts, including the action 
plan described in section 3, as appropriate.
    (f) Timing.--The Secretary shall award the grants under this 
section not later than 60 days after the date of enactment of this Act.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 
2020.

SEC. 6. VACCINE SAFETY PUBLIC AWARENESS CAMPAIGN.

    (a) In General.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention and in coordination with the 
Office of Minority Health, and, as appropriate, the relevant Offices of 
Minority Health in the Department of Health and Human Services, the 
National Institute of Minority Health and Health Disparities, and the 
Indian Health Service, shall establish grant funding opportunities for 
eligible entities to disseminate COVID-19 vaccination information.
    (b) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a State, local, Tribal, or territorial 
health department, an urban Indian organization, a nonprofit community-
based organization, or a nonprofit faith-based organization.
    (c) Use of Funds.--
            (1) In general.--Entities receiving a grant under this 
        section shall use such grant funds to--
                    (A) increase awareness to the benefit of receiving 
                a COVID-19 vaccine, and include information on where 
                the vaccine can be obtained; and
                    (B) create and disseminate culturally and 
                linguistically appropriate messaging.
            (2) Additional grant funds.--The Secretary shall have 
        discretion to award additional grant funding under this section 
        to broaden the grant recipient's vaccine public safety 
        awareness campaign to include routine immunizations and general 
        influenza vaccine messaging.
    (d) Prioritization.--In awarding grants under this section, the 
Secretary shall give priority to eligible entities in either urban or 
rural communities (or a combination of urban and rural communities) 
that serve vulnerable populations, including ethnic minority 
populations, which may include low-income, uninsured, and medically 
underserved individuals or populations with historically low rates of 
receiving vaccines.
    (e) Timing.--The Secretary shall awards the grants under this 
section not later than 60 days after the date on the earlier of the 
date on which the Food and Drug Administration licenses a COVID-19 
vaccine under section 351 of the Public Health Service Act (42 U.S.C. 
262) or the date on which a manufacturer begins to distribute a COVID-
19 vaccine to public or private entities pursuant to an emergency use 
authorization under section 564 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 360bbb-3).
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for fiscal year 2020.

SEC. 7. ADDENDUM TO TESTING PLANS TO ADDRESS DISPARITIES.

    (a) In General.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, shall report to the 
Committee on Appropriations and the Committee on Health, Education, 
Labor, and Pensions of the Senate, and the Committee on Appropriations 
and the Committee on Energy and Commerce of the House of 
Representatives, on State testing plans referred to under the heading 
``Public Health and Social Services Emergency Fund'' under the heading 
``Office of the Secretary'' under the heading ``Department of Health 
and Human Services'' of title I of division B of the Paycheck 
Protection Program and Health Care Enhancement Act (Public Law 116-
139).
    (b) Requirement To Develop Addendum.--
            (1) In general.--The Secretary shall solicit States, 
        territories, and Indian tribes to develop an addendum to 
        testing plans described in subsection (a), to specifically 
        address testing plans for racial and ethnic minority, rural, 
        and other vulnerable populations experiencing health 
        disparities related to COVID-19 testing, infections, 
        hospitalizations, ICU admissions, or deaths. The Secretary 
        shall model questions for the addendum based on the original 
        testing plans.
            (2) Funding.--To carry out this subsection, the Secretary 
        shall use amounts appropriated under the heading ``Public 
        Health and Social Services Emergency Fund'' under the heading 
        ``Office of the Secretary'' under the heading ``Department of 
        Health and Human Services'' of title I of division B of the 
        Paycheck Protection Program and Health Care Enhancement Act 
        (Public Law 116-139).

SEC. 8. DEFINITIONS.

    In this Act--
            (1) the term ``COVID-19 public health emergency'' means the 
        public health emergency first declared by the Secretary of 
        Health and Human Services under section 319 of the Public 
        Health Service Act (42 U.S.C. 247d) on January 31, 2020, with 
        respect to COVID-19;
            (2) the term ``ICU'' means intensive care unit;
            (3) the terms ``racial and ethnic minority group'' and 
        ``racial and ethnic minority'' have the meaning given the term 
        ``racial and ethnic minority group'' in section 1707(g) of the 
        Public Health Service Act (42 U.S.C. 300u-6(g));
            (4) the term ``relevant Offices of Minority Health in the 
        Department of Health and Human Services'' may include--
                    (A) the Office of Extramural Research, Education, 
                and Priority Populations of the Agency for Healthcare 
                Research and Quality;
                    (B) the Office of Minority Health and Health Equity 
                of the Centers for Disease Control and Prevention;
                    (C) the Office of Minority Health of the Centers 
                for Medicare & Medicaid Services;
                    (D) the Office of Minority Health and Health Equity 
                of the Food and Drug Administration;
                    (E) the Office of Health Equity of the Health 
                Resources and Services Administration; and
                    (F) the Office of Behavioral Health Equity of the 
                Substance Abuse and Mental Health Services 
                Administration;
            (5) the term ``Secretary'', unless indicated otherwise, 
        means the Secretary of Health and Human Services;
            (6) the terms ``Indian Tribe'' and ``Tribal organization'' 
        have the meanings given the terms ``Indian tribe'' and ``tribal 
        organization'' in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 5304); and
            (7) the term ``urban Indian organization'' has the meaning 
        given the term in section 4 of the Indian Health Care 
        Improvement Act (25 U.S.C. 1603).
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