Sec. 201 Sooner coverage of testing for COVID–19
Section 6001(a) of division F of the Families First Coronavirus Response Act (42 U.S.C. 1320b–5 note) is amended by striking “beginning on or after” and inserting “beginning before, on, or after”.
Title II — Equitable Testing and Tracing
II Equitable Testing and Tracing
A Free Testing for Patients
B National Testing Strategy
Sec. 211 COVID–19 testing strategy
Strategy— Not later than June 15, 2020, the Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall update the COVID–19 strategic testing plan under the heading “Department of Health and Human Services—Office of the Secretary—Public Health and Social Service Emergency Fund” in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139, 134 Stat. 620, 626–627) and submit to the appropriate congressional committees such updated national plan identifying—
what level of, types of, and approaches to testing (including predicted numbers of tests, populations to be tested, and frequency of testing and the appropriate setting whether a health care setting (such as hospital-based, high-complexity laboratory, point-of-care, mobile testing units, pharmacies or community health centers) or non-health care setting (such as workplaces, schools, or child care centers)) are necessary—
to sufficiently monitor and contribute to the control of the transmission of SARS–CoV–2 in the United States;
to ensure that any reduction in social distancing efforts, when determined appropriate by public health officials, can be undertaken in a manner that optimizes the health and safety of the people of the United States, and reduces disparities (including disparities related to race, ethnicity, sex, age, disability status, socioeconomic status, primary written and spoken language, occupation, and geographic location) in the prevalence of, incidence of, and health outcomes with respect to, COVID–19; and
to provide for ongoing surveillance sufficient to support contact tracing, case identification, quarantine, and isolation to prevent future outbreaks of COVID–19;
specific plans and benchmarks, each with clear timelines, to ensure—
such level of, types of, and approaches to testing as are described in paragraph (1), with respect to optimizing health and safety;
sufficient availability of all necessary testing materials and supplies, including extraction and testing kits, reagents, transport media, swabs, instruments, analysis equipment, personal protective equipment if necessary for testing (including point-of-care testing), and other equipment;
allocation of testing materials and supplies in a manner that optimizes public health, including by considering the variable impact of SARS–CoV–2 on specific States, territories, Indian Tribes, Tribal organizations, urban Indian organizations, communities, industries, and professions;
sufficient evidence of validation for tests that are deployed as a part of such strategy;
sufficient laboratory and analytical capacity, including target turnaround time for test results;
sufficient personnel, including personnel to collect testing samples, conduct and analyze results, and conduct testing follow-up, including contact tracing, as appropriate; and
enforcement of the Families First Coronavirus Response Act (Public Law 116–127) to ensure patients who are tested are not subject to cost sharing;
specific plans to ensure adequate testing in rural areas, frontier areas, health professional shortage areas, and medically underserved areas (as defined in section 330I(a) of the Public Health Service Act (42 U.S.C. 254c–14(a))), and for underserved populations, Native Americans (including Indian Tribes, Tribal organizations, and urban Indian organizations), and populations at increased risk related to COVID–19;
specific plans to ensure accessibility of testing to people with disabilities, older individuals, individuals with limited English proficiency, and individuals with underlying health conditions or weakened immune systems; and
specific plans for broadly developing and implementing testing for potential immunity in the United States, as appropriate, in a manner sufficient—
to monitor and contribute to the control of SARS–CoV–2 in the United States;
to ensure that any reduction in social distancing efforts, when determined appropriate by public health officials, can be undertaken in a manner that optimizes the health and safety of the people of the United States; and
to reduce disparities (including disparities related to race, ethnicity, sex, age, disability status, socioeconomic status, primary written and spoken language, occupation, and geographic location) in the prevalence of, incidence of, and health outcomes with respect to, COVID–19.
Coordination— The Secretary shall carry out this section—
in coordination with the Administrator of the Federal Emergency Management Agency;
in collaboration with other agencies and departments, as appropriate; and
taking into consideration the State plans for COVID–19 testing prepared as required under the heading “Department of Health and Human Services—Office of the Secretary—Public Health and Social Service Emergency Fund” in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139; 134 Stat. 620, 624).
Updates—
Frequency— The updated national plan under subsection (a) shall be updated every 30 days until the end of the public health emergency first declared by the Secretary under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–19.
Relation to other law— Paragraph (1) applies in lieu of the requirement (for updates every 90 days until funds are expended) in the second to last proviso under the heading “Department of Health and Human Services—Office of the Secretary—Public Health and Social Service Emergency Fund” in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139; 134 Stat. 620, 627).
Appropriate congressional committees— In this section, the term appropriate congressional committees means—
the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives; and
the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate.
Sec. 212 Coronavirus immigrant families protection
Definitions— In this section:
Coronavirus public health emergency— The term “coronavirus public health emergency” means—
an emergency involving Federal primary responsibility determined to exist by the President under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to COVID–19 or any other coronavirus with pandemic potential;
an emergency declared by a Federal official with respect to coronavirus (as defined in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123));
a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID–19 or any other coronavirus with pandemic potential; and
a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247(d)) with respect to COVID–19 or any other coronavirus with pandemic potential.
Coronavirus response law— The term “coronavirus response law” means—
the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123);
the Families First Coronavirus Response Act (Public Law 116–127);
the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136); and
any subsequent law enacted as a response to a coronavirus public health emergency.
COVID–19— The term “COVID–19” means the Coronavirus Disease 2019.
Enforcement action— The term “enforcement action” means an apprehension, an arrest, a search, an interview, a request for identification, or surveillance for the purposes of immigration enforcement.
Sensitive location— The term “sensitive location” means all physical space located within 1,000 feet of—
a medical treatment or health care facility, including a hospital, an office of a health care practitioner, an accredited health clinic, an alcohol or drug treatment center, an emergent or urgent care facility, and a community health center;
a location at which emergency service providers distribute food or provide shelter;
an organization that provides—
disaster or emergency social services and assistance;
services for individuals experiencing homelessness, including food banks and shelters; or
assistance for children, pregnant women, victims of crime or abuse, or individuals with significant mental or physical disabilities;
a public assistance office, including any Federal, State, or municipal location at which individuals may apply for or receive unemployment compensation or report violations of labor and employment laws;
a Federal, State, or local courthouse, including the office of the legal counsel or representative of an individual;
a domestic violence shelter, rape crisis center, supervised visitation center, family justice center, or victim services provider;
an office of the Social Security Administration;
a childcare facility or a school, including a preschool, primary school, secondary school, post-secondary school up to and including a college or university, and any other institution of learning such as a vocational or trade school;
a church, synagogue, mosque or any other institution of worship, such as a building rented for the purpose of a religious service;
the site of a funeral, wedding, or any other public religious ceremony;
in the case of a jurisdiction in which a shelter-in-place order is in effect during a coronavirus public health emergency, any business location considered to provide an essential service, such as a pharmacy or a grocery store; and
any other location specified by the Secretary of Homeland Security.
Suspension of adverse immigration actions that deter immigrant communities from seeking health services in a public health emergency—
In general— Beginning on the date on which a coronavirus public health emergency is declared and ending on the date that is 60 days after the date on which the coronavirus public health emergency expires—
the Secretary of Homeland Security, the Secretary of State, and the Attorney General shall not—
implement the final rule of the Department of Homeland Security entitled “Inadmissibility on Public Charge Grounds” (84 Fed. Reg. 41292 (August 14, 2019));
implement the interim final rule of the Department of State entitled “Visas: Ineligibility Based on Public Charge Grounds” (84 Fed. Reg. 54996 (October 11, 2019));
implement the proposed rule of the Department of Justice entitled “Inadmissibility on Public Charge Grounds” published in the Fall 2018 Uniform Regulatory Agenda;
conduct any enforcement action against an individual at, or in transit to or from, a sensitive location unless the enforcement action is conducted pursuant to a valid judicial warrant;
detain or remove—
a survivor of domestic violence, sexual assault, or human trafficking, or any other individual, who has a pending application under section 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T), 1101(a)(15)(U), 1105a, 1229b(b)(2)) or section 244(a)(3) of that Act (as in effect on March 31, 1997); or
a VAWA self-petitioner described in section 101(a)(51) of that Act (8 U.S.C. 1101(a)(51)) who has a pending application for relief under—
a provision referred to in any of subparagraphs (A) through (G) of that section; or
section 101(a)(27)(J) of that Act (8 U.S.C. 1101(a)(27)(J)); and
require an individual subject to supervision by U.S. Immigration and Customs Enforcement to report in person.
The Attorney General shall conduct fully telephonic bond hearings and allow supporting documents to be faxed and emailed to the appropriate clerk.
The Secretary of Homeland Security, to the extent practicable, shall stipulate to bond determinations on written motions.
Use of benefits funded by coronavirus response law— The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall not consider in any determination affecting the current or future immigration status of any individual the use of any benefit of any program or activity funded in whole or in part by amounts made available under a coronavirus response law.
Access to COVID–19 testing and treatment for all communities—
Clarification regarding emergency services for certain individuals— Section 1903(v)(2) of the Social Security Act (42 U.S.C. 1396b(v)(2)) is amended by adding at the end the following flush sentence:
Emergency medicaid for individuals with suspected COVID–19 infections— Section 1903(v)(3) of the Social Security Act (42 U.S.C. 1396b(v)(3)) is amended by striking “means a” and inserting “means any concern that the individual may have contracted COVID–19 or another.”.
Treatment of assistance and services provided— For any period during which a coronavirus public health emergency is in effect—
the value of assistance or services provided to any person under a program with respect to which a coronavirus response law establishes or expands eligibility or benefits shall not be considered income or resources; and
any medical coverage or services shall be considered treatment for an emergency medical condition (as defined in section 1903(v)(3) of the Social Security Act (42 U.S.C. 1396b(v)(3))) for any purpose under any Federal, State, or local law, including law relating to taxation, welfare, and public assistance programs;
a participating State or political subdivision of a State shall not decrease any assistance otherwise provided to an individual because of the receipt of benefits under the Social Security Act (42 U.S.C. 301 et seq.); and
assistance and services described in this subparagraph shall be considered noncash disaster assistance, notwithstanding the form in which the assistance and services are provided, except that cash received by an individual or a household may be treated as income by any public benefit program under the rules applicable before the date of the enactment of this Act.
Nondiscrimination— No person shall be, on the basis of actual or perceived immigration status, excluded from participation in, denied the benefits of, or subject to discrimination under, any program or activity funded in whole or in part by amounts made available under a coronavirus response law.
Language access and public outreach for public health—
Grants and cooperative agreements—
In general— The Director of the Centers for Disease Control and Prevention (referred to in this subsection as the “Director”) shall provide grants to, or enter into cooperative agreements with, community-based organizations for the purpose of supporting culturally and linguistically appropriate preparedness, response, and recovery activities, such as the development of educational programs and materials to promote screening, testing, treatment, and public health practices.
Definition of community-based organization— In this paragraph, the term “community-based organization” means an entity that has established relationships with hard-to-reach populations, including racial and ethnic minorities, individuals with limited English proficiency, and individuals with disabilities.
Translation—
In general— The Director shall provide for the translation of materials on awareness, screening, testing, and treatment for COVID–19 into the languages described in the language access plan of the Federal Emergency Management Agency dated October 1, 2016, as the languages most frequently encountered.
Public availability— Not later than 7 days after the date on which the materials described in subparagraph (A) are made available to the public in English, the Director shall ensure that the translations required by that subparagraph are made available to the public.
Hotline— The Director shall establish an informational hotline line that provides, in the languages referred to in paragraph (2)(A), information to the public directly on COVID–19.
Interagency coordination— With respect to individuals with limited English proficiency, the Director shall facilitate interagency coordination among agencies activated through the National Response Framework based on the language access standards established under the language access plans of the Federal Emergency Management Agency and the Department of Health and Human Services.
Authorization of appropriations—
In general— There is authorized to be appropriated to carry out this subsection $100,000,000 for fiscal year 2020, to be available until expended.
Grants and cooperative agreements— Of the amount authorized to be appropriated under subparagraph (A), not less than $50,000,000 shall be made available to carry out paragraph (1).
Access To support measures for vulnerable communities—
Disaster supplemental nutrition assistance program benefits— The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended—
in section 102(1) (42 U.S.C. 5122(1)), by inserting “or pandemic” after “catastrophe”;
in section 301 (42 U.S.C. 5141), by inserting “or an emergency due to a pandemic” after “major disaster” each place the term appears;
in section 412 (42 U.S.C. 5179)—
by inserting “or an emergency due to a pandemic” after “major disaster” each place the term appears;
in subsection (a), by inserting “without regard to regular allotments” before “and to make surplus”; and
by adding at the end the following:
“(d) Assistance during a pandemic—In the case of an emergency due to a pandemic, for purposes of providing benefits under this section, the Secretary of Agriculture shall remove or delay the requirement of an in-person interview, and if an interview occurs, provide an alternative to the in-person interview requirement for all applicants. Assistance shall be provided based on need and not lost provisions.
“(e) Authorization of appropriations—There are authorized to be appropriated such sums as are necessary to carry out this section, only if such sums are designated by 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 (2 U.S.C. 901(b)(2)(A)(i)).”
in section 502(a) (42 U.S.C. 5192(a))—
in paragraph (7), by striking “and” at the end;
in paragraph (8)(B), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(9) provide assistance in accordance with section 412.”
Access to benefits using individual taxpayer identification number— Subsection (g)(2)(A) of section 6428 of the Internal Revenue Code of 1986, as added by section 2201 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), is amended by inserting before the period at the end “or a taxpayer identification number”.
Extension of immigration status and employment authorization—
In general— Notwithstanding any other provision of law, including the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security shall automatically extend the immigration status and employment authorization, as applicable, of an alien described in subparagraph (B) for the same period for which the status and employment authorization was initially granted.
Alien described— An alien described in this subparagraph is an alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) whose immigration status, including permanent, temporary, and deferred status, or whose employment authorization—
expired during the 30-day period preceding the date of the enactment of this Act; or
will expire not later than—
one year after such date of enactment; or
90 days after the date on which the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) is rescinded.
Language access— Any agency receiving funding under a coronavirus response law shall ensure that all programs and opportunities made available to the general public provide translated materials describing the programs and opportunities into the languages described in the language access plan of the Federal Emergency Management Agency dated October 1, 2016, as the languages most frequently encountered.
Sec. 213 ICE detention
Reviewing ICE detention— During the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID–19, the Secretary of Homeland Security shall review the immigration files of all individuals in the custody of U.S. Immigration and Customs Enforcement to assess the need for continued detention. The Secretary of Homeland Security shall prioritize for release on recognizance or alternatives to detention individuals who are not subject to mandatory detention laws, unless the individual is a threat to public safety or national security.
Access to electronic communications and hygiene products— During the period described in subsection (c), the Secretary of Homeland Security shall ensure that—
all individuals in the custody of U.S. Immigration and Customs Enforcement—
have access to telephonic or video communication at no cost to the detained individual;
have access to free, unmonitored telephone calls, at any time, to contact attorneys or legal service providers in a sufficiently private space to protect confidentiality;
are permitted to receive legal correspondence by fax or email rather than postal mail; and
are provided sufficient soap, hand sanitizer, and other hygiene products; and
nonprofit organizations providing legal orientation programming or know-your-rights programming to individuals in the custody of U.S. Immigration and Customs Enforcement are permitted broad and flexible access to such individuals—
to provide group presentations using remote videoconferencing; and
to schedule and provide individual orientations using free telephone calls or remote videoconferencing.
Period described— The period described in this subsection—
begins on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID–19; and
ends 90 days after the date on which such public health emergency terminates.
C Contact Tracing
Sec. 221 COVID–19 Testing, reaching, and contacting everyone
In general— The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, may award grants to eligible entities to conduct diagnostic testing for COVID–19, to trace and monitor the contacts of infected individuals, and to support the quarantine of such contacts, through—
mobile health units; and
as necessary, testing individuals and providing individuals with services related to testing and quarantine at their residences.
Permissible uses of funds— A grant recipient under this section may use the grant funds, in support of the activities described in subsection (a)—
to hire, train, compensate, and pay the expenses of individuals; and
to purchase personal protective equipment and other supplies.
Priority— In selecting grant recipients under this section, the Secretary shall give priority to—
applicants proposing to conduct activities funded under this section in hot spots and medically underserved communities; and
applicants that agree, in hiring individuals to carry out activities funded under this section, to hire residents of the area or community where the activities will primarily occur, with higher priority among applicants described in this paragraph given based on the percentage of individuals to be hired from such area or community.
Distribution— In selecting grant recipients under this section, the Secretary shall ensure that grants are distributed across urban and rural areas.
Federal privacy requirements— Nothing in this section shall be construed to supersede any Federal privacy or confidentiality requirement, including the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 2033) and section 543 of the Public Health Service Act (42 U.S.C. 290dd–2).
Definitions— In this section:
The term eligible entity means—
a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)));
a school-based health clinic;
a disproportionate share hospital (as defined under the applicable State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) pursuant to section 1923(a)(1)(A) of such Act (42 U.S.C. 1396r–4));
an academic medical center;
a nonprofit organization (including any such faith-based organization);
an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001));
a high school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));
any Tribal organization including the Indian Health Service and Native American servicing facilities; or
any other type of entity that is determined by the Secretary to be an eligible entity for purposes of this section.
The term emergency period has the meaning given to that term in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)).
The term hot spot means a geographic area where the rate of infection with the virus that causes COVID–19 exceeds the national average.
The term medically underserved community has the meaning given to that term in section 799B of the Public Health Service Act (42 U.S.C. 295p).
The term Secretary means the Secretary of Health and Human Services.
Authorization of appropriations— To carry out this section, there are authorized to be appropriated—
$100,000,000,000 for fiscal year 2020; and
such sums as may be necessary for each of fiscal year 2021 and any subsequent fiscal year during which the emergency period continues.
Sec. 222 National system for COVID–19 testing, contact tracing, surveillance, containment, and mitigation
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 State, local, Tribal, and territorial health departments, shall establish and implement a nationwide evidence-based system for—
testing, contact tracing, surveillance, containment, and mitigation with respect to COVID–19;
offering guidance on voluntary isolation and quarantine of individuals infected with, or exposed to individuals infected with, the virus that causes COVID–19; and
public reporting on testing, contact tracing, surveillance, and voluntary isolation and quarantine activities with respect to COVID–19.
Coordination; technical assistance— In carrying out the national system under this section, the Secretary shall—
coordinate State, local, Tribal, and territorial activities related to testing, contact tracing, surveillance, containment, and mitigation with respect to COVID–19, as appropriate; and
provide technical assistance for such activities, as appropriate.
Consideration— In establishing and implementing the national system under this section, the Secretary shall take into consideration—
the State plans referred to in the heading “Public Health and Social Services Emergency Fund” in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139); and
the testing strategy submitted under section 211.
Reporting— The Secretary shall—
not later than December 31, 2020, submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions a preliminary report on the effectiveness of the activities carried out pursuant to this subtitle; and
not later than December 21, 2021, submit to such committees a final report on such effectiveness.
Sec. 223 Grants
In general— To implement the national system under section 222, 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, shall, subject to the availability of appropriations, award grants to State, local, Tribal, and territorial health departments that seek grants under this section to carry out coordinated testing, contact tracing, surveillance, containment, and mitigation with respect to COVID–19, including—
diagnostic and surveillance testing and reporting;
community-based contact tracing efforts; and
policies related to voluntary isolation and quarantine of individuals infected with, or exposed to individuals infected with, the virus that causes COVID–19.
Flexibility— The Secretary shall ensure that—
the grants under subsection (a) provide flexibility for State, local, Tribal, and territorial health departments to modify, establish, or maintain evidence-based systems; and
local health departments receive funding from State health departments or directly from the Centers for Disease Control and Prevention to contribute to such systems, as appropriate.
Allocations—
Formula— The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall allocate amounts made available pursuant to subsection (a) in accordance with a formula to be established by the Secretary that provides a minimum level of funding to each State, local, Tribal, and territorial health department that seeks a grant under this section and allocates additional funding based on the following prioritization:
The Secretary shall give highest priority to applicants proposing to serve populations in one or more geographic regions with a high burden of COVID–19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary.
The Secretary shall give second highest priority to applicants preparing for, or currently working to mitigate, a COVID–19 surge in a geographic region that does not yet have a high number of reported cases of COVID–19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary.
The Secretary shall give third highest priority to applicants proposing to serve high numbers of low-income and uninsured populations, including medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3))), health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))), racial and ethnic minorities, or geographically diverse areas, as determined by the Secretary.
Notification— Not later than the date that is one week before first awarding grants under this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a notification detailing the formula established under paragraph (1) for allocating amounts made available pursuant to subsection (a).
Use of funds— A State, local, Tribal, and territorial health department receiving a grant under this section shall, to the extent possible, use the grant funds for the following activities, or other activities deemed appropriate by the Director of the Centers for Disease Control and Prevention:
Testing— To implement a coordinated testing system that—
leverages or modernizes existing testing infrastructure and capacity;
is consistent with the updated testing strategy required under section 211;
is coordinated with the State plan for COVID–19 testing prepared as required under the heading “Department of Health and Human Services—Office of the Secretary—Public Health and Social Service Emergency Fund” in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139; 134 Stat. 620, 624);
is informed by contact tracing and surveillance activities under this subtitle;
is informed by guidelines established by the Centers for Disease Control and Prevention for which populations should be tested;
identifies how diagnostic and serological tests in such system shall be validated prior to use;
identifies how diagnostic and serological tests and testing supplies will be distributed to implement such system;
identifies specific strategies for ensuring testing capabilities and accessibility in medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3))), health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))), racial and ethnic minority populations, and geographically diverse areas, as determined by the Secretary;
identifies how testing may be used, and results may be reported, in both health care settings (such as hospitals, laboratories for moderate or high-complexity testing, pharmacies, mobile testing units, and community health centers) and non-health care settings (such as workplaces, schools, childcare centers, or drive-throughs);
allows for testing in sentinel surveillance programs, as appropriate; and
supports the procurement and distribution of diagnostic and serological tests and testing supplies to meet the goals of the system.
Contact tracing— To implement a coordinated contact tracing system that—
leverages or modernizes existing contact tracing systems and capabilities, including community health workers, health departments, and Federally qualified health centers;
is able to investigate cases of COVID–19, and help to identify other potential cases of COVID–19, through tracing contacts of individuals with positive diagnoses;
establishes culturally competent and multilingual strategies for contact tracing, which may include consultation with and support for cultural or civic organizations with established ties to the community;
provides individuals identified under the contact tracing program with information and support for containment or mitigation;
enables State, local, Tribal, and territorial health departments to work with a nongovernmental, community partner or partners and State and local workforce development systems (as defined in section 3(67) of Workforce Innovation and Opportunity Act (29 U.S.C. 3102(67))) receiving grants under section 224(b) of this Act to hire and compensate a locally sourced contact tracing workforce, if necessary, to supplement the public health workforce, to—
identify the number of contact tracers needed for the respective State, locality, territorial, or Tribal health department to identify all cases of COVID–19 currently in the jurisdiction and those anticipated to emerge over the next 18 months in such jurisdiction;
outline qualifications necessary for contact tracers;
train the existing and newly hired public health workforce on best practices related to tracing close contacts of individuals diagnosed with COVID–19, including the protection of individual privacy and cybersecurity protection; and
equip the public health workforce with tools and resources to enable a rapid response to new cases;
identifies the level of contact tracing needed within the State, locality, territory, or Tribal area to contain and mitigate the transmission of COVID–19;
establishes statewide mechanisms to integrate regular evaluation to the Centers for Disease Control and Prevention regarding contact tracing efforts, makes such evaluation publicly available, and to the extent possible provides for such evaluation at the county level; and
identifies specific strategies for ensuring contact tracing activities in medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3))), health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))), racial and ethnic minority populations, and geographically diverse areas, as determined by the Secretary.
Surveillance— To strengthen the existing public health surveillance system that—
leverages or modernizes existing surveillance systems within the respective State, local, Tribal, or territorial health department and national surveillance systems;
detects and identifies trends in COVID–19 at the county level;
evaluates State, local, Tribal, and territorial health departments in achieving surveillance capabilities with respect to COVID–19;
integrates and improves disease surveillance and immunization tracking; and
identifies specific strategies for ensuring disease surveillance in medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3))), health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))), racial and ethnic minority populations, and geographically diverse areas, as determined by the Secretary.
Containment and mitigation— To implement a coordinated containment and mitigation system that—
leverages or modernizes existing containment and mitigation strategies within the respective State, local, Tribal, or territorial governments and national containment and mitigation strategies;
may provide for, connect to, and leverage existing social services and support for individuals who have been infected with or exposed to COVID–19 and who are isolated or quarantined in their homes, such as through—
food assistance programs;
guidance for household infection control;
information and assistance with childcare services; and
information and assistance pertaining to support available under the CARES Act (Public Law 116–136) and this Act;
provides guidance on the establishment of safe, high-quality, facilities for the voluntary isolation of individuals infected with, or quarantine of the contacts of individuals exposed to COVID–19, where hospitalization is not required, which facilities should—
be prohibited from making inquiries relating to the citizenship status of an individual isolated or quarantined; and
be operated by a non-Federal, community partner or partners that—
have previously established relationships in localities;
work with local places of worship, community centers, medical facilities, and schools to recruit local staff for such facilities; and
are fully integrated into State, local, Tribal, or territorial containment and mitigation efforts; and
identifies specific strategies for ensuring containment and mitigation activities in medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3))), health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))), racial and ethnic minority populations, and geographically diverse areas, as determined by the Secretary.
Reporting— The Secretary shall facilitate mechanisms for timely, standardized reporting by grantees under this section regarding implementation of the systems established under this section and coordinated processes with the reporting as required and under the heading “Department of Health and Human Services—Office of the Secretary—Public Health and Social Service Emergency Fund” in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139, 134 Stat. 620), including—
a summary of county or local health department level information from the States receiving funding, and information from directly funded localities, territories, and Tribal entities, about the activities that will be undertaken using funding awarded under this section, including subgrants;
any anticipated shortages of required materials for testing for COVID–19 under subsection (a); and
other barriers in the prevention, mitigation, or treatment of COVID–19 under this section.
Public listing of awards— The Secretary shall—
not later than 7 days after first awarding grants under this section, post in a searchable, electronic format a list of all awards made by the Secretary under this section, including the recipients and amounts of such awards; and
update such list not less than every 7 days until all funds made available to carry out this section are expended.
Sec. 224 Grants to State and Tribal workforce agencies
Definitions— In this section:
In general— Except as otherwise provided, the terms in this section have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Apprenticeship; apprenticeship program— The term apprenticeship or apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”) (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019.
Contact tracing and related positions— The term contact tracing and related positions means employment related to contact tracing, surveillance, containment, and mitigation activities as described in paragraphs (2), (3), and (4) of section 223(d).
Eligible entity— The term eligible entity means—
a State or territory, including the District of Columbia and Puerto Rico;
an Indian Tribe, Tribal organization, Alaska Native entity, Indian-controlled organizations serving Indians, or Native Hawaiian organizations;
an outlying area; or
a local board, if an eligible entity under subparagraphs (A) through (C) has not applied with respect to the area over which the local board has jurisdiction as of the date on which the local board submits an application under subsection (c).
Eligible individual— Notwithstanding section 170(b)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(b)(2)), the term eligible individual means an individual seeking or securing employment in contact tracing and related positions and served by an eligible entity or community-based organization receiving funding under this section.
Secretary— The term Secretary means the Secretary of Labor.
Grants—
In general— Subject to the availability of appropriations under subsection (g), the Secretary shall award national dislocated worker grants under section 170(b)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(b)(1)(B)) to each eligible entity that seeks a grant to assist local boards and community-based organizations in carrying out activities under subsections (f) and (d), respectively, for the following purposes:
To support the recruitment, placement, and training, as applicable, of eligible individuals seeking employment in contact tracing and related positions in accordance with the national system for COVID–19 testing, contact tracing, surveillance, containment, and mitigation established under section 222.
To assist with the employment transition to new employment or education and training of individuals employed under this section in preparation for and upon termination of such employment.
Timeline— The Secretary of Labor shall—
issue application requirements under subsection (c) not later than 10 days after the date of enactment of this section; and
award grants to an eligible entity under paragraph (1) not later than 10 days after the date on which the Secretary receives an application from such entity.
Grant application— An eligible entity applying for a grant under this section shall submit an application to the Secretary, at such time and in such form and manner as the Secretary may reasonably require, which shall include a description of—
how the eligible entity will support the recruitment, placement, and training, as applicable, of eligible individuals seeking employment in contact tracing and related positions by partnering with—
a State, local, Tribal, or territorial health department; or
one or more nonprofit or community-based organizations partnering with such health departments;
how the activities described in paragraph (1) will support State efforts to address the demand for contact tracing and related positions with respect to—
the State plans referred to in the heading “Public Health and Social Services Emergency Fund” in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139);
the testing strategy submitted under section 211; and
the number of eligible individuals that the State plans to recruit and train under the plans and strategies described in subparagraphs (A) and (B);
the specific strategies for recruiting and placement of eligible individuals from or residing within the communities in which they will work, including—
plans for the recruitment of eligible individuals to serve as contact tracers and related positions, including dislocated workers, individuals with barriers to employment, veterans, new entrants in the workforce, or underemployed or furloughed workers, who are from or reside in or near the local area in which they will serve, and who, to the extent practicable—
have experience or a background in industry-sectors and occupations such as public health, social services, customer service, case management, or occupations that require related qualifications, skills, or competencies, such as strong interpersonal and communication skills, needed for contact tracing and related positions, as described in section 223(d)(2)(E)(ii); or
seek to transition to public health and public health related occupations upon the conclusion of employment in contact tracing and related positions; and
how such strategies will take into account the diversity of such community, including racial, ethnic, socioeconomic, linguistic, or geographic diversity;
the amount, timing, and mechanisms for distribution of funds provided to local boards or through subgrants as described in subsection (d);
for eligible entities described in subparagraphs (A) through (C) of subsection (a)(4), a description of how the eligible entity will ensure the equitable distribution of funds with respect to—
geography (such as urban and rural distribution);
medically underserved populations (as defined in section 33(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)));
health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))); and
the racial and ethnic diversity of the area; and
for eligible entities who are local boards, a description of how a grant to such eligible entity would serve the equitable distribution of funds as described in paragraph (5).
Subgrant authorization and application process—
In general— An eligible entity may award a subgrant to one or more community-based organizations for the purposes of partnering with a State or local board to conduct outreach and education activities to inform potentially eligible individuals about employment opportunities in contact tracing and related positions.
Application— A community-based organization shall submit an application at such time and in such manner as the eligible entity may reasonably require, including—
a demonstration of the community-based organization’s established expertise and effectiveness in community outreach in the local area that such organization plans to serve;
a demonstration of the community-based organization’s expertise in providing employment or public health information to the local areas in which such organization plans to serve; and
a description of the expertise of the community-based organization in utilizing culturally competent and multilingual strategies in the provision of services.
Grant distribution—
Federal distribution—
Use of funds— The Secretary of Labor shall use the funds appropriated to carry out this section as follows:
Subject to clause (ii), the Secretary shall distribute funds among eligible entities in accordance with a formula to be established by the Secretary that provides a minimum level of funding to each eligible entity that seeks a grant under this section and allocates additional funding as follows:
The formula shall give first priority based on the number and proportion of contact tracing and related positions that the State plans to recruit, place, and train individuals as a part of the State strategy described in subsection (c)(2)(A).
Subject to subclause (I), the formula shall give priority in accordance with section 223(c).
Not more than 2 percent of the funding for administration of the grants and for providing technical assistance to recipients of funds under this section.
Equitable distribution— If the geographic region served by one or more eligible entities overlaps, the Secretary shall distribute funds among such entities in such a manner that ensures equitable distribution with respect to the factors under subsection (c)(5).
Eligible entity use of funds— An eligible entity described in subparagraphs (A) through (C) of subsection (a)(4)—
shall, not later than 30 days after the date on which the entity receives grant funds under this section, provide not less than 70 percent of grant funds to local boards for the purpose of carrying out activities in subsection (f);
may use up to 20 percent of such funds to make subgrants to community-based organizations in the service area to conduct outreach, to potential eligible individuals, as described in subsection (d);
in providing funds to local boards and awarding subgrants under this subsection shall ensure the equitable distribution with respect to the factors described in subsection (c)(5); and
may use not more than 10 percent of the funds awarded under this section for the administrative costs of carrying out the grant and for providing technical assistance to local boards and community-based organizations.
Local board use of funds— A local board, or an eligible entity that is a local board, shall use—
not less than 60 percent of the funds for recruitment and training for COVID–19 testing, contact tracing, surveillance, containment, and mitigation established under section 222;
not less than 30 percent of the funds to support the transition of individuals hired as contact tracers and related positions into an education or training program, or unsubsidized employment upon completion of such positions; and
not more than 10 percent of the funds for administrative costs.
Eligible activities— The State or local boards shall use funds awarded under this section to support the recruitment and placement of eligible individuals, training and employment transition as related to contact tracing and related positions, and for the following activities:
Establishing or expanding partnerships with—
State, local, Tribal, and territorial public health departments;
community-based health providers, including community health centers and rural health clinics;
labor organizations or joint labor management organizations;
two-year and four-year institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including institutions eligible to receive funds under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and
community action agencies or other community-based organizations serving local areas in which there is a demand for contact tracing and related positions.
Providing training for contact tracing and related positions in coordination with State, local, Tribal, or territorial health departments that is consistent with the State or territorial testing and contact tracing strategy, and ensuring that eligible individuals receive compensation while participating in such training.
Providing eligible individuals with—
adequate and safe equipment, environments, and facilities for training and supervision, as applicable;
information regarding the wages and benefits related to contact tracing and related positions, as compared to State, local, and national averages;
supplies and equipment needed by the eligible individuals to support placement of an individual in contact tracing and related positions, as applicable;
an individualized employment plan for each eligible individual, as applicable—
in coordination with the entity employing the eligible individual in a contact tracing and related positions; and
which shall include providing a case manager to work with each eligible individual to develop the plan, which may include—
identifying employment and career goals, and setting appropriate achievement objectives to attain such goals; and
exploring career pathways that lead to in-demand industries and sectors, including in public health and related occupations; and
services for the period during which the eligible individual is employed in a contact tracing and related position to ensure job retention, which may include—
supportive services throughout the term of employment;
a continuation of skills training as related to employment in contact tracing and related positions, that is conducted in collaboration with the employers of such individuals;
mentorship services and job retention support for eligible individuals; or
targeted training for managers and workers working with eligible individuals (such as mentors), and human resource representatives.
Supporting the transition and placement in unsubsidized employment for eligible individuals serving in contact tracing and related positions after such positions are no longer necessary in the State or local area, including—
any additional training and employment activities as described in section 170(d)(4) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(4));
developing the appropriate combination of services to enable the eligible individual to achieve the employment and career goals identified under paragraph (3)(D)(ii)(I); and
services to assist eligible individuals in maintaining employment for not less than 12 months after the completion of employment in contact tracing and related positions, as appropriate.
Any other activities as described in subsections (a)(3) and (b) of section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174).
Limitation— Notwithstanding section 170(d)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(3)(A)), a person may be employed in a contact tracing and related positions using funds under this section for a period not greater than 2 years.
Reporting by the Department of Labor—
In general— Not later than 120 days of the enactment of this Act, and once grant funds have been expended under this section, the Secretary shall report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and make publicly available a report containing a description of—
the number of eligible individuals recruited, hired, and trained in contact tracing and related positions;
the number of individuals successfully transitioned to unsubsidized employment or training at the completion of employment in contact tracing and related positions using funds under this subtitle;
the number of such individuals who were unemployed prior to being hired, trained, or deployed as described in paragraph (1);
the performance of each program supported by funds under this subtitle with respect to the indicators of performance under section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141), as applicable;
the number of individuals in unsubsidized employment within six months and 1 year, respectively, of the conclusion of employment in contact tracing and related positions and, of those, the number of individuals within a State, territorial, or local public health department in an occupation related to public health;
any information on how eligible entities, local boards, or community-based organizations that received funding under this subsection were able to support the goals of the national system for COVID–19 testing, contact tracing, surveillance, containment, and mitigation established under section 222 of this Act; and
best practices for improving and increasing the transition of individuals employed in contract tracing and related positions to unsubsidized employment.
Disaggregation— All data reported under paragraph (1) shall be disaggregated by race, ethnicity, sex, age, and, with respect to individuals with barriers to employment, subpopulation of such individuals, except for when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant.
Special rule— Any funds used for programs under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term subsection (a) of this section, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program.
Information sharing requirement for HHS— The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall provide the Secretary of Labor, acting through the Assistant Secretary of the Employment and Training Administration, with information on grants under section 223, including—
the formula used to award such grants to State, local, Tribal, and territorial health departments;
the dollar amounts of and scope of the work funded under such grants;
the geographic areas served by eligible entities that receive such grants; and
the number of contact tracers and related positions to be hired using such grants.
Authorization of appropriations— Of the amounts appropriated to carry out this subtitle, $500,000,000 shall be used by the Secretary of Labor to carry out subsections (a) through (h) of this section.