[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3609 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3609
To ensure that all communities have access to urgently needed COVID-19
testing, treatment, public health information, and relief benefits
regardless of immigration status or limited English proficiency, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 5, 2020
Ms. Hirono (for herself, Ms. Harris, Mr. Booker, Mr. Markey, Mrs.
Gillibrand, Ms. Warren, Mr. Sanders, Mr. Wyden, Mr. Blumenthal, Mr.
Merkley, Mr. Menendez, Ms. Cortez Masto, Ms. Rosen, Mr. Durbin, and Ms.
Klobuchar) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To ensure that all communities have access to urgently needed COVID-19
testing, treatment, public health information, and relief benefits
regardless of immigration status or limited English proficiency, 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 ``Coronavirus Immigrant Families
Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coronavirus public health emergency.--The term
``coronavirus public health emergency'' means--
(A) 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;
(B) 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));
(C) 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
(D) 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.
(2) Coronavirus response law.--The term ``coronavirus
response law'' means--
(A) the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-
123);
(B) the Families First Coronavirus Response Act
(Public Law 116-127);
(C) the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136); and
(D) any subsequent law enacted as a response to a
coronavirus public health emergency.
(3) COVID-19.--The term ``COVID-19'' means the Coronavirus
Disease 2019.
(4) 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.
(5) Sensitive location.--The term ``sensitive location''
means all physical space located within 1,000 feet of--
(A) 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;
(B) a location at which emergency service providers
distribute food or provide shelter;
(C) an organization that provides--
(i) disaster or emergency social services
and assistance;
(ii) services for individuals experiencing
homelessness, including food banks and
shelters; or
(iii) assistance for children, pregnant
women, victims of crime or abuse, or
individuals with significant mental or physical
disabilities;
(D) 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;
(E) a Federal, State, or local courthouse,
including the office of the legal counsel or
representative of an individual;
(F) a domestic violence shelter, rape crisis
center, supervised visitation center, family justice
center, or victim services provider;
(G) an office of the Social Security
Administration;
(H) 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;
(I) a church, synagogue, mosque or any other
institution of worship, such as a building rented for
the purpose of a religious service;
(J) the site of a funeral, wedding, or any other
public religious ceremony;
(K) 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
(L) any other location specified by the Secretary
of Homeland Security.
SEC. 3. SUSPENSION OF ADVERSE IMMIGRATION ACTIONS THAT DETER IMMIGRANT
COMMUNITIES FROM SEEKING HEALTH SERVICES IN A PUBLIC
HEALTH EMERGENCY.
(a) 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--
(1) the Secretary of Homeland Security, the Secretary of
State, and the Attorney General shall not--
(A) implement the final rule of the Department of
Homeland Security entitled ``Inadmissibility on Public
Charge Grounds'' (84 Fed. Reg. 41292 (August 14,
2019));
(B) 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));
(C) implement the proposed rule of the Department
of Justice entitled ``Inadmissibility on Public Charge
Grounds'' published in the Fall 2018 Uniform Regulatory
Agenda;
(D) 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;
(E) detain or remove--
(i) 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
(ii) 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--
(I) a provision referred to in any
of subparagraphs (A) through (G) of
that section; or
(II) section 101(a)(27)(J) of that
Act (8 U.S.C. 1101(a)(27)(J)); and
(F) require an individual subject to supervision by
U.S. Immigration and Customs Enforcement to report in
person.
(2) The Attorney General shall conduct fully telephonic
bond hearings and allow supporting documents to be faxed and
emailed to the appropriate clerk.
(3) The Secretary of Homeland Security, to the extent
practicable, shall stipulate to bond determinations on written
motions.
(b) 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.
SEC. 4. ACCESS TO COVID-19 TESTING AND TREATMENT FOR ALL COMMUNITIES.
(a) Clarification Regarding Emergency Services for Certain
Individuals.--
(1) In general.--For purposes of applying section
1903(v)(2)(A) of the Social Security Act (42 U.S.C.
1396b(v)(2)(A)) to a State, for any period during which an
emergency described in paragraph (2) exists in the State, the
care and services described in such section shall include the
following:
(A) In vitro diagnostic products (as defined in
section 809.3(a) of title 21, Code of Federal
Regulations) administered during such period, and the
administration of such in vitro diagnostic products.
(B) A COVID-19 vaccine that is administered during
such period (and the administration of such vaccine).
(C) Any item or service that is furnished during
such period for the treatment of COVID-19 or a
condition that may complicate the treatment of COVID-
19, and any services described in section 1916(a)(2)(G)
of such Act (42 U.S.C. 1396o(a)(2)(G)).
(2) Period described.--An emergency described in this
paragraph is--
(A) a coronavirus public health emergency; or
(B) a State emergency that is declared with respect
to COVID-19 or any other coronavirus with pandemic
potential.
(b) Emergency Medicaid for Individuals With Suspected COVID-19
Infections.--For purposes of applying section 1903(v)(3) of the Social
Security Act (42 U.S.C. 1396b(v)(3)) to a State, for any period during
which an emergency described in subsection (a)(2) exists in the State,
the term ``emergency medical condition'' (as defined in such section)
shall include, with respect to an individual, any concern that the
individual may have contracted COVID-19.
(c) Treatment of Assistance and Services Provided.--For any period
during which a coronavirus public health emergency or an emergency
described in subsection (a)(2)(B) is in effect--
(1) the value of assistance or services provided to any
person under a program with respect to which the a coronavirus
response law establishes or expands eligibility or benefits
shall not be considered income or resources; and
(2)(A) any medical coverage or services provided to an
individual under subsection (v) of section 1903 of the Social
Security Act (42 U.S.C. 1396b) shall be considered treatment
for an emergency medical condition (as defined in subsection
(v)(3) of such section) for any purpose under any Federal,
State, or local law, including law relating to taxation,
welfare, and public assistance programs;
(B) 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
(C) assistance and services described in this paragraph
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.
(d) 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.
(e) Rule of Construction.--Nothing in this section shall be
construed to limit--
(1) the types of care and services that are necessary for
the treatment of an emergency condition for purposes of section
1903(v) of the Social Security Act (42 U.S.C. 1396b(v)); or
(2) the types of medical conditions that are ``emergency
medical conditions'' for purposes of such section.
SEC. 5. LANGUAGE ACCESS AND PUBLIC OUTREACH FOR PUBLIC HEALTH.
(a) Grants and Cooperative Agreements.--
(1) In general.--The Director of the Centers for Disease
Control and Prevention (referred to in this section 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.
(2) Definition of community-based organization.--In this
subsection, 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.
(b) Translation.--
(1) 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.
(2) Public availability.--Not later than 7 days after the
date on which the materials described in paragraph (1) are made
available to the public in English, the Director shall ensure
that the translations required by that paragraph are made
available to the public.
(c) Hotline.--The Director shall establish an informational hotline
line that provides, in the languages referred to in subsection (b)(1),
information to the public directly on COVID-19.
(d) 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.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $100,000,000 for fiscal year 2020, to be
available until expended.
(2) Grants and cooperative agreements.--Of the amount
authorized to be appropriated under paragraph (1), not less
than $50,000,000 shall be made available to carry out
subsection (a).
SEC. 6. ACCESS TO SUPPORT MEASURES FOR VULNERABLE COMMUNITIES.
(a) 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--
(1) in section 102(1) (42 U.S.C. 5122(1)), by inserting
``or pandemic'' after ``catastrophe'';
(2) 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;
(3) in section 412 (42 U.S.C. 5179)--
(A) by inserting ``or an emergency due to a
pandemic'' after ``major disaster'' each place the term
appears;
(B) in subsection (a), by inserting ``without
regard to regular allotments'' before ``and to make
surplus''; and
(C) 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)).''; and
(4) in section 502(a) (42 U.S.C. 5192(a))--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8)(B), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(9) provide assistance in accordance with section 412.''.
(b) 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''.
(c) Extension of Immigration Status and Employment Authorization.--
(1) 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
paragraph (2) for the same period for which the status and
employment authorization was initially granted.
(2) Alien described.--An alien described in this paragraph
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--
(A) expired during the 30-day period preceding the
date of the enactment of this Act; or
(B) will expire not later than--
(i) one year after such date of enactment;
or
(ii) 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.
(d) 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.
<all>
Coronavirus Immigrant Families Protection Act
#3609 | S Congress #116
Policy Area: Health
Subjects: Administrative law and regulatory proceduresAdministrative remediesAssault and harassment offensesBorder security and unlawful immigrationCardiovascular and respiratory healthChild care and developmentCommunity life and organizationCrime victimsCrimes against womenDepartment of Homeland SecurityDepartment of JusticeDepartment of StateDetention of personsDisability and paralysisDomestic violence and child abuseEducational facilities and institutionsEmergency medical services and trauma careFood assistance and reliefForeign labor
Last Action: Read twice and referred to the Committee on the Judiciary. (5/5/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text