[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.
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