[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3828 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3828

 To establish an initiative for national testing, contact tracing, and 
               pandemic response, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2020

Mr. Schatz (for himself, Ms. Klobuchar, Mr. Whitehouse, Ms. Harris, and 
  Mr. Booker) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To establish an initiative for national testing, contact tracing, and 
               pandemic response, 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 ``Jobs to Fight COVID-19 Act of 
2020''.

SEC. 2. DEFINITIONS.

    Except as otherwise explicitly provided, in this Act:
            (1) COVID-19.--The term ``COVID-19'' means the novel 
        coronavirus disease of 2019 (COVID-19).
            (2) Health professional shortage area.--The term ``health 
        professional shortage area'' has the meaning given the term in 
        section 332(a) of the Public Health Service Act (42 U.S.C. 
        254e(a)).
            (3) Medically underserved populations.--The term 
        ``medically underserved population'' has the meaning given the 
        term in section 330(b)(3) of the Public Health Service Act (42 
        U.S.C. 254b(b)(3)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (5) State.--The term ``State'' refers to each of the 50 
        States and the District of Columbia.
            (6) Territory.--The term ``territory'' means the 
        Commonwealth of Puerto Rico, American Samoa, Guam, the 
        Commonwealth of the Northern Mariana Islands, and the United 
        States Virgin Islands.
            (7) Tribal.--The term ``Tribal'', with respect to a health 
        department, includes--
                    (A) Indian Tribes that--
                            (i) are operating one or more health 
                        facilities pursuant to an agreement under the 
                        Indian Self-Determination and Education 
                        Assistance Act (25 U.S.C. 5301 et seq.); or
                            (ii) receive services from a facility 
                        operated by the Indian Health Services; and
                    (B) Tribal organizations and Native Hawaiian 
                organizations, as such terms are defined in section 166 
                of the Workforce Innovation and Opportunity Act (29 
                U.S.C. 3221), and urban Indian organizations.

SEC. 3. GRANTS TO SUPPORT PANDEMIC PUBLIC WORKS.

    (a) Definitions.--In this section:
            (1) In general.--Except as otherwise provided in this 
        section or section 2, 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).
            (2) 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.
            (3) Contact tracing and pandemic response positions.--The 
        term ``contact tracing and pandemic response positions'' means 
        employment related to--
                    (A) contact tracing, surveillance, containment, and 
                mitigation activities needed to implement the national 
                system under section 6;
                    (B) other activities necessary for pandemic 
                response, including cleaning and mitigation activities; 
                and
                    (C) activities necessary to respond to the economic 
                impacts of COVID-19.
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or territory;
                    (B)(i) an Indian Tribe, Tribal organization, Alaska 
                Native entity, or Native Hawaiian organization as such 
                terms are defined in section 166 of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3221); or
                    (ii) an Indian-controlled organization serving 
                Indians as defined in such section 166; or
                    (C) a unit of local government, if an entity 
                described in subparagraph (A) has not applied with 
                respect to the area over which the unit has 
                jurisdiction by the deadline required under subsection 
                (b)(2)(B).
            (5) Eligible individual.--The term ``eligible individual'' 
        means an individual seeking or securing employment in a contact 
        tracing or pandemic response position and who is served by an 
        eligible entity or community-based organization receiving 
        funding under this section.
            (6) Unit of local government.--The term ``unit of local 
        government'' means any city, county, township, town, borough, 
        parish, village, or other general purpose political subdivision 
        of a State.
    (b) Grants.--
            (1) In general.--Subject to the availability of 
        appropriations under subsection (l), the Secretary shall award 
        a grant to each eligible entity that submits a complete 
        application under subsection (c), to enable the eligible entity 
        to--
                    (A) as applicable, support the recruitment, 
                placement, and training of, and provide employment to, 
                eligible individuals seeking employment in contact 
                tracing and pandemic response positions; and
                    (B) 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.
            (2) Timeline.--
                    (A) Deadline for secretary application 
                requirements.--The Secretary shall issue application 
                requirements under subsection (c) not later than 10 
                days after the date of enactment of this Act.
                    (B) State and tribal applications.--The deadline 
                for applications from eligible entities described in 
                subparagraph (A) or (B) of subsection (a)(4) shall be 
                the date that is 30 days after the date the Secretary 
                issues application requirements under subparagraph (A).
                    (C) Applications for local governments serving as 
                eligible entities.--The deadline for applications for 
                grants from eligible entities described in subsection 
                (a)(4)(C) shall be the date that is 10 days after the 
                date that applications are due under subparagraph (B).
                    (D) Grant awards.--The Secretary shall award a 
                grant to an eligible entity under paragraph (1) not 
                later than 15 days after the date on which applications 
                are due under subparagraph (C).
    (c) 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--
            (1) how the eligible entity will, as applicable, support 
        the recruitment, placement, and training of, and provide 
        employment to, of eligible individuals seeking employment in 
        contact tracing and pandemic response positions;
            (2) how the activities described in paragraph (1) will 
        support State efforts to address the demand for contact tracing 
        and pandemic response positions with respect to--
                    (A) 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
                    (B) the number of eligible individuals that the 
                State plans to recruit, train, and employ under the 
                plans described in subparagraph (A);
            (3) the specific strategies for recruiting, placement, and 
        employment of eligible individuals from or residing within the 
        communities in which they will work, including--
                    (A) plans for the recruitment of eligible 
                individuals to serve in contact tracing or pandemic 
                response positions, including dislocated workers, 
                individuals with barriers to employment, veterans, new 
                entrants in the workforce, self-employed individuals 
                who are unemployed as a result of COVID-19, or 
                underemployed or furloughed workers, who are from or 
                reside in or near the locality in which they will 
                serve, and who, to the extent practicable--
                            (i) 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 or pandemic 
                        response positions; or
                            (ii) seek to transition to public health 
                        and public health related occupations upon the 
                        conclusion of employment in contact tracing or 
                        pandemic response positions; and
                    (B) how such strategies will take into account the 
                diversity of such community, including racial, ethnic, 
                socioeconomic, linguistic, or geographic diversity;
            (4) the amount, timing, and mechanisms for distribution of 
        funds provided to local units of government or through 
        subgrants as described in subsection (d)(2)(A) or (e);
            (5) for eligible entities described in subparagraph (A) or 
        (B) of subsection (a)(4), a description of how the eligible 
        entity will ensure the equitable distribution of funds with 
        respect to--
                    (A) geography (such as urban and rural 
                distribution);
                    (B) medically underserved populations;
                    (C) health professional shortage areas; and
                    (D) the racial and ethnic diversity of the area; 
                and
            (6) for eligible entities described in subsection 
        (a)(4)(C), a description of how a grant to such eligible entity 
        would serve the equitable distribution of funds as described in 
        paragraph (5); and
            (7) how the eligible entity will collaborate with State 
        boards and local boards, the unemployment compensation system 
        of the State, and the employment service offices (providing 
        services under the Wagner-Peyser Act (29 U.S.C. 50 et seq.)) of 
        the State regarding the State reemployment services and 
        eligibility assessment activities and the activities provided 
        under this section.
    (d) Grant Distribution.--
            (1) Federal distribution.--
                    (A) Use of funds.-- The Secretary shall use the 
                funds appropriated to carry out this section as 
                follows:
                            (i) Subject to clause (ii), the Secretary 
                        shall distribute funds among eligible entities 
                        that submit a complete application under 
                        subsection (c) in accordance with a formula to 
                        be established by the Secretary that--
                                    (I) provides a minimum level of 
                                funding to each eligible entity that 
                                submits a complete application; and
                                    (II) allocates additional funding 
                                as follows:
                                            (aa) The formula shall give 
                                        first priority based on the 
                                        number and proportion of 
                                        contact tracing or pandemic 
                                        response positions for which 
                                        the eligible entity plans to 
                                        recruit, place, train, and 
                                        employ individuals as a part of 
                                        the State strategy described in 
                                        subsection (c)(2)(A).
                                            (bb) The formula shall give 
                                        second highest priority to 
                                        applications that will serve 
                                        States, territories, Indian 
                                        Tribes, or Native Hawaiian 
                                        populations that have the 
                                        highest unemployment rates, as 
                                        determined based on the most 
                                        recent data available.
                                            (cc) The formula shall give 
                                        third 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.
                                            (dd) The formula shall give 
                                        fourth 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.
                                            (ee) The formula shall give 
                                        fifth highest priority to 
                                        applicants proposing to serve 
                                        high numbers of low-income and 
                                        uninsured populations, 
                                        including medically underserved 
                                        populations, health 
                                        professional shortage areas, 
                                        racial and ethnic minorities, 
                                        or geographically diverse 
                                        areas, as determined by the 
                                        Secretary.
                            (ii) 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.
                    (B) 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).
            (2) Eligible entity use of funds.--An eligible entity 
        described in subsection (a)(4)(A)--
                    (A) shall, not later than 30 days after the date on 
                which the entity receives grant funds under this 
                section, use not less than 40 percent of grant funds to 
                award subgrants to units of local government for the 
                purpose of carrying out activities described in 
                subsection (f);
                    (B) may use not more than 5 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 (e);
                    (C) in providing subgrants to units of local 
                government under subparagraph (A) and awarding 
                subgrants under subsection (e), shall ensure the 
                equitable distribution with respect to the factors 
                described in subsection (c)(5); and
                    (D) 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 units of government and community-
                based organizations.
    (e) Outreach and Education Subgrant Authorization and Application 
Process.--
            (1) In general.--An eligible entity receiving a grant under 
        this section may use a portion of such funds to award a 
        subgrant to one or more community-based organizations for the 
        purposes of partnering with an eligible entity to conduct 
        outreach and education activities to inform potentially 
        eligible individuals about employment opportunities in contact 
        tracing or pandemic response positions.
            (2) Application.--A community-based organization desiring a 
        subgrant under this subsection shall submit an application at 
        such time and in such manner as the eligible entity may 
        reasonably require, including--
                    (A) a demonstration of the community-based 
                organization's established expertise and effectiveness 
                in community outreach in the locality that such 
                organization plans to serve;
                    (B) a demonstration of the community-based 
                organization's expertise in providing employment or 
                information to the locality in which such organization 
                plans to serve; and
                    (C) a description of the expertise of the 
                community-based organization in utilizing culturally 
                competent and multilingual strategies in the provision 
                of services.
    (f) Eligible Activities.--An eligible entity receiving a grant, or 
a unit of local government receiving a subgrant from an eligible 
entity, under this section shall use such grant or subgrant funds--
            (1) to support the recruitment and placement of eligible 
        individuals;
            (2) to employ eligible individuals in contact training or 
        pandemic response positions;
            (3) to support the training and employment transition as 
        related to contact tracing or pandemic response positions; and
            (4) for the following activities:
                    (A) Establishing or expanding training partnerships 
                with--
                            (i) community-based health providers, 
                        including community health centers and rural 
                        health clinics;
                            (ii) labor organizations or joint labor 
                        management organizations;
                            (iii) 2-year and 4-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
                            (iv) community action agencies or other 
                        community-based organizations serving 
                        localities in which there is a demand for 
                        contact tracing or pandemic response positions.
                    (B) Providing training for contact tracing or 
                pandemic response 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.
                    (C) Providing eligible individuals with--
                            (i) adequate and safe equipment, 
                        environments, and facilities for training and 
                        supervision, as applicable;
                            (ii) supplies and equipment needed by the 
                        program participants to support placement of an 
                        individual in contact tracing or pandemic 
                        response positions, as applicable; and
                            (iii) services for the period during which 
                        the individual is employed in a contact tracing 
                        or pandemic response position to ensure job 
                        retention, which may include--
                                    (I) supportive services throughout 
                                the term of employment; or
                                    (II) a continuation of skills 
                                training as related to employment in a 
                                contact tracing or pandemic response 
                                position, that is conducted in 
                                collaboration with the employers of 
                                such participants.
            (5) Supporting the transition and placement in unsubsidized 
        employment for eligible individuals serving in the contact 
        tracing or pandemic response positions after such positions are 
        no longer necessary in the State or locality, which may 
        include--
                    (A) providing additional disaster relief employment 
                and employment and training activities described in 
                subparagraphs (A) and (C) of section 170(d)(1) of the 
                Workforce Innovation and Opportunity Act (29 U.S.C. 
                3225(d)(1)) and services described in section 7(a)(1) 
                of the Wagner-Peyser Act (29 U.S.C. 49f(a)(1));
                    (B) providing services to assist eligible 
                individuals in maintaining employment for not less than 
                12 months after the completion of employment in contact 
                tracing or pandemic response positions, as appropriate; 
                and
                    (C) assisting eligible individuals in obtaining 
                other employment directly with the eligible entity, or 
                with a unit of local government, after serving in a 
                contact tracing or pandemic response position supported 
                under this section, by paying for the costs of not more 
                than 10 percent of the total compensation provided by 
                the eligible entity or unit of local government to such 
                eligible individual for a period of not more than the 
                first year in which the individual is so employed, if 
                such employment is not otherwise subsidized under this 
                or any other Act.
    (g) Requirements for Transition Back to Unemployment 
Compensation.--As a condition of an eligible entity that is a State 
receiving a grant under this section, the State law (as defined in 
section 205 of the Federal-State Extended Unemployment Compensation Act 
of 1970 (26 U.S.C. 3304 note)) of the State shall, in the case of an 
individual who is receiving unemployment compensation under at the time 
the individual enrolls in a program funded under the grant, provide for 
the following:
            (1) Such individual shall be eligible to resume receiving 
        unemployment compensation after leaving such program if the 
        individual is unemployed.
            (2) The amount of the weekly benefit amount for such 
        individual shall be the greater of--
                    (A) the weekly benefit amount such individual was 
                receiving when such individual entered the program; or
                    (B) a weekly benefit amount that is determined 
                based on such individual's earnings from employment 
                under the program.
    (h) Limitations.--
            (1) Extension of period for contact tracing or pandemic 
        response positions.--A person may be employed in a contact 
        tracing or pandemic response position using funds under this 
        section for a period not greater than 2 years.
            (2) Prohibition of displacement.--An individual placed in a 
        contact tracing or pandemic response position under this 
        section shall not displace (including a partial displacement, 
        such as a reduction in the hours of nonovertime work, wages, or 
        employment benefits)--
                    (A) any employee of the eligible entity; or
                    (B) any contractor, or employee of any contractor, 
                of the eligible entity.
    (i) Reporting by the Department of Labor.--
            (1) 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 Health, 
        Education, Labor, and Pensions of the Senate and the Committee 
        on Education and Labor of the House of Representatives, and 
        make publicly available, a report containing a description of--
                    (A) the number of eligible individuals recruited, 
                hired, and trained for contact tracing or pandemic 
                response positions under this section;
                    (B) the number of individuals successfully 
                transitioned to unsubsidized employment or training at 
                the completion of employment in contact tracing or 
                pandemic response positions using funds under this Act;
                    (C) the number of such individuals who were 
                unemployed prior to being hired or trained as described 
                in subparagraph (A);
                    (D) the performance of each program supported by 
                funds under this Act with respect to the indicators of 
                performance under section 116 of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3141), as 
                applicable;
                    (E) the number of individuals in unsubsidized 
                employment within 6 months and 1 year, respectively, of 
                the conclusion of employment in contact tracing or 
                pandemic response positions, the quarterly wages, and 
                number of hours worked per week, of such individuals, 
                and, of those individuals, the number of individuals 
                within a State, territorial, or local public health 
                department in an occupation related to public health; 
                and
                    (F) any information on how eligible entities, units 
                of local government, or community-based organizations 
                that received funding under this section were able to 
                support the goals of the national system for COVID-19 
                testing, contact tracing, surveillance, containment, 
                and mitigation established under section 6.
            (2) 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.
    (j) 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 in subsection (a), 
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.
    (k) 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 7, 
including--
            (1) the formula used to award such grants to State, local, 
        Tribal, and territorial health departments;
            (2) the dollar amounts of and scope of the work funded 
        under such grants;
            (3) the geographic areas served by eligible entities that 
        receive such grants; and
            (4) the number of individual to be hired in contact tracing 
        or pandemic response positions using such grants.
    (l) Authorization of Appropriations.--Of the amounts appropriated 
to carry out this Act under section 9, $100,000,000,000 shall be used 
by the Secretary to carry out subsections (a) through (h).

SEC. 4. SERVICE CONTRACT ACT APPLICATION.

    Contracts and grants that include contact tracing or other pandemic 
response activities as part of the scope of work and that are awarded 
under this Act shall require that individuals in contact tracing and 
pandemic response positions are paid not less than the prevailing wage 
and fringe rates required under chapter 67 of title 41, United States 
Code (commonly known as the ``Service Contract Act'') for the area in 
which the work is performed. To the extent that a nonstandard wage 
determination is required to establish a prevailing wage for contact 
tracing or pandemic response positions for purposes of this Act, the 
Secretary of Labor shall issue such determination not later than 14 
days after the date of enactment of this Act, based on a job 
description used by the Centers for Disease Control and Prevention and 
contractors or grantees performing contact tracing or pandemic response 
activities for State public health agencies.

SEC. 5. AWARENESS CAMPAIGNS.

    (a) In General.--The Secretary of Health and Human Services, acting 
through the Director of the Centers for Disease Control and Prevention 
and in coordination with other offices and agencies, as appropriate, 
shall award competitive grants or contracts to one or more public 
entities to carry out multilingual and culturally appropriate awareness 
campaigns. Such campaigns shall--
            (1) be based on available scientific evidence;
            (2) increase awareness and knowledge of COVID-19, including 
        countering stigma associated with COVID-19;
            (3) improve information on the availability of COVID-19 
        diagnostic testing;
            (4) promote cooperation with contact tracing efforts; and
            (5) promote employment opportunities performing contact 
        tracing and other pandemic response activities.
    (b) Authorization of Appropriations.--Of the amounts appropriated 
to carry out this Act under section 9, $5,000,000,000 shall be used by 
the Secretary to carry out this section.

SEC. 6. NATIONAL SYSTEM FOR COVID-19 TESTING, CONTACT TRACING, 
              SURVEILLANCE, CONTAINMENT, AND MITIGATION.

    (a) In General.--The Secretary of Health and Human Services, acting 
through the Director of the Centers for Disease Control and Prevention, 
and in coordination with the applicable offices of the Department of 
Health and Human Services and State, local, Tribal, and territorial 
health departments, shall establish and implement a nationwide 
evidence-based system for--
            (1) testing, contact tracing, surveillance, containment, 
        and mitigation with respect to COVID-19;
            (2) offering guidance on voluntary isolation and quarantine 
        of individuals infected with, or exposed to individuals 
        infected with, the virus that causes COVID-19; and
            (3) public reporting on testing, contact tracing, 
        surveillance, and voluntary isolation and quarantine activities 
        with respect to COVID-19.
    (b) Coordination; Technical Assistance.--In carrying out the 
national system under this section, the Secretary of Health and Human 
Services shall--
            (1) coordinate State, local, Tribal, and territorial 
        activities related to testing, contact tracing, surveillance, 
        containment, and mitigation with respect to COVID-19, as 
        appropriate; and
            (2) provide technical assistance for such activities, as 
        appropriate.
    (c) Consideration.--In establishing and implementing the national 
system under this section, the Secretary of Health and Human Services 
shall take into consideration the State and Tribal 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).
    (d) Reporting.--The Secretary of Health and Human Services shall--
            (1) not later than December 31, 2020, submit to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a preliminary report on the effectiveness of 
        the activities carried out pursuant to this Act; and
            (2) not later than December 21, 2021, submit to such 
        committees a final report on such effectiveness.

SEC. 7. HEALTH DEPARTMENT GRANTS.

    (a) Definition of Secretary.--In this section, the term 
``Secretary'' means the Secretary of Health and Human Services.
    (b) Grants Authorized.--To implement the national system under 
section 6, 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--
            (1) diagnostic and surveillance testing and reporting;
            (2) community-based contact tracing efforts; and
            (3) policies related to voluntary isolation and quarantine 
        of individuals infected with, or exposed to individuals 
        infected with, the virus that causes COVID-19.
    (c) Flexibility.--The Secretary shall ensure that--
            (1) the grants under subsection (b) provide flexibility for 
        State, local, Tribal, and territorial health departments to 
        modify, establish, or maintain evidence-based systems; and
            (2) 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.
    (d) Allocations.--
            (1) Formula.--The Secretary, acting through the Director of 
        the Centers for Disease Control and Prevention, shall allocate 
        amounts made available pursuant to subsection (b) in accordance 
        with a formula, to be established by the Secretary, that--
                    (A) provides a minimum level of funding to each 
                State, local, Tribal, and territorial health department 
                that seeks a grant under this section; and
                    (B) allocates additional funding based on the 
                following prioritization:
                            (i) 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.
                            (ii) 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.
                            (iii) The Secretary shall give third 
                        highest priority to applicants proposing to 
                        serve high numbers of low-income and uninsured 
                        populations, including medically underserved 
                        populations, health professional shortage 
                        areas, racial and ethnic minorities, or 
                        geographically diverse areas, as determined by 
                        the Secretary.
            (2) Notification.--Not later than the date that is 7 days 
        before first awarding grants under this section, the Secretary 
        shall submit to the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Energy and Commerce 
        of the House of Representatives a notification detailing the 
        formula established under paragraph (1) for allocating amounts 
        made available pursuant to subsection (b).
    (e) Use of Funds.--A State, local, Tribal, or territorial health 
department receiving a grant under this section shall, to the extent 
possible, use the grant funds for activities determined appropriate by 
the Director of the Centers for Disease Control and Prevention (in 
coordination with Tribal health organizations) to implement the 
national system under section 6.
    (f) Reporting.--
            (1) In general.--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 under the heading ``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) a summary of county or local health department 
                level information from the entities receiving funding 
                under this section about the activities that will be 
                undertaken using funding awarded under this section, 
                including subgrants; and
                    (B) any barriers in the prevention, testing, 
                mitigation, or treatment of COVID-19 under this 
                section.
            (2) Tribal data sovereignty.--The Secretary shall consult 
        with Indian Tribes and Tribal organizations and coordinate with 
        Tribal health organizations to ensure that any reporting 
        process under this section honors and preserves the data 
        sovereignty of individuals who are members of Indian Tribes or 
        Tribal organizations (as such terms are defined in section 166 
        of the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3221)), including individuals who are members of Native 
        Hawaiian organizations (as defined in such section 166), and 
        urban Indian organizations.
    (g) Public Listing of Awards.--The Secretary shall--
            (1) 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
            (2) update such list not less than once every 7 days until 
        all funds made available to carry out this section are 
        expended.
    (h) Authorization of Appropriations.--Of the amounts appropriated 
to carry out this Act under section 9, $15,000,000,000 shall be used by 
the Secretary to carry out this section.

SEC. 8. GUIDANCE AND TECHNICAL ASSISTANCE.

    (a) Department of Health and Human Services Guidelines.--
            (1) In general.--Not later than 14 days after the date of 
        the enactment of this Act, the Secretary of Health and Human 
        Services, in coordination with the heads of other Federal 
        agencies as appropriate, shall issue guidance, provide 
        technical assistance, and provide information to States, units 
        of local government, Tribes, and territories, with respect to 
        the following:
                    (A) Best practices regarding contact tracing, 
                including the collection of data with respect to such 
                contact tracing and requirements related to the 
                standardization of demographic and syndromic 
                information collected as part of contact tracing 
                efforts.
                    (B) Best practices regarding COVID-19 disease 
                surveillance, including best practices to reduce 
                duplication in surveillance activities, identifying 
                gaps in surveillance and surveillance systems, and ways 
                in which the Secretary of Health and Human Services 
                plans to effectively support State, local, Tribal and 
                territorial health departments in addressing such gaps.
                    (C) Information on ways for State, local, Tribal, 
                and territorial health departments to establish and 
                maintain the contact tracing and surveillance 
                activities described in subparagraphs (A) and (B).
                    (D) Best practices regarding privacy and 
                cybersecurity protection related to contact tracing, 
                containment, and mitigation efforts.
            (2) Communication.--The Secretary of Health and Human 
        Services shall identify and publicly announce the form and 
        manner for communication with State, local, Tribal, and 
        territorial health departments for purposes of carrying out the 
        activities addressed by guidance issued under paragraph (1).
    (b) Labor and Workplace Related Guidance.--Not later than 14 days 
after the date of enactment of this Act, the Secretary of Labor, acting 
through the Assistant Secretary of Labor for Occupational Safety and 
Health, shall provide guidance and technical assistance regarding how 
to provide individuals in contact tracing and pandemic response 
positions with healthy and safe working conditions.
    (c) Ongoing Provision of Guidance and Technical Assistance.--
Notwithstanding whether funds are available specifically to carry out 
this Act, guidance and technical assistance shall continue to be 
provided under this section.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act, 
$125,000,000,000 to remain available until expended.
                                 <all>