Coronavirus Immigrant Families Protection Act

II 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 re- gardless 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 need- ed COVID–19 testing, treatment, public health informa- tion, and relief benefits regardless of immigration status or limited English proficiency, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Coronavirus Immi- 4 grant Families Protection Act’’. 5 VerDate Sep 11 2014 18:36 May 07, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3609.IS S3609 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3609 IS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) CORONAVIRUS PUBLIC HEALTH EMER- 3 GENCY.—The term ‘‘coronavirus public health emer- 4 gency’’ means— 5 (A) an emergency involving Federal pri- 6 mary responsibility determined to exist by the 7 President under section 501(b) of the Robert T. 8 Stafford Disaster Relief and Emergency Assist- 9 ance Act (42 U.S.C. 5191(b)) with respect to 10 COVID–19 or any other coronavirus with pan- 11 demic potential; 12 (B) an emergency declared by a Federal 13 official with respect to coronavirus (as defined 14 in section 506 of the Coronavirus Preparedness 15 and Response Supplemental Appropriations 16 Act, 2020 (Public Law 116–123)); 17 (C) a national emergency declared by the 18 President under the National Emergencies Act 19 (50 U.S.C. 1601 et seq.) with respect to 20 COVID–19 or any other coronavirus with pan- 21 demic potential; and 22 (D) a public health emergency declared by 23 the Secretary of Health and Human Services 24 pursuant to section 319 of the Public Health 25 Service Act (42 U.S.C. 247(d)) with respect to 26 VerDate Sep 11 2014 18:36 May 07, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3609.IS S3609 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3609 IS COVID–19 or any other coronavirus with pan- 1 demic potential. 2 (2) CORONAVIRUS RESPONSE LAW.—The term 3 ‘‘coronavirus response law’’ means— 4 (A) the Coronavirus Preparedness and Re- 5 sponse Supplemental Appropriations Act, 2020 6 (Public Law 116–123); 7 (B) the Families First Coronavirus Re- 8 sponse Act (Public Law 116–127); 9 (C) the Coronavirus Aid, Relief, and Eco- 10 nomic Security Act (Public Law 116–136); and 11 (D) any subsequent law enacted as a re- 12 sponse to a coronavirus public health emer- 13 gency. 14 (3) COVID–19.—The term ‘‘COVID–19’’ 15 means the Coronavirus Disease 2019. 16 (4) ENFORCEMENT ACTION.—The term ‘‘en- 17 forcement action’’ means an apprehension, an arrest, 18 a search, an interview, a request for identification, 19 or surveillance for the purposes of immigration en- 20 forcement. 21 (5) SENSITIVE LOCATION.—The term ‘‘sensitive 22 location’’ means all physical space located within 23 1,000 feet of— 24 VerDate Sep 11 2014 18:36 May 07, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3609.IS S3609 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3609 IS (A) a medical treatment or health care fa- 1 cility, including a hospital, an office of a health 2 care practitioner, an accredited health clinic, an 3 alcohol or drug treatment center, an emergent 4 or urgent care facility, and a community health 5 center; 6 (B) a location at which emergency service 7 providers distribute food or provide shelter; 8 (C) an organization that provides— 9 (i) disaster or emergency social serv- 10 ices and assistance; 11 (ii) services for individuals experi- 12 encing homelessness, including food banks 13 and shelters; or 14 (iii) assistance for children, pregnant 15 women, victims of crime or abuse, or indi- 16 viduals with significant mental or physical 17 disabilities; 18 (D) a public assistance office, including 19 any Federal, State, or municipal location at 20 which individuals may apply for or receive un- 21 employment compensation or report violations 22 of labor and employment laws; 23 VerDate Sep 11 2014 18:36 May 07, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3609.IS S3609 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3609 IS (E) a Federal, State, or local courthouse, 1 including the office of the legal counsel or rep- 2 resentative of an individual; 3 (F) a domestic violence shelter, rape crisis 4 center, supervised visitation center, family jus- 5 tice center, or victim services provider; 6 (G) an office of the Social Security Admin- 7 istration; 8 (H) a childcare facility or a school, includ- 9 ing a preschool, primary school, secondary 10 school, post-secondary school up to and includ- 11 ing a college or university, and any other insti- 12 tution of learning such as a vocational or trade 13 school; 14 (I) a church, synagogue, mosque or any 15 other institution of worship, such as a building 16 rented for the purpose of a religious service; 17 (J) the site of a funeral, wedding, or any 18 other public religious ceremony; 19 (K) in the case of a jurisdiction in which 20 a shelter-in-place order is in effect during a 21 coronavirus public health emergency, any busi- 22 ness location considered to provide an essential 23 service, such as a pharmacy or a grocery store; 24 and 25 VerDate Sep 11 2014 18:36 May 07, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3609.IS S3609 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3609 IS (L) any other location specified by the Sec- 1 retary of Homeland Security. 2 SEC. 3. SUSPENSION OF ADVERSE IMMIGRATION ACTIONS 3 THAT DETER IMMIGRANT COMMUNITIES 4 FROM SEEKING HEALTH SERVICES IN A PUB- 5 LIC HEALTH EMERGENCY. 6 (a) IN GENERAL.—Beginning on the date on which 7 a coronavirus public health emergency is declared and end- 8 ing on the date that is 60 days after the date on which 9 the coronavirus public health emergency expires— 10 (1) the Secretary of Homeland Security, the 11 Secretary of State, and the Attorney General shall 12 not— 13 (A) implement the final rule of the Depart- 14 ment of Homeland Security entitled ‘‘Inadmis- 15 sibility on Public Charge Grounds’’ (84 Fed. 16 Reg. 41292 (August 14, 2019)); 17 (B) implement the interim final rule of the 18 Department of State entitled ‘‘Visas: Ineligi- 19 bility Based on Public Charge Grounds’’ (84 20 Fed. Reg. 54996 (October 11, 2019)); 21 (C) implement the proposed rule of the De- 22 partment of Justice entitled ‘‘Inadmissibility on 23 Public Charge Grounds’’ published in the Fall 24 2018 Uniform Regulatory Agenda; 25 VerDate Sep 11 2014 18:36 May 07, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3609.IS S3609 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3609 IS (D) conduct any enforcement action 1 against an individual at, or in transit to or 2 from, a sensitive location unless the enforce- 3 ment action is conducted pursuant to a valid ju- 4 dicial warrant; 5 (E) detain or remove— 6 (i) a survivor of domestic violence, 7 sexual assault, or human trafficking, or 8 any other individual, who has a pending 9 application under section 101(a)(15)(T), 10 101(a)(15)(U), 106, 240A(b)(2) of the Im- 11 migration and Nationality Act (8 U.S.C. 12 1101(a)(15)(T), 1101(a)(15)(U), 1105a, 13 1229b(b)(2)) or section 244(a)(3) of that 14 Act (as in effect on March 31, 1997); or 15 (ii) a VAWA self-petitioner described 16 in section 101(a)(51) of that Act (8 U.S.C. 17 1101(a)(51)) who has a pending applica- 18 tion for relief under— 19 (I) a provision referred to in any 20 of subparagraphs (A) through (G) of 21 that section; or 22 (II) section 101(a)(27)(J) of that 23 Act (8 U.S.C. 1101(a)(27)(J)); and 24 VerDate Sep 11 2014 18:36 May 07, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3609.IS S3609 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3609 IS (F) require an individual subject to super- 1 vision by U.S. Immigration and Customs En- 2 forcement to report in person. 3 (2) The Attorney General shall conduct fully 4 telephonic bond hearings and allow supporting docu- 5 ments to be faxed and emailed to the appropriate 6 clerk. 7 (3) The Secretary of Homeland Security, to the 8 extent practicable, shall stipulate to bond determina- 9 tions on written motions. 10 (b) USE OF BENEFITS FUNDED BY CORONAVIRUS 11 RESPONSE LAW.—The Secretary of Homeland Security, 12 the Secretary of State, and the Attorney General shall not 13 consider in any determination affecting the current or fu- 14 ture immigration status of any individual the use of any 15 benefit of any program or activity funded in whole or in 16 part by amounts made available under a coronavirus re- 17 sponse law. 18 SEC. 4. ACCESS TO COVID–19 TESTING AND TREATMENT 19 FOR ALL COMMUNITIES. 20 (a) CLARIFICATION REGARDING EMERGENCY SERV- 21 ICES FOR CERTAIN INDIVIDUALS.— 22 (1) IN GENERAL.—For purposes of applying 23 section 1903(v)(2)(A) of the Social Security Act (42 24 U.S.C. 1396b(v)(2)(A)) to a State, for any period 25 VerDate Sep 11 2014 18:36 May 07, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3609.IS S3609 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3609 IS during which an emergency described in paragraph 1 (2) exists in the State, the care and services de- 2 scribed in such section shall include the following: 3 (A) In vitro diagnostic products (as de- 4 fined in section 809.3(a) of title 21, Code of 5 Federal Regulations) administered during such 6 period, and the administration of such in vitro 7 diagnostic products. 8 (B) A COVID–19 vaccine that is adminis- 9 tered during such period (and the administra- 10 tion of such vaccine). 11 (C) Any item or service that is furnished 12 during such period for the treatment of 13 COVID–19 or a condition that may complicate 14 the treatment of COVID–19, and any services 15 described in section 1916(a)(2)(G) of such Act 16 (42 U.S.C. 1396o(a)(2)(G)). 17 (2) PERIOD DESCRIBED.—An emergency de- 18 scribed in this paragraph is— 19 (A) a coronavirus public health emergency; 20 or 21 (B) a State emergency that is declared 22 with respect to COVID–19 or any other 23 coronavirus with pandemic potential. 24 VerDate Sep 11 2014 18:36 May 07, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3609.IS S3609 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3609 IS (b) EMERGENCY MEDICAID FOR INDIVIDUALS WITH 1 SUSPECTED COVID–19 INFECTIONS.—For purposes of 2 applying section 1903(v)(3) of the Social Security Act (42 3 U.S.C. 1396b(v)(3)) to a State, for any period during 4 which an emergency described in subsection (a)(2) exists 5 in the State, the term ‘‘emergency medical condition’’ (as 6 defined in such section) shall include, with respect to an 7 individual, any concern that the individual may have con- 8 tracted COVID–19. 9 (c) TREATMENT OF ASSISTANCE AND SERVICES PRO- 10 VIDED.—For any period during which a coronavirus public 11 health emergency or an emergency described in subsection 12 (a)(2)(B) is in effect— 13 (1) the value of assistance or services provided 14 to any person under a program with respect to 15 which the a coronavirus response law establishes or 16 expands eligibility or benefits shall not be considered 17 income or resources; and 18 (2)(A) any medical coverage or services pro- 19 vided to an individual under subsection (v) of section 20 1903 of the Social Security Act (42 U.S.C. 1396b) 21 shall be considered treatment for an emergency med- 22 ical condition (as defined in subsection (v)(3) of 23 such section) for any purpose under any Federal, 24 VerDate Sep 11 2014 18:36 May 07, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3609.IS S3609 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3609 IS State, or local law, including law relating to tax- 1 ation, welfare, and public assistance programs; 2 (B) a participating State or political subdivision 3 of a State shall not decrease any assistance other- 4 wise provided to an individual because of the receipt 5 of benefits under the Social Security Act (42 U.S.C. 6 301 et seq.); and 7 (C) assistance and services described in this 8 paragraph shall be considered noncash disaster as- 9 sistance, notwithstanding the form in which the as- 10 sistance and services are provided, except that cash 11 received by an individual or a household may be 12 treated as income by any public benefit program 13 under the rules applicable before the date of the en- 14 actment of this Act. 15 (d) NONDISCRIMINATION.—No person shall be, on 16 the basis of actual or perceived immigration status, ex- 17 cluded from participation in, denied the benefits of, or 18 subject to discrimination under, any program or activity 19 funded in whole or in part by amounts made available 20 under a coronavirus response law. 21 (e) RULE OF CONSTRUCTION.—Nothing in this sec- 22 tion shall be construed to limit— 23 (1) the types of care and services that are nec- 24 essary for the treatment of an emergency condition 25 VerDate Sep 11 2014 18:36 May 07, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3609.IS S3609 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3609 IS for purposes of section 1903(v) of the Social Secu- 1 rity Act (42 U.S.C. 1396b(v)); or 2 (2) the types of medical conditions that are 3 ‘‘emergency medical conditions’’ for purposes of such 4 section. 5 SEC. 5. LANGUAGE ACCESS AND PUBLIC OUTREACH FOR 6 PUBLIC HEALTH. 7 (a) GRANTS AND COOPERATIVE AGREEMENTS.— 8 (1) IN GENERAL.—The Director of the Centers 9 for Disease Control and Prevention (referred to in 10 this section as the ‘‘Director’’) shall provide grants 11 to, or enter into cooperative agreements with, com- 12 munity-based organizations for the purpose of sup- 13 porting culturally and linguistically appropriate pre- 14 paredness, response, and recovery activities, such as 15 the development of educational programs and mate- 16 rials to promote screening, testing, treatment, and 17 public health practices. 18 (2) DEFINITION OF COMMUNITY-BASED ORGA- 19 NIZATION.—In this subsection, the term ‘‘commu- 20 nity-based organization’’ means an entity that has 21 established relationships with hard-to-reach popu- 22 lations, including racial and ethnic minorities, indi- 23 viduals with limited English proficiency, and ind [Text truncated for display. Full text available on Congress.gov.]