Allowing All to Serve Act

II 116TH CONGRESS 2D SESSION S. 3726 To recruit qualified foreign nationals residing in the United States to provide healthcare during a public health emergency at healthcare facilities oper- ated by the Department of Health and Human Services, the Department of Defense, or the Department of Veterans Affairs. IN THE SENATE OF THE UNITED STATES MAY 13, 2020 Mr. CRUZ introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To recruit qualified foreign nationals residing in the United States to provide healthcare during a public health emer- gency at healthcare facilities operated by the Department of Health and Human Services, the Department of De- fense, or the Department of Veterans Affairs. 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 ‘‘Allowing All to Serve 4 Act’’. 5 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3726.IS S3726 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3726 IS SEC. 2. PUBLIC HEALTH EMERGENCY HEALTHCARE PRO- 1 GRAM. 2 (a) ESTABLISHMENT.—The Secretary of Health and 3 Human Services, in consultation with the Secretary of 4 Homeland Security, the Secretary of Defense, and the 5 Secretary of Veterans Affairs, shall establish a program 6 for recruiting aliens who are lawfully present in the United 7 States and have medical training to provide healthcare 8 during the COVID–19 public health emergency at 9 healthcare facilities owned, operated, or managed by— 10 (1) the Department of Health and Human 11 Services; 12 (2) the Department of Defense; or 13 (3) the Department of Veterans Affairs. 14 (b) ELIGIBLE ALIENS.—An alien may participate in 15 the program established pursuant to subsection (a) if the 16 alien— 17 (1) was admitted to the United States, and has 18 been lawfully residing in the United States continu- 19 ously during the most recent 2-year period— 20 (A) as a refugee under section 207 of the 21 Immigration and Nationality Act (8 U.S.C. 22 1157); 23 (B) as an asylee under section 208 of such 24 Act (8 U.S.C. 1158); or 25 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3726.IS S3726 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3726 IS (C) in temporary protected status under 1 section 244 of such Act (8 U.S.C. 1254a); 2 (2) is a qualified healthcare provider, whose 3 healthcare services are needed at a facility referred 4 to in subsection (a) to meet increased staffing needs 5 to respond to the COVID–19 pandemic; 6 (3) possesses medical training or skills that are 7 relevant to the diagnosis, treatment, or prevention of 8 COVID–19; and 9 (4) meets all other qualification criteria consid- 10 ered necessary by the Federal Department to which 11 the alien is assigned. 12 (c) MAXIMUM PARTICIPANTS.—Not more than 13 10,000 eligible aliens may participate in the program es- 14 tablished pursuant to subsection (a). 15 (d) LENGTH OF PARTICIPATION.—Eligible aliens se- 16 lected to participate in the program— 17 (1) shall commit to remain in the program until 18 the earlier of— 19 (A) 6 months after the date on which the 20 alien began such participation; or 21 (B) the date set forth in paragraph (2); 22 and 23 (2) may participate in the program established 24 pursuant to subsection (a) until the date on which 25 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3726.IS S3726 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3726 IS the national emergency declared by the President 1 under the National Emergencies Act (50 U.S.C. 2 1601 et seq.) with respect to COVID–19 is termi- 3 nated. 4 (e) SUPERVISION.—Program participants shall be di- 5 rectly supervised by medical professionals who have a cur- 6 rent license to practice medicine in the United States, in 7 accordance with guidelines promulgated by the Secretary 8 of Health and Human Services, the Secretary of Defense, 9 or the Secretary of Veterans Affairs, as applicable. 10 (f) NON-PREFERENCE.—Nothing in this section may 11 be construed to authorize the Department of Health and 12 Human Services, the Department of Defense, or the De- 13 partment of Veterans Affairs to give preference to the re- 14 cruitment of healthcare providers described in subsection 15 (b) over the recruitment of healthcare providers otherwise 16 authorized to work in the United States who are not de- 17 scribed in such subsection. 18 Æ VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3726.IS S3726 pamtmann on DSKBC07HB2PROD with BILLS