I
116TH CONGRESS
2D SESSION
H. R. 6437
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 HOUSE OF REPRESENTATIVES
APRIL 3, 2020
Ms. JUDY CHU of California (for herself, Mr. GRIJALVA, Mr. CORREA, Mr.
TAKANO, Mr. SERRANO, Ms. OCASIO-CORTEZ, Ms. NORTON, Mr. PA-
NETTA, Mr. CONNOLLY, Ms. GARCIA of Texas, Mr. LOWENTHAL, Ms.
MOORE, Ms. HAALAND, Ms. JACKSON LEE, Mr. GARCI´A of Illinois, Ms.
PRESSLEY, Ms. CLARKE of New York, Ms. SCHAKOWSKY, Mr. CROW, Ms.
TLAIB, Mr. MCGOVERN, Ms. SEWELL of Alabama, Mr. SOTO, Mr. COX
of California, Ms. JAYAPAL, Mrs. HAYES, Ms. WILSON of Florida, and
Ms. VELA´ZQUEZ) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees
on the Judiciary, Transportation and Infrastructure, and Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
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,
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•HR 6437 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Coronavirus Immi-
2
grant Families Protection Act’’.
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SEC. 2. DEFINITIONS.
4
In this Act:
5
(1) CORONAVIRUS
PUBLIC
HEALTH
EMER-
6
GENCY.—The term ‘‘coronavirus public health emer-
7
gency’’ means—
8
(A) an emergency involving Federal pri-
9
mary responsibility determined to exist by the
10
President under section 501(b) of the Robert T.
11
Stafford Disaster Relief and Emergency Assist-
12
ance Act (42 U.S.C. 5191(b)) with respect to
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COVID–19 or any other coronavirus with pan-
14
demic potential;
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(B) an emergency declared by a Federal
16
official with respect to coronavirus (as defined
17
in section 506 of the Coronavirus Preparedness
18
and Response Supplemental Appropriations
19
Act, 2020 (Public Law 116–123));
20
(C) a national emergency declared by the
21
President under the National Emergencies Act
22
(50 U.S.C. 1601 et seq.) with respect to
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COVID–19 or any other coronavirus with pan-
24
demic potential; and
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•HR 6437 IH
(D) a public health emergency declared by
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the Secretary of Health and Human Services
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pursuant to section 319 of the Public Health
3
Service Act (42 U.S.C. 247(d)) with respect to
4
COVID–19 or any other coronavirus with pan-
5
demic potential.
6
(2) CORONAVIRUS RESPONSE LAW.—The term
7
‘‘coronavirus response law’’ means—
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(A) the Coronavirus Preparedness and Re-
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sponse Supplemental Appropriations Act, 2020
10
(Public Law 116–123);
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(B) the Families First Coronavirus Re-
12
sponse Act (Public Law 116–127);
13
(C) the Coronavirus Aid, Relief, and Eco-
14
nomic Security Act (Public Law 116–136); and
15
(D) any subsequent law enacted as a re-
16
sponse to a coronavirus public health emer-
17
gency.
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(3)
COVID–19.—The
term
‘‘COVID–19’’
19
means the Coronavirus Disease 2019.
20
(4) ENFORCEMENT
ACTION.—The term ‘‘en-
21
forcement action’’ means an apprehension, an arrest,
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a search, an interview, a request for identification,
23
or surveillance for the purposes of immigration en-
24
forcement.
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(5) SENSITIVE LOCATION.—The term ‘‘sensitive
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location’’ means all physical space located within
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1,000 feet of—
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(A) a medical treatment or health care fa-
4
cility, including a hospital, an office of a health
5
care practitioner, an accredited health clinic, an
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alcohol or drug treatment center, an emergent
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or urgent care facility, and a community health
8
center;
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(B) a location at which emergency service
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providers distribute food or provide shelter;
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(C) an organization that provides—
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(i) disaster or emergency social serv-
13
ices and assistance;
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(ii) services for individuals experi-
15
encing homelessness, including food banks
16
and shelters; or
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(iii) assistance for children, pregnant
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women, victims of crime or abuse, or indi-
19
viduals with significant mental or physical
20
disabilities;
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(D) a public assistance office, including
22
any Federal, State, or municipal location at
23
which individuals may apply for or receive un-
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•HR 6437 IH
employment compensation or report violations
1
of labor and employment laws;
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(E) a Federal, State, or local courthouse,
3
including the office of the legal counsel or rep-
4
resentative of an individual;
5
(F) a domestic violence shelter, rape crisis
6
center, supervised visitation center, family jus-
7
tice center, or victim services provider;
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(G) an office of the Social Security Admin-
9
istration;
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(H) a childcare facility or a school, includ-
11
ing a preschool, primary school, secondary
12
school, post-secondary school up to and includ-
13
ing a college or university, and any other insti-
14
tution of learning such as a vocational or trade
15
school;
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(I) a church, synagogue, mosque or any
17
other institution of worship, such as a building
18
rented for the purpose of a religious service;
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(J) the site of a funeral, wedding, or any
20
other public religious ceremony;
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(K) in the case of a jurisdiction in which
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a shelter-in-place order is in effect during a
23
coronavirus public health emergency, any busi-
24
ness location considered to provide an essential
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•HR 6437 IH
service, such as a pharmacy or a grocery store;
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and
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(L) any other location specified by the Sec-
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retary of Homeland Security.
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SEC. 3. SUSPENSION OF ADVERSE IMMIGRATION ACTIONS
5
THAT
DETER
IMMIGRANT
COMMUNITIES
6
FROM SEEKING HEALTH SERVICES IN A PUB-
7
LIC HEALTH EMERGENCY.
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(a) IN GENERAL.—Beginning on the date on which
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a coronavirus public health emergency is declared and end-
10
ing on the date that is 60 days after the date on which
11
the coronavirus public health emergency expires—
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(1) the Secretary of Homeland Security, the
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Secretary of State, and the Attorney General shall
14
not—
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(A) implement the final rule of the Depart-
16
ment of Homeland Security entitled ‘‘Inadmis-
17
sibility on Public Charge Grounds’’ (84 Fed.
18
Reg. 41292 (August 14, 2019));
19
(B) implement the interim final rule of the
20
Department of State entitled ‘‘Visas: Ineligi-
21
bility Based on Public Charge Grounds’’ (84
22
Fed. Reg. 54996 (October 11, 2019));
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(C) implement the proposed rule of the De-
24
partment of Justice entitled ‘‘Inadmissibility on
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•HR 6437 IH
Public Charge Grounds’’ published in the Fall
1
2018 Uniform Regulatory Agenda;
2
(D)
conduct
any
enforcement
action
3
against an individual at, or in transit to or
4
from, a sensitive location unless the enforce-
5
ment action is conducted pursuant to a valid ju-
6
dicial warrant;
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(E) detain or remove—
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(i) a survivor of domestic violence,
9
sexual assault, or human trafficking, or
10
any other individual, who has a pending
11
application under section 101(a)(15)(T),
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101(a)(15)(U), 106, 240A(b)(2) of the Im-
13
migration and Nationality Act (8 U.S.C.
14
1101(a)(15)(T), 1101(a)(15)(U), 1105a,
15
1229b(b)(2)) or section 244(a)(3) of that
16
Act (as in effect on March 31, 1997); or
17
(ii) a VAWA self-petitioner described
18
in section 101(a)(51) of that Act (8 U.S.C.
19
1101(a)(51)) who has a pending applica-
20
tion for relief under—
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(I) a provision referred to in any
22
of subparagraphs (A) through (G) of
23
that section; or
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•HR 6437 IH
(II) section 101(a)(27)(J) of that
1
Act (8 U.S.C. 1101(a)(27)(J)); and
2
(F) require an individual subject to super-
3
vision by U.S. Immigration and Customs En-
4
forcement to report in person.
5
(2) The Attorney General shall conduct fully
6
telephonic bond hearings and allow supporting docu-
7
ments to be faxed and emailed to the appropriate
8
clerk.
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(3) The Secretary of Homeland Security, to the
10
extent practicable, shall stipulate to bond determina-
11
tions on written motions.
12
(b) USE OF BENEFITS FUNDED BY CORONAVIRUS
13
RESPONSE LAW.—The Secretary of Homeland Security,
14
the Secretary of State, and the Attorney General shall not
15
consider in any determination affecting the current or fu-
16
ture immigration status of any individual the use of any
17
benefit of any program or activity funded in whole or in
18
part by amounts made available under a coronavirus re-
19
sponse law.
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SEC. 4. ACCESS TO COVID–19 TESTING AND TREATMENT
21
FOR ALL COMMUNITIES.
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(a) CLARIFICATION REGARDING EMERGENCY SERV-
23
ICES FOR CERTAIN INDIVIDUALS.—Section 1903(v)(2) of
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•HR 6437 IH
the Social Security Act (42 U.S.C. 1396b(v)(2)) is amend-
1
ed by adding at the end the following flush sentence:
2
‘‘For purposes of subparagraph (A), care and services
3
described in such subparagraph include any in vitro diag-
4
nostic product described in section 1905(a)(3)(B) that is
5
administered during any portion of the emergency period
6
described in such section beginning on or after the date
7
of the enactment of this sentence (and the administration
8
of such product), any COVID–19 vaccine that is adminis-
9
tered during any such portion (and the administration of
10
such vaccine), any item or service that is furnished during
11
any such portion for the treatment of COVID–19 or a con-
12
dition that may complicate the treatment of COVID–19,
13
and any services described in section 1916(a)(2)(G).’’.
14
(b) EMERGENCY MEDICAID FOR INDIVIDUALS WITH
15
SUSPECTED
COVID–19
INFECTIONS.—Section
16
1903(v)(3) of the Social Security Act (42 U.S.C.
17
1396b(v)(3)) is amended by striking ‘‘means a’’ and in-
18
serting ‘‘means any concern that the individual may have
19
contracted COVID–19 or another.’’.
20
(c) TREATMENT OF ASSISTANCE AND SERVICES PRO-
21
VIDED.—For any period during which a coronavirus public
22
health emergency is in effect—
23
(1) the value of assistance or services provided
24
to any person under a program with respect to
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•HR 6437 IH
which a coronavirus response law establishes or ex-
1
pands eligibility or benefits shall not be considered
2
income or resources; and
3
(2)(A) any medical coverage or services shall be
4
considered treatment for an emergency medical con-
5
dition (as defined in section 1903(v)(3) of the Social
6
Security Act (42 U.S.C. 1396b(v)(3))) for any pur-
7
pose under any Federal, State, or local law, includ-
8
ing law relating to taxation, welfare, and public as-
9
sistance programs;
10
(B) a participating State or political sub-
11
division of a State shall not decrease any assist-
12
ance otherwise provided to an individual be-
13
cause of the receipt of benefits under the Social
14
Security Act (42 U.S.C. 301 et seq.); and
15
(C) assistance and services described in
16
this paragraph shall be considered noncash dis-
17
aster assistance, notwithstanding the form in
18
which the assistance and services are provided,
19
except that cash received by an individual or a
20
household may be treated as income by any
21
public benefit program under the rules applica-
22
ble before the date of the enactment of this Act.
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(d) NONDISCRIMINATION.—No person shall be, on
24
the basis of actual or perceived immigration status, ex-
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•HR 6437 IH
cluded from participation in, denied the benefits of, or
1
subject to discrimination under, any program or activity
2
funded in whole or in part by amounts made available
3
under a coronavirus response law.
4
SEC. 5. LANGUAGE ACCESS AND PUBLIC OUTREACH FOR
5
PUBLIC HEALTH.
6
(a) GRANTS AND COOPERATIVE AGREEMENTS.—
7
(1) IN GENERAL.—The Director of the Centers
8
for Disease Control and Prevention (referred to in
9
this section as the ‘‘Director’’) shall provide grants
10
to, or enter into cooperative agreements with, com-
11
munity-based organizations for the purpose of sup-
12
porting culturally and linguistically appropriate pre-
13
paredness, response, and recovery activities, such as
14
the development of educational programs and mate-
15
rials to promote screening, testing, treatment, and
16
public health practices.
17
(2) DEFINITION OF COMMUNITY-BASED ORGA-
18
NIZATION.—In this subsection, the term ‘‘commu-
19
nity-based organization’’ means an entity that has
20
established relationships with hard-to-reach popu-
21
lations, including racial and ethnic minorities, indi-
22
viduals with limited English proficiency, and individ-
23
uals with disabilities.
24
(b) TRANSLATION.—
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•HR 6437 IH
(1) IN GENERAL.—The Director shall provide
1
for the translation of materials on awareness,
2
screening, testing, and treatment for COVID–19
3
into the languages described in the language access
4
plan of the Federal Emergency Management Agency
5
dated October 1, 2016, as the languages most fre-
6
quently encountered.
7
(2) PUBLIC AVAILABILITY.—Not later than 7
8
days after the date on which the materials described
9
in paragraph (1) are made available to the public in
10
English, the Director shall ensure that the trans-
11
lations required by that paragraph are made avail-
12
able to the public.
13
(c) HOTLINE.—The Director shall establish an infor-
14
mational hotline line that provides, in the languages re-
15
ferred to in subsection (b)(1), information to the public
16
directly on COVID–19.
17
(d) INTERAGENCY COORDINATION.—With respe
[Text truncated for display. Full text available on Congress.gov.]