Contact tracing provisions in H.R. 6800 (HEROES Act) so possibly H.R. 6666 is a distraction
https://www.congress.gov/bill/116th-congress/house-bill/6800
H.R.6800 – The Heroes Act116th Congress (2019-2020)
The page indicates it has “Passed House” (as of June 17, 2020)
Introduced in House (05/12/2020)
Health and Economic Recovery Omnibus Emergency Solutions Act or the HEROES Act
This bill responds to the COVID-19 (i.e., coronavirus disease 2019) outbreak and its impact on the economy, public health, state and local governments, individuals, and businesses.
Among other things, the bill
provides FY2020 emergency supplemental appropriations to federal agencies;
provides payments and other assistance to state, local, tribal, and territorial governments;
provides additional direct payments of up to $1,200 per individual;
expands paid sick days, family and medical leave, unemployment compensation, nutrition and food assistance programs, housing assistance, and payments to farmers;
modifies and expands the Paycheck Protection Program, which provides loans and grants to small businesses and nonprofit organizations;
establishes a fund to award grants for employers to provide pandemic premium pay for essential workers;
expands several tax credits and deductions;
provides funding and establishes requirements for COVID-19 testing and contact tracing;
eliminates cost-sharing for COVID-19 treatments;
extends and expands the moratorium on certain evictions and foreclosures; and
requires employers to develop and implement infectious disease exposure control plans.
The bill also modifies or expands a wide range of other programs and policies, including those regarding
Medicare and Medicaid,
health insurance,
broadband service,
medical product supplies,
immigration,
student loans and financial aid,
the federal workforce,
prisons,
veterans benefits,
consumer protection requirements,
the U.S. Postal Service,
federal elections,
aviation and railroad workers, and
pension and retirement plans.
H.R. 6666 on the other hand, with its ridiculous number is still at the Introduced stage (COVID-19 Testing, Reaching, And Contacting Everyone (TRACE) Act).
So it looks to me like it was just a distraction. I am not able to follow all of this news. If others have already been campaigning against H.R. 6800, please feel free to share any information in the comments.
The email I received from a meetup group advised:
If you are concerned with contract tracing and the invasion of your privacy, please contact your FEDERAL congressional representative and share your concerns with both HR 6666, but more importantly HR 6800.
So Senators, Congressmen, and State representatives I think–because probably there are states with similar legislation.
And in Canada, we need to watch out for this type of legislation also.
The text of the H.R. 6800 bill that is currently in the Senate:
I’ll just quote all of subtitle D:
SEC. 30561. National system for COVID–19 testing, contact tracing, surveillance, containment, and mitigation.
(a) In general.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in coordination with 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 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 shall take into consideration—
(1) 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
(2) the testing strategy submitted under section 30541.
(d) Reporting.—The Secretary shall—
(1) not later than December 31, 2020, submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions a preliminary report on the effectiveness of the activities carried out pursuant to this subtitle; and
(2) not later than December 21, 2021, submit to such committees a final report on such effectiveness.
(a) In general.—To implement the national system under section 30561, 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.
(b) Flexibility.—The Secretary shall ensure that—
(1) the grants under subsection (a) 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.
(1) FORMULA.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall allocate amounts made available pursuant to subsection (a) in accordance with a formula to be established by the Secretary that provides a minimum level of funding to each State, local, Tribal, and territorial health department that seeks a grant under this section and allocates additional funding based on the following prioritization:
(A) 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.
(B) 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.
(C) The Secretary shall give third highest priority to applicants proposing to serve high numbers of low-income and uninsured populations, including medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3))), health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))), racial and ethnic minorities, or geographically diverse areas, as determined by the Secretary.
(2) NOTIFICATION.—Not later than the date that is one week before first awarding grants under this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a notification detailing the formula established under paragraph (1) for allocating amounts made available pursuant to subsection (a).
(d) Use of funds.—A State, local, Tribal, and territorial health department receiving a grant under this section shall, to the extent possible, use the grant funds for the following activities, or other activities deemed appropriate by the Director of the Centers for Disease Control and Prevention:
(1) TESTING.—To implement a coordinated testing system that—
(A) leverages or modernizes existing testing infrastructure and capacity;
(B) is consistent with the updated testing strategy required under section 30541;
(C) is coordinated with the State plan for COVID–19 testing prepared as required under the heading “Department of Health and Human Services—Office of the Secretary—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, 624);
(D) is informed by contact tracing and surveillance activities under this subtitle;
(E) is informed by guidelines established by the Centers for Disease Control and Prevention for which populations should be tested;
(F) identifies how diagnostic and serological tests in such system shall be validated prior to use;
(G) identifies how diagnostic and serological tests and testing supplies will be distributed to implement such system;
(H) identifies specific strategies for ensuring testing capabilities and accessibility in medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3))), health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))), racial and ethnic minority populations, and geographically diverse areas, as determined by the Secretary;
(I) identifies how testing may be used, and results may be reported, in both health care settings (such as hospitals, laboratories for moderate or high-complexity testing, pharmacies, mobile testing units, and community health centers) and non-health care settings (such as workplaces, schools, childcare centers, or drive-throughs);
(J) allows for testing in sentinel surveillance programs, as appropriate; and
(K) supports the procurement and distribution of diagnostic and serological tests and testing supplies to meet the goals of the system.
(2) CONTACT TRACING.—To implement a coordinated contact tracing system that—
(A) leverages or modernizes existing contact tracing systems and capabilities, including community health workers, health departments, and Federally qualified health centers;
(B) is able to investigate cases of COVID–19, and help to identify other potential cases of COVID–19, through tracing contacts of individuals with positive diagnoses;
(C) establishes culturally competent and multilingual strategies for contact tracing, which may include consultation with and support for cultural or civic organizations with established ties to the community;
(D) provides individuals identified under the contact tracing program with information and support for containment or mitigation;
(E) enables State, local, Tribal, and territorial health departments to work with a nongovernmental, community partner or partners and State and local workforce development systems (as defined in section 3(67) of Workforce Innovation and Opportunity Act (29 U.S.C. 3102(67))) receiving grants under section 30566(b) of this Act to hire and compensate a locally-sourced contact tracing workforce, if necessary, to supplement the public health workforce, to—
(i) identify the number of contact tracers needed for the respective State, locality, territorial, or Tribal health department to identify all cases of COVID–19 currently in the jurisdiction and those anticipated to emerge over the next 18 months in such jurisdiction;
(ii) outline qualifications necessary for contact tracers;
(iii) train the existing and newly hired public health workforce on best practices related to tracing close contacts of individuals diagnosed with COVID–19, including the protection of individual privacy and cybersecurity protection; and
(iv) equip the public health workforce with tools and resources to enable a rapid response to new cases;
(F) identifies the level of contact tracing needed within the State, locality, territory, or Tribal area to contain and mitigate the transmission of COVID–19;
(G) establishes statewide mechanisms to integrate regular evaluation to the Centers for Disease Control and Prevention regarding contact tracing efforts, makes such evaluation publicly available, and to the extent possible provides for such evaluation at the county level; and
(H) identifies specific strategies for ensuring contact tracing activities in medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3))), health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))), racial and ethnic minority populations, and geographically diverse areas, as determined by the Secretary.
(3) SURVEILLANCE.—To strengthen the existing public health surveillance system that—
(A) leverages or modernizes existing surveillance systems within the respective State, local, Tribal, or territorial health department and national surveillance systems;
(B) detects and identifies trends in COVID–19 at the county level;
(C) evaluates State, local, Tribal, and territorial health departments in achieving surveillance capabilities with respect to COVID–19;
(D) integrates and improves disease surveillance and immunization tracking; and
(E) identifies specific strategies for ensuring disease surveillance in medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3))), health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))), racial and ethnic minority populations, and geographically diverse areas, as determined by the Secretary.
(4) CONTAINMENT AND MITIGATION.—To implement a coordinated containment and mitigation system that—
(A) leverages or modernizes existing containment and mitigation strategies within the respective State, local, Tribal, or territorial governments and national containment and mitigation strategies;
(B) may provide for, connect to, and leverage existing social services and support for individuals who have been infected with or exposed to COVID–19 and who are isolated or quarantined in their homes, such as through—
(i) food assistance programs;
(ii) guidance for household infection control;
(iii) information and assistance with childcare services; and
(iv) information and assistance pertaining to support available under the CARES Act (Public Law 116–136) and this Act;
(C) provides guidance on the establishment of safe, high-quality, facilities for the voluntary isolation of individuals infected with, or quarantine of the contacts of individuals exposed to COVID–19, where hospitalization is not required, which facilities should—
(i) be prohibited from making inquiries relating to the citizenship status of an individual isolated or quarantined; and
(ii) be operated by a non-Federal, community partner or partners that—
(I) have previously established relationships in localities;
(II) work with local places of worship, community centers, medical facilities, and schools to recruit local staff for such facilities; and
(III) are fully integrated into State, local, Tribal, or territorial containment and mitigation efforts; and
(D) identifies specific strategies for ensuring containment and mitigation activities in medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3))), health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))), racial and ethnic minority populations, and geographically diverse areas, as determined by the Secretary.
(e) Reporting.—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 and under the heading “Department of Health and Human Services—Office of the Secretary—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—
(1) a summary of county or local health department level information from the States receiving funding, and information from directly funded localities, territories, and Tribal entities, about the activities that will be undertaken using funding awarded under this section, including subgrants;
(2) any anticipated shortages of required materials for testing for COVID–19 under subsection (a); and
(3) other barriers in the prevention, mitigation, or treatment of COVID–19 under this section.
(f) 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 every 7 days until all funds made available to carry out this section are expended.
SEC. 30563. Guidance, technical assistance, information, and communication.
(a) In general.— Not later than 14 days after the date of the enactment of this Act, the Secretary, in coordination with other Federal agencies, as appropriate, shall issue guidance, provide technical assistance, and provide information to States, localities, Tribes, and territories, with respect to the following:
(1) The diagnostic and serological testing of individuals identified through contact tracing for COVID–19, including information with respect to the reduction of duplication related to programmatic activities, reporting, and billing.
(2) 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.
(3) 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 plans to effectively support State, local, Tribal and territorial health departments in addressing such gaps.
(4) Information on ways for State, local, Tribal, and territorial health departments to establish and maintain the testing, contact tracing, and surveillance activities described in paragraphs (1) through (3).
(5) The protection of any personally identifiable health information collected pursuant to this subtitle.
(6) Best practices regarding privacy and cybersecurity protection related to contact tracing, containment, and mitigation efforts.
(b) Guidance on payment.—Not later than 14 days after the date of the enactment of this Act, the Secretary, in coordination with the Administrator of the Centers for Medicare & Medicaid Services, the Director of the Centers for Disease Control and Prevention, and in coordination with other Federal agencies, as appropriate, shall develop and issue to State, local, Tribal, and territorial health departments clear guidance and policies—
(1) with respect to the coordination of claims submitted for payment out of the Public Health and Social Services Emergency Fund for services furnished in a facility referred to in section 30562(d)(4)(C);
(2) identifying how an individual who is isolated or quarantined at home or in such a facility—
(A) incurs no out-of-pocket costs for any services furnished to such individual while isolated; and
(B) may receive income support for lost earnings or payments for expenses such as child care or elder care while such individual is isolated at home or in such a facility;
(3) providing information and assistance pertaining to support available under the CARES Act (Public Law 116–136) and this Act; and
(4) identifying State, local, Tribal, and territorial health departments or partner agencies that may provide social support services, such as groceries or meals, health education, internet access, and behavioral health services, to individuals who isolated or quarantined at home or in such a facility.
(c) Guidance on testing.—Not later than 14 days after the date of the enactment of this Act, the Secretary, in coordination with the Commissioner of Food and Drugs, the Director of the National Institutes of Health, and the Director of the Centers for Disease Control and Prevention, and in coordination with other Federal agencies as appropriate, shall develop and issue to State, local, Tribal, and territorial health departments clear guidance and policies regarding—
(1) objective standards to characterize the performance of all diagnostic and serological tests for COVID–19 in order to independently evaluate tests continuously over time;
(2) protocols for the evaluation of the performance of diagnostic and serological tests for COVID–19; and
(3) a repository of characterized specimens to use to evaluate the performance of those tests that can be made available for appropriate entities to use to evaluate performance.
(d) Communication.—The Secretary 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 subsections (a) and (b).
(e) Availability to providers.—Guidance issued under subsection (a)(1) shall be issued to health care providers.
(f) Ongoing provision of guidance and technical assistance.—Notwithstanding whether funds are available specifically to carry out this subtitle, guidance and technical assistance shall continue to be provided under this section.
SEC. 30564. Research and development.
The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention and in collaboration with the Director of the National Institutes of Health, the Director of the Agency for Healthcare Research and Quality, the Commissioner of Food and Drugs, and the Administrator of the Centers for Medicare & Medicaid Services, shall support research and development on more efficient and effective strategies—
(1) for the surveillance of SARS–CoV–2 and COVID–19;
(2) for the testing and identification of individuals infected with COVID–19; and
(3) for the tracing of contacts of individuals infected with COVID–19.
SEC. 30565. Awareness campaigns.
The Secretary, 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 or private entities, including faith-based organizations, 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; and
(4) promote cooperation with contact tracing efforts.
SEC. 30566. Grants to State and Tribal workforce agencies.
(a) Definitions.—In this section:
(1) IN GENERAL.—Except as otherwise provided, 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 RELATED POSITIONS.—The term “contact tracing and related positions” means employment related to contact tracing, surveillance, containment, and mitigation activities as described in paragraphs (2), (3), and (4) of section 30562(d).
(4) ELIGIBLE ENTITY.—The term “eligible entity” means—
(A) a State or territory, including the District of Columbia and Puerto Rico;
(B) an Indian Tribe, Tribal organization, Alaska Native entity, Indian-controlled organizations serving Indians, or Native Hawaiian organizations;
(C) an outlying area; or
(D) a local board, if an eligible entity under subparagraphs (A) through (C) has not applied with respect to the area over which the local board has jurisdiction as of the date on which the local board submits an application under subsection (c).
(5) ELIGIBLE INDIVIDUAL.—Notwithstanding section 170(b)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(b)(2)), the term “eligible individual” means an individual seeking or securing employment in contact tracing and related positions and served by an eligible entity or community-based organization receiving funding under this section.
(6) SECRETARY.—The term “Secretary” means the Secretary of Labor.
(1) IN GENERAL.—Subject to the availability of appropriations under subsection (g), the Secretary shall award national dislocated worker grants under section 170(b)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(b)(1)(B)) to each eligible entity that seeks a grant to assist local boards and community-based organizations in carrying out activities under subsections (f) and (d), respectively, for the following purposes:
(A) To support the recruitment, placement, and training, as applicable, of eligible individuals seeking employment in contact tracing and related positions in accordance with the national system for COVID–19 testing, contact tracing, surveillance, containment, and mitigation established under section 30561.
(B) To 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.—The Secretary of Labor shall—
(A) issue application requirements under subsection (c) not later than 10 days after the date of enactment of this section; and
(B) award grants to an eligible entity under paragraph (1) not later than 10 days after the date on which the Secretary receives an application from such entity.
(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 support the recruitment, placement, and training, as applicable, of eligible individuals seeking employment in contact tracing and related positions by partnering with—
(A) a State, local, Tribal, or territorial health department; or
(B) one or more nonprofit or community-based organizations partnering with such health departments;
(2) how the activities described in paragraph (1) will support State efforts to address the demand for contact tracing and related 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);
(B) the testing strategy submitted under section 30541; and
(C) the number of eligible individuals that the State plans to recruit and train under the plans and strategies described in subparagraphs (A) and (B);
(3) the specific strategies for recruiting and placement 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 as contact tracers and related positions, including dislocated workers, individuals with barriers to employment, veterans, new entrants in the workforce, or underemployed or furloughed workers, who are from or reside in or near the local area 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 and related positions, as described in section 30562(d)(2)(E)(ii); or
(ii) seek to transition to public health and public health related occupations upon the conclusion of employment in contact tracing and related 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 boards or through subgrants as described in subsection (d);
(5) for eligible entities described in subparagraphs (A) through (C) 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 (as defined in section 33(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)));
(C) health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))); and
(D) the racial and ethnic diversity of the area; and
(6) for eligible entities who are local boards, a description of how a grant to such eligible entity would serve the equitable distribution of funds as described in paragraph (5).
(d) Subgrant authorization and application process.—
(1) IN GENERAL.—An eligible entity may award a subgrant to one or more community-based organizations for the purposes of partnering with a State or local board to conduct outreach and education activities to inform potentially eligible individuals about employment opportunities in contact tracing and related positions.
(2) APPLICATION.—A community-based organization 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 local area that such organization plans to serve;
(B) a demonstration of the community-based organization’s expertise in providing employment or public health information to the local areas 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.
(A) USE OF FUNDS.— The Secretary of Labor 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 in accordance with a formula to be established by the Secretary that provides a minimum level of funding to each eligible entity that seeks a grant under this section and allocates additional funding as follows:
(I) The formula shall give first priority based on the number and proportion of contact tracing and related positions that the State plans to recruit, place, and train individuals as a part of the State strategy described in subsection (c)(2)(A).
(II) Subject to subclause (I), the formula shall give priority in accordance with section 30562(c).
(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 subparagraphs (A) through (C) of subsection (a)(4)—
(A) shall, not later than 30 days after the date on which the entity receives grant funds under this section, provide not less than 70 percent of grant funds to local boards for the purpose of carrying out activities in subsection (f);
(B) may use up to 20 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 (d);
(C) in providing funds to local boards and awarding subgrants under this subsection 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 boards and community-based organizations.
(3) LOCAL BOARD USE OF FUNDS.—A local board, or an eligible entity that is a local board, shall use—
(A) not less than 60 percent of the funds for recruitment and training for COVID–19 testing, contact tracing, surveillance, containment, and mitigation established under section 30561;
(B) not less than 30 of the funds to support the transition of individuals hired as contact tracers and related positions into an education or training program, or unsubsidized employment upon completion of such positions; and
(C) not more than 10 percent of the funds for administrative costs.
(f) Eligible activities.—The State or local boards shall use funds awarded under this section to support the recruitment and placement of eligible individuals, training and employment transition as related to contact tracing and related positions, and for the following activities:
(1) Establishing or expanding partnerships with—
(A) State, local, Tribal, and territorial public health departments;
(B) community-based health providers, including community health centers and rural health clinics;
(C) labor organizations or joint labor management organizations;
(D) two-year and four-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
(E) community action agencies or other community-based organizations serving local areas in which there is a demand for contact tracing and related positions.
(2) Providing training for contact tracing and related 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.
(3) Providing eligible individuals with—
(A) adequate and safe equipment, environments, and facilities for training and supervision, as applicable;
(B) information regarding the wages and benefits related to contact tracing and related positions, as compared to State, local, and national averages;
(C) supplies and equipment needed by the eligible individuals to support placement of an individual in contact tracing and related positions, as applicable;
(D) an individualized employment plan for each eligible individual, as applicable—
(i) in coordination with the entity employing the eligible individual in a contact tracing and related positions; and
(ii) which shall include providing a case manager to work with each eligible individual to develop the plan, which may include—
(I) identifying employment and career goals, and setting appropriate achievement objectives to attain such goals; and
(II) exploring career pathways that lead to in-demand industries and sectors, including in public health and related occupations; and
(E) services for the period during which the eligible individual is employed in a contact tracing and related position to ensure job retention, which may include—
(i) supportive services throughout the term of employment;
(ii) a continuation of skills training as related to employment in contact tracing and related positions, that is conducted in collaboration with the employers of such individuals;
(iii) mentorship services and job retention support for eligible individuals; or
(iv) targeted training for managers and workers working with eligible individuals (such as mentors), and human resource representatives;
(4) Supporting the transition and placement in unsubsidized employment for eligible individuals serving in contact tracing and related positions after such positions are no longer necessary in the State or local area, including—
(A) any additional training and employment activities as described in section 170(d)(4) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(4));
(B) developing the appropriate combination of services to enable the eligible individual to achieve the employment and career goals identified under paragraph (3)(D)(ii)(I); and
(C) services to assist eligible individuals in maintaining employment for not less than 12 months after the completion of employment in contact tracing and related positions, as appropriate.
(5) Any other activities as described in subsections (a)(3) and (b) of section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174).
(g) Limitation.—Notwithstanding section 170(d)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(3)(A)), a person may be employed in a contact tracing and related positions using funds under this section for a period not greater than 2 years.
(h) 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 Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, and make publicly available a report containing a description of—
(A) the number of eligible individuals recruited, hired, and trained in contact tracing and related positions;
(B) the number of individuals successfully transitioned to unsubsidized employment or training at the completion of employment in contact tracing and related positions using funds under this subtitle;
(C) the number of such individuals who were unemployed prior to being hired, trained, or deployed as described in paragraph (1);
(D) the performance of each program supported by funds under this subtitle 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 six months and 1 year, respectively, of the conclusion of employment in contact tracing and related positions and, of those, the number of individuals within a State, territorial, or local public health department in an occupation related to public health;
(F) any information on how eligible entities, local boards, or community-based organizations that received funding under this subsection were able to support the goals of the national system for COVID–19 testing, contact tracing, surveillance, containment, and mitigation established under section 30561 of this Act; and
(G) best practices for improving and increasing the transition of individuals employed in contract tracing and related positions to unsubsidized employment.
(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.
(i) 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 subsection (a) of this section, 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.
(j) 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 30562, 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 contact tracers and related positions to be hired using such grants.
(k) Authorization of appropriations.—Of the amounts appropriated to carry out this subtitle, $500,000,000 shall be used by the Secretary of Labor to carry out subsections (a) through (h) of this section.
SEC. 30567. Application of the Service Contract Act to contracts and grants.
Contracts and grants which include contact tracing as part of the scope of work and that are awarded under this subtitle shall require that contract tracers and related 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 tracers and related positions for purposes of this subtitle, 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 for State public health agencies.
SEC. 30568. Authorization of appropriations.
To carry out this subtitle, there are authorized to be appropriated $75,000,000,000, to remain available until expended.