II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Jobs to Fight COVID– 

5 19 Act of 2020’’. 

6 SEC. 2. DEFINITIONS. 

7 Except as otherwise explicitly provided, in this Act: 

8 (1) COVID–19.—The term ‘‘COVID–19’’ 

9 means the novel coronavirus disease of 2019 

10 (COVID–19). 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 3828 IS

1 (2) HEALTH PROFESSIONAL SHORTAGE

2 AREA.—The term ‘‘health professional shortage 

3 area’’ has the meaning given the term in section 

4 332(a) of the Public Health Service Act (42 U.S.C. 

5 254e(a)). 

6 (3) MEDICALLY UNDERSERVED POPU7 LATIONS.—The term ‘‘medically underserved popu8 lation’’ has the meaning given the term in section 

9 330(b)(3) of the Public Health Service Act (42 

10 U.S.C. 254b(b)(3)). 

11 (4) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Labor. 

13 (5) STATE.—The term ‘‘State’’ refers to each 

14 of the 50 States and the District of Columbia. 

15 (6) TERRITORY.—The term ‘‘territory’’ means 

16 the Commonwealth of Puerto Rico, American 

17 Samoa, Guam, the Commonwealth of the Northern 

18 Mariana Islands, and the United States Virgin Is19 lands. 

20 (7) TRIBAL.—The term ‘‘Tribal’’, with respect 

21 to a health department, includes— 

22 (A) Indian Tribes that— 

23 (i) are operating one or more health 

24 facilities pursuant to an agreement under 

25 the Indian Self-Determination and EduVerDate Sep 11 2014 03:39 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3828.IS S3828

pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 3828 IS

1 cation Assistance Act (25 U.S.C. 5301 et 

2 seq.); or 

3 (ii) receive services from a facility op4 erated by the Indian Health Services; and 

5 (B) Tribal organizations and Native Ha6 waiian organizations, as such terms are defined 

7 in section 166 of the Workforce Innovation and 

8 Opportunity Act (29 U.S.C. 3221), and urban 

9 Indian organizations. 

10 SEC. 3. GRANTS TO SUPPORT PANDEMIC PUBLIC WORKS. 

11 (a) DEFINITIONS.—In this section: 

12 (1) IN GENERAL.—Except as otherwise pro13 vided in this section or section 2, the terms in this 

14 section have the meanings given the terms in section 

15 3 of the Workforce Innovation and Opportunity Act 

16 (29 U.S.C. 3102). 

17 (2) APPRENTICESHIP; APPRENTICESHIP PRO18 GRAM.—The term ‘‘apprenticeship’’ or ‘‘apprentice19 ship program’’ means an apprenticeship program 

20 registered under the Act of August 16, 1937 (com21 monly known as the ‘‘National Apprenticeship Act’’) 

22 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), 

23 including any requirement, standard, or rule promul24 gated under such Act, as such requirement, stand25 ard, or rule was in effect on December 30, 2019. 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 3828 IS

1 (3) CONTACT TRACING AND PANDEMIC RE2 SPONSE POSITIONS.—The term ‘‘contact tracing and 

3 pandemic response positions’’ means employment re4 lated to— 

5 (A) contact tracing, surveillance, contain6 ment, and mitigation activities needed to imple7 ment the national system under section 6; 

8 (B) other activities necessary for pandemic 

9 response, including cleaning and mitigation ac10 tivities; and 

11 (C) activities necessary to respond to the 

12 economic impacts of COVID–19. 

13 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti14 ty’’ means— 

15 (A) a State or territory; 

16 (B)(i) an Indian Tribe, Tribal organiza17 tion, Alaska Native entity, or Native Hawaiian 

18 organization as such terms are defined in sec19 tion 166 of the Workforce Innovation and Op20 portunity Act (29 U.S.C. 3221); or 

21 (ii) an Indian-controlled organization serv22 ing Indians as defined in such section 166; or 

23 (C) a unit of local government, if an entity 

24 described in subparagraph (A) has not applied 

25 with respect to the area over which the unit has 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 3828 IS

1 jurisdiction by the deadline required under sub2 section (b)(2)(B). 

3 (5) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

4 individual’’ means an individual seeking or securing 

5 employment in a contact tracing or pandemic re6 sponse position and who is served by an eligible enti7 ty or community-based organization receiving fund8 ing under this section. 

9 (6) UNIT OF LOCAL GOVERNMENT.—The term 

10 ‘‘unit of local government’’ means any city, county, 

11 township, town, borough, parish, village, or other 

12 general purpose political subdivision of a State. 

13 (b) GRANTS.— 

14 (1) IN GENERAL.—Subject to the availability of 

15 appropriations under subsection (l), the Secretary 

16 shall award a grant to each eligible entity that sub17 mits a complete application under subsection (c), to 

18 enable the eligible entity to— 

19 (A) as applicable, support the recruitment, 

20 placement, and training of, and provide employ21 ment to, eligible individuals seeking employment 

22 in contact tracing and pandemic response posi23 tions; and 

24 (B) assist with the employment transition 

25 to new employment or education and training of 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 3828 IS

1 individuals employed under this section in prep2 aration for and upon termination of such em3 ployment. 

4 (2) TIMELINE.— 

5 (A) DEADLINE FOR SECRETARY APPLICA6 TION REQUIREMENTS.—The Secretary shall 

7 issue application requirements under subsection 

8 (c) not later than 10 days after the date of en9 actment of this Act. 

10 (B) STATE AND TRIBAL APPLICATIONS.— 

11 The deadline for applications from eligible enti12 ties described in subparagraph (A) or (B) of 

13 subsection (a)(4) shall be the date that is 30 

14 days after the date the Secretary issues applica15 tion requirements under subparagraph (A). 

16 (C) APPLICATIONS FOR LOCAL GOVERN17 MENTS SERVING AS ELIGIBLE ENTITIES.—The 

18 deadline for applications for grants from eligible 

19 entities described in subsection (a)(4)(C) shall 

20 be the date that is 10 days after the date that 

21 applications are due under subparagraph (B). 

22 (D) GRANT AWARDS.—The Secretary shall 

23 award a grant to an eligible entity under para24 graph (1) not later than 15 days after the date 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 3828 IS

1 on which applications are due under subpara2 graph (C). 

3 (c) GRANT APPLICATION.—An eligible entity apply4 ing for a grant under this section shall submit an applica5 tion to the Secretary, at such time and in such form and 

6 manner as the Secretary may reasonably require, which 

7 shall include a description of— 

8 (1) how the eligible entity will, as applicable, 

9 support the recruitment, placement, and training of, 

10 and provide employment to, of eligible individuals 

11 seeking employment in contact tracing and pandemic 

12 response positions; 

13 (2) how the activities described in paragraph 

14 (1) will support State efforts to address the demand 

15 for contact tracing and pandemic response positions 

16 with respect to— 

17 (A) the State plans referred to in the head18 ing ‘‘Public Health and Social Services Emer19 gency Fund’’ in title I of division B of the Pay20 check Protection Program and Health Care En21 hancement Act (Public Law 116–139); and 

22 (B) the number of eligible individuals that 

23 the State plans to recruit, train, and employ 

24 under the plans described in subparagraph (A); 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 3828 IS

1 (3) the specific strategies for recruiting, place2 ment, and employment of eligible individuals from or 

3 residing within the communities in which they will 

4 work, including— 

5 (A) plans for the recruitment of eligible in6 dividuals to serve in contact tracing or pan7 demic response positions, including dislocated 

8 workers, individuals with barriers to employ9 ment, veterans, new entrants in the workforce, 

10 self-employed individuals who are unemployed 

11 as a result of COVID–19, or underemployed or 

12 furloughed workers, who are from or reside in 

13 or near the locality in which they will serve, and 

14 who, to the extent practicable— 

15 (i) have experience or a background in 

16 industry sectors and occupations such as 

17 public health, social services, customer 

18 service, case management, or occupations 

19 that require related qualifications, skills, or 

20 competencies, such as strong interpersonal 

21 and communication skills, needed for con22 tact tracing or pandemic response posi23 tions; or 

24 (ii) seek to transition to public health 

25 and public health related occupations upon 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 3828 IS

1 the conclusion of employment in contact 

2 tracing or pandemic response positions; 

3 and 

4 (B) how such strategies will take into ac5 count the diversity of such community, includ6 ing racial, ethnic, socioeconomic, linguistic, or 

7 geographic diversity; 

8 (4) the amount, timing, and mechanisms for 

9 distribution of funds provided to local units of gov10 ernment or through subgrants as described in sub11 section (d)(2)(A) or (e); 

12 (5) for eligible entities described in subpara13 graph (A) or (B) of subsection (a)(4), a description 

14 of how the eligible entity will ensure the equitable 

15 distribution of funds with respect to— 

16 (A) geography (such as urban and rural 

17 distribution); 

18 (B) medically underserved populations; 

19 (C) health professional shortage areas; and 

20 (D) the racial and ethnic diversity of the 

21 area; and 

22 (6) for eligible entities described in subsection 

23 (a)(4)(C), a description of how a grant to such eligi24 ble entity would serve the equitable distribution of 

25 funds as described in paragraph (5); and 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 3828 IS

1 (7) how the eligible entity will collaborate with 

2 State boards and local boards, the unemployment 

3 compensation system of the State, and the employ4 ment service offices (providing services under the 

5 Wagner-Peyser Act (29 U.S.C. 50 et seq.)) of the 

6 State regarding the State reemployment services and 

7 eligibility assessment activities and the activities pro8 vided under this section. 

9 (d) GRANT DISTRIBUTION.— 

10 (1) FEDERAL DISTRIBUTION.— 

11 (A) USE OF FUNDS.— The Secretary shall 

12 use the funds appropriated to carry out this 

13 section as follows: 

14 (i) Subject to clause (ii), the Secretary 

15 shall distribute funds among eligible enti16 ties that submit a complete application 

17 under subsection (c) in accordance with a 

18 formula to be established by the Secretary 

19 that— 

20 (I) provides a minimum level of 

21 funding to each eligible entity that 

22 submits a complete application; and 

23 (II) allocates additional funding 

24 as follows: 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 3828 IS

1 (aa) The formula shall give 

2 first priority based on the num3 ber and proportion of contact 

4 tracing or pandemic response po5 sitions for which the eligible enti6 ty plans to recruit, place, train, 

7 and employ individuals as a part 

8 of the State strategy described in 

9 subsection (c)(2)(A). 

10 (bb) The formula shall give 

11 second highest priority to appli12 cations that will serve States, ter13 ritories, Indian Tribes, or Native 

14 Hawaiian populations that have 

15 the highest unemployment rates, 

16 as determined based on the most 

17 recent data available. 

18 (cc) The formula shall give 

19 third highest priority to appli20 cants proposing to serve popu21 lations in one or more geographic 

22 regions with a high burden of 

23 COVID–19 based on data pro24 vided by the Centers for Disease 

25 Control and Prevention, or other 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 3828 IS

1 sources as determined by the 

2 Secretary. 

3 (dd) The formula shall give 

4 fourth highest priority to appli5 cants preparing for, or currently 

6 working to mitigate, a COVID– 

7 19 surge in a geographic region 

8 that does not yet have a high 

9 number of reported cases of 

10 COVID–19 based on data pro11 vided by the Centers for Disease 

12 Control and Prevention, or other 

13 sources as determined by the 

14 Secretary. 

15 (ee) The formula shall give 

16 fifth highest priority to appli17 cants proposing to serve high 

18 numbers of low-income and unin19 sured populations, including 

20 medically underserved popu21 lations, health professional short22 age areas, racial and ethnic mi23 norities, or geographically diverse 

24 areas, as determined by the Sec25 retary. 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 3828 IS

1 (ii) Not more than 2 percent of the 

2 funding for administration of the grants 

3 and for providing technical assistance to 

4 recipients of funds under this section. 

5 (B) EQUITABLE DISTRIBUTION.—If the ge6 ographic region served by one or more eligible 

7 entities overlaps, the Secretary shall distribute 

8 funds among such entities in such a manner 

9 that ensures equitable distribution with respect 

10 to the factors under subsection (c)(5). 

11 (2) ELIGIBLE ENTITY USE OF FUNDS.—An eli12 gible entity described in subsection (a)(4)(A)— 

13 (A) shall, not later than 30 days after the 

14 date on which the entity receives grant funds 

15 under this section, use not less than 40 percent 

16 of grant funds to award subgrants to units of 

17 local government for the purpose of carrying 

18 out activities described in subsection (f); 

19 (B) may use not more than 5 percent of 

20 such funds to make subgrants to community21 based organizations in the service area to con22 duct outreach, to potential eligible individuals, 

23 as described in subsection (e); 

24 (C) in providing subgrants to units of local 

25 government under subparagraph (A) and 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 3828 IS

1 awarding subgrants under subsection (e), shall 

2 ensure the equitable distribution with respect to 

3 the factors described in subsection (c)(5); and 

4 (D) may use not more than 10 percent of 

5 the funds awarded under this section for the 

6 administrative costs of carrying out the grant 

7 and for providing technical assistance to local 

8 units of government and community-based or9 ganizations. 

10 (e) OUTREACH AND EDUCATION SUBGRANT AU11 THORIZATION AND APPLICATION PROCESS.— 

12 (1) IN GENERAL.—An eligible entity receiving a 

13 grant under this section may use a portion of such 

14 funds to award a subgrant to one or more commu15 nity-based organizations for the purposes of 

16 partnering with an eligible entity to conduct out17 reach and education activities to inform potentially 

18 eligible individuals about employment opportunities 

19 in contact tracing or pandemic response positions. 

20 (2) APPLICATION.—A community-based organi21 zation desiring a subgrant under this subsection 

22 shall submit an application at such time and in such 

23 manner as the eligible entity may reasonably require, 

24 including— 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 3828 IS

1 (A) a demonstration of the community2 based organization’s established expertise and 

3 effectiveness in community outreach in the lo4 cality that such organization plans to serve; 

5 (B) a demonstration of the community6 based organization’s expertise in providing em7 ployment or information to the locality in which 

8 such organization plans to serve; and 

9 (C) a description of the expertise of the 

10 community-based organization in utilizing cul11 turally competent and multilingual strategies in 

12 the provision of services. 

13 (f) ELIGIBLE ACTIVITIES.—An eligible entity receiv14 ing a grant, or a unit of local government receiving a 

15 subgrant from an eligible entity, under this section shall 

16 use such grant or subgrant funds— 

17 (1) to support the recruitment and placement of 

18 eligible individuals; 

19 (2) to employ eligible individuals in contact 

20 training or pandemic response positions; 

21 (3) to support the training and employment 

22 transition as related to contact tracing or pandemic 

23 response positions; and 

24 (4) for the following activities: 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 3828 IS

1 (A) Establishing or expanding training 

2 partnerships with— 

3 (i) community-based health providers, 

4 including community health centers and 

5 rural health clinics; 

6 (ii) labor organizations or joint labor 

7 management organizations; 

8 (iii) 2-year and 4-year institutions of 

9 higher education (as defined in section 101 

10 of the Higher Education Act of 1965 (20 

11 U.S.C. 1001)), including institutions eligi12 ble to receive funds under section 371(a) 

13 of the Higher Education Act of 1965 (20 

14 U.S.C. 1067q(a)); and 

15 (iv) community action agencies or 

16 other community-based organizations serv17 ing localities in which there is a demand 

18 for contact tracing or pandemic response 

19 positions. 

20 (B) Providing training for contact tracing 

21 or pandemic response positions in coordination 

22 with State, local, Tribal, or territorial health 

23 departments that is consistent with the State or 

24 territorial testing and contact tracing strategy 

25 and ensuring that eligible individuals receive 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•S 3828 IS

1 compensation while participating in such train2 ing. 

3 (C) Providing eligible individuals with— 

4 (i) adequate and safe equipment, envi5 ronments, and facilities for training and 

6 supervision, as applicable; 

7 (ii) supplies and equipment needed by 

8 the program participants to support place9 ment of an individual in contact tracing or 

10 pandemic response positions, as applicable; 

11 and 

12 (iii) services for the period during 

13 which the individual is employed in a con14 tact tracing or pandemic response position 

15 to ensure job retention, which may in16 clude— 

17 (I) supportive services through18 out the term of employment; or 

19 (II) a continuation of skills train20 ing as related to employment in a con21 tact tracing or pandemic response po22 sition, that is conducted in collabora23 tion with the employers of such par24 ticipants. 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•S 3828 IS

1 (5) Supporting the transition and placement in 

2 unsubsidized employment for eligible individuals 

3 serving in the contact tracing or pandemic response 

4 positions after such positions are no longer nec5 essary in the State or locality, which may include— 

6 (A) providing additional disaster relief em7 ployment and employment and training activi8 ties described in subparagraphs (A) and (C) of 

9 section 170(d)(1) of the Workforce Innovation 

10 and Opportunity Act (29 U.S.C. 3225(d)(1)) 

11 and services described in section 7(a)(1) of the 

12 Wagner-Peyser Act (29 U.S.C. 49f(a)(1)); 

13 (B) providing services to assist eligible in14 dividuals in maintaining employment for not 

15 less than 12 months after the completion of em16 ployment in contact tracing or pandemic re17 sponse positions, as appropriate; and 

18 (C) assisting eligible individuals in obtain19 ing other employment directly with the eligible 

20 entity, or with a unit of local government, after 

21 serving in a contact tracing or pandemic re22 sponse position supported under this section, by 

23 paying for the costs of not more than 10 per24 cent of the total compensation provided by the 

25 eligible entity or unit of local government to 


pbinns on DSKJLVW7X2PROD with BILLS
19 

•S 3828 IS

1 such eligible individual for a period of not more 

2 than the first year in which the individual is so 

3 employed, if such employment is not otherwise 

4 subsidized under this or any other Act. 

5 (g) REQUIREMENTS FOR TRANSITION BACK TO UN6 EMPLOYMENT COMPENSATION.—As a condition of an eli7 gible entity that is a State receiving a grant under this 

8 section, the State law (as defined in section 205 of the 

9 Federal-State Extended Unemployment Compensation Act 

10 of 1970 (26 U.S.C. 3304 note)) of the State shall, in the 

11 case of an individual who is receiving unemployment com12 pensation under at the time the individual enrolls in a pro13 gram funded under the grant, provide for the following: 

14 (1) Such individual shall be eligible to resume 

15 receiving unemployment compensation after leaving 

16 such program if the individual is unemployed. 

17 (2) The amount of the weekly benefit amount 

18 for such individual shall be the greater of— 

19 (A) the weekly benefit amount such indi20 vidual was receiving when such individual en21 tered the program; or 

22 (B) a weekly benefit amount that is deter23 mined based on such individual’s earnings from 

24 employment under the program. 

25 (h) LIMITATIONS.— 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•S 3828 IS

1 (1) EXTENSION OF PERIOD FOR CONTACT

2 TRACING OR PANDEMIC RESPONSE POSITIONS.—A 

3 person may be employed in a contact tracing or pan4 demic response position using funds under this sec5 tion for a period not greater than 2 years. 

6 (2) PROHIBITION OF DISPLACEMENT.—An indi7 vidual placed in a contact tracing or pandemic re8 sponse position under this section shall not displace 

9 (including a partial displacement, such as a reduc10 tion in the hours of nonovertime work, wages, or em11 ployment benefits)— 

12 (A) any employee of the eligible entity; or 

13 (B) any contractor, or employee of any 

14 contractor, of the eligible entity. 

15 (i) REPORTING BY THE DEPARTMENT OF LABOR.— 

16 (1) IN GENERAL.—Not later than 120 days of 

17 the enactment of this Act, and once grant funds 

18 have been expended under this section, the Secretary 

19 shall report to the Committee on Health, Education, 

20 Labor, and Pensions of the Senate and the Com21 mittee on Education and Labor of the House of 

22 Representatives, and make publicly available, a re23 port containing a description of— 

24 (A) the number of eligible individuals re25 cruited, hired, and trained for contact tracing 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•S 3828 IS

1 or pandemic response positions under this sec2 tion; 

3 (B) the number of individuals successfully 

4 transitioned to unsubsidized employment or 

5 training at the completion of employment in 

6 contact tracing or pandemic response positions 

7 using funds under this Act; 

8 (C) the number of such individuals who 

9 were unemployed prior to being hired or trained 

10 as described in subparagraph (A); 

11 (D) the performance of each program sup12 ported by funds under this Act with respect to 

13 the indicators of performance under section 116 

14 of the Workforce Innovation and Opportunity 

15 Act (29 U.S.C. 3141), as applicable; 

16 (E) the number of individuals in unsub17 sidized employment within 6 months and 1 

18 year, respectively, of the conclusion of employ19 ment in contact tracing or pandemic response 

20 positions, the quarterly wages, and number of 

21 hours worked per week, of such individuals, 

22 and, of those individuals, the number of individ23 uals within a State, territorial, or local public 

24 health department in an occupation related to 

25 public health; and 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•S 3828 IS

1 (F) any information on how eligible enti2 ties, units of local government, or community3 based organizations that received funding under 

4 this section were able to support the goals of 

5 the national system for COVID–19 testing, con6 tact tracing, surveillance, containment, and 

7 mitigation established under section 6. 

8 (2) DISAGGREGATION.—All data reported under 

9 paragraph (1) shall be disaggregated by race, eth10 nicity, sex, age, and, with respect to individuals with 

11 barriers to employment, subpopulation of such indi12 viduals, except for when the number of participants 

13 in a category is insufficient to yield statistically reli14 able information or when the results would reveal 

15 personally identifiable information about an indi16 vidual participant. 

17 (j) SPECIAL RULE.—Any funds used for programs 

18 under this section that are used to fund an apprenticeship 

19 or apprenticeship program shall only be used for, or pro20 vided to, an apprenticeship or apprenticeship program 

21 that meets the definition of such term in subsection (a), 

22 including any funds awarded for the purposes of grants, 

23 contracts, or cooperative agreements, or the development, 

24 implementation, or administration, of an apprenticeship or 

25 an apprenticeship program. 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•S 3828 IS

1 (k) INFORMATION SHARING REQUIREMENT FOR

2 HHS.—The Secretary of Health and Human Services, 

3 acting through the Director of the Centers for Disease 

4 Control and Prevention, shall provide the Secretary of 

5 Labor, acting through the Assistant Secretary of the Em6 ployment and Training Administration, with information 

7 on grants under section 7, including— 

8 (1) the formula used to award such grants to 

9 State, local, Tribal, and territorial health depart10 ments; 

11 (2) the dollar amounts of and scope of the work 

12 funded under such grants; 

13 (3) the geographic areas served by eligible enti14 ties that receive such grants; and 

15 (4) the number of individual to be hired in con16 tact tracing or pandemic response positions using 

17 such grants. 

18 (l) AUTHORIZATION OF APPROPRIATIONS.—Of the 

19 amounts appropriated to carry out this Act under section 

20 9, $100,000,000,000 shall be used by the Secretary to 

21 carry out subsections (a) through (h). 

22 SEC. 4. SERVICE CONTRACT ACT APPLICATION. 

23 Contracts and grants that include contact tracing or 

24 other pandemic response activities as part of the scope of 

25 work and that are awarded under this Act shall require 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•S 3828 IS

1 that individuals in contact tracing and pandemic response 

2 positions are paid not less than the prevailing wage and 

3 fringe rates required under chapter 67 of title 41, United 

4 States Code (commonly known as the ‘‘Service Contract 

5 Act’’) for the area in which the work is performed. To 

6 the extent that a nonstandard wage determination is re7 quired to establish a prevailing wage for contact tracing 

8 or pandemic response positions for purposes of this Act, 

9 the Secretary of Labor shall issue such determination not 

10 later than 14 days after the date of enactment of this Act, 

11 based on a job description used by the Centers for Disease 

12 Control and Prevention and contractors or grantees per13 forming contact tracing or pandemic response activities 

14 for State public health agencies. 

15 SEC. 5. AWARENESS CAMPAIGNS. 

16 (a) IN GENERAL.—The Secretary of Health and 

17 Human Services, acting through the Director of the Cen18 ters for Disease Control and Prevention and in coordina19 tion with other offices and agencies, as appropriate, shall 

20 award competitive grants or contracts to one or more pub21 lic entities to carry out multilingual and culturally appro22 priate awareness campaigns. Such campaigns shall— 

23 (1) be based on available scientific evidence; 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•S 3828 IS

1 (2) increase awareness and knowledge of 

2 COVID–19, including countering stigma associated 

3 with COVID–19; 

4 (3) improve information on the availability of 

5 COVID–19 diagnostic testing; 

6 (4) promote cooperation with contact tracing ef7 forts; and 

8 (5) promote employment opportunities per9 forming contact tracing and other pandemic re10 sponse activities. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the 

12 amounts appropriated to carry out this Act under section 

13 9, $5,000,000,000 shall be used by the Secretary to carry 

14 out this section. 

15 SEC. 6. NATIONAL SYSTEM FOR COVID–19 TESTING, CON16 TACT TRACING, SURVEILLANCE, CONTAIN17 MENT, AND MITIGATION. 

18 (a) IN GENERAL.—The Secretary of Health and 

19 Human Services, acting through the Director of the Cen20 ters for Disease Control and Prevention, and in coordina21 tion with the applicable offices of the Department of 

22 Health and Human Services and State, local, Tribal, and 

23 territorial health departments, shall establish and imple24 ment a nationwide evidence-based system for— 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•S 3828 IS

1 (1) testing, contact tracing, surveillance, con2 tainment, and mitigation with respect to COVID–19; 

3 (2) offering guidance on voluntary isolation and 

4 quarantine of individuals infected with, or exposed to 

5 individuals infected with, the virus that causes 

6 COVID–19; and 

7 (3) public reporting on testing, contact tracing, 

8 surveillance, and voluntary isolation and quarantine 

9 activities with respect to COVID–19. 

10 (b) COORDINATION; TECHNICAL ASSISTANCE.—In 

11 carrying out the national system under this section, the 

12 Secretary of Health and Human Services shall— 

13 (1) coordinate State, local, Tribal, and terri14 torial activities related to testing, contact tracing, 

15 surveillance, containment, and mitigation with re16 spect to COVID–19, as appropriate; and 

17 (2) provide technical assistance for such activi18 ties, as appropriate. 

19 (c) CONSIDERATION.—In establishing and imple20 menting the national system under this section, the Sec21 retary of Health and Human Services shall take into con22 sideration the State and Tribal plans referred to in the 

23 heading ‘‘Public Health and Social Services Emergency 

24 Fund’’ in title I of division B of the Paycheck Protection 


pbinns on DSKJLVW7X2PROD with BILLS
27 

•S 3828 IS

1 Program and Health Care Enhancement Act (Public Law 

2 116–139). 

3 (d) REPORTING.—The Secretary of Health and 

4 Human Services shall— 

5 (1) not later than December 31, 2020, submit 

6 to the Committee on Health, Education, Labor, and 

7 Pensions of the Senate and the Committee on En8 ergy and Commerce of the House of Representatives 

9 a preliminary report on the effectiveness of the ac10 tivities carried out pursuant to this Act; and 

11 (2) not later than December 21, 2021, submit 

12 to such committees a final report on such effective13 ness. 

14 SEC. 7. HEALTH DEPARTMENT GRANTS. 

15 (a) DEFINITION OF SECRETARY.—In this section, the 

16 term ‘‘Secretary’’ means the Secretary of Health and 

17 Human Services. 

18 (b) GRANTS AUTHORIZED.—To implement the na19 tional system under section 6, the Secretary, acting 

20 through the Director of the Centers for Disease Control 

21 and Prevention, shall, subject to the availability of appro22 priations, award grants to State, local, Tribal, and terri23 torial health departments that seek grants under this sec24 tion to carry out coordinated testing, contact tracing, surVerDate Sep 11 2014 02:24 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3828.IS S3828

pbinns on DSKJLVW7X2PROD with BILLS
28 

•S 3828 IS

1 veillance, containment, and mitigation with respect to 

2 COVID–19, including— 

3 (1) diagnostic and surveillance testing and re4 porting; 

5 (2) community-based contact tracing efforts; 

6 and 

7 (3) policies related to voluntary isolation and 

8 quarantine of individuals infected with, or exposed to 

9 individuals infected with, the virus that causes 

10 COVID–19. 

11 (c) FLEXIBILITY.—The Secretary shall ensure that— 

12 (1) the grants under subsection (b) provide 

13 flexibility for State, local, Tribal, and territorial 

14 health departments to modify, establish, or maintain 

15 evidence-based systems; and 

16 (2) local health departments receive funding 

17 from State health departments or directly from the 

18 Centers for Disease Control and Prevention to con19 tribute to such systems, as appropriate. 

20 (d) ALLOCATIONS.— 

21 (1) FORMULA.—The Secretary, acting through 

22 the Director of the Centers for Disease Control and 

23 Prevention, shall allocate amounts made available 

24 pursuant to subsection (b) in accordance with a for25 mula, to be established by the Secretary, that— 


pbinns on DSKJLVW7X2PROD with BILLS
29 

•S 3828 IS

1 (A) provides a minimum level of funding to 

2 each State, local, Tribal, and territorial health 

3 department that seeks a grant under this sec4 tion; and 

5 (B) allocates additional funding based on 

6 the following prioritization: 

7 (i) The Secretary shall give highest 

8 priority to applicants proposing to serve 

9 populations in one or more geographic re10 gions with a high burden of COVID–19 

11 based on data provided by the Centers for 

12 Disease Control and Prevention, or other 

13 sources as determined by the Secretary. 

14 (ii) The Secretary shall give second 

15 highest priority to applicants preparing 

16 for, or currently working to mitigate, a 

17 COVID–19 surge in a geographic region 

18 that does not yet have a high number of 

19 reported cases of COVID–19 based on 

20 data provided by the Centers for Disease 

21 Control and Prevention, or other sources 

22 as determined by the Secretary. 

23 (iii) The Secretary shall give third 

24 highest priority to applicants proposing to 

25 serve high numbers of low-income and unVerDate Sep 11 2014 03:39 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3828.IS S3828

pbinns on DSKJLVW7X2PROD with BILLS
30 

•S 3828 IS

1 insured populations, including medically 

2 underserved populations, health profes3 sional shortage areas, racial and ethnic mi4 norities, or geographically diverse areas, as 

5 determined by the Secretary. 

6 (2) NOTIFICATION.—Not later than the date 

7 that is 7 days before first awarding grants under 

8 this section, the Secretary shall submit to the Com9 mittee on Health, Education, Labor, and Pensions 

10 of the Senate and the Committee on Energy and 

11 Commerce of the House of Representatives a notifi12 cation detailing the formula established under para13 graph (1) for allocating amounts made available pur14 suant to subsection (b). 

15 (e) USE OF FUNDS.—A State, local, Tribal, or terri16 torial health department receiving a grant under this sec17 tion shall, to the extent possible, use the grant funds for 

18 activities determined appropriate by the Director of the 

19 Centers for Disease Control and Prevention (in coordina20 tion with Tribal health organizations) to implement the 

21 national system under section 6. 

22 (f) REPORTING.— 

23 (1) IN GENERAL.—The Secretary shall facilitate 

24 mechanisms for timely, standardized reporting by 

25 grantees under this section regarding implementaVerDate Sep 11 2014 02:24 Jun 17, 2020 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3828.IS S3828

pbinns on DSKJLVW7X2PROD with BILLS
31 

•S 3828 IS

1 tion of the systems established under this section 

2 and coordinated processes with the reporting as re3 quired under the heading ‘‘Public Health and Social 

4 Service Emergency Fund’’ in title I of division B of 

5 the Paycheck Protection Program and Health Care 

6 Enhancement Act (Public Law 116–139, 134 Stat. 

7 620), including— 

8 (A) a summary of county or local health 

9 department level information from the entities 

10 receiving funding under this section about the 

11 activities that will be undertaken using funding 

12 awarded under this section, including sub13 grants; and 

14 (B) any barriers in the prevention, testing, 

15 mitigation, or treatment of COVID–19 under 

16 this section. 

17 (2) TRIBAL DATA SOVEREIGNTY.—The Sec18 retary shall consult with Indian Tribes and Tribal 

19 organizations and coordinate with Tribal health or20 ganizations to ensure that any reporting process 

21 under this section honors and preserves the data 

22 sovereignty of individuals who are members of In23 dian Tribes or Tribal organizations (as such terms 

24 are defined in section 166 of the Workforce Innova25 tion and Opportunity Act (29 U.S.C. 3221)), includVerDate Sep 11 2014 03:39 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S3828.IS S3828

pbinns on DSKJLVW7X2PROD with BILLS
32 

•S 3828 IS

1 ing individuals who are members of Native Hawaiian 

2 organizations (as defined in such section 166), and 

3 urban Indian organizations. 

4 (g) PUBLIC LISTING OF AWARDS.—The Secretary 

5 shall— 

6 (1) not later than 7 days after first awarding 

7 grants under this section, post in a searchable, elec8 tronic format a list of all awards made by the Sec9 retary under this section, including the recipients 

10 and amounts of such awards; and 

11 (2) update such list not less than once every 7 

12 days until all funds made available to carry out this 

13 section are expended. 

14 (h) AUTHORIZATION OF APPROPRIATIONS.—Of the 

15 amounts appropriated to carry out this Act under section 

16 9, $15,000,000,000 shall be used by the Secretary to carry 

17 out this section. 

18 SEC. 8. GUIDANCE AND TECHNICAL ASSISTANCE. 

19 (a) DEPARTMENT OF HEALTH AND HUMAN SERV20 ICES GUIDELINES.— 

21 (1) IN GENERAL.—Not later than 14 days after 

22 the date of the enactment of this Act, the Secretary 

23 of Health and Human Services, in coordination with 

24 the heads of other Federal agencies as appropriate, 

25 shall issue guidance, provide technical assistance, 


pbinns on DSKJLVW7X2PROD with BILLS
33 

•S 3828 IS

1 and provide information to States, units of local gov2 ernment, Tribes, and territories, with respect to the 

3 following: 

4 (A) Best practices regarding contact trac5 ing, including the collection of data with respect 

6 to such contact tracing and requirements re7 lated to the standardization of demographic and 

8 syndromic information collected as part of con9 tact tracing efforts. 

10 (B) Best practices regarding COVID–19 

11 disease surveillance, including best practices to 

12 reduce duplication in surveillance activities, 

13 identifying gaps in surveillance and surveillance 

14 systems, and ways in which the Secretary of 

15 Health and Human Services plans to effectively 

16 support State, local, Tribal and territorial 

17 health departments in addressing such gaps. 

18 (C) Information on ways for State, local, 

19 Tribal, and territorial health departments to es20 tablish and maintain the contact tracing and 

21 surveillance activities described in subpara22 graphs (A) and (B). 

23 (D) Best practices regarding privacy and 

24 cybersecurity protection related to contact trac25 ing, containment, and mitigation efforts. 


pbinns on DSKJLVW7X2PROD with BILLS
34 

•S 3828 IS

1 (2) COMMUNICATION.—The Secretary of Health 

2 and Human Services shall identify and publicly an3 nounce the form and manner for communication 

4 with State, local, Tribal, and territorial health de5 partments for purposes of carrying out the activities 

6 addressed by guidance issued under paragraph (1). 

7 (b) LABOR AND WORKPLACE RELATED GUIDANCE.— 

8 Not later than 14 days after the date of enactment of this 

9 Act, the Secretary of Labor, acting through the Assistant 

10 Secretary of Labor for Occupational Safety and Health, 

11 shall provide guidance and technical assistance regarding 

12 how to provide individuals in contact tracing and pan13 demic response positions with healthy and safe working 

14 conditions. 

15 (c) ONGOING PROVISION OF GUIDANCE AND TECH16 NICAL ASSISTANCE.—Notwithstanding whether funds are 

17 available specifically to carry out this Act, guidance and 

18 technical assistance shall continue to be provided under 

19 this section. 

20 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to carry out 

22 this Act, $125,000,000,000 to remain available until ex23 pended. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS