SEC. 2. GRANTS TO STATE, LOCAL, TRIBAL, OR TERRI-
TORIAL HEALTH DEPARTMENTS FOR COVID– 
19 CONTAINMENT AND MITIGATION FOR ES-
SENTIAL WORKERS. 
(a) PROGRAM.—The Secretary, acting through the 
Director of the Centers for Disease Control and Preven-
tion and in consultation with the Director of the National 
Institute for Occupational Safety and Health and Assist-
ant Secretary for Occupational Safety and Health, shall 
establish a COVID–19 containment and mitigation for es-
sential workers program consisting of awarding grants 
under subsection (b). 
(b) GRANTS.—For the purpose of improving essential 
worker safety, the Secretary— 
(1) shall award a grant to each State health de-
partment; and 
(2) may award grants on a competitive basis to 
State, local, Tribal, or territorial health depart-
ments. 
(c) USE OF FUNDS.—A State, local, Tribal, or terri-
torial health department receiving a grant under sub-
section (b) shall use the grant funds— 
(1) to purchase or procure personal protective 
equipment and rapid testing equipment and supplies 
for distribution to employers of essential workers, in-
cluding public employers; or 
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(2) to support the implementation of other 
workplace safety measures for use in containment 
and mitigation of COVID–19 transmission among 
essential workers in their workplaces, including 
workplaces of public employers. 
(d) FORMULA GRANTS TO STATE HEALTH DEPART-
MENTS.—In making grants under subsection (b)(1), the 
Secretary shall award funds to each State health depart-
ment in accordance with a formula based on overall popu-
lation size, essential workers population size, and burden 
of COVID–19. 
(e) COMPETITIVE GRANTS TO STATE, LOCAL, TRIB-
AL, AND
TERRITORIAL
HEALTH
DEPARTMENTS.—In 
making grants under subsection (b)(2), the Secretary shall 
give priority to applicants demonstrating a commitment 
to containing and mitigating COVID–19 among racial and 
ethnic minority groups who are disproportionately rep-
resented in essential worker settings. 
(f) NO DUPLICATIVE ASSISTANCE.—The Secretary 
may not provide, and a State, local, Tribal, or territorial 
health department or employer of essential workers may 
not accept, assistance under this section for containment 
and mitigation of COVID–19 transmission among essen-
tial workers in their workplaces with respect to which— 
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(1) the State, local, Tribal, or territorial health 
department or employer of essential workers receives 
assistance from other sources for such purposes; or 
(2) other sources are obligated to provide as-
sistance to such health department or employer for 
such purposes. 
(g) TECHNICAL ASSISTANCE.—In carrying out the 
program under this section, the Secretary shall provide 
technical assistance to State, local, Tribal, or territorial 
health departments. 
(h) REPORT.—No later than 90 days after the date 
of enactment of this Act, and every 90 days thereafter, 
the Secretary shall submit to the Committee on Energy 
and Commerce and the Committee on Education and 
Labor of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate 
a report on the activities funded through this section, in-
cluding— 
(1) the amount expended and the awardees 
under subsection (b)(1); 
(2) the amount expended and the awardees 
under subsection (b)(2); 
(3) the total amount remaining of the amounts 
appropriated or otherwise made available to carry 
out this section; and 
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(4) evaluating the progress of State, local, Trib-
al, and territorial health departments in reducing 
COVID–19 burden among essential workers. 
SEC. 3. CONSULTATION WITH ESSENTIAL WORKER EM-
PLOYERS AND ESSENTIAL WORKERS. 
(a) IN GENERAL.—In developing the COVID–19 con-
tainment and mitigation for essential workers program 
under section 2 and in determining criteria for distribu-
tion of competitive grants under section 2(b)(2), the Sec-
retary, acting through the Director of the Centers for Dis-
ease Control and Prevention and in consultation with the 
Director of the National Institute for Occupational Safety 
and Health, shall consult in advance with— 
(1) employers of essential workers; and 
(2) representatives of essential workers. 
(b) OPTIONAL ADVANCE CONSULTATION.—A State 
health department may, before receiving funds through a 
grant under section 2, consult with employers of essential 
workers and representatives of essential workers in deter-
mining— 
(1) priorities for the use of such funds; and 
(2) the distribution of COVID–19 containment 
and mitigation equipment and supplies. 
SEC. 4. DEFINITIONS. 
In this Act: 
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(1) 
CONTAINMENT
AND
MITIGATION.—The 
term ‘‘containment and mitigation’’ includes— 
(A) the use of— 
(i) personal protective equipment; and 
(ii) other protections, including ex-
panding or improving workplace infrastruc-
ture through engineering and work prac-
tice controls, such as ventilation systems, 
plexiglass partitions, air filters, and the 
use of hand sanitizer or sanitation sup-
plies; 
(B) access to medical evaluations, testing 
(including rapid testing), and contact tracing; 
and 
(C) other related activities or equipment 
recommended or required by the Director of 
Centers of Disease Control and Prevention or 
required pursuant to the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 651 et seq.) 
or a State plan approved pursuant to section 18 
of that Act (29 U.S.C. 667). 
(2) ESSENTIAL WORKER.—The term ‘‘essential 
worker’’ refers to— 
(A) the ‘‘essential critical infrastructure 
workers’’ identified in the Department of 
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Homeland Security’s ‘‘Advisory Memorandum 
on Ensuring Essential Critical Infrastructure 
Workers Ability to Work During the COVID– 
19 Response’’ released on August 18, 2020 (or 
any successor document); and 
(B) workers included as essential workers 
in executive orders issued by the Governor of a 
State. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(4) SMALL BUSINESS.—The term ‘‘small busi-
ness’’ means— 
(A) a small business concern described in 
section 31(b)(2)(C) of the Small Business Act 
(15 U.S.C. 657a(b)(2)(C)); or 
(B) an individual who operates— 
(i) under a sole proprietorship; 
(ii) as an independent contractor; or 
(iii) as an eligible self-employed indi-
vidual. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—To carry out this Act, there is au-
thorized to be appropriated $1,000,000,000, to remain 
available until expended. 
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(b) SMALL BUSINESSES.—Of the amounts made 
available to grantees pursuant to section 2, at least 
$250,000,000 shall be reserved for small businesses. 
Æ 
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