OPPOSE H​.​R. 6666, the COVID–19 Testing, Reaching, And Contacting Everyone (TRACE) Act

H.R. 6666, otherwise known as the COVID-19 Testing, Reaching, and Contacting Everyone (TRACE) Act, was introduced and referred to the House Committee on Energy and Commerce on 5/1/2020. This bill is sponsored by Representative Bobby Rush (D) of Illinois District 1. The bill has 59 cosponsors, 58 Democrats and 1 Republican.

Summary

H.R. 6666 provides 100 billion dollars this year and unlimited federal funding in future years to create and operate a massive and likely unconstitutional surveillance, testing, and tracing enforcement system under the guise of “protecting” Americans against coronavirus.

H.R. 6666 is a federal funding bill. It proposes to create a surveillance infrastructure that can be used by the federal government, as well as local and state governments and private businesses, to require medical testing and tracking of all citizens in violation of fundamental civil liberties as set forth in the Bill of Rights, which include the first 10 amendments to the U.S. Constitution designed to protect individual rights and limit the power of the government.

H.R. 6666 lacks safeguards and conditions related to funding of the proposed surveillance operation to prevent it from being applied to intrusive programs mandating testing and surveillance without an individual’s voluntary consent. If this legislation is passed by Congress and enacted into law, it could lead to denial of an individual’s right to appear in public spaces and travel; the right to employment and education or participation in government-funded services, and the right to receive care in a government funded hospital or other any other medical facility.

H.R. 6666 specifically allows for funded entities to home quarantine a person against their will, even while they are healthy. Once a vaccine is available, the testing and tracing results potentially could be used to force individuals to be injected with a COVID-19 vaccine against their will.

According to a Press Release from the sponsor Congressman Bobby L. Rush, “Reopening our economy and getting back to normal will be all but impossible if we do not step up our testing efforts and implement robust and widespread contact tracing,” said Rep. Rush. “Until we have a vaccine to defeat this dreaded disease, contact tracing in order to understand the full breadth and depth of the spread of this virus is the only way we will be able to get out from under this.”

The Devil is in the Details

H.R. 6666 would allow The Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to award federal grants to eligible entities to conduct diagnostic testing for COVID–19, to trace and monitor the contacts of infected individuals, and to support the quarantine of such contacts. Through the use of mobile health units, as necessary, individuals would be tested and provided with services related to testing and quarantine at their residences.

The amount of money appropriated for fiscal year 2020 would be $100,000,000,000 (one hundred billion dollars) and more money may be appropriated by Congress as necessary for any subsequent fiscal year during which the emergency period continues.

A grant recipient may use the federal grant funds, in support of the above referenced activities to hire, train, compensate, and pay the expenses of individuals; and to purchase personal protective equipment and other supplies.

Priority will be given to applicants in “hot spots” and medically underserved communities and to entities that hire residents of the community where the activity will occur. Hot spots are defined as a geographic area where the rate of infection with the virus that causes COVID–19 exceeds the national average. Medically underserved communities are communities given that term in section 799B of the Public Health Service Act (42 U.S.C. 295p).

Entities eligible for the grant money are defined as a federally qualified health center, school-based clinic, disproportionate share hospital, academic medical center, nonprofit organization, institute of higher education, high school, and any other type of entity as determined by the Secretary of HHS.

H.R. 6666 Does Not Guarantee Privacy

Section 2 (e) of H.R. 6666 is entitled “Federal Privacy Requirements”, but it does little to protect privacy. It states that “Nothing in this section shall be construed to supersede any Federal privacy or confidentiality requirement, including the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 2033) and section 543 of the Public Health Service Act (42 U.S.C. 290dd–2).

In actuality, H.R. 6666 offers few privacy protections for Americans who will be surveilled and tested without their consent under programs funded with this grant. In fact, Americans can expect their privacy to be violated under TRACE funded programs. That is because the Health Insurance Portability and Accountability Act of 1996 (HIPAA) 45 CFR 164.512(b)(1)(i) has always allowed disclosure of private health information to government officials and other government approved entities including foreign governments without the knowledge or consent of the individual for the purpose of conducting public health surveillance, investigations or interventions.

Bill of Rights Cannot Be Suspended During A “Public Health Crisis”

The Bill of Rights in the U.S. Constitution cannot be set aside by the federal government or state governments during pandemics or other public health emergencies. In The United States Statement of Interest in Support of Plaintiffs, filed by the Department of Justice (DOJ) in a case last month in which church goers attending a drive-in sermon were issued citations for violating an executive order in Mississippi, the DOJ stated;