CDC Tribal Public Health Security and Preparedness Act

II 116TH CONGRESS 2D SESSION S. 3486 To improve State, local, and tribal public health security. IN THE SENATE OF THE UNITED STATES MARCH 12, 2020 Mr. UDALL introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve State, local, and tribal public health security. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘CDC Tribal Public 4 Health Security and Preparedness Act’’. 5 SEC. 2. IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC 6 HEALTH SECURITY. 7 Section 319C–1 of the Public Health Service Act (42 8 U.S.C. 247d–3a) is amended— 9 (1) in the section heading, by striking ‘‘AND 10 LOCAL’’ and inserting ‘‘, LOCAL, AND TRIBAL’’; 11 (2) in subsection (b)— 12 VerDate Sep 11 2014 03:37 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3486.IS S3486 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3486 IS (A) in paragraph (1)— 1 (i) in subparagraph (B), by striking 2 ‘‘or’’ at the end; 3 (ii) in subparagraph (C), by striking 4 ‘‘and’’ at the end and inserting ‘‘or’’; and 5 (iii) by adding at the end the fol- 6 lowing: 7 ‘‘(D) be an Indian tribe, tribal organiza- 8 tion, or a consortium of Indian tribes or tribal 9 organizations; and’’; and 10 (B) in paragraph (2)— 11 (i) in the matter preceding subpara- 12 graph (A), by inserting ‘‘, as applicable’’ 13 after ‘‘including’’; 14 (ii) in subparagraph (A)(viii)— 15 (I) by inserting ‘‘and tribal’’ 16 after ‘‘with State’’; 17 (II) by striking ‘‘(as defined in 18 section 8101 of the Elementary and 19 Secondary Education Act of 1965)’’ 20 and inserting ‘‘and tribal educational 21 agencies (as defined in sections 8101 22 and 6132, respectively, of the Elemen- 23 tary and Secondary Education Act of 24 1965)’’; and 25 VerDate Sep 11 2014 03:37 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3486.IS S3486 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3486 IS (III) by inserting ‘‘and tribal’’ 1 after ‘‘and State’’; 2 (iii) in subparagraph (G), by striking 3 ‘‘and tribal’’ and inserting ‘‘tribal, and 4 urban Indian organization’’; and 5 (iv) in subparagraph (H), by inserting 6 ‘‘, Indian tribes, and urban Indian organi- 7 zations’’ after ‘‘public health’’; 8 (3) in subsection (e), by inserting ‘‘Indian 9 tribes, tribal organizations, urban Indian organiza- 10 tions,’’ after ‘‘local emergency plans,’’; 11 (4) in subsection (h)— 12 (A) in paragraph (1)(A)— 13 (i) by striking ‘‘through 2023’’ and 14 inserting ‘‘and 2020’’; and 15 (ii) by inserting before the period ‘‘; 16 and $690,000,000 for each of fiscal years 17 2021 through 2023 for awards pursuant to 18 paragraph (3) (subject to the authority of 19 the Secretary to make awards pursuant to 20 paragraphs (4) and (5)) and paragraph 21 (8), of which not less than $5,000,000 22 shall be reserved each fiscal year for 23 awards under paragraph (8)’’; 24 VerDate Sep 11 2014 03:37 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3486.IS S3486 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3486 IS (B) in the heading of paragraph (3), by in- 1 serting ‘‘FOR STATES’’ after ‘‘AMOUNT’’; and 2 (C) by adding at the end the following: 3 ‘‘(8) TRIBAL ELIGIBLE ENTITIES.— 4 ‘‘(A) DETERMINATION OF FUNDING 5 AMOUNT.— 6 ‘‘(i) IN GENERAL.—The Secretary 7 shall award at least 10 cooperative agree- 8 ments under this section, in amounts not 9 less than the minimum amount determined 10 under clause (ii), to eligible entities de- 11 scribed in subsection (b)(1)(D) that sub- 12 mits to the Secretary an application that 13 meets the criteria of the Secretary for the 14 receipt of such an award and that meets 15 other reasonable implementation conditions 16 established by the Secretary, in consulta- 17 tion with Indian tribes, for such awards. If 18 the Secretary receives more than 10 appli- 19 cations under this section from eligible en- 20 tities described in subsection (b)(1)(D) 21 that meet the criteria and conditions de- 22 scribed in the previous sentence, the Sec- 23 retary, in consultation with Indian tribes, 24 VerDate Sep 11 2014 03:37 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3486.IS S3486 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3486 IS may make additional awards under this 1 section to such entities. 2 ‘‘(ii) MINIMUM AMOUNT.—In deter- 3 mining the minimum amount of an award 4 pursuant to clause (i), the Secretary, in 5 consultation with Indian tribes, shall first 6 determine an amount the Secretary con- 7 siders appropriate for the eligible entity. 8 ‘‘(B) AVAILABLE UNTIL EXPENDED.— 9 Amounts provided to a tribal eligible entity 10 under a cooperative agreement under this sec- 11 tion for a fiscal year and remaining unobligated 12 at the end of such year shall remain available 13 to such entity during the entirety of the per- 14 formance period, for the purposes for which 15 said funds were provided. 16 ‘‘(C) NO MATCHING REQUIREMENT.—Sub- 17 paragraphs (B), (C), and (D) of paragraph (1) 18 shall not apply with respect to cooperative 19 agreements awarded under this section to eligi- 20 ble entities described in subsection (b)(1)(D).’’; 21 and 22 (5) by adding at the end the following: 23 ‘‘(l) SPECIAL RULES RELATED TO TRIBAL ELIGIBLE 24 ENTITIES.— 25 VerDate Sep 11 2014 03:37 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3486.IS S3486 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3486 IS ‘‘(1) MODIFICATIONS.—After consultation with 1 Indian tribes, the Secretary may make necessary 2 and appropriate modifications to the program under 3 this section to facilitate the use of the cooperative 4 agreement program by eligible entities described in 5 subsection (b)(1)(D). 6 ‘‘(2) WAIVERS.— 7 ‘‘(A) IN GENERAL.—Except as provided in 8 subparagraph (B), the Secretary may waive or 9 specify alternative requirements for any provi- 10 sion of this section (including regulations) that 11 the Secretary administers in connection with 12 this section if the Secretary finds that the waiv- 13 er or alternative requirement is necessary for 14 the effective delivery and administration of this 15 program with respect to eligible entities de- 16 scribed in subsection (b)(1)(D). 17 ‘‘(B) EXCEPTION.—The Secretary may not 18 waive or specify alternative requirements under 19 subparagraph (A) relating to labor standards or 20 the environment. 21 ‘‘(3) CONSULTATION.—The Secretary shall con- 22 sult with Indian tribes and tribal organizations on 23 the design of this program with respect to such 24 tribes and organizations to ensure the effectiveness 25 VerDate Sep 11 2014 03:37 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3486.IS S3486 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3486 IS of the program in enhancing the security of Indian 1 tribes with respect to public health emergencies. 2 ‘‘(4) REPORTING.— 3 ‘‘(A) IN GENERAL.—Not later than 2 years 4 after the date of enactment of this subsection, 5 and as an addendum to the biennial evaluations 6 required under subsection (k), the Secretary, in 7 coordination with the Director of the Indian 8 Health Service, shall— 9 ‘‘(i) conduct a review of the implemen- 10 tation of this section with respect to eligi- 11 ble entities described in subsection 12 (b)(1)(D), including any factors that may 13 have limited its success; and 14 ‘‘(ii) submit a report describing the 15 results of the review described in clause (i) 16 to— 17 ‘‘(I) the Committee on Indian Af- 18 fairs, the Committee on Health, Edu- 19 cation, Labor, and Pensions, and the 20 Committee on Appropriations of the 21 Senate; and 22 ‘‘(II) the Subcommittee on Indig- 23 enous People of the Committee on 24 Natural Resources, the Committee on 25 VerDate Sep 11 2014 03:37 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3486.IS S3486 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3486 IS Energy and Commerce, and the Com- 1 mittee on Appropriations of the House 2 of Representatives. 3 ‘‘(B) ANALYSIS OF TRIBAL PUBLIC 4 HEALTH EMERGENCY INFRASTRUCTURE LIMI- 5 TATION.—The Secretary shall include in the 6 initial report submitted under subparagraph (A) 7 a description of any public health emergency in- 8 frastructure limitation encountered by eligible 9 entities described in subsection (b)(1)(D).’’. 10 Æ VerDate Sep 11 2014 03:37 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S3486.IS S3486 pamtmann on DSKBC07HB2PROD with BILLS