Preventing HEAT Illness and Deaths Act of 2020

II 116TH CONGRESS 2D SESSION S. 4280 To reduce the health risks of heat by authorizing the National Integrated Heat Health Information System Interagency Committee to improve ex- treme heat preparedness and response, requiring a study, and estab- lishing a grant program to address heat effects, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 22, 2020 Mr. MARKEY introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To reduce the health risks of heat by authorizing the Na- tional Integrated Heat Health Information System Inter- agency Committee to improve extreme heat preparedness and response, requiring a study, and establishing a grant program to address heat effects, and for other purposes. 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 ‘‘Preventing Health 4 Emergencies And Temperature-related Illness and Deaths 5 Act of 2020’’ or the ‘‘Preventing HEAT Illness and 6 Deaths Act of 2020’’. 7 VerDate Sep 11 2014 22:38 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4280.IS S4280 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4280 IS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) EXTREME HEAT.—The term ‘‘extreme 3 heat’’ means heat that exceeds local climatological 4 norms in terms of any combination of the following: 5 (A) Duration. 6 (B) Intensity. 7 (C) Seasonality. 8 (D) Frequency. 9 (2) HEAT.—The term ‘‘heat’’ means any com- 10 bination of the parameters associated with modu- 11 lating human thermoregulation and perceived tem- 12 perature, such as temperature, humidity, solar expo- 13 sure, and wind speed. 14 (3) HEAT EVENT.—The term ‘‘heat event’’ 15 means an occurrence of extreme heat that may have 16 heat-health implications. 17 (4) HEAT-HEALTH.—The term ‘‘heat-health’’ 18 means health effects to humans from heat, including 19 from vulnerability and exposure, or the risk of such 20 effects. 21 (5) PLANNING.—The term ‘‘planning’’ means 22 activities performed on multiple time scales (includ- 23 ing days, weeks, months, and years) with scenario- 24 based or probabilistic information to identify and 25 take actions to proactively mitigate heat-health risks 26 VerDate Sep 11 2014 22:38 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4280.IS S4280 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4280 IS from increased heat waves and increased ambient 1 temperature. 2 (6) PREPAREDNESS.—The term ‘‘preparedness’’ 3 means activities performed with probabilistic or de- 4 terministic information to manage risk in advance of 5 a heat event. 6 SEC. 3. FINDINGS. 7 Congress makes the following findings: 8 (1) Extreme heat events have been the leading 9 cause of weather-related death in the United States 10 over the last 30 years, according to the Centers for 11 Disease Control and Prevention and the National 12 Weather Service. 13 (2) The fourth National Climate Assessment, 14 mandated by the Global Change Research Act of 15 1990 (15 U.S.C. 2921 et seq.) finds that average 16 annual temperature over the contiguous United 17 States has increased over the past century, and that 18 recent decades are the warmest of the past 1.5 mil- 19 lennia. The National Climate Assessment projects 20 that the frequency and intensity of extreme high 21 temperature events will increase in the future as 22 global temperature increases. 23 (3) Exposure to extreme heat can also cause 24 acute heat-related illnesses, such as heat stroke, 25 VerDate Sep 11 2014 22:38 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4280.IS S4280 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4280 IS which result in more than 65,000 emergency room 1 visits each year and exacerbate respiratory and car- 2 diovascular illnesses. 3 (4) Heat poses the greatest health risks for 4 adults older than 65 years of age, young children, 5 low-income communities, urban communities, com- 6 munities with low air conditioning prevalence, so- 7 cially isolated individuals, people with mental or 8 physical disabilities, workers without sufficient ac- 9 cess to cooling, athletes, people with pre-existing 10 conditions, incarcerated individuals, people experi- 11 encing homelessness, and military personnel. 12 (5) Heat is a threat to the health and safety of 13 workers, particularly outdoor workers, such as con- 14 struction workers, farmworkers, and landscapers, 15 who are at an elevated risk of heat illness. Between 16 1992 and 2017, across all occupations, heat was es- 17 timated to be responsible for an average of 2,700 se- 18 rious injuries and 30 deaths per year in the United 19 States. Those figures are likely underestimated due 20 to underreporting. 21 (6) Nursing homes, mental health facilities, and 22 other locations with populations on medication are 23 especially vulnerable to extreme heat, as medications 24 can lower the threshold for heat-health incidents. 25 VerDate Sep 11 2014 22:38 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4280.IS S4280 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4280 IS (7) Heat exposure is an issue of environmental 1 justice, as people living in low-income communities, 2 communities of color, and Tribal communities face a 3 number of interacting factors that render them more 4 vulnerable to extreme heat. 5 (8) The COVID–19 pandemic has led to closure 6 of many public cooling centers or rendered such cen- 7 ters inaccessible to individuals concerned about con- 8 tracting the highly contagious disease. 9 (9) People in living in low-income communities, 10 communities of color, and Tribal communities are 11 affected by disproportionately high rates of under- 12 lying medical conditions, such as diabetes, asthma, 13 and hypertension, and a greater risk of contracting 14 COVID–19 or experiencing serious complications if 15 infected with COVID–19. Those medical conditions, 16 among others, can be exacerbated by extreme heat 17 and lead to more serious illness and death if not 18 treated immediately. 19 (10) The impacts of heat on human health are 20 more severe in urban areas where land surface prop- 21 erties create an ‘‘urban heat island’’ phenomenon, 22 particularly in neighborhoods with limited avail- 23 ability of or access to green spaces, shade, and tree 24 VerDate Sep 11 2014 22:38 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4280.IS S4280 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4280 IS cover, higher density of building structures, and 1 more vehicular traffic. 2 (11) Limited availability of tree cover and high- 3 er temperatures are correlated with low-income 4 neighborhoods in urban areas. In Richmond, Vir- 5 ginia, Baltimore, Maryland, and Washington, DC, 6 researchers found that heat risk is disproportion- 7 ately distributed to communities of color in patterns 8 associated with segregation and redlining. 9 (12) Researchers have found that few commu- 10 nities in the United States have sufficient resources 11 for heat planning, preparedness, and response. 12 (13) Researchers have found that long-term, 13 scenario-based planning as well as heat early warn- 14 ing systems can result in behavior changes that 15 lower morbidity and mortality, but individuals un- 16 aware of heat risks or with low risk perception of 17 heat are less likely to take appropriate precautions. 18 (14) The risks associated with extreme heat 19 have complex interactions and impacts, and the 20 management of those risks requires an interdiscipli- 21 nary approach. 22 (15) Regions and communities that face the 23 greatest health consequences of extreme heat often 24 may experience the lowest heat risk perceptions or 25 VerDate Sep 11 2014 22:38 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4280.IS S4280 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4280 IS have access to the fewest resources for responding to 1 extreme heat. 2 SEC. 4. NATIONAL INTEGRATED HEAT HEALTH INFORMA- 3 TION SYSTEM INTERAGENCY COMMITTEE. 4 (a) ESTABLISHMENT OF COMMITTEE.—There is es- 5 tablished a committee, to be known as the ‘‘National Inte- 6 grated Heat Health Information System Interagency 7 Committee’’ (in this section referred to as the ‘‘Com- 8 mittee’’). 9 (b) FOCUS.—The Director of the Office of Science 10 and Technology Policy shall require the Committee to 11 focus on research and actions for the reduction of health 12 risks of heat over multiple time scales (including days, 13 weeks, months, and years). 14 (c) MEMBERSHIP.— 15 (1) IN GENERAL.—In order to achieve and 16 carry out the focus described in subsection (b), the 17 Committee shall include not fewer than 1 represent- 18 ative from each of the following: 19 (A) From the Department of Commerce, 20 the following: 21 (i) The National Weather Service. 22 (ii) The Office of Oceanic and Atmos- 23 pheric Research, including the Climate 24 Program Office. 25 VerDate Sep 11 2014 22:38 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4280.IS S4280 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4280 IS (iii) The National Institute of Stand- 1 ards and Technology. 2 (B) From the Department of Health and 3 Human Services, the following: 4 (i) The Centers for Disease Control 5 and Prevention, including the National In- 6 stitute for Occupational Safety and Health. 7 (ii) The Office of the Assistant Sec- 8 retary of Health and Human Services for 9 Preparedness and Response. 10 (iii) The Substance Abuse and Mental 11 Health Services Administration. 12 (iv) The National Institutes of 13 Health. 14 (C) From the Department of the Interior, 15 the following: 16 (i) The Bureau of Indian Affairs. 17 (ii) The Bureau of Land Manage- 18 ment. 19 (D) From the Environmental Protection 20 Agency, the following: 21 (i) The Office of Environmental Jus- 22 tice. 23 VerDate Sep 11 2014 22:38 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4280.IS S4280 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4280 IS (ii) The Office of Air and Radiation, 1 if the Administrator of the Environmental 2 Protection Agency determines appropriate. 3 (iii) The Office of Research and De- 4 velopment, if the Administrator determines 5 appropriate. 6 (E) The Federal Emergency Management 7 Agency. 8 (F) The Department of Defense. 9 (G) The Occupational Safety and Health 10 Administration. 11 (H) The Department of Agriculture. 12 (I) The Department of Housing and Urban 13 Development. 14 (J) Such other Federal agencies as the Di- 15 rector considers appropriate. 16 (2) SELECTION OF REPRESENTATIVES.—The 17 head of an agency specified in paragraph (1) shall, 18 in appointing representatives of the agency to the 19 Committee, select representatives— 20 (A) from components of the agency that 21 are most relevant to the responsibilities of the 22 Committee; or 23 (B) who have expertise in areas relevant to 24 such responsibilities, such as weather and cli- 25 VerDate Sep 11 2014 22:38 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4280.IS S4280 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4280 IS mate prediction, health impacts, environmental 1 justice, behavioral science, public health hazard 2 preparedness and response, or mental health 3 services. 4 (3) CO-CHAIRS.— 5 (A) IN GENERAL.—The members of the 6 Committee shall select 2 members to serve as 7 co-chairs of the Committee, subject to the ap- 8 proval of the Director. 9 (B) TERMS.—Each co-chair shall serve for 10 a term of not more than 3 years. 11 (C) SELECTION.—One co-chair shall be 12 from the National Oceanic and Atmospheric 13 Administration, and one co-chair shall be from 14 the Centers for Disease Control and Prevention. 15 (D) RESPONSIBILITIES OF CO-CHAIRS.— 16 The co-chairs of the Committee shall— 17 (i) determine the agenda of the Com- 18 mittee, in consultation with other members 19 of the Committee; 20 (ii) direct the work of the Committee; 21 (iii) convene meetings of the Com- 22 mittee not less frequently than once each 23 fiscal quarter; and 24 VerDate Sep 11 2014 22:38 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4280.IS S4280 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4280 IS (iv) if necessary, establish a coordina- 1 tion office for the Committee within the 2 National Oceanic and Atmospheric Admin- 3 istration. 4 (d) ADMINISTRATIVE SUPPORT.—The National Oce- 5 anic and Atmospheric Administration shall provide tech- 6 nical and administrative support to the Committee, using 7 amounts authorized to be appropriated to the Administra- 8 tion before the date of the enactment of this Act and avail- 9 able for obligation as of such date. 10 (e) CONSULTATION.— 11 (1) IN GENERAL.—The Committee shall consult 12 with relevant regional, State, Tribal, and local gov- 13 ernment agencies, research institutions, nongovern- 14 mental organizations, and medical experts with ex- 15 pertise in emergency response, environmental health, 16 or community engagement. 17 (2) ADVISORY COUNCIL.—Such consultation 18 may occur through an advisory council established 19 by the Committee that convenes regularly. 20 (f) RESPONSIBILITIES.—In carrying out the focus de- 21 scribed in subsection (b), the Committee shall, in consulta- 22 tion with the entities described in subsection (e)(1), pro- 23 mote an integrated, Federal Government-wide approach to 24 reducing health risks and impacts of heat, including by— 25 VerDate Sep 11 2014 22:38 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4280.IS S4280 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4280 IS (1) identifying and harmonizing existing agency 1 capabilities related to understanding heat risk, pre- 2 diction, information, warnings, planning, prepared- 3 ness, and response (including common communica- 4 tion mechanisms for coordinated Federal informa- 5 tion needed to manage and reduce health risks from 6 heat); 7 (2) building and sustaining networks across cli- 8 mate, health, medical, and related disciplines and 9 decision makers— 10 (A) that support continuous engagement 11 with Federal, State, local, and Tribal govern- 12 ments to identify decision-maker and informa- 13 tion needs, take action, and evaluate effective- 14 ness; and 15 (B) that support engagement with inter- 16 national government and nongovernmental or- 17 ganizations and other partners to harmonize re- 18 search and information and knowledge produc- 19 tion and enhance effective action; 20 (3) enhancing actionable information to reduce 21 health-related heat risks on multiple time scales 22 by— 23 VerDate Sep 11 2014 22:38 A [Text truncated for display. 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