[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3968 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3968
To improve State, local, and Tribal public health security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2022
Ms. Warren (for herself, Mr. Heinrich, Ms. Smith, Ms. Klobuchar, Mr.
Booker, Ms. Baldwin, and Mr. Sanders) 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CDC Tribal Public Health Security
and Preparedness Act''.
SEC. 2. IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH SECURITY.
Section 319C-1 of the Public Health Service Act (42 U.S.C. 247d-3a)
is amended--
(1) in the section heading, by striking ``and local'' and
inserting ``, local, and tribal'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C), by striking
``and'' at the end and inserting ``or''; and
(iii) by adding at the end the following:
``(D) be an Indian Tribe, a Tribal organization, or
a consortium of Indian Tribes or Tribal organizations;
and''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(viii)--
(I) by inserting ``and Tribal''
after ``with State'';
(II) by striking ``(as defined in
section 8101 of the Elementary and
Secondary Education Act of 1965)'' and
inserting ``and Tribal educational
agencies (as defined in sections 8101
and 6132, respectively, of the
Elementary and Secondary Education Act
of 1965)''; and
(III) by inserting ``and Tribal''
after ``and State'';
(ii) in subparagraph (G), by inserting
``(including Indian Tribes, Tribal
organizations, and urban Indian
organizations)'' after ``stakeholders''; and
(iii) in subparagraph (H), by inserting ``,
Indian Tribes, and urban Indian organizations''
after ``public health'';
(3) in subsection (e), by inserting ``Indian Tribes, Tribal
organizations, urban Indian organizations,'' after ``local
emergency plans,'';
(4) in subsection (h)--
(A) by amending subparagraph (A) of paragraph (1)
to read as follows:
``(A) In general.--For the purpose of carrying out
this section, there is authorized to be appropriated
$750,000,000 for each of fiscal years 2023 through 2025
for awards pursuant to paragraph (3) (subject to the
authority of the Secretary to make awards pursuant to
paragraphs (4) and (5)) and paragraph (8), of which not
less than 5 percent shall be reserved each fiscal year
for awards under paragraph (8).'';
(B) in the heading of paragraph (3), by inserting
``for states'' after ``amount''; and
(C) by adding at the end the following:
``(8) Tribal eligible entities.--
``(A) Determination of funding amount.--
``(i) In general.--The Secretary shall
award at least 10 cooperative agreements under
this section, in amounts not less than the
minimum amount determined under clause (ii), to
eligible entities described in subsection
(b)(1)(D) that submit to the Secretary an
application that meets the criteria of the
Secretary for the receipt of such an award and
that meets other reasonable implementation
conditions established by the Secretary, in
consultation with Indian Tribes, for such
awards.
``(ii) Minimum amount.--In determining the
minimum amount of an award pursuant to clause
(i), the Secretary, in consultation with Indian
Tribes, shall first determine an amount the
Secretary considers appropriate for the
eligible entity.
``(B) Available until expended.--Amounts provided
to a Tribal eligible entity under a cooperative
agreement under this section for a fiscal year and
remaining unobligated at the end of such year shall
remain available to such entity during the entirety of
the performance period, for the purposes for which said
funds were provided.
``(C) No matching requirement.--Subparagraphs (B)
and (C) of paragraph (1) shall not apply with respect
to cooperative agreements awarded under this section to
eligible entities described in subsection (b)(1)(D).'';
and
(5) by adding at the end the following:
``(l) Special Rules Related to Tribal Eligible Entities.--
``(1) Modifications.--After consultation with Indian
Tribes, the Secretary may make necessary and appropriate
modifications with respect to subsections (b)(2), (g), and (i)
to facilitate the use of the cooperative agreement program by
eligible entities described in subsection (b)(1)(D).
``(2) Waivers.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall waive or specify
alternative requirements for any provision of this
section (including regulations) that the Secretary
administers in connection with this section if the
Secretary, after consultation with Indian Tribes, finds
that the waiver or alternative requirement is
appropriate for the effective delivery and
administration of this program with respect to eligible
entities described in subsection (b)(1)(D).
``(B) Exception.--The Secretary may not waive or
specify alternative requirements under subparagraph (A)
relating to labor standards or the environment.
``(3) Consultation.--The Secretary shall consult with
Indian Tribes and Tribal organizations on the design of this
program with respect to such Tribes and organizations to ensure
the effectiveness of the program in enhancing the security of
Indian Tribes with respect to public health emergencies.
``(4) Reporting.--
``(A) In general.--Not later than 2 years after the
date of enactment of this subsection, and as an
addendum to the biennial evaluations required under
subsection (k), the Secretary, in coordination with the
Director of the Indian Health Service, shall--
``(i) conduct a review of the
implementation of this section with respect to
eligible entities described in subsection
(b)(1)(D), including any factors that may have
limited its success;
``(ii) compile a report containing--
``(I) a description of the results
of the review described in clause (i);
``(II) a breakdown of the eligible
entities described in subsection
(b)(1)(D) that--
``(aa) received an award
under this section;
``(bb) received an award
under this section and a waiver
as described in paragraph (2);
and
``(cc) applied under this
section but did not receive an
award;
``(III) a list of any requirements
of this section for which the Secretary
provided a waiver or alternative
requirement, and the reasoning for
issuing a waiver or alternative
requirement; and
``(IV) recommendations to Congress
for program modifications necessary to
improve the implementation of the
program with respect to eligible
entities described in subsection
(b)(1)(D); and
``(iii) submit the report described in
clause (ii) to--
``(I) the Committee on Indian
Affairs, the Committee on Health,
Education, Labor, and Pensions, and the
Committee on Appropriations of the
Senate; and
``(II) the Subcommittee on
Indigenous People of the Committee on
Natural Resources, the Committee on
Energy and Commerce, and the Committee
on Appropriations of the House of
Representatives.
``(B) Analysis of tribal public health emergency
infrastructure limitation.--The Secretary shall include
in the initial report submitted under subparagraph (A)
a description of any public health emergency
infrastructure limitation encountered by eligible
entities described in subsection (b)(1)(D).''.
<all>