Title: CDC Tribal Public Health Security and Preparedness Act
Policy area: Native Americans

Summary:
CDC Tribal Public Health Security and Preparedness Act
This bill allows tribes and tribal organizations to apply directly to the Centers for Disease Control and Prevention (CDC) for Public Health Emergency Preparedness (PHEP) program funds. Currently, only states and certain local entities may apply for PHEP funds to respond to public health emergencies, such as COVID-19 (i.e., coronavirus disease 2019).
The CDC must award at least 10 cooperative agreements to tribal applicants.
Additionally, the CDC must consult with tribes and tribal organizations to ensure the PHEP program enables such entities to respond to public health emergencies. The CDC may make modifications to the program after such consultation.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3486 Introduced in Senate (IS)]

<DOC>






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 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, tribal organization, or a 
                consortium of Indian tribes or tribal organizations; 
                and''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, as applicable'' after 
                        ``including'';
                            (ii) 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'';
                            (iii) in subparagraph (G), by striking 
                        ``and tribal'' and inserting ``tribal, and 
                        urban Indian organization''; and
                            (iv) 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) in paragraph (1)(A)--
                            (i) by striking ``through 2023'' and 
                        inserting ``and 2020''; and
                            (ii) by inserting before the period ``; and 
                        $690,000,000 for each of fiscal years 2021 
                        through 2023 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 
                        $5,000,000 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 submits 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. If the Secretary receives more than 10 
                        applications under this section from eligible 
                        entities described in subsection (b)(1)(D) that 
                        meet the criteria and conditions described in 
                        the previous sentence, the Secretary, in 
                        consultation with Indian tribes, may make 
                        additional awards under this section to such 
                        entities.
                            ``(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), 
                (C), and (D) 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 to the program under this section 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 may 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 finds that the waiver or alternative 
                requirement is necessary 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; and
                            ``(ii) submit a report describing the 
                        results of the review described in clause (i) 
                        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).''.
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