[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4280 Introduced in Senate (IS)]

<DOC>






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 extreme heat preparedness and response, requiring a study, and 
  establishing 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 National 
  Integrated Heat Health Information System Interagency 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Health Emergencies And 
Temperature-related Illness and Deaths Act of 2020'' or the 
``Preventing HEAT Illness and Deaths Act of 2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Extreme heat.--The term ``extreme heat'' means heat 
        that exceeds local climatological norms in terms of any 
        combination of the following:
                    (A) Duration.
                    (B) Intensity.
                    (C) Seasonality.
                    (D) Frequency.
            (2) Heat.--The term ``heat'' means any combination of the 
        parameters associated with modulating human thermoregulation 
        and perceived temperature, such as temperature, humidity, solar 
        exposure, and wind speed.
            (3) Heat event.--The term ``heat event'' means an 
        occurrence of extreme heat that may have heat-health 
        implications.
            (4) Heat-health.--The term ``heat-health'' means health 
        effects to humans from heat, including from vulnerability and 
        exposure, or the risk of such effects.
            (5) Planning.--The term ``planning'' means activities 
        performed on multiple time scales (including days, weeks, 
        months, and years) with scenario-based or probabilistic 
        information to identify and take actions to proactively 
        mitigate heat-health risks from increased heat waves and 
        increased ambient temperature.
            (6) Preparedness.--The term ``preparedness'' means 
        activities performed with probabilistic or deterministic 
        information to manage risk in advance of a heat event.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) Extreme heat events have been the leading cause of 
        weather-related death in the United States over the last 30 
        years, according to the Centers for Disease Control and 
        Prevention and the National Weather Service.
            (2) The fourth National Climate Assessment, mandated by the 
        Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.) 
        finds that average annual temperature over the contiguous 
        United States has increased over the past century, and that 
        recent decades are the warmest of the past 1.5 millennia. The 
        National Climate Assessment projects that the frequency and 
        intensity of extreme high temperature events will increase in 
        the future as global temperature increases.
            (3) Exposure to extreme heat can also cause acute heat-
        related illnesses, such as heat stroke, which result in more 
        than 65,000 emergency room visits each year and exacerbate 
        respiratory and cardiovascular illnesses.
            (4) Heat poses the greatest health risks for adults older 
        than 65 years of age, young children, low-income communities, 
        urban communities, communities with low air conditioning 
        prevalence, socially isolated individuals, people with mental 
        or physical disabilities, workers without sufficient access to 
        cooling, athletes, people with pre-existing conditions, 
        incarcerated individuals, people experiencing homelessness, and 
        military personnel.
            (5) Heat is a threat to the health and safety of workers, 
        particularly outdoor workers, such as construction workers, 
        farmworkers, and landscapers, who are at an elevated risk of 
        heat illness. Between 1992 and 2017, across all occupations, 
        heat was estimated to be responsible for an average of 2,700 
        serious injuries and 30 deaths per year in the United States. 
        Those figures are likely underestimated due to underreporting.
            (6) Nursing homes, mental health facilities, and other 
        locations with populations on medication are especially 
        vulnerable to extreme heat, as medications can lower the 
        threshold for heat-health incidents.
            (7) Heat exposure is an issue of environmental justice, as 
        people living in low-income communities, communities of color, 
        and Tribal communities face a number of interacting factors 
        that render them more vulnerable to extreme heat.
            (8) The COVID-19 pandemic has led to closure of many public 
        cooling centers or rendered such centers inaccessible to 
        individuals concerned about contracting the highly contagious 
        disease.
            (9) People in living in low-income communities, communities 
        of color, and Tribal communities are affected by 
        disproportionately high rates of underlying medical conditions, 
        such as diabetes, asthma, and hypertension, and a greater risk 
        of contracting COVID-19 or experiencing serious complications 
        if infected with COVID-19. Those medical conditions, among 
        others, can be exacerbated by extreme heat and lead to more 
        serious illness and death if not treated immediately.
            (10) The impacts of heat on human health are more severe in 
        urban areas where land surface properties create an ``urban 
        heat island'' phenomenon, particularly in neighborhoods with 
        limited availability of or access to green spaces, shade, and 
        tree cover, higher density of building structures, and more 
        vehicular traffic.
            (11) Limited availability of tree cover and higher 
        temperatures are correlated with low-income neighborhoods in 
        urban areas. In Richmond, Virginia, Baltimore, Maryland, and 
        Washington, DC, researchers found that heat risk is 
        disproportionately distributed to communities of color in 
        patterns associated with segregation and redlining.
            (12) Researchers have found that few communities in the 
        United States have sufficient resources for heat planning, 
        preparedness, and response.
            (13) Researchers have found that long-term, scenario-based 
        planning as well as heat early warning systems can result in 
        behavior changes that lower morbidity and mortality, but 
        individuals unaware of heat risks or with low risk perception 
        of heat are less likely to take appropriate precautions.
            (14) The risks associated with extreme heat have complex 
        interactions and impacts, and the management of those risks 
        requires an interdisciplinary approach.
            (15) Regions and communities that face the greatest health 
        consequences of extreme heat often may experience the lowest 
        heat risk perceptions or have access to the fewest resources 
        for responding to extreme heat.

SEC. 4. NATIONAL INTEGRATED HEAT HEALTH INFORMATION SYSTEM INTERAGENCY 
              COMMITTEE.

    (a) Establishment of Committee.--There is established a committee, 
to be known as the ``National Integrated Heat Health Information System 
Interagency Committee'' (in this section referred to as the 
``Committee'').
    (b) Focus.--The Director of the Office of Science and Technology 
Policy shall require the Committee to focus on research and actions for 
the reduction of health risks of heat over multiple time scales 
(including days, weeks, months, and years).
    (c) Membership.--
            (1) In general.--In order to achieve and carry out the 
        focus described in subsection (b), the Committee shall include 
        not fewer than 1 representative from each of the following:
                    (A) From the Department of Commerce, the following:
                            (i) The National Weather Service.
                            (ii) The Office of Oceanic and Atmospheric 
                        Research, including the Climate Program Office.
                            (iii) The National Institute of Standards 
                        and Technology.
                    (B) From the Department of Health and Human 
                Services, the following:
                            (i) The Centers for Disease Control and 
                        Prevention, including the National Institute 
                        for Occupational Safety and Health.
                            (ii) The Office of the Assistant Secretary 
                        of Health and Human Services for Preparedness 
                        and Response.
                            (iii) The Substance Abuse and Mental Health 
                        Services Administration.
                            (iv) The National Institutes of Health.
                    (C) From the Department of the Interior, the 
                following:
                            (i) The Bureau of Indian Affairs.
                            (ii) The Bureau of Land Management.
                    (D) From the Environmental Protection Agency, the 
                following:
                            (i) The Office of Environmental Justice.
                            (ii) The Office of Air and Radiation, if 
                        the Administrator of the Environmental 
                        Protection Agency determines appropriate.
                            (iii) The Office of Research and 
                        Development, if the Administrator determines 
                        appropriate.
                    (E) The Federal Emergency Management Agency.
                    (F) The Department of Defense.
                    (G) The Occupational Safety and Health 
                Administration.
                    (H) The Department of Agriculture.
                    (I) The Department of Housing and Urban 
                Development.
                    (J) Such other Federal agencies as the Director 
                considers appropriate.
            (2) Selection of representatives.--The head of an agency 
        specified in paragraph (1) shall, in appointing representatives 
        of the agency to the Committee, select representatives--
                    (A) from components of the agency that are most 
                relevant to the responsibilities of the Committee; or
                    (B) who have expertise in areas relevant to such 
                responsibilities, such as weather and climate 
                prediction, health impacts, environmental justice, 
                behavioral science, public health hazard preparedness 
                and response, or mental health services.
            (3) Co-chairs.--
                    (A) In general.--The members of the Committee shall 
                select 2 members to serve as co-chairs of the 
                Committee, subject to the approval of the Director.
                    (B) Terms.--Each co-chair shall serve for a term of 
                not more than 3 years.
                    (C) Selection.--One co-chair shall be from the 
                National Oceanic and Atmospheric Administration, and 
                one co-chair shall be from the Centers for Disease 
                Control and Prevention.
                    (D) Responsibilities of co-chairs.--The co-chairs 
                of the Committee shall--
                            (i) determine the agenda of the Committee, 
                        in consultation with other members of the 
                        Committee;
                            (ii) direct the work of the Committee;
                            (iii) convene meetings of the Committee not 
                        less frequently than once each fiscal quarter; 
                        and
                            (iv) if necessary, establish a coordination 
                        office for the Committee within the National 
                        Oceanic and Atmospheric Administration.
    (d) Administrative Support.--The National Oceanic and Atmospheric 
Administration shall provide technical and administrative support to 
the Committee, using amounts authorized to be appropriated to the 
Administration before the date of the enactment of this Act and 
available for obligation as of such date.
    (e) Consultation.--
            (1) In general.--The Committee shall consult with relevant 
        regional, State, Tribal, and local government agencies, 
        research institutions, nongovernmental organizations, and 
        medical experts with expertise in emergency response, 
        environmental health, or community engagement.
            (2) Advisory council.--Such consultation may occur through 
        an advisory council established by the Committee that convenes 
        regularly.
    (f) Responsibilities.--In carrying out the focus described in 
subsection (b), the Committee shall, in consultation with the entities 
described in subsection (e)(1), promote an integrated, Federal 
Government-wide approach to reducing health risks and impacts of heat, 
including by--
            (1) identifying and harmonizing existing agency 
        capabilities related to understanding heat risk, prediction, 
        information, warnings, planning, preparedness, and response 
        (including common communication mechanisms for coordinated 
        Federal information needed to manage and reduce health risks 
        from heat);
            (2) building and sustaining networks across climate, 
        health, medical, and related disciplines and decision makers--
                    (A) that support continuous engagement with 
                Federal, State, local, and Tribal governments to 
                identify decision-maker and information needs, take 
                action, and evaluate effectiveness; and
                    (B) that support engagement with international 
                government and nongovernmental organizations and other 
                partners to harmonize research and information and 
                knowledge production and enhance effective action;
            (3) enhancing actionable information to reduce health-
        related heat risks on multiple time scales by--
                    (A) enhancing heat-health risk management forecasts 
                and information based on user needs and epidemiological 
                requirements;
                    (B) providing seamless, integrated heat-health heat 
                projections and predictions on all time scales; and
                    (C) building capacity across climate, public 
                health, medical, and related communities to define and 
                deliver research, observations, prediction, 
                vulnerability assessments, health surveillance, and 
                other information needed to support planning and 
                preparedness on heat-health;
            (4) enhancing understanding of heat-related health risks, 
        vulnerabilities, and risk reduction through--
                    (A) supporting improved understanding of the role 
                of drivers of climate variability and change in extreme 
                heat;
                    (B) building mechanistic understanding of heat-
                health, from epidemiological, physiological, 
                economical, and sociological disciplines; and
                    (C) enhancing understanding of the impacts of and 
                risk management actions for extreme heat events across 
                multiple time scales, including the modeling of future 
                risk of extreme heat;
            (5) developing timely, locally relevant, and accessible 
        communication tools to inform preparedness and adaptation, 
        including heat early-warning systems and heat-health action 
        plans that include planning and preparedness on multiple time 
        scales;
            (6) providing a suite of decision support services for the 
        reduction of heat-related illness and mitigation of other 
        effects of extreme heat;
            (7) identifying, coordinating, and disseminating Federal 
        grants and other funding opportunities for non-Federal 
        entities--
                    (A) to improve climate, weather, and health 
                research and analytics to improve heat preparedness and 
                response for vulnerable and disadvantaged communities; 
                and
                    (B) to support longer-term sustained engagement of 
                multisector and interdisciplinary networks to conduct 
                research and co-produce knowledge and actionable 
                information;
            (8) promoting principles of environmental justice, 
        including providing guidance for projects and programs that 
        benefit historically disadvantaged communities or communities 
        with significant heat disparities associated with race or 
        income; and
            (9) carrying out such other activities as the Committee 
        considers appropriate.
    (g) Strategic Plan.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Committee shall submit to 
        Congress a 3-year integrated strategic plan that outlines the 
        goals and projects of the Committee, including how the 
        Committee will--
                    (A) improve and coordinate interagency Federal 
                actions to address health risks of heat;
                    (B) conduct the study required by section 5(a)(1); 
                and
                    (C) administer the grant program described in 
                section 6.
            (2) Updates.--Not later than 3 years after the submission 
        of the strategic plan required by paragraph (1), and every 3 
        years thereafter, the Committee shall submit to Congress an 
        update of the plan, which shall include progress made toward 
        goals in the plan and new priorities that emerge.
            (3) Public availability.--The Committee shall make the 
        strategic plan required by paragraph (1) and updates to the 
        plan required by paragraph (2) available to the public on an 
        internet website of the National Oceanic and Atmospheric 
        Administration, with clear visuals indicating progress toward 
        goals.

SEC. 5. EXAMINATION OF EXTREME HEAT INFORMATION AND RESPONSE.

    (a) Study.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and after consultation with the 
        entities described in section 4(e)(1), the National Integrated 
        Heat Health Information System Interagency Committee (in this 
        section referred to as the ``Committee'') shall complete a 
        study on opportunities for improving data collection, warning 
        communications, resilience of vulnerable populations, and 
        response capacity for current and future heat-affected 
        communities.
            (2) Elements.--The study required by paragraph (1) shall--
                    (A) identify policy and research gaps, such as--
                            (i) regions of the United States with the 
                        largest gaps between awareness, preparedness, 
                        and capacity to address extreme heat;
                            (ii) heat-related gaps in data, such as--
                                    (I) the number of schools, prisons, 
                                and other public facilities that lack 
                                air conditioning;
                                    (II) the number of energy blackouts 
                                that occur in the United States as a 
                                result of extreme heat; and
                                    (III) the demographic breakdown of 
                                people affected by heat events, 
                                including by race, age, gender, 
                                occupation, and income;
                    (B) consider the feasibility of enhancing existing 
                nationwide data collection on heat-related illnesses 
                and mortalities to improve and ensure consistent 
                collection of national-level heat illness data across 
                all 50 States, territories, and local jurisdictions;
                    (C) evaluate mechanisms for financing heat 
                preparedness;
                    (D) evaluate the effectiveness of county- or local-
                level heat awareness and communication tools, 
                preparedness plans, or mitigation; and
                    (E) consider such other subjects as the Committee 
                finds appropriate.
            (3) Policy recommendations.--
                    (A) In general.--The study required by paragraph 
                (1) shall include policy recommendations for 
                communicating warnings to and promoting resilience of 
                populations vulnerable to extreme heat.
                    (B) Strategies.--The recommendations required by 
                subparagraph (A) may include strategies for--
                            (i) effectively distributing extreme heat 
                        warnings, including to individuals with limited 
                        English proficiency and individuals who are 
                        socially isolated or with other established 
                        barriers to such information;
                            (ii) implementing alternatives to public 
                        cooling centers given concerns related to 
                        COVID-19 and spread of disease in indoor 
                        spaces;
                            (iii) designing such warnings to convey the 
                        urgency and severity of heat events and achieve 
                        behavior changes that reduce the mortality and 
                        morbidity of extreme heat effects, without 
                        creating warning fatigue or confusion with 
                        other types of weather disaster warnings;
                            (iv) addressing data gaps identified under 
                        paragraph (2)(A)(ii);
                            (v) promoting community resilience to heat 
                        events and incorporating principles of 
                        environmental justice in community response to 
                        heat waves;
                            (vi) regulating against utility companies 
                        shutting off power during heat waves; and
                            (vii) establishing labor and other 
                        standards for workers and heat.
    (b) Report.--Not later than 90 days after completing the study 
required by subsection (a)(1), the Committee shall--
            (1) make available to the public on an internet website of 
        the National Oceanic and Atmospheric Administration a report on 
        the findings and conclusions of the study; and
            (2) submit the report to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    (C) the Committee on Science, Space, and Technology 
                of the House of Representatives;
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (E) the Committee on Education and Labor of the 
                House of Representatives.

SEC. 6. FEDERAL ASSISTANCE GRANTS TO ADDRESS EXTREME HEAT AND HEALTH 
              RISKS.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the National Integrated Heat Health Information 
System Interagency Committee (in this section referred to as the 
``Committee'') shall establish and administer a community heat 
resilience grant program to provide Federal grants to ameliorate human 
health impacts of extreme heat events.
    (b) Eligible Projects.--Projects eligible to receive a grant under 
this section may include the following:
            (1) Projects for cool roofs, cool pavements, urban forestry 
        or tree plantings, the provision of shade, cooling centers that 
        abide by applicable guidelines of the Centers for Disease 
        Control and Prevention relating to COVID-19, building 
        retrofitting for cooling, and high-efficiency air conditioning 
        acquisitions or upgrades.
            (2) Projects--
                    (A) to expand public awareness of heat risks;
                    (B) to communicate risks and warnings to isolated 
                communities; and
                    (C) to educate such communities about how to 
                respond to extreme heat events.
            (3) Other projects that the Committee determines will 
        achieve a significant reduction in heat exposure or resilience 
        to extreme heat events.
    (c) Project Proposals.--To be eligible to receive a grant under 
this section, an entity shall--
            (1) demonstrate that the entity has any permits or other 
        authorizations from local, State, Federal, and Tribal 
        government agencies necessary to carry out the project or 
        provide evidence demonstrating general support from such 
        agencies;
            (2) demonstrate community engagement and partnerships;
            (3) provide to the Committee environmental and demographic 
        information, using EJSCREEN data or a similar environmental 
        justice mapping and screening tool, for the community in which 
        the project is located; and
            (4) provide to the Committee any other information the 
        Committee determines appropriate.
    (d) Project Selection.--
            (1) Development of criteria.--
                    (A) In general.--The Committee shall develop 
                criteria for the selection of entities to receive 
                grants under this section for proposed projects.
                    (B) Considerations.--In developing criteria under 
                subparagraph (A), the Committee shall take into account 
                the following:
                            (i) Extent of heat risk reduction, 
                        including temperature difference or number of 
                        people affected.
                            (ii) Risk reduction for the most vulnerable 
                        groups, including low-income communities, 
                        communities of color, Tribal communities, 
                        elderly individuals, and individuals on 
                        medications.
                            (iii) Cost-effectiveness.
                            (iv) Efforts to ensure that projects do not 
                        contribute to gentrification.
                            (v) Equitable distribution of heat 
                        mitigation benefits.
                            (vi) Co-benefits such as other climate, 
                        health, or environmental benefits such as air 
                        quality improvement, energy efficiency, or 
                        reduced energy use.
            (2) Priorities.--In selecting entities to receive grants 
        under this section, the Committee shall prioritize projects 
        that provide the following:
                    (A) Benefits for historically disadvantaged 
                communities and communities with significant heat 
                disparities associated with race or income.
                    (B) Benefits to regions identified in the study 
                under section 5(a)(2)(A)(i) as having large 
                preparedness gaps.
    (e) Use of Funds.--A grant awarded under this section to an entity 
to carry out a project may be used by the entity only--
            (1) to carry out the project, including administration, 
        design, permitting, entry into negotiated indirect cost rate 
        agreements, and construction; and
            (2) to monitor, collect, and report data on the performance 
        (including performance over time) of the project.
    (f) Cost-Sharing.--
            (1) In general.--Except as provided in paragraph (2), an 
        entity that receives a grant under this section to carry out a 
        project shall provide, from non-Federal sources, funds or other 
        resources (such as in-kind matching from private entities) 
        valued at not less than 25 percent of the total cost, including 
        administrative costs, of the project.
            (2) Reduced matching requirement for certain communities.--
        The Committee may reduce or waive the matching requirement 
        under paragraph (1) for an entity representing a community or 
        nonprofit organization if--
                    (A) the entity submits to the Committee in 
                writing--
                            (i) a request for such a reduction or 
                        waiver and, in the case of a request for a 
                        reduction, the amount of the reduction; and
                            (ii) a justification for why the entity 
                        cannot meet the matching requirement; and
                    (B) the Committee agrees with the justification.
    (g) Limitation on Grant Quantity and Size.--In carrying out this 
section, the Committee may not award to an entity--
            (1) more than 1 grant for which the entity is the lead 
        applicant; or
            (2) a grant that is in an amount that is more than 
        $2,500,000.
    (h) Reporting.--The Committee shall require each entity receiving a 
grant under this section to, not later than 1 year after the date on 
which the entity receives the grant, and annually thereafter until the 
completion of the project, submit to the Committee a report on--
            (1) the activities carried out under the project; and
            (2) the effectiveness of the project in reducing heat risk 
        or promoting heat awareness and response.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Integrated Heat Health Information System Interagency 
Committee; Examination of Extreme Heat Information and Response.--There 
are authorized to be appropriated to the National Oceanic and 
Atmospheric Administration to carry out sections 4 and 5, including for 
any administrative costs for the National Integrated Heat Health 
Information System Interagency Committee, the following:
            (1) For fiscal year 2021, $20,000,000.
            (2) For fiscal year 2022, $20,000,000.
            (3) For fiscal year 2023, $18,000,000.
            (4) For fiscal year 2024, $18,000,000.
            (5) For fiscal year 2025, $18,000,000.
    (b) Federal Assistance Grants To Address Extreme Heat and Health 
Risks.--There are authorized to be appropriated to the National Oceanic 
and Atmospheric Administration to carry out section 6 the following:
            (1) For fiscal year 2021, $10,000,000.
            (2) For fiscal year 2022, $10,000,000.
            (3) For fiscal year 2023, $20,000,000.
            (4) For fiscal year 2024, $30,000,000.
            (5) For fiscal year 2025, $30,000,000.
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