[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3309 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3309
To provide for a Public Health Emergency Fund, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2020
Mr. Cassidy (for himself, Mr. Schatz, Mr. Rubio, Mr. Durbin, Ms. Smith,
and Mr. King) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for a Public Health Emergency Fund, 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 ``Public Health Emergency Response and
Accountability Act''.
SEC. 2. PUBLIC HEALTH EMERGENCIES.
(a) In General.--Section 319 of the Public Health Service Act (42
U.S.C. 247d) is amended--
(1) in subsection (a), by striking ``after consultation''
and inserting ``in consultation with the Assistant Secretary
for Preparedness and Response and'';
(2) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(3) by inserting after subsection (a), the following:
``(b) Reporting Requirements.--
``(1) In general.--Upon the determination of a public
health emergency under subsection (a) that is an infectious
disease outbreak, a bioterrorist attack, or a disaster, the
Secretary shall request the Assistant Secretary for
Preparedness and Response to convene a group of Federal public
health and other Federal officials that shall prepare monthly
reports related to such emergency for the period described in
paragraph (3) and submit such reports to Congress.
``(2) Contents.--The reports prepared under paragraph (1)
shall include--
``(A) in the first monthly report, the proposed
budget of the response to the emergency, and, in each
subsequent report, updates to such budget;
``(B) a description of how the Secretary plans to
use best practices and lessons learned from previous
public health emergency responses;
``(C) a description of how collaboration among
public health agencies and departments will be
achieved, strategies for public communication, and
acquisition and distribution of supplies;
``(D) an identification of additional authorities
needed, if any, to respond to the emergency; and
``(E) in the first monthly report, the
justification for triggering the public health
emergency response.
``(3) Period.--The period described in this paragraph is
the period beginning not later than 30 days after the
determination of a public health emergency under subsection (a)
that is an infectious disease outbreak, a bioterrorist attack,
or a disaster, and ending 30 days after the determination of
such emergency terminates in accordance with such
subsection.''; and
(4) in subsection (c) (as so redesignated)--
(A) in paragraph (3), by striking ``Committee on
Commerce'' and inserting ``Committee on Energy and
Commerce''; and
(B) by adding at the end the following:
``(6) Funding.--
``(A) Definitions.--In this paragraph:
``(i) Public health emergency relief.--The
term `public health emergency relief' means the
expenditures to address a public health
emergency determined under subsection (a) that
is an infectious disease outbreak, a
bioterrorist attack, or a disaster from--
``(I) amounts made available by
emergency supplemental appropriations
to appropriations accounts of the
Department of Health and Human Services
to address a public health emergency
that is an infectious disease outbreak,
a bioterrorist attack, or a disaster
(excluding funds transferred to the
Department from the appropriations
account for the `Federal Emergency
Management Agency, Disaster Relief
Fund' or pursuant to the Oil Pollution
Act of 1990); and
``(II) any amounts expended from
the Public Health Emergency Fund under
this subsection.
``(ii) Target amount.--The term `target
amount' means the amount that is the rolling
annual average of expenditures for public
health emergency relief over the full 14 fiscal
years immediately preceding the fiscal year for
which the determination of a public health
emergency is made under subsection (a) that is
an infectious disease outbreak, a bioterrorist
attack, or a disaster, excluding the highest
and lowest years.
``(B) Appropriations.--
``(i) In general.--Subject to clause (iv),
upon the determination of each public health
emergency under subsection (a) that is an
infectious disease outbreak, a bioterrorist
attack, or a disaster, there is appropriated to
the Public Health Emergency Fund, out of any
money in the Treasury not otherwise
appropriated, for the fiscal year of the
determination, an amount determined under
subparagraph (C), to remain available until
expended, which may be used in accordance with
subparagraph (D).
``(ii) Reporting.--The reporting
requirements contained in subsection (b) shall
apply with respect to amounts appropriated
under clause (i).
``(iii) Emergency designations.--
``(I) In general.--Amounts
appropriated under clause (i) are
designated as an emergency requirement
pursuant to section 4(g) of the
Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
``(II) Designation in the senate.--
In the Senate, amounts appropriated
under clause (i) are designated as an
emergency requirement pursuant to
section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent
resolution on the budget for fiscal
year 2010.
``(iv) Limitation.--Clause (i) shall not
apply if the amount available for expenditure
in the Public Health Emergency Fund, as of the
date of the determination as a public health
emergency under subsection (a) that is an
infectious disease outbreak, a bioterrorist
attack, or a disaster, is equal to or greater
than the target amount.
``(C) Formula.--
``(i) In general.--Subject to clause (ii),
the amount determined under this subparagraph
shall be equal to the difference between the
target amount and the amount available for
expenditure in the Public Health Emergency
Fund, as of the date of the determination of
the public health emergency under subsection
(a).
``(ii) Report by omb.--Not later than 30
days after the date of enactment of this
paragraph, the Director of the Office of
Management and Budget shall submit to the
Committee on Appropriations and the Committee
on the Budget of the Senate and the Committee
on Appropriations and the Committee on the
Budget of the House of Representatives, a
report on the rolling average calculated for
purposes of determining the target amount.
``(D) Use of funds.--
``(i) In general.--Amounts appropriated to
the Public Health Emergency Fund under
subparagraph (B) shall be used by the Secretary
in accordance with the proposed budget
described in subsection (b)(2) for any public
health emergency determined under subsection
(a) that is an infectious disease outbreak, a
bioterrorist attack, or a disaster that has not
terminated under such subsection. Such funds
shall be used--
``(I) to provide assistance for
immediate Federal, State, local, or
international response needs with
respect to any public health emergency
determined under subsection (a) that is
an infectious disease outbreak, a
bioterrorist attack, or a disaster; and
``(II) for activities determined
appropriate by the Secretary to improve
preparedness and response to protect
human health for all populations in any
public health emergency determined
under subsection (a) that is an
infectious disease outbreak, a
bioterrorist attack, or a disaster.
``(ii) Availability.--Amounts appropriated
to the Public Health Emergency Fund under
subparagraph (B) shall remain available for the
uses described in this subparagraph so long as
any public health emergency is determined under
subsection (a) that is an infectious disease
outbreak, a bioterrorist attack, or a disaster,
and the determination for any such emergency
has not terminated under such subsection.
``(iii) Authority.--In expending funds
appropriated under subparagraph (B) and
carrying out activities under this
subparagraph, the Secretary shall have the
authority to--
``(I) transfer funds and enter into
contracts;
``(II) utilize flexible hiring
mechanisms, including direct hiring
authority and personal service
contracts; exemptions from certain
administrative restrictions (such as
travel, information technology,
printing and supplies); motor vehicle
authority; and flexible compensation
for responders, including overtime and
danger pay; and
``(III) utilize flexible
transaction mechanisms.''.
(b) Exemption of the Public Health Emergency Fund From
Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended by
inserting ``Public Health Emergency Fund (009-91-9913).'' after
the item relating to ``Postal Service Fund (18-4020-0-3-
372).''.
(2) Application.--The amendment made by paragraph (1) shall
apply to any sequestration order issued under such Act on or
after the date of enactment of this section.
(c) GAO Reports.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States, in consultation with relevant Federal, State, and local
government entities, shall prepare and submit to the
appropriate committees of Congress, a report--
(A) reviewing the capacity of the United States
public health system, including the public health
workforce, to respond effectively to infectious disease
outbreaks;
(B) identifying areas of potential improvement in
coordination between Federal, State, and local
government entities to respond more effectively to
infectious disease outbreaks;
(C) making recommendations on how to provide or
allocate most effectively resources for public health
emergency response, specifically considering how to
utilize most effectively the emergency fund established
under section 319 of the Public Health Service Act (42
U.S.C. 247d); and
(D) containing an audit of how funds for public
health emergencies have been expended within the 2
years preceding the date of the report.
(2) Post-emergency report.--
(A) In general.--Not later than 6 months after the
termination of a determination of a public health
emergency under section 319 of the Public Health
Service Act (42 U.S.C. 247d) that is an infectious
disease outbreak, a bioterrorist attack, or a disaster,
the Comptroller General of the United States shall
review response efforts by Federal, State, and local
government entities, as well as any other relevant
entities engaged in response efforts, and submit a
report to the appropriate committees of Congress to
determine--
(i) the compliance of such efforts with
best practices identified in the report under
paragraph (1);
(ii) the effectiveness of such best
practices;
(iii) the cost of such efforts;
(iv) the areas of potential continued
improvement in coordination between Federal,
State, and local government entities to respond
more effectively to infectious disease
outbreaks; and
(v) how to incorporate additional best
practices which may be incorporated in future
response efforts.
(B) Audit.--The report under subparagraph (A) shall
include an audit indicating how funds used for public
health emergencies determined under section 319 of the
Public Health Service Act have been expended during the
2 years preceding the submission of the report under
such subparagraph.
SEC. 3. APPLICABILITY.
Nothing in this Act, or an amendment made by this Act, shall affect
the applicability of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) or the Oil Pollution
Act of 1990 (33 U.S.C. 2701 et seq.) in the case of a public health
emergency.
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