Title II — Optimizing State and Local All-Hazards Preparedness and Response

113th Congress · Approved Mar 13, 2013 · 127 Stat. 161

TITLE II Optimizing State and Local All-Hazards Preparedness and Response

SEC. 201. Temporary Reassignment of State and Local Personnel During a Public Health Emergency.

Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended by adding at the end the following:

“(e) Temporary Reassignment of State and Local Personnel During a Public Health Emergency.—

“(1) Emergency reassignment of federally funded personnel.—Notwithstanding any other provision of law, and subject to paragraph (2), upon request by the Governor of a State or a tribal organization or such Governor or tribal organization’s designee, the Secretary may authorize the requesting State or Indian tribe to temporarily reassign, for purposes of immediately addressing a public health emergency in the State or Indian tribe, State and local public health department or agency personnel funded in whole or in part through programs authorized under this Act, as appropriate.

“(2) Activation of emergency reassignment.—

“(A) Public health emergency.—The Secretary may authorize a temporary reassignment of personnel under paragraph (1) only during the period of a public health emergency determined pursuant to subsection (a).

“(B) Contents of request.—To seek authority for a temporary reassignment of personnel under paragraph (1), the Governor of a State or a tribal organization shall submit to the Secretary a request for such reassignment flexibility and shall include in the request each of the following:

“(i) An assurance that the public health emergency in the geographic area of the requesting State or Indian tribe cannot be adequately and appropriately addressed by the public health workforce otherwise available.

“(ii) An assurance that the public health emergency would be addressed more efficiently and effectively through the requested temporary reassignment of State and local personnel described in paragraph (1).

“(iii) An assurance that the requested temporary reassignment of personnel is consistent with any applicable All-Hazards Public Health Emergency Preparedness and Response Plan under section 319C–1.

“(iv) An identification of—

“(I) each Federal program from which personnel would be temporarily reassigned pursuant to the requested authority; and

“(II) the number of personnel who would be so reassigned from each such program.

“(v) Such other information and assurances upon which the Secretary and Governor of a State or tribal organization agree.

“(C) Consideration.—In reviewing a request for temporary reassignment under paragraph (1), the Secretary shall consider the degree to which the program or programs funded in whole or in part by programs authorized under this Act would be adversely affected by the reassignment.

“(D) Termination and extension.—

“(i) Termination.—A State or Indian tribe’s temporary reassignment of personnel under paragraph (1) shall terminate upon the earlier of the following:

“(I) The Secretary’s determination that the public health emergency no longer exists.

“(II) Subject to clause (ii), the expiration of the 30-day period following the date on which the Secretary approved the State or Indian tribe’s request for such reassignment flexibility.

“(ii) Extension of reassignment flexibility.—The Secretary may extend reassignment flexibility of personnel under paragraph (1) beyond the date otherwise applicable under clause (i)(II) if the public health emergency still exists as of such date, but only if—

“(I) the State or Indian tribe that submitted the initial request for a temporary reassignment of personnel submits a request for an extension of such temporary reassignment; and

“(II) the request for an extension contains the same information and assurances necessary for the approval of an initial request for such temporary reassignment pursuant to subparagraph (B).

“(3) Voluntary nature of temporary reassignment of state and local personnel.—

“(A) In general.—Unless otherwise provided under the law or regulation of the State or Indian tribe that receives authorization for temporary reassignment of personnel under paragraph (1), personnel eligible for reassignment pursuant to such authorization—

“(i) shall have the opportunity to volunteer for temporary reassignment; and

“(ii) shall not be required to agree to a temporary reassignment.

“(B) Prohibition on conditioning federal awards.—The Secretary may not condition the award of a grant, contract, or cooperative agreement under this Act on the requirement that a State or Indian tribe require that personnel eligible for reassignment pursuant to an authorization under paragraph (1) agree to such reassignment.

“(4) Notice to congress.—The Secretary shall give notice to the Congress in conjunction with the approval under this subsection of—

“(A) any initial request for temporary reassignment of personnel; and

“(B) any request for an extension of such temporary reassignment.

“(5) Guidance.—The Secretary shall—

“(A) not later than 6 months after the enactment of this subsection, issue proposed guidance on the temporary reassignment of personnel under this subsection; and

“(B) after providing notice and a 60-day period for public comment, finalize such guidance.

“(6) Report to congress.—Not later than 4 years after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013, the Comptroller General of the United States shall conduct an independent evaluation, and submit to the appropriate committees of the Congress a report, on temporary reassignment under this subsection, including—

“(A) a description of how, and under what circumstances, such temporary reassignment has been used by States and Indian tribes;

“(B) an analysis of how such temporary reassignment has assisted States and Indian tribes in responding to public health emergencies;

“(C) an evaluation of how such temporary reassignment has improved operational efficiencies in responding to public health emergencies;

“(D) an analysis of the extent to which, if any, Federal programs from which personnel have been temporarily reassigned have been adversely affected by the reassignment; and

“(E) recommendations on how medical surge capacity could be improved in responding to public health emergencies and the impact of the reassignment flexibility under this section on such surge capacity.

“(7) Definitions.—In this subsection—

“(A) the terms ‘Indian tribe’ and ‘tribal organization’ have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act; and

“(B) the term ‘State’ includes, in addition to the entities listed in the definition of such term in section 2, the Freely Associated States.

“(8) Sunset.—This subsection shall terminate on September 30, 2018.”

SEC. 202. Improving State and Local Public Health Security.

(a)

Cooperative Agreements.— Section 319C–1 of the Public Health Service Act (42 U.S.C. 247d–3a) is amended—

(1)

in subsection (b)(1)(C), by striking “ consortium of entities described in subparagraph (A)” and inserting “ consortium of States”;

(2)

in subsection (b)(2)—

(A)

in subparagraph (A)—

(i)

by striking clauses (i) and (ii) and inserting the following:

“(i) a description of the activities such entity will carry out under the agreement to meet the goals identified under section 2802, including with respect to chemical, biological, radiological, or nuclear threats, whether naturally occurring, unintentional, or deliberate;

“(ii) a description of the activities such entity will carry out with respect to pandemic influenza, as a component of the activities carried out under clause (i), and consistent with the requirements of paragraphs (2) and (5) of subsection (g);”

(ii)

in clause (iv), by striking “ and” at the end; and

(iii)

by adding at the end the following:

“(vi) a description of how, as appropriate, the entity may partner with relevant public and private stakeholders in public health emergency preparedness and response;

“(vii) a description of how the entity, as applicable and appropriate, will coordinate with State emergency preparedness and response plans in public health emergency preparedness, including State educational agencies (as defined in section 9101(41) of the Elementary and Secondary Education Act of 1965) and State child care lead agencies (designated under section 658D of the Child Care and Development Block Grant Act of 1990);

“(viii) in the case of entities that operate on the United States-Mexico border or the United States-Canada border, a description of the activities such entity will carry out under the agreement that are specific to the border area including disease detection, identification, investigation, and preparedness and response activities related to emerging diseases and infectious disease outbreaks whether naturally occurring or due to bioterrorism, consistent with the requirements of this section; and

“(ix) a description of any activities that such entity will use to analyze real-time clinical specimens for pathogens of public health or bioterrorism significance, including any utilization of poison control centers;”

; and

(B)

in subparagraph (C), by inserting “ , including addressing the needs of at-risk individuals,” after “ capabilities of such entity”;

(3)

in subsection (f)—

(A)

in paragraph (2), by adding “ and” at the end;

(B)

in paragraph (3), by striking “ ; and” and inserting a period; and

(C)

by striking paragraph (4);

(4)

in subsection (g)—

(A)

in paragraph (1), by striking subparagraph (A) and inserting the following:

“(A) include outcome goals representing operational achievements of the National Preparedness Goals developed under section 2802(b) with respect to all-hazards, including chemical, biological, radiological, or nuclear threats; and”

; and

(B)

in paragraph (2)(A), by adding at the end the following: “ The Secretary shall periodically update, as necessary and appropriate, such pandemic influenza plan criteria and shall require the integration of such criteria into the benchmarks and standards described in paragraph (1).”;

(5)

by striking subsection (h);

(6)

by redesignating subsections (i), (j), and (k) as subsections (h), (i), and (j), respectively;

(7)

in subsection (h), as so redesignated—

(A)

in paragraph (1)—

(i)

in subparagraph (A)—

(I)

by striking “ $824,000,000 for fiscal year 2007, of which $35,000,000 shall be used to carry out subsection (h),” and inserting “ $641,900,000 for fiscal year 2014”; and

(II)

by striking “ such sums as may be necessary for each of fiscal years 2008 through 2011” and inserting “ $641,900,000 for each of fiscal years 2015 through 2018”;

(ii)

by striking subparagraph (B);

(iii)

by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and

(iv)

in subparagraph (C), as so redesignated, by striking “ subparagraph (C)” and inserting “ subparagraph (B)”;

(B)

in subparagraphs (C) and (D) of paragraph (3), by striking “ (1)(A)(i)(I)” each place it appears and inserting “ (1)(A)”;

(C)

in paragraph (4)(B), by striking “ subsection (c)” and inserting “ subsection (b)”; and

(D)

by adding at the end the following:

“(7) Availability of cooperative agreement funds.—

“(A) In general.—Amounts provided to an eligible entity under a cooperative agreement under subsection (a) for a fiscal year and remaining unobligated at the end of such year shall remain available to such entity for the next fiscal year for the purposes for which such funds were provided.

“(B) Funds contingent on achieving benchmarks.—The continued availability of funds under subparagraph (A) with respect to an entity shall be contingent upon such entity achieving the benchmarks and submitting the pandemic influenza plan as described in subsection (g).”

; and

(8)

in subsection (i), as so redesignated—

(A)

in paragraph (1)(E), by striking “ subsection (k)” and inserting “ subsection (j)”;

(B)

by striking paragraph (3).

(b)

Vaccine Tracking and Distribution.— Section 319A(e) of the Public Health Service Act (42 U.S.C. 247d–1(e)) is amended by striking “ such sums for each of fiscal years 2007 through 2011” and inserting “ $30,800,000 for each of fiscal years 2014 through 2018”.

(c)

Technical and Conforming Amendments.—

(1)

Section 319C–1(b)(1)(B) of the Public Health Service Act (42 U.S.C. 247d–3a(b)(1)(B)) is amended by striking “ subsection (i)(4)” and inserting “ subsection (h)(4)”.

(2)

Section 319C–2 of the Public Health Service Act (42 U.S.C. 247d–3b) is amended—

(A)

in subsection (i), by striking “ (j), and (k)” and inserting “ (i), and (j)”; and

(B)

in subsection (j)(3), by striking “ 319C–1(i)” and inserting “ 319C–1(h)”.

SEC. 203. Hospital Preparedness and Medical Surge Capacity.

(a)

All-Hazards Public Health and Medical Response Curricula and Training.— Section 319F(a)(5)(B) of the Public Health Service Act (42 U.S.C. 247d–6(a)(5)(B)) is amended by striking “ public health or medical” and inserting “ public health, medical, or dental”.

(b)

Encouraging Health Professional Volunteers.—

(1)

Emergency system for advance registration of volunteer health professionals.— Section 319I(k) of the Public Health Service Act (42 U.S.C. 247d–7b(k)) is amended by striking “ $2,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2011” and inserting “ $5,000,000 for each of fiscal years 2014 through 2018”.

(2)

Volunteers.— Section 2813 of the Public Health Service Act (42 U.S.C. 300hh–15) is amended—

(A)

in subsection (d)(2), by adding at the end the following: “ Such training exercises shall, as appropriate and applicable, incorporate the needs of at-risk individuals in the event of a public health emergency.”; and

(B)

in subsection (i), by striking “ $22,000,000 for fiscal year 2007, and such sums as may be necessary for each of fiscal years 2008 through 2011” and inserting “ $11,200,000 for each of fiscal years 2014 through 2018”.

(c)

Partnerships for State and Regional Preparedness To Improve Surge Capacity.— Section 319C–2 of the Public Health Service Act (42 U.S.C. 247d–3b) is amended—

(1)

in subsection (a), by inserting “ , including, as appropriate, capacity and preparedness to address the needs of children and other at-risk individuals” before the period at the end;

(2)

in subsection (b)(1)(A)(ii), by striking “ centers, primary” and inserting “ centers, community health centers, primary”;

(3)

by striking subsection (c) and inserting the following:

“(c) Use of Funds.—An award under subsection (a) shall be expended for activities to achieve the preparedness goals described under paragraphs (1), (3), (4), (5), and (6) of section 2802(b) with respect to all-hazards, including chemical, biological, radiological, or nuclear threats.”

(4)

by striking subsection (g) and inserting the following:

“(g) Coordination.—

“(1) Local response capabilities.—An eligible entity shall, to the extent practicable, ensure that activities carried out under an award under subsection (a) are coordinated with activities of relevant local Metropolitan Medical Response Systems, local Medical Reserve Corps, the local Cities Readiness Initiative, and local emergency plans.

“(2) National collaboration.—Partnerships consisting of one or more eligible entities under this section may, to the extent practicable, collaborate with other partnerships consisting of one or more eligible entities under this section for purposes of national coordination and collaboration with respect to activities to achieve the preparedness goals described under paragraphs (1), (3), (4), (5), and (6) of section 2802(b).”

(5)

in subsection (i)—

(A)

by striking “ The requirements of” and inserting the following:

“(1) In general.—The requirements of”

; and

(B)

by adding at the end the following:

“(2) Meeting goals of national health security strategy.—The Secretary shall implement objective, evidence-based metrics to ensure that entities receiving awards under this section are meeting, to the extent practicable, the applicable goals of the National Health Security Strategy under section 2802.”

; and

(6)

in subsection (j)—

(A)

by amending paragraph (1) to read as follows:

“(1) In general.—For purposes of carrying out this section, there is authorized to be appropriated $374,700,000 for each of fiscal years 2014 through 2018.”

; and

(B)

by adding at the end the following:

“(4) Availability of cooperative agreement funds.—

SEC. 204. Enhancing Situational Awareness and Biosurveillance.

(a)

In General.— Section 319D of the Public Health Service Act (42 U.S.C. 247d–4) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)(B), by inserting “ poison control centers,” after “ hospitals,”;

(B)

in paragraph (2), by inserting before the period at the end the following: “ , allowing for coordination to maximize all-hazards medical and public health preparedness and response and to minimize duplication of effort”; and

(C)

in paragraph (3), by inserting before the period at the end the following: “ and update such standards as necessary”;

(2)

by striking subsection (c);

(3)

by redesignating subsections (d) through (g) as subsections (c) through (f), respectively;

(4)

in subsection (c), as so redesignated—

(A)

in the subsection heading, by striking “ Public Health Situational Awareness” and inserting “ Modernizing Public Health Situational Awareness and Biosurveillance”;

(B)

in paragraph (1)—

(i)

by striking “ Pandemic and All-Hazards Preparedness Act” and inserting “ Pandemic and All-Hazards Preparedness Reauthorization Act of 2013”; and

(ii)

by inserting “ , novel emerging threats,” after “ disease outbreaks”;

(C)

by striking paragraph (2) and inserting the following:

“(2) Strategy and implementation plan.—Not later than 180 days after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013, the Secretary shall submit to the appropriate committees of Congress a coordinated strategy and an accompanying implementation plan that identifies and demonstrates the measurable steps the Secretary will carry out to—

“(A) develop, implement, and evaluate the network described in paragraph (1), utilizing the elements described in paragraph (3);

“(B) modernize and enhance biosurveillance activities; and

“(C) improve information sharing, coordination, and communication among disparate biosurveillance systems supported by the Department of Health and Human Services.”

(D)

in paragraph (3)(D), by inserting “ community health centers, health centers” after “ poison control,”;

(E)

in paragraph (5), by striking subparagraph (A) and inserting the following:

“(A) utilize applicable interoperability standards as determined by the Secretary, and in consultation with the Office of the National Coordinator for Health Information Technology, through a joint public and private sector process;”

; and

(F)

by adding at the end the following:

“(6) Consultation with the national biodefense science board.—In carrying out this section and consistent with section 319M, the National Biodefense Science Board shall provide expert advice and guidance, including recommendations, regarding the measurable steps the Secretary should take to modernize and enhance biosurveillance activities pursuant to the efforts of the Department of Health and Human Services to ensure comprehensive, real-time, all-hazards biosurveillance capabilities. In complying with the preceding sentence, the National Biodefense Science Board shall—

“(A) identify the steps necessary to achieve a national biosurveillance system for human health, with international connectivity, where appropriate, that is predicated on State, regional, and community level capabilities and creates a networked system to allow for two-way information flow between and among Federal, State, and local government public health authorities and clinical health care providers;

“(B) identify any duplicative surveillance programs under the authority of the Secretary, or changes that are necessary to existing programs, in order to enhance and modernize such activities, minimize duplication, strengthen and streamline such activities under the authority of the Secretary, and achieve real-time and appropriate data that relate to disease activity, both human and zoonotic; and

“(C) coordinate with applicable existing advisory committees of the Director of the Centers for Disease Control and Prevention, including such advisory committees consisting of representatives from State, local, and tribal public health authorities and appropriate public and private sector health care entities and academic institutions, in order to provide guidance on public health surveillance activities.”

(5)

in subsection (d), as so redesignated—

(A)

in paragraph (1), by striking “ subsection (d)” and inserting “ subsection (c)”;

(B)

in paragraph (4)(B), by striking “ subsection (d)” and inserting “ subsection (c)”; and

(C)

in paragraph (5)—

(i)

by striking “ 4 years after the date of enactment of the Pandemic and All-Hazards Preparedness Act” and inserting “ 3 years after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013”; and

(ii)

by striking “ subsection (d)” and inserting “ subsection (c)”;

(6)

in subsection (f), as so redesignated, by striking “ such sums as may be necessary in each of fiscal years 2007 through 2011” and inserting “ $138,300,000 for each of fiscal years 2014 through 2018”; and

(7)

by adding at the end the following:

“(g) Definition.—For purposes of this section the term ‘biosurveillance’ means the process of gathering near real-time biological data that relates to human and zoonotic disease activity and threats to human or animal health, in order to achieve early warning and identification of such health threats, early detection and prompt ongoing tracking of health events, and overall situational awareness of disease activity.”

(b)

Technical and Conforming Amendment.— Section 319C–1(b)(2)(D) of the Public Health Service Act (42 U.S.C. 247d–3a(b)(2)(D)) is amended by striking “ section 319D(d)(3)” and inserting “ section 319D(c)(3)”.

SEC. 205. Eliminating Duplicative Project Bioshield Reports.

Section 5 of the Project Bioshield Act of 2004 (42 U.S.C. 247d–6c) is repealed.

Title II — Optimizing State and Local All-Hazards Preparedness and Response