US Codex
Pub. L.
Notes

Title II — Improving Preparedness and Response

116th Congress · Approved Jun 24, 2019 · 133 Stat. 905

TITLE II Improving Preparedness and Response

SEC. 201. Improving Benchmarks and Standards for Preparedness and Response.

(a)
Evaluating Measurable Evidence-Based Benchmarks and Objective Standards.— Section 319C–1 (42 U.S.C. 247d–3a) is amended by inserting after subsection (j) the following:

“(k) Evaluation.—

“(1) In general.—Not later than 2 years after the date of enactment of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 and every 2 years thereafter, the Secretary shall conduct an evaluation of the evidence-based benchmarks and objective standards required under subsection (g). Such evaluation shall be submitted to the congressional committees of jurisdiction together with the National Health Security Strategy under section 2802, at such time as such strategy is submitted.

“(2) Content.—The evaluation under this paragraph shall include—

“(A) a review of evidence-based benchmarks and objective standards, and associated metrics and targets;

“(B) a discussion of changes to any evidence-based benchmarks and objective standards, and the effect of such changes on the ability to track whether entities are meeting or making progress toward the goals under this section and, to the extent practicable, the applicable goals of the National Health Security Strategy under section 2802;

“(C) a description of amounts received by eligible entities described in subsection (b) and section 319C–2(b), and amounts received by subrecipients and the effect of such funding on meeting evidence-based benchmarks and objective standards; and

“(D) recommendations, as applicable and appropriate, to improve evidence-based benchmarks and objective standards to more accurately assess the ability of entities receiving awards under this section to better achieve the goals under this section and section 2802.”

(b)
Evaluating the Partnership for State and Regional Hospital Preparedness.— Section 319C–2(i)(1) (42 U.S.C. 247–3b(i)(1)) is amended by striking “ section 319C–1(g), (i), and (j)” and inserting “ section 319C–1(g), (i), (j), and (k)”.

SEC. 202. Amendments to Preparedness and Response Programs.

(a)
Cooperative Agreement Applications for Improving State and Local Public Health Security.— Section 319C–1 (42 U.S.C. 247d–3a) is amended—
(1)
in subsection (a), by inserting “ , acting through the Director of the Centers for Disease Control and Prevention,” after “ the Secretary”; and
(2)
in subsection (b)(2)(A)—
(A)
in clause (vi), by inserting “ , including public health agencies with specific expertise that may be relevant to public health security, such as environmental health agencies,” after “ stakeholders”;
(B)
by redesignating clauses (vii) through (ix) as clauses (viii) through (x);
(C)
by inserting after clause (vi) the following:

“(vii) a description of how, as applicable, such entity may integrate information to account for individuals with behavioral health needs following a public health emergency;”

(D)
in clause (ix), as so redesignated, by striking “ ; and” and inserting a semicolon; and
(E)
by adding at the end the following:

“(xi) a description of how the entity will partner with health care facilities, including hospitals and nursing homes and other long-term care facilities, to promote and improve public health preparedness and response; and

“(xii) a description of how, as appropriate and practicable, the entity will include critical infrastructure partners, such as utility companies within the entity’s jurisdiction, in planning pursuant to this subparagraph to help ensure that critical infrastructure will remain functioning during, or return to function as soon as practicable after, a public health emergency;”

(b)
Exception Relating to Application of Certain Requirements.—
(1)
In general.— Section 319C–1(g) (42 U.S.C. 247d–3a(g)) is amended—
(A)
in paragraph (5)—
(i)
in the matter preceding subparagraph (A), by striking “ Beginning with fiscal year 2009” and inserting “ Beginning with fiscal year 2019”; and
(ii)
in subparagraph (A)—
(I)
by striking “ for the immediately preceding fiscal year” and inserting “ for either of the 2 immediately preceding fiscal years”; and
(II)
by striking “ 2008” and inserting “ 2018”; and
(B)
in paragraph (6), by amending subparagraph (A) to read as follows:

“(A) In general.—The amounts described in this paragraph are the following amounts that are payable to an entity for activities described in this section or section 319C–2:

“(i) For no more than one of each of the first 2 fiscal years immediately following a fiscal year in which an entity experienced a failure described in subparagraph (A) or (B) of paragraph (5), an amount equal to 10 percent of the amount the entity was eligible to receive for the respective fiscal year.

“(ii) For no more than one of the first 2 fiscal years immediately following the third consecutive fiscal year in which an entity experienced such a failure, in lieu of applying clause (i), an amount equal to 15 percent of the amount the entity was eligible to receive for the respective fiscal year.”

(2)
Effective date.— The amendments made by paragraph (1) shall apply with respect to cooperative agreements awarded on or after the date of enactment of this Act.
(c)
Partnership for State and Regional Hospital Preparedness To Improve Surge Capacity.— Section 319C–2 (42 U.S.C. 247d–3b) is amended—
(1)
in subsection (a)—
(A)
by inserting “ , acting through the Assistant Secretary for Preparedness and Response,” after “ The Secretary”; and
(B)
by striking “ preparedness for public health emergencies” and inserting “ preparedness for, and response to, public health emergencies in accordance with subsection (c)”;
(2)
in subsection (b)(1)(A)—
(A)
by striking “ partnership consisting of” and inserting “ coalition that includes”;
(B)
in clause (ii), by striking “ ; and” and inserting a semicolon; and
(C)
by adding at the end the following:

“(iv) one or more emergency medical service organizations or emergency management organizations; and”

(3)
in subsection (d)—
(A)
in paragraph (1)(B), by striking “ partnership” each place it appears and inserting “ coalition”; and
(B)
in paragraph (2)(C), by striking “ medical preparedness” and inserting “ preparedness and response”;
(4)
in subsection (f), by striking “ partnership” and inserting “ coalition”;
(5)
in subsection (g)(2)—
(A)
by striking “ Partnerships” and inserting “ Coalitions”;
(B)
by striking “ partnerships” and inserting “ coalitions”; and
(C)
by inserting “ and response” after “ preparedness”; and
(6)
in subsection (i)(1)—
(A)
by striking “ An entity” and inserting “ A coalition”; and
(B)
by striking “ such partnership” and inserting “ such coalition”.
(d)
Public Health Security Grants Authorization of Appropriations.— Section 319C–1(h)(1)(A) (42 U.S.C. 247d–3a(h)(1)(A)) is amended by striking “ $641,900,000 for fiscal year 2014” and all that follows through the period at the end and inserting “ $685,000,000 for each of fiscal years 2019 through 2023 for awards pursuant to paragraph (3) (subject to the authority of the Secretary to make awards pursuant to paragraphs (4) and (5)).”.
(e)
Partnership for State and Regional Hospital Preparedness Authorization of Appropriations.— Section 319C–2(j) (42 U.S.C. 247d–3b(j)) is amended—
(1)
by amending paragraph (1) to read as follows:

“(1) In general.—

“(A) Authorization of appropriations.—For purposes of carrying out this section and section 319C–3, in accordance with subparagraph (B), there is authorized to be appropriated $385,000,000 for each of fiscal years 2019 through 2023.

“(B) Reservation of amounts for regional systems.—

“(i) In general.—Subject to clause (ii), of the amount appropriated under subparagraph (A) for a fiscal year, the Secretary may reserve up to 5 percent for the purpose of carrying out section 319C–3.

“(ii) Reservation contingent on continued appropriations for this section.—If for fiscal year 2019 or a subsequent fiscal year, the amount appropriated under subparagraph (A) is such that, after application of clause (i), the amount remaining for the purpose of carrying out this section would be less than the amount available for such purpose for the previous fiscal year, the amount that may be reserved under clause (i) shall be reduced such that the amount remaining for the purpose of carrying out this section is not less than the amount available for such purpose for the previous fiscal year.

“(iii) Sunset.—The authority to reserve amounts under clause (i) shall expire on September 30, 2023.”

(2)
in paragraph (2), by striking “ paragraph (1) for a fiscal year” and inserting “ paragraph (1)(A) for a fiscal year and not reserved for the purpose described in paragraph (1)(B)(i)”; and
(3)
in paragraph (3)(A), by striking “ paragraph (1) and not reserved under paragraph (2)” and inserting “ paragraph (1)(A) and not reserved under paragraph (1)(B)(i) or (2)”.

SEC. 203. Regional Health Care Emergency Preparedness and Response Systems.

(a)
In General.— Part B of title III (42 U.S.C. 243 et seq.) is amended by inserting after section 319C–2 the following:

“SEC. 319C–3. GUIDELINES FOR REGIONAL HEALTH CARE EMERGENCY PREPAREDNESS AND RESPONSE SYSTEMS.

“(a) Purpose.—It is the purpose of this section to identify and provide guidelines for regional systems of hospitals, health care facilities, and other public and private sector entities, with varying levels of capability to treat patients and increase medical surge capacity during, in advance of, and immediately following a public health emergency, including threats posed by one or more chemical, biological, radiological, or nuclear agents, including emerging infectious diseases.

“(b) Guidelines.—The Assistant Secretary for Preparedness and Response, in consultation with the Director of the Centers for Disease Control and Prevention, the Administrator of the Centers for Medicare & Medicaid Services, the Administrator of the Health Resources and Services Administration, the Commissioner of Food and Drugs, the Assistant Secretary for Mental Health and Substance Use, the Assistant Secretary of Labor for Occupational Safety and Health, the Secretary of Veterans Affairs, the heads of such other Federal agencies as the Secretary determines to be appropriate, and State, local, Tribal, and territorial public health officials, shall, not later than 2 years after the date of enactment of this section—

“(1) identify and develop a set of guidelines relating to practices and protocols for all-hazards public health emergency preparedness and response for hospitals and health care facilities to provide appropriate patient care during, in advance of, or immediately following, a public health emergency, resulting from one or more chemical, biological, radiological, or nuclear agents, including emerging infectious diseases (which may include existing practices, such as trauma care and medical surge capacity and capabilities), with respect to—

“(A) a regional approach to identifying hospitals and health care facilities based on varying capabilities and capacity to treat patients affected by such emergency, including—

“(i) the manner in which the system will coordinate with and integrate the partnerships and health care coalitions established under section 319C–2(b); and

“(ii) informing and educating appropriate first responders and health care supply chain partners of the regional emergency preparedness and response capabilities and medical surge capacity of such hospitals and health care facilities in the community;

“(B) physical and technological infrastructure, laboratory capacity, staffing, blood supply, and other supply chain needs, taking into account resiliency, geographic considerations, and rural considerations;

“(C) protocols or best practices for the safety and personal protection of workers who handle human remains and health care workers (including with respect to protective equipment and supplies, waste management processes, and decontamination), sharing of specialized experience among the health care workforce, behavioral health, psychological resilience, and training of the workforce, as applicable;

“(D) in a manner that allows for disease containment (within the meaning of section 2802(b)(2)(B)), coordinated medical triage, treatment, and transportation of patients, based on patient medical need (including patients in rural areas), to the appropriate hospitals or health care facilities within the regional system or, as applicable and appropriate, between systems in different States or regions; and

“(E) the needs of children and other at-risk individuals;

“(2) make such guidelines available on the internet website of the Department of Health and Human Services in a manner that does not compromise national security; and

“(3) update such guidelines as appropriate, including based on input received pursuant to subsections (c) and (e) and information resulting from applicable reports required under the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 (including any amendments made by such Act), to address new and emerging public health threats.

“(c) Considerations.—In identifying, developing, and updating guidelines under subsection (b), the Assistant Secretary for Preparedness and Response shall—

“(1) include input from hospitals and health care facilities (including health care coalitions under section 319C–2), State, local, Tribal, and territorial public health departments, and health care or subject matter experts (including experts with relevant expertise in chemical, biological, radiological, or nuclear threats, including emerging infectious diseases), as the Assistant Secretary determines appropriate, to meet the goals under section 2802(b)(3);

“(2) consult and engage with appropriate health care providers and professionals, including physicians, nurses, first responders, health care facilities (including hospitals, primary care clinics, community health centers, mental health facilities, ambulatory care facilities, and dental health facilities), pharmacies, emergency medical providers, trauma care providers, environmental health agencies, public health laboratories, poison control centers, blood banks, tissue banks, and other experts that the Assistant Secretary determines appropriate, to meet the goals under section 2802(b)(3);

“(3) consider feedback related to financial implications for hospitals, health care facilities, public health agencies, laboratories, blood banks, tissue banks, and other entities engaged in regional preparedness planning to implement and follow such guidelines, as applicable; and

“(4) consider financial requirements and potential incentives for entities to prepare for, and respond to, public health emergencies as part of the regional health care emergency preparedness and response system.

“(d) Technical Assistance.—The Assistant Secretary for Preparedness and Response, in consultation with the Director of the Centers for Disease Control and Prevention and the Assistant Secretary of Labor for Occupational Safety and Health, may provide technical assistance and consultation toward meeting the guidelines described in subsection (b).

“(e) Demonstration Project for Regional Health Care Preparedness and Response Systems.—

“(1) In general.—The Assistant Secretary for Preparedness and Response may establish a demonstration project pursuant to the development and implementation of guidelines under subsection (b) to award grants to improve medical surge capacity for all hazards, build and integrate regional medical response capabilities, improve specialty care expertise for all-hazards response, and coordinate medical preparedness and response across State, local, Tribal, territorial, and regional jurisdictions.

“(2) Sunset.—The authority under this subsection shall expire on September 30, 2023.”

(b)
GAO Report to Congress.—
(1)
Report.— Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States (referred to in this subsection as the “Comptroller General”) shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives, a report on the extent to which hospitals and health care facilities have implemented the recommended guidelines under section 319C–3(b) of the Public Health Service Act (as added by subsection (a)), including an analysis and evaluation of any challenges hospitals or health care facilities experienced in implementing such guidelines.
(2)
Content.— The Comptroller General shall include in the report under paragraph (1)—
(A)
data on the preparedness and response capabilities that have been informed by the guidelines under section 319C–3(b) of the Public Health Service Act to improve regional emergency health care preparedness and response capability, including hospital and health care facility capacity and medical surge capabilities to prepare for, and respond to, public health emergencies; and
(B)
recommendations to reduce gaps in incentives for regional health partners, including hospitals and health care facilities, to improve capacity and medical surge capabilities to prepare for, and respond to, public health emergencies, consistent with subsection (a), which may include consideration of facilities participating in programs under section 319C–2 of the Public Health Service Act (42 U.S.C. 247d–3b) or in programs under the Centers for Medicare & Medicaid Services (including innovative health care delivery and payment models), and input from private sector financial institutions.
(3)
Consultation.— In carrying out paragraphs (1) and (2), the Comptroller General shall consult with the heads of appropriate Federal agencies, including—
(A)
the Assistant Secretary for Preparedness and Response;
(B)
the Director of the Centers for Disease Control and Prevention;
(C)
the Administrator of the Centers for Medicare & Medicaid Services;
(D)
the Assistant Secretary for Mental Health and Substance Use;
(E)
the Assistant Secretary of Labor for Occupational Safety and Health; and
(F)
the Secretary of Veterans Affairs.
(c)
Annual Reports.— Section 319C–2(i)(1) (42 U.S.C. 247d–3b(i)(1)) is amended by inserting after the first sentence the following: “ In submitting reports under this paragraph, a coalition shall include information on the progress that the coalition has made toward the implementation of section 319C–3 (or barriers to progress, if any).”.
(d)
National Health Security Strategy Incorporation of Regionalized Emergency Preparedness and Response.— Subparagraph (G) of section 2802(b)(3) (42 U.S.C. 300hh–1(b)(3)) is amended to read as follows:

“(G) Optimizing a coordinated and flexible approach to the emergency response and medical surge capacity of hospitals, other health care facilities, critical care, trauma care (which may include trauma centers), and emergency medical systems.”

(e)
Improving State and Local Public Health Security.—
(1)
State and local security.— Section 319C–1(e) (42 U.S.C. 247d–3a(e)) is amended by striking “ , and local emergency plans.” and inserting “ , local emergency plans, and any regional health care emergency preparedness and response system established pursuant to the applicable guidelines under section 319C–3.”.
(2)
Partnerships.— Section 319C–2(d)(1)(A) (42 U.S.C. 247d–3b(d)(1)(A)) is amended—
(A)
in clause (i), by striking “ ; and” and inserting “ ;”;
(B)
by redesignating clause (ii) as clause (iii); and
(C)
by inserting after clause (i) the following:

“(ii) among one or more facilities in a regional health care emergency system under section 319C–3; and”

SEC. 204. Military and Civilian Partnership for Trauma Readiness.

Title XII (42 U.S.C. 300d et seq.) is amended by adding at the end the following new part:

“PART I— MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS GRANT PROGRAM

“SEC. 1291. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS GRANT PROGRAM.

“(a) Military Trauma Team Placement Program.—

“(1) In general.—The Secretary, acting through the Assistant Secretary for Preparedness and Response and in consultation with the Secretary of Defense, shall award grants to not more than 20 eligible high-acuity trauma centers to enable military trauma teams to provide, on a full-time basis, trauma care and related acute care at such trauma centers.

“(2) Limitations.—In the case of a grant awarded under paragraph (1) to an eligible high-acuity trauma center, such grant—

“(A) shall be for a period of at least 3 years and not more than 5 years (and may be renewed at the end of such period); and

“(B) shall be in an amount that does not exceed $1,000,000 per year.

“(3) Availability of funds.—Notwithstanding section 1552 of title 31, United States Code, or any other provision of law, funds available to the Secretary for obligation for a grant under this subsection shall remain available for expenditure for 100 days after the last day of the performance period of such grant.

“(b) Military Trauma Care Provider Placement Program.—

“(1) In general.—The Secretary, acting through the Assistant Secretary for Preparedness and Response and in consultation with the Secretary of Defense, shall award grants to eligible trauma centers to enable military trauma care providers to provide trauma care and related acute care at such trauma centers.

“(2) Limitations.—In the case of a grant awarded under paragraph (1) to an eligible trauma center, such grant—

“(A) shall be for a period of at least 1 year and not more than 3 years (and may be renewed at the end of such period); and

“(B) shall be in an amount that does not exceed, in a year—

“(i) $100,000 for each military trauma care provider that is a physician at such eligible trauma center; and

“(ii) $50,000 for each other military trauma care provider at such eligible trauma center.

“(c) Grant Requirements.—

“(1) Deployment and public health emergencies.—As a condition of receipt of a grant under this section, a grant recipient shall agree to allow military trauma care providers providing care pursuant to such grant to—

“(A) be deployed by the Secretary of Defense for military operations, for training, or for response to a mass casualty incident; and

“(B) be deployed by the Secretary of Defense, in consultation with the Secretary of Health and Human Services, for response to a public health emergency pursuant to section 319.

“(2) Use of funds.—Grants awarded under this section to an eligible trauma center may be used to train and incorporate military trauma care providers into such trauma center, including incorporation into operational exercises and training drills related to public health emergencies, expenditures for malpractice insurance, office space, information technology, specialty education and supervision, trauma programs, research, and applicable license fees for such military trauma care providers.

“(d) Rule of Construction.—Nothing in this section shall be construed to affect any other provision of law that preempts State licensing requirements for health care professionals, including with respect to military trauma care providers.

“(e) Reporting Requirements.—

“(1) Report to the secretary and the secretary of defense.—Each eligible trauma center or eligible high-acuity trauma center awarded a grant under subsection (a) or (b) for a year shall submit to the Secretary and the Secretary of Defense a report for such year that includes information on—

“(A) the number and types of trauma cases managed by military trauma teams or military trauma care providers pursuant to such grant during such year;

“(B) the ability to maintain the integration of the military trauma providers or teams of providers as part of the trauma center, including the financial effect of such grant on the trauma center;

“(C) the educational effect on resident trainees in centers where military trauma teams are assigned;

“(D) any research conducted during such year supported by such grant; and

“(E) any other information required by the Secretaries for the purpose of evaluating the effect of such grant.

“(2) Report to congress.—Not less than once every 2 years, the Secretary, in consultation with the Secretary of Defense, shall submit a report to the congressional committees of jurisdiction that includes information on the effect of placing military trauma care providers in trauma centers awarded grants under this section on—

“(A) maintaining military trauma care providers’ readiness and ability to respond to and treat battlefield injuries;

“(B) providing health care to civilian trauma patients in urban and rural settings;

“(C) the capability of trauma centers and military trauma care providers to increase medical surge capacity, including as a result of a large-scale event;

“(D) the ability of grant recipients to maintain the integration of the military trauma providers or teams of providers as part of the trauma center;

“(E) efforts to incorporate military trauma care providers into operational exercises and training and drills for public health emergencies; and

“(F) the capability of military trauma care providers to participate as part of a medical response during or in advance of a public health emergency, as determined by the Secretary, or a mass casualty incident.

“(f) Definitions.—For purposes of this part:

“(1) Eligible high-acuity trauma center.—The term ‘eligible high-acuity trauma center’ means a Level I trauma center that satisfies each of the following:

“(A) Such trauma center has an agreement with the Secretary of Defense to enable military trauma teams to provide trauma care and related acute care at such trauma center.

“(B) At least 20 percent of patients treated at such trauma center in the most recent 3-month period for which data are available are treated for a major trauma at such trauma center.

“(C) Such trauma center utilizes a risk-adjusted benchmarking system and metrics to measure performance, quality, and patient outcomes.

“(D) Such trauma center is an academic training center—

“(i) affiliated with a medical school;

“(ii) that maintains residency programs and fellowships in critical trauma specialties and subspecialties, and provides education and supervision of military trauma team members according to those specialties and subspecialties; and

“(iii) that undertakes research in the prevention and treatment of traumatic injury.

“(E) Such trauma center serves as a medical and public health preparedness and response leader for its community, such as by participating in a partnership for State and regional hospital preparedness established under section 319C–2 or 319C–3.

“(2) Eligible trauma center.—The term ‘eligible trauma center’ means a Level I, II, or III trauma center that satisfies each of the following:

“(A) Such trauma center has an agreement with the Secretary of Defense to enable military trauma care providers to provide trauma care and related acute care at such trauma center.

“(B) Such trauma center utilizes a risk-adjusted benchmarking system and metrics to measure performance, quality, and patient outcomes.

“(C) Such trauma center demonstrates a need for integrated military trauma care providers to maintain or improve the trauma clinical capability of such trauma center.

“(3) Major trauma.—The term ‘major trauma’ means an injury that is greater than or equal to 15 on the injury severity score.

“(4) Military trauma team.—The term ‘military trauma team’ means a complete military trauma team consisting of military trauma care providers.

“(5) Military trauma care provider.—The term ‘military trauma care provider’ means a member of the Armed Forces who furnishes emergency, critical care, and other trauma acute care services (including a physician, surgeon, physician assistant, nurse, nurse practitioner, respiratory therapist, flight paramedic, combat medic, or enlisted medical technician) or other military trauma care provider as the Secretary determines appropriate.

“(g) Authorization of Appropriations.—To carry out this section, there is authorized to be appropriated $11,500,000 for each of fiscal years 2019 through 2023.”

SEC. 205. Public Health and Health Care System Situational Awareness and Biosurveillance Capabilities.

(a)
Facilities, Capacities, and Biosurveillance Capabilities.— Section 319D (42 U.S.C. 247d–4) is amended—
(1)
in the section heading, by striking “ revitalizing” and inserting “ facilities and capacities of”;
(2)
in subsection (a)—
(A)
in the subsection heading, by striking “ Facilities; Capacities” and inserting “ In General”;
(B)
in paragraph (1), by striking “ and improved” and inserting “ , improved, and appropriately maintained”;
(C)
in paragraph (3), in the matter preceding subparagraph (A), by striking “ expand, enhance, and improve” and inserting “ expand, improve, enhance, and appropriately maintain”; and
(D)
by adding at the end the following:

“(4) Study of resources for facilities and capacities.—Not later than June 1, 2022, the Comptroller General of the United States shall conduct a study on Federal spending in fiscal years 2013 through 2018 for activities authorized under this subsection. Such study shall include a review and assessment of obligations and expenditures directly related to each activity under paragraphs (2) and (3), including a specific accounting of, and delineation between, obligations and expenditures incurred for the construction, renovation, equipping, and security upgrades of facilities and associated contracts under this subsection, and the obligations and expenditures incurred to establish and improve the situational awareness and biosurveillance network under subsection (b), and shall identify the agency or agencies incurring such obligations and expenditures.”

(3)
in subsection (b)—
(A)
in the subsection heading, by striking “ National” and inserting “ Establishment of Systems of Public Health”;
(B)
in paragraph (1)(B), by inserting “ immunization information systems,” after “ centers,”;
(C)
in paragraph (2)—
(i)
by inserting “ develop a plan to, and” after “ The Secretary shall”; and
(ii)
by inserting “ and in a form readily usable for analytical approaches” after “ in a secure manner”; and
(D)
by amending paragraph (3) to read as follows:

“(3) Standards.—

“(A) In general.—Not later than 1 year after the date of the enactment of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019, the Secretary, in cooperation with health care providers, State, local, Tribal, and territorial public health officials, and relevant Federal agencies (including the Office of the National Coordinator for Health Information Technology and the National Institute of Standards and Technology), shall, as necessary, adopt technical and reporting standards, including standards for interoperability as defined by section 3000, for networks under paragraph (1) and update such standards as necessary. Such standards shall be made available on the internet website of the Department of Health and Human Services, in a manner that does not compromise national security.

“(B) Deference to standards development organizations.—In adopting and implementing standards under this subsection and subsection (c), the Secretary shall give deference to standards published by standards development organizations and voluntary consensus-based standards entities.”

(4)
in subsection (c)—
(A)
in paragraph (1)—
(i)
by striking “ Not later than 2 years after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013, the Secretary” and inserting “ The Secretary”;
(ii)
by inserting “ , and improve as applicable and appropriate,” after “ shall establish”;
(iii)
by striking “ of rapid” and inserting “ of, rapid”; and
(iv)
by striking “ such connectivity” and inserting “ such interoperability”;
(B)
by amending paragraph (2) to read as follows:

“(2) Coordination and consultation.—In establishing and improving the network under paragraph (1), the Secretary shall—

“(A) facilitate coordination among agencies within the Department of Health and Human Services that provide, or have the potential to provide, information and data to, and analyses for, the situational awareness and biosurveillance network under paragraph (1), including coordination among relevant agencies related to health care services, the facilitation of health information exchange (including the Office of the National Coordinator for Health Information Technology), and public health emergency preparedness and response; and

“(B) consult with the Secretary of Agriculture, the Secretary of Commerce (and the Director of the National Institute of Standards and Technology), the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Veterans Affairs, and the heads of other Federal agencies, as the Secretary determines appropriate.”

(C)
in paragraph (3)—
(i)
by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and adjusting the margins accordingly;
(ii)
in clause (iv), as so redesignated—
(I)
by inserting “ immunization information systems,” after “ poison control,”; and
(II)
by striking “ and clinical laboratories” and inserting “ , clinical laboratories, and public environmental health agencies”;
(iii)
by striking “ The network” and inserting the following:

“(A) In general.—The network”

; and

(iv)
by adding at the end the following:

“(B) Review.—Not later than 2 years after the date of the enactment of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 and every 6 years thereafter, the Secretary shall conduct a review of the elements described in subparagraph (A). Such review shall include a discussion of the addition of any elements pursuant to clause (v), including elements added to advancing new technologies, and identify any challenges in the incorporation of elements under subparagraph (A). The Secretary shall provide such review to the congressional committees of jurisdiction.”

(D)
in paragraph (5)—
(i)
by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly;
(ii)
by striking “ In establishing” and inserting the following:

“(A) In general.—In establishing”

(iii)
by adding at the end the following:

“(B) Public meeting.—

“(i) In general.—Not later than 180 days after the date of enactment of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019, the Secretary shall convene a public meeting for purposes of discussing and providing input on the potential goals, functions, and uses of the network described in paragraph (1) and incorporating the elements described in paragraph (3)(A).

“(ii) Experts.—The public meeting shall include representatives of relevant Federal agencies (including representatives from the Office of the National Coordinator for Health Information Technology and the National Institute of Standards and Technology); State, local, Tribal, and territorial public health officials; stakeholders with expertise in biosurveillance and situational awareness; stakeholders with expertise in capabilities relevant to biosurveillance and situational awareness, such as experts in informatics and data analytics (including experts in prediction, modeling, or forecasting); and other representatives as the Secretary determines appropriate.

“(iii) Topics.—Such public meeting shall include a discussion of—

“(I) data elements, including minimal or essential data elements, that are voluntarily provided for such network, which may include elements from public health and public and private health care entities, to the extent practicable;

“(II) standards and implementation specifications that may improve the collection, analysis, and interpretation of data during a public health emergency;

“(III) strategies to encourage the access, exchange, and use of information;

“(IV) considerations for State, local, Tribal, and territorial capabilities and infrastructure related to data exchange and interoperability;

“(V) privacy and security protections provided at the Federal, State, local, Tribal, and territorial levels, and by nongovernmental stakeholders; and

“(VI) opportunities for the incorporation of innovative technologies to improve the network.”

; and

(iv)
in subparagraph (A), as so designated by clause (ii)—
(I)
in clause (i), as so redesignated—
(aa)
by striking “ as determined” and inserting “ as adopted”; and
(bb)
by inserting “ and the National Institute of Standards and Technology” after “ Office of the National Coordinator for Health Information Technology”;
(II)
in clause (iii), as so redesignated, by striking “ ; and” and inserting a semicolon;
(III)
in clause (iv), as so redesignated, by striking the period and inserting “ ; and”; and
(IV)
by adding at the end the following:

“(v) pilot test standards and implementation specifications, consistent with the process described in section 3002(b)(3)(C), which State, local, Tribal, and territorial public health entities may utilize, on a voluntary basis, as a part of the network.”

(E)
by redesignating paragraph (6) as paragraph (7);
(F)
by inserting after paragraph (5) the following:

“(6) Strategy and implementation plan.—

“(A) In general.—Not later than 18 months after the date of enactment of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019, the Secretary shall submit to the congressional committees of jurisdiction a coordinated strategy and an accompanying implementation plan that—

“(i) is informed by the public meeting under paragraph (5)(B);

“(ii) includes a review and assessment of existing capabilities of the network and related infrastructure, including input provided by the public meeting under paragraph (5)(B);

“(iii) identifies and demonstrates the measurable steps the Secretary will carry out to—

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

“(II) modernize and enhance biosurveillance activities, including strategies to include innovative technologies and analytical approaches (including prediction and forecasting for pandemics and all-hazards) from public and private entities;

“(III) improve information sharing, coordination, and communication among disparate biosurveillance systems supported by the Department of Health and Human Services, including the identification of methods to improve accountability, better utilize resources and workforce capabilities, and incorporate innovative technologies within and across agencies; and

“(IV) test and evaluate capabilities of the interoperable network of systems to improve situational awareness and biosurveillance capabilities;

“(iv) includes performance measures and the metrics by which performance measures will be assessed with respect to the measurable steps under clause (iii); and

“(v) establishes dates by which each measurable step under clause (iii) will be implemented.

“(B) Annual budget plan.—Not later than 2 years after the date of enactment of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 and on an annual basis thereafter, in accordance with the strategy and implementation plan under this paragraph, the Secretary shall, taking into account recommendations provided by the National Biodefense Science Board, develop a budget plan based on the strategy and implementation plan under this section. Such budget plan shall include—

“(i) a summary of resources previously expended to establish, improve, and utilize the nationwide public health situational awareness and biosurveillance network under paragraph (1);

“(ii) estimates of costs and resources needed to establish and improve the network under paragraph (1) according to the strategy and implementation plan under subparagraph (A);

“(iii) the identification of gaps and inefficiencies in nationwide public health situational awareness and biosurveillance capabilities, resources, and authorities needed to address such gaps; and

“(iv) a strategy to minimize and address such gaps and improve inefficiencies.”

(G)
in paragraph (7), as so redesignated—
(i)
in subparagraph (A), by inserting “ (taking into account zoonotic disease, including gaps in scientific understanding of the interactions between human, animal, and environmental health)” after “ human health”;
(ii)
in subparagraph (B)—
(I)
by inserting “ and gaps in surveillance programs” after “ surveillance programs”; and
(II)
by striking “ ; and” and inserting a semicolon;
(iii)
in subparagraph (C)—
(I)
by inserting “ , animal health organizations related to zoonotic disease,” after “ health care entities”; and
(II)
by striking the period and inserting “ ; and”; and
(iv)
by adding at the end the following:

“(D) provide recommendations to the Secretary on policies and procedures to complete the steps described in this paragraph in a manner that is consistent with section 2802.”

; and

(H)
by adding at the end the following:

“(8) Situational awareness and biosurveillance as a national security priority.—The Secretary, on a periodic basis as applicable and appropriate, shall meet with the Director of National Intelligence to inform the development and capabilities of the nationwide public health situational awareness and biosurveillance network.”

(5)
in subsection (d)—
(A)
in paragraph (1)—
(i)
by inserting “ environmental health agencies,” after “ public health agencies,”; and
(ii)
by inserting “ immunization programs,” after “ poison control centers,”;
(B)
in paragraph (2)—
(i)
in subparagraph (B), by striking “ and” at the end;
(ii)
in subparagraph (C), by striking the period and inserting “ ; and”; and
(iii)
by adding after subparagraph (C) the following:

“(D) an implementation plan that may include measurable steps to achieve the purposes described in paragraph (1).”

; and

(C)
by striking paragraph (5) and inserting the following:

“(5) Technical assistance.—The Secretary may provide technical assistance to States, localities, Tribes, and territories or a consortium of States, localities, Tribes, and territories receiving an award under this subsection regarding interoperability and the technical standards set forth by the Secretary.”

(6)
by redesignating subsections (f) and (g) as subsections (i) and (j), respectively; and
(7)
by inserting after subsection (e) the following:

“(f) Personnel Authorities.—

“(1) Specially qualified personnel.—In addition to any other personnel authorities, to carry out subsections (b) and (c), the Secretary may—

“(A) appoint highly qualified individuals to scientific or professional positions at the Centers for Disease Control and Prevention, not to exceed 30 such employees at any time (specific to positions authorized by this subsection), with expertise in capabilities relevant to biosurveillance and situational awareness, such as experts in informatics and data analytics (including experts in prediction, modeling, or forecasting), and other related scientific or technical fields; and

“(B) compensate individuals appointed under subparagraph (A) in the same manner and subject to the same terms and conditions in which individuals appointed under 9903 of title 5, United States Code, are compensated, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

“(2) Limitations.—The Secretary shall exercise the authority under paragraph (1) in a manner that is consistent with the limitations described in section 319F–1(e)(2).

“(g) Timeline.—The Secretary shall accomplish the purposes under subsections (b) and (c) no later than September 30, 2023, and shall provide a justification to the congressional committees of jurisdiction for any missed or delayed implementation of measurable steps identified under subsection (c)(6)(A)(iii).

“(h) Independent Evaluation.—Not later than 3 years after the date of enactment of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019, the Comptroller General of the United States shall conduct an independent evaluation and submit to the Secretary and the congressional committees of jurisdiction a report concerning the activities conducted under subsections (b) and (c), and provide recommendations, as applicable and appropriate, on necessary improvements to the biosurveillance and situational awareness network.”

(b)
Authorization of Appropriations.— Subsection (i) of section 319D (42 U.S.C. 247d–4), as redesignated by subsection (a)(6), is amended by striking “ $138,300,000 for each of fiscal years 2014 through 2018” and inserting “ $161,800,000 for each of fiscal years 2019 through 2023”.
(c)
Biological Threat Detection Report.— The Secretary of Health and Human Services shall, in coordination with the Secretary of Defense and the Secretary of Homeland Security, not later than 180 days after the date of enactment of this Act, report to the Committee on Energy and Commerce, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives and the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate on the state of Federal biological threat detection efforts, including the following:
(1)
An identification of technological, operational, and programmatic successes and failures of domestic detection programs supported by Federal departments and agencies for intentionally introduced or accidentally released biological threat agents and naturally occurring infectious diseases.
(2)
A description of Federal efforts to facilitate the exchange of information related to the information described in paragraph (1) among Federal departments and agencies that utilize biological threat detection technology.
(3)
A description of the capabilities of detection systems in use by Federal departments and agencies including the capability to—
(A)
rapidly detect, identify, characterize, and confirm the presence of biological threat agents;
(B)
recover live biological agents from collection devices;
(C)
determine the geographical distribution of biological agents;
(D)
determine the extent of environmental contamination and persistence of biological agents; and
(E)
provide advanced molecular diagnostics to State, local, Tribal, and territorial public health and other laboratories that support biological threat detection activities.
(4)
A description of Federal interagency coordination related to biological threat detection.
(5)
A description of efforts by Federal departments and agencies that utilize biological threat detection technology to collaborate with State, local, Tribal, and territorial public health laboratories and other users of biological threat detection systems, including collaboration regarding the development of—
(A)
biological threat detection requirements or standards;
(B)
a standardized integration strategy;
(C)
training requirements or guidelines;
(D)
guidelines for a coordinated public health response, including preparedness capabilities, and, as applicable, for coordination with public health surveillance systems; and
(E)
a coordinated environmental remediation plan, as applicable.
(6)
Recommendations related to research, advanced research, development, and procurement for Federal departments and agencies to improve and enhance biological threat detection systems, including recommendations on the transfer of biological threat detection technology among Federal departments and agencies, as necessary and appropriate.

SEC. 206. Strengthening and Supporting the Public Health Emergency Rapid Response Fund.

Section 319 (42 U.S.C. 247d) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in the first sentence, by inserting “ or if the Secretary determines there is the significant potential for a public health emergency, to allow the Secretary to rapidly respond to the immediate needs resulting from such public health emergency or potential public health emergency” before the period; and
(ii)
by inserting “ The Secretary shall plan for the expedited distribution of funds to appropriate agencies and entities.” after the first sentence;
(B)
by redesignating paragraph (2) as paragraph (3);
(C)
by inserting after paragraph (1) the following:

“(2) Uses.—The Secretary may use amounts in the Fund established under paragraph (1), to—

“(A) facilitate coordination between and among Federal, State, local, Tribal, and territorial entities and public and private health care entities that the Secretary determines may be affected by a public health emergency or potential public health emergency referred to in paragraph (1) (including communication of such entities with relevant international entities, as applicable);

“(B) make grants, provide for awards, enter into contracts, and conduct supportive investigations pertaining to a public health emergency or potential public health emergency, including further supporting programs under section 319C–1, 319C–2, or 319C–3;

“(C) facilitate and accelerate, as applicable, advanced research and development of security countermeasures (as defined in section 319F–2), qualified countermeasures (as defined in section 319F–1), or qualified pandemic or epidemic products (as defined in section 319F–3), that are applicable to the public health emergency or potential public health emergency under paragraph (1);

“(D) strengthen biosurveillance capabilities and laboratory capacity to identify, collect, and analyze information regarding such public health emergency or potential public health emergency, including the systems under section 319D;

“(E) support initial emergency operations and assets related to preparation and deployment of intermittent disaster response personnel under section 2812 and the Medical Reserve Corps under section 2813; and

“(F) carry out other activities, as the Secretary determines applicable and appropriate.”

; and

(D)
by inserting after paragraph (3), as so redesignated, the following:

“(4) Review.—Not later than 2 years after the date of enactment of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019, the Secretary, in coordination with the Assistant Secretary for Preparedness and Response, shall conduct a review of the Fund under this section and provide recommendations to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives on policies to improve such Fund for the uses described in paragraph (2).

“(5) GAO report.—Not later than 4 years after the date of enactment of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019, the Comptroller General of the United States shall—

“(A) conduct a review of the Fund under this section, including its uses and the resources available in the Fund; and

“(B) submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on such review, including recommendations related to such review, as applicable.”

; and

(2)
in subsection (c)—
(A)
by inserting “ rapidly respond to public health emergencies or potential public health emergencies and” after “ used to”; and
(B)
by striking “ section.” and inserting “ Act or funds otherwise provided for emergency response.”.

SEC. 207. Improving All-Hazards Preparedness and Response by Public Health Emergency Volunteers.

(a)
In General.— Section 319I (42 U.S.C. 247d–7b) is amended—
(1)
in the section heading, by striking “ health professions volunteers” and inserting “ volunteer health professional”;
(2)
in subsection (a), by adding at the end the following: “ Such health care professionals may include members of the National Disaster Medical System, members of the Medical Reserve Corps, and individual health care professionals.”;
(3)
in subsection (i), by adding at the end the following: “ In order to inform the development of such mechanisms by States, the Secretary shall make available information and material provided by States that have developed mechanisms to waive the application of licensing requirements to applicable health professionals seeking to provide medical services during a public health emergency. Such information shall be made publicly available in a manner that does not compromise national security.”; and
(4)
in subsection (k), by striking “ 2014 through 2018” and inserting “ 2019 through 2023”.
(b)
All-Hazards Public Health Emergency Preparedness and Response Plan.— Section 319C–1(b)(2)(A)(iv) (42 U.S.C. 247d–3a(b)(2)(A)(iv)) is amended to read as follows:

“(iv) a description of the mechanism the entity will implement to utilize the Emergency Management Assistance Compact, or other mutual aid agreement, for medical and public health mutual aid, and, as appropriate, the activities such entity will implement pursuant to section 319I to improve enrollment and coordination of volunteer health care professionals seeking to provide medical services during a public health emergency, which may include—

“(I) providing a public method of communication for purposes of volunteer coordination (such as a phone number);

“(II) providing for optional registration to participate in volunteer services during processes related to State medical licensing, registration, or certification or renewal of such licensing, registration, or certification; or

“(III) other mechanisms as the State determines appropriate;”

SEC. 208. Clarifying State Liability Law for Volunteer Health Care Professionals.

(a)
In General.— Title II (42 U.S.C. 202 et seq.) is amended by inserting after section 224 the following:

“SEC. 225. HEALTH CARE PROFESSIONALS ASSISTING DURING A PUBLIC HEALTH EMERGENCY.

“(a) Limitation on Liability.—Notwithstanding any other provision of law, a health care professional who is a member of the Medical Reserve Corps under section 2813 or who is included in the Emergency System for Advance Registration of Volunteer Health Professionals under section 319I and who—

“(1) is responding—

“(A) to a public health emergency determined under section 319(a), during the initial period of not more than 90 days (as determined by the Secretary) of the public health emergency determination (excluding any period covered by a renewal of such determination); or

“(B) to a major disaster or an emergency as declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or under section 201 of the National Emergencies Act (50 U.S.C. 1621) during the initial period of such declaration;

“(2) is alleged to be liable for an act or omission—

“(A) during the initial period of a determination or declaration described in paragraph (1) and related to the treatment of individuals in need of health care services due to such public health emergency, major disaster, or emergency;

“(B) in the State or States for which such determination or declaration is made;

“(C) in the health care professional’s capacity as a member of the Medical Reserve Corps or a professional included in the Emergency System for Advance Registration of Volunteer Health Professionals under section 319I; and

“(D) in the course of providing services that are within the scope of the license, registration, or certification of the professional, as defined by the State of licensure, registration, or certification; and

“(3) prior to the rendering of such act or omission, was authorized by the State’s authorization of deploying such State’s Emergency System for Advance Registration of Volunteer Health Professionals described in section 319I or the Medical Reserve Corps established under section 2813, to provide health care services,

“(b) Volunteer Protection Act.—Nothing in this section shall be construed to affect an individual’s right to protections under the Volunteer Protection Act of 1997.

“(c) Preemption.—This section shall supersede the laws of any State that would subject a health care professional described in subsection (a) to the liability laws of any State other than the State liability laws to which such individual is subject pursuant to such subsection.

“(d) Definitions.—In this section:

“(1) The term ‘health care professional’ means an individual licensed, registered, or certified under Federal or State laws or regulations to provide health care services.

“(2) The term ‘health care services’ means any services provided by a health care professional, or by any individual working under the supervision of a health care professional, that relate to—

“(A) the diagnosis, prevention, or treatment of any human disease or impairment; or

“(B) the assessment or care of the health of human beings.

“(e) Effective Date.—

“(1) In general.—This section shall take effect 90 days after the date of the enactment of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019.

“(2) Application.—This section shall apply to a claim for harm only if the act or omission that caused such harm occurred on or after the effective date described in paragraph (1).”

(b)
GAO Study.— Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of—
(1)
the number of health care providers who register under the Emergency System for Advance Registration of Volunteer Health Professionals under section 319I of the Public Health Service Act (42 U.S.C. 247d–7b) in advance to provide services during a public health emergency;
(2)
the number of health care providers who are credentialed to provide services during the period of a public health emergency declaration, including those who are credentialed though programs established in the Emergency System for Advance Registration of Volunteer Health Professionals under such section 319I and those credentialed by authorities within the State in which the emergency occurred;
(3)
the average time to verify the credentials of a health care provider during the period of a public health emergency declaration, including the average time pursuant to the Emergency System for Advance Registration of Volunteer Health Professionals under such section 319I and for an individual’s credentials to be verified by an authority within the State; and
(4)
the Emergency System for Advance Registration of Volunteer Health Professionals program in States, including whether physician or medical groups, associations, or other relevant provider organizations utilize such program for purposes of volunteering during public health emergencies.

SEC. 209. Report on Adequate National Blood Supply.

Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing recommendations related to maintaining an adequate national blood supply, including—
(1)
challenges associated with the continuous recruitment of blood donors (including those newly eligible to donate);
(2)
ensuring the adequacy of the blood supply in the case of public health emergencies;
(3)
implementation of the transfusion transmission monitoring system; and
(4)
other measures to promote safety and innovation, such as the development, use, or implementation of new technologies, processes, and procedures to improve the safety and reliability of the blood supply.

SEC. 210. Report on the Public Health Preparedness and Response Capabilities and Capacities of Hospitals, Long-Term Care Facilities, and Other Health Care Facilities.

(a)
Study.—
(1)
In general.— Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall enter into an agreement with an appropriate entity to conduct a study regarding the public health preparedness and response capabilities and medical surge capacities of hospitals, long-term care facilities, and other health care facilities to prepare for, and respond to, public health emergencies, including natural disasters.
(2)
Consultation.— In conducting the study under paragraph (1), the entity shall consult with Federal, State, local, Tribal, and territorial public health officials (as appropriate), and health care providers and facilities with experience in public health preparedness and response activities.
(3)
Evaluation.— The study under paragraph (1) shall include—
(A)
an evaluation of the current benchmarks and objective standards, as applicable, related to programs that support hospitals, long-term care facilities, and other health care facilities, and their effect on improving public health preparedness and response capabilities and medical surge capacities, including the Hospital Preparedness Program, the Public Health Emergency Preparedness cooperative agreements, and the Regional Health Care Emergency Preparedness and Response Systems under section 319C–3 of the Public Health Service Act (as added by section 203);
(B)
the identification of gaps in preparedness, including with respect to such benchmarks and objective standards, such as those identified during recent public health emergencies, for hospitals, long-term care facilities, and other health care facilities to address future potential public health threats;
(C)
an evaluation of coordination efforts between the recipients of Federal funding for programs described in subparagraph (A) and entities with expertise in emergency power systems and other critical infrastructure partners during a public health emergency, to ensure a functioning critical infrastructure, to the greatest extent practicable, during a public health emergency;
(D)
an evaluation of coordination efforts between the recipients of Federal funding for programs described in subparagraph (A) and environmental health agencies with expertise in emergency preparedness and response planning for hospitals, long-term care facilities, and other health care facilities; and
(E)
an evaluation of current public health preparedness and response capabilities and medical surge capacities related to at-risk individuals during public health emergencies, including an identification of gaps in such preparedness as they relate to such individuals.
(b)
Report.—
(1)
In general.— The agreement under subsection (a) shall require the entity to submit to the Secretary of Health and Human Services and the congressional committees of jurisdiction, not later than 3 years after the date of enactment of this Act, a report on the results of the study conducted pursuant to this section.
(2)
Contents.— The report under paragraph (1) shall—
(A)
describe the findings and conclusions of the evaluation conducted pursuant to subsection (a); and
(B)
provide recommendations for improving public health preparedness and response capability and medical surge capacity for hospitals, long-term care facilities, and other health care facilities, including—
(i)
improving the existing benchmarks and objective standards for the Federal grant programs described in subsection (a)(3)(A) or developing new benchmarks and standards for such programs; and
(ii)
identifying best practices for improving public health preparedness and response programs and medical surge capacity at hospitals, long-term care facilities, and other health care facilities, including recommendations for the evaluation under subparagraphs (C) and (D) of subsection (a)(3).