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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3678 Reported in Senate (RS)]

                                                       Calendar No. 583
109th CONGRESS
  2d Session
                                S. 3678

                          [Report No. 109-319]

 To amend the Public Health Service Act with respect to public health 
   security and all-hazards preparedness and response, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2006

 Mr. Burr (for himself, Mr. Kennedy, Mr. Enzi, Mr. Harkin, Mr. Gregg, 
  Mr. Frist, Ms. Mikulski, Mr. Hatch, Mrs. Clinton, Mr. Roberts, Mr. 
Isakson, Mr. DeWine, and Mr. Alexander) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

                             August 3, 2006

                Reported by Mr. Enzi, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To amend the Public Health Service Act with respect to public health 
   security and all-hazards preparedness and response, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Pandemic 
and All-Hazards Preparedness Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
   <DELETED>TITLE I--NATIONAL PREPAREDNESS AND RESPONSE, LEADERSHIP, 
                       ORGANIZATION, AND PLANNING

<DELETED>Sec. 101. Public health and medical preparedness and response 
                            functions of the Secretary of Health and 
                            Human Services.
<DELETED>Sec. 102. Assistant Secretary for Preparedness and Response.
<DELETED>Sec. 103. National Health Security Strategy.
         <DELETED>TITLE II--PUBLIC HEALTH SECURITY PREPAREDNESS

<DELETED>Sec. 201. Improving State and local public health security.
<DELETED>Sec. 202. Using information technology to improve situational 
                            awareness in public health emergencies.
<DELETED>Sec. 203. Public health workforce enhancements.
<DELETED>Sec. 204. Vaccine tracking and distribution.
<DELETED>Sec. 205. National Science Advisory Board for Biosecurity.
         <DELETED>TITLE III--ALL-HAZARDS MEDICAL SURGE CAPACITY

<DELETED>Sec. 301. National Disaster Medical System.
<DELETED>Sec. 302. Enhancing medical surge capacity.
<DELETED>Sec. 303. Encouraging health professional volunteers.
<DELETED>Sec. 304. Core education and training.
<DELETED>Sec. 305. Partnerships for state and regional hospital 
                            preparedness to improve surge capacity.
<DELETED>Sec. 306. Enhancing the role of the Department of Veterans 
                            Affairs.

   <DELETED>TITLE I--NATIONAL PREPAREDNESS AND RESPONSE, LEADERSHIP, 
                  ORGANIZATION, AND PLANNING</DELETED>

<DELETED>SEC. 101. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE 
              FUNCTIONS OF THE SECRETARY OF HEALTH AND HUMAN 
              SERVICES.</DELETED>

<DELETED>    Title XXVIII of the Public Health Service Act (42 U.S.C. 
300hh-11 et seq.) is amended--</DELETED>
        <DELETED>    (1) by striking the title heading and inserting 
        the following:</DELETED>

 <DELETED>``TITLE XXVIII--NATIONAL ALL-HAZARDS PREPAREDNESS FOR PUBLIC 
                    HEALTH EMERGENCIES'';</DELETED>

        <DELETED>    (2) by amending subtitle A to read as 
        follows:</DELETED>

 <DELETED>``Subtitle A--National All-Hazards Preparedness and Response 
            Planning, Coordinating, and Reporting</DELETED>

<DELETED>``SEC. 2801. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND 
              RESPONSE FUNCTIONS.</DELETED>

<DELETED>    ``(a) In General.--The Secretary of Health and Human 
Services shall lead all Federal public health and medical response to 
public health emergencies and incidents covered by the National 
Response Plan developed pursuant to section 502(6) of the Homeland 
Security Act of 2002, or any successor plan.</DELETED>
<DELETED>    ``(b) Interagency Agreement.--The Secretary, in 
collaboration with the Secretary of Veterans Affairs, the Secretary of 
Transportation, the Secretary of Defense, the Secretary of Homeland 
Security, and the head of any other relevant Federal agency, shall 
establish an interagency agreement, consistent with the National 
Response Plan or any successor plan, under which agreement the 
Secretary of Health and Human Services shall assume operational control 
of emergency public health and medical response assets, as necessary, 
in the event of a public health emergency.''.</DELETED>

<DELETED>SEC. 102. ASSISTANT SECRETARY FOR PREPAREDNESS AND 
              RESPONSE.</DELETED>

<DELETED>    (a) Assistant Secretary for Preparedness and Response.--
Subtitle B of title XXVIII of the Public Health Service Act (42 U.S.C. 
300hh-11 et seq.) is amended--</DELETED>
        <DELETED>    (1) in the subtitle heading, by inserting ``All-
        Hazards'' before ``Emergency Preparedness'';</DELETED>
        <DELETED>    (2) by redesignating section 2811 as section 
        2812;</DELETED>
        <DELETED>    (3) by inserting after the subtitle heading the 
        following new section:</DELETED>

<DELETED>``SEC. 2811. COORDINATION OF PREPAREDNESS FOR AND RESPONSE TO 
              ALL-HAZARDS PUBLIC HEALTH EMERGENCIES.</DELETED>

<DELETED>    ``(a) In General.--There is established within the 
Department of Health and Human Services the position of the Assistant 
Secretary for Preparedness and Response. The President, with the advice 
and consent of the Senate, shall appoint an individual to serve in such 
position. Such Assistant Secretary shall report to the 
Secretary.</DELETED>
<DELETED>    ``(b) Duties.--Subject to the authority of the Secretary, 
the Assistant Secretary for Preparedness and Response shall carry out 
the following functions:</DELETED>
        <DELETED>    ``(1) Leadership.--Serve as the principal advisor 
        to the Secretary on all matters related to Federal public 
        health and medical preparedness and response for public health 
        emergencies.</DELETED>
        <DELETED>    ``(2) Personnel.--Register, credential, organize, 
        train, equip, and have the authority to deploy Federal public 
        health and medical personnel under the authority of the 
        Secretary, including the National Disaster Medical System, and 
        coordinate such personnel with the Medical Reserve Corps and 
        the Emergency System for Advance Registration of Volunteer 
        Health Professionals.</DELETED>
        <DELETED>    ``(3) Countermeasures.--</DELETED>
                <DELETED>    ``(A) Oversight.--Oversee advanced 
                research, development, and procurement of qualified 
                countermeasures (as defined in section 319F-1) and 
                qualified pandemic or epidemic products (as defined in 
                section 319F-3).</DELETED>
                <DELETED>    ``(B) Strategic national stockpile.--
                Maintain the Strategic National Stockpile in accordance 
                with section 319F-2, including conducting an annual 
                review (taking into account at-risk individuals) of the 
                contents of the stockpile, including non-pharmaceutical 
                supplies, and make necessary additions or modifications 
                to the contents based on such review.</DELETED>
        <DELETED>    ``(4) Coordination.--</DELETED>
                <DELETED>    ``(A) Federal integration.--Coordinate 
                with relevant Federal officials to ensure integration 
                of Federal preparedness and response activities for 
                public health emergencies.</DELETED>
                <DELETED>    ``(B) State, local, and tribal 
                integration.--Coordinate with State, local, and tribal 
                public health officials, the Emergency Management 
                Assistance Compact, health care systems, and emergency 
                medical service systems to ensure effective integration 
                of Federal public health and medical assets during a 
                public health emergency.</DELETED>
                <DELETED>    ``(C) Emergency medical services.--Promote 
                improved emergency medical services medical direction, 
                system integration, research, and uniformity of data 
                collection, treatment protocols, and policies with 
                regard to public health emergencies.</DELETED>
        <DELETED>    ``(5) Logistics.--In coordination with the 
        Secretary of Veterans Affairs, the Secretary of Homeland 
        Security, the General Services Administration, and other public 
        and private entities, provide logistical support for medical 
        and public health aspects of Federal responses to public health 
        emergencies.</DELETED>
        <DELETED>    ``(6) Leadership.--Provide leadership in 
        international programs, initiatives, and policies that deal 
        with public health and medical emergency preparedness and 
        response.</DELETED>
<DELETED>    ``(c) Functions.--The Assistant Secretary for Preparedness 
and Response shall--</DELETED>
        <DELETED>    ``(1) have authority over and responsibility for 
        the functions, personnel, assets, and liabilities of the 
        following--</DELETED>
                <DELETED>    ``(A) the National Disaster Medical System 
                (in accordance with section 301 of the Pandemic and 
                All-Hazards Preparedness Act);</DELETED>
                <DELETED>    ``(B) the Hospital Preparedness 
                Cooperative Agreement Program pursuant to section 319C-
                2; and</DELETED>
                <DELETED>    ``(C) the Public Health Preparedness 
                Cooperative Agreement Program pursuant to section 319C-
                1;</DELETED>
        <DELETED>    ``(2) exercise the responsibilities and 
        authorities of the Secretary with respect to the coordination 
        of--</DELETED>
                <DELETED>    ``(A) the Medical Reserve Corps pursuant 
                to section 2813 as added by the Pandemic and All-
                Hazards Preparedness Act;</DELETED>
                <DELETED>    ``(B) the Emergency System for Advance 
                Registration of Volunteer Health Professionals pursuant 
                to section 319I;</DELETED>
                <DELETED>    ``(C) the Strategic National Stockpile; 
                and</DELETED>
                <DELETED>    ``(D) the Cities Readiness Initiative; 
                and</DELETED>
        <DELETED>    ``(3) assume other duties as determined 
        appropriate by the Secretary.''; and</DELETED>
        <DELETED>    (4) by striking ``Assistant Secretary for Public 
        Health Emergency Preparedness'' each place it appears and 
        inserting ``Assistant Secretary for Preparedness and 
        Response''.</DELETED>
<DELETED>    (b) Transfer of Functions; References.--</DELETED>
        <DELETED>    (1) Transfer of functions.--There shall be 
        transferred to the Office of the Assistant Secretary for 
        Preparedness and Response the functions, personnel, assets, and 
        liabilities of the Assistant Secretary for Public Health 
        Emergency Preparedness as in effect on the day before the date 
        of enactment of this Act.</DELETED>
        <DELETED>    (2) References.--Any reference in any Federal law, 
        Executive order, rule, regulation, or delegation of authority, 
        or any document of or pertaining to the Assistant Secretary for 
        Public Health Emergency Preparedness as in effect the day 
        before the date of enactment of this Act, shall be deemed to be 
        a reference to the Assistant Secretary for Preparedness and 
        Response.</DELETED>

<DELETED>SEC. 103. NATIONAL HEALTH SECURITY STRATEGY.</DELETED>

<DELETED>    Title XXVIII of the Public Health Service Act (300hh-11 et 
seq.), as amended by section 101, is amended by inserting after section 
2801 the following:</DELETED>

<DELETED>``SEC. 2802. NATIONAL HEALTH SECURITY STRATEGY.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Preparedness and response regarding public 
        health emergencies.--Beginning in 2009 and every 4 years 
        thereafter, the Secretary shall prepare and submit to the 
        relevant Committees of Congress a coordinated strategy and any 
        revisions thereof, and an accompanying implementation plan for 
        public health emergency preparedness and response. The strategy 
        shall identify the process for achieving the preparedness goals 
        described in subsection (b) and shall be consistent with the 
        National Preparedness Goal, the National Incident Management 
        System, and the National Response Plan developed pursuant to 
        section 502(6) of the Homeland Security Act of 2002, or any 
        successor plan.</DELETED>
        <DELETED>    ``(2) Evaluation of progress.--The National Health 
        Security Strategy shall include an evaluation of the progress 
        made by Federal, State, local, and tribal entities, based on 
        the evidence-based benchmarks and objective standards that 
        measure levels of preparedness established pursuant to section 
        319C-1(g). Such evaluation shall include aggregate and State-
        specific breakdowns of obligated funding spent by major 
        category (as defined by the Secretary) for activities funded 
        through awards pursuant to sections 319C-1 and 319C-
        2.</DELETED>
        <DELETED>    ``(3) Public health workforce.--In 2009, the 
        National Health Security Strategy shall include a national 
        strategy for establishing an effective and prepared public 
        health workforce, including defining the functions, 
        capabilities, and gaps in such workforce, and identifying 
        strategies to recruit, retain, and protect such workforce from 
        workplace exposures during public health emergencies.</DELETED>
<DELETED>    ``(b) Preparedness Goals.--The strategy under subsection 
(a) shall include provisions in furtherance of the following:</DELETED>
        <DELETED>    ``(1) Integration.--Integrating public health and 
        public and private medical capabilities with other first 
        responder systems, including through--</DELETED>
                <DELETED>    ``(A) the periodic evaluation of Federal, 
                State, local, and tribal preparedness and response 
                capabilities through drills and exercises; 
                and</DELETED>
                <DELETED>    ``(B) integrating public and private 
                sector public health and medical donations and 
                volunteers.</DELETED>
        <DELETED>    ``(2) Public health.--Developing and sustaining 
        Federal, State, local, and tribal essential public health 
        security capabilities, including the following:</DELETED>
                <DELETED>    ``(A) Disease situational awareness 
                domestically and abroad, including detection, 
                identification, and investigation.</DELETED>
                <DELETED>    ``(B) Disease containment including 
                capabilities for isolation, quarantine, social 
                distancing, and decontamination.</DELETED>
                <DELETED>    ``(C) Risk communication and public 
                preparedness.</DELETED>
                <DELETED>    ``(D) Rapid distribution and 
                administration of medical countermeasures.</DELETED>
        <DELETED>    ``(3) Medical.--Increasing the preparedness, 
        response capabilities, and surge capacity of hospitals, other 
        health care facilities (including mental health facilities), 
        and trauma care and emergency medical service systems with 
        respect to public health emergencies, which shall include 
        developing plans for the following:</DELETED>
                <DELETED>    ``(A) Strengthening public health 
                emergency medical management and treatment 
                capabilities.</DELETED>
                <DELETED>    ``(B) Medical evacuation and fatality 
                management.</DELETED>
                <DELETED>    ``(C) Rapid distribution and 
                administration of medical countermeasures.</DELETED>
                <DELETED>    ``(D) Effective utilization of any 
                available public and private mobile medical assets and 
                integration of other Federal assets.</DELETED>
                <DELETED>    ``(E) Protecting health care workers and 
                health care first responders from workplace exposures 
                during a public health emergency.</DELETED>
        <DELETED>    ``(4) At-risk individuals.--</DELETED>
                <DELETED>    ``(A) Taking into account the public 
                health and medical needs of at-risk individuals in the 
                event of a public health emergency.</DELETED>
                <DELETED>    ``(B) For purpose of this title and 
                section 319, the term `at-risk individuals' means 
                children, pregnant women, senior citizens and other 
                individuals who have special needs in the event of a 
                public health emergency, as determined by the 
                Secretary.</DELETED>
        <DELETED>    ``(5) Coordination.--Minimizing duplication of, 
        and ensuring coordination between Federal, State, local, and 
        tribal planning, preparedness, and response activities 
        (including the State Emergency Management Assistance Compact). 
        Such planning shall be consistent with the National Response 
        Plan, or any successor plan, and National Incident Management 
        System and the National Preparedness Goal.</DELETED>
        <DELETED>    ``(6) Continuity of operations.--Maintaining vital 
        public health and medical services to allow for optimal 
        Federal, State, local, and tribal operations in the event of a 
        public health emergency.''.</DELETED>

    <DELETED>TITLE II--PUBLIC HEALTH SECURITY PREPAREDNESS</DELETED>

<DELETED>SEC. 201. IMPROVING STATE AND LOCAL PUBLIC HEALTH 
              SECURITY.</DELETED>

<DELETED>    Section 319C-1 of the Public Health Service Act (42 U.S.C. 
247d-3a) is amended--</DELETED>
        <DELETED>    (1) by amending the heading to read as follows: 
        ``improving state and local public health 
        security.'';</DELETED>
        <DELETED>    (2) by striking subsections (a) through (i) and 
        inserting the following:</DELETED>
<DELETED>    ``(a) In General.--To enhance the security of the United 
States with respect to public health emergencies, the Secretary shall 
award cooperative agreements to eligible entities to enable such 
entities to conduct the activities described in subsection 
(d).</DELETED>
<DELETED>    ``(b) Eligible Entities.--To be eligible to receive an 
award under subsection (a), an entity shall--</DELETED>
        <DELETED>    ``(1)(A) be a State;</DELETED>
        <DELETED>    ``(B) be a political subdivision determined by the 
        Secretary to be eligible for an award under this section (based 
        on criteria described in subsection (h)(4); or</DELETED>
        <DELETED>    ``(C) be a consortium of entities described in 
        subparagraph (A); and</DELETED>
        <DELETED>    ``(2) prepare and submit to the Secretary an 
        application at such time, and in such manner, and containing 
        such information as the Secretary may require, including--
        </DELETED>
                <DELETED>    ``(A) an All-Hazards Public Health 
                Emergency Preparedness and Response Plan which shall 
                include--</DELETED>
                        <DELETED>    ``(i) a description of the 
                        activities such entity will carry out under the 
                        agreement to meet the goals identified under 
                        section 2802;</DELETED>
                        <DELETED>    ``(ii) a pandemic influenza plan 
                        consistent with the requirements of paragraphs 
                        (2) and (5) of subsection (g);</DELETED>
                        <DELETED>    ``(iii) preparedness and response 
                        strategies and capabilities that take into 
                        account the medical and public health needs of 
                        at-risk individuals in the event of a public 
                        health emergency;</DELETED>
                        <DELETED>    ``(iv) a description of the 
                        mechanism the entity will implement to utilize 
                        the Emergency Management Assistance Compact or 
                        other mutual aid agreements for medical and 
                        public health mutual aid; and</DELETED>
                        <DELETED>    ``(v) a description of how the 
                        entity will include the State Area Agency on 
                        Aging in public health emergency 
                        preparedness;</DELETED>
                <DELETED>    ``(B) an assurance that the entity will 
                report to the Secretary on an annual basis (or more 
                frequently as determined by the Secretary) on the 
                evidence-based benchmarks and objective standards 
                established by the Secretary to evaluate the 
                preparedness and response capabilities of such 
                entity;</DELETED>
                <DELETED>    ``(C) an assurance that the entity will 
                conduct, on at least an annual basis, an exercise or 
                drill that meets any criteria established by the 
                Secretary to test the preparedness and response 
                capabilities of such entity, and that the entity will 
                report back to the Secretary within the application of 
                the following year on the strengths and weaknesses 
                identified through such exercise or drill, and 
                corrective actions taken to address material 
                weaknesses;</DELETED>
                <DELETED>    ``(D) an assurance that the entity will 
                provide to the Secretary the data described under 
                section 319D(d)(3) as determined feasible by the 
                Secretary;</DELETED>
                <DELETED>    ``(E) an assurance that the entity will 
                conduct activities to inform and educate the hospitals 
                within the jurisdiction of such entity on the role of 
                such hospitals in the plan required under subparagraph 
                (A);</DELETED>
                <DELETED>    ``(F) an assurance that the entity, with 
                respect to the plan described under subparagraph (A), 
                has developed and will implement an accountability 
                system to ensure that such entity make satisfactory 
                annual improvement and describe such system in the plan 
                under subparagraph (A);</DELETED>
                <DELETED>    ``(G) a description of the means by which 
                to obtain public comment and input on the plan 
                described in subparagraph (A) and on the implementation 
                of such plan, that shall include an advisory committee 
                or other similar mechanism for obtaining comment from 
                the public and from other State, local, and tribal 
                stakeholders; and</DELETED>
                <DELETED>    ``(H) as relevant, a description of the 
                process used by the entity to consult with local 
                departments of public health to reach consensus, 
                approval, or concurrence on the relative distribution 
                of amounts received under this section.</DELETED>
<DELETED>    ``(c) Limitation.--Beginning in fiscal year 2009, the 
Secretary may not award a cooperative agreement to a State unless such 
State is a participant in the Emergency System for Advance Registration 
of Volunteer Health Professionals described in section 319I.</DELETED>
<DELETED>    ``(d) Use of Funds.--</DELETED>
        <DELETED>    ``(1) In general.--An award under subsection (a) 
        shall be expended for activities to achieve the preparedness 
        goals described under paragraphs (1), (2), (4), (5), and (6) of 
        section 2802(b).</DELETED>
        <DELETED>    ``(2) Effect of section.--Nothing in this 
        subsection may be construed as establishing new regulatory 
        authority or as modifying any existing regulatory 
        authority.</DELETED>
<DELETED>    ``(e) Coordination With Local Response Capabilities.--An 
entity shall, to the extent practicable, ensure that activities carried 
out under an award under subsection (a) are coordinated with activities 
of relevant Metropolitan Medical Response Systems, local public health 
departments, the Cities Readiness Initiative, and local emergency 
plans.</DELETED>
<DELETED>    ``(f) Consultation With Homeland Security.--In making 
awards under subsection (a), the Secretary shall consult with the 
Secretary of Homeland Security to--</DELETED>
        <DELETED>    ``(1) ensure maximum coordination of public health 
        and medical preparedness and response activities with the 
        Metropolitan Medical Response System, and other relevant 
        activities;</DELETED>
        <DELETED>    ``(2) minimize duplicative funding of programs and 
        activities;</DELETED>
        <DELETED>    ``(3) analyze activities, including exercises and 
        drills, conducted under this section to develop recommendations 
        and guidance on best practices for such activities, 
        and</DELETED>
        <DELETED>    ``(4) disseminate such recommendations and 
        guidance, including through expanding existing lessons learned 
        information system to create a single Internet-based point of 
        access for sharing and distributing medical and public health 
        best practices and lessons learned from drills, exercises, 
        disasters, and other emergencies.</DELETED>
<DELETED>    ``(g) Achievement of Measurable Evidence-Based Benchmarks 
and Objective Standards.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 180 days after 
        the date of enactment of the Pandemic and All-Hazards 
        Preparedness Act, the Secretary shall develop or where 
        appropriate adopt, and require the application of measurable 
        evidence-based benchmarks and objective standards that measure 
        levels of preparedness with respect to the activities described 
        in this section and with respect to activities described in 
        section 319C-2. In developing such benchmarks and standards, 
        the Secretary shall consult with and seek comments from State, 
        local, and tribal officials and private entities, as 
        appropriate. Where appropriate, the Secretary shall incorporate 
        existing objective standards. Such benchmarks and standards 
        shall, at a minimum, require entities to--</DELETED>
                <DELETED>    ``(A) demonstrate progress toward 
                achieving the preparedness goals described in section 
                2802 in a reasonable timeframe determined by the 
                Secretary;</DELETED>
                <DELETED>    ``(B) annually report grant expenditures 
                to the Secretary (in a form prescribed by the 
                Secretary) who shall ensure that such information is 
                included on the Federal Internet-based point of access 
                developed under subsection (f); and</DELETED>
                <DELETED>    ``(C) at least annually, test and exercise 
                the public health and medical emergency preparedness 
                and response capabilities of the grantee, based on 
                criteria established by the Secretary.</DELETED>
        <DELETED>    ``(2) Criteria for pandemic influenza plans.--
        </DELETED>
                <DELETED>    ``(A) In general.--Not later than 180 days 
                after the date of enactment of the Pandemic and All-
                Hazards Preparedness Act, the Secretary shall develop 
                and disseminate to the chief executive officer of each 
                State criteria for an effective State plan for 
                responding to pandemic influenza.</DELETED>
                <DELETED>    ``(B) Rule of construction.--Nothing in 
                this section shall be construed to require the 
                duplication of Federal efforts with respect to the 
                development of criteria or standards, without regard to 
                whether such efforts were carried out prior to or after 
                the date of enactment of this section.</DELETED>
        <DELETED>    ``(3) Technical assistance.--The Secretary shall, 
        as determined appropriate by the Secretary, provide to a State, 
        upon request, technical assistance in meeting the requirements 
        of this section, including the provision of advice by experts 
        in the development of high-quality assessments, the setting of 
        State objectives and assessment methods, the development of 
        measures of satisfactory annual improvement that are valid and 
        reliable, and other relevant areas.</DELETED>
        <DELETED>    ``(4) Notification of failures.--The Secretary 
        shall develop and implement a process to notify entities that 
        are determined by the Secretary to have failed to meet the 
        requirements of paragraph (1) or (2). Such process shall 
        provide such entities with the opportunity to correct such 
        noncompliance. An entity that fails to correct such 
        noncompliance shall be subject to paragraph (5).</DELETED>
        <DELETED>    ``(5) Withholding of amounts from entities that 
        fail to achieve benchmarks or submit influenza plan.--Beginning 
        with fiscal year 2009, and in each succeeding fiscal year, the 
        Secretary shall--</DELETED>
                <DELETED>    ``(A) withhold from each entity that has 
                failed substantially to meet the benchmarks and 
                performance measures described in paragraph (1) for a 
                previous fiscal year (beginning with fiscal year 2008), 
                pursuant to the process developed under paragraph (4), 
                the amount described in paragraph (6); and</DELETED>
                <DELETED>    ``(B) withhold from each entity that has 
                failed to submit to the Secretary a plan for responding 
                to pandemic influenza that meets the criteria developed 
                under paragraph (2), the amount described in paragraph 
                (6).</DELETED>
        <DELETED>    ``(6) Amounts described.--</DELETED>
                <DELETED>    ``(A) In general.--The amounts described 
                in this paragraph are the following amounts that are 
                payable to an entity for activities described in 
                section 319C-1 or 319C-2:</DELETED>
                        <DELETED>    ``(i) For the fiscal year 
                        immediately following a fiscal year in which an 
                        entity experienced a failure described in 
                        subparagraph (A) or (B) of paragraph (5) by the 
                        entity, an amount equal to 10 percent of the 
                        amount the entity was eligible to receive for 
                        such fiscal year.</DELETED>
                        <DELETED>    ``(ii) For the fiscal year 
                        immediately following two consecutive fiscal 
                        years in which an entity experienced such a 
                        failure, an amount equal to 15 percent of the 
                        amount the entity was eligible to receive for 
                        such fiscal year, taking into account the 
                        withholding of funds for the immediately 
                        preceding fiscal year under clause 
                        (i).</DELETED>
                        <DELETED>    ``(iii) For the fiscal year 
                        immediately following three consecutive fiscal 
                        years in which an entity experienced such a 
                        failure, an amount equal to 20 percent of the 
                        amount the entity was eligible to receive for 
                        such fiscal year, taking into account the 
                        withholding of funds for the immediately 
                        preceding fiscal years under clauses (i) and 
                        (ii).</DELETED>
                        <DELETED>    ``(iv) For the fiscal year 
                        immediately following four consecutive fiscal 
                        years in which an entity experienced such a 
                        failure, an amount equal to 25 percent of the 
                        amount the entity was eligible to receive for 
                        such a fiscal year, taking into account the 
                        withholding of funds for the immediately 
                        preceding fiscal years under clauses (i), (ii), 
                        and (iii).</DELETED>
                <DELETED>    ``(B) Separate accounting.--Each failure 
                described in subparagraph (A) or (B) of paragraph (5) 
                shall be treated as a separate failure for purposes of 
                calculating amounts withheld under subparagraph 
                (A).</DELETED>
        <DELETED>    ``(7) Reallocation of amounts withheld.--
        </DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                make amounts withheld under paragraph (6) available for 
                making awards under section 319C-2 to entities 
                described in subsection (b)(1) of such 
                section.</DELETED>
                <DELETED>    ``(B) Preference in reallocation.--In 
                making awards under section 319C-2 with amounts 
                described in subparagraph (A), the Secretary shall give 
                preference to eligible entities (as described in 
                section 319C-2(b)(1)) that are located in whole or in 
                part in States from which amounts have been withheld 
                under paragraph (6).</DELETED>
        <DELETED>    ``(8) Waiver or reduce withholding.--The Secretary 
        may waive or reduce the withholding described in paragraph (6), 
        for a single entity or for all entities in a fiscal year, if 
        the Secretary determines that mitigating conditions exist that 
        justify the waiver or reduction.'';</DELETED>
        <DELETED>    (3) by redesignating subsection (j) as subsection 
        (h);</DELETED>
        <DELETED>    (4) in subsection (h), as so redesignated--
        </DELETED>
                <DELETED>    (A) by striking paragraphs (1) through 
                (3)(A) and inserting the following:</DELETED>
        <DELETED>    ``(1) Authorization of appropriations.--</DELETED>
                <DELETED>    ``(A) In general.--For the purpose of 
                carrying out this section, there is authorized to be 
                appropriated $824,000,000 fiscal year 2007 for awards 
                pursuant to paragraph (3) (subject to the authority of 
                the Secretary to make awards pursuant to paragraphs (4) 
                and (5)), and such sums as may be necessary for each of 
                fiscal years 2008 through 2011.</DELETED>
                <DELETED>    ``(B) Coordination.--There are authorized 
                to be appropriated, $10,000,000 for fiscal year 2007 to 
                carry out subsection (f)(3).</DELETED>
                <DELETED>    ``(C) Requirement for state matching 
                funds.--Beginning in fiscal year 2009, in the case of 
                any State or consortium of two or more States, the 
                Secretary may not award a cooperative agreement under 
                this section unless the State or consortium of States 
                agree that, with respect to the amount of the 
                cooperative agreement awarded by the Secretary, the 
                State or consortium of States will make available 
                (directly or through donations from public or private 
                entities) non-Federal contributions in an amount equal 
                to--</DELETED>
                        <DELETED>    ``(i) for the first fiscal year of 
                        the cooperative agreement, not less than 5 
                        percent of such costs ($1 for each $20 of 
                        Federal funds provided in the cooperative 
                        agreement); and</DELETED>
                        <DELETED>    ``(ii) for any second fiscal year 
                        of the cooperative agreement, and for any 
                        subsequent fiscal year of such cooperative 
                        agreement, not less than 10 percent of such 
                        costs ($1 for each $10 of Federal funds 
                        provided in the cooperative 
                        agreement).</DELETED>
                <DELETED>    ``(D) Determination of amount of non-
                federal contributions.--As determined by the Secretary, 
                non-Federal contributions required in subparagraph (C) 
                may be provided directly or through donations from 
                public or private entities and may be in cash or in 
                kind, fairly evaluated, including plant, equipment or 
                services. Amounts provided by the Federal government, 
                or services assisted or subsidized to any significant 
                extent by the Federal government, may not be included 
                in determining the amount of such non-Federal 
                contributions.</DELETED>
        <DELETED>    ``(2) Maintaining state funding.--</DELETED>
                <DELETED>    ``(A) In general.--An entity that receives 
                an award under this section shall maintain expenditures 
                for public health security at a level that is not less 
                than the average level of such expenditures maintained 
                by the entity for the preceding 2 year 
                period.</DELETED>
                <DELETED>    ``(B) Rule of construction.--Nothing in 
                this section shall be construed to prohibit the use of 
                awards under this section to pay salary and related 
                expenses of public health and other professionals 
                employed by State, local, or tribal public health 
                agencies who are carrying out activities supported by 
                such awards (regardless of whether the primary 
                assignment of such personnel is to carry out such 
                activities).</DELETED>
        <DELETED>    ``(3) Determination of amount.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                award cooperative agreements under subsection (a) to 
                each State or consortium of 2 or more States that 
                submits to the Secretary an application that meets the 
                criteria of the Secretary for the receipt of such an 
                award and that meets other implementation conditions 
                established by the Secretary for such 
                awards.'';</DELETED>
                <DELETED>    (B) in paragraph (4)(A)--</DELETED>
                        <DELETED>    (i) by striking ``2003'' and 
                        inserting ``2007''; and</DELETED>
                        <DELETED>    (ii) by striking 
                        ``(A)(i)(I)'';</DELETED>
                <DELETED>    (C) in paragraph (4)(D), by striking 
                ``2002'' and inserting ``2006'';</DELETED>
                <DELETED>    (D) in paragraph (5), by striking ``2003'' 
                and inserting ``2007''; and</DELETED>
                <DELETED>    (E) by striking paragraph (6) and 
                inserting the following:</DELETED>
        <DELETED>    ``(6) Funding of local entities.--The Secretary 
        shall, in making awards under this section, ensure that with 
        respect to the cooperative agreement awarded, the entity make 
        available appropriate portions of such award to political 
        subdivisions and local departments of public health through a 
        process involving the consensus, approval or concurrence with 
        such local entities.''; and</DELETED>
        <DELETED>    (5) by adding at the end the following:</DELETED>
<DELETED>    ``(i) Administrative and Fiscal Responsibility.--
</DELETED>
        <DELETED>    ``(1) Annual reporting requirements.--Each entity 
        shall prepare and submit to the Secretary annual reports on its 
        activities under this section and section 319C-2. Each such 
        report shall be prepared by, or in consultation with, the 
        health department. In order to properly evaluate and compare 
        the performance of different entities assisted under this 
        section and section 319C-2 and to assure the proper expenditure 
        of funds under this section and section 319C-2, such reports 
        shall be in such standardized form and contain such information 
        as the Secretary determines (after consultation with the 
        States) to be necessary to--</DELETED>
                <DELETED>    ``(A) secure an accurate description of 
                those activities;</DELETED>
                <DELETED>    ``(B) secure a complete record of the 
                purposes for which funds were spent, and of the 
                recipients of such funds;</DELETED>
                <DELETED>    ``(C) describe the extent to which the 
                entity has met the goals and objectives it set forth 
                under this section or section 319C-2; and</DELETED>
                <DELETED>    ``(D) determine the extent to which funds 
                were expended consistent with the entity's application 
                transmitted under this section or section 319C-
                2.</DELETED>
        <DELETED>    ``(2) Audits; implementation.--</DELETED>
                <DELETED>    ``(A) In general.--Each entity receiving 
                funds under this section or section 319C-2 shall, not 
                less often than once every 2 years, audit its 
                expenditures from amounts received under this section 
                or section 319C-2. Such audits shall be conducted by an 
                entity independent of the agency administering a 
                program funded under this section or section 319C-2 in 
                accordance with the Comptroller General's standards for 
                auditing governmental organizations, programs, 
                activities, and functions and generally accepted 
                auditing standards. Within 30 days following the 
                completion of each audit report, the entity shall 
                submit a copy of that audit report to the 
                Secretary.</DELETED>
                <DELETED>    ``(B) Repayment.--Each entity shall repay 
                to the United States amounts found by the Secretary, 
                after notice and opportunity for a hearing to the 
                entity, not to have been expended in accordance with 
                this section or section 319C-2 and, if such repayment 
                is not made, the Secretary may offset such amounts 
                against the amount of any allotment to which the entity 
                is or may become entitled under this section or section 
                319C-2 or may otherwise recover such amounts.</DELETED>
                <DELETED>    ``(C) Withholding of payment.--The 
                Secretary may, after notice and opportunity for a 
                hearing, withhold payment of funds to any entity which 
                is not using its allotment under this section or 
                section 319C-2 in accordance with such section. The 
                Secretary may withhold such funds until the Secretary 
                finds that the reason for the withholding has been 
                removed and there is reasonable assurance that it will 
                not recur.</DELETED>
        <DELETED>    ``(3) Maximum carryover amount.--</DELETED>
                <DELETED>    ``(A) In general.--For each fiscal year, 
                the Secretary, in consultation with the States and 
                political subdivisions, shall determine the maximum 
                percentage amount of an award under this section that 
                an entity may carryover to the succeeding fiscal 
                year.</DELETED>
                <DELETED>    ``(B) Amount exceeded.--For each fiscal 
                year, if the percentage amount of an award under this 
                section unexpended by an entity exceeds the maximum 
                percentage permitted by the Secretary under 
                subparagraph (A), the entity shall return to the 
                Secretary the portion of the unexpended amount that 
                exceeds the maximum amount permitted to be carried over 
                by the Secretary.</DELETED>
                <DELETED>    ``(C) Action by secretary.--The Secretary 
                shall make amounts returned to the Secretary under 
                subparagraph (B) available for awards under section 
                319C-2(b)(1). In making awards under section 319C-
                2(b)(1) with amounts collected under this paragraph the 
                Secretary shall give preference to entities that are 
                located in whole or in part in States from which 
                amounts have been returned under subparagraph 
                (B).</DELETED>
                <DELETED>    ``(D) Waiver.--An entity may apply to the 
                Secretary for a waiver of the maximum percentage amount 
                under subparagraph (A). Such an application for a 
                waiver shall include an explanation why such 
                requirement should not apply to the entity and the 
                steps taken by such entity to ensure that all funds 
                under an award under this section will be expended 
                appropriately.</DELETED>
                <DELETED>    ``(E) Waive or reduce withholding.--The 
                Secretary may waive the application of subparagraph (B) 
                for a single entity pursuant to subparagraph (D) or for 
                all entities in a fiscal year, if the Secretary 
                determines that mitigating conditions exist that 
                justify the waiver or reduction.''.</DELETED>

<DELETED>SEC. 202. USING INFORMATION TECHNOLOGY TO IMPROVE SITUATIONAL 
              AWARENESS IN PUBLIC HEALTH EMERGENCIES.</DELETED>

<DELETED>    Section 319D of the Public Health Service Act (42 U.S.C. 
247d-4) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(1), by inserting 
        ``domestically and abroad'' after ``public health threats''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(d) Public Health Situational Awareness.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 2 years after 
        the date of enactment of the Pandemic and All-Hazards 
        Preparedness Act, the Secretary, in collaboration with State, 
        local, and tribal public health officials, shall establish a 
        near real-time electronic nationwide public health situational 
        awareness capability through an interoperable network of 
        systems to share data and information to enhance early 
        detection of rapid response to, and management of, potentially 
        catastrophic infectious disease outbreaks and other public 
        health emergencies that originate domestically or abroad. Such 
        network shall be built on existing State situational awareness 
        systems or enhanced systems that enable such 
        connectivity.</DELETED>
        <DELETED>    ``(2) Strategic plan.--Not later than 180 days 
        after the date of enactment the Pandemic and All-Hazards 
        Preparedness Act, the Secretary shall submit to the appropriate 
        committees of Congress, a strategic plan that demonstrates the 
        steps the Secretary will undertake to develop, implement, and 
        evaluate the network described in paragraph (1), utilizing the 
        elements described in paragraph (3).</DELETED>
        <DELETED>    ``(3) Elements.--The network described in 
        paragraph (1) shall include data and information transmitted in 
        a standardized format from--</DELETED>
                <DELETED>    ``(A) State, local, and tribal public 
                health entities, including public health 
                laboratories;</DELETED>
                <DELETED>    ``(B) Federal health agencies;</DELETED>
                <DELETED>    ``(C) zoonotic disease monitoring 
                systems;</DELETED>
                <DELETED>    ``(D) public and private sector health 
                care entities, hospitals, pharmacies, poison control 
                centers or professional organizations in the field of 
                poison control, and clinical laboratories, to the 
                extent practicable and provided that such data are 
                voluntarily provided simultaneously to the Secretary 
                and appropriate State, local, and tribal public health 
                agencies; and</DELETED>
                <DELETED>    ``(E) such other sources as the Secretary 
                may deem appropriate.</DELETED>
        <DELETED>    ``(4) Rule of construction.--Paragraph (3) shall 
        not be construed as requiring separate reporting of data and 
        information from each source listed.</DELETED>
        <DELETED>    ``(5) Required activities.--In establishing and 
        operating the network described in paragraph (1), the Secretary 
        shall--</DELETED>
                <DELETED>    ``(A) utilize applicable interoperability 
                standards as determined by the Secretary through a 
                joint public and private sector process;</DELETED>
                <DELETED>    ``(B) define minimal data elements for 
                such network;</DELETED>
                <DELETED>    ``(C) in collaboration with State, local, 
                and tribal public health officials, integrate and build 
                upon existing State, local, and tribal capabilities, 
                ensuring simultaneous sharing of data, information, and 
                analyses from the network described in paragraph (1) 
                with State, local, and tribal public health agencies; 
                and</DELETED>
                <DELETED>    ``(D) in collaboration with State, local, 
                and tribal public health officials, develop procedures 
                and standards for the collection, analysis, and 
                interpretation of data that States, regions, or other 
                entities collect and report to the network described in 
                paragraph (1).</DELETED>
<DELETED>    ``(e) State and Regional Systems To Enhance Situational 
Awareness in Public Health Emergencies.--</DELETED>
        <DELETED>    ``(1) In general.--To implement the network 
        described in section (d), the Secretary may award grants to 
        States to enhance the ability of such States to establish or 
        operate a coordinated public health situational awareness 
        system for regional or Statewide early detection of, rapid 
        response to, and management of potentially catastrophic 
        infectious disease outbreaks and public health emergencies, in 
        collaboration with public health agencies, sentinel hospitals, 
        clinical laboratories, pharmacies, poison control centers, 
        other health care organizations, or animal health organizations 
        within such States.</DELETED>
        <DELETED>    ``(2) Eligibility.--To be eligible to receive a 
        grant under paragraph (1), the State shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require, 
        including an assurance that the State will submit to the 
        Secretary--</DELETED>
                <DELETED>    ``(A) reports of such data, information, 
                and metrics as the Secretary may require;</DELETED>
                <DELETED>    ``(B) a report on the effectiveness of the 
                systems funded under the grant; and</DELETED>
                <DELETED>    ``(C) a description of the manner in which 
                grant funds will be used to enhance the timelines and 
                comprehensiveness of efforts to detect, respond to, and 
                manage potentially catastrophic infectious disease 
                outbreaks and public health emergencies.</DELETED>
        <DELETED>    ``(3) Use of funds.--A State that receives an 
        award under this subsection--</DELETED>
                <DELETED>    ``(A) shall establish, enhance, or operate 
                a coordinated public health situational awareness 
                system for regional or Statewide early detection of, 
                rapid response to, and management of potentially 
                catastrophic infectious disease outbreaks and public 
                health emergencies; and</DELETED>
                <DELETED>    ``(B) may award grants or contracts to 
                entities described in paragraph (1) within or serving 
                such State to assist such entities in improving the 
                operation of information technology systems, 
                facilitating the secure exchange of data and 
                information, and training personnel to enhance the 
                operation of the system described in paragraph 
                (A).</DELETED>
        <DELETED>    ``(4) Limitation.--Information technology systems 
        acquired or implemented using grants awarded under this section 
        must be compliant with--</DELETED>
                <DELETED>    ``(A) interoperability and other 
                technological standards, as determined by the 
                Secretary; and</DELETED>
                <DELETED>    ``(B) data collection and reporting 
                requirements for the network described in subsection 
                (d).</DELETED>
        <DELETED>    ``(5) Independent evaluation.--Not later than 4 
        years after the date of enactment of the Pandemic and All-
        Hazards Preparedness Act, the Government Accountability Office 
        shall conduct an independent evaluation, and submit to the 
        Secretary and the appropriate committees of Congress a report, 
        concerning the activities conducted under this subsection and 
        subsection (d).</DELETED>
<DELETED>    ``(f) Grants for Real-Time Surveillance Improvement.--
</DELETED>
        <DELETED>    ``(1) In general.--The Secretary may award grants 
        to eligible entities to carry out projects described under 
        paragraph (4).</DELETED>
        <DELETED>    ``(2) Eligible entity.--For purposes of this 
        section, the term `eligible entity' means an entity that is--
        </DELETED>
                <DELETED>    ``(A)(i) a hospital, clinical laboratory, 
                university; or</DELETED>
                <DELETED>    ``(ii) poison control center or 
                professional organization in the field of poison 
                control; and</DELETED>
                <DELETED>    ``(B) a participant in the network 
                established under subsection (d).</DELETED>
        <DELETED>    ``(3) Application.--Each eligible entity desiring 
        a grant under this section shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.</DELETED>
        <DELETED>    ``(4) Use of funds.--</DELETED>
                <DELETED>    ``(A) In general.--An eligible entity 
                described in paragraph (2)(A)(i) that receives a grant 
                under this section shall use the funds awarded pursuant 
                to such grant to carry out a pilot demonstration 
                project to purchase and implement the use of advanced 
                diagnostic medical equipment to analyze real-time 
                clinical specimens for pathogens of public health or 
                bioterrorism significance and report any results from 
                such project to State, local, and tribal public health 
                entities and the network established under subsection 
                (d).</DELETED>
                <DELETED>    ``(B) Other entities.--An eligible entity 
                described in paragraph (2)(A)(ii) that receives a grant 
                under this section shall use the funds awarded pursuant 
                to such grant to--</DELETED>
                        <DELETED>    ``(i) improve the early detection, 
                        surveillance, and investigative capabilities of 
                        poison control centers for chemical, 
                        biological, radiological, and nuclear events by 
                        training poison information personnel to 
                        improve the accuracy of surveillance data, 
                        improving the definitions used by the poison 
                        control centers for surveillance, and enhancing 
                        timely and efficient investigation of data 
                        anomalies;</DELETED>
                        <DELETED>    ``(ii) improve the capabilities of 
                        poison control centers to provide information 
                        to health care providers and the public with 
                        regard to chemical, biological, radiological, 
                        or nuclear threats or exposures, in 
                        consultation with the appropriate State, local, 
                        and tribal public health entities; or</DELETED>
                        <DELETED>    ``(iii) provide surge capacity in 
                        the event of a chemical, biological, 
                        radiological, or nuclear event through the 
                        establishment of alternative poison control 
                        center worksites and the training of 
                        nontraditional personnel.</DELETED>
<DELETED>    ``(g) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) Fiscal year 2007.--There are authorized to 
        be appropriated to carry out subsections (d), (e), and (f) 
        $102,000,000 for fiscal year 2007, of which $35,000,000 is 
        authorized to be appropriated to carry out subsection 
        (f).</DELETED>
        <DELETED>    ``(2) Subsequent fiscal years.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out subsections (d), (e), and (f) for each of fiscal 
        years 2008 through 2011.''.</DELETED>

<DELETED>SEC. 203. PUBLIC HEALTH WORKFORCE ENHANCEMENTS.</DELETED>

<DELETED>    (a) Demonstration Project.--Section 338L of the Public 
Health Service Act (42 U.S.C. 254t) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(h) Public Health Departments.--</DELETED>
        <DELETED>    ``(1) In general.--To the extent that funds are 
        appropriated under paragraph (5), the Secretary shall establish 
        a demonstration project to provide for the participation of 
        individuals who are eligible for the Loan Repayment Program 
        described in section 338B and who agree to complete their 
        service obligation in a State health department that serves a 
        significant number of health professional shortage areas or 
        areas at risk of a public health emergency, as determined by 
        the Secretary, or in a local health department that serves a 
        health professional shortage area or an area at risk of a 
        public health emergency.</DELETED>
        <DELETED>    ``(2) Procedure.--To be eligible to receive 
        assistance under paragraph (1), with respect to the program 
        described in section 338B, an individual shall--</DELETED>
                <DELETED>    ``(A) comply with all rules and 
                requirements described in such section (other than 
                section 338B(f)(1)(B)(iv)); and</DELETED>
                <DELETED>    ``(B) agree to serve for a time period 
                equal to 2 years, or such longer period as the 
                individual may agree to, in a State, local, or tribal 
                health department, consistent with paragraph 
                (1).</DELETED>
        <DELETED>    ``(3) Designations.--The demonstration project 
        described in paragraph (1), and any healthcare providers who 
        are selected to participate in such project, shall not be 
        considered by the Secretary in the designation of health 
        professional shortage areas under section 332 during fiscal 
        years 2007 through 2010.</DELETED>
        <DELETED>    ``(4) Report.--Not later than 3 years after the 
        date of enactment of this subsection, the Secretary shall 
        submit a report to the relevant committees of Congress that 
        evaluates the participation of individuals in the demonstration 
        project under paragraph (1), the impact of such participation 
        on State, local, and tribal health departments, and the benefit 
        and feasibility of permanently allowing such placements in the 
        Loan Repayment Program.</DELETED>
        <DELETED>    ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        such sums as may be necessary for each of fiscal years 2007 
        through 2010.''.</DELETED>
<DELETED>    (b) Grants for Loan Repayment Program.--Section 338I of 
the Public Health Service Act (42 U.S.C. 254q-1) is amended by adding 
at the end the following:</DELETED>
<DELETED>    ``(i) Public Health Loan Repayment.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary may award grants 
        to States for the purpose of assisting such States in operating 
        loan repayment programs under which such States enter into 
        contracts to repay all or part of the eligible loans borrowed 
        by, or on behalf of, individuals who agree to serve in State, 
        local, or tribal health departments that serve health 
        professional shortage areas or other areas at risk of a public 
        health emergency, as designated by the Secretary.</DELETED>
        <DELETED>    ``(2) Loans eligible for repayment.--To be 
        eligible for repayment under this subsection, a loan shall be a 
        loan made, insured, or guaranteed by the Federal Government 
        that is borrowed by, or on behalf of, an individual to pay the 
        cost of attendance for a program of education leading to a 
        degree appropriate for serving in a State, local, or tribal 
        health department as determined by the Secretary and the chief 
        executive officer of the State in which the grant is 
        administered, at an institution of higher education (as defined 
        in section 102 of the Higher Education Act of 1965), including 
        principal, interest, and related expenses on such 
        loan.</DELETED>
        <DELETED>    ``(3) Applicability of existing requirements.--
        With respect to awards made under paragraph (1)--</DELETED>
                <DELETED>    ``(A) the requirements of subsections (b), 
                (f), and (g) shall apply to such awards; and</DELETED>
                <DELETED>    ``(B) the requirements of subsection (c) 
                shall apply to such awards except that with respect to 
                paragraph (1) of such subsection, the State involved 
                may assign an individual only to public and nonprofit 
                private entities that serve health professional 
                shortage areas or areas at risk of a public health 
                emergency, as determined by the Secretary.</DELETED>
        <DELETED>    ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        such sums as may be necessary for each of fiscal years 2007 
        through 2010.''.</DELETED>

<DELETED>SEC. 204. VACCINE TRACKING AND DISTRIBUTION.</DELETED>

<DELETED>    Section 319A of the Public Health Service Act (42 U.S.C. 
247d-1) is amended to read as follows:</DELETED>

<DELETED>``SEC. 319A. VACCINE TRACKING AND DISTRIBUTION.</DELETED>

<DELETED>    ``(a) Tracking.--The Secretary, together with relevant 
manufacturers, wholesalers, and distributors as may agree to cooperate, 
may track the initial distribution of federally purchased influenza 
vaccine in an influenza pandemic. Such tracking information shall be 
used to inform Federal, State, local, and tribal decision makers during 
an influenza pandemic.</DELETED>
<DELETED>    ``(b) Distribution.--The Secretary shall promote 
communication between State, local, and tribal public health officials 
and such manufacturers, wholesalers, and distributors as agree to 
participate, regarding the effective distribution of seasonal influenza 
vaccine. Such communication shall include estimates of high priority 
populations, as determined by the Secretary, in State, local, and 
tribal jurisdictions in order to inform Federal, State, local, and 
tribal decision makers during vaccine shortages and supply 
disruptions.</DELETED>
<DELETED>    ``(c) Confidentiality.--The information submitted to the 
Secretary or its contractors, if any, under this section or under any 
other section of this Act related to vaccine distribution information 
shall remain confidential in accordance with the exception from the 
public disclosure of trade secrets, commercial or financial 
information, and information obtained from an individual that is 
privileged and confidential, as provided for in section 552(b)(4) of 
title 5, United States Code, and subject to the penalties and 
exceptions under sections 1832 and 1833 of title 18, United States 
Code, relating to the protection and theft of trade secrets, and 
subject to privacy protections that are consistent with the regulations 
promulgated under section 264(c) of the Health Insurance Portability 
and Accountability Act of 1996. None of such information provided by a 
manufacturer, wholesaler, or distributor shall be disclosed without its 
consent to another manufacturer, wholesaler, or distributor, or shall 
be used in any manner to give a manufacturer, wholesaler, or 
distributor a proprietary advantage.</DELETED>
<DELETED>    ``(d) Guidelines.--The Secretary, in order to maintain the 
confidentiality of relevant information and ensure that none of the 
information contained in the systems involved may be used to provide 
proprietary advantage within the vaccine market, while allowing State, 
local, and tribal health officials access to such information to 
maximize the delivery and availability of vaccines to high priority 
populations, during times of influenza pandemics, vaccine shortages, 
and supply disruptions, in consultation with manufacturers, 
distributors, wholesalers and State, local, and tribal health 
departments, shall develop guidelines for subsections (a) and 
(b).</DELETED>
<DELETED>    ``(e) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section, such sums for 
each of fiscal years 2007 through 2011.</DELETED>
<DELETED>    ``(f) Report to Congress.--As part of the National Health 
Security Strategy described in section 2802, the Secretary shall 
provide an update on the implementation of subsections (a) through 
(d).''.</DELETED>

<DELETED>SEC. 205. NATIONAL SCIENCE ADVISORY BOARD FOR 
              BIOSECURITY.</DELETED>

<DELETED>    The National Science Advisory Board for Biosecurity shall, 
when requested by the Secretary of Health and Human Services, provide 
to relevant Federal departments and agencies, advice, guidance, or 
recommendations concerning--</DELETED>
        <DELETED>    (1) a core curriculum and training requirements 
        for workers in maximum containment biological laboratories; 
        and</DELETED>
        <DELETED>    (2) periodic evaluations of maximum containment 
        biological laboratory capacity nationwide and assessments of 
        the future need for increased laboratory capacity;</DELETED>

    <DELETED>TITLE III--ALL-HAZARDS MEDICAL SURGE CAPACITY</DELETED>

<DELETED>SEC. 301. NATIONAL DISASTER MEDICAL SYSTEM.</DELETED>

<DELETED>    (a) National Disaster Medical System.--Section 2812 of 
subtitle B of title XXVIII of the Public Health Service Act (42 U.S.C. 
300hh-11 et seq.), as redesignated by section 102, is amended--
</DELETED>
        <DELETED>    (1) by striking the section heading and inserting 
        ``national disaster medical system'';</DELETED>
        <DELETED>    (2) by striking subsection (a);</DELETED>
        <DELETED>    (3) by redesignating subsections (b) through (h) 
        as subsections (a) through (g);</DELETED>
        <DELETED>    (4) in subsection (a), as so redesignated--
        </DELETED>
                <DELETED>    (A) in paragraph (2)(B), by striking 
                ``Federal Emergency Management Agency'' and inserting 
                ``Department of Homeland Security''; and</DELETED>
                <DELETED>    (B) in paragraph (3)(C), by striking 
                ``Public Health Security and Bioterrorism Preparedness 
                and Response Act of 2002'' and inserting ``Pandemic and 
                All-Hazards Preparedness Act'';</DELETED>
        <DELETED>    (5) in subsection (b), as so redesignated, by--
        </DELETED>
                <DELETED>    (A) striking the subsection heading and 
                inserting ``Modifications'';</DELETED>
                <DELETED>    (B) redesignating paragraph (2) as 
                paragraph (3); and</DELETED>
                <DELETED>    (C) striking paragraph (1) and inserting 
                the following:</DELETED>
        <DELETED>    ``(1) In general.--Taking into account the 
        findings from the joint review described under paragraph (2), 
        the Secretary shall modify the policies of the National 
        Disaster Medical System as necessary.</DELETED>
        <DELETED>    ``(2) Joint review and medical surge capacity 
        strategic plan.--Not later than 180 days after the date of 
        enactment of the Pandemic and All-Hazards Preparedness Act, the 
        Secretary, in coordination with the Secretary of Homeland 
        Security, the Secretary of Defense, and the Secretary of 
        Veterans Affairs, shall conduct a joint review of the National 
        Disaster Medical System. Such review shall include an 
        evaluation of medical surge capacity, as described by section 
        2804(a). As part of the National Health Security Strategy under 
        section 2802, the Secretary shall update the findings from such 
        review and further modify the policies of the National Disaster 
        Medical System as necessary.'';</DELETED>
        <DELETED>    (6) by striking ``subsection (b)'' each place it 
        appears and inserting ``subsection (a)'';</DELETED>
        <DELETED>    (7) by striking ``subsection (d)'' each place it 
        appears and inserting ``subsection (c)''; and</DELETED>
        <DELETED>    (8) in subsection (g), as so redesignated, by 
        striking ``2002 through 2006'' and inserting ``2007 through 
        2011''.</DELETED>
<DELETED>    (b) Transfer of National Disaster Medical System to the 
Department of Health and Human Services.--There shall be transferred to 
the Secretary of Health and Human Services the functions, personnel, 
assets, and liabilities of the National Disaster Medical System of the 
Department of Homeland Security, including the functions of the 
Secretary of Homeland Security and the Under Secretary for Emergency 
Preparedness and Response relating thereto.</DELETED>
<DELETED>    (c) Conforming Amendments to the Homeland Security Act of 
2002.--The Homeland Security Act of 2002 (6 U.S.C. 312(3)(B), 313(5))) 
is amended--</DELETED>
        <DELETED>    (1) in section 502(3)(B), by striking ``, the 
        National Disaster Medical System,''; and</DELETED>
        <DELETED>    (2) in section 503(5), by striking ``, the 
        National Disaster Medical System''.</DELETED>
<DELETED>    (d) Update of Certain Provision.--Section 319F(b)(2) of 
the Public Health Service Act (42 U.S.C. 247d-6(b)(2)) is amended--
</DELETED>
        <DELETED>    (1) in the paragraph heading, by striking 
        ``Children and terrorism'' and inserting ``At-risk individuals 
        and public health emergencies'';</DELETED>
        <DELETED>    (2) in subparagraph (A), by striking ``Children 
        and Terrorism'' and inserting ``At-Risk Individuals and Public 
        Health Emergencies'';</DELETED>
        <DELETED>    (3) in subparagraph (B)--</DELETED>
                <DELETED>    (A) in clause (i), by striking 
                ``bioterrorism as it relates to children'' and 
                inserting ``public health emergencies as they relate to 
                at-risk individuals'';</DELETED>
                <DELETED>    (B) in clause (ii), by striking 
                ``children'' and inserting ``at-risk individuals''; 
                and</DELETED>
                <DELETED>    (C) in clause (iii), by striking 
                ``children'' and inserting ``at-risk 
                individuals'';</DELETED>
        <DELETED>    (4) in subparagraph (C), by striking ``children'' 
        and all that follows through the period and inserting ``at-risk 
        populations.''; and</DELETED>
        <DELETED>    (5) in subparagraph (D), by striking ``one year'' 
        and inserting ``six years''.</DELETED>
<DELETED>    (e) Effective Date.--The amendments made by subsections 
(b) and (c) shall take effect on January 1, 2007.</DELETED>

<DELETED>SEC. 302. ENHANCING MEDICAL SURGE CAPACITY.</DELETED>

<DELETED>    (a) In General.--Title XXVIII of the Public Health Service 
Act (300hh-11 et seq.), as amended by section 103, is amended by 
inserting after section 2802 the following:</DELETED>

<DELETED>``SEC. 2804. ENHANCING MEDICAL SURGE CAPACITY.</DELETED>

<DELETED>    ``(a) Study of Enhancing Medical Surge Capacity.--As part 
of the joint review described in section 2812(b), the Secretary shall 
evaluate the benefits and feasibility of improving the capacity of the 
Department of Health and Human Services to provide additional medical 
surge capacity to local communities in the event of a public health 
emergency. Such study shall include an assessment of the need for and 
feasibility of improving surge capacity through--</DELETED>
        <DELETED>    ``(1) acquisition and operation of mobile medical 
        assets by the Secretary to be deployed, on a contingency basis, 
        to a community in the event of a public health emergency; 
        and</DELETED>
        <DELETED>    ``(2) other strategies to improve such capacity as 
        determined appropriate by the Secretary.</DELETED>
<DELETED>    ``(b) Authority To Acquire and Operate Mobile Medical 
Assets.--In addition to any other authority to acquire, deploy, and 
operate mobile medical assets, the Secretary may acquire, deploy, and 
operate mobile medical assets if, taking into consideration the 
evaluation conducted under subsection (a), such acquisition, 
deployment, and operation is determined to be beneficial and feasible 
in improving the capacity of the Department of Health and Human 
Services to provide additional medical surge capacity to local 
communities in the event of a public health emergency.</DELETED>
<DELETED>    ``(c) Using Federal Facilities To Enhance Medical Surge 
Capacity.--</DELETED>
        <DELETED>    ``(1) Analysis.--The Secretary shall conduct an 
        analysis of whether there are Federal facilities which, in the 
        event of a public health emergency, could practicably be used 
        as facilities in which to provide health care.</DELETED>
        <DELETED>    ``(2) Memoranda of understanding.--If, based on 
        the analysis conducted under paragraph (1), the Secretary 
        determines that there are Federal facilities which, in the 
        event of a public health emergency, could be used as facilities 
        in which to provide health care, the Secretary shall, with 
        respect to each such facility, seek to conclude a memorandum of 
        understanding with the head of the Department or agency that 
        operates such facility that permits the use of such facility to 
        provide health care in the event of a public health 
        emergency.''.</DELETED>
<DELETED>    (b) EMTALA.--</DELETED>
        <DELETED>    (1) In general.--Section 1135(b) of the Social 
        Security Act (42 U.S.C. 1320b-5(b)) is amended--</DELETED>
                <DELETED>    (A) in paragraph (3), by striking 
                subparagraph (B) and inserting the following:</DELETED>
                <DELETED>    ``(B) the direction or relocation of an 
                individual to receive medical screening in an 
                alternative location--</DELETED>
                        <DELETED>    ``(i) pursuant to an appropriate 
                        State emergency preparedness plan; or</DELETED>
                        <DELETED>    ``(ii) in the case of a public 
                        health emergency described in subsection 
                        (g)(1)(B) that involves a pandemic infectious 
                        disease, pursuant to a State pandemic 
                        preparedness plan or a plan referred to in 
                        clause (i), whichever is applicable in the 
                        State;'';</DELETED>
                <DELETED>    (B) in the third sentence, by striking 
                ``and shall be limited to'' and inserting ``and, except 
                in the case of a waiver or modification to which the 
                fifth sentence of this subsection applies, shall be 
                limited to''; and</DELETED>
                <DELETED>    (C) by adding at the end the following: 
                ``If a public health emergency described in subsection 
                (g)(1)(B) involves a pandemic infectious disease (such 
                as pandemic influenza), the duration of a waiver or 
                modification under paragraph (3) shall be determined in 
                accordance with subsection (e) as such subsection 
                applies to public health emergencies.''.</DELETED>
        <DELETED>    (2) Effective date.--The amendments made by 
        paragraph (1) shall take effect on the date of the enactment of 
        this Act and shall apply to public health emergencies declared 
        pursuant to section 319 of the Public Health Service Act (42 
        U.S.C. 247d) on or after such date.</DELETED>

<DELETED>SEC. 303. ENCOURAGING HEALTH PROFESSIONAL 
              VOLUNTEERS.</DELETED>

<DELETED>    (a) Volunteer Medical Reserve Corps.--Title XXVIII of the 
Public Health Service Act (42 U.S.C. 300hh-11 et seq.), as amended by 
this Act, is amended by inserting after section 2812 the 
following:</DELETED>

<DELETED>``SEC. 2813. VOLUNTEER MEDICAL RESERVE CORPS.</DELETED>

<DELETED>    ``(a) In General.--Not later than 180 days after the date 
of enactment of the Pandemic and All-Hazards Preparedness Act, the 
Secretary, in collaboration with State, local, and tribal officials, 
shall build on State, local, and tribal programs in existence on the 
date of enactment of such Act to establish and maintain a Medical 
Reserve Corps (referred to in this section as the `Corps') to provide 
for an adequate supply of volunteers in the case of a Federal, State, 
local, or tribal public health emergency. The Corps shall be headed by 
a Director who shall be appointed by the Secretary and shall oversee 
the activities of the Corps chapters that exist at the State, local, 
and tribal levels.</DELETED>
<DELETED>    ``(b) State, Local, and Tribal Coordination.--The Corps 
shall be established using existing State, local, and tribal teams and 
shall not alter such teams.</DELETED>
<DELETED>    ``(c) Composition.--The Corps shall be composed of 
individuals who--</DELETED>
        <DELETED>    ``(1)(A) are health professionals who have 
        appropriate professional training and expertise as determined 
        appropriate by the Director of the Corps; or</DELETED>
        <DELETED>    ``(B) are non-health professionals who have an 
        interest in serving in an auxiliary or support capacity to 
        facilitate access to health care services in a public health 
        emergency;</DELETED>
        <DELETED>    ``(2) are certified in accordance with the 
        certification program developed under subsection (d);</DELETED>
        <DELETED>    ``(3) are geographically diverse in 
        residence;</DELETED>
        <DELETED>    ``(4) have registered and carry out training 
        exercises with a local chapter of the Medical Reserve Corps; 
        and</DELETED>
        <DELETED>    ``(5) indicate whether they are willing to be 
        deployed outside the area in which they reside in the event of 
        a public health emergency.</DELETED>
<DELETED>    ``(d) Certification; Drills.--</DELETED>
        <DELETED>    ``(1) Certification.--The Director, in 
        collaboration with State, local, and tribal officials, shall 
        establish a process for the periodic certification of 
        individuals who volunteer for the Corps, as determined by the 
        Secretary, which shall include the completion by each 
        individual of the core training programs developed under 
        section 319F, as required by the Director. Such certification 
        shall not supercede State licensing or credentialing 
        requirements.</DELETED>
        <DELETED>    ``(2) Drills.--In conjunction with the core 
        training programs referred to in paragraph (1), and in order to 
        facilitate the integration of trained volunteers into the 
        health care system at the local level, Corps members shall 
        engage in periodic training exercises to be carried out at the 
        local level.</DELETED>
<DELETED>    ``(e) Deployment.--During a public health emergency, the 
Secretary shall have the authority to activate and deploy willing 
members of the Corps to areas of need, taking into consideration the 
public health and medical expertise required, with the concurrence of 
the State, local, or tribal officials from the area where the members 
reside.</DELETED>
<DELETED>    ``(f) Expenses and Transportation.--While engaged in 
performing duties as a member of the Corps pursuant to an assignment by 
the Secretary (including periods of travel to facilitate such 
assignment), members of the Corps who are not otherwise employed by the 
Federal Government shall be allowed travel or transportation expenses, 
including per diem in lieu of subsistence.</DELETED>
<DELETED>    ``(g) Identification.--The Secretary, in cooperation and 
consultation with the States, shall develop a Medical Reserve Corps 
Identification Card that describes the licensure and certification 
information of Corps members, as well as other identifying information 
determined necessary by the Secretary.</DELETED>
<DELETED>    ``(h) Intermittent Disaster-Response Personnel.--
</DELETED>
        <DELETED>    ``(1) In general.--For the purpose of assisting 
        the Corps in carrying out duties under this section, during a 
        public health emergency, the Secretary may appoint selected 
        individuals to serve as intermittent personnel of such Corps in 
        accordance with applicable civil service laws and regulations. 
        In all other cases, members of the Corps are subject to the 
        laws of the State in which the activities of the Corps are 
        undertaken.</DELETED>
        <DELETED>    ``(2) Applicable protections.--Subsections (c)(2), 
        (d), and (e) of section 2812 shall apply to an individual 
        appointed under paragraph (1) in the same manner as such 
        subsections apply to an individual appointed under section 
        2812(c).</DELETED>
        <DELETED>    ``(3) Limitation.--State, local, and tribal 
        officials shall have no authority to designate a member of the 
        Corps as Federal intermittent disaster-response personnel, but 
        may request the services of such members.</DELETED>
<DELETED>    ``(i) Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section, $22,000,000 
for fiscal year 2007, and such sums as may be necessary for each of 
fiscal years 2008 through 2011.''.</DELETED>
<DELETED>    (b) Encouraging Health Professions Volunteers.--Section 
319I of the Public Health Service Act (42 U.S.C. 247d-7b) is amended--
</DELETED>
        <DELETED>    (1) by redesignating subsections (e) and (f) as 
        subsections (j) and (k), respectively;</DELETED>
        <DELETED>    (2) by striking subsections (a) and (b) and 
        inserting the following:</DELETED>
<DELETED>    ``(a) In General.--Not later than 12 months after the date 
of enactment of the Pandemic and All-Hazards Preparedness Act, the 
Secretary shall link existing State verification systems to maintain a 
single national interoperable network of systems, each system being 
maintained by a State or group of States, for the purpose of verifying 
the credentials and licenses of health care professionals who volunteer 
to provide health services during a public health emergency (such 
network shall be referred to in this section as the `verification 
network').</DELETED>
<DELETED>    ``(b) Requirements.--The interoperable network of systems 
established under subsection (a) shall include--</DELETED>
        <DELETED>    ``(1) with respect to each volunteer health 
        professional included in the system--</DELETED>
                <DELETED>    ``(A) information necessary for the rapid 
                identification of, and communication with, such 
                professionals; and</DELETED>
                <DELETED>    ``(B) the credentials, certifications, 
                licenses, and relevant training of such individuals; 
                and</DELETED>
        <DELETED>    ``(2) the name of each member of the Medical 
        Reserve Corps, the National Disaster Medical System, and any 
        other relevant federally-sponsored or administered programs 
        determined necessary by the Secretary.'';</DELETED>
        <DELETED>    (3) by striking subsection (d) and inserting the 
        following:</DELETED>
<DELETED>    ``(d) Accessibility.--The Secretary shall ensure that the 
network established under subsection (a) is electronically accessible 
by State, local, and tribal health departments and can be linked with 
the identification cards under section 2813.</DELETED>
<DELETED>    ``(e) Confidentiality.--The Secretary shall establish and 
require the application of and compliance with measures to ensure the 
effective security of, integrity of, and access to the data included in 
the network.</DELETED>
<DELETED>    ``(f) Coordination.--The Secretary shall coordinate with 
the Secretary of Veterans Affairs and the Secretary of Homeland 
Security to assess the feasibility of integrating the verification 
network under this section with the VetPro system of the Department of 
Veterans Affairs and the National Emergency Responder Credentialing 
System of the Department of Homeland Security. The Secretary shall, if 
feasible, integrate the verification network under this section with 
such VetPro system and the National Emergency Responder Credentialing 
System.</DELETED>
<DELETED>    ``(g) Updating of Information.--The States that are 
participants in the network established under subsection (a) shall, on 
at least a quarterly basis, work with the Director to provide for the 
updating of the information contained in such network.</DELETED>
<DELETED>    ``(h) Clarification.--Inclusion of a health professional 
in the verification network established pursuant to this section shall 
not constitute appointment of such individual as a Federal employee for 
any purpose, either under section 2812(c) or otherwise. Such 
appointment may only be made under section 2812 or 2813.</DELETED>
<DELETED>    ``(i) Health Care Provider Licenses.--The Secretary shall 
encourage States to establish and implement mechanisms to waive the 
application of licensing requirements applicable to health 
professionals, who are seeking to provide medical services (within 
their scope of practice), during a national, State, local, or tribal 
public health emergency upon verification that such health 
professionals are licensed and in good standing in another State and 
have not been disciplined by any State health licensing or disciplinary 
board.''; and</DELETED>
        <DELETED>    (4) in subsection (k) (as so redesignated), by 
        striking ``2006'' and inserting ``2011''.</DELETED>

<DELETED>SEC. 304. CORE EDUCATION AND TRAINING.</DELETED>

<DELETED>    Section 319F of the Public Health Service Act (42 U.S.C. 
247d-6) is amended--</DELETED>
        <DELETED>    (1) by striking subsections (a) through (g) and 
        inserting the following;</DELETED>
<DELETED>    ``(a) All-Hazards Public Health and Medical Response 
Curricula and Training.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary, in collaboration 
        with the Secretary of Defense, and in consultation with 
        relevant public and private entities, shall develop core health 
        and medical response curricula and trainings by adapting 
        applicable existing curricula and training programs to improve 
        responses to public health emergencies.</DELETED>
        <DELETED>    ``(2) Curriculum.--The public health and medical 
        response training program may include course work related to--
        </DELETED>
                <DELETED>    ``(A) medical management of casualties, 
                taking into account the needs of at-risk 
                individuals;</DELETED>
                <DELETED>    ``(B) public health aspects of public 
                health emergencies;</DELETED>
                <DELETED>    ``(C) mental health aspects of public 
                health emergencies;</DELETED>
                <DELETED>    ``(D) national incident management, 
                including coordination among Federal, State, local, 
                tribal, international agencies, and other entities; 
                and</DELETED>
                <DELETED>    ``(E) protecting health care workers and 
                health care first responders from workplace exposures 
                during a public health emergency.</DELETED>
        <DELETED>    ``(3) Peer review.--On a periodic basis, products 
        prepared as part of the program shall be rigorously tested and 
        peer-reviewed by experts in the relevant fields.</DELETED>
        <DELETED>    ``(4) Credit.--The Secretary and the Secretary of 
        Defense shall--</DELETED>
                <DELETED>    ``(A) take into account continuing 
                professional education requirements of public health 
                and healthcare professions; and</DELETED>
                <DELETED>    ``(B) cooperate with State, local, and 
                tribal accrediting agencies and with professional 
                associations in arranging for students enrolled in the 
                program to obtain continuing professional education 
                credit for program courses.</DELETED>
        <DELETED>    ``(5) Dissemination and training.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary may 
                provide for the dissemination and teaching of the 
                materials described in paragraphs (1) and (2) by 
                appropriate means, as determined by the 
                Secretary.</DELETED>
                <DELETED>    ``(B) Certain entities.--The education and 
                training activities described in subparagraph (A) may 
                be carried out by Federal public health or medical 
                entities, appropriate educational entities, 
                professional organizations and societies, private 
                accrediting organizations, and other nonprofit 
                institutions or entities meeting criteria established 
                by the Secretary.</DELETED>
                <DELETED>    ``(C) Grants and contracts.--In carrying 
                out this subsection, the Secretary may carry out 
                activities directly or through the award of grants and 
                contracts, and may enter into interagency agreements 
                with other Federal agencies.</DELETED>
<DELETED>    ``(b) Expansion of Epidemic Intelligence Service 
Program.--The Secretary may establish 20 officer positions in the 
Epidemic Intelligence Service Program, in addition to the number of the 
officer positions offered under such Program in 2006 for individuals 
who agree to participate, for a period of not less than 2 years, in the 
Career Epidemiology Field Officer program in a State, local, or tribal 
health department that serves a health professional shortage area (as 
defined under section 332(a)), a medically underserved population (as 
defined under section 330(b)(3)), or a medically underserved area or 
area at high risk of a public health emergency as designated by the 
Secretary.</DELETED>
<DELETED>    ``(c) Centers for Public Health Preparedness; Core 
Curricula and Training.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary may establish at 
        accredited schools of public health, Centers for Public Health 
        Preparedness (hereafter referred to in this section as the 
        `Centers').</DELETED>
        <DELETED>    ``(2) Eligibility.--To be eligible to receive an 
        award under this subsection to establish a Center, an 
        accredited school of public health shall agree to conduct 
        activities consistent with the requirements of this 
        subsection.</DELETED>
        <DELETED>    ``(3) Core curricula.--The Secretary, in 
        collaboration with the Centers and other public or private 
        entities shall establish core curricula based on established 
        competencies leading to a 4-year bachelor's degree, a graduate 
        degree, a combined bachelor and master's degree, or a 
        certificate program, for use by each Center. The Secretary 
        shall disseminate such curricula to other accredited schools of 
        public health and other health professions schools determined 
        appropriate by the Secretary, for voluntary use by such 
        schools.</DELETED>
        <DELETED>    ``(4) Core competency-based training program.--The 
        Secretary, in collaboration with the Centers and other public 
        or private entities shall facilitate the development of a 
        competency-based training program to train public health 
        practitioners. The Centers shall use such training program to 
        train public health practitioners. The Secretary shall 
        disseminate such training program to other accredited schools 
        of public health, and other health professions schools as 
        determined by the Secretary, for voluntary use by such 
        schools.</DELETED>
        <DELETED>    ``(5) Content of core curricula and training 
        program.--The Secretary shall ensure that the core curricula 
        and training program established pursuant to this subsection 
        respond to the needs of State, local, and tribal public health 
        authorities and integrate and emphasize essential public health 
        security capabilities consistent with section 
        2802(b)(2).</DELETED>
        <DELETED>    ``(6) Academic-workforce communication.--As a 
        condition of receiving funding from the Secretary under this 
        subsection, a Center shall collaborate with a State, local, or 
        tribal public health department to--</DELETED>
                <DELETED>    ``(A) define the public health 
                preparedness and response needs of the community 
                involved;</DELETED>
                <DELETED>    ``(B) assess the extent to which such 
                needs are fulfilled by existing preparedness and 
                response activities of such school or health 
                department, and how such activities may be 
                improved;</DELETED>
                <DELETED>    ``(C) prior to developing new materials or 
                trainings, evaluate and utilize relevant materials and 
                trainings developed by others Centers; and</DELETED>
                <DELETED>    ``(D) evaluate community impact and the 
                effectiveness of any newly developed materials or 
                trainings.</DELETED>
        <DELETED>    ``(7) Public health systems research.--In 
        consultation with relevant public and private entities, the 
        Secretary shall define the existing knowledge base for public 
        health preparedness and response systems, and establish a 
        research agenda based on Federal, State, local, and tribal 
        public health preparedness priorities. As a condition of 
        receiving funding from the Secretary under this subsection, a 
        Center shall conduct public health systems research that is 
        consistent with the agenda described under this 
        paragraph.'';</DELETED>
        <DELETED>    (2) by redesignating subsection (h) as subsection 
        (d);</DELETED>
        <DELETED>    (3) by inserting after subsection (d) (as so 
        redesignated), the following:</DELETED>
<DELETED>    ``(e) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) Fiscal year 2007.--There are authorized to 
        be appropriated to carry out this section for fiscal year 
        2007--</DELETED>
                <DELETED>    ``(A) to carry out subsection (a), 
                $12,000,000, of which $5,000,000 shall be used to carry 
                out paragraphs (1) through (4) of such subsection, and 
                $7,000,000 shall be used to carry out paragraph (5) of 
                such subsection;</DELETED>
                <DELETED>    ``(B) to carry out subsection (b), 
                $3,000,000; and</DELETED>
                <DELETED>    ``(C) to carry out subsection (c), 
                $31,000,000, of which $5,000,000 shall be used to carry 
                out paragraphs (3) through (5) of such 
                subsection.</DELETED>
        <DELETED>    ``(2) Subsequent fiscal years.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this section for fiscal year 2008 and each subsequent 
        fiscal year.''; and</DELETED>
        <DELETED>    (4) by striking subsections (i) and (j).</DELETED>

<DELETED>SEC. 305. PARTNERSHIPS FOR STATE AND REGIONAL HOSPITAL 
              PREPAREDNESS TO IMPROVE SURGE CAPACITY.</DELETED>

<DELETED>    Section 319C-2 of the Public Health Service Act (42 U.S.C. 
247d-3b) is amended to read as follows:</DELETED>

<DELETED>``SEC. 319C-2. PARTNERSHIPS FOR STATE AND REGIONAL HOSPITAL 
              PREPAREDNESS TO IMPROVE SURGE CAPACITY.</DELETED>

<DELETED>    ``(a) In General.--The Secretary shall award competitive 
grants or cooperative agreements to eligible entities to enable such 
entities to improve surge capacity and enhance community and hospital 
preparedness for public health emergencies.</DELETED>
<DELETED>    ``(b) Eligibility.--To be eligible for an award under 
subsection (a), an entity shall--</DELETED>
        <DELETED>    ``(1)(A) be a partnership consisting of--
        </DELETED>
                <DELETED>    ``(i) one or more hospitals, at least one 
                of which shall be a designated trauma center, 
                consistent with section 1213(c);</DELETED>
                <DELETED>    ``(ii) one or more other local health care 
                facilities, including clinics, health centers, primary 
                care facilities, mental health centers, mobile medical 
                assets, or nursing homes; and</DELETED>
                <DELETED>    ``(iii)(I) one or more political 
                subdivisions;</DELETED>
                <DELETED>    ``(II) one or more States; or</DELETED>
                <DELETED>    ``(III) one or more States and one or more 
                political subdivisions; and</DELETED>
        <DELETED>    ``(B) prepare, in consultation with the Chief 
        Executive Officer and the lead health officials of the State, 
        District, or territory in which the hospital and health care 
        facilities described in subparagraph (A) are located, and 
        submit to the Secretary, an application at such time, in such 
        manner, and containing such information as the Secretary may 
        require; or</DELETED>
        <DELETED>    ``(2)(A) be an entity described in section 319C-
        1(b)(1); and</DELETED>
        <DELETED>    ``(B) submit an application at such time, in such 
        manner, and containing such information as the Secretary may 
        require, including the information or assurances required under 
        section 319C-1(b)(2) and an assurance that the State will 
        retain not more than 25 percent of the funds awarded for 
        administrative and other support functions.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(d) Preferences.--</DELETED>
        <DELETED>    ``(1) Regional coordination.--In making awards 
        under subsection (a), the Secretary shall give preference to 
        eligible entities that submit applications that, in the 
        determination of the Secretary--</DELETED>
                <DELETED>    ``(A) will enhance coordination--
                </DELETED>
                        <DELETED>    ``(i) among the entities described 
                        in subsection (b)(1)(A)(i); and</DELETED>
                        <DELETED>    ``(ii) between such entities and 
                        the entities described in subsection 
                        (b)(1)(A)(ii); and</DELETED>
                <DELETED>    ``(B) include, in the partnership 
                described in subsection (b)(1)(A), a significant 
                percentage of the hospitals and health care facilities 
                within the geographic area served by such 
                partnership.</DELETED>
        <DELETED>    ``(2) Other preferences.--In making awards under 
        subsection (a), the Secretary shall give preference to eligible 
        entities that, in the determination of the Secretary--
        </DELETED>
                <DELETED>    ``(A) include one or more hospitals that 
                are participants in the National Disaster Medical 
                System;</DELETED>
                <DELETED>    ``(B) are located in a geographic area 
                that faces a high degree of risk, as determined by the 
                Secretary in consultation with the Secretary of 
                Homeland Security; or</DELETED>
                <DELETED>    ``(C) have a significant need for funds to 
                achieve the medical preparedness goals described in 
                section 2802(b)(2).</DELETED>
<DELETED>    ``(e) Consistency of Planned Activities.--The Secretary 
may not award a cooperative agreement to an eligible entity described 
in subsection (b)(1) unless the application submitted by the entity is 
coordinated and consistent with an applicable State All-Hazards Public 
Health Emergency Preparedness and Response Plan and relevant local 
plans, as determined by the Secretary in consultation with relevant 
State health officials.</DELETED>
<DELETED>    ``(f) Limitation on Awards.--A political subdivision shall 
not participate in more than one partnership described in subsection 
(b)(1).</DELETED>
<DELETED>    ``(g) Coordination With 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 Cities Readiness 
Initiative, and local emergency plans.</DELETED>
<DELETED>    ``(h) Maintenance of State Funding.--</DELETED>
        <DELETED>    ``(1) In general.--An entity that receives an 
        award under this section shall maintain expenditures for health 
        care preparedness at a level that is not less than the average 
        level of such expenditures maintained by the entity for the 
        preceding 2 year period.</DELETED>
        <DELETED>    ``(2) Rule of construction.--Nothing in this 
        section shall be construed to prohibit the use of awards under 
        this section to pay salary and related expenses of public 
        health and other professionals employed by State, local, or 
        tribal agencies who are carrying out activities supported by 
        such awards (regardless of whether the primary assignment of 
        such personnel is to carry out such activities).</DELETED>
<DELETED>    ``(i) Performance and Accountability.--The requirements of 
section 319C-1(g) and (i) shall apply to entities receiving awards 
under this section (regardless of whether such entities are described 
under subsection (b)(1)(A) or (b)(2)(A)) in the same manner as such 
requirements apply to entities under section 319C-1.</DELETED>
<DELETED>    ``(j) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--For the purpose of carrying out 
        this section, there is authorized to be appropriated 
        $474,000,000 for fiscal year 2007, and such sums as may be 
        necessary for each of fiscal years 2008 through 2011.</DELETED>
        <DELETED>    ``(2) Reservation of amounts for partnerships.--
        Prior to making awards described in paragraph (3), the 
        Secretary may reserve from the amount appropriated under 
        paragraph (1) for a fiscal year, an amount determined 
        appropriate by the Secretary for making awards to entities 
        described in subsection (b)(1)(A).</DELETED>
        <DELETED>    ``(3) Awards to states and political 
        subdivisions.--</DELETED>
                <DELETED>    ``(A) In general.--From amounts 
                appropriated for a fiscal year under paragraph (1) and 
                not reserved under paragraph (2), the Secretary shall 
                make awards to entities described in subsection 
                (b)(2)(A) that have completed an application as 
                described in subsection (b)(2)(B).</DELETED>
                <DELETED>    ``(B) Amount.--The Secretary shall 
                determine the amount of an award to each entity 
                described in subparagraph (A) in the same manner as 
                such amounts are determined under section 319C-
                1(h).''.</DELETED>

<DELETED>SEC. 306. ENHANCING THE ROLE OF THE DEPARTMENT OF VETERANS 
              AFFAIRS.</DELETED>

<DELETED>    (a) In General.--Section 8117 of title 38, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), by--</DELETED>
                        <DELETED>    (i) striking ``chemical or 
                        biological attack'' and inserting ``a public 
                        health emergency (as defined in section 2801 of 
                        the Public Health Service Act)'';</DELETED>
                        <DELETED>    (ii) striking ``an attack'' and 
                        inserting ``such an emergency''; and</DELETED>
                        <DELETED>    (iii) striking ``public health 
                        emergencies'' and inserting ``such 
                        emergencies''; and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``; and'' and inserting a 
                        semicolon;</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking the period and inserting a semicolon; 
                        and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(C) organizing, training, and equipping 
                the staff of such centers to support the activities 
                carried out by the Secretary of Health and Human 
                Services under section 2801 of the Public Health 
                Service Act in the event of a public health emergency 
                and incidents covered by the National Response Plan 
                developed pursuant to section 502(6) of the Homeland 
                Security Act of 2002, or any successor plan; 
                and</DELETED>
                <DELETED>    ``(D) providing medical logistical support 
                to the National Disaster Medical System and the 
                Secretary of Health and Human Services as necessary, on 
                a reimbursable basis, and in coordination with other 
                designated Federal agencies.'';</DELETED>
        <DELETED>    (2) in subsection (c), by striking ``a chemical or 
        biological attack or other terrorist attack.'' and inserting 
        ``a public health emergency. The Secretary shall, through 
        existing medical procurement contracts, and on a reimbursable 
        basis, make available as necessary, medical supplies, 
        equipment, and pharmaceuticals in response to a public health 
        emergency in support of the Secretary of Health and Human 
        Services.'';</DELETED>
        <DELETED>    (3) in subsection (d), by--</DELETED>
                <DELETED>    (A) striking ``develop and'';</DELETED>
                <DELETED>    (B) striking ``biological, chemical, or 
                radiological attacks'' and inserting ``public health 
                emergencies''; and</DELETED>
                <DELETED>    (C) by inserting ``consistent with section 
                319F(a) of the Public Health Service Act'' before the 
                period; and</DELETED>
        <DELETED>    (4) in subsection (e)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``2811(b)'' and inserting ``2812''; and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by striking ``bioterrorism and 
                        other''; and</DELETED>
                        <DELETED>    (ii) by striking ``319F(a)'' and 
                        inserting ``319F''.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--Section 8117 of 
title 38, United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(g) Authorization of Appropriations.--There are 
authorized to be appropriated, such sums as may be necessary to carry 
out this section for each of fiscal years 2007 through 
2011.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pandemic and All-
Hazards Preparedness Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

TITLE I--NATIONAL PREPAREDNESS AND RESPONSE, LEADERSHIP, ORGANIZATION, 
                              AND PLANNING

Sec. 101. Public health and medical preparedness and response functions 
                            of the Secretary of Health and Human 
                            Services.
Sec. 102. Assistant Secretary for Preparedness and Response.
Sec. 103. National Health Security Strategy.

             TITLE II--PUBLIC HEALTH SECURITY PREPAREDNESS

Sec. 201. Improving State and local public health security.
Sec. 202. Using information technology to improve situational awareness 
                            in public health emergencies.
Sec. 203. Public health workforce enhancements.
Sec. 204. Vaccine tracking and distribution.
Sec. 205. National Science Advisory Board for Biosecurity.

             TITLE III--ALL-HAZARDS MEDICAL SURGE CAPACITY

Sec. 301. National Disaster Medical System.
Sec. 302. Enhancing medical surge capacity.
Sec. 303. Encouraging health professional volunteers.
Sec. 304. Core education and training.
Sec. 305. Partnerships for state and regional hospital preparedness to 
                            improve surge capacity.
Sec. 306. Enhancing the role of the Department of Veterans Affairs.

TITLE I--NATIONAL PREPAREDNESS AND RESPONSE, LEADERSHIP, ORGANIZATION, 
                              AND PLANNING

SEC. 101. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE FUNCTIONS 
              OF THE SECRETARY OF HEALTH AND HUMAN SERVICES.

    Title XXVIII of the Public Health Service Act (42 U.S.C. 300hh-11 
et seq.) is amended--
            (1) by striking the title heading and inserting the 
        following:

  ``TITLE XXVIII--NATIONAL ALL-HAZARDS PREPAREDNESS FOR PUBLIC HEALTH 
                             EMERGENCIES'';

            (2) by amending subtitle A to read as follows:

``Subtitle A--National All-Hazards Preparedness and Response Planning, 
                      Coordinating, and Reporting

``SEC. 2801. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE 
              FUNCTIONS.

    ``(a) In General.--The Secretary of Health and Human Services shall 
lead all Federal public health and medical response to public health 
emergencies and incidents covered by the National Response Plan 
developed pursuant to section 502(6) of the Homeland Security Act of 
2002, or any successor plan.
    ``(b) Interagency Agreement.--The Secretary, in collaboration with 
the Secretary of Veterans Affairs, the Secretary of Transportation, the 
Secretary of Defense, the Secretary of Homeland Security, and the head 
of any other relevant Federal agency, shall establish an interagency 
agreement, consistent with the National Response Plan or any successor 
plan, under which agreement the Secretary of Health and Human Services 
shall assume operational control of emergency public health and medical 
response assets, as necessary, in the event of a public health 
emergency.''.

SEC. 102. ASSISTANT SECRETARY FOR PREPAREDNESS AND RESPONSE.

    (a) Assistant Secretary for Preparedness and Response.--Subtitle B 
of title XXVIII of the Public Health Service Act (42 U.S.C. 300hh-11 et 
seq.) is amended--
            (1) in the subtitle heading, by inserting ``All-Hazards'' 
        before ``Emergency Preparedness'';
            (2) by redesignating section 2811 as section 2812;
            (3) by inserting after the subtitle heading the following 
        new section:

``SEC. 2811. COORDINATION OF PREPAREDNESS FOR AND RESPONSE TO ALL-
              HAZARDS PUBLIC HEALTH EMERGENCIES.

    ``(a) In General.--There is established within the Department of 
Health and Human Services the position of the Assistant Secretary for 
Preparedness and Response. The President, with the advice and consent 
of the Senate, shall appoint an individual to serve in such position. 
Such Assistant Secretary shall report to the Secretary.
    ``(b) Duties.--Subject to the authority of the Secretary, the 
Assistant Secretary for Preparedness and Response shall carry out the 
following functions:
            ``(1) Leadership.--Serve as the principal advisor to the 
        Secretary on all matters related to Federal public health and 
        medical preparedness and response for public health 
        emergencies.
            ``(2) Personnel.--Register, credential, organize, train, 
        equip, and have the authority to deploy Federal public health 
        and medical personnel under the authority of the Secretary, 
        including the National Disaster Medical System, and coordinate 
        such personnel with the Medical Reserve Corps and the Emergency 
        System for Advance Registration of Volunteer Health 
        Professionals.
            ``(3) Countermeasures.--
                    ``(A) Oversight.--Oversee advanced research, 
                development, and procurement of qualified 
                countermeasures (as defined in section 319F-1) and 
                qualified pandemic or epidemic products (as defined in 
                section 319F-3).
                    ``(B) Strategic national stockpile.--Maintain the 
                Strategic National Stockpile in accordance with section 
                319F-2, including conducting an annual review (taking 
                into account at-risk individuals) of the contents of 
                the stockpile, including non-pharmaceutical supplies, 
                and make necessary additions or modifications to the 
                contents based on such review.
            ``(4) Coordination.--
                    ``(A) Federal integration.--Coordinate with 
                relevant Federal officials to ensure integration of 
                Federal preparedness and response activities for public 
                health emergencies.
                    ``(B) State, local, and tribal integration.--
                Coordinate with State, local, and tribal public health 
                officials, the Emergency Management Assistance Compact, 
                health care systems, and emergency medical service 
                systems to ensure effective integration of Federal 
                public health and medical assets during a public health 
                emergency.
                    ``(C) Emergency medical services.--Promote improved 
                emergency medical services medical direction, system 
                integration, research, and uniformity of data 
                collection, treatment protocols, and policies with 
                regard to public health emergencies.
            ``(5) Logistics.--In coordination with the Secretary of 
        Veterans Affairs, the Secretary of Homeland Security, the 
        General Services Administration, and other public and private 
        entities, provide logistical support for medical and public 
        health aspects of Federal responses to public health 
        emergencies.
            ``(6) Leadership.--Provide leadership in international 
        programs, initiatives, and policies that deal with public 
        health and medical emergency preparedness and response.
    ``(c) Functions.--The Assistant Secretary for Preparedness and 
Response shall--
            ``(1) have authority over and responsibility for the 
        functions, personnel, assets, and liabilities of the 
        following--
                    ``(A) the National Disaster Medical System (in 
                accordance with section 301 of the Pandemic and All-
                Hazards Preparedness Act);
                    ``(B) the Hospital Preparedness Cooperative 
                Agreement Program pursuant to section 319C-2; and
                    ``(C) the Public Health Preparedness Cooperative 
                Agreement Program pursuant to section 319C-1;
            ``(2) exercise the responsibilities and authorities of the 
        Secretary with respect to the coordination of--
                    ``(A) the Medical Reserve Corps pursuant to section 
                2813;
                    ``(B) the Emergency System for Advance Registration 
                of Volunteer Health Professionals pursuant to section 
                319I;
                    ``(C) the Strategic National Stockpile; and
                    ``(D) the Cities Readiness Initiative; and
            ``(3) assume other duties as determined appropriate by the 
        Secretary.''; and
            (4) by striking ``Assistant Secretary for Public Health 
        Emergency Preparedness'' each place it appears and inserting 
        ``Assistant Secretary for Preparedness and Response''.
    (b) Transfer of Functions; References.--
            (1) Transfer of functions.--There shall be transferred to 
        the Office of the Assistant Secretary for Preparedness and 
        Response the functions, personnel, assets, and liabilities of 
        the Assistant Secretary for Public Health Emergency 
        Preparedness as in effect on the day before the date of 
        enactment of this Act.
            (2) References.--Any reference in any Federal law, 
        Executive order, rule, regulation, or delegation of authority, 
        or any document of or pertaining to the Assistant Secretary for 
        Public Health Emergency Preparedness as in effect the day 
        before the date of enactment of this Act, shall be deemed to be 
        a reference to the Assistant Secretary for Preparedness and 
        Response.

SEC. 103. NATIONAL HEALTH SECURITY STRATEGY.

    Title XXVIII of the Public Health Service Act (300hh-11 et seq.), 
as amended by section 101, is amended by inserting after section 2801 
the following:

``SEC. 2802. NATIONAL HEALTH SECURITY STRATEGY.

    ``(a) In General.--
            ``(1) Preparedness and response regarding public health 
        emergencies.--Beginning in 2009 and every four years 
        thereafter, the Secretary shall prepare and submit to the 
        relevant Committees of Congress a coordinated strategy and any 
        revisions thereof, and an accompanying implementation plan for 
        public health emergency preparedness and response. The strategy 
        shall identify the process for achieving the preparedness goals 
        described in subsection (b) and shall be consistent with the 
        National Preparedness Goal, the National Incident Management 
        System, and the National Response Plan developed pursuant to 
        section 502(6) of the Homeland Security Act of 2002, or any 
        successor plan.
            ``(2) Evaluation of progress.--The National Health Security 
        Strategy shall include an evaluation of the progress made by 
        Federal, State, local, and tribal entities, based on the 
        evidence-based benchmarks and objective standards that measure 
        levels of preparedness established pursuant to section 319C-
        1(g). Such evaluation shall include aggregate and State-
        specific breakdowns of obligated funding spent by major 
        category (as defined by the Secretary) for activities funded 
        through awards pursuant to sections 319C-1 and 319C-2.
            ``(3) Public health workforce.--In 2009, the National 
        Health Security Strategy shall include a national strategy for 
        establishing an effective and prepared public health workforce, 
        including defining the functions, capabilities, and gaps in 
        such workforce, and identifying strategies to recruit, retain, 
        and protect such workforce from workplace exposures during 
        public health emergencies.
    ``(b) Preparedness Goals.--The strategy under subsection (a) shall 
include provisions in furtherance of the following:
            ``(1) Integration.--Integrating public health and public 
        and private medical capabilities with other first responder 
        systems, including through--
                    ``(A) the periodic evaluation of Federal, State, 
                local, and tribal preparedness and response 
                capabilities through drills and exercises; and
                    ``(B) integrating public and private sector public 
                health and medical donations and volunteers.
            ``(2) Public health.--Developing and sustaining Federal, 
        State, local, and tribal essential public health security 
        capabilities, including the following:
                    ``(A) Disease situational awareness domestically 
                and abroad, including detection, identification, and 
                investigation.
                    ``(B) Disease containment including capabilities 
                for isolation, quarantine, social distancing, and 
                decontamination.
                    ``(C) Risk communication and public preparedness.
                    ``(D) Rapid distribution and administration of 
                medical countermeasures.
            ``(3) Medical.--Increasing the preparedness, response 
        capabilities, and surge capacity of hospitals, other health 
        care facilities (including mental health facilities), and 
        trauma care and emergency medical service systems with respect 
        to public health emergencies, which shall include developing 
        plans for the following:
                    ``(A) Strengthening public health emergency medical 
                management and treatment capabilities.
                    ``(B) Medical evacuation and fatality management.
                    ``(C) Rapid distribution and administration of 
                medical countermeasures.
                    ``(D) Effective utilization of any available public 
                and private mobile medical assets and integration of 
                other Federal assets.
                    ``(E) Protecting health care workers and health 
                care first responders from workplace exposures during a 
                public health emergency.
            ``(4) At-risk individuals.--
                    ``(A) Taking into account the public health and 
                medical needs of at-risk individuals in the event of a 
                public health emergency.
                    ``(B) For purpose of the Pandemic and All-Hazards 
                Preparedness Act, the term `at-risk individuals' means 
                children, pregnant women, senior citizens and other 
                individuals who have special needs in the event of a 
                public health emergency, as determined by the 
                Secretary.
            ``(5) Coordination.--Minimizing duplication of, and 
        ensuring coordination between Federal, State, local, and tribal 
        planning, preparedness, and response activities (including the 
        State Emergency Management Assistance Compact). Such planning 
        shall be consistent with the National Response Plan, or any 
        successor plan, and National Incident Management System and the 
        National Preparedness Goal.
            ``(6) Continuity of operations.--Maintaining vital public 
        health and medical services to allow for optimal Federal, 
        State, local, and tribal operations in the event of a public 
        health emergency.''.

             TITLE II--PUBLIC HEALTH SECURITY PREPAREDNESS

SEC. 201. IMPROVING STATE AND LOCAL PUBLIC HEALTH SECURITY.

    Section 319C-1 of the Public Health Service Act (42 U.S.C. 247d-3a) 
is amended--
            (1) by amending the heading to read as follows: ``improving 
        state and local public health security.'';
            (2) by striking subsections (a) through (i) and inserting 
        the following:
    ``(a) In General.--To enhance the security of the United States 
with respect to public health emergencies, the Secretary shall award 
cooperative agreements to eligible entities to enable such entities to 
conduct the activities described in subsection (d).
    ``(b) Eligible Entities.--To be eligible to receive an award under 
subsection (a), an entity shall--
            ``(1)(A) be a State;
            ``(B) be a political subdivision determined by the 
        Secretary to be eligible for an award under this section (based 
        on criteria described in subsection (h)(4)); or
            ``(C) be a consortium of entities described in subparagraph 
        (A); and
            ``(2) prepare and submit to the Secretary an application at 
        such time, and in such manner, and containing such information 
        as the Secretary may require, including--
                    ``(A) an All-Hazards Public Health Emergency 
                Preparedness and Response Plan which shall include--
                            ``(i) a description of the activities such 
                        entity will carry out under the agreement to 
                        meet the goals identified under section 2802;
                            ``(ii) a pandemic influenza plan consistent 
                        with the requirements of paragraphs (2) and (5) 
                        of subsection (g);
                            ``(iii) preparedness and response 
                        strategies and capabilities that take into 
                        account the medical and public health needs of 
                        at-risk individuals in the event of a public 
                        health emergency;
                            ``(iv) a description of the mechanism the 
                        entity will implement to utilize the Emergency 
                        Management Assistance Compact or other mutual 
                        aid agreements for medical and public health 
                        mutual aid; and
                            ``(v) a description of how the entity will 
                        include the State Area Agency on Aging in 
                        public health emergency preparedness;
                    ``(B) an assurance that the entity will report to 
                the Secretary on an annual basis (or more frequently as 
                determined by the Secretary) on the evidence-based 
                benchmarks and objective standards established by the 
                Secretary to evaluate the preparedness and response 
                capabilities of such entity;
                    ``(C) an assurance that the entity will conduct, on 
                at least an annual basis, an exercise or drill that 
                meets any criteria established by the Secretary to test 
                the preparedness and response capabilities of such 
                entity, and that the entity will report back to the 
                Secretary within the application of the following year 
                on the strengths and weaknesses identified through such 
                exercise or drill, and corrective actions taken to 
                address material weaknesses;
                    ``(D) an assurance that the entity will provide to 
                the Secretary the data described under section 
                319D(d)(3) as determined feasible by the Secretary;
                    ``(E) an assurance that the entity will conduct 
                activities to inform and educate the hospitals within 
                the jurisdiction of such entity on the role of such 
                hospitals in the plan required under subparagraph (A);
                    ``(F) an assurance that the entity, with respect to 
                the plan described under subparagraph (A), has 
                developed and will implement an accountability system 
                to ensure that such entity make satisfactory annual 
                improvement and describe such system in the plan under 
                subparagraph (A);
                    ``(G) a description of the means by which to obtain 
                public comment and input on the plan described in 
                subparagraph (A) and on the implementation of such 
                plan, that shall include an advisory committee or other 
                similar mechanism for obtaining comment from the public 
                and from other State, local, and tribal stakeholders; 
                and
                    ``(H) as relevant, a description of the process 
                used by the entity to consult with local departments of 
                public health to reach consensus, approval, or 
                concurrence on the relative distribution of amounts 
                received under this section.
    ``(c) Limitation.--Beginning in fiscal year 2009, the Secretary may 
not award a cooperative agreement to a State unless such State is a 
participant in the Emergency System for Advance Registration of 
Volunteer Health Professionals described in section 319I.
    ``(d) Use of Funds.--
            ``(1) In general.--An award under subsection (a) shall be 
        expended for activities to achieve the preparedness goals 
        described under paragraphs (1), (2), (4), (5), and (6) of 
        section 2802(b).
            ``(2) Effect of section.--Nothing in this subsection may be 
        construed as establishing new regulatory authority or as 
        modifying any existing regulatory authority.
    ``(e) Coordination With Local Response Capabilities.--An entity 
shall, to the extent practicable, ensure that activities carried out 
under an award under subsection (a) are coordinated with activities of 
relevant Metropolitan Medical Response Systems, local public health 
departments, the Cities Readiness Initiative, and local emergency 
plans.
    ``(f) Consultation With Homeland Security.--In making awards under 
subsection (a), the Secretary shall consult with the Secretary of 
Homeland Security to--
            ``(1) ensure maximum coordination of public health and 
        medical preparedness and response activities with the 
        Metropolitan Medical Response System, and other relevant 
        activities;
            ``(2) minimize duplicative funding of programs and 
        activities;
            ``(3) analyze activities, including exercises and drills, 
        conducted under this section to develop recommendations and 
        guidance on best practices for such activities, and
            ``(4) disseminate such recommendations and guidance, 
        including through expanding existing lessons learned 
        information systems to create a single Internet-based point of 
        access for sharing and distributing medical and public health 
        best practices and lessons learned from drills, exercises, 
        disasters, and other emergencies.
    ``(g) Achievement of Measurable Evidence-Based Benchmarks and 
Objective Standards.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Pandemic and All-Hazards Preparedness Act, 
        the Secretary shall develop or where appropriate adopt, and 
        require the application of measurable evidence-based benchmarks 
        and objective standards that measure levels of preparedness 
        with respect to the activities described in this section and 
        with respect to activities described in section 319C-2. In 
        developing such benchmarks and standards, the Secretary shall 
        consult with and seek comments from State, local, and tribal 
        officials and private entities, as appropriate. Where 
        appropriate, the Secretary shall incorporate existing objective 
        standards. Such benchmarks and standards shall, at a minimum, 
        require entities to--
                    ``(A) demonstrate progress toward achieving the 
                preparedness goals described in section 2802 in a 
                reasonable timeframe determined by the Secretary;
                    ``(B) annually report grant expenditures to the 
                Secretary (in a form prescribed by the Secretary) who 
                shall ensure that such information is included on the 
                Federal Internet-based point of access developed under 
                subsection (f); and
                    ``(C) at least annually, test and exercise the 
                public health and medical emergency preparedness and 
                response capabilities of the grantee, based on criteria 
                established by the Secretary.
            ``(2) Criteria for pandemic influenza plans.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Pandemic and All-Hazards 
                Preparedness Act, the Secretary shall develop and 
                disseminate to the chief executive officer of each 
                State criteria for an effective State plan for 
                responding to pandemic influenza.
                    ``(B) Rule of construction.--Nothing in this 
                section shall be construed to require the duplication 
                of Federal efforts with respect to the development of 
                criteria or standards, without regard to whether such 
                efforts were carried out prior to or after the date of 
                enactment of this section.
            ``(3) Technical assistance.--The Secretary shall, as 
        determined appropriate by the Secretary, provide to a State, 
        upon request, technical assistance in meeting the requirements 
        of this section, including the provision of advice by experts 
        in the development of high-quality assessments, the setting of 
        State objectives and assessment methods, the development of 
        measures of satisfactory annual improvement that are valid and 
        reliable, and other relevant areas.
            ``(4) Notification of failures.--The Secretary shall 
        develop and implement a process to notify entities that are 
        determined by the Secretary to have failed to meet the 
        requirements of paragraph (1) or (2). Such process shall 
        provide such entities with the opportunity to correct such 
        noncompliance. An entity that fails to correct such 
        noncompliance shall be subject to paragraph (5).
            ``(5) Withholding of amounts from entities that fail to 
        achieve benchmarks or submit influenza plan.--Beginning with 
        fiscal year 2009, and in each succeeding fiscal year, the 
        Secretary shall--
                    ``(A) withhold from each entity that has failed 
                substantially to meet the benchmarks and performance 
                measures described in paragraph (1) for the immediately 
                preceding fiscal year (beginning with fiscal year 
                2008), pursuant to the process developed under 
                paragraph (4), the amount described in paragraph (6); 
                and
                    ``(B) withhold from each entity that has failed to 
                submit to the Secretary a plan for responding to 
                pandemic influenza that meets the criteria developed 
                under paragraph (2), the amount described in paragraph 
                (6).
            ``(6) Amounts described.--
                    ``(A) In general.--The amounts described in this 
                paragraph are the following amounts that are payable to 
                an entity for activities described in section 319C-1 or 
                319C-2:
                            ``(i) For the fiscal year immediately 
                        following a fiscal year in which an entity 
                        experienced a failure described in subparagraph 
                        (A) or (B) of paragraph (5) by the entity, an 
                        amount equal to 10 percent of the amount the 
                        entity was eligible to receive for such fiscal 
                        year.
                            ``(ii) For the fiscal year immediately 
                        following two consecutive fiscal years in which 
                        an entity experienced such a failure, an amount 
                        equal to 15 percent of the amount the entity 
                        was eligible to receive for such fiscal year, 
                        taking into account the withholding of funds 
                        for the immediately preceding fiscal year under 
                        clause (i).
                            ``(iii) For the fiscal year immediately 
                        following three consecutive fiscal years in 
                        which an entity experienced such a failure, an 
                        amount equal to 20 percent of the amount the 
                        entity was eligible to receive for such fiscal 
                        year, taking into account the withholding of 
                        funds for the immediately preceding fiscal 
                        years under clauses (i) and (ii).
                            ``(iv) For the fiscal year immediately 
                        following four consecutive fiscal years in 
                        which an entity experienced such a failure, an 
                        amount equal to 25 percent of the amount the 
                        entity was eligible to receive for such a 
                        fiscal year, taking into account the 
                        withholding of funds for the immediately 
                        preceding fiscal years under clauses (i), (ii), 
                        and (iii).
                    ``(B) Separate accounting.--Each failure described 
                in subparagraph (A) or (B) of paragraph (5) shall be 
                treated as a separate failure for purposes of 
                calculating amounts withheld under subparagraph (A).
            ``(7) Reallocation of amounts withheld.--
                    ``(A) In general.--The Secretary shall make amounts 
                withheld under paragraph (6) available for making 
                awards under section 319C-2 to entities described in 
                subsection (b)(1) of such section.
                    ``(B) Preference in reallocation.--In making awards 
                under section 319C-2 with amounts described in 
                subparagraph (A), the Secretary shall give preference 
                to eligible entities (as described in section 319C-
                2(b)(1)) that are located in whole or in part in States 
                from which amounts have been withheld under paragraph 
                (6).
            ``(8) Waiver or reduce withholding.--The Secretary may 
        waive or reduce the withholding described in paragraph (6), for 
        a single entity or for all entities in a fiscal year, if the 
        Secretary determines that mitigating conditions exist that 
        justify the waiver or reduction.'';
            (3) by redesignating subsection (j) as subsection (h);
            (4) in subsection (h), as so redesignated--
                    (A) by striking paragraphs (1) through (3)(A) and 
                inserting the following:
            ``(1) Authorization of appropriations.--
                    ``(A) In general.--For the purpose of carrying out 
                this section, there is authorized to be appropriated 
                $824,000,000 fiscal year 2007 for awards pursuant to 
                paragraph (3) (subject to the authority of the 
                Secretary to make awards pursuant to paragraphs (4) and 
                (5)), and such sums as may be necessary for each of 
                fiscal years 2008 through 2011.
                    ``(B) Coordination.--There are authorized to be 
                appropriated, $10,000,000 for fiscal year 2007 to carry 
                out subsection (f)(3).
                    ``(C) Requirement for state matching funds.--
                Beginning in fiscal year 2009, in the case of any State 
                or consortium of two or more States, the Secretary may 
                not award a cooperative agreement under this section 
                unless the State or consortium of States agree that, 
                with respect to the amount of the cooperative agreement 
                awarded by the Secretary, the State or consortium of 
                States will make available (directly or through 
                donations from public or private entities) non-Federal 
                contributions in an amount equal to--
                            ``(i) for the first fiscal year of the 
                        cooperative agreement, not less than 5 percent 
                        of such costs ($1 for each $20 of Federal funds 
                        provided in the cooperative agreement); and
                            ``(ii) for any second fiscal year of the 
                        cooperative agreement, and for any subsequent 
                        fiscal year of such cooperative agreement, not 
                        less than 10 percent of such costs ($1 for each 
                        $10 of Federal funds provided in the 
                        cooperative agreement).
                    ``(D) Determination of amount of non-federal 
                contributions.--As determined by the Secretary, non-
                Federal contributions required in subparagraph (C) may 
                be provided directly or through donations from public 
                or private entities and may be in cash or in kind, 
                fairly evaluated, including plant, equipment or 
                services. Amounts provided by the Federal government, 
                or services assisted or subsidized to any significant 
                extent by the Federal government, may not be included 
                in determining the amount of such non-Federal 
                contributions.
            ``(2) Maintaining funding.--
                    ``(A) In general.--An entity that receives an award 
                under this section shall maintain expenditures for 
                public health security at a level that is not less than 
                the average level of such expenditures maintained by 
                the entity for the preceding 2 year period.
                    ``(B) Rule of construction.--Nothing in this 
                section shall be construed to prohibit the use of 
                awards under this section to pay salary and related 
                expenses of public health and other professionals 
                employed by State, local, or tribal public health 
                agencies who are carrying out activities supported by 
                such awards (regardless of whether the primary 
                assignment of such personnel is to carry out such 
                activities).
            ``(3) Determination of amount.--
                    ``(A) In general.--The Secretary shall award 
                cooperative agreements under subsection (a) to each 
                State or consortium of 2 or more States that submits to 
                the Secretary an application that meets the criteria of 
                the Secretary for the receipt of such an award and that 
                meets other implementation conditions established by 
                the Secretary for such awards.'';
                    (B) in paragraph (4)(A)--
                            (i) by striking ``2003'' and inserting 
                        ``2007''; and
                            (ii) by striking ``(A)(i)(I)'';
                    (C) in paragraph (4)(D), by striking ``2002'' and 
                inserting ``2006'';
                    (D) in paragraph (5)--
                            (i) by striking ``2003''and inserting 
                        ``2007''; and
                            (ii) By striking ``(A)(i)(I)''; and
                    (E) by striking paragraph (6) and inserting the 
                following:
            ``(6) Funding of local entities.--The Secretary shall, in 
        making awards under this section, ensure that with respect to 
        the cooperative agreement awarded, the entity make available 
        appropriate portions of such award to political subdivisions 
        and local departments of public health through a process 
        involving the consensus, approval or concurrence with such 
        local entities.''; and
            (5) by adding at the end the following:
    ``(i) Administrative and Fiscal Responsibility.--
            ``(1) Annual reporting requirements.--Each entity shall 
        prepare and submit to the Secretary annual reports on its 
        activities under this section and section 319C-2. Each such 
        report shall be prepared by, or in consultation with, the 
        health department. In order to properly evaluate and compare 
        the performance of different entities assisted under this 
        section and section 319C-2 and to assure the proper expenditure 
        of funds under this section and section 319C-2, such reports 
        shall be in such standardized form and contain such information 
        as the Secretary determines (after consultation with the 
        States) to be necessary to--
                    ``(A) secure an accurate description of those 
                activities;
                    ``(B) secure a complete record of the purposes for 
                which funds were spent, and of the recipients of such 
                funds;
                    ``(C) describe the extent to which the entity has 
                met the goals and objectives it set forth under this 
                section or section 319C-2; and
                    ``(D) determine the extent to which funds were 
                expended consistent with the entity's application 
                transmitted under this section or section 319C-2.
            ``(2) Audits; implementation.--
                    ``(A) In general.--Each entity receiving funds 
                under this section or section 319C-2 shall, not less 
                often than once every 2 years, audit its expenditures 
                from amounts received under this section or section 
                319C-2. Such audits shall be conducted by an entity 
                independent of the agency administering a program 
                funded under this section or section 319C-2 in 
                accordance with the Comptroller General's standards for 
                auditing governmental organizations, programs, 
                activities, and functions and generally accepted 
                auditing standards. Within 30 days following the 
                completion of each audit report, the entity shall 
                submit a copy of that audit report to the Secretary.
                    ``(B) Repayment.--Each entity shall repay to the 
                United States amounts found by the Secretary, after 
                notice and opportunity for a hearing to the entity, not 
                to have been expended in accordance with this section 
                or section 319C-2 and, if such repayment is not made, 
                the Secretary may offset such amounts against the 
                amount of any allotment to which the entity is or may 
                become entitled under this section or section 319C-2 or 
                may otherwise recover such amounts.
                    ``(C) Withholding of payment.--The Secretary may, 
                after notice and opportunity for a hearing, withhold 
                payment of funds to any entity which is not using its 
                allotment under this section or section 319C-2 in 
                accordance with such section. The Secretary may 
                withhold such funds until the Secretary finds that the 
                reason for the withholding has been removed and there 
                is reasonable assurance that it will not recur.
            ``(3) Maximum carryover amount.--
                    ``(A) In general.--For each fiscal year, the 
                Secretary, in consultation with the States and 
                political subdivisions, shall determine the maximum 
                percentage amount of an award under this section that 
                an entity may carryover to the succeeding fiscal year.
                    ``(B) Amount exceeded.--For each fiscal year, if 
                the percentage amount of an award under this section 
                unexpended by an entity exceeds the maximum percentage 
                permitted by the Secretary under subparagraph (A), the 
                entity shall return to the Secretary the portion of the 
                unexpended amount that exceeds the maximum amount 
                permitted to be carried over by the Secretary.
                    ``(C) Action by secretary.--The Secretary shall 
                make amounts returned to the Secretary under 
                subparagraph (B) available for awards under section 
                319C-2(b)(1). In making awards under section 319C-
                2(b)(1) with amounts collected under this paragraph the 
                Secretary shall give preference to entities that are 
                located in whole or in part in States from which 
                amounts have been returned under subparagraph (B).
                    ``(D) Waiver.--An entity may apply to the Secretary 
                for a waiver of the maximum percentage amount under 
                subparagraph (A). Such an application for a waiver 
                shall include an explanation why such requirement 
                should not apply to the entity and the steps taken by 
                such entity to ensure that all funds under an award 
                under this section will be expended appropriately.
                    ``(E) Waive or reduce withholding.--The Secretary 
                may waive the application of subparagraph (B) for a 
                single entity pursuant to subparagraph (D) or for all 
                entities in a fiscal year, if the Secretary determines 
                that mitigating conditions exist that justify the 
                waiver or reduction.''.

SEC. 202. USING INFORMATION TECHNOLOGY TO IMPROVE SITUATIONAL AWARENESS 
              IN PUBLIC HEALTH EMERGENCIES.

    Section 319D of the Public Health Service Act (42 U.S.C. 247d-4) is 
amended--
            (1) in subsection (a)(1), by inserting ``domestically and 
        abroad'' after ``public health threats''; and
            (2) by adding at the end the following:
    ``(d) Public Health Situational Awareness.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Pandemic and All-Hazards Preparedness Act, the 
        Secretary, in collaboration with State, local, and tribal 
        public health officials, shall establish a near real-time 
        electronic nationwide public health situational awareness 
        capability through an interoperable network of systems to share 
        data and information to enhance early detection of rapid 
        response to, and management of, potentially catastrophic 
        infectious disease outbreaks and other public health 
        emergencies that originate domestically or abroad. Such network 
        shall be built on existing State situational awareness systems 
        or enhanced systems that enable such connectivity.
            ``(2) Strategic plan.--Not later than 180 days after the 
        date of enactment the Pandemic and All-Hazards Preparedness 
        Act, the Secretary shall submit to the appropriate committees 
        of Congress, a strategic plan that demonstrates the steps the 
        Secretary will undertake to develop, implement, and evaluate 
        the network described in paragraph (1), utilizing the elements 
        described in paragraph (3).
            ``(3) Elements.--The network described in paragraph (1) 
        shall include data and information transmitted in a 
        standardized format from--
                    ``(A) State, local, and tribal public health 
                entities, including public health laboratories;
                    ``(B) Federal health agencies;
                    ``(C) zoonotic disease monitoring systems;
                    ``(D) public and private sector health care 
                entities, hospitals, pharmacies, poison control centers 
                or professional organizations in the field of poison 
                control, and clinical laboratories, to the extent 
                practicable and provided that such data are voluntarily 
                provided simultaneously to the Secretary and 
                appropriate State, local, and tribal public health 
                agencies; and
                    ``(E) such other sources as the Secretary may deem 
                appropriate.
            ``(4) Rule of construction.--Paragraph (3) shall not be 
        construed as requiring separate reporting of data and 
        information from each source listed.
            ``(5) Required activities.--In establishing and operating 
        the network described in paragraph (1), the Secretary shall--
                    ``(A) utilize applicable interoperability standards 
                as determined by the Secretary through a joint public 
                and private sector process;
                    ``(B) define minimal data elements for such 
                network;
                    ``(C) in collaboration with State, local, and 
                tribal public health officials, integrate and build 
                upon existing State, local, and tribal capabilities, 
                ensuring simultaneous sharing of data, information, and 
                analyses from the network described in paragraph (1) 
                with State, local, and tribal public health agencies; 
                and
                    ``(D) in collaboration with State, local, and 
                tribal public health officials, develop procedures and 
                standards for the collection, analysis, and 
                interpretation of data that States, regions, or other 
                entities collect and report to the network described in 
                paragraph (1).
    ``(e) State and Regional Systems to Enhance Situational Awareness 
in Public Health Emergencies.--
            ``(1) In general.--To implement the network described in 
        section (d), the Secretary may award grants to States to 
        enhance the ability of such States to establish or operate a 
        coordinated public health situational awareness system for 
        regional or Statewide early detection of, rapid response to, 
        and management of potentially catastrophic infectious disease 
        outbreaks and public health emergencies, in collaboration with 
        public health agencies, sentinel hospitals, clinical 
        laboratories, pharmacies, poison control centers, other health 
        care organizations, and animal health organizations within such 
        States.
            ``(2) Eligibility.--To be eligible to receive a grant under 
        paragraph (1), the State shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require, including an 
        assurance that the State will submit to the Secretary--
                    ``(A) reports of such data, information, and 
                metrics as the Secretary may require;
                    ``(B) a report on the effectiveness of the systems 
                funded under the grant; and
                    ``(C) a description of the manner in which grant 
                funds will be used to enhance the timelines and 
                comprehensiveness of efforts to detect, respond to, and 
                manage potentially catastrophic infectious disease 
                outbreaks and public health emergencies.
            ``(3) Use of funds.--A State that receives an award under 
        this subsection--
                    ``(A) shall establish, enhance, or operate a 
                coordinated public health situational awareness system 
                for regional or Statewide early detection of, rapid 
                response to, and management of potentially catastrophic 
                infectious disease outbreaks and public health 
                emergencies; and
                    ``(B) may award grants or contracts to entities 
                described in paragraph (1) within or serving such State 
                to assist such entities in improving the operation of 
                information technology systems, facilitating the secure 
                exchange of data and information, and training 
                personnel to enhance the operation of the system 
                described in paragraph (A).
            ``(4) Limitation.--Information technology systems acquired 
        or implemented using grants awarded under this section must be 
        compliant with--
                    ``(A) interoperability and other technological 
                standards, as determined by the Secretary; and
                    ``(B) data collection and reporting requirements 
                for the network described in subsection (d).
            ``(5) Independent evaluation.--Not later than 4 years after 
        the date of enactment of the Pandemic and All-Hazards 
        Preparedness Act, the Government Accountability Office shall 
        conduct an independent evaluation, and submit to the Secretary 
        and the appropriate committees of Congress a report, concerning 
        the activities conducted under this subsection and subsection 
        (d).
    ``(f) Grants for Real-Time Surveillance Improvement.--
            ``(1) In general.--The Secretary may award grants to 
        eligible entities to carry out projects described under 
        paragraph (4).
            ``(2) Eligible entity.--For purposes of this section, the 
        term `eligible entity' means an entity that is--
                    ``(A)(i) a hospital, clinical laboratory, 
                university; or
                    ``(ii) poison control center or professional 
                organization in the field of poison control; and
                    ``(B) a participant in the network established 
                under subsection (d).
            ``(3) Application.--Each eligible entity desiring a grant 
        under this section shall submit to the Secretary an application 
        at such time, in such manner, and containing such information 
        as the Secretary may require.
            ``(4) Use of funds.--
                    ``(A) In general.--An eligible entity described in 
                paragraph (2)(A)(i) that receives a grant under this 
                section shall use the funds awarded pursuant to such 
                grant to carry out a pilot demonstration project to 
                purchase and implement the use of advanced diagnostic 
                medical equipment to analyze real-time clinical 
                specimens for pathogens of public health or 
                bioterrorism significance and report any results from 
                such project to State, local, and tribal public health 
                entities and the network established under subsection 
                (d).
                    ``(B) Other entities.--An eligible entity described 
                in paragraph (2)(A)(ii) that receives a grant under 
                this section shall use the funds awarded pursuant to 
                such grant to--
                            ``(i) improve the early detection, 
                        surveillance, and investigative capabilities of 
                        poison control centers for chemical, 
                        biological, radiological, and nuclear events by 
                        training poison information personnel to 
                        improve the accuracy of surveillance data, 
                        improving the definitions used by the poison 
                        control centers for surveillance, and enhancing 
                        timely and efficient investigation of data 
                        anomalies;
                            ``(ii) improve the capabilities of poison 
                        control centers to provide information to 
                        health care providers and the public with 
                        regard to chemical, biological, radiological, 
                        or nuclear threats or exposures, in 
                        consultation with the appropriate State, local, 
                        and tribal public health entities; or
                            ``(iii) provide surge capacity in the event 
                        of a chemical, biological, radiological, or 
                        nuclear event through the establishment of 
                        alternative poison control center worksites and 
                        the training of nontraditional personnel.
    ``(g) Authorization of Appropriations.--
            ``(1) Fiscal year 2007.--There are authorized to be 
        appropriated to carry out subsections (d), (e), and (f) 
        $102,000,000 for fiscal year 2007, of which $35,000,000 is 
        authorized to be appropriated to carry out subsection (f).
            ``(2) Subsequent fiscal years.--There are authorized to be 
        appropriated such sums as may be necessary to carry out 
        subsections (d), (e), and (f) for each of fiscal years 2008 
        through 2011.''.

SEC. 203. PUBLIC HEALTH WORKFORCE ENHANCEMENTS.

    (a) Demonstration Project.--Subpart III of part D of title III of 
the Public Health Service Act (42 U.S.C. 254l) is amended by adding at 
the end the following:

``SEC. 338M. PUBLIC HEALTH DEPARTMENTS.

    ``(a) In General.--To the extent that funds are appropriated under 
subsection (e), the Secretary shall establish a demonstration project 
to provide for the participation of individuals who are eligible for 
the Loan Repayment Program described in section 338B and who agree to 
complete their service obligation in a State health department that 
provides a significant amount of service to health professional 
shortage areas or areas at risk of a public health emergency, as 
determined by the Secretary, or in a local or tribal health department 
that serves a health professional shortage area or an area at risk of a 
public health emergency.
    ``(b) Procedure.--To be eligible to receive assistance under 
subsection (a), with respect to the program described in section 338B, 
an individual shall--
            ``(1) comply with all rules and requirements described in 
        such section (other than section 338B(f)(1)(B)(iv)); and
            ``(2) agree to serve for a time period equal to 2 years, or 
        such longer period as the individual may agree to, in a State, 
        local, or tribal health department, described in subsection 
        (a).
    ``(c) Designations.--The demonstration project described in 
subsection (a), and any healthcare providers who are selected to 
participate in such project, shall not be considered by the Secretary 
in the designation of health professional shortage areas under section 
332 during fiscal years 2007 through 2010.
    ``(d) Report.--Not later than 3 years after the date of enactment 
of this section, the Secretary shall submit a report to the relevant 
committees of Congress that evaluates the participation of individuals 
in the demonstration project under subsection (a), the impact of such 
participation on State, local, and tribal health departments, and the 
benefit and feasibility of permanently allowing such placements in the 
Loan Repayment Program.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2007 through 2010.''.
    (b) Grants for Loan Repayment Program.--Section 338I of the Public 
Health Service Act (42 U.S.C. 254q-1) is amended by adding at the end 
the following:
    ``(j) Public Health Loan Repayment.--
            ``(1) In general.--The Secretary may award grants to States 
        for the purpose of assisting such States in operating loan 
        repayment programs under which such States enter into contracts 
        to repay all or part of the eligible loans borrowed by, or on 
        behalf of, individuals who agree to serve in State, local, or 
        tribal health departments that serve health professional 
        shortage areas or other areas at risk of a public health 
        emergency, as designated by the Secretary.
            ``(2) Loans eligible for repayment.--To be eligible for 
        repayment under this subsection, a loan shall be a loan made, 
        insured, or guaranteed by the Federal Government that is 
        borrowed by, or on behalf of, an individual to pay the cost of 
        attendance for a program of education leading to a degree 
        appropriate for serving in a State, local, or tribal health 
        department as determined by the Secretary and the chief 
        executive officer of the State in which the grant is 
        administered, at an institution of higher education (as defined 
        in section 102 of the Higher Education Act of 1965), including 
        principal, interest, and related expenses on such loan.
            ``(3) Applicability of existing requirements.--With respect 
        to awards made under paragraph (1)--
                    ``(A) the requirements of subsections (b), (f), and 
                (g) shall apply to such awards; and
                    ``(B) the requirements of subsection (c) shall 
                apply to such awards except that with respect to 
                paragraph (1) of such subsection, the State involved 
                may assign an individual only to public and nonprofit 
                private entities that serve health professional 
                shortage areas or areas at risk of a public health 
                emergency, as determined by the Secretary.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        such sums as may be necessary for each of fiscal years 2007 
        through 2010.''.

SEC. 204. VACCINE TRACKING AND DISTRIBUTION.

    Section 319A of the Public Health Service Act (42 U.S.C. 247d-1) is 
amended to read as follows:

``SEC. 319A. VACCINE TRACKING AND DISTRIBUTION.

    ``(a) Tracking.--The Secretary, together with relevant 
manufacturers, wholesalers, and distributors as may agree to cooperate, 
may track the initial distribution of federally purchased influenza 
vaccine in an influenza pandemic. Such tracking information shall be 
used to inform Federal, State, local, and tribal decision makers during 
an influenza pandemic.
    ``(b) Distribution.--The Secretary shall promote communication 
between State, local, and tribal public health officials and such 
manufacturers, wholesalers, and distributors as agree to participate, 
regarding the effective distribution of seasonal influenza vaccine. 
Such communication shall include estimates of high priority 
populations, as determined by the Secretary, in State, local, and 
tribal jurisdictions in order to inform Federal, State, local, and 
tribal decision makers during vaccine shortages and supply disruptions.
    ``(c) Confidentiality.--The information submitted to the Secretary 
or its contractors, if any, under this section or under any other 
section of this Act related to vaccine distribution information shall 
remain confidential in accordance with the exception from the public 
disclosure of trade secrets, commercial or financial information, and 
information obtained from an individual that is privileged and 
confidential, as provided for in section 552(b)(4) of title 5, United 
States Code, and subject to the penalties and exceptions under sections 
1832 and 1833 of title 18, United States Code, relating to the 
protection and theft of trade secrets, and subject to privacy 
protections that are consistent with the regulations promulgated under 
section 264(c) of the Health Insurance Portability and Accountability 
Act of 1996. None of such information provided by a manufacturer, 
wholesaler, or distributor shall be disclosed without its consent to 
another manufacturer, wholesaler, or distributor, or shall be used in 
any manner to give a manufacturer, wholesaler, or distributor a 
proprietary advantage.
    ``(d) Guidelines.--The Secretary, in order to maintain the 
confidentiality of relevant information and ensure that none of the 
information contained in the systems involved may be used to provide 
proprietary advantage within the vaccine market, while allowing State, 
local, and tribal health officials access to such information to 
maximize the delivery and availability of vaccines to high priority 
populations, during times of influenza pandemics, vaccine shortages, 
and supply disruptions, in consultation with manufacturers, 
distributors, wholesalers and State, local, and tribal health 
departments, shall develop guidelines for subsections (a) and (b).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums for each of fiscal 
years 2007 through 2011.
    ``(f) Report to Congress.--As part of the National Health Security 
Strategy described in section 2802, the Secretary shall provide an 
update on the implementation of subsections (a) through (d).''.

SEC. 205. NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.

    The National Science Advisory Board for Biosecurity shall, when 
requested by the Secretary of Health and Human Services, provide to 
relevant Federal departments and agencies, advice, guidance, or 
recommendations concerning--
            (1) a core curriculum and training requirements for workers 
        in maximum containment biological laboratories; and
            (2) periodic evaluations of maximum containment biological 
        laboratory capacity nationwide and assessments of the future 
        need for increased laboratory capacity;

             TITLE III--ALL-HAZARDS MEDICAL SURGE CAPACITY

SEC. 301. NATIONAL DISASTER MEDICAL SYSTEM.

    (a) National Disaster Medical System.--Section 2812 of subtitle B 
of title XXVIII of the Public Health Service Act (42 U.S.C. 300hh-11 et 
seq.), as redesignated by section 102, is amended--
            (1) by striking the section heading and inserting 
        ``national disaster medical system'';
            (2) by striking subsection (a);
            (3) by redesignating subsections (b) through (h) as 
        subsections (a) through (g);
            (4) in subsection (a), as so redesignated--
                    (A) in paragraph (2)(B), by striking ``Federal 
                Emergency Management Agency'' and inserting 
                ``Department of Homeland Security''; and
                    (B) in paragraph (3)(C), by striking ``Public 
                Health Security and Bioterrorism Preparedness and 
                Response Act of 2002'' and inserting ``Pandemic and 
                All-Hazards Preparedness Act'';
            (5) in subsection (b), as so redesignated, by--
                    (A) striking the subsection heading and inserting 
                ``Modifications'';
                    (B) redesignating paragraph (2) as paragraph (3); 
                and
                    (C) striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Taking into account the findings from 
        the joint review described under paragraph (2), the Secretary 
        shall modify the policies of the National Disaster Medical 
        System as necessary.
            ``(2) Joint review and medical surge capacity strategic 
        plan.--Not later than 180 days after the date of enactment of 
        the Pandemic and All-Hazards Preparedness Act, the Secretary, 
        in coordination with the Secretary of Homeland Security, the 
        Secretary of Defense, and the Secretary of Veterans Affairs, 
        shall conduct a joint review of the National Disaster Medical 
        System. Such review shall include an evaluation of medical 
        surge capacity, as described by section 2804(a). As part of the 
        National Health Security Strategy under section 2802, the 
        Secretary shall update the findings from such review and 
        further modify the policies of the National Disaster Medical 
        System as necessary.'';
            (6) by striking ``subsection (b)'' each place it appears 
        and inserting ``subsection (a)'';
            (7) by striking ``subsection (d)'' each place it appears 
        and inserting ``subsection (c)''; and
            (8) in subsection (g), as so redesignated, by striking 
        ``2002 through 2006'' and inserting ``2007 through 2011''.
    (b) Transfer of National Disaster Medical System to the Department 
of Health and Human Services.--There shall be transferred to the 
Secretary of Health and Human Services the functions, personnel, 
assets, and liabilities of the National Disaster Medical System of the 
Department of Homeland Security, including the functions of the 
Secretary of Homeland Security and the Under Secretary for Emergency 
Preparedness and Response relating thereto.
    (c) Conforming Amendments to the Homeland Security Act of 2002.--
The Homeland Security Act of 2002 (6 U.S.C. 312(3)(B), 313(5))) is 
amended--
            (1) in section 502(3)(B), by striking ``, the National 
        Disaster Medical System,''; and
            (2) in section 503(5), by striking ``, the National 
        Disaster Medical System''.
    (d) Update of Certain Provision.--Section 319F(b)(2) of the Public 
Health Service Act (42 U.S.C. 247d-6(b)(2)) is amended--
            (1) in the paragraph heading, by striking ``Children and 
        terrorism'' and inserting ``At-risk individuals and public 
        health emergencies'';
            (2) in subparagraph (A), by striking ``Children and 
        Terrorism'' and inserting ``At-Risk Individuals and Public 
        Health Emergencies'';
            (3) in subparagraph (B)--
                    (A) in clause (i), by striking ``bioterrorism as it 
                relates to children'' and inserting ``public health 
                emergencies as they relate to at-risk individuals'';
                    (B) in clause (ii), by striking ``children'' and 
                inserting ``at-risk individuals''; and
                    (C) in clause (iii), by striking ``children'' and 
                inserting ``at-risk individuals'';
            (4) in subparagraph (C), by striking ``children'' and all 
        that follows through the period and inserting ``at-risk 
        populations.''; and
            (5) in subparagraph (D), by striking ``one year'' and 
        inserting ``six years''.
    (e) Conforming Amendment.--Section 319F(b)(3)(B) of the Public 
Health Service Act (42 U.S.C. 247d-6(b)(3)(B)) is amended by striking 
``and the working group under subsection (a)''.
    (f) Effective Date.--The amendments made by subsections (b) and (c) 
shall take effect on January 1, 2007.

SEC. 302. ENHANCING MEDICAL SURGE CAPACITY.

    (a) In General.--Title XXVIII of the Public Health Service Act 
(300hh-11 et seq.), as amended by section 103, is amended by inserting 
after section 2802 the following:

``SEC. 2804. ENHANCING MEDICAL SURGE CAPACITY.

    ``(a) Study of Enhancing Medical Surge Capacity.--As part of the 
joint review described in section 2812(b), the Secretary shall evaluate 
the benefits and feasibility of improving the capacity of the 
Department of Health and Human Services to provide additional medical 
surge capacity to local communities in the event of a public health 
emergency. Such study shall include an assessment of the need for and 
feasibility of improving surge capacity through--
            ``(1) acquisition and operation of mobile medical assets by 
        the Secretary to be deployed, on a contingency basis, to a 
        community in the event of a public health emergency; and
            ``(2) other strategies to improve such capacity as 
        determined appropriate by the Secretary.
    ``(b) Authority to Acquire and Operate Mobile Medical Assets.--In 
addition to any other authority to acquire, deploy, and operate mobile 
medical assets, the Secretary may acquire, deploy, and operate mobile 
medical assets if, taking into consideration the evaluation conducted 
under subsection (a), such acquisition, deployment, and operation is 
determined to be beneficial and feasible in improving the capacity of 
the Department of Health and Human Services to provide additional 
medical surge capacity to local communities in the event of a public 
health emergency.
    ``(c) Using Federal Facilities to Enhance Medical Surge Capacity.--
            ``(1) Analysis.--The Secretary shall conduct an analysis of 
        whether there are Federal facilities which, in the event of a 
        public health emergency, could practicably be used as 
        facilities in which to provide health care.
            ``(2) Memoranda of understanding.--If, based on the 
        analysis conducted under paragraph (1), the Secretary 
        determines that there are Federal facilities which, in the 
        event of a public health emergency, could be used as facilities 
        in which to provide health care, the Secretary shall, with 
        respect to each such facility, seek to conclude a memorandum of 
        understanding with the head of the Department or agency that 
        operates such facility that permits the use of such facility to 
        provide health care in the event of a public health 
        emergency.''.
    (b) EMTALA.--
            (1) In general.--Section 1135(b) of the Social Security Act 
        (42 U.S.C. 1320b-5(b)) is amended--
                    (A) in paragraph (3), by striking subparagraph (B) 
                and inserting the following:
                    ``(B) the direction or relocation of an individual 
                to receive medical screening in an alternative 
                location--
                            ``(i) pursuant to an appropriate State 
                        emergency preparedness plan; or
                            ``(ii) in the case of a public health 
                        emergency described in subsection (g)(1)(B) 
                        that involves a pandemic infectious disease, 
                        pursuant to a State pandemic preparedness plan 
                        or a plan referred to in clause (i), whichever 
                        is applicable in the State;'';
                    (B) in the third sentence, by striking ``and shall 
                be limited to'' and inserting ``and, except in the case 
                of a waiver or modification to which the fifth sentence 
                of this subsection applies, shall be limited to''; and
                    (C) by adding at the end the following: ``If a 
                public health emergency described in subsection 
                (g)(1)(B) involves a pandemic infectious disease (such 
                as pandemic influenza), the duration of a waiver or 
                modification under paragraph (3) shall be determined in 
                accordance with subsection (e) as such subsection 
                applies to public health emergencies.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to public health emergencies declared pursuant to 
        section 319 of the Public Health Service Act (42 U.S.C. 247d) 
        on or after such date.

SEC. 303. ENCOURAGING HEALTH PROFESSIONAL VOLUNTEERS.

    (a) Volunteer Medical Reserve Corps.--Title XXVIII of the Public 
Health Service Act (42 U.S.C. 300hh-11 et seq.), as amended by this 
Act, is amended by inserting after section 2812 the following:

``SEC. 2813. VOLUNTEER MEDICAL RESERVE CORPS.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Pandemic and All-Hazards Preparedness Act, the 
Secretary, in collaboration with State, local, and tribal officials, 
shall build on State, local, and tribal programs in existence on the 
date of enactment of such Act to establish and maintain a Medical 
Reserve Corps (referred to in this section as the `Corps') to provide 
for an adequate supply of volunteers in the case of a Federal, State, 
local, or tribal public health emergency. The Corps shall be headed by 
a Director who shall be appointed by the Secretary and shall oversee 
the activities of the Corps chapters that exist at the State, local, 
and tribal levels.
    ``(b) State, Local, and Tribal Coordination.--The Corps shall be 
established using existing State, local, and tribal teams and shall not 
alter such teams.
    ``(c) Composition.--The Corps shall be composed of individuals 
who--
            ``(1)(A) are health professionals who have appropriate 
        professional training and expertise as determined appropriate 
        by the Director of the Corps; or
            ``(B) are non-health professionals who have an interest in 
        serving in an auxiliary or support capacity to facilitate 
        access to health care services in a public health emergency;
            ``(2) are certified in accordance with the certification 
        program developed under subsection (d);
            ``(3) are geographically diverse in residence;
            ``(4) have registered and carry out training exercises with 
        a local chapter of the Medical Reserve Corps; and
            ``(5) indicate whether they are willing to be deployed 
        outside the area in which they reside in the event of a public 
        health emergency.
    ``(d) Certification; Drills.--
            ``(1) Certification.--The Director, in collaboration with 
        State, local, and tribal officials, shall establish a process 
        for the periodic certification of individuals who volunteer for 
        the Corps, as determined by the Secretary, which shall include 
        the completion by each individual of the core training programs 
        developed under section 319F, as required by the Director. Such 
        certification shall not supercede State licensing or 
        credentialing requirements.
            ``(2) Drills.--In conjunction with the core training 
        programs referred to in paragraph (1), and in order to 
        facilitate the integration of trained volunteers into the 
        health care system at the local level, Corps members shall 
        engage in periodic training exercises to be carried out at the 
        local level.
    ``(e) Deployment.--During a public health emergency, the Secretary 
shall have the authority to activate and deploy willing members of the 
Corps to areas of need, taking into consideration the public health and 
medical expertise required, with the concurrence of the State, local, 
or tribal officials from the area where the members reside.
    ``(f) Expenses and Transportation.--While engaged in performing 
duties as a member of the Corps pursuant to an assignment by the 
Secretary (including periods of travel to facilitate such assignment), 
members of the Corps who are not otherwise employed by the Federal 
Government shall be allowed travel or transportation expenses, 
including per diem in lieu of subsistence.
    ``(g) Identification.--The Secretary, in cooperation and 
consultation with the States, shall develop a Medical Reserve Corps 
Identification Card that describes the licensure and certification 
information of Corps members, as well as other identifying information 
determined necessary by the Secretary.
    ``(h) Intermittent Disaster-Response Personnel.--
            ``(1) In general.--For the purpose of assisting the Corps 
        in carrying out duties under this section, during a public 
        health emergency, the Secretary may appoint selected 
        individuals to serve as intermittent personnel of such Corps in 
        accordance with applicable civil service laws and regulations. 
        In all other cases, members of the Corps are subject to the 
        laws of the State in which the activities of the Corps are 
        undertaken.
            ``(2) Applicable protections.--Subsections (c)(2), (d), and 
        (e) of section 2812 shall apply to an individual appointed 
        under paragraph (1) in the same manner as such subsections 
        apply to an individual appointed under section 2812(c).
            ``(3) Limitation.--State, local, and tribal officials shall 
        have no authority to designate a member of the Corps as Federal 
        intermittent disaster-response personnel, but may request the 
        services of such members.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $22,000,000 for fiscal year 
2007, and such sums as may be necessary for each of fiscal years 2008 
through 2011.''.
    (b) Encouraging Health Professions Volunteers.--Section 319I of the 
Public Health Service Act (42 U.S.C. 247d-7b) is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (j) and (k), respectively;
            (2) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) In General.--Not later than 12 months after the date of 
enactment of the Pandemic and All-Hazards Preparedness Act, the 
Secretary shall link existing State verification systems to maintain a 
single national interoperable network of systems, each system being 
maintained by a State or group of States, for the purpose of verifying 
the credentials and licenses of health care professionals who volunteer 
to provide health services during a public health emergency (such 
network shall be referred to in this section as the `verification 
network').
    ``(b) Requirements.--The interoperable network of systems 
established under subsection (a) shall include--
            ``(1) with respect to each volunteer health professional 
        included in the system--
                    ``(A) information necessary for the rapid 
                identification of, and communication with, such 
                professionals; and
                    ``(B) the credentials, certifications, licenses, 
                and relevant training of such individuals; and
            ``(2) the name of each member of the Medical Reserve Corps, 
        the National Disaster Medical System, and any other relevant 
        federally-sponsored or administered programs determined 
        necessary by the Secretary.'';
            (3) in subsection (c), strike ``system'' and insert 
        ``network'';
            (4) by striking subsection (d) and inserting the following:
    ``(d) Accessibility.--The Secretary shall ensure that the network 
established under subsection (a) is electronically accessible by State, 
local, and tribal health departments and can be linked with the 
identification cards under section 2813.
    ``(e) Confidentiality.--The Secretary shall establish and require 
the application of and compliance with measures to ensure the effective 
security of, integrity of, and access to the data included in the 
network.
    ``(f) Coordination.--The Secretary shall coordinate with the 
Secretary of Veterans Affairs and the Secretary of Homeland Security to 
assess the feasibility of integrating the verification network under 
this section with the VetPro system of the Department of Veterans 
Affairs and the National Emergency Responder Credentialing System of 
the Department of Homeland Security. The Secretary shall, if feasible, 
integrate the verification network under this section with such VetPro 
system and the National Emergency Responder Credentialing System.
    ``(g) Updating of Information.--The States that are participants in 
the network established under subsection (a) shall, on at least a 
quarterly basis, work with the Director to provide for the updating of 
the information contained in such network.
    ``(h) Clarification.--Inclusion of a health professional in the 
verification network established pursuant to this section shall not 
constitute appointment of such individual as a Federal employee for any 
purpose, either under section 2812(c) or otherwise. Such appointment 
may only be made under section 2812 or 2813.
    ``(i) Health Care Provider Licenses.--The Secretary shall encourage 
States to establish and implement mechanisms to waive the application 
of licensing requirements applicable to health professionals, who are 
seeking to provide medical services (within their scope of practice), 
during a national, State, local, or tribal public health emergency upon 
verification that such health professionals are licensed and in good 
standing in another State and have not been disciplined by any State 
health licensing or disciplinary board.''; and
            (5) in subsection (k) (as so redesignated), by striking 
        ``2006'' and inserting ``2011''.

SEC. 304. CORE EDUCATION AND TRAINING.

    Section 319F of the Public Health Service Act (42 U.S.C. 247d-6) is 
amended--
            (1) by striking subsection (a) and inserting the following;
    ``(a) All-Hazards Public Health and Medical Response Curricula and 
Training.--
            ``(1) In general.--The Secretary, in collaboration with the 
        Secretary of Defense, and in consultation with relevant public 
        and private entities, shall develop core health and medical 
        response curricula and trainings by adapting applicable 
        existing curricula and training programs to improve responses 
        to public health emergencies.
            ``(2) Curriculum.--The public health and medical response 
        training program may include course work related to--
                    ``(A) medical management of casualties, taking into 
                account the needs of at-risk individuals;
                    ``(B) public health aspects of public health 
                emergencies;
                    ``(C) mental health aspects of public health 
                emergencies;
                    ``(D) national incident management, including 
                coordination among Federal, State, local, tribal, 
                international agencies, and other entities; and
                    ``(E) protecting health care workers and health 
                care first responders from workplace exposures during a 
                public health emergency.
            ``(3) Peer review.--On a periodic basis, products prepared 
        as part of the program shall be rigorously tested and peer-
        reviewed by experts in the relevant fields.
            ``(4) Credit.--The Secretary and the Secretary of Defense 
        shall--
                    ``(A) take into account continuing professional 
                education requirements of public health and healthcare 
                professions; and
                    ``(B) cooperate with State, local, and tribal 
                accrediting agencies and with professional associations 
                in arranging for students enrolled in the program to 
                obtain continuing professional education credit for 
                program courses.
            ``(5) Dissemination and training.--
                    ``(A) In general.--The Secretary may provide for 
                the dissemination and teaching of the materials 
                described in paragraphs (1) and (2) by appropriate 
                means, as determined by the Secretary.
                    ``(B) Certain entities.--The education and training 
                activities described in subparagraph (A) may be carried 
                out by Federal public health or medical entities, 
                appropriate educational entities, professional 
                organizations and societies, private accrediting 
                organizations, and other nonprofit institutions or 
                entities meeting criteria established by the Secretary.
                    ``(C) Grants and contracts.--In carrying out this 
                subsection, the Secretary may carry out activities 
                directly or through the award of grants and contracts, 
                and may enter into interagency agreements with other 
                Federal agencies.'';
            (2) by striking subsections (c) through (g) and inserting 
        the following:
    ``(c) Expansion of Epidemic Intelligence Service Program.--The 
Secretary may establish 20 officer positions in the Epidemic 
Intelligence Service Program, in addition to the number of the officer 
positions offered under such Program in 2006, for individuals who agree 
to participate, for a period of not less than 2 years, in the Career 
Epidemiology Field Officer program in a State, local, or tribal health 
department that serves a health professional shortage area (as defined 
under section 332(a)), a medically underserved population (as defined 
under section 330(b)(3)), or a medically underserved area or area at 
high risk of a public health emergency as designated by the Secretary.
    ``(d) Centers for Public Health Preparedness; Core Curricula and 
Training.--
            ``(1) In general.--The Secretary may establish at 
        accredited schools of public health, Centers for Public Health 
        Preparedness (hereafter referred to in this section as the 
        `Centers').
            ``(2) Eligibility.--To be eligible to receive an award 
        under this subsection to establish a Center, an accredited 
        school of public health shall agree to conduct activities 
        consistent with the requirements of this subsection.
            ``(3) Core curricula.--The Secretary, in collaboration with 
        the Centers and other public or private entities shall 
        establish core curricula based on established competencies 
        leading to a 4-year bachelor's degree, a graduate degree, a 
        combined bachelor and master's degree, or a certificate 
        program, for use by each Center. The Secretary shall 
        disseminate such curricula to other accredited schools of 
        public health and other health professions schools determined 
        appropriate by the Secretary, for voluntary use by such 
        schools.
            ``(4) Core competency-based training program.--The 
        Secretary, in collaboration with the Centers and other public 
        or private entities shall facilitate the development of a 
        competency-based training program to train public health 
        practitioners. The Centers shall use such training program to 
        train public health practitioners. The Secretary shall 
        disseminate such training program to other accredited schools 
        of public health, health professions schools, and other public 
        or private entities as determined by the Secretary, for 
        voluntary use by such entities.
            ``(5) Content of core curricula and training program.--The 
        Secretary shall ensure that the core curricula and training 
        program established pursuant to this subsection respond to the 
        needs of State, local, and tribal public health authorities and 
        integrate and emphasize essential public health security 
        capabilities consistent with section 2802(b)(2).
            ``(6) Academic-workforce communication.--As a condition of 
        receiving funding from the Secretary under this subsection, a 
        Center shall collaborate with a State, local, or tribal public 
        health department to--
                    ``(A) define the public health preparedness and 
                response needs of the community involved;
                    ``(B) assess the extent to which such needs are 
                fulfilled by existing preparedness and response 
                activities of such school or health department, and how 
                such activities may be improved;
                    ``(C) prior to developing new materials or 
                trainings, evaluate and utilize relevant materials and 
                trainings developed by others Centers; and
                    ``(D) evaluate community impact and the 
                effectiveness of any newly developed materials or 
                trainings.
            ``(7) Public health systems research.--In consultation with 
        relevant public and private entities, the Secretary shall 
        define the existing knowledge base for public health 
        preparedness and response systems, and establish a research 
        agenda based on Federal, State, local, and tribal public health 
        preparedness priorities. As a condition of receiving funding 
        from the Secretary under this subsection, a Center shall 
        conduct public health systems research that is consistent with 
        the agenda described under this paragraph.'';
            (3) by redesignating subsection (h) as subsection (e);
            (4) by inserting after subsection (e) (as so redesignated), 
        the following:
    ``(f) Authorization of Appropriations.--
            ``(1) Fiscal year 2007.--There are authorized to be 
        appropriated to carry out this section for fiscal year 2007--
                    ``(A) to carry out subsection (a)--
                            ``(i) $5,000,000 to carry out paragraphs 
                        (1) through (4); and
                            ``(ii) $7,000,000 to carry out paragraph 
                        (5);
                    ``(B) to carry out subsection (c), $3,000,000; and
                    ``(C) to carry out subsection (d), $31,000,000, of 
                which $5,000,000 shall be used to carry out paragraphs 
                (3) through (5) of such subsection.
            ``(2) Subsequent fiscal years.--There are authorized to be 
        appropriated such sums as may be necessary to carry out this 
        section for fiscal year 2008 and each subsequent fiscal 
        year.''; and
            (5) by striking subsections (i) and (j).

SEC. 305. PARTNERSHIPS FOR STATE AND REGIONAL HOSPITAL PREPAREDNESS TO 
              IMPROVE SURGE CAPACITY.

    Section 319C-2 of the Public Health Service Act (42 U.S.C. 247d-3b) 
is amended to read as follows:

``SEC. 319C-2. PARTNERSHIPS FOR STATE AND REGIONAL HOSPITAL 
              PREPAREDNESS TO IMPROVE SURGE CAPACITY.

    ``(a) In General.--The Secretary shall award competitive grants or 
cooperative agreements to eligible entities to enable such entities to 
improve surge capacity and enhance community and hospital preparedness 
for public health emergencies.
    ``(b) Eligibility.--To be eligible for an award under subsection 
(a), an entity shall--
            ``(1)(A) be a partnership consisting of--
                    ``(i) one or more hospitals, at least one of which 
                shall be a designated trauma center, consistent with 
                section 1213(c);
                    ``(ii) one or more other local health care 
                facilities, including clinics, health centers, primary 
                care facilities, mental health centers, mobile medical 
                assets, or nursing homes; and
                    ``(iii)(I) one or more political subdivisions;
                    ``(II) one or more States; or
                    ``(III) one or more States and one or more 
                political subdivisions; and
            ``(B) prepare, in consultation with the Chief Executive 
        Officer and the lead health officials of the State, District, 
        or territory in which the hospital and health care facilities 
        described in subparagraph (A) are located, and submit to the 
        Secretary, an application at such time, in such manner, and 
        containing such information as the Secretary may require; or
            ``(2)(A) be an entity described in section 319C-1(b)(1); 
        and
            ``(B) submit an application at such time, in such manner, 
        and containing such information as the Secretary may require, 
        including the information or assurances required under section 
        319C-1(b)(2) and an assurance that the State will retain not 
        more than 25 percent of the funds awarded for administrative 
        and other support functions.
    ``(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).
    ``(d) Preferences.--
            ``(1) Regional coordination.--In making awards under 
        subsection (a), the Secretary shall give preference to eligible 
        entities that submit applications that, in the determination of 
        the Secretary--
                    ``(A) will enhance coordination--
                            ``(i) among the entities described in 
                        subsection (b)(1)(A)(i); and
                            ``(ii) between such entities and the 
                        entities described in subsection (b)(1)(A)(ii); 
                        and
                    ``(B) include, in the partnership described in 
                subsection (b)(1)(A), a significant percentage of the 
                hospitals and health care facilities within the 
                geographic area served by such partnership.
            ``(2) Other preferences.--In making awards under subsection 
        (a), the Secretary shall give preference to eligible entities 
        that, in the determination of the Secretary--
                    ``(A) include one or more hospitals that are 
                participants in the National Disaster Medical System;
                    ``(B) are located in a geographic area that faces a 
                high degree of risk, as determined by the Secretary in 
                consultation with the Secretary of Homeland Security; 
                or
                    ``(C) have a significant need for funds to achieve 
                the medical preparedness goals described in section 
                2802(b)(3).
    ``(e) Consistency of Planned Activities.--The Secretary may not 
award a cooperative agreement to an eligible entity described in 
subsection (b)(1) unless the application submitted by the entity is 
coordinated and consistent with an applicable State All-Hazards Public 
Health Emergency Preparedness and Response Plan and relevant local 
plans, as determined by the Secretary in consultation with relevant 
State health officials.
    ``(f) Limitation on Awards.--A political subdivision shall not 
participate in more than one partnership described in subsection 
(b)(1).
    ``(g) Coordination With 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 Cities Readiness Initiative, and local emergency 
plans.
    ``(h) Maintenance of Funding.--
            ``(1) In general.--An entity that receives an award under 
        this section shall maintain expenditures for health care 
        preparedness at a level that is not less than the average level 
        of such expenditures maintained by the entity for the preceding 
        2 year period.
            ``(2) Rule of construction.--Nothing in this section shall 
        be construed to prohibit the use of awards under this section 
        to pay salary and related expenses of public health and other 
        professionals employed by State, local, or tribal agencies who 
        are carrying out activities supported by such awards 
        (regardless of whether the primary assignment of such personnel 
        is to carry out such activities).
    ``(i) Performance and Accountability.--The requirements of section 
319C-1(g) and (i) shall apply to entities receiving awards under this 
section (regardless of whether such entities are described under 
subsection (b)(1)(A) or (b)(2)(A)) in the same manner as such 
requirements apply to entities under section 319C-1. An entity 
described in subsection (b)(1)(A) shall make such reports available to 
the lead health official of the State in which such partnership is 
located.
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--For the purpose of carrying out this 
        section, there is authorized to be appropriated $474,000,000 
        for fiscal year 2007, and such sums as may be necessary for 
        each of fiscal years 2008 through 2011.
            ``(2) Reservation of amounts for partnerships.--Prior to 
        making awards described in paragraph (3), the Secretary may 
        reserve from the amount appropriated under paragraph (1) for a 
        fiscal year, an amount determined appropriate by the Secretary 
        for making awards to entities described in subsection 
        (b)(1)(A).
            ``(3) Awards to states and political subdivisions.--
                    ``(A) In general.--From amounts appropriated for a 
                fiscal year under paragraph (1) and not reserved under 
                paragraph (2), the Secretary shall make awards to 
                entities described in subsection (b)(2)(A) that have 
                completed an application as described in subsection 
                (b)(2)(B).
                    ``(B) Amount.--The Secretary shall determine the 
                amount of an award to each entity described in 
                subparagraph (A) in the same manner as such amounts are 
                determined under section 319C-1(h).''.

SEC. 306. ENHANCING THE ROLE OF THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 8117 of title 38, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by--
                            (i) striking ``chemical or biological 
                        attack'' and inserting ``a public health 
                        emergency (as defined in section 2801 of the 
                        Public Health Service Act)'';
                            (ii) striking ``an attack'' and inserting 
                        ``such an emergency''; and
                            (iii) striking ``public health 
                        emergencies'' and inserting ``such 
                        emergencies''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``; 
                        and'' and inserting a semicolon;
                            (ii) in subparagraph (B), by striking the 
                        period and inserting a semicolon; and
                            (iii) by adding at the end the following:
                    ``(C) organizing, training, and equipping the staff 
                of such centers to support the activities carried out 
                by the Secretary of Health and Human Services under 
                section 2801 of the Public Health Service Act in the 
                event of a public health emergency and incidents 
                covered by the National Response Plan developed 
                pursuant to section 502(6) of the Homeland Security Act 
                of 2002, or any successor plan; and
                    ``(D) providing medical logistical support to the 
                National Disaster Medical System and the Secretary of 
                Health and Human Services as necessary, on a 
                reimbursable basis, and in coordination with other 
                designated Federal agencies.'';
            (2) in subsection (c), by striking ``a chemical or 
        biological attack or other terrorist attack.'' and inserting 
        ``a public health emergency. The Secretary shall, through 
        existing medical procurement contracts, and on a reimbursable 
        basis, make available as necessary, medical supplies, 
        equipment, and pharmaceuticals in response to a public health 
        emergency in support of the Secretary of Health and Human 
        Services.'';
            (3) in subsection (d), by--
                    (A) striking ``develop and'';
                    (B) striking ``biological, chemical, or 
                radiological attacks'' and inserting ``public health 
                emergencies''; and
                    (C) by inserting ``consistent with section 319F(a) 
                of the Public Health Service Act'' before the period; 
                and
            (4) in subsection (e)--
                    (A) in paragraph (1), by striking ``2811(b)'' and 
                inserting ``2812''; and
                    (B) in paragraph (2)--
                            (i) by striking ``bioterrorism and other''; 
                        and
                            (ii) by striking ``319F(a)'' and inserting 
                        ``319F''.
    (b) Authorization of Appropriations.--Section 8117 of title 38, 
United States Code, is amended by adding at the end the following:
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated, such sums as may be necessary to carry out this section 
for each of fiscal years 2007 through 2011.''.
                                                       Calendar No. 583

109th CONGRESS

  2d Session

                                S. 3678

                          [Report No. 109-319]

_______________________________________________________________________

                                 A BILL

 To amend the Public Health Service Act with respect to public health 
   security and all-hazards preparedness and response, and for other 
                               purposes.

_______________________________________________________________________

                             August 3, 2006

                       Reported with an amendment
```