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Code · BILL · 115th Congress · H.R. 7328 (Engrossed in House) — To reauthorize certain programs under the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act with... · Sec. 301

Sec. 301. Strengthening and assessing the emergency response workforce

1,260 words·~6 min read·/bill/115/hr/7328/eh/section-301

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Clause
(ii)of section 2812(a)(3)(A) ( 42 U.S.C. 300hh–11(a)(3)(A) ) is amended to read as follows: be present at locations, and for limited periods of time, specified by the Secretary on the basis that the Secretary has determined that a location is at risk of a public health emergency during the time specified, or there is a significant potential for a public health emergency. . Section 2812(b)(2) ( 42 U.S.C. 300hh–11(b)(2) ) is amended to read as follows: Not later than 180 days after the date of enactment of the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2018 , 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 in section 2803(a); an assessment of the available workforce of the intermittent disaster response personnel described in subsection (c); the capacity of the workforce described in clause
(ii)to respond to all hazards, including capacity to simultaneously respond to multiple public health emergencies and the capacity to respond to a nationwide public health emergency; the effectiveness of efforts to recruit, retain, and train such workforce; and gaps that may exist in such workforce and recommendations for addressing such gaps. As part of the National Health Security Strategy under section 2802, the Secretary shall update the findings from the review under subparagraph
(A)and provide recommendations to modify the policies of the National Disaster Medical System as necessary. . Section 2812(c) ( 42 U.S.C. 300hh–11(c) ) is amended by adding at the end the following: Not later than 30 days after the date on which the Secretary determines the number of intermittent disaster-response personnel of the National Disaster Medical System is insufficient to address a public health emergency or potential public health emergency, the Secretary shall submit to the congressional committees of jurisdiction a notification detailing— the impact such shortage could have on meeting public health needs and emergency medical personnel needs during a public health emergency; and any identified measures to address such shortage. If the Secretary determines that the number of intermittent disaster response personnel within the National Disaster Medical System under this section is insufficient to address a public health emergency or potential public health emergency, the Secretary may appoint candidates directly to personnel positions for intermittent disaster response within such system. The Secretary shall provide updates on the number of vacant or unfilled positions within such system to the congressional committees of jurisdiction each quarter for which this authority is in effect. The authority under this paragraph shall expire on September 30, 2021. . Section 2812(g) ( 42 U.S.C. 300hh–11(g) ) is amended by striking $52,700,000 for each of fiscal years 2014 through 2018 and inserting $57,400,000 for each of fiscal years 2019 through 2023 . Section 2813(a) ( 42 U.S.C. 42 U.S.C. 300hh–15(a)) is amended by striking the second sentence and inserting The Secretary may appoint a Director to head the Corps and oversee the activities of the Corps chapters that exist at the State, local, tribal, and territorial levels. . Section 2813(i) ( 42 U.S.C. 300hh–15(i) ) is amended by striking 2014 through 2018 and inserting 2019 through 2023 . Section 317F (42 U.S.C. Sec. 247b–7) is amended— in subsection (a)— in paragraph (1)— by inserting or preparedness and response activities, including rapid response to public health emergencies and significant public health threats after conduct prevention activities ; and by striking $35,000 and inserting $50,000 ; and in paragraph (2)(B), by striking 3 years and inserting 2 years ; and in subsection (c)— by striking For the purpose of carrying out this section and inserting the following: For the purpose of carrying out this section, except as described in paragraph
(2); and by adding at the end the following: For purposes of carrying out this section with respect to qualified health professionals serving in the Epidemic Intelligence Service, as authorized under section 317G, there are authorized to be appropriated $1,000,000 for each of fiscal years 2019 through 2023. . Section 2812(c) ( 42 U.S.C. 300hh–11(c) ), as amended by subsection (a)(3), is further amended by adding at the end the following: Individuals appointed to serve under this subsection shall be considered eligible for benefits under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968. The Secretary shall provide notification to any eligible individual of any effect such designation may have on other benefits for which such individual is eligible, including benefits from private entities. . Section 1204(9) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284(9) ) is amended— in subparagraph (C)(ii), by striking or at the end; in subparagraph (D), by striking the period and inserting ; or ; and by inserting after subparagraph
(D)the following: an individual appointed to the National Disaster Medical System under section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ) who is performing official duties of the Department of Health and Human Services, if those official duties are— related to responding to a public health emergency or potential public health emergency, or other activities for which the Secretary of Health and Human Services has activated such National Disaster Medical System; and determined by the Secretary of Health and Human Services to be hazardous. . The amendments made by paragraphs
(1)and
(2)shall cease to have force or effect on October 1, 2021. Not later than one year after the date of enactment of this section, the Comptroller General of the United States (referred to in this subsection as the Comptroller General ) shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report on the medical surge capacity of the United States in the event of a public health emergency, including the capacity and capability of the current health care workforce to prepare for, and respond to the full range of public health emergencies or potential public health emergencies, and recommendations to address any gaps identified in such workforce. The Comptroller General shall include in the report under paragraph (1)— the number of health care providers who have volunteered to provide health care services during a public health emergency, including members of the National Disaster Medical System, the Disaster Medical Assistant Teams, the Medical Reserve Corps, and other volunteer health care professionals in the verification network pursuant to section 319I of the Public Health Service Act ( 42 U.S.C. 247d–7b ); the capacity of the workforce described in subparagraph
(A)to respond to a public health emergency or potential public health emergency, including the capacity to respond to multiple concurrent public health emergencies and the capacity to respond to a nationwide public health emergency; the preparedness and response capabilities and mission readiness of the workforce described in subparagraph
(A)taking into account areas of health care expertise and considerations for at-risk individuals (as defined in section 2802(b)(4)(B) of the Public Health Service Act ( 42 U.S.C. 300hh–1(b)(4)(B) )); an assessment of the effectiveness of efforts to recruit, retain, and train such workforce; and identification of gaps that may exist in such workforce and recommendations for addressing such gaps, the extent to which the Assistant Secretary for Preparedness and Response plans to address such gaps, and any recommendations from the Comptroller General to address such gaps.
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  • 42 USC 300hh–11(a)(3)(A)
  • 42 USC 300hh–11(b)(2)
  • 42 USC 300hh–11(c)
  • 42 USC 300hh–11(g)
  • 42 USC 42
  • 42 USC 300hh–15(i)
  • 42 USC 247b–7
  • 42 USC 300hh–11
  • 42 USC 247d–7b
  • 42 USC 300hh–1(b)(4)(B)
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cites case law
Sec. 301
Strengthening and assessing the emergency response workforce
Cite42 USC 300hh–11(a)(3)(A)
Cite42 USC 300hh–11(b)(2)
Cite42 USC 300hh–11(c)
Cite42 USC 300hh–11(g)
Cite42 USC 42
Cites 11 · showing 6Cited by 0 across 0 sources
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