[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1650 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1650

 To amend the Public Health Service Act to change provisions regarding 
                              emergencies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2001

  Mr. Cleland introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Public Health Service Act to change provisions regarding 
                              emergencies.

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

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Public Health Emergencies 
Accountability Act''.

SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by striking section 319 and inserting the 
following:

``SEC. 319. PUBLIC HEALTH EMERGENCIES.

    ``(a) Emergencies.--If the Secretary determines, after consultation 
with the Director of the Centers for Disease Control and Prevention and 
other public health officials as may be necessary, that--
            ``(1) a disease or disorder presents a public health 
        emergency; or
            ``(2) a detected or suspected public health emergency, 
        including significant outbreaks of infectious diseases or 
        terrorist attacks involving biological, chemical, or 
        radiological weapons, otherwise exists,
the Secretary may take such action as may be appropriate to respond to 
the public health emergency, including making grants and entering into 
contracts and, acting through the Centers for Disease Control and 
Prevention, conducting and supporting investigations into cause, 
treatment, or prevention of a disease or disorder as described in 
paragraphs (1) and (2), directing the response of other Federal 
departments and agencies with respect to the safety of the general 
public and Federal employees and facilities, and disseminating 
necessary information to assist States, localities, and the general 
public in responding to a disease or disorder as described in 
paragraphs (1) and (2).
    ``(b) Determination.--A determination of an emergency by the 
Secretary under subsection (a) shall supersede all other provisions of 
law with respect to actions and responsibilities of the Federal 
Government, but in all such cases the Secretary shall keep the relevant 
Federal departments and agencies, including but not limited to the 
Department of Justice, the Federal Bureau of Investigation, the Office 
of Homeland Security, and the committees of Congress listed in 
subsection (f), fully and currently informed.
    ``(c) Full Disclosure.--In cases involving, or potentially 
involving, a public health emergency, but where no determination of an 
emergency by the Secretary, under the provisions of subsection (a), has 
been made, all relevant Federal departments and agencies, including but 
not limited to the Department of Justice, the Federal Bureau of 
Investigation, the Office of Homeland Security, shall keep the 
Secretary and the Centers for Disease Control and Prevention and the 
committees of Congress listed in subsection (f), fully and currently 
informed.
    ``(d) Public Health Emergency Fund.--
            ``(1) In general.--There is established in the Treasury a 
        fund to be designated as the ``Public Health Emergency Fund'' 
        to be made available to the Secretary without fiscal year 
        limitation to carry out subsection (a) only if a public health 
        emergency has been declared by the Secretary under such 
        subsection. There is authorized to be appropriated to the Fund 
        such sums as may be necessary.
            ``(2) Report.--Not later than 90 days after the end of each 
        fiscal year, the Secretary shall prepare and submit to the 
        Committee on Health, Education, Labor, and Pensions and the 
        Committee on Appropriations of the Senate and the Committee on 
        Commerce and the Committee on Appropriations of the House of 
        Representatives a report describing--
                    ``(A) the expenditures made from the Public Health 
                Emergency Fund in such fiscal year; and
                    ``(B) each public health emergency for which the 
                expenditures were made and the activities undertaken 
                with respect to each emergency which was conducted or 
                supported by expenditures from the Fund.
    ``(e) Supplement Not Supplant.--Funds appropriated under this 
section shall be used to supplement and not supplant other Federal, 
State, and local public funds provided for activities under this 
section.
    ``(f) Emergency Declaration Period.--A determination by the 
Secretary under subsection (a) that a public health emergency exists 
shall remain in effect for a time period specified by the Secretary but 
not longer than the 180-day period beginning on the date of the 
determination. Such period may be extended by the Secretary if the 
Secretary determines that such an extension is appropriate and notifies 
the Committee on Health, Education, Labor, and Pensions of the Senate 
and the Committee on Appropriations of the Senate and the Committee on 
Commerce of the House of Representatives and the Committee on 
Appropriations of the House of Representatives.''.
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