,,ii #aafth ,,congress #b;d ,session ,s4 #ccji ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ac1 #bjbj,mr4 ,cassidy 7for himself1 ,mr4 ,schatz1 ,mr4 ,rubio1 ,mr4 ,durbin1 ,ms4 ,smith1 and ,mr4 ,king7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to provide for a ,public ,health ,emergency ,fund1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,public ,health ,emergency ,response and ,accountability ,act4 #b4 ,public health emergencies 7a7 ,in general ,section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 is amended-- 7#a7 in subsection 7a71 by striking after consultation and inserting in consultation with the ,assistant ,secretary for ,preparedness and ,response and2 7#b7 by redesignating subsections 7b7 through 7f7 as subsections 7c7 through 7g71 respectively2 7#c7 by inserting after subsection 7a71 the following3 7b7 ,reporting requirements 7#a7 ,in general ,upon the determination of a public health emergency under subsection 7a7 that is an infectious disease outbreak1 a bioterrorist attack1 or a disaster1 the ,secretary shall request the ,assistant ,secretary for ,preparedness and ,response to convene a group of ,federal public health and other ,federal officials that shall prepare monthly reports related to such emergency for the period described in paragraph 7#c7 and submit such reports to ,congress4 7#b7 ,contents ,the reports prepared under paragraph 7#a7 shall include-- 7,a7 in the first monthly report1 the proposed budget of the response to the emergency1 and1 in each subsequent report1 updates to such budget2 7,b7 a description of how the ,secretary plans to use best practices and lessons learned from previous public health emergency responses2 7,c7 a description of how collaboration among public health agencies and departments will be achieved1 strategies for public communication1 and acquisition and distribution of supplies2 7,d7 an identification of additional authorities needed1 if any1 to respond to the emergency2 and 7,e7 in the first monthly report1 the justification for triggering the public health emergency response4 7#c7 ,period ,the period described in this paragraph is the period beginning not later than #cj days after the determination of a public health emergency under subsection 7a7 that is an infectious disease outbreak1 a bioterrorist attack1 or a disaster1 and ending #cj days after the determination of such emergency terminates in accordance with such subsection4 2 and 7#d7 in subsection 7c7 7as so redesignated7-- 7,a7 in paragraph 7#c71 by striking ,committee on ,commerce and inserting ,committee on ,energy and ,commerce2 and 7,b7 by adding at the end the following3 7#f7 ,funding 7,a7 ,definitions ,in this paragraph3 7i7 ,public health emergency relief ,the term public health emergency relief means the expenditures to address a public health emergency determined under subsection 7a7 that is an infectious disease outbreak1 a bioterrorist attack1 or a disaster from-- 7,i7 amounts made available by emergency supplemental appropriations to appropriations accounts of the ,department of ,health and ,human ,services to address a public health emergency that is an infectious disease outbreak1 a bioterrorist attack1 or a disaster 7excluding funds transferred to the ,department from the appropriations account for the ,federal ,emergency ,management ,agency1 ,disaster ,relief ,fund or pursuant to the ,oil ,pollution ,act of #aiij72 and 7,,ii7 any amounts expended from the ,public ,health ,emergency ,fund under this subsection4 7ii7 ,target amount ,the term target amount means the amount that is the rolling annual average of expenditures for public health emergency relief over the full #ad fiscal years immediately preceding the fiscal year for which the determination of a public health emergency is made under subsection 7a7 that is an infectious disease outbreak1 a bioterrorist attack1 or a disaster1 excluding the highest and lowest years4 7,b7 ,appropriations 7i7 ,in general ,subject to clause 7iv71 upon the determination of each public health emergency under subsection 7a7 that is an infectious disease outbreak1 a bioterrorist attack1 or a disaster1 there is appropriated to the ,public ,health ,emergency ,fund1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year of the determination1 an amount determined under subparagraph 7,c71 to remain available until expended1 which may be used in accordance with subparagraph 7,d74 7ii7 ,reporting ,the reporting requirements contained in subsection 7b7 shall apply with respect to amounts appropriated under clause 7i74 7iii7 ,emergency designations 7,i7 ,in general ,amounts appropriated under clause 7i7 are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7,,ii7 ,designation in the ,senate ,in the ,senate1 amounts appropriated under clause 7i7 are designated as an emergency requirement pursuant to section #djc7;a7 of ,s4 ,con4 ,res4 #ac 7#aaath ,congress71 the concurrent resolution on the budget for fiscal year #bjaj4 7iv7 ,limitation ,clause 7i7 shall not apply if the amount available for expenditure in the ,public ,health ,emergency ,fund1 as of the date of the determination as a public health emergency under subsection 7a7 that is an infectious disease outbreak1 a bioterrorist attack1 or a disaster1 is equal to or greater than the target amount4 7,c7 ,formula 7i7 ,in general ,subject to clause 7ii71 the amount determined under this subparagraph shall be equal to the difference between the target amount and the amount available for expenditure in the ,public ,health ,emergency ,fund1 as of the date of the determination of the public health emergency under subsection 7a74 7ii7 ,report by ,,omb ,not later than #cj days after the date of enactment of this paragraph1 the ,director of the ,office of ,management and ,budget shall submit to the ,committee on ,appropriations and the ,committee on the ,budget of the ,senate and the ,committee on ,appropriations and the ,committee on the ,budget of the ,house of ,representatives1 a report on the rolling average calculated for purposes of determining the target amount4 7,d7 ,use of funds 7i7 ,in general ,amounts appropriated to the ,public ,health ,emergency ,fund under subparagraph 7,b7 shall be used by the ,secretary in accordance with the proposed budget described in subsection 7b77#b7 for any public health emergency determined under subsection 7a7 that is an infectious disease outbreak1 a bioterrorist attack1 or a disaster that has not terminated under such subsection4 ,such funds shall be used-- 7,i7 to provide assistance for immediate ,federal1 ,state1 local1 or international response needs with respect to any public health emergency determined under subsection 7a7 that is an infectious disease outbreak1 a bioterrorist attack1 or a disaster2 and 7,,ii7 for activities determined appropriate by the ,secretary to improve preparedness and response to protect human health for all populations in any public health emergency determined under subsection 7a7 that is an infectious disease outbreak1 a bioterrorist attack1 or a disaster4 7ii7 ,availability ,amounts appropriated to the ,public ,health ,emergency ,fund under subparagraph 7,b7 shall remain available for the uses described in this subparagraph so long as any public health emergency is determined under subsection 7a7 that is an infectious disease outbreak1 a bioterrorist attack1 or a disaster1 and the determination for any such emergency has not terminated under such subsection4 7iii7 ,authority ,in expending funds appropriated under subparagraph 7,b7 and carrying out activities under this subparagraph1 the ,secretary shall have the authority to-- 7,i7 transfer funds and enter into contracts2 7,,ii7 utilize flexible hiring mechanisms1 including direct hiring authority and personal service contracts2 exemptions from certain administrative restrictions 7such as travel1 information technology1 printing and supplies72 motor vehicle authority2 and flexible compensation for responders1 including overtime and danger pay2 and 7,,iii7 utilize flexible transaction mechanisms4 4 7b7 ,exemption of the ,public ,health ,emergency ,fund from sequestration 7#a7 ,in general ,section #bee7;g77#a77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe is amended by inserting ,public ,health ,emergency ,fund 7#jji-ia-iiac74 after the item relating to ,postal ,service ,fund 7#ah-djbj-j-c-cgb744 7#b7 ,application ,the amendment made by paragraph 7#a7 shall apply to any sequestration order issued under such ,act on or after the date of enactment of this section4 7c7 ,,gao reports 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states1 in consultation with relevant ,federal1 ,state1 and local government entities1 shall prepare and submit to the appropriate committees of ,congress1 a report-- 7,a7 reviewing the capacity of the ,united ,states public health system1 including the public health workforce1 to respond effectively to infectious disease outbreaks2 7,b7 identifying areas of potential improvement in coordination between ,federal1 ,state1 and local government entities to respond more effectively to infectious disease outbreaks2 7,c7 making recommendations on how to provide or allocate most effectively resources for public health emergency response1 specifically considering how to utilize most effectively the emergency fund established under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 and 7,d7 containing an audit of how funds for public health emergencies have been expended within the #b years preceding the date of the report4 7#b7 ,post-emergency report 7,a7 ,in general ,not later than #f months after the termination of a determination of a public health emergency under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 that is an infectious disease outbreak1 a bioterrorist attack1 or a disaster1 the ,comptroller ,general of the ,united ,states shall review response efforts by ,federal1 ,state1 and local government entities1 as well as any other relevant entities engaged in response efforts1 and submit a report to the appropriate committees of ,congress to determine-- 7i7 the compliance of such efforts with best practices identified in the report under paragraph 7#a72 7ii7 the effectiveness of such best practices2 7iii7 the cost of such efforts2 7iv7 the areas of potential continued improvement in coordination between ,federal1 ,state1 and local government entities to respond more effectively to infectious disease outbreaks2 and 7v7 how to incorporate additional best practices which may be incorporated in future response efforts4 7,b7 ,audit ,the report under subparagraph 7,a7 shall include an audit indicating how funds used for public health emergencies determined under section #cai of the ,public ,health ,service ,act have been expended during the #b years preceding the submission of the report under such subparagraph4 #c4 ,applicability ,nothing in this ,act1 or an amendment made by this ,act1 shall affect the applicability of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 or the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgja et seq47 in the case of a public health emergency4