Home > 106th Congressional Bills > H.R. 2498 (ih) To amend the Public Health Service Act to provide for recommendations [Introduced in House] ...

H.R. 2498 (ih) To amend the Public Health Service Act to provide for recommendations [Introduced in House] ...


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        H.R.2498

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
To amend the Public Health Service Act to provide for recommendations of 
 the Secretary of Health and Human Services regarding the placement of 
   automatic external defibrillators in Federal buildings in order to 
 improve survival rates of individuals who experience cardiac arrest in 
   such buildings, and to establish protections from civil liability 
             arising from the emergency use of the devices.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Public Health 
Improvement Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:
Sec. 1. Short title; table of contents.

               TITLE I--EMERGING THREATS TO PUBLIC HEALTH

Sec. 101. Short title.
Sec. 102. Amendments to the Public Health Service Act.

                 TITLE II--CLINICAL RESEARCH ENHANCEMENT

Sec. 201. Short title.
Sec. 202. Findings and purpose.
Sec. 203. Increasing the involvement of the National Institutes of 
          Health in clinical research.
Sec. 204. General clinical research centers.
Sec. 205. Loan repayment program regarding clinical researchers.
Sec. 206. Definition.
Sec. 207. Oversight by General Accounting Office.

              TITLE III--RESEARCH LABORATORY INFRASTRUCTURE

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Biomedical and behavioral research facilities.
Sec. 304. Construction program for National Primate Research Centers.
Sec. 305. Shared instrumentation grant program.

                    TITLE IV--CARDIAC ARREST SURVIVAL

            Subtitle A--Recommendations for Federal Buildings

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Recommendations and guidelines of Secretary of Health and 
          Human Services regarding automated external defibrillators for 
          Federal buildings.
Sec. 404. Good samaritan protections regarding emergency use of 
          automated external defibrillators.

              Subtitle B--Rural Access to Emergency Devices

Sec. 411. Short title.
Sec. 412. Findings.
Sec. 413. Grants.

                    TITLE V--LUPUS RESEARCH AND CARE

Sec. 501. Short title.
Sec. 502. Findings.

                      Subtitle A--Research on Lupus

Sec. 511. Expansion and intensification of activities.

            Subtitle B--Delivery of Services Regarding Lupus

Sec. 521. Establishment of program of grants.
Sec. 522. Certain requirements.
Sec. 523. Technical assistance.
Sec. 524. Definitions.
Sec. 525. Authorization of appropriations.

            TITLE VI--PROSTATE CANCER RESEARCH AND PREVENTION

Sec. 601. Short title.
Sec. 602. Amendments to the Public Health Service Act.

                TITLE VII--ORGAN PROCUREMENT AND DONATION

Sec. 701. Organ procurement organization certification.
Sec. 702. Designation of Give Thanks, Give Life Day.

         TITLE VIII--ALZHEIMER'S CLINICAL RESEARCH AND TRAINING

Sec. 801. Alzheimer's clinical research and training awards.

  TITLE IX--SEXUALLY TRANSMITTED DISEASE CLINICAL RESEARCH AND TRAINING

Sec. 901. Sexually transmitted disease clinical research and training 
          awards.

                    TITLE X--MISCELLANEOUS PROVISION

Sec. 1001. Technical correction to the Children's Health Act of 2000.

               TITLE I--EMERGING THREATS TO PUBLIC HEALTH

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Public Health Threats and 
Emergencies Act''.

SEC. 102. AMENDMENTS 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 such public health officials as may be necessary, that--
        ``(1) a disease or disorder presents a public health emergency; 
    or
        ``(2) a public health emergency, including significant 
    outbreaks of infectious diseases or bioterrorist attacks, 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 conducting and supporting investigations into the cause, 
treatment, or prevention of a disease or disorder as described in 
paragraphs (1) and (2).
    ``(b) 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.
    ``(c) 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.

``SEC. 319A. NATIONAL NEEDS TO COMBAT THREATS TO PUBLIC HEALTH.

    ``(a) Capacities.--
        ``(1) In general.--Not later than 1 year after the date of the 
    enactment of this section, the Secretary, and such Administrators, 
    Directors, or Commissioners, as may be appropriate, and in 
    collaboration with State and local health officials, shall 
    establish reasonable capacities that are appropriate for national, 
    State, and local public health systems and the personnel or work 
    forces of such systems. Such capacities shall be revised every 10 
    years, or more frequently as the Secretary determines to be 
    necessary.
        ``(2) Basis.--The capacities established under paragraph (1) 
    shall improve, enhance or expand the capacity of national, State 
    and local public health agencies to detect and respond effectively 
    to significant public health threats, including major outbreaks of 
    infectious disease, pathogens resistant to antimicrobial agents and 
    acts of bioterrorism. Such capacities may include the capacity to--
            ``(A) recognize the clinical signs and epidemiological 
        characteristic of significant outbreaks of infectious disease;
            ``(B) identify disease-causing pathogens rapidly and 
        accurately;
            ``(C) develop and implement plans to provide medical care 
        for persons infected with disease-causing agents and to provide 
        preventive care as needed for individuals likely to be exposed 
        to disease-causing agents;
            ``(D) communicate information relevant to significant 
        public health threats rapidly to local, State and national 
        health agencies, and health care providers; or
            ``(E) develop or implement policies to prevent the spread 
        of infectious disease or antimicrobial resistance.
    ``(b) 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.
    ``(c) Technical Assistance.--The Secretary shall provide technical 
assistance to the States to assist such States in fulfilling the 
requirements of this section.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $4,000,000 for fiscal year 2001, 
and such sums as may be necessary for each subsequent fiscal year 
through 2006.

``SEC. 319B. ASSESSMENT OF PUBLIC HEALTH NEEDS.

    ``(a) Program Authorized.--Not later than 1 year after the date of 
the enactment of this section and every 10 years thereafter, the 
Secretary shall award grants to States, or consortia of two or more 
States or political subdivisions of States, to perform, in 
collaboration with local public health agencies, an evaluation to 
determine the extent to which the States or local public health 
agencies can achieve the capacities applicable to State and local 
public health agencies described in subsection (a) of section 319A. The 
Secretary shall provide technical assistance to States, or consortia of 
two or more States or political subdivisions of States, in addition to 
awarding such grants.
    ``(b) Procedure.--
        ``(1) In general.--A State, or a consortium of two or more 
    States or political subdivisions of States, may contract with an 
    outside entity to perform the evaluation described in subsection 
    (a).
        ``(2) Methods.--To the extent practicable, the evaluation 
    described in subsection (a) shall be completed by using methods, to 
    be developed by the Secretary in collaboration with State and local 
    health officials, that facilitate the comparison of evaluations 
    conducted by a State to those conducted by other States receiving 
    funds under this section.
    ``(c) Report.--Not later than 1 year after the date on which a 
State, or a consortium of two or more States or political subdivisions 
of States, receives a grant under this subsection, such State, or a 
consortium of two or more States or political subdivisions of States, 
shall prepare and submit to the Secretary a report describing the 
results of the evaluation described in subsection (a) with respect to 
such State, or consortia of two or more States or political 
subdivisions of States.
    ``(d) 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.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $45,000,000 for fiscal year 
2001, and such sums as may be necessary for each subsequent fiscal year 
through 2003.

``SEC. 319C. GRANTS TO IMPROVE STATE AND LOCAL PUBLIC HEALTH AGENCIES.

    ``(a) Program Authorized.--The Secretary shall award competitive 
grants to eligible entities to address core public health capacity 
needs using the capacities developed under section 319A, with a 
particular focus on building capacity to identify, detect, monitor, and 
respond to threats to the public health.
    ``(b) Eligible Entities.--A State or political subdivision of a 
State, or a consortium of two or more States or political subdivisions 
of States, that has completed an evaluation under section 319B(a), or 
an evaluation that is substantially equivalent as determined by the 
Secretary under section 319B(a), shall be eligible for grants under 
subsection (a).
    ``(c) Use of Funds.--An eligible entity that receives a grant under 
subsection (a), may use funds received under such grant to--
        ``(1) train public health personnel;
        ``(2) develop, enhance, coordinate, or improve participation in 
    an electronic network by which disease detection and public health 
    related information can be rapidly shared among national, regional, 
    State, and local public health agencies and health care providers;
        ``(3) develop a plan for responding to public health 
    emergencies, including significant outbreaks of infectious diseases 
    or bioterrorism attacks, which is coordinated with the capacities 
    of applicable national, State, and local health agencies and health 
    care providers; and
        ``(4) enhance laboratory capacity and facilities.
    ``(d) Report.--No later than January 1, 2005, 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 that describes the activities carried out 
under sections 319A, 319B, and 319C.
    ``(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) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000 for fiscal year 
2001, and such sums as may be necessary for each subsequent fiscal year 
through 2006.

``SEC. 319D. REVITALIZING THE CENTERS FOR DISEASE CONTROL AND 
              PREVENTION.

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