Index for HR3962: Affordable Health Care for America Act

To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.

Mr. Dingell (for himself, Mr. Rangel, Mr. Waxman, Mr. George Miller of California, Mr. Stark, Mr. Pallone, and Mr. Andrews) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Government Reform, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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

(a) In general.—The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by inserting after title XXX the following:

“(a) Deposits into trust.—There is established a Prevention and Wellness Trust. There are authorized to be appropriated to the Trust—

“(1) out of the general fund of the Treasury, amounts described in section 2002(b)(2)(A)(ii) of the Affordable Health Care for America Act for each fiscal year; and

“(2) in addition, out of any monies in the Public Health Investment Fund—

“(A) for fiscal year 2011, $2,400,000,000;

“(B) for fiscal year 2012, $2,845,000,000;

“(C) for fiscal year 2013, $3,100,000,000;

“(D) for fiscal year 2014, $3,455,000,000; and

“(E) for fiscal year 2015, $3,600,000,000.

“(b) Availability of funds.—Amounts in the Prevention and Wellness Trust shall be available, as provided in advance in appropriation Acts, for carrying out this title.

“(c) Allocation.—Of the amounts authorized to be appropriated in subsection (a)(2), there are authorized to be appropriated—

“(1) for carrying out subtitle C (Prevention Task Forces), $30,000,000 for each of fiscal years 2011 through 2015;

“(2) for carrying out subtitle D (Prevention and Wellness Research)—

“(A) for fiscal year 2011, $155,000,000;

“(B) for fiscal year 2012, $205,000,000;

“(C) for fiscal year 2013, $255,000,000;

“(D) for fiscal year 2014, $305,000,000; and

“(E) for fiscal year 2015, $355,000,000;

“(3) for carrying out subtitle E (Delivery of Community Preventive and Wellness Services)—

“(A) for fiscal year 2011, $1,065,000,000;

“(B) for fiscal year 2012, $1,260,000,000;

“(C) for fiscal year 2013, $1,365,000,000;

“(D) for fiscal year 2014, $1,570,000,000; and

“(E) for fiscal year 2015, $1,600,000,000;

“(4) for carrying out section 3161 (Core Public Health Infrastructure for State, Local, and Tribal Health Departments)—

“(A) for fiscal year 2011, $800,000,000;

“(B) for fiscal year 2012, $1,000,000,000;

“(C) for fiscal year 2013, $1,100,000,000;

“(D) for fiscal year 2014, $1,200,000,000; and

“(E) for fiscal year 2015, $1,265,000,000; and

“(5) for carrying out section 3162 (Core Public Health Infrastructure and Activities for CDC), $350,000,000 for each of fiscal years 2011 through 2015.

“(a) In general.—The Secretary shall submit to the Congress within one year after the date of the enactment of this section, and at least every 2 years thereafter, a national strategy that is designed to improve the Nation’s health through evidence-based clinical and community prevention and wellness activities (in this section referred to as ‘prevention and wellness activities’), including core public health infrastructure improvement activities.

“(b) Contents.—The strategy under subsection (a) shall include each of the following:

“(1) Identification of specific national goals and objectives in prevention and wellness activities that take into account appropriate public health measures and standards, including departmental measures and standards (including Healthy People and National Public Health Performance Standards).

“(2) Establishment of national priorities for prevention and wellness, taking into account unmet prevention and wellness needs.

“(3) Establishment of national priorities for research on prevention and wellness, taking into account unanswered research questions on prevention and wellness.

“(4) Identification of health disparities in prevention and wellness.

“(5) Review of prevention payment incentives, the prevention workforce, and prevention delivery system capacity.

“(6) A plan for addressing and implementing paragraphs (1) through (5).

“(c) Consultation.—In developing or revising the strategy under subsection (a), the Secretary shall consult with the following:

“(1) The heads of appropriate health agencies and offices in the Department, including the Office of the Surgeon General of the Public Health Service, the Office of Minority Health, the Office on Women’s Health, and the Substance Abuse and Mental Health Services Administration.

“(2) As appropriate, the heads of other Federal departments and agencies whose programs have a significant impact upon health (as determined by the Secretary).

“(3) As appropriate, nonprofit and for-profit entities.

“(4) The Association of State and Territorial Health Officials and the National Association of County and City Health Officials.

“(5) The Task Force on Community Preventive Services and the Task Force on Clinical Preventive Services.

“(a) In general.—The Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall establish a permanent task force to be known as the Task Force on Clinical Preventive Services (in this section referred to as the ‘Task Force’).

“(b) Responsibilities.—The Task Force shall—

“(1) identify clinical preventive services for review;

“(2) review the scientific evidence related to the benefits, effectiveness, appropriateness, and costs of clinical preventive services identified under paragraph (1) for the purpose of developing, updating, publishing, and disseminating evidence-based recommendations on the use of such services;

“(3) as appropriate, take into account health disparities in developing, updating, publishing, and disseminating evidence-based recommendations on the use of such services;

“(4) identify gaps in clinical preventive services research and evaluation and recommend priority areas for such research and evaluation;

“(5) pursuant to section 3143(c), determine whether subsidies and rewards meet the Task Force’s standards for a grade of A or B;

“(6) as appropriate, consult with the clinical prevention stakeholders board in accordance with subsection (f);

“(7) consult with the Task Force on Community Preventive Services established under section 3132; and

“(8) as appropriate, in carrying out this section, consider the national strategy under section 3121.

“(c) Role of agency.—The Secretary shall provide ongoing administrative, research, and technical support for the operations of the Task Force, including coordinating and supporting the dissemination of the recommendations of the Task Force.

“(d) Membership.—

“(1) NUMBER; APPOINTMENT.—The Task Force shall be composed of 30 members, appointed by the Secretary.

“(2) TERMS.—

“(A) IN GENERAL.—The Secretary shall appoint members of the Task Force for a term of 6 years and may reappoint such members, but the Secretary may not appoint any member to serve more than a total of 12 years.

“(B) STAGGERED TERMS.—Notwithstanding subparagraph (A), of the members first appointed to serve on the Task Force after the enactment of this title—

“(i) 10 shall be appointed for a term of 2 years;

“(ii) 10 shall be appointed for a term of 4 years; and

“(iii) 10 shall be appointed for a term of 6 years.

“(3) QUALIFICATIONS.—Members of the Task Force shall be appointed from among individuals who possess expertise in at least one of the following areas:

“(A) Health promotion and disease prevention.

“(B) Evaluation of research and systematic evidence reviews.

“(C) Application of systematic evidence reviews to clinical decisionmaking or health policy.

“(D) Clinical primary care in child and adolescent health.

“(E) Clinical primary care in adult health, including women’s health.

“(F) Clinical primary care in geriatrics.

“(G) Clinical counseling and behavioral services for primary care patients.

“(4) REPRESENTATION.—In appointing members of the Task Force, the Secretary shall ensure that—

“(A) all areas of expertise described in paragraph (3) are represented; and

“(B) the members of the Task Force include individuals with expertise in health disparities.

“(e) Subgroups.—As appropriate to maximize efficiency, the Task Force may delegate authority for conducting reviews and making recommendations to subgroups consisting of Task Force members, subject to final approval by the Task Force.

“(f) Clinical Prevention Stakeholders Board.—

“(1) IN GENERAL.—The Task Force shall convene a clinical prevention stakeholders board composed of representatives of appropriate public and private entities with an interest in clinical preventive services to advise the Task Force on developing, updating, publishing, and disseminating evidence-based recommendations on the use of clinical preventive services.

“(2) MEMBERSHIP.—The members of the clinical prevention stakeholders board shall include representatives of the following:

“(A) Health care consumers and patient groups.

“(B) Providers of clinical preventive services, including community-based providers.

“(C) Federal departments and agencies, including—

“(i) appropriate health agencies and offices in the Department, including the Office of the Surgeon General of the Public Health Service, the Office of Minority Health, the National Center on Minority Health and Health Disparities, and the Office on Women’s Health; and

“(ii) as appropriate, other Federal departments and agencies whose programs have a significant impact upon health (as determined by the Secretary).

“(D) Private health care payors.

“(3) RESPONSIBILITIES.—In accordance with subsection (b)(6), the clinical prevention stakeholders board shall—

“(A) recommend clinical preventive services for review by the Task Force;

“(B) suggest scientific evidence for consideration by the Task Force related to reviews undertaken by the Task Force;

“(C) provide feedback regarding draft recommendations by the Task Force; and

“(D) assist with efforts regarding dissemination of recommendations by the Director of the Agency for Healthcare Research and Quality.

“(g) Disclosure and conflicts of interest.—Members of the Task Force or the clinical prevention stakeholders board shall not be considered employees of the Federal Government by reason of service on the Task Force or the clinical prevention stakeholders board, except members of the Task Force or the clinical prevention stakeholders board shall be considered to be special Government employees within the meaning of section 107 of the Ethics in Government Act of 1978 (5 U.S.C. App.) and section 208 of title 18, United States Code, for the purposes of disclosure and management of conflicts of interest under those sections.

“(h) No pay; receipt of travel expenses.—Members of the Task Force or the clinical prevention stakeholders board shall not receive any pay for service on the Task Force, but may receive travel expenses, including a per diem, in accordance with applicable provisions of subchapter I of chapter 57 of title 5, United States Code.

“(i) Application of FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) except for section 14 of such Act shall apply to the Task Force to the extent that the provisions of such Act do not conflict with the provisions of this title.

“(j) Report.—The Secretary shall submit to the Congress an annual report on the Task Force, including with respect to gaps identified and recommendations made under subsection (b)(4).

“(a) In General.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a permanent task force to be known as the Task Force on Community Preventive Services (in this section referred to as the ‘Task Force’).

“(b) Responsibilities.—The Task Force shall—

“(1) identify community preventive services for review;

“(2) review the scientific evidence related to the benefits, effectiveness, appropriateness, and costs of community preventive services identified under paragraph (1) for the purpose of developing, updating, publishing, and disseminating evidence-based recommendations on the use of such services;

“(3) as appropriate, take into account health disparities in developing, updating, publishing, and disseminating evidence-based recommendations on the use of such services;

“(4) identify gaps in community preventive services research and evaluation and recommend priority areas for such research and evaluation;

“(5) pursuant to section 3143(d), determine whether subsidies and rewards are effective;

“(6) as appropriate, consult with the community prevention stakeholders board in accordance with subsection (f);

“(7) consult with the Task Force on Clinical Preventive Services established under section 3131; and

“(8) as appropriate, in carrying out this section, consider the national strategy under section 3121.

“(c) Role of agency.—The Secretary shall provide ongoing administrative, research, and technical support for the operations of the Task Force, including coordinating and supporting the dissemination of the recommendations of the Task Force.

“(d) Membership.—

“(1) NUMBER; APPOINTMENT.—The Task Force shall be composed of 30 members, appointed by the Secretary.

“(2) TERMS.—

“(A) IN GENERAL.—The Secretary shall appoint members of the Task Force for a term of 6 years and may reappoint such members, but the Secretary may not appoint any member to serve more than a total of 12 years.

“(B) STAGGERED TERMS.—Notwithstanding subparagraph (A), of the members first appointed to serve on the Task Force after the enactment of this section—

“(i) 10 shall be appointed for a term of 2 years;

“(ii) 10 shall be appointed for a term of 4 years; and

“(iii) 10 shall be appointed for a term of 6 years.

“(3) QUALIFICATIONS.—Members of the Task Force shall be appointed from among individuals who possess expertise in at least one of the following areas:

“(A) Public health.

“(B) Evaluation of research and systematic evidence reviews.

“(C) Disciplines relevant to community preventive services, including health promotion; disease prevention; chronic disease; worksite health; school-site health; qualitative and quantitative analysis; and health economics, policy, law, and statistics.

“(4) REPRESENTATION.—In appointing members of the Task Force, the Secretary—

“(A) shall ensure that all areas of expertise described in paragraph (3) are represented;

“(B) shall ensure that such members include sufficient representatives of each of—

“(i) State health officers;

“(ii) local health officers;

“(iii) health care practitioners; and

“(iv) public health practitioners; and

“(C) shall appoint individuals who have expertise in health disparities.

“(e) Subgroups.—As appropriate to maximize efficiency, the Task Force may delegate authority for conducting reviews and making recommendations to subgroups consisting of Task Force members, subject to final approval by the Task Force.

“(f) Community Prevention Stakeholders Board.—

“(1) IN GENERAL.—The Task Force shall convene a community prevention stakeholders board composed of representatives of appropriate public and private entities with an interest in community preventive services to advise the Task Force on developing, updating, publishing, and disseminating evidence-based recommendations on the use of community preventive services.

“(2) MEMBERSHIP.—The members of the community prevention stakeholders board shall include representatives of the following:

“(A) Health care consumers and patient groups.

“(B) Providers of community preventive services, including community-based providers.

“(C) Federal departments and agencies, including—

“(i) appropriate health agencies and offices in the Department, including the Office of the Surgeon General of the Public Health Service, the Office of Minority Health, the National Center on Minority Health and Health Disparities, and the Office on Women’s Health; and

“(ii) as appropriate, other Federal departments and agencies whose programs have a significant impact upon health (as determined by the Secretary).

“(D) Private health care payors.

“(3) RESPONSIBILITIES.—In accordance with subsection (b)(6), the community prevention stakeholders board shall—

“(A) recommend community preventive services for review by the Task Force;

“(B) suggest scientific evidence for consideration by the Task Force related to reviews undertaken by the Task Force;

“(C) provide feedback regarding draft recommendations by the Task Force; and

“(D) assist with efforts regarding dissemination of recommendations by the Director of the Centers for Disease Control and Prevention.

“(g) Disclosure and conflicts of interest.—Members of the Task Force or the community prevention stakeholders board shall not be considered employees of the Federal Government by reason of service on the Task Force or the community prevention stakeholders board, except members of the Task Force or the community prevention stakeholders board shall be considered to be special Government employees within the meaning of section 107 of the Ethics in Government Act of 1978 (5 U.S.C. App.) and section 208 of title 18, United States Code, for the purposes of disclosure and management of conflicts of interest under those sections.

“(h) No pay; receipt of travel expenses.—Members of the Task Force or the community prevention stakeholders board shall not receive any pay for service on the Task Force, but may receive travel expenses, including a per diem, in accordance with applicable provisions of subchapter I of chapter 57 of title 5, United States Code.

“(i) Application of FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) except for section 14 of such Act shall apply to the Task Force to the extent that the provisions of such Act do not conflict with the provisions of this title.

“(j) Report.—The Secretary shall submit to the Congress an annual report on the Task Force, including with respect to gaps identified and recommendations made under subsection (b)(4).

“In conducting or supporting research on prevention and wellness, the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the heads of other agencies within the Department of Health and Human Services conducting or supporting such research, shall take into consideration the national strategy under section 3121 and the recommendations of the Task Force on Clinical Preventive Services under section 3131 and the Task Force on Community Preventive Services under section 3132.

“(a) In General.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct, or award grants to eligible entities to conduct, research in priority areas identified by the Secretary in the national strategy under section 3121 or by the Task Force on Community Preventive Services as required by section 3132.

“(b) Eligibility.—To be eligible for a grant under this section, an entity shall be—

“(1) a State, local, or tribal department of health;

“(2) a public or private nonprofit entity; or

“(3) a consortium of 2 or more entities described in paragraphs (1) and (2).

“(c) Report.—The Secretary shall submit to the Congress an annual report on the program of research under this section.

“(a) Research and demonstration projects.—

“(1) IN GENERAL.—The Secretary shall conduct, or award grants to public or nonprofit private entities to conduct, research and demonstration projects on the use of financial and in-kind subsidies and rewards to encourage individuals and communities to promote wellness, adopt healthy behaviors, and use evidence-based preventive health services.

“(2) FOCUS.—Research and demonstration projects under paragraph (1) shall focus on—

“(A) tobacco use, obesity, and other prevention and wellness priorities identified by the Secretary in the national strategy under section 3121;

“(B) the initiation, maintenance, and long-term sustainability of wellness promotion; adoption of healthy behaviors; and use of evidence-based preventive health services; and

“(C) populations at high risk of preventable diseases and conditions.

“(b) Findings; report.—

“(1) SUBMISSION OF FINDINGS.—The Secretary shall submit the findings of research and demonstration projects under subsection (a) to—

“(A) the Task Force on Clinical Preventive Services established under section 3131 or the Task Force on Community Preventive Services established under section 3132, as appropriate; and

“(B) the Health Benefits Advisory Committee established by section 223 of the Affordable Health Care for America Act.

“(2) REPORT TO CONGRESS.—Not later than 18 months after the initiation of research and demonstration projects under subsection (a), the Secretary shall submit a report to the Congress on the progress of such research and projects, including any preliminary findings.

“(c) Inclusion in essential benefits package.—If, on the basis of the findings of research and demonstration projects under subsection (a) or other sources consistent with section 3131, the Task Force on Clinical Preventive Services determines that a subsidy or reward meets the Task Force’s standards for a grade A or B, the Secretary shall ensure that the subsidy or reward is included in the essential benefits package under section 222.

“(d) Inclusion as allowable use of community prevention and wellness services grants.—If, on the basis of the findings of research and demonstration projects under subsection (a) or other sources consistent with section 3132, the Task Force on Community Preventive Services determines that a subsidy or reward is effective, the Secretary shall ensure that the subsidy or reward becomes an allowable use of grant funds under section 3151.

“(e) Nondiscrimination; no tie to premium or cost sharing.—In carrying out this section, the Secretary shall ensure that any subsidy or reward—

“(1) does not have a discriminatory effect on the basis of any personal characteristic extraneous to the provision of high-quality health care or related services; and

“(2) is not tied to the premium or cost sharing of an individual under any qualified health benefits plan (as defined in section 100(c)).

“(a) In general.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a program for the delivery of community prevention and wellness services consisting of awarding grants to eligible entities—

“(1) to provide evidence-based, community prevention and wellness services in priority areas identified by the Secretary in the national strategy under section 3121; or

“(2) to plan such services.

“(b) Eligibility.—

“(1) DEFINITION.—To be eligible for a grant under this section, an entity shall be—

“(A) a State, local, or tribal department of health;

“(B) a public or private entity; or

“(C) a consortium that—

“(i) consists of 2 or more entities described in subparagraph (A) or (B); and

“(ii) may be a community partnership representing a Health Empowerment Zone.

“(2) HEALTH EMPOWERMENT ZONE.—In this subsection, the term ‘Health Empowerment Zone’ means an area—

“(A) in which multiple community prevention and wellness services are implemented in order to address one or more health disparities, including those identified by the Secretary in the national strategy under section 3121; and

“(B) which is represented by a community partnership that demonstrates community support and coordination with State, local, or tribal health departments and includes—

“(i) a broad cross section of stakeholders;

“(ii) residents of the community; and

“(iii) representatives of entities that have a history of working within and serving the community.

“(c) Preferences.—In awarding grants under this section, the Secretary shall give preference to entities that—

“(1) will address one or more goals or objectives identified by the Secretary in the national strategy under section 3121;

“(2) will address significant health disparities, including those identified by the Secretary in the national strategy under section 3121;

“(3) will address unmet community prevention and wellness needs and avoid duplication of effort;

“(4) have been demonstrated to be effective in communities comparable to the proposed target community;

“(5) will contribute to the evidence base for community prevention and wellness services;

“(6) demonstrate that the community prevention and wellness services to be funded will be sustainable; and

“(7) demonstrate coordination or collaboration across governmental and nongovernmental partners.

“(d) Health disparities.—Of the funds awarded under this section for a fiscal year, the Secretary shall award not less than 50 percent for planning or implementing community prevention and wellness services whose primary purpose is to achieve a measurable reduction in one or more health disparities, including those identified by the Secretary in the national strategy under section 3121.

“(e) Emphasis on recommended services.—For fiscal year 2014 and subsequent fiscal years, the Secretary shall award grants under this section only for planning or implementing services recommended by the Task Force on Community Preventive Services under section 3132 or deemed effective based on a review of comparable rigor (as determined by the Director of the Centers for Disease Control and Prevention).

“(f) Prohibited uses of funds.—An entity that receives a grant under this section may not use funds provided through the grant—

“(1) to build or acquire real property or for construction; or

“(2) for services or planning to the extent that payment has been made, or can reasonably be expected to be made—

“(A) under any insurance policy;

“(B) under any Federal or State health benefits program (including titles XIX and XXI of the Social Security Act); or

“(C) by an entity which provides health services on a prepaid basis.

“(g) Report.—The Secretary shall submit to the Congress an annual report on the program of grants awarded under this section.

“(h) Definitions.—In this section, the term ‘evidence-based’ means that methodologically sound research has demonstrated a beneficial health effect, in the judgment of the Director of the Centers for Disease Control and Prevention.

“(a) Program.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a core public health infrastructure program consisting of awarding grants under subsection (b).

“(b) Grants.—

“(1) AWARD.—For the purpose of addressing core public health infrastructure needs, the Secretary—

“(A) shall award a grant to each State health department; and

“(B) may award grants on a competitive basis to State, local, or tribal health departments.

“(2) ALLOCATION.—Of the total amount of funds awarded as grants under this subsection for a fiscal year—

“(A) not less than 50 percent shall be for grants to State health departments under paragraph (1)(A); and

“(B) not less than 30 percent shall be for grants to State, local, or tribal health departments under paragraph (1)(B).

“(c) Use of Funds.—The Secretary may award a grant to an entity under subsection (b)(1) only if the entity agrees to use the grant to address core public health infrastructure needs, including those identified in the accreditation process under subsection (g).

“(d) Formula grants to State health departments.—In making grants under subsection (b)(1)(A), the Secretary shall award funds to each State health department in accordance with—

“(1) a formula based on population size; burden of preventable disease and disability; and core public health infrastructure gaps, including those identified in the accreditation process under subsection (g); and

“(2) application requirements established by the Secretary, including a requirement that the State submit a plan that demonstrates to the satisfaction of the Secretary that the State’s health department will—

“(A) address its highest priority core public health infrastructure needs; and

“(B) as appropriate, allocate funds to local health departments within the State.

“(e) Competitive grants to State, local, and tribal health departments.—In making grants under subsection (b)(1)(B), the Secretary shall give priority to applicants demonstrating core public health infrastructure needs identified in the accreditation process under subsection (g).

“(f) Maintenance of effort.—The Secretary may award a grant to an entity under subsection (b) only if the entity demonstrates to the satisfaction of the Secretary that—

“(1) funds received through the grant will be expended only to supplement, and not supplant, non-Federal and Federal funds otherwise available to the entity for the purpose of addressing core public health infrastructure needs; and

“(2) with respect to activities for which the grant is awarded, the entity will maintain expenditures of non-Federal amounts for such activities at a level not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives the grant.

“(g) Establishment of a Public Health Accreditation Program.—

“(1) IN GENERAL.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall—

“(A) develop, and periodically review and update, standards for voluntary accreditation of State, local, or tribal health departments and public health laboratories for the purpose of advancing the quality and performance of such departments and laboratories; and

“(B) implement a program to accredit such health departments and laboratories in accordance with such standards.

“(2) COOPERATIVE AGREEMENT.—The Secretary may enter into a cooperative agreement with a private nonprofit entity to carry out paragraph (1).

“(h) Report.—The Secretary shall submit to the Congress an annual report on progress being made to accredit entities under subsection (g), including—

“(1) a strategy, including goals and objectives, for accrediting entities under subsection (g) and achieving the purpose described in subsection (g)(1); and

“(2) identification of gaps in research related to core public health infrastructure and recommendations of priority areas for such research.

“(a) In general.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand and improve the core public health infrastructure and activities of the Centers for Disease Control and Prevention to address unmet and emerging public health needs.

“(b) Report.—The Secretary shall submit to the Congress an annual report on the activities funded through this section.

“In this title:

“(1) The term ‘core public health infrastructure’ includes workforce capacity and competency; laboratory systems; health information, health information systems, and health information analysis; communications; financing; other relevant components of organizational capacity; and other related activities.

“(2) The terms ‘Department’ and ‘departmental’ refer to the Department of Health and Human Services.

“(3) The term ‘health disparities’ includes health and health care disparities and means population-specific differences in the presence of disease, health outcomes, or access to health care. For purposes of the preceding sentence, a population may be delineated by race, ethnicity, primary language, sex, sexual orientation, gender identity, disability, socioeconomic status, or rural, urban, or other geographic setting, and any other population or subpopulation determined by the Secretary to experience significant gaps in disease, health outcomes, or access to health care.

“(4) The term ‘tribal’ refers to an Indian tribe, a Tribal organization, or an Urban Indian organization, as such terms are defined in section 4 of the Indian Health Care Improvement Act.”.

(b) Transition provisions applicable to Task Forces.—

(1) FUNCTIONS, PERSONNEL, ASSETS, LIABILITIES, AND ADMINISTRATIVE ACTIONS.—All functions, personnel, assets, and liabilities of, and administrative actions applicable to, the Preventive Services Task Force convened under section 915(a) of the Public Health Service Act and the Task Force on Community Preventive Services (as such section and Task Forces were in existence on the day before the date of the enactment of this Act) shall be transferred to the Task Force on Clinical Preventive Services and the Task Force on Community Preventive Services, respectively, established under sections 3131 and 3132 of the Public Health Service Act, as added by subsection (a).

(2) RECOMMENDATIONS.—All recommendations of the Preventive Services Task Force and the Task Force on Community Preventive Services, as in existence on the day before the date of the enactment of this Act, shall be considered to be recommendations of the Task Force on Clinical Preventive Services and the Task Force on Community Preventive Services, respectively, established under sections 3131 and 3132 of the Public Health Service Act, as added by subsection (a).

(3) MEMBERS ALREADY SERVING.—

(A) INITIAL MEMBERS.—The Secretary of Health and Human Services may select those individuals already serving on the Preventive Services Task Force and the Task Force on Community Preventive Services, as in existence on the day before the date of the enactment of this Act, to be among the first members appointed to the Task Force on Clinical Preventive Services and the Task Force on Community Preventive Services, respectively, under sections 3131 and 3132 of the Public Health Service Act, as added by subsection (a).

(B) CALCULATION OF TOTAL SERVICE.—In calculating the total years of service of a member of a task force for purposes of section 3131(d)(2)(A) or 3132(d)(2)(A) of the Public Health Service Act, as added by subsection (a), the Secretary of Health and Human Services shall not include any period of service by the member on the Preventive Services Task Force or the Task Force on Community Preventive Services, respectively, as in existence on the day before the date of the enactment of this Act.

(c) Period before completion of national strategy.—Pending completion of the national strategy under section 3121 of the Public Health Service Act, as added by subsection (a), the Secretary of Health and Human Services, acting through the relevant agency head, may make a judgment about how the strategy will address an issue and rely on such judgment in carrying out any provision of subtitle C, D, E, or F of title XXXI of such Act, as added by subsection (a), that requires the Secretary—

(1) to take into consideration such strategy;

(2) to conduct or support research or provide services in priority areas identified in such strategy; or

(3) to take any other action in reliance on such strategy.

(d) Conforming amendments.—

(1) Paragraph (61) of section 3(b) of the Indian Health Care Improvement Act (25 U.S.C. 1602) is amended by striking “United States Preventive Services Task Force” and inserting “Task Force on Clinical Preventive Services”.

(2) Section 126 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (Appendix F of Public Law 106–554) is amended by striking “United States Preventive Services Task Force” each place it appears and inserting “Task Force on Clinical Preventive Services”.

(3) Paragraph (7) of section 317D(a) of the Public Health Service Act (42 U.S.C. 247b–5(a)) is amended by striking “United States Preventive Services Task Force” and inserting “Task Force on Clinical Preventive Services”.

(4) Section 915 of the Public Health Service Act (42 U.S.C. 299b–4) is amended by striking subsection (a).

(5) Subsections (s)(2)(AA)(iii)(II), (xx)(1), and (ddd)(1)(B) of section 1861 of the Social Security Act (42 U.S.C. 1395x) are amended by striking “United States Preventive Services Task Force” each place it appears and inserting “Task Force on Clinical Preventive Services”.