133 STAT. 909  PUBLIC LAW 116–22—JUNE 24, 2019  (E) by adding at the end the following:  ‘‘(xi) a description of how the entity will partner  with health care facilities, including hospitals and  nursing homes and other long-term care facilities, to  promote and improve public health preparedness and  response; and  ‘‘(xii) a description of how, as appropriate and prac- ticable, the entity will include critical infrastructure  partners, such as utility companies within the entity’s  jurisdiction, in planning pursuant to this subparagraph  to help ensure that critical infrastructure will remain  functioning during, or return to function as soon as  practicable after, a public health emergency;’’.  (b) EXCEPTION RELATING TO APPLICATION OF CERTAIN REQUIRE- MENTS.—  (1) IN GENERAL.—Section 319C–1(g) (42 U.S.C. 247d–3a(g))  is amended—  (A) in paragraph (5)—  (i) in the matter preceding subparagraph (A), by  striking ‘‘Beginning with fiscal year 2009’’ and  inserting ‘‘Beginning with fiscal year 2019’’; and  (ii) in subparagraph (A)—  (I) by striking ‘‘for the immediately preceding  fiscal year’’ and inserting ‘‘for either of the 2 imme- diately preceding fiscal years’’; and  (II) by striking ‘‘2008’’ and inserting ‘‘2018’’;  and  (B) in paragraph (6), by amending subparagraph (A)  to read as follows:  ‘‘(A) IN GENERAL.—The amounts described in this para- graph are the following amounts that are payable to an  entity for activities described in this section or section  319C–2:  ‘‘(i) For no more than one of each of the first  2 fiscal years immediately following a fiscal year in  which an entity experienced a failure described in  subparagraph (A) or (B) of paragraph (5), an amount  equal to 10 percent of the amount the entity was  eligible to receive for the respective fiscal year.  Time periods.  ‘‘(ii) For no more than one of the first 2 fiscal  years immediately following the third consecutive fiscal  year in which an entity experienced such a failure,  in lieu of applying clause (i), an amount equal to 15  percent of the amount the entity was eligible to receive  for the respective fiscal year.’’.  (2) EFFECTIVE DATE.—The amendments made by paragraph  (1) shall apply with respect to cooperative agreements awarded  on or after the date of enactment of this Act.  (c) PARTNERSHIP FOR STATE AND REGIONAL HOSPITAL  PREPAREDNESS TO IMPROVE SURGE CAPACITY.—Section 319C–2 (42  U.S.C. 247d–3b) is amended—  (1) in subsection (a)—  (A) by inserting ‘‘, acting through the Assistant Sec- retary for Preparedness and Response,’’ after ‘‘The Sec- retary’’; and  (B) by striking ‘‘preparedness for public health emer- gencies’’ and inserting ‘‘preparedness for, and response to,  42 USC 247d–3a  note. 