[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2333 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2333

   To amend the Public Health Service Act to provide for a National 
            Disaster Medical System, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2001

Mr. Burr of North Carolina (for himself, Mr. Stupak, and Mr. Chambliss) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Public Health Service Act to provide for a National 
            Disaster Medical System, and for other purposes.

    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 ``National Disaster Medical System 
Act''.

SEC. 2. OFFICE OF EMERGENCY PREPAREDNESS; NATIONAL DISASTER MEDICAL 
              SYSTEM.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.), as amended by section 102 of Public Law 106-505, is amended--
            (1) by redesignating sections 319A through 319G as sections 
        319B through 319H, respectively; and
            (2) by inserting after section 319 the following section:

  ``office of emergency preparedness; national disaster medical system

    ``Sec. 319A. (a) Office of Emergency Preparedness.--
            ``(1) In general.--There is established within the Office 
        of Public Health and Science an Office to be known as the 
        Office of Emergency Preparedness, which shall be headed by a 
        director appointed by the Secretary. The Secretary shall carry 
        out paragraph (2) acting through such Director.
            ``(2) General duties.--The Secretary shall coordinate the 
        activities of the Department of Health and Human Services with 
        respect to planning for and responding to public health 
        emergencies that burden the response capacity of State and 
        local governments sufficient to require the assistance of the 
        Federal Government in responding to the emergencies, including 
        as applicable diseases or disorders that present public health 
        emergencies; natural disasters; major transportation accidents; 
        technological disasters; and disasters resulting from 
        terrorism.
    ``(b) National Disaster Medical System.--
            ``(1) In general.--There shall be operated in accordance 
        with this section a system to be known as the National Disaster 
        Medical System (in this section referred to as the `National 
        System'). The National System shall be headed by the Secretary 
        acting through the Director of the Office of Emergency 
        Preparedness.
            ``(2) Federal and state collaborative system.--
                    ``(A) In general.--The National System shall be a 
                coordinated effort by the Federal agencies specified in 
                subparagraph (B), working in collaboration with the 
                States and other appropriate public or private 
                entities, to carry out the purposes described in 
                paragraph (3).
                    ``(B) Participating federal agencies.--The Federal 
                agencies referred to in subparagraph (A) are the 
                Department of Health and Human Services, the Federal 
                Emergency Management Agency, the Department of Defense, 
                and the Department of Veterans Affairs.
            ``(3) Purpose of system.--
                    ``(A) In general.--The National System shall 
                provide health services, health-related social 
                services, other appropriate human services, and 
                appropriate auxiliary services to respond to the needs 
                of victims of a public health emergency declared by the 
                Secretary under section 319, if the Secretary activates 
                the System in declaring the emergency. The National 
                System shall carry out such ongoing activities as may 
                be necessary to prepare for the provision of such 
                services.
                    ``(B) Certain components.--The National System 
                shall have the following components:
                            ``(i) Direct medical care.
                            ``(ii) Patient evacuation.
                            ``(iii) Non-Federal hospital beds.
                            ``(iv) Such other components as the 
                        Secretary determines to be appropriate.
    ``(c) Temporary Disaster-Response Personnel.--
            ``(1) In general.--For the purpose of assisting the Office 
        of Emergency Preparedness and the National System in carrying 
        out duties under this section, the Secretary may in accordance 
        with this subsection appoint individuals to serve as temporary 
        personnel of such Office or System. The Secretary may make such 
        appointments without regard to the provisions of title 5, 
        United States Code, governing appointments in the competitive 
        service, and without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates.
            ``(2) Type and duration of service.--
                    ``(A) Type.--An appointment under paragraph (1) 
                shall be a temporary appointment or an appointment for 
                intermittent services, and may not be considered to be 
                for expert or consultant services within the meaning of 
                section 3109 of title 5, United States Code.
                    ``(B) Duration.--The term of service under a 
                temporary appointment under paragraph (1) may not 
                exceed four years. After the expiration of such a term 
                of service, an individual may be reappointed. This 
                subparagraph does not limit the number of 
                reappointments of an individual, subject to each 
                appointment being made in accordance with this 
                subsection.
            ``(3) Travel and subsistence.--An individual appointed 
        under paragraph (1) shall, in accordance with subchapter I of 
        chapter 57 of title 5, United States Code, be eligible for 
        travel, subsistence, and other necessary expenses incurred in 
        carrying out the duties for which the individual was appointed, 
        including per diem in lieu of subsistence.
            ``(4) Liability.--For purposes of section 224(a) and the 
        remedies described in such section, an individual appointed 
        under paragraph (1) shall, while acting within the scope of 
        such appointment, be considered to be an employee of the Public 
        Health Service performing medical, surgical, dental, or related 
        functions. Participation in training programs carried out by 
        the Office of Emergency Preparedness or Federal personnel of 
        the National System shall be considered within the scope of 
        such an appointment (regardless of whether the individual 
        receives compensation for such participation).
    ``(d) Criteria.--
            ``(1) In general.--The Secretary shall by regulation 
        establish criteria for the operation of the National System.
            ``(2) Education and training of personnel.--In carrying out 
        paragraph (1), the Secretary shall establish criteria regarding 
        the education and training of individuals who provide emergency 
        services through the National System. In the case of positions 
        in the System that involve significant supervisory roles when 
        the System is activated pursuant to subsection (b)(3)(A), the 
        criteria shall require that individuals in such positions have 
        completed education or training programs that have been 
        accredited by an entity recognized by the Secretary for 
        purposes of this paragraph.
            ``(3) Participation agreements for non-federal entities.--
        In carrying out paragraph (1), the Secretary shall establish 
        criteria regarding the participation of States and private 
        entities in the National System, including criteria regarding 
        agreements for such participation. The criteria shall include 
        the following:
                    ``(A) Provisions relating to the custody and use of 
                Federal personal property by such entities, which may 
                in the discretion of the Secretary include authorizing 
                the custody and use of such property on a reimbursable 
                basis to respond to emergency situations that are not 
                public health emergencies for which the National System 
                has been activated pursuant to subsection (b)(3)(A).
                    ``(B) Provisions relating to circumstances in which 
                an individual or entity has agreements with both the 
                National System and another entity regarding the 
                provision of emergency services by the individual. Such 
                provisions shall address the issue of priorities among 
                the agreements involved.
    ``(e) Definition.--For purposes of this section, the term 
`auxiliary services' includes mortuary services and veterinary 
services.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--For the purpose of providing for the 
        Office of Emergency Preparedness and the National System, other 
        than purposes for which amounts in the Public Health Emergency 
        Fund under section 319 are available, there are authorized to 
        be appropriated such sums as may be necessary for each of the 
fiscal years 2001 through 2005.
            ``(2) Coordination of funding.--The authorization of 
        appropriations established in paragraph (1) for a fiscal year 
        applies with respect to appropriations made from allocations 
        under section 302(b) of the Congressional Budget Act of 1974 
        for the following subcommittees of the appropriations 
        committees of the House of Representatives and the Senate:
                    ``(A) The subcommittees relating to the Departments 
                of Labor, Health and Human Services, and Education.
                    ``(B) The subcommittees relating to the Departments 
                of Veterans Affairs and Housing and Urban Development 
                and to independent agencies.
                    ``(C) The subcommittees relating to the Department 
                of Defense.
            ``(3) Limitation on obligation of funds.--The obligation of 
        amounts appropriated for the Office of Emergency Preparedness 
        or the National System shall not be subject to any requirement 
        that an operating plan be submitted to the House and Senate 
        Committees on Appropriations.''.

SEC. 3. CERTAIN EMPLOYMENT ISSUES REGARDING TEMPORARY APPOINTMENTS FOR 
              OFFICE OF EMERGENCY PREPAREDNESS OR NATIONAL DISASTER 
              MEDICAL SYSTEM.

    (a) Temporary Disaster-Response Appointee.--For purposes of this 
section, the term ``temporary disaster-response appointee'' means an 
individual appointed by the Secretary of Health and Human Services 
under section 319A(c) of the Public Health Service Act (relating to 
appointments to provide temporary or intermittent services in the 
Office of Emergency Preparedness or the National Disaster Medical 
System).
    (b) Compensation for Work Injuries.--To the extent provided in 
regulations promulgated by the Secretary of Health and Human Services 
(in this section referred to as the ``Secretary''), a temporary 
disaster-response appointee shall be deemed an employee, and an injury 
sustained by such an individual while actually serving or while 
participating in a uncompensated training exercise related to such 
service shall be deemed `in the performance of duty', for purposes of 
chapter 81 of title 5, United States Code, pertaining to compensation 
for work injuries.
    (c) Employment and Reemployment Rights.--
            (1) In general.--To the extent provided in regulations 
        promulgated by the Secretary, service as a temporary disaster-
        response appointee and participation in a uncompensated 
        training exercise related to such service shall be deemed 
        `service in the uniformed services' for purposes of chapter 43 
        of title 38, United States Code, pertaining to employment and 
        reemployment rights of individuals who have performed service 
        in the uniformed services.
            (2) Notice of absence from position of employment.--
        Preclusion of giving notice of service by disaster response 
        necessity shall be deemed preclusion by `military necessity' 
        for purposes of section 4312(b) of title 38, United States 
        Code, pertaining to giving notice of absence from a position of 
        employment. A determination of disaster response necessity 
        shall be made pursuant to regulations prescribed by the 
        Secretary, in consultation with the Secretary of Defense, and 
        shall not be subject to judicial review.
    (d) Inapplicability of Certain Provisions.--The following 
provisions shall not apply to temporary disaster-response appointees:
            (1) Subchapter V of chapter 55 of title 5, United States 
        Code (governing premium pay).
            (2) Chapter 61 of such title 5 (governing hours of work).
            (3) Chapter 63 of such title 5 (governing leave).
            (4) Chapter 83 and 84 of such title 5 (governing 
        retirement).
            (5) Chapter 85 of such title 5 (governing unemployment 
        compensation).
            (6) The Fair Labor Standards Act of 1938.

SEC. 4. STUDY REGARDING SUPPORT OF LOCAL EMERGENCY RESPONSE PERSONNEL.

    The Secretary of Health and Human Services, acting through the 
Director of the Office of Emergency Preparedness, shall conduct a study 
of best-practices methods to support the provision of emergency medical 
services through local governments (including through contractors and 
volunteers of such governments). Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to the 
Congress a report describing the findings of the study.
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