[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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