[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4632 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4632

 To provide for a Chief Medical Officer in the Office of the Secretary 
             of Homeland Security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2005

Mr. Langevin (for himself, Mr. Thompson of Mississippi, Mr. Etheridge, 
and Ms. Jackson-Lee of Texas) introduced the following bill; which was 
referred to the Committee on Homeland Security, and in addition to the 
   Committee on Energy and Commerce, 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

_______________________________________________________________________

                                 A BILL


 
 To provide for a Chief Medical Officer in the Office of the Secretary 
             of Homeland Security, 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 ``Chief Medical Officer Authorization 
Act of 2005''.

SEC. 2. CHIEF MEDICAL OFFICER.

    (a) Establishment.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended--
            (1) by redesignating the second section 510 as section 511; 
        and
            (2) by adding at the end the following:

``SEC. 512. CHIEF MEDICAL OFFICER.

    ``(a) Chief Medical Officer.--There is in the Office of the 
Secretary of Homeland Security a Chief Medical Officer who shall be an 
Under Secretary.
    ``(b) General Responsibilities.--Subject to the direction and 
control of the Secretary, the responsibilities of the Chief Medical 
Officer shall include the following:
            ``(1) To report directly to the Secretary regarding all 
        matters pertaining to the responsibilities listed in this 
        section.
            ``(2) To act as an advisor to the Secretary regarding 
        medically-related issues to ensure the accuracy of medical 
        messages delivered by the Secretary and contribute to important 
        decisions being made by the Secretary that have a foundation in 
        medicine, medical treatment, or medical response.
            ``(3) To inform the public on medically-related homeland 
        security issues, including threats and risk assessment, 
        preparation, and response, and to provide information on how 
        the public can best protect itself from such threats.
            ``(4) In consultation with the Secretary of Health and 
        Human Services, to develop standards, prepare plans, and 
        evaluate training programs for emergency medical personnel 
        related to disaster preparedness and to make those findings 
        available to the Congress and to the emergency medical provider 
        community.
            ``(5) In consultation with the Assistant Secretary for 
        Grants and Training, to be responsible for the oversight and 
        management of the Metropolitan Medical Response System.
            ``(6) To develop and update guidelines to be distributed to 
        local authorities for medical plans to respond to natural 
        disasters, industrial or transportation accidents, or 
        intentional attacks on the United States involving conventional 
        or unconventional weapons.
            ``(7) To promote the development of mutual aid agreements 
        to ensure the effective cooperation of civilian medical 
        providers and facilities, including the development of 
        intraregional and interregional coordination plans, 
        interoperable equipment, standardized practices and procedures 
        (including electronic systems to track patients transported 
        from one location to another), and robust intraregional and 
        interregional exercises.
            ``(8) In consultation with the Director of the Office of 
        Science and Technology, to coordinate medically-related 
        research and development programs of the Department of Homeland 
        Security with research and development programs of other 
        Federal departments and agencies, and with other entities.
            ``(9) To perform such other duties relating to the 
        responsibilities described in this subsection as the Secretary 
        may provide.
    ``(c) Responsibilities Regarding National Response Plan.--Subject 
to the direction and control of the Secretary, the responsibilities of 
the Chief Medical Officer regarding the National Response Plan created 
pursuant to Homeland Security Presidential Directive 5 (and any 
successor plan) shall include the following:
            ``(1) To direct the operational elements of the National 
        Disaster Medical System response to an incident of national 
        significance, including by coordinating the activities of the 
        Department of Homeland Security with the activities of the 
        Department of Defense, the Department of Health and Human 
        Services, the Department of Veterans Affairs, and any other 
        relevant Federal departments and agencies.
            ``(2) To submit a report to the Congress, not later than 6 
        months after the date of the enactment of this section, on the 
        viability of expanding the National Disaster Medical System by 
        adding a full-time, ready-to-deploy component and maintaining 
        the existing system as a reserve component.
            ``(3) In consultation with the Secretary of Health and 
        Human Services, to ensure that the National Response Plan 
        includes a plan to rapidly deliver medical supplies from the 
        Strategic National Stockpile to the site of a natural disaster, 
        industrial or transportation accident, or intentional attack on 
        the United States involving conventional or unconventional 
        weapons, and to acquire the transportation, logistical, and 
        other assets necessary to carry out the plan.
            ``(4) In cooperation with the Assistant Secretary for 
        Infrastructure Protection, to ensure that plans are in place to 
        ensure the continued functioning of the Nation's critical 
        infrastructure in the event of a biological incident as defined 
        in the Biological Incident Annex of the National Response Plan.
            ``(5) To submit to the Congress, within 30 days after the 
        date of the enactment of this section--
                    ``(A) an analysis of conflicts among the Homeland 
                Security Act of 2002, Homeland Security Presidential 
                Directive 10, and the National Response Plan and its 
                annexes as to the respective authorities and 
                responsibilities of the Department of Homeland Security 
                and the Department of Health and Human Services, when 
                responding to a biological or medical disaster, 
                especially if the disaster is declared an incident of 
                national significance as defined in the National 
                Response Plan; and
                    ``(B) recommendations on appropriate statutory or 
                other policy changes to address such conflicts.
    ``(d) Responsibilities Regarding National Medical Surge Capacity.--
Subject to the direction and control of the Secretary, the 
responsibilities of the Chief Medical Officer regarding national 
medical surge capacity shall include the following:
            ``(1) To conduct periodic assessments of the needs and 
        capabilities of emergency medical providers, including 
        governmental and nongovernmental providers, and to make the 
        findings of such assessments available to the Congress and to 
        the emergency medical provider community.
            ``(2) To conduct surveys, not later than 90 days after the 
        date of the enactment of this section and periodically 
        thereafter, on the number of emergency medical personnel, the 
        number of available hospitals beds (especially emergency and 
        isolation bed space), and the production capacity of the United 
        States to make vaccines, medicines, and medical supplies, and 
        to make the findings of such surveys available to the Congress 
        and to the emergency medical provider community.
            ``(3) Consistent with the findings of the surveys conducted 
        under paragraph (2), and in consultation with the Secretary of 
        Health and Human Services and the Director of the Centers for 
        Disease Control and Prevention, to ensure that the health care 
        system of the United States is ready to respond to an incident 
        of national significance, including natural disasters, 
        industrial or transportation accidents, or intentional attacks 
        on the United States involving conventional or unconventional 
        weapons.
            ``(4) To focus Federal resources on developing a national 
        medical surge capacity, including by--
                    ``(A) integrating and coordinating the assets of 
                the Department of Homeland Security with the assets of 
                the Department of Defense, the Department of Health and 
                Human Services, and the Department of Veterans Affairs;
                    ``(B) seeking to acquire and use private and 
                government hospitals that have or will be closed, 
                including hospitals that close because of the closure 
                and realignment of military installations; and
                    ``(C) in partnership with State and local 
                authorities, generating and disseminating emergency 
                backup plans for treatment and housing sick or injured 
                citizens if hospital space is unavailable, including 
                identification of sites, number of patients who can be 
                treated there, and medical staff and equipment 
                necessary to use the site as an emergency treatment 
                facility.
    ``(e) Responsibilities Regarding Project BioShield.--Subject to the 
direction and control of the Secretary, the responsibilities of the 
Chief Medical Officer regarding Project BioShield shall include the 
following:
            ``(1) To ensure the rapid completion of material threat 
        assessments and material threat determinations and any other 
        responsibilities incumbent upon the Department of Homeland 
        Security for Project BioShield.
            ``(2) To consult with the Department of Health and Human 
        Services regarding requests for the release of information, 
        requests for proposals, and the award of contracts pursuant to 
        such requests by the Department of Health and Human Services 
        under Project BioShield.
            ``(3) To serve as one of the representatives from the 
        Department of Homeland Security on the Weapons of Mass 
        Destruction Medical Countermeasures Subcommittee of the 
        National Science and Technology Council and the Office of 
        Science and Technology Policy in the Executive Office of the 
        President.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the items 
relating to section 509 the following:

``Sec. 510. Procurement of security countermeasures for strategic 
                            national stockpile.
``Sec. 511. Urban and other high risk area communications capabilities.
``Sec. 512. Chief Medical Officer.''.
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