[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5438 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5438

    To amend the Public Health Service Act to transfer the National 
Disaster Medical System to the Department of Health and Human Services, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2006

   Mr. Barton of Texas (for himself and Mr. Dingell) introduced the 
   following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Homeland Security, 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 amend the Public Health Service Act to transfer the National 
Disaster Medical System to the Department of Health and Human Services, 
                        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 ``Public Health and Medical Emergency 
Coordination Act of 2006''.

SEC. 2. TRANSFER OF NATIONAL DISASTER MEDICAL SYSTEM.

    (a) Amendment to Public Health Service Act.--Section 2811(b) of the 
Public Health Service Act (42 U.S.C. 300hh-11(b)) is amended by adding 
at the end the following:
            ``(4) Transfer.--Upon the transfer of the functions, 
        personnel, assets, and liabilities of the National Disaster 
        Medical System as required by section 2(b) of the Public Health 
        and Medical Emergency Coordination Act of 2006, this section 
        shall be in effect as if sections 502(3)(B) and 503(5) of the 
        Homeland Security Act of 2002 had not been enacted.''.
    (b) Transfer.--Not later than 9 months after the date of the 
enactment of this Act, the functions, personnel, assets, and 
liabilities of the National Disaster Medical System shall be 
transferred to the Department of Health and Human Services.
    (c) Definitions.--For purposes of this section:
            (1) The term ``assets'' includes contracts, facilities, 
        property, records, unobligated or unexpended balances of 
        appropriations, and other funds or resources (other than 
        personnel).
            (2) The term ``functions'' includes authorities, powers, 
        rights, privileges, immunities, programs, projects, activities, 
        duties, and responsibilities.
            (3) The term ``personnel'' means officers and employees.
    (d) Conforming Amendments.--Sections 502(3)(B) and 503(5) of the 
Homeland Security Act of 2002 (6 U.S.C. 312(3)(B), 313(5)) are amended 
by striking the term ``, the National Disaster Medical System,'' each 
place such term appears.

SEC. 3. COORDINATION OF PREPAREDNESS FOR AND RESPONSE TO BIOTERRORISM 
              AND OTHER PUBLIC HEALTH AND MEDICAL EMERGENCIES.

    (a) Findings.--The Congress finds as follows:
            (1) The National Response Plan developed pursuant to 
        section 502(6) of the Homeland Security Act of 2002 (6 U.S.C. 
        312(6)) designates the Department of Health and Human Services 
        as the primary agency for purposes of emergency support 
        function 8.
            (2) The purpose of emergency support function 8 is to 
        provide a mechanism for coordinated Federal assistance to 
        supplement State, local, and tribal resources for public health 
        and medical needs relating to potential and actual Incidents of 
        National Significance and other potential public health and 
        medical situations.
    (b) Primary Agency.--Section 2811 of the Public Health Service Act 
(42 U.S.C. 300hh-11) is amended--
            (1) by redesignating subsections (c) through (h) as 
        subsections (d) through (i), respectively;
            (2) in paragraphs (1) and (2) of subsection (e), by 
        striking the term ``subsection (d)'' each place such term 
        appears and inserting ``subsection (e)''; and
            (3) by inserting after subsection (b) the following:
    ``(c) Primary Agency.--The Department of Health and Human Services 
shall be the primary agency for the coordination of Federal assistance 
to supplement State, local, and tribal resources for preparing for, or 
responding to, a bioterrorist attack or other public health or medical 
emergency.''.
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