II 111th CONGRESS 1st Session S. 2864 IN THE SENATE OF THE UNITED STATES December 10, 2009 Mr. Pryor introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the enhancement of United States preparedness for outbreaks of infectious disease to protect homeland security.

1.

Short title

This Act may be cited as the Defense Against Infectious Diseases Act of 2009.

2.

Definitions

In this Act: (1)

Alternative medical care facility

The term alternative medical care facility means a site capable of meeting medical surge capacity needs. (2)

Commissioned corps of the public health service

The term Commissioned Corps of the Public Health Service means the Regular Corps and the Reserve Corps of the Public Health Service established under section 203 of the Public Health Service Act (42 U.S.C. 204). (3)

Medical reserve corps

The term Medical Reserve Corps means the Medical Reserve Corps established under section 2813 of the Public Health Service Act (42 U.S.C. 300hh–15). (4)

Medical surge

The term medical surge means the response capabilities needed for increased demand of medical resources which surpass normal resource capacities or capabilities. (5)

Metropolitan medical response system

The term Metropolitan Medical Response System means the Metropolitan Medical Response System established under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723). (6)

Subsistence supplies

The term subsistence supplies means the food, water, medicine, and sanitation products necessary for subsistence of disaster population and pets. (7)

Social distancing

The term social distancing means community infection control measures comprised of a variety of non-pharmaceutical strategies designed to limit the transmission of pandemic influenza and other highly infectious diseases and thus permit additional time until sufficient supplies of vaccines, antivirals, or other applicable medical countermeasures become available to support a mass response effort.

3.

State and local government inclusion in planning

(a)

In general

Not later than 30 days after the date of enactment of this Act, the President, or the designee of the President, shall convene a consortium of representatives of State, local, and tribal governments, including representatives of State, local, and tribal intergovernmental and health organizations, to assess the adequacy of guidance for State and local government planning in the National Strategy for Pandemic Flu and the National Strategy for Pandemic Influenza Implementation Plan. (b)

Update of the strategy and plan

Not later than 1 year after the convening of the consortium described under subsection (a), and every 4 years thereafter, the President, or the designee of the President, shall convene another consortium with representatives described under that subsection to review and update the National Strategy for Pandemic Flu and the National Strategy for Pandemic Influenza Implementation Plan.

4.

Survey of alternative medical care facilities

(a)

In general

The Secretary of Health and Human Services, in coordination with the Secretary of Homeland Security, shall conduct a survey to identify appropriate alternative medical care facilities, including academic, military, and private sector venues for the prophylaxis for, and treatment of, infectious diseases outbreaks. (b)

Report

Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report on the survey conducted under subsection (a) to the appropriate committees of the Senate and House of Representatives.

5.

Acquisition and distribution of subsistence supplies

The Secretary of Homeland Security shall identify the specific resources, including subsistence supplies and personnel, that may be required to support the implementation of strategies for social distancing and medical surge during a federally declared emergency or major disaster to prevent the introduction, transmission, and spread of communicable disease and ensure the proper delivery of crisis and medical care.

6.

Federal preparedness for infectious disease outbreaks and biological attacks

Not later than 1 year after the date of enactment of this Act, the Government Accountability Office shall submit a report to the appropriate committees of the Senate and House of Representatives that describes the roles and responsibilities, capabilities, and coordination of Federal assets for medical response to infectious disease outbreaks or biological attacks, including those roles, responsibilities, and capabilities relating to— (1)the Office of Health Affairs of the Department of Homeland Security; (2)the Metropolitan Medical Response System of the Department of Homeland Security; (3)the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services; (4)the Medical Reserve Corps; (5)the Commissioned Corps of the Public Health Service; and (6)the National Disaster Medical System.