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.'.
END
