To amend the Public Health Service Act to provide for a National Disaster Medical System, and for other purposes.

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

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.

END