I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Health and 

5 Medical Emergency Coordination Act of 2006’’. 


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1 SEC. 2. TRANSFER OF NATIONAL DISASTER MEDICAL SYS2 TEM. 

3 (a) AMENDMENT TO PUBLIC HEALTH SERVICE

4 ACT.—Section 2811(b) of the Public Health Service Act 

5 (42 U.S.C. 300hh–11(b)) is amended by adding at the end 

6 the following: 

7 ‘‘(4) TRANSFER.—Upon the transfer of the 

8 functions, personnel, assets, and liabilities of the Na9 tional Disaster Medical System as required by sec10 tion 2(b) of the Public Health and Medical Emer11 gency Coordination Act of 2006, this section shall be 

12 in effect as if sections 502(3)(B) and 503(5) of the 

13 Homeland Security Act of 2002 had not been en14 acted.’’. 

15 (b) TRANSFER.—Not later than 9 months after the 

16 date of the enactment of this Act, the functions, personnel, 

17 assets, and liabilities of the National Disaster Medical 

18 System shall be transferred to the Department of Health 

19 and Human Services. 

20 (c) DEFINITIONS.—For purposes of this section: 

21 (1) The term ‘‘assets’’ includes contracts, facili22 ties, property, records, unobligated or unexpended 

23 balances of appropriations, and other funds or re24 sources (other than personnel). 


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1 (2) The term ‘‘functions’’ includes authorities, 

2 powers, rights, privileges, immunities, programs, 

3 projects, activities, duties, and responsibilities. 

4 (3) The term ‘‘personnel’’ means officers and 

5 employees. 

6 (d) CONFORMING AMENDMENTS.—Sections 

7 502(3)(B) and 503(5) of the Homeland Security Act of 

8 2002 (6 U.S.C. 312(3)(B), 313(5)) are amended by strik9 ing the term ‘‘, the National Disaster Medical System,’’ 

10 each place such term appears. 

11 SEC. 3. COORDINATION OF PREPAREDNESS FOR AND RE12 SPONSE TO BIOTERRORISM AND OTHER PUB13 LIC HEALTH AND MEDICAL EMERGENCIES. 

14 (a) FINDINGS.—The Congress finds as follows: 

15 (1) The National Response Plan developed pur16 suant to section 502(6) of the Homeland Security 

17 Act of 2002 (6 U.S.C. 312(6)) designates the De18 partment of Health and Human Services as the pri19 mary agency for purposes of emergency support 

20 function 8. 

21 (2) The purpose of emergency support function 

22 8 is to provide a mechanism for coordinated Federal 

23 assistance to supplement State, local, and tribal re24 sources for public health and medical needs relating 

25 to potential and actual Incidents of National SignifiVerDate Aug 31 2005 00:31 May 24, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5438.IH H5438

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1 cance and other potential public health and medical 

2 situations. 

3 (b) PRIMARY AGENCY.—Section 2811 of the Public 

4 Health Service Act (42 U.S.C. 300hh–11) is amended— 

5 (1) by redesignating subsections (c) through (h) 

6 as subsections (d) through (i), respectively; 

7 (2) in paragraphs (1) and (2) of subsection (e), 

8 by striking the term ‘‘subsection (d)’’ each place 

9 such term appears and inserting ‘‘subsection (e)’’; 

10 and 

11 (3) by inserting after subsection (b) the fol12 lowing: 

13 ‘‘(c) PRIMARY AGENCY.—The Department of Health 

14 and Human Services shall be the primary agency for the 

15 coordination of Federal assistance to supplement State, 

16 local, and tribal resources for preparing for, or responding 

17 to, a bioterrorist attack or other public health or medical 

18 emergency.’’. 

Æ 


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