II 

111TH CONGRESS 

1ST SESSION S. 2864 

To provide for the enhancement of United States preparedness for outbreaks 

of infectious disease to protect homeland security. 

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 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 ‘‘Defense Against Infec5 tious Diseases Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ALTERNATIVE MEDICAL CARE FACILITY.— 

9 The term ‘‘alternative medical care facility’’ means 


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1 a site capable of meeting medical surge capacity 

2 needs. 

3 (2) COMMISSIONED CORPS OF THE PUBLIC

4 HEALTH SERVICE.—The term ‘‘Commissioned Corps 

5 of the Public Health Service’’ means the Regular 

6 Corps and the Reserve Corps of the Public Health 

7 Service established under section 203 of the Public 

8 Health Service Act (42 U.S.C. 204). 

9 (3) MEDICAL RESERVE CORPS.—The term 

10 ‘‘Medical Reserve Corps’’ means the Medical Reserve 

11 Corps established under section 2813 of the Public 

12 Health Service Act (42 U.S.C. 300hh–15). 

13 (4) MEDICAL SURGE.—The term ‘‘medical 

14 surge’’ means the response capabilities needed for 

15 increased demand of medical resources which sur16 pass normal resource capacities or capabilities. 

17 (5) METROPOLITAN MEDICAL RESPONSE SYS18 TEM.—The term ‘‘Metropolitan Medical Response 

19 System’’ means the Metropolitan Medical Response 

20 System established under section 635 of the Post21 Katrina Emergency Management Reform Act of 

22 2006 (6 U.S.C. 723). 

23 (6) SUBSISTENCE SUPPLIES.—The term ‘‘sub24 sistence supplies’’ means the food, water, medicine, 


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1 and sanitation products necessary for subsistence of 

2 disaster population and pets. 

3 (7) SOCIAL DISTANCING.—The term ‘‘social 

4 distancing’’ means community infection control 

5 measures comprised of a variety of non-pharma6 ceutical strategies designed to limit the transmission 

7 of pandemic influenza and other highly infectious 

8 diseases and thus permit additional time until suffi9 cient supplies of vaccines, antivirals, or other appli10 cable medical countermeasures become available to 

11 support a mass response effort. 

12 SEC. 3. STATE AND LOCAL GOVERNMENT INCLUSION IN 

13 PLANNING. 

14 (a) IN GENERAL.—Not later than 30 days after the 

15 date of enactment of this Act, the President, or the des16 ignee of the President, shall convene a consortium of rep17 resentatives of State, local, and tribal governments, in18 cluding representatives of State, local, and tribal intergov19 ernmental and health organizations, to assess the ade20 quacy of guidance for State and local government planning 

21 in the National Strategy for Pandemic Flu and the Na22 tional Strategy for Pandemic Influenza Implementation 

23 Plan. 

24 (b) UPDATE OF THE STRATEGY AND PLAN.—Not 

25 later than 1 year after the convening of the consortium 


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1 described under subsection (a), and every 4 years there2 after, the President, or the designee of the President, shall 

3 convene another consortium with representatives described 

4 under that subsection to review and update the National 

5 Strategy for Pandemic Flu and the National Strategy for 

6 Pandemic Influenza Implementation Plan. 

7 SEC. 4. SURVEY OF ALTERNATIVE MEDICAL CARE FACILI8 TIES. 

9 (a) IN GENERAL.—The Secretary of Health and 

10 Human Services, in coordination with the Secretary of 

11 Homeland Security, shall conduct a survey to identify ap12 propriate alternative medical care facilities, including aca13 demic, military, and private sector venues for the prophy14 laxis for, and treatment of, infectious diseases outbreaks. 

15 (b) REPORT.—Not later than 1 year after the date 

16 of enactment of this Act, the Secretary of Health and 

17 Human Services shall submit a report on the survey con18 ducted under subsection (a) to the appropriate committees 

19 of the Senate and House of Representatives. 

20 SEC. 5. ACQUISITION AND DISTRIBUTION OF SUBSISTENCE 

21 SUPPLIES. 

22 The Secretary of Homeland Security shall identify 

23 the specific resources, including subsistence supplies and 

24 personnel, that may be required to support the implemen25 tation of strategies for social distancing and medical surge 


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1 during a federally declared emergency or major disaster 

2 to prevent the introduction, transmission, and spread of 

3 communicable disease and ensure the proper delivery of 

4 crisis and medical care. 

5 SEC. 6. FEDERAL PREPAREDNESS FOR INFECTIOUS DIS6 EASE OUTBREAKS AND BIOLOGICAL AT7 TACKS. 

8 Not later than 1 year after the date of enactment 

9 of this Act, the Government Accountability Office shall 

10 submit a report to the appropriate committees of the Sen11 ate and House of Representatives that describes the roles 

12 and responsibilities, capabilities, and coordination of Fed13 eral assets for medical response to infectious disease out14 breaks or biological attacks, including those roles, respon15 sibilities, and capabilities relating to— 

16 (1) the Office of Health Affairs of the Depart17 ment of Homeland Security; 

18 (2) the Metropolitan Medical Response System 

19 of the Department of Homeland Security; 

20 (3) the Office of the Assistant Secretary for 

21 Preparedness and Response of the Department of 

22 Health and Human Services; 

23 (4) the Medical Reserve Corps; 

24 (5) the Commissioned Corps of the Public 

25 Health Service; and 


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1 (6) the National Disaster Medical System. 

Æ 


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