II 

116TH CONGRESS 

1ST SESSION S. 11 

To amend the Public Health Service Act to strengthen the National Disaster 

Medical System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 3, 2019 

Mr. RUBIO (for himself and Mr. CORNYN) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To amend the Public Health Service Act to strengthen the 

National Disaster Medical System, 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 ‘‘Strengthening the Na5 tional Disaster Medical System Act of 2019’’. 

6 SEC. 2. NATIONAL DISASTER MEDICAL SYSTEM. 

7 (a) STRENGTHENING THE NATIONAL DISASTER

8 MEDICAL SYSTEM.—Clause (ii) of section 2812(a)(3)(A) 

9 of the Public Health Service Act (42 U.S.C. 300hh– 

10 11(a)(3)(A)) is amended to read as follows: 


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1 ‘‘(ii) be present at locations, and for 

2 limited periods of time, specified by the 

3 Secretary on the basis that the Secretary 

4 has determined that a location is at risk of 

5 a public health emergency during the time 

6 specified, or there is a significant potential 

7 for a public health emergency.’’. 

8 (b) REVIEW OF THE NATIONAL DISASTER MEDICAL

9 SYSTEM.—Section 2812(b)(2) of the Public Health Serv10 ice Act (42 U.S.C. 300hh–11(b)(2)) is amended to read 

11 as follows: 

12 ‘‘(2) JOINT REVIEW AND MEDICAL SURGE CA13 PACITY STRATEGIC PLAN.— 

14 ‘‘(A) REVIEW.—Not later than 180 days 

15 after the date of enactment of the Strength16 ening the National Disaster Medical System 

17 Act of 2019, the Secretary, in coordination with 

18 the Secretary of Homeland Security, the Sec19 retary of Defense, and the Secretary of Vet20 erans Affairs, shall conduct a joint review of 

21 the National Disaster Medical System. Such re22 view shall include— 

23 ‘‘(i) an evaluation of medical surge ca24 pacity, as described in section 2803(a); 


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1 ‘‘(ii) an assessment of the available 

2 workforce of the intermittent disaster re3 sponse personnel described in subsection 

4 (c); 

5 ‘‘(iii) the capacity of the workforce de6 scribed in clause (ii) to respond to all haz7 ards, including the capacity to simulta8 neously respond to multiple public health 

9 emergencies and the capacity to respond to 

10 a nationwide public health emergency; 

11 ‘‘(iv) the effectiveness of efforts to re12 cruit, retain, and train such workforce; and 

13 ‘‘(v) gaps that may exist in such 

14 workforce and recommendations for ad15 dressing such gaps. 

16 ‘‘(B) UPDATES.—As part of the National 

17 Health Security Strategy under section 2802, 

18 the Secretary shall update the findings from the 

19 review under subparagraph (A) and provide rec20 ommendations to modify the policies of the Na21 tional Disaster Medical System as necessary.’’. 

22 (c) NOTIFICATION OF SHORTAGE.—Section 2812(c) 

23 of the Public Health Service Act (42 U.S.C. 300hh–11(c)) 

24 is amended by adding at the end the following: 


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1 ‘‘(3) NOTIFICATION.—Not later than 30 days 

2 after the date on which the Secretary determines the 

3 number of intermittent disaster-response personnel 

4 of the National Disaster Medical System is insuffi5 cient to address a public health emergency or poten6 tial public health emergency, the Secretary shall sub7 mit to the congressional committees of jurisdiction a 

8 notification detailing— 

9 ‘‘(A) the impact such shortage could have 

10 on meeting public health needs and emergency 

11 medical personnel needs during a public health 

12 emergency; and 

13 ‘‘(B) any identified measures to address 

14 such shortage. 

15 ‘‘(4) CERTAIN APPOINTMENTS.— 

16 ‘‘(A) IN GENERAL.—If the Secretary deter17 mines that the number of intermittent disaster 

18 response personnel within the National Disaster 

19 Medical System under this section is insuffi20 cient to address a public health emergency or 

21 potential public health emergency, the Secretary 

22 may appoint candidates directly to personnel 

23 positions for intermittent disaster response 

24 within such system without regard to the provi25 sions of sections 3309 through 3318 of title 5, 


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1 United States Code. The Secretary shall provide 

2 updates on the number of vacant or unfilled po3 sitions within such system to the congressional 

4 committees of jurisdiction each quarter for 

5 which this authority is in effect. 

6 ‘‘(B) SUNSET.—The authority under this 

7 paragraph shall expire on September 30, 

8 2022.’’. 

Æ 


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