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 con-
cerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Health and 
Medical Emergency Coordination Act of 2006’’. 
VerDate Aug 31 2005 
00:31 May 24, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5438.IH
H5438
hmoore on PROD1PC68 with HMBILLS
SEC. 2. TRANSFER OF NATIONAL DISASTER MEDICAL SYS-
TEM. 
(a) AMENDMENT
TO PUBLIC HEALTH SERVICE 
ACT.—Section 2811(b) of the Public Health Service Act 
(42 U.S.C. 300hh–11(b)) is amended by adding at the end 
the following: 
‘‘(4) TRANSFER.—Upon the transfer of the 
functions, personnel, assets, and liabilities of the Na-
tional Disaster Medical System as required by sec-
tion 2(b) of the Public Health and Medical Emer-
gency Coordination Act of 2006, this section shall be 
in effect as if sections 502(3)(B) and 503(5) of the 
Homeland Security Act of 2002 had not been en-
acted.’’. 
(b) TRANSFER.—Not later than 9 months after the 
date of the enactment of this Act, the functions, personnel, 
assets, and liabilities of the National Disaster Medical 
System shall be transferred to the Department of Health 
and Human Services. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘assets’’ includes contracts, facili-
ties, property, records, unobligated or unexpended 
balances of appropriations, and other funds or re-
sources (other than personnel). 
VerDate Aug 31 2005 
00:31 May 24, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5438.IH
H5438
hmoore on PROD1PC68 with HMBILLS
(2) The term ‘‘functions’’ includes authorities, 
powers, rights, privileges, immunities, programs, 
projects, activities, duties, and responsibilities. 
(3) The term ‘‘personnel’’ means officers and 
employees. 
(d) 
CONFORMING
AMENDMENTS.—Sections 
502(3)(B) and 503(5) of the Homeland Security Act of 
2002 (6 U.S.C. 312(3)(B), 313(5)) are amended by strik-
ing the term ‘‘, the National Disaster Medical System,’’ 
each place such term appears. 
SEC. 3. COORDINATION OF PREPAREDNESS FOR AND RE-
SPONSE TO BIOTERRORISM AND OTHER PUB-
LIC HEALTH AND MEDICAL EMERGENCIES. 
(a) FINDINGS.—The Congress finds as follows: 
(1) The National Response Plan developed pur-
suant to section 502(6) of the Homeland Security 
Act of 2002 (6 U.S.C. 312(6)) designates the De-
partment of Health and Human Services as the pri-
mary agency for purposes of emergency support 
function 8. 
(2) The purpose of emergency support function 
8 is to provide a mechanism for coordinated Federal 
assistance to supplement State, local, and tribal re-
sources for public health and medical needs relating 
to potential and actual Incidents of National Signifi-
VerDate Aug 31 2005 
00:31 May 24, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5438.IH
H5438
hmoore on PROD1PC68 with HMBILLS
cance and other potential public health and medical 
situations. 
(b) PRIMARY AGENCY.—Section 2811 of the Public 
Health Service Act (42 U.S.C. 300hh–11) is amended— 
(1) by redesignating subsections (c) through (h) 
as subsections (d) through (i), respectively; 
(2) in paragraphs (1) and (2) of subsection (e), 
by striking the term ‘‘subsection (d)’’ each place 
such term appears and inserting ‘‘subsection (e)’’; 
and 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) PRIMARY AGENCY.—The Department of Health 
and Human Services shall be the primary agency for the 
coordination of Federal assistance to supplement State, 
local, and tribal resources for preparing for, or responding 
to, a bioterrorist attack or other public health or medical 
emergency.’’. 
Æ 
VerDate Aug 31 2005 
00:31 May 24, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H5438.IH
H5438
hmoore on PROD1PC68 with HMBILLS