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112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     112-24

======================================================================




                 DENTAL EMERGENCY RESPONDER ACT OF 2011

                                _______
                                

 March 2, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

         Mr. Upton, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 570]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 570) to amend the Public Health Service Act to 
enhance the roles of dentists and allied dental personnel in 
the Nation's disaster response framework, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
Statement of General Performance Goals and Objectives............     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Earmark..........................................................     3
Committee Cost Estimate..........................................     3
Congressional Budget Office Estimate.............................     3
Federal Mandates Statement.......................................     4
Advisory Committee Statement.....................................     4
Constitutional Authority Statement...............................      
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     5

                          Purpose and Summary

    H.R. 570, the ``Dental Emergency Responder Act of 2011'', 
was introduced on February 9, 2011, by Rep. Michael Burgess (R-
TX) and subsequently referred to the Committee on Energy and 
Commerce.
    The goal of H.R. 570 is to include dental professionals and 
facilities into various components of the nation's emergency 
response preparedness framework.

                  Background and Need for Legislation

    Recent disasters--the terrorist attacks of September 11, 
2001, and Hurricanes Katrina and Rita--have made clear the 
critical need for a prepared, robust national medical response 
structure. Currently, however, the term ``medical responder'' 
(as used in relevant disaster-related federal law) does not 
include an important part of such a structure--dentists, allied 
dental personnel, and dental facilities. These individuals and 
offices are both eager and willing to participate and otherwise 
assist in supporting medical and public health responses to 
disasters. The purpose of this legislation is to provide them 
with the statutory authority to do so. With minimal additional 
training, they could readily fit into an all-hazards emergency 
healthcare response effort.
    The House passed legislation similar to H.R. 570 in the 
111th Congress (H.R. 111-647). No further action was taken on 
the legislation during that Congress.

                                Hearings

    The Committee on Energy and Commerce has not held hearings 
on the legislation.

                        Committee Consideration

    H.R. 570, the ``Dental Emergency Responder Act of 2011'', 
was introduced by Rep. Michael Burgess on February 9, 2011, and 
referred to the Committee on Energy and Commerce. The bill was 
subsequently referred to the Subcommittee on Health on February 
9, 2011. The Subcommittee met in open markup session to 
consider H.R. 570 on February 11, 2011. H.R. 570 was adopted by 
a voice vote. Subsequently, H.R. 570 was forwarded to the full 
Committee.
    On February 15, 2011, the Committee on Energy and Commerce 
met in open markup session and considered H.R. 570 as approved 
by the Subcommittee. There were no amendments offered in full 
Committee and subsequently the Committee ordered H.R. 570 
favorably reported to the House, as approved by the 
Subcommittee on Health, by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 570 reported. A motion by Mr. Upton to order H.R. 570 
reported to the House, without amendment, was agreed to by a 
voice vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the oversight findings and 
recommendations of the Committee are reflected in the 
descriptive portions of this report, including the finding that 
dentists, allied dental personnel, and dental facilities should 
be incorporated into the nation's emergency response 
preparedness framework.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the performance goals and 
objectives of the Committee are reflected in the descriptive 
portions of this report, including the goal to incorporate 
dentists, allied dental personnel, and dental facilities into 
the nation's emergency response preparedness framework.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the analysis of H.R. 570 prepared by the Director of the 
Congressional Budget Office.

                                Earmark

    In compliance clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 570, the ``Dental Emergency Responder 
Act of 2011,'' contains no earmarks.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                                 February 25, 2011.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 570, the Dental 
Emergency Responder Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa Ramirez-
Branum.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 570--Dental Emergency Responder Act of 2011

    H.R. 570 would amend the responsibilities of federal 
agencies tasked with developing and implementing the National 
Health Security Strategy under the Public Health Service Act 
and the National Response Plan under the Homeland Security Act 
of 2002. The bill would direct the Secretary of Health and 
Human Services to include, under the preparedness goals of the 
National Health Security Strategy, dental health facilities as 
entities to prepare for and respond to public health 
emergencies. The bill also would include dental personnel 
within the definition of emergency response provider and 
require federal agencies with responsibilities under the 
National Response Plan to address the preparedness and 
deployment of dental resources.
    Based on the cost of similar requirements, CBO estimates 
that implementing H.R. 570 would have a negligible impact on 
federal spending over the next five years; any additional 
spending would be subject to the availability of appropriated 
funds. Enacting this legislation would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    H.R. 570 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Lisa Ramirez-
Branum. The estimate was approved by Holly Harvey, Deputy 
Assistant Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title; table of contents

    Section 1 designates the short title of the Act as the 
``Dental Emergency Responder Act of 2011''.

Section 2. Dental emergency responders: public health and medical 
        response

    Section 2(a) amends section 2802(b)(3) of the Public Health 
Service Act to include dental health facilities in the National 
Health Security Strategy.
    Section 2(b) amends section 319F(a)(5)(B) of the Public 
Health Service Act to include dental entities in the All-
Hazards Public Health and Medical Response Curricula and 
Training.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

PUBLIC HEALTH SERVICE ACT

           *       *       *       *       *       *       *



TITLE III--GENERAL POWERS AND DUTIES OF PUBLIC HEALTH SERVICE

           *       *       *       *       *       *       *



Part B--Federal-State Cooperation

           *       *       *       *       *       *       *



SEC. 319F. PUBLIC HEALTH COUNTERMEASURES TO A BIOTERRORIST ATTACK.

  (a) All-Hazards Public Health and Medical Response Curricula 
and Training.--
          (1) * * *

           *       *       *       *       *       *       *

          (5) Dissemination and training.--
                  (A) * * *
                  (B) Certain entities.--The education and 
                training activities described in subparagraph 
                (A) may be carried out by Federal [public 
                health or medical] public health, medical, or 
                dental entities, appropriate educational 
                entities, professional organizations and 
                societies, private accrediting organizations, 
                and other nonprofit institutions or entities 
                meeting criteria established by the Secretary.

           *       *       *       *       *       *       *


   TITLE XXVIII--NATIONAL ALL-HAZARDS PREPAREDNESS FOR PUBLIC HEALTH 
                              EMERGENCIES

 Subtitle A--National All-Hazards Preparedness and Response Planning, 
Coordinating, and Reporting

           *       *       *       *       *       *       *


SEC. 2802. NATIONAL HEALTH SECURITY STRATEGY.

  (a) * * *
  (b) Preparedness Goals.--The National Health Security 
Strategy shall include provisions in furtherance of the 
following:
          (1) * * *

           *       *       *       *       *       *       *

          (3) Medical.--Increasing the preparedness, response 
        capabilities, and surge capacity of hospitals, other 
        health care facilities (including mental health 
        facilities and which may include dental health 
        facilities), and trauma care and emergency medical 
        service systems, with respect to public health 
        emergencies, which shall include developing plans for 
        the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) Effective utilization of any available 
                public and private mobile medical assets (which 
                may include such dental health assets) and 
                integration of other Federal assets.

           *       *       *       *       *       *       *