text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``National Capital Area Physician 
  Emergency Assistance Act''.
  
  SEC. 2. CERTAIN LEGAL WAIVERS IN NATIONAL CAPITAL AREA REGARDING 
                PROVISION OF ASSISTANCE DURING PUBLIC HEALTH EMERGENCIES.
  
      (a) Declaration by President.--If the President declares that a 
  public health emergency is in effect in the National Capital Area, then 
  during the period in which the emergency is in effect, any physician 
  who holds a valid medical license issued by an Area State government--
              (1) may provide, in any part of such Area, health services 
          to victims of the emergency to the same extent as the physician 
          is authorized to provide health services within the 
          jurisdiction of the Area State government that issued the 
          license, notwithstanding the law of the other Area State 
          governments; and
              (2) is not liable for any harm caused by any act or 
          omission of the physician in providing, in any part of such 
          Area, health services to victims of the emergency, 
          notwithstanding the law of any of the Area State governments, 
          unless the harm is caused by willful or criminal misconduct, 
          gross negligence, reckless misconduct, or a conscious, flagrant 
          indifference to the rights or safety of others.
      (b) Declaration by Chief Executive Official of Area State 
  Government.--
              (1) Maryland.--For any period during which a public health 
          emergency is in effect in an Area portion of the State of 
          Maryland, pursuant to a qualifying declaration by the Governor 
          of Maryland, subsection (a) applies to health services provided 
          within such Area portion by a physician who holds a valid 
          medical license issued by an Area State government to the same 
          extent and in the same manner as such subsection would apply 
          within the entire National Capital Area if the President were 
          to declare a public health emergency for the National Capital 
          Area under such subsection.
              (2) Virginia.--For any period during which a public health 
          emergency is in effect in an Area portion of the State of 
          Virginia, pursuant to a qualifying declaration by the Governor 
          of Virginia, subsection (a) applies to health services provided 
          within such Area portion by a physician who holds a valid 
          medical license issued by an Area State government to the same 
          extent and in the same manner as such subsection would apply 
          within the entire National Capital Area if the President were 
          to declare a public health emergency for the National Capital 
          Area under such subsection.
              (3) District of columbia.--For any period during which a 
          public health emergency is in effect in the District of 
          Columbia, pursuant to a qualifying declaration by the Mayor of 
          such District, subsection (a) applies to health services 
          provided within the District by a physician who holds a valid 
          medical license issued by an Area State government to the same 
          extent and in the same manner as such subsection would apply 
          within the entire National Capital Area if the President were 
          to declare a public health emergency for the National Capital 
          Area under such subsection.
              (4) Qualifying declaration.--
                      (A) In general.--A declaration by the Governor of 
                  Maryland, the Governor of Virginia, or the Mayor of the 
                  District of Columbia, as the case may be, that a public 
                  health emergency is in effect is, for purposes of this 
                  subsection, a qualifying declaration if--
                              (i) before officially declaring such 
                          emergency, such chief executive official 
                          notifies the Secretary of Health and 
  Human Services of the intent to officially declare the emergency; and
                              (ii) the Secretary does not, within 12 
                          hours after such official provides the notice, 
                          inform the official that the Secretary has 
                          disapproved the declaration on the basis that 
                          the Secretary has determined that the 
                          declaration is not necessary to protect the 
                          public health.
                      (B) Delegation of functions of secretary.--The 
                  Secretary of Health and Human Services may, temporarily 
                  or otherwise, delegate the functions of the Secretary 
                  under subparagraph (A) to the Assistant Secretary for 
                  Health or any of the heads of the agencies of the 
                  Public Health Service.
              (5) Relationship between declarations.--With respect to the 
          public health emergency involved, a declaration by the 
          President under subsection (a), including the period in which 
          the emergency is declared to be in effect, supersedes any 
          declaration under this subsection by the Governor of Maryland, 
          the Governor of Virginia, or the Mayor of the District of 
          Columbia.
  
  SEC. 3. EMERGENCY SYSTEM IN NATIONAL CAPITAL AREA FOR VERIFICATION OF 
                CREDENTIALS OF PHYSICIAN VOLUNTEERS.
  
      (a) In General.--The Secretary of Health and Human Services shall, 
  directly or through an award of a grant, contract, or cooperative 
  agreement, establish and maintain a system for verifying the 
  credentials, licenses, and hospital privileges of individuals who, 
  during a public health emergency in the National Capital Area or 
  portion thereof as declared under section 2, volunteer to serve in such 
  Area as physicians (referred to in this section as the ``verification 
  system''). In carrying out the preceding sentence, the Secretary shall 
  provide for an electronic database for the verification system.
      (b) Certain Criteria.--The Secretary shall establish criteria 
  regarding the verification system under subsection (a), including 
  provisions regarding the promptness and efficiency of the system in 
  collecting, storing, updating, and disseminating information on the 
  credentials, licenses, accreditations, and hospital privileges of 
  volunteers described in subsection (a).
      (c) Advance Registration of Volunteers.--In order to facilitate the 
  availability of physicians during a public health emergency in the 
  National Capital Area, the Secretary shall provide for the advance 
  registration with the system of physicians who are willing to serve as 
  volunteers described in subsection (a), and may carry out activities to 
  encourage physicians to register with the system.
      (d) Other Assistance.--The Secretary may make grants and provide 
  technical assistance to Area State governments and other public or 
  nonprofit private entities for activities relating to the verification 
  system developed under subsection (a).
      (e) Rule of Construction.--This section may not be construed as 
  authorizing the Secretary to issue requirements regarding the provision 
  by the Area State governments of credentials, licenses, accreditations, 
  or hospital privileges.
      (f) Authorization of Appropriations.--For the purpose of carrying 
  out this section, there are authorized to be appropriated $2,000,000 
  for fiscal year 2003, and such sums as may be necessary for each of the 
  fiscal years 2004 through 2007.
  
  SEC. 4. DEFINITIONS.
  
      For purposes of this Act:
              (1) The term ``Area portion'' means the portion of the 
          State of Maryland or the State of Virginia, as the case may be, 
          that is within the National Capital Area.
              (2) The term ``Area State governments'' means the 
          governments of the States of Maryland and Virginia and the 
          government of the District of Columbia.
              (3) The term ``National Capital Area'' means--
                      (A) the District of Columbia;
                      (B) the counties of Montgomery and Prince George's 
                  in the State of Maryland;
                      (C) the cities of Alexandria, Fairfax, Falls 
                  Church, and Manassas in the State of Virginia, and the 
                  counties of Arlington, Fairfax, Loudon, and Prince 
                  William in such State; and
                      (D) such additional jurisdictions in the State of 
                  Maryland or Virginia as the President may designate in 
                  a declaration under subsection (a) that a public health 
                  emergency is in effect.
              (4) The term ``Secretary'' means the Secretary of Health 
          and Human Services.
target: National Capital Area Physician Emergency Assistance Act - Permits physicians licensed in Virginia, Maryland, or the District of Columbia to provide services to victims of emergencies in any of such jurisdictions regardless of the jurisdiction of their licensure whenever and wherever a public health emergency is declared by the relevant Governor or Mayor or by the President for the entire National Capital Area.Protects physicians from liability for all but willful, criminal, or reckless misconduct, gross negligence, or a conscious, flagrant indifference to the rights or safety of others while performing such volunteer emergency service.Directs the Secretary of Health and Human Services to provide an advance registration system for physician volunteers which verifies their credentials, licences, and hospital privileges.
feat_title: To establish certain legal waivers for physicians who provide assistance in the National Capital Area during any period in which a public health emergency is in effect in such Area.