107TH CONGRESS
2D SESSION
H.R. 3253
HOUSE AMENDMENT TO
SENATE AMENDMENTS
In the House of Representatives, U. S.,
September 17, 2002.
Resolved, That the House agree to the amendments of
the Senate to the bill (H.R. 3253) entitled ‘‘An Act to amend
title 38, United States Code, to provide for the establishment
within the Department of Veterans Affairs of improved emer-
gency medical preparedness, research, and education pro-
grams to combat terrorism, and for other purposes’’, with the
following
HOUSE AMENDMENT TO SENATE AMENDMENTS:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert
the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Veterans
Affairs Emergency Preparedness Act of 2002’’.
SEC. 2. ESTABLISHMENT OF MEDICAL EMERGENCY PRE-
PAREDNESS CENTERS AT DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTERS.
(a) IN GENERAL.—(1) Subchapter II of chapter 73 of
title 38, United States Code, is amended by adding at the
end the following new section:
‘‘§ 7325. Medical emergency preparedness centers
‘‘(a) ESTABLISHMENT
OF CENTERS.—(1) The Sec-
retary shall establish four medical emergency preparedness
centers in accordance with this section. Each such center
shall be established at a Department medical center and
shall be staffed by Department employees.
‘‘(2) The Under Secretary for Health shall be respon-
sible for supervising the operation of the centers established
under this section. The Under Secretary shall provide for
ongoing evaluation of the centers and their compliance with
the requirements of this section.
‘‘(3) The Under Secretary shall carry out the Under
Secretary’s functions under paragraph (2) in consultation
with the Assistant Secretary of Veterans Affairs with re-
sponsibility for operations, preparedness, security, and law
enforcement functions.
‘‘(b) MISSION.—The mission of the centers shall be as
follows:
‘‘(1) To carry out research on, and to develop
methods of detection, diagnosis, prevention, and treat-
ment of injuries, diseases, and illnesses arising from
the use of chemical, biological, radiological, incen-
diary or other explosive weapons or devices posing
threats to the public health and safety.
‘‘(2) To provide education, training, and advice
to health care professionals, including health care pro-
fessionals outside the Veterans Health Administration,
through the National Disaster Medical System estab-
lished pursuant to section 2811(b) of the Public
Health Service Act (42 U.S.C. 300hh–11(b)) or
through interagency agreements entered into by the
Secretary for that purpose.
‘‘(3) In the event of a disaster or emergency re-
ferred to in section 1785(b) of this title, to provide
such laboratory, epidemiological, medical, or other as-
sistance as the Secretary considers appropriate to
Federal, State, and local health care agencies and
personnel involved in or responding to the disaster or
emergency.
‘‘(c) SELECTION
OF CENTERS.—(1) The Secretary
shall select the sites for the centers on the basis of a competi-
tive selection process. The Secretary may not designate a
site as a location for a center under this section unless the
Secretary makes a finding under paragraph (2) with re-
spect to the proposal for the designation of such site. To
the maximum extent practicable, the Secretary shall ensure
the geographic dispersal of the sites throughout the United
States. Any such center may be a consortium of efforts of
more than one medical center.
‘‘(2) A finding by the Secretary referred to in para-
graph (1) with respect to a proposal for designation of a
‘‘(C) An arrangement under which nursing, so-
cial work, counseling, or allied health personnel and
students receive training and education in recog-
nizing and caring for conditions associated with ex-
posures to toxins through the participating Depart-
ment facilities.
‘‘(D) The ability to attract scientists who have
made significant contributions to the development of
innovative approaches to the detection, diagnosis, pre-
vention, or treatment of injuries, diseases, and ill-
nesses arising from the use of chemical, biological, ra-
diological, incendiary or other explosive weapons or
devices posing threats to the public health and safety.
‘‘(3) For purposes of paragraph (2)(A)—
‘‘(A) a qualifying medical school is an accredited
medical school that provides education and training
in toxicology and environmental health hazards and
with which one or more of the participating Depart-
ment medical centers is affiliated; and
‘‘(B) a qualifying school of public health is an
accredited school of public health that provides edu-
cation and training in toxicology and environmental
health hazards and with which one or more of the
participating Department medical centers is affili-
ated.
‘‘(d) RESEARCH ACTIVITIES.—Each center shall con-
duct research on improved medical preparedness to protect
the Nation from threats in the area of that center’s exper-
tise. Each center may seek research funds from public and
private sources for such purpose.
‘‘(e) DISSEMINATION OF RESEARCH PRODUCTS.—(1)
The Under Secretary for Health and the Assistant Secretary
with responsibility for operations, preparedness, security,
and law enforcement functions shall ensure that informa-
tion produced by the research, education and training, and
clinical activities of centers established under this section
is made available, as appropriate, to health-care providers
in the United States. Dissemination of such information
shall be made through publications, through programs of
continuing medical and related education provided through
regional medical education centers under subchapter VI of
chapter 74 of this title, and through other means. Such pro-
grams of continuing medical education shall receive pri-
ority in the award of funding.
‘‘(2) The Secretary shall ensure that the work of the
centers is conducted in close coordination with other Fed-
eral departments and agencies and that research products
or other information of the centers shall be coordinated and
shared with other Federal departments and agencies.
‘‘(f) COORDINATION OF ACTIVITIES.—The Secretary
shall take appropriate actions to ensure that the work of
each center is carried out—
‘‘(1) in close coordination with the Department
of Defense, the Department of Health and Human
Services, and other departments, agencies, and ele-
ments of the Government charged with coordination of
plans for United States homeland security; and
‘‘(2) after taking into consideration applicable
recommendations of the working group on the preven-
tion, preparedness, and response to bioterrorism and
other public health emergencies established under sec-
tion 319F(a) of the Public Health Service Act (42
U.S.C. 247d–6(a)) or any other joint interagency ad-
visory group or committee designated by the President
or the President’s designee to coordinate Federal re-
search on weapons of mass destruction.
‘‘(g) ASSISTANCE TO OTHER AGENCIES.—The Sec-
retary may provide assistance requested by appropriate
Federal, State, and local civil and criminal authorities in
investigations, inquiries, and data analyses as necessary to
protect the public safety and prevent or obviate biological,
chemical, or radiological threats.
‘‘(h) DETAIL OF EMPLOYEES FROM OTHER AGEN-
CIES.—Upon approval by the Secretary, the Director of a
center may request the temporary assignment or detail to
the center, on a nonreimbursable basis, of employees from
other departments and agencies of the United States who
have expertise that would further the mission of the center.
Any such employee may be so assigned or detailed on a
nonreimbursable basis pursuant to such a request.
‘‘(i) FUNDING.—(1) Amounts appropriated for the ac-
tivities of the centers under this section shall be appro-
priated separately from amounts appropriated for the De-
partment for medical care.
‘‘(2) In addition to funds appropriated for a fiscal
year specifically for the activities of the centers pursuant
to paragraph (1), the Under Secretary for Health shall allo-
cate to such centers from other funds appropriated for that
fiscal year generally for the Department medical care ac-
count and the Department medical and prosthetics research
account such amounts as the Under Secretary determines
appropriate to carry out the purposes of this section. Any
determination by the Under Secretary under the preceding
sentence shall be made in consultation with the Assistant
Secretary with responsibility for operations, preparedness,
security, and law enforcement functions.
‘‘(3) There are authorized to be appropriated for the
centers under this section $20,000,000 for each of fiscal
years 2003 through 2007.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
7324 the following new item:
‘‘7325. Medical emergency preparedness centers.’’.
(b) PEER REVIEW FOR DESIGNATION OF CENTERS.—
(1) In order to assist the Secretary of Veterans Affairs and
the Under Secretary of Veterans Affairs for Health in select-
ing sites for centers under section 7325 of title 38, United
States Code, as added by subsection (a), the Under Sec-
retary shall establish a peer review panel to assess the sci-
entific and clinical merit of proposals that are submitted
to the Secretary for the designation of such centers. The peer
review panel shall be established in consultation with the
Assistant Secretary of Veterans Affairs with responsibility
for operations, preparedness, security, and law enforcement
functions.
(2) The peer review panel shall include experts in the
fields of toxicological research, infectious diseases, radi-
ology, clinical care of patients exposed to such hazards, and
other persons as determined appropriate by the Secretary.
Members of the panel shall serve as consultants to the De-
partment of Veterans Affairs.
(3) The panel shall review each proposal submitted to
the panel by the officials referred to in paragraph (1) and
shall submit to the Under Secretary for Health its views
on the relative scientific and clinical merit of each such pro-
posal. The panel shall specifically determine with respect
to each such proposal whether that proposal is among those
proposals which have met the highest competitive standards
of scientific and clinical merit.
(4) The panel shall not be subject to the Federal Advi-
sory Committee Act (5 U.S.C. App.).
SEC. 3. EDUCATION AND TRAINING PROGRAMS ON MED-
ICAL RESPONSES TO CONSEQUENCES OF
TERRORIST ACTIVITIES.
(a) IN GENERAL.—(1) Subchapter II of chapter 73 of
title 38, United States Code, is amended by adding after
section 7325, as added by section 2(a)(1), the following new
section:
‘‘§ 7326. Education and training programs on medical
response to consequences of terrorist ac-
tivities
‘‘(a) EDUCATION
PROGRAM.—The Secretary shall
carry out a program to develop and disseminate a series
of model education and training programs on the medical
responses to the consequences of terrorist activities.
‘‘(b) IMPLEMENTING OFFICIAL.—The program shall be
carried out through the Under Secretary for Health, in con-
sultation with the Assistant Secretary of Veterans Affairs
with responsibility for operations, preparedness, security,
and law enforcement functions.