IB
Union Calendar No. 282
107TH CONGRESS
2D SESSION
H. R. 3253
[Report No. 107–471]
To amend title 38, United States Code, to provide for the establishment
of emergency medical preparedness centers in the Department of Vet-
erans Affairs.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 8, 2001
Mr. SMITH of New Jersey (for himself, Mr. EVANS, Mr. BILIRAKIS, Mr.
RODRIGUEZ, Mr. BUYER, and Mr. STEARNS) introduced the following
bill; which was referred to the Committee on Veterans’ Affairs
MAY 16, 2002
Additional sponsors: Mr. COOKSEY, Mr. FERGUSON, Mr. FILNER, Mr. UDALL
of New Mexico, Ms. BERKLEY, Mr. SHOWS, Mr. SIMPSON, Mr. JEFF
MILLER of Florida, and Mrs. DAVIS of California
MAY 16, 2002
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 8, 2001]
A BILL
To amend title 38, United States Code, to provide for the
establishment of emergency medical preparedness centers
in the Department of Veterans Affairs.
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 ‘‘Department of Veterans
Affairs Emergency Preparedness Research, Education, and
Bio-Terrorism Prevention Act of 2002’’.
SEC. 2. ESTABLISHMENT OF EMERGENCY MEDICAL PRE-
PAREDNESS CENTERS.
(a) IN GENERAL.—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 at least four medical emergency pre-
paredness 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
pursuant to 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 for Veterans Affairs with re-
sponsibility for operations, preparedness, and security.
‘‘(b) MISSION.—The mission of the centers shall be—
‘‘(1) to carry out research on and develop meth-
ods of detection, diagnosis, vaccination, protection,
and treatment for chemical, biological, and radio-
logical 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;
and
‘‘(3) to provide contingent rapid response labora-
tory assistance and other assistance to local health
care authorities in the event of a national emergency.
‘‘(c) CENTER DIRECTORS.—Each center shall have a
Director with (1) expertise in managing organizations that
deal with threats referred to in subsection (b), (2) expertise
in providing care to populations exposed to toxic sub-
stances, or (3) significant research experience in those fields.
‘‘(d) SELECTION
OF CENTERS.—(1) The Secretary
shall select the sites for the centers on the basis of a competi-
tive selection process and a finding under paragraph (2).
The centers selected shall be located in different regions of
the Nation, and any such center may be a consortium of
efforts of more than one medical center. At least one of the
centers shall be established to concentrate on chemical
threats, at least one shall be established to concentrate on
biological threats, and at least one shall be established to
concentrate on radiological threats.
‘‘(2) The finding referred to in paragraph (1) with re-
spect to a proposal for designation of a site as a location
of a center under this section is a finding by the Secretary,
upon the recommendations of the Under Secretary for
Health and the Assistant Secretary with responsibility for
operations, preparedness, and security, that the facility or
facilities submitting the proposal have developed (or may
reasonably be anticipated to develop) each of the following:
‘‘(A) An arrangement with a qualifying medical
school and a qualifying school of public health (or a
consortium of such schools) under which physicians
and other persons in the health field receive education
and training through the participating Department
medical centers so as to provide those persons with
training in the diagnosis and treatment of illnesses
induced by exposures to toxins, including chemical
and biological substances and nuclear ionizing radi-
ation.
‘‘(B) An arrangement with an accredited grad-
uate program of epidemiology under which students
receive education and training in epidemiology
through the participating Department facilities so as
to provide such students with training in the epide-
miology of contagious and infectious diseases and
chemical and radiation poisoning in an exposed pop-
ulation.
‘‘(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, vac-
cination, protection, or treatment of persons exposed
to chemical, biological, or radiological substances.
‘‘(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.
‘‘(e) FUNDING.—(1) Amounts appropriated for the ac-
tivities of the centers shall be appropriated separately from
amounts appropriated for the Department for medical care.
‘‘(2) There are authorized to be appropriated for the
centers under this section $20,000,000 for each of fiscal
years 2003 through 2007.
‘‘(3) In addition to funds appropriated for a fiscal
year pursuant to the authorization of appropriations in
paragraph (2), the Under Secretary for Health shall allo-
cate to such centers from other funds appropriated for that
fiscal year generally for the Department of Veterans Affairs
medical care account and the Department of Veterans Af-
fairs medical and prosthetics research account such
amounts as the Under Secretary for Health determines ap-
propriate to carry out the purposes of this section. Any de-
termination by the Under Secretary under the preceding
sentence shall be made in consultation with the Assistant
Secretary with responsibility for operations, preparedness,
and security.
‘‘(f) 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.
‘‘(g) PEER REVIEW PANEL.—(1) In order to provide
advice to assist the Secretary and the Under Secretary for
Health to carry out their responsibilities under this section,
the Under Secretary shall establish a peer review panel to
assess the scientific and clinical merit of proposals that are
submitted to the Secretary for the designation of centers
under this section. The peer review shall be established in
consultation with the Assistant Secretary with responsi-
bility for operations, preparedness, and security.
‘‘(2) The peer review panel shall include experts in the
fields of toxicological research, bio-hazards management
education and training, radiology, 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 Department.
‘‘(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 proposal. The panel shall specifically determine with
respect to each such proposal whether that proposal is
among those proposals which have met the highest competi-
tive 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.).
‘‘(h) RESEARCH PRODUCTS.—(1) The Under Secretary
for Health and the Assistant Secretary with responsibility
for operations, preparedness, and security shall ensure that
information produced by the research, education and train-
ing, 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 infor-
mation shall be made through publications, through pro-
grams of continuing medical and related education pro-
vided through regional medical education centers under
subchapter VI of chapter 74 of this title, and through other
means. Such programs of continuing medical education
shall receive priority 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.
‘‘(i) 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.
‘‘(j) 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. The du-
ration of any such assignment or detail shall be subject to
approval by the Office of Personnel Management.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 7324 the following new item:
‘‘7325. Medical emergency preparedness centers.’’.
SEC. 3. ESTABLISHMENT OF EMERGENCY MEDICAL EDU-
CATION PROGRAM.
(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), the following new
section:
‘‘§ 7326. Emergency health and medical education:
joint program with Department of Defense
‘‘(a) JOINT EDUCATION PROGRAM.—The Secretary
and the Secretary of Defense shall carry out a joint pro-
gram to develop and disseminate a series of model education
and training programs on the medical responses to the con-
sequences of terrorist activities. The Secretaries shall enter
into an agreement for a partnership to implement the joint
program.
‘‘(b) IMPLEMENTING ENTITIES.—Within the Depart-
ment of Veterans Affairs, the joint program shall be carried
out through the Under Secretary for Health, in consultation
with the Assistant Secretary of Veterans Affairs with re-
sponsibility for operations, preparedness, and security.
Within the Department of Defense, the joint program shall
be carried out through the F. Edward Hebe´rt School of Med-
icine of the Uniformed Services University of the Health
Sciences.
‘‘(c) CONTENT
OF PROGRAMS.—The education and
training programs developed under the joint program shall
be based on programs established at the F. Edward Hebe´rt
School of Medicine and shall include, at a minimum, train-
ing for health care professionals in the following:
‘‘(1) Recognition of chemical, biological, and ra-
diological agents that may be used in terrorist activi-
ties.
‘‘(2) Identification of the potential symptoms of
those agents.
‘‘(3) Understanding of the potential long-term
health consequences, including psychological effects,
resulting from exposure to those agents.
‘‘(4) Emergency treatment for exposure to those
agents.
‘‘(5) An appropriate course of followup treat-
ment, supportive care, and referral.
‘‘(6) Actions that can be taken while providing
care for exposure to those agents to protect against
contamination.
‘‘(7) Information on how to seek consultative
support and to report suspected or actual use of those
agents.
‘‘(d) POTENTIAL TRAINEES.—In designing the edu-
cation and training programs under this section, the Secre-
taries shall ensure that different programs are designed for
health-care professionals at various levels. The programs
shall be designed to be disseminated to health professions
students, graduate health and medical education trainees,
and health practitioners in a variety of fields.
‘‘(e) CONSULTATION.—In establishing the joint edu-
cation and training program under this section, the two
Secretaries shall consult with appropriate representatives
of accrediting, certifying, and coordinating organizations
in the field of health professions education.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
7325, as added by section 2(b), the following new item:
‘‘7326. Emergency health and medical education: joint program with Department
of Defense.’’.
(b) EFFECTIVE DATE.—The Secretary of Veterans Af-
fairs and the Secretary of Defense shall implement section
7326 of title 38, United States Code, as added by subsection
(a), not later than the end of the 90-day period beginning
on the date of the enactment of this Act.
SEC. 4. INCREASE IN NUMBER OF ASSISTANT SECRETARIES
OF VETERANS AFFAIRS.
(a) INCREASE.—Subsection (a) of section 308 of title
38, United States Code, is amended by striking ‘‘six’’ in
the first sentence and inserting ‘‘seven’’.
(b) FUNCTIONS.—subsection (b) of such section is
amended by adding at the end the following new paragraph:
‘‘(11) Operations, preparedness, security, and
law enforcement functions.’’.
(c) CONFORMING AMENDMENT.—Section 5315 of title
5, United States Code, is amended by striking ‘‘(6)’’ after
‘‘Assistant Secretaries, Department of Veterans Affairs’’
and inserting ‘‘(7)’’.
Amend the title so as to read: ‘‘A bill to amend title
38, United States Code, to provide for the establishment
within the Department of Veterans Affairs of improved
emergency medical preparedness, research, and education
programs to combat terrorism, and for other purposes.’’.
Union Calendar No. 282
107TH CONGRESS
2D SESSION
H. R. 3253
[Report No. 107–471]
A BILL
To amend title 38, United States Code, to provide
for the establishment of emergency medical pre-
paredness centers in the Department of Veterans
Affairs.
MAY 16, 2002
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed