IV 
107TH CONGRESS 
2D SESSION 
H. RES. 526
Providing for the concurrence by the House with an amendment in the 
amendments of the Senate to H.R. 3253. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 17, 2002
Mr. SMITH of New Jersey submitted the following resolution; which was 
considered and agreed to 
RESOLUTION 
Providing for the concurrence by the House with an 
amendment in the amendments of the Senate to H.R. 3253.
Resolved, That, upon the adoption of this resolution, 
the House shall be considered to have taken from the 
Speaker’s table the bill H.R. 3253, with the Senate 
amendments thereto, and to have concurred in the Senate 
amendment to the title of the bill and to have concurred 
in the Senate amendment to the text of the bill with the 
following amendment: 
In lieu of the matter proposed to be inserted by the 
amendment of the Senate to the text of the bill, insert 
the following:
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Vet-
erans 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 prepared-
ness 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 estab-
lished under this section. The Under Secretary shall pro-
vide for ongoing evaluation of the centers and their com-
pliance 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.
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‘‘(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 
treatment of injuries, diseases, and illnesses arising 
from the use of chemical, biological, radiological, in-
cendiary or other explosive weapons or devices pos-
ing threats to the public health and safety. 
‘‘(2) To provide education, training, and advice 
to health care professionals, including health care 
professionals outside the Veterans Health Adminis-
tration, through the National Disaster Medical Sys-
tem established 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 
assistance 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 com-
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petitive selection process. The Secretary may not des-
ignate a site as a location for a center under this section 
unless the Secretary makes a finding under paragraph (2) 
with respect to the proposal for the designation of such 
site. To the maximum extent practicable, the Secretary 
shall ensure the geographic dispersal of the sites through-
out the United States. Any such center may be a consor-
tium 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 site as a location of a center under this section is a find-
ing by the Secretary, upon the recommendations of the 
Under Secretary for Health and the Assistant Secretary 
with responsibility for operations, preparedness, security, 
and law enforcement functions, that the facility or facili-
ties submitting the proposal have developed (or may rea-
sonably 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 edu-
cation and training through the participating De-
partment medical facilities so as to provide those 
persons with training in the detection, diagnosis, 
prevention, and treatment of injuries, diseases, and
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‘‘(3) For purposes of paragraph (2)(A)—
‘‘(A) a qualifying medical school is an accred-
ited medical school that provides education and 
training in toxicology and environmental health haz-
ards and with which one or more of the participating 
Department 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 Sec-
retary with responsibility for operations, preparedness, se-
curity, and law enforcement functions shall ensure that 
information 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
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information shall be made through publications, through 
programs 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 edu-
cation 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. 
‘‘(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 pre-
vention, preparedness, and response to bioterrorism 
and other public health emergencies established 
under section 319F(a) of the Public Health Service 
Act (42 U.S.C. 247d–6(a)) or any other joint inter-
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agency advisory group or committee designated by 
the President or the President’s designee to coordi-
nate Federal research on weapons of mass destruc-
tion. 
‘‘(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 biologi-
cal, 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 
activities 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
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allocate to such centers from other funds appropriated for 
that fiscal year generally for the Department medical care 
account and the Department medical and prosthetics re-
search account such amounts as the Under Secretary de-
termines appropriate to carry out the purposes of this sec-
tion. Any determination by the Under Secretary under the 
preceding sentence shall be made in consultation with the 
Assistant Secretary with responsibility for operations, pre-
paredness, 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 
chapter 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 CEN-
TERS.—(1) In order to assist the Secretary of Veterans 
Affairs and the Under Secretary of Veterans Affairs for 
Health in selecting sites for centers under section 7325 
of title 38, United States Code, as added by subsection 
(a), the Under Secretary shall establish a peer review 
panel to assess the scientific and clinical merit of pro-
posals that are submitted to the Secretary for the designa-
tion of such centers. The peer review panel shall be estab-
lished in consultation with the Assistant Secretary of Vet-
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erans Affairs with responsibility for operations, prepared-
ness, 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 Sec-
retary. Members of the panel shall serve as consultants 
to the Department 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 proposal. The panel shall specifically determine with 
respect to each such proposal whether that proposal is 
among those proposals which have met the highest com-
petitive standards of scientific and clinical merit. 
(4) The panel shall not be subject to the Federal Ad-
visory 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 fol-
lowing new section:
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‘‘§ 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 consultation with the Assistant Secretary of Veterans 
Affairs with responsibility for operations, preparedness, 
security, and law enforcement functions. 
‘‘(c) CONTENT OF PROGRAMS.—The education and 
training programs developed under the program shall be 
modelled after programs established at the F. Edward 
Hebe´rt School of Medicine of the Uniformed Services Uni-
versity of the Health Sciences and shall include, at a min-
imum, training for health care professionals in the fol-
lowing: 
‘‘(1) Recognition of chemical, biological, radio-
logical, incendiary, or other explosive agents, weap-
ons, or devices that may be used in terrorist activi-
ties. 
‘‘(2) Identification of the potential symptoms of 
exposure to those agents.
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‘‘(3) Understanding of the potential long-term 
health consequences, including psychological effects, 
resulting from exposure to those agents, weapons, or 
devices. 
‘‘(4) Emergency treatment for exposure to 
those agents, weapons, or devices. 
‘‘(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, weapons, or de-
vices to protect against contamination, injury, or 
other hazards from such exposure. 
‘‘(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 Sec-
retary shall ensure that different programs are designed 
for health-care professionals in Department medical cen-
ters. The programs shall be designed to be disseminated 
to health professions students, graduate health and med-
ical education trainees, and health practitioners in a vari-
ety of fields. 
‘‘(e) CONSULTATION.—In establishing education and 
training programs under this section, the Secretary shall
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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 
chapter is amended by inserting after the item relating 
to section 7325, as added by section 2(a)(2), the following 
new item:
‘‘7326. Education and training programs on medical response to consequences 
of terrorist activities.’’.
(b) EFFECTIVE DATE.—The Secretary of Veterans 
Affairs 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. AUTHORITY TO FURNISH HEALTH CARE DURING 
MAJOR DISASTERS AND MEDICAL EMER-
GENCIES. 
(a) IN GENERAL.—(1) Subchapter VIII of chapter 17 
of title 38, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 1785. Care and services during certain disasters 
and emergencies 
‘‘(a) AUTHORITY TO PROVIDE HOSPITAL CARE AND 
MEDICAL SERVICES.—During and immediately following 
a disaster or emergency referred to in subsection (b), the 
Secretary may furnish hospital care and medical services
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to individuals responding to, involved in, or otherwise af-
fected by that disaster or emergency. 
‘‘(b) COVERED DISASTERS AND EMERGENCIES.—A 
disaster or emergency referred to in this subsection is any 
disaster or emergency as follows: 
‘‘(1) A major disaster or emergency declared by 
the President under the Robert B. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.). 
‘‘(2) A disaster or emergency in which the Na-
tional Disaster Medical System established pursuant 
to section 2811(b) of the Public Health Service Act 
(42 U.S.C. 300hh–11(b)) is activated by the Sec-
retary of Health and Human Services under para-
graph (3)(A) of that section or as otherwise author-
ized by law. 
‘‘(c) APPLICABILITY TO ELIGIBLE INDIVIDUALS WHO 
ARE VETERANS.—The Secretary may furnish care and 
services under this section to an individual described in 
subsection (a) who is a veteran without regard to whether 
that individual is enrolled in the system of patient enroll-
ment under section 1705 of this title. 
‘‘(d) REIMBURSEMENT FROM OTHER FEDERAL DE-
PARTMENTS AND AGENCIES.—(1) The cost of any care or 
services furnished under this section to an officer or em-
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ployee of a department or agency of the United States 
other than the Department or to a member of the Armed 
Forces shall be reimbursed at such rates as may be agreed 
upon by the Secretary and the head of such department 
or agency or the Secretary concerned, in the case of a 
member of the Armed Forces, based on the cost of the 
care or service furnished. 
‘‘(2) Amounts received by the Department under this 
subsection shall be credited to the Medical Care Collec-
tions Fund under section 1729A of this title. 
‘‘(e) REPORT TO CONGRESSIONAL COMMITTEES.—
Within 60 days of the commencement of a disaster or 
emergency referred to in subsection (b) in which the Sec-
retary furnishes care and services under this section (or 
as soon thereafter as is practicable), the Secretary shall 
submit to the Committees on Veterans’ Affairs of the Sen-
ate and the House of Representatives a report on the Sec-
retary’s allocation of facilities and personnel in order to 
furnish such care and services. 
‘‘(f) REGULATIONS.—The Secretary shall prescribe 
regulations governing the exercise of the authority of the 
Secretary under this section.’’. 
(2) The table of sections at the beginning of that 
chapter is amended by adding at the end the following 
new item:
‘‘1785. Care and services during certain disasters and emergencies.’’.
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(b) MEMBERS OF THE ARMED FORCES ON ACTIVE 
DUTY.—Section 8111A(a) of such title is amended—
(1) by redesignating paragraph (2) as para-
graph (4); 
(2) by designating the second sentence of para-
graph (1) as paragraph (3); and 
(3) by inserting between paragraph (1) and 
paragraph (3), as designated by paragraph (2) of 
this subsection, the following new paragraph: 
‘‘(2)(A) During and immediately following a disaster 
or emergency referred to in subparagraph (B), the Sec-
retary may furnish hospital care and medical services to 
members of the Armed Forces on active duty responding 
to or involved in that disaster or emergency. 
‘‘(B) A disaster or emergency referred to in this sub-
paragraph is any disaster or emergency as follows: 
‘‘(i) A major disaster or emergency declared by 
the President under the Robert B. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.). 
‘‘(ii) A disaster or emergency in which the Na-
tional Disaster Medical System established pursuant 
to section 2811(b) of the Public Health Service Act 
(42 U.S.C. 300hh–11(b)) is activated by the Sec-
retary of Health and Human Services under para-
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graph (3)(A) of that section or as otherwise author-
ized by law.’’. 
SEC. 5. 10-YEAR EXTENSION OF EXPIRED AUTHORITY. 
Effective September 30, 2002, subsection (d) of sec-
tion 1722A of title 38, United States Code, is amended 
by striking ‘‘September 30, 2002’’ and inserting ‘‘Sep-
tember 30, 2012’’. 
SEC. 6. 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 para-
graph: 
‘‘(11) Operations, preparedness, security, and 
law enforcement functions.’’. 
(c) NUMBER
OF
DEPUTY
ASSISTANT
SECRE-
TARIES.—Subsection (d)(1) of such section is amended by 
striking ‘‘18’’ and inserting ‘‘19’’. 
(d) CONFORMING AMENDMENT.—Section 5315 of 
title 5, United States Code, is amended by striking ‘‘(6)’’ 
after ‘‘Assistant Secretaries, Department of Veterans Af-
fairs’’ and inserting ‘‘(7)’’.