In the Senate of the United States,
August 1, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 3253) entitled ‘‘An Act to amend title 38, United
States Code, to provide for the establishment within the De-
partment of Veterans Affairs of improved emergency medical
preparedness, research, and education programs to combat
terrorism, and for other purposes.’’, do pass with the fol-
lowing
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘De-
partment of Veterans Affairs Emergency Preparedness Act
of 2002’’.
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(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I—MEDICAL EMERGENCY PREPAREDNESS
Sec. 101. Medical emergency preparedness centers in Veterans Health Adminis-
tration.
TITLE II—DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION
Sec. 201. Additional Assistant Secretary of Veterans Affairs and functions for As-
sistant Secretaries of Veterans Affairs.
Sec. 202. Additional Deputy Assistant Secretaries of Veterans Affairs.
TITLE III—HEALTH CARE MATTERS
Sec. 301. Authority to furnish health care during major disasters and medical
emergencies.
TITLE IV—RESEARCH CORPORATIONS
Sec. 401. Modification of certain authorities on research corporations.
Sec. 402. Coverage of research corporation personnel under Federal Tort Claims
Act and other tort claims laws.
Sec. 403. Permanent authority for research corporations.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 38, United States Code.
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TITLE I—MEDICAL EMERGENCY
PREPAREDNESS
SEC. 101. MEDICAL EMERGENCY PREPAREDNESS CENTERS
IN VETERANS HEALTH ADMINISTRATION.
(a) IN GENERAL.—(1) Subchapter II of chapter 73 is
amended by inserting after section 7320 the following new
section:
‘‘§ 7320A. Medical emergency preparedness centers
‘‘(a) The Secretary shall establish and maintain with-
in the Veterans Health Administration four centers for re-
search and activities on medical emergency preparedness.
‘‘(b) The purposes of each center established under sub-
section (a) shall be as follows:
‘‘(1) To carry out research on the detection, diag-
nosis, prevention, and treatment of injuries, diseases,
and illnesses arising from the use of chemical, biologi-
cal, radiological, or incendiary or other explosive
weapons or devices, including the development of
methods for the detection, diagnosis, prevention, and
treatment of such injuries, diseases, and illnesses.
‘‘(2) To provide to health-care professionals in
the Veterans Health Administration education, train-
ing, and advice on the treatment of the medical con-
sequences of the use of chemical, biological, radio-
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logical, or incendiary or other explosive weapons or
devices.
‘‘(3) Upon the direction of the Secretary, to pro-
vide education, training, and advice described in
paragraph (2) to health-care professionals outside the
Department through the National Disaster Medical
System or through interagency agreements entered
into by the Secretary for that purpose.
‘‘(4) In the event of a national emergency, to
provide such laboratory, epidemiological, medical, or
other assistance as the Secretary considers appro-
priate to Federal, State, and local health care agen-
cies and personnel involved in or responding to the
national emergency.
‘‘(c)(1) Each center established under subsection (a)
shall be established at an existing Department medical cen-
ter, whether at the Department medical center alone or at
a Department medical center acting as part of a consortium
of Department medical centers for purposes of this section.
‘‘(2) The Secretary shall select the sites for the centers
from among competitive proposals that are submitted by
Department medical centers seeking to be sites for such cen-
ters.
‘‘(3) The Secretary may not select a Department med-
ical center as the site of a center unless the proposal of the
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Department medical center under paragraph (2) provides
for—
‘‘(A) an arrangement with an accredited affili-
ated medical school and an accredited affiliated school
of public health (or a consortium of such schools)
under which physicians and other health care per-
sonnel of such schools receive education and training
through the Department medical center;
‘‘(B) an arrangement with an accredited grad-
uate program of epidemiology under which students
of the program receive education and training in epi-
demiology through the Department medical center;
and
‘‘(C) the capability to attract scientists who have
made significant contributions to innovative ap-
proaches to the detection, diagnosis, prevention, and
treatment of injuries, diseases, and illnesses arising
from the use of chemical, biological, radiological, or
incendiary or other explosive weapons or devices.
‘‘(4) In selecting sites for the centers, the Secretary
shall—
‘‘(A) utilize a peer review panel (consisting of
members with appropriate scientific and clinical ex-
pertise) to evaluate proposals submitted under para-
graph (2) for scientific and clinical merit; and
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‘‘(B) to the maximum extent practicable, ensure
the geographic dispersal of the sites throughout the
United States.
‘‘(d)(1) Each center established under subsection (a)
shall be administered jointly by the offices within the De-
partment that are responsible for directing research and for
directing medical emergency preparedness.
‘‘(2) The Secretary and the heads of the agencies con-
cerned shall take appropriate actions to ensure that the
work of each center is carried out—
‘‘(A) in close coordination with the Department
of Defense, Department of Health and Human Serv-
ices, Office of Homeland Security, and other depart-
ments, agencies, and elements of the Federal Govern-
ment charged with coordination of plans for United
States homeland security; and
‘‘(B) in accordance with any applicable rec-
ommendations of the Working Group on Bioterrorism
and Other Public Health Emergencies, or any other
joint interagency advisory groups or committees des-
ignated to coordinate Federal research on weapons of
mass destruction.
‘‘(e)(1) Each center established under subsection (a)
shall be staffed by officers and employees of the Department.
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‘‘(2) Subject to the approval of the head of the depart-
ment or agency concerned and the Director of the Office
of Personnel Management, an officer or employee of another
department or agency of the Federal Government may be
detailed to a center if the detail will assist the center in
carrying out activities under this section. Any detail under
this paragraph shall be on a non-reimbursable basis.
‘‘(f) In addition to any other activities under this sec-
tion, a center established under subsection (a) may, upon
the request of the agency concerned and with the approval
of the Secretary, provide assistance to Federal, State, and
local agencies (including criminal and civil investigative
agencies) engaged in investigations or inquiries intended to
protect the public safety or health or otherwise obviate
threats of the use of a chemical, biological, radiological, or
incendiary or other explosive weapon or device.
‘‘(g) Notwithstanding any other provision of law, each
center established under subsection (a) may, with the ap-
proval of the Secretary, solicit and accept contributions of
funds and other resources, including grants, for purposes
of the activities of such center under this section.’’.
(2) The table of sections at the beginning of chapter
73 is amended by inserting after the item relating to section
7320 the following new item:
‘‘7320A. Medical emergency preparedness centers.’’.
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(b) AUTHORIZATION OF APPROPRIATIONS.—(1) There
is hereby authorized to be appropriated for the Department
of Veterans Affairs amounts for the centers established
under section 7320A of title 38, United States Code (as
added by subsection (a)), $20,000,000 for each of fiscal
years 2003 through 2007.
(2) The amount authorized to be appropriated by
paragraph (1) is not authorized to be appropriated for the
Veterans Health Administration for Medical Care, but is
authorized to be appropriated for the Administration sepa-
rately and solely for purposes of the centers referred to in
that paragraph.
(3) Of the amount authorized to be appropriated by
paragraph (1) for a fiscal year, $5,000,000 shall be avail-
able for such fiscal year for each center referred to in that
paragraph.
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TITLE II—DEPARTMENT OF VET-
ERANS AFFAIRS ADMINISTRA-
TION
SEC. 201. ADDITIONAL ASSISTANT SECRETARY OF VET-
ERANS AFFAIRS AND FUNCTIONS FOR AS-
SISTANT SECRETARIES OF VETERANS AF-
FAIRS.
(a) INCREASE IN MAXIMUM AUTHORIZED NUMBER OF
ASSISTANT SECRETARIES OF VETERANS AFFAIRS.—Section
308(a) is amended by striking ‘‘six’’ and inserting ‘‘seven’’.
(b) ADDITIONAL AUTHORIZED FUNCTIONS.—Section
308(b) 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 the item re-
lating to Assistant Secretaries, Department of Veterans Af-
fairs and inserting the following new item:
‘‘Assistant Secretaries, Department of Veterans
Affairs (7)’’.
SEC. 202. ADDITIONAL DEPUTY ASSISTANT SECRETARIES
OF VETERANS AFFAIRS.
Section 308(d)(1) is amended by striking ‘‘18’’ and in-
serting ‘‘20’’.
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TITLE III—HEALTH CARE
MATTERS
SEC. 301. AUTHORITY TO FURNISH HEALTH CARE DURING
MAJOR 
DISASTERS 
AND 
MEDICAL 
EMER-
GENCIES.
(a) IN GENERAL.—(1) Subchapter VII of chapter 17
is amended by inserting after section 1784 the following
new section:
‘‘§ 1785. Care and services during major disasters and
medical emergencies
‘‘(a) During and immediately following a disaster or
emergency referred to in subsection (b), the Secretary may
furnish hospital care and medical services to individuals
responding to, involved in, or otherwise affected by such dis-
aster or emergency, as the case may be.
‘‘(b) A disaster or emergency referred to in this sub-
section 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 is activated.
‘‘(c) The Secretary may furnish care and services
under this section to veterans without regard to their enroll-
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ment in the system of annual patient enrollment under sec-
tion 1705 of this title.
‘‘(d) The Secretary may give a higher priority to the
furnishing of care and services under this section than to
the furnishing of care and services to any other group of
persons eligible for care and services in medical facilities
of the Department with the exception of—
‘‘(1) veterans with service-connected disabilities;
and
‘‘(2) members of the Armed Forces on active duty
who are furnished health-care services under section
8111A of this title.
‘‘(e)(1) The cost of any care or services furnished under
this section to an officer or employee of a department or
agency of the Federal Government other than the Depart-
ment shall be reimbursed at such rates as may be agreed
upon by the Secretary and the head of such department or
agency based on the cost of the care or service furnished.
‘‘(2) Amounts received by the Department under this
subsection shall be credited to the funds allotted to the De-
partment facility that furnished the care or services con-
cerned.
‘‘(f) 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
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soon thereafter as is practicable), the Secretary shall submit
to the Committees on Veterans’ Affairs of the Senate and
the House of Representatives a report on the Secretary’s al-
location of facilities and personnel in order to furnish such
care and services.
‘‘(g) The Secretary shall prescribe regulations gov-
erning the exercise of the authority of the Secretary under
this section.’’.
(2) The table of sections at the beginning of that chap-
ter is amended by inserting after the item relating to section
1784 the following new item:
‘‘1785. Care and services during major disasters and medical emergencies.’’.
(b) EXCEPTION FROM REQUIREMENT FOR CHARGES
FOR EMERGENCY CARE.—Section 1784 is amended by in-
serting ‘‘, except as provided in section 1785 of this title
with respect to a disaster or emergency covered by that sec-
tion,’’ after ‘‘but’’.
(c) MEMBERS OF THE ARMED FORCES.—Subsection
(a) of section 8111A is amended to read as follows:
‘‘(a)(1) During and immediately following a period of
war, or a period of national emergency declared by the
President or Congress that involves the use of the Armed
Forces in armed conflict, the Secretary may furnish hos-
pital care, nursing home care, and medical services to mem-
bers of the Armed Forces on active duty.
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‘‘(2)(A) During and immediately following a disaster
or emergency referred to in subparagraph (B), the Secretary
may furnish hospital care and medical services to members
of the Armed Forces on active duty responding to or in-
volved in such disaster or emergency, as the case may be.
‘‘(B) A disaster or emergency referred to in this sub-
paragraph is any disaster or emergency 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 is activated.
‘‘(3) The Secretary may give a higher priority to the
furnishing of care and services under this section than to
the furnishing of care and services to any other group of
persons eligible for care and services in medical facilities
of the Department with the exception of veterans with serv-
ice-connected disabilities.
‘‘(4) In this section, the terms ‘hospital care’, ‘nursing
home care’, and ‘medical services’ have the meanings given
such terms by sections 1701(5), 101(28), and 1701(6) of this
title, respectively.’’.
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TITLE IV—RESEARCH
CORPORATIONS
SEC. 401. MODIFICATION OF CERTAIN AUTHORITIES ON RE-
SEARCH CORPORATIONS.
(a) RESTATEMENT AND ENHANCEMENT OF AUTHORITY
ON AVAILABILITY OF FUNDS.—Section 7362 is amended—
(1) by redesignating subsection (b) as subsection
(c);
(2) by striking the second sentence of subsection
(a); and
(3) by inserting after subsection (a) the following
new subsection (b):
‘‘(b)(1) Any funds, other than funds appropriated for
the Department, that are received by the Secretary for the
conduct of research or education and training may be
transferred to and administered by a corporation estab-
lished under this subchapter for the purposes set forth in
subsection (a).
‘‘(2) Funds appropriated for the Department are
available for the conduct of research or education and train-
ing by a corporation, but only pursuant to the terms of
a contract or other agreement between the Department and
such corporation that is entered into in accordance with
applicable law and regulations.
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‘‘(3) A contract or agreement executed pursuant to
paragraph (2) or section 8153 of this title may facilitate
only research or education and training described in sub-
section (a). Such contract or agreement may not be executed
for the provision of a health-care resource unless such
health-care resource is related to such research or education
and training.’’.
(b) TREATMENT OF CORPORATIONS AS AFFILIATED IN-
STITUTIONS
FOR
SHARING
OF
HEALTH-CARE
RE-
SOURCES.—Section 8153(a)(3) is amended—
(1) by redesignating subparagraphs (C), (D),
and (E) as subsections (D), (E), and (F), respectively;
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C):
‘‘(C) If the resource required is research or education
and training (as that term is defined in section 7362(c)
of this title) and is to be acquired from a corporation estab-
lished under subchapter IV of chapter 73 of this title, the
Secretary may make arrangements for acquisition of the re-
source without regard to any law or regulation (including
any Executive order, circular, or other administrative pol-
icy) that would otherwise require the use of competitive pro-
cedures for acquiring the resource.’’;
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(3) in subparagraph (D), as so redesignated, by
striking ‘‘(A) or (B)’’ and inserting ‘‘(A), (B), or
(C)’’; and
(4) in subparagraph (E), as so redesignated, by
striking ‘‘(A)’’ and inserting ‘‘(A) or (B)’’.
SEC. 402. COVERAGE OF RESEARCH CORPORATION PER-
SONNEL UNDER FEDERAL TORT CLAIMS ACT
AND OTHER TORT CLAIMS LAWS.
(a) IN GENERAL.—Subchapter IV of chapter 73 is
amended by inserting after section 7364 the following new
section:
‘‘§ 7364A. Coverage of employees under certain Fed-
eral tort claims laws
‘‘(a) An employee of a corporation established under
this subchapter who is described by subsection (b) shall be
considered an employee of the government, or a medical care
employee of the Veterans Health Administration, for pur-
poses of the following provisions of law:
‘‘(1) Section 1346(b) of title 28.
‘‘(2) Chapter 171 of title 28.
‘‘(3) Section 7316 of this title.
‘‘(b) An employee described in this subsection is an em-
ployee who—
‘‘(1) has an appointment with the Department,
whether with or without compensation;
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‘‘(2) is directly or indirectly involved or engaged
in research or education and training that is ap-
proved in accordance with procedures established by
the Under Secretary for Health for research or edu-
cation and training; and
‘‘(3) performs such duties under the supervision
of Department personnel.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 73 is amended by inserting after
the item relating to section 7364 the following new item:
‘‘7364A. Coverage of employees under certain Federal tort claims laws.’’.
SEC. 403. PERMANENT AUTHORITY FOR RESEARCH COR-
PORATIONS.
(a) REPEAL OF SUNSET.—Section 7368 is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 73 is amended by striking the item
relating to section 7368.
Amend the title so as to read: ‘‘An Act to amend
title 38, United States Code, to enhance the emergency
preparedness of the Department of Veterans Affairs, and
for other purposes.’’.
Attest:
Secretary.