H. R. 3253—6
‘‘§ 1785. Care and services during certain disasters and emer-
gencies
‘‘(a) AUTHORITY TO PROVIDE HOSPITAL CARE
AND MEDICAL
SERVICES.—During and immediately following a disaster or emer-
gency referred to in subsection (b), the Secretary may furnish hos-
pital care and medical services to individuals responding to,
involved in, or otherwise affected by that disaster or emergency.
‘‘(b) COVERED DISASTERS
AND EMERGENCIES.—A disaster or
emergency referred to in this subsection is any disaster or emer-
gency as follows:
‘‘(1) A major disaster or emergency declared by the Presi-
dent under the Robert B. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.).
‘‘(2) A disaster or emergency in which the National 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 Secretary of Health and Human Services under para-
graph (3)(A) of that section or as otherwise authorized by
law.
‘‘(c) APPLICABILITY TO ELIGIBLE INDIVIDUALS WHO ARE VET-
ERANS.—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 enrollment under section 1705 of this title.
‘‘(d) REIMBURSEMENT FROM OTHER FEDERAL DEPARTMENTS AND
AGENCIES.—(1) The cost of any care or services furnished under
this section to an officer or employee 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 Collections 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 Secretary 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 Senate and the House of Representatives a report on the
Secretary’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.’’.
(b) MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY.—Section
8111A(a) of such title is amended—
(1) by redesignating paragraph (2) as paragraph (4);
(2) by designating the second sentence of paragraph (1)
as paragraph (3); and
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(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 emer-
gency 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 involved in that disaster or emer-
gency.
‘‘(B) A disaster or emergency referred to in this subparagraph
is any disaster or emergency as follows:
‘‘(i) A major disaster or emergency declared by the Presi-
dent under the Robert B. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.).
‘‘(ii) A disaster or emergency in which the National 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 Secretary of Health and Human Services under para-
graph (3)(A) of that section or as otherwise authorized by
law.’’.
SEC. 5. INCREASE IN NUMBER OF ASSISTANT SECRETARIES OF VET-
ERANS 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 enforce-
ment functions.’’.
(c) NUMBER OF DEPUTY ASSISTANT SECRETARIES.—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 Secre-
taries, Department of Veterans Affairs’’ and inserting ‘‘(7)’’.
SEC. 6. CODIFICATION OF DUTIES OF SECRETARY OF VETERANS
AFFAIRS RELATING TO EMERGENCY PREPAREDNESS.
(a) IN GENERAL.—(1) Subchapter I of chapter 81 of title 38,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 8117. Emergency preparedness
‘‘(a) READINESS OF DEPARTMENT MEDICAL CENTERS.—(1) The
Secretary shall take appropriate actions to provide for the readiness
of Department medical centers to protect the patients and staff
of such centers from chemical or biological attack or otherwise
to respond to such an attack so as to enable such centers to
fulfill their obligations as part of the Federal response to public
health emergencies.
‘‘(2) Actions under paragraph (1) shall include—
‘‘(A) the provision of decontamination equipment and per-
sonal protection equipment at Department medical centers;
and
‘‘(B) the provision of training in the use of such equipment
to staff of such centers.
‘‘(b) SECURITY AT DEPARTMENT MEDICAL AND RESEARCH FACILI-
TIES.—(1) The Secretary shall take appropriate actions to provide
H. R. 3253—8
for the security of Department medical centers and research facili-
ties, including staff and patients at such centers and facilities.
‘‘(2) In taking actions under paragraph (1), the Secretary shall
take into account the results of the evaluation of the security
needs at Department medical centers and research facilities
required by section 154(b)(1) of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (Public Law
107–188; 116 Stat. 631), including the results of such evaluation
relating to the following needs:
‘‘(A) Needs for the protection of patients and medical staff
during emergencies, including a chemical or biological attack
or other terrorist attack.
‘‘(B) Needs, if any, for screening personnel engaged in
research relating to biological pathogens or agents, including
work associated with such research.
‘‘(C) Needs for securing laboratories or other facilities
engaged in research relating to biological pathogens or agents.
‘‘(c) TRACKING OF PHARMACEUTICALS AND MEDICAL SUPPLIES
AND EQUIPMENT.—The Secretary shall develop and maintain a cen-
tralized system for tracking the current location and availability
of pharmaceuticals, medical supplies, and medical equipment
throughout the Department health care system in order to permit
the ready identification and utilization of such pharmaceuticals,
supplies, and equipment for a variety of purposes, including
response to a chemical or biological attack or other terrorist attack.
‘‘(d) TRAINING.—The Secretary shall ensure that the Depart-
ment medical centers, in consultation with the accredited medical
school affiliates of such medical centers, develop and implement
curricula to train resident physicians and health care personnel
in medical matters relating to biological, chemical, or radiological
attacks or attacks from an incendiary or other explosive weapon.
‘‘(e) PARTICIPATION IN NATIONAL DISASTER MEDICAL SYSTEM.—
(1) The Secretary shall establish and maintain a training program
to facilitate the participation of the staff of Department medical
centers, and of the community partners of such centers, in the
National Disaster Medical System established pursuant to section
2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b)).
‘‘(2) The Secretary shall establish and maintain the training
program under paragraph (1) in accordance with the recommenda-
tions of the working group on the prevention, preparedness, and
response to bioterrorism and other public health emergencies estab-
lished under section 319F(a) of the Public Health Service Act (42
U.S.C. 247d–6(a)).
‘‘(3) The Secretary shall establish and maintain the training
program under paragraph (1) in consultation with the following:
‘‘(A) The Secretary of Defense.
‘‘(B) The Secretary of Health and Human Services.
‘‘(C) The Director of the Federal Emergency Management
Agency.
‘‘(f) MENTAL HEALTH COUNSELING.—(1) With respect to activi-
ties conducted by personnel serving at Department medical centers,
the Secretary shall develop and maintain various strategies for
providing mental health counseling and assistance, including coun-
seling and assistance for post-traumatic stress disorder, following
a bioterrorist attack or other public health emergency to the fol-
lowing persons:
‘‘(A) Veterans.
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‘‘(B) Local and community emergency response providers.
‘‘(C) Active duty military personnel.
‘‘(D) Individuals seeking care at Department medical cen-
ters.
‘‘(2) The strategies under paragraph (1) shall include the fol-
lowing:
‘‘(A) Training and certification of providers of mental health
counseling and assistance.
‘‘(B) Mechanisms for coordinating the provision of mental
health counseling and assistance to emergency response pro-
viders referred to in paragraph (1).
‘‘(3) The Secretary shall develop and maintain the strategies
under paragraph (1) in consultation with the Secretary of Health
and Human Services, the American Red Cross, and the working
group referred to in subsection (e)(2).’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 8116
the following new item:
‘‘8117. Emergency preparedness.’’.
(b) REPEAL OF CODIFIED PROVISIONS.—Subsections (a), (b)(2),
(c), (d), (e), and (f) of section 154 of the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002 (Public
Law 107–188; 38 U.S.C. note prec. 8101) are repealed.
(c) CONFORMING AMENDMENTS.—Subsection (g) of such section
is amended—
(1) in paragraph (1), by inserting ‘‘of section 8117 of title
38, United States Code’’ after ‘‘subsection (a)’’; and
(2) in paragraph (2), by striking ‘‘subsections (b) through
(f)’’ and inserting ‘‘subsection (b)(1) of this section and sub-
sections (b) through (f) of section 8117 of title 38, United
States Code’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.