H. Res. 526
In the House of Representatives, U.S.,
September 17, 2002.
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 there-
to, and to have concurred in the Senate amendment to the
title of the bill and to have concurred in the Senate amend-
ment 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:
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:
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‘‘§ 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.
‘‘(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
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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-
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
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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
illnesses induced by exposures to chemical and bio-
logical substances, radiation, and incendiary or other
explosive weapons or devices.
‘‘(B) An arrangement with a graduate school
specializing in 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
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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,
prevention, or treatment of injuries, diseases, and ill-
nesses arising from the use of chemical, biological,
radiological, 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 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
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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
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
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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-
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
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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
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
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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-
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-
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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:
‘‘§ 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
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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.
‘‘(3) Understanding of the potential long-term
health consequences, including psychological effects,
resulting from exposure to those agents, weapons, or
devices.
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‘‘(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
consult with appropriate representatives of accrediting,
certifying, and coordinating organizations in the field of
health professions education.’’.
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(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
to individuals responding to, involved in, or otherwise af-
fected by that disaster or emergency.
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‘‘(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-
ployee of a department or agency of the United States
other than the Department or to a member of the Armed
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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.’’.
(b) MEMBERS OF THE ARMED FORCES ON ACTIVE
DUTY.—Section 8111A(a) of such title is amended—
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(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-
graph (3)(A) of that section or as otherwise author-
ized by law.’’.
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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)’’.