Department of Veterans Affairs Emergency Preparedness Act of 2002
PL 107-287 (H.R.3253), enacted 11/07/2002

116 STAT. 2024 
PUBLIC LAW 107-287—NOV. 7, 2002 
Public Law 107-287 
107th Congress 
Nov. 7, 2002 
[H.R. 3253] 
Department of 
Veterans Affairs 
Emergency 
Preparedness Act 
of2002. 
38 u s e 101 note. 
An Act 
To amend title 38, United States Code, to enhance emergency preparedness of 
the Department of Veterans Affairs, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
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 Act of 2002". 
SEC. 2. ESTABLISHMENT OF MEDICAL EMERGENCY PREPAREDNESS 
CENTERS AT DEPARTMENT OF VETERANS AFFAIRS MED-
ICAL 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 Secretary shall 
establish four medical emergency preparedness centers in accord-
ance 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 responsible for 
supervising the operation of the centers established under 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 of Veterans Affairs with responsibility 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, incendiary or other explosive weapons 
or devices posing 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 Administration, through the National Dis-
aster Medical System established pursuant to section 2811(b) 
of the Public Health Service Act (42 U.S.C. 300hh-ll(b)) or 
through interagency agreements entered into by the Secretary 
for that purpose. 
PUBLIC LAW 107-287—NOV. 1, 2002 
116 STAT. 2025 
"(3) In the event of a disaster or emergency referred 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 competitive selection 
process. The Secretary may not designate 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 throughout the 
United States. Any such center may be a consortium of efforts 
of more than one medical center. 
"(2) A finding by the Secretary referred to in paragraph (1) 
with respect 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, 
security, and law enforcement functions, 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 facilities so as to provide those persons 
with training in the detection, diagnosis, prevention, and treat-
ment of injuries, diseases, and illnesses induced by exposures 
to chemical and biological 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 
epidemiology of contagious and infectious diseases and chemical 
and radiation poisoning in an exposed population. 
"(C) An arrangement under which nursing, social work, 
counseling, or allied health personnel and students receive 
training and education in recognizing and caring for conditions 
associated with exposures to toxins through the participating 
Department facilities. 
"(D) The ability to attract scientists who have made signifi-
cant contributions to the development of innovative approaches 
to the detection, diagnosis, prevention, or treatment of injuries, 
diseases, and illnesses 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 accredited medical 
school that provides education and training in toxicology and 
environmental health hazards 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 education and training 
116 STAT. 2026 
PUBLIC LAW 107-287—NOV. 7, 2002 
in toxicology and environmental health hazards and with which 
one or more of the participating Department medical centers 
is affiliated. 
"(d) RESEARCH ACTIVITIES.—Each center shall conduct research 
on improved medical preparedness to protect the Nation from 
threats in the area of that center's expertise. Each center may 
seek research funds from public and private sources for such pur-
pose. 
"(e) DISSEMINATION OF RESEARCH PRODUCTS.—(1) The Under 
Secretary for Health and the Assistant Secretary with responsibility 
for operations, preparedness, security, and law enforcement func-
tions shall ensure that information produced by the research, edu-
cation 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 informa-
tion shall be made through publications, through programs of con-
tinuing medical and related education provided 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 Federal 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 elements of the 
Government 
charged with coordination of plans for United States homeland 
security; and 
"(2) after taking into consideration applicable recommenda-
tions of the working group on the prevention, preparedness, 
and response to bioterrorism and other public health emer-
gencies established under section 319F(a) of the Public Health 
Service Act (42 U.S.C. 247d-6(a)) or any other joint interagency 
advisory group or committee designated by the President or 
the President's designee to coordinate Federal research on 
weapons of mass destruction. 
"(g) ASSISTANCE TO OTHER AGENCIES.—The Secretary may pro-
vide 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. 
"(h) 
DETAIL OF EMPLOYEES FROM OTHER AGENCIES.—Upon 
approval by the Secretary, the Director of a center may request 
the temporary assignment or detail to the center, on a nonreimburs-
able 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 appropriated separately 
from amounts appropriated for the Department for medical care. 
note. 
PUBLIC LAW 107-287—NOV. 7, 2002 
116 STAT. 2027 
"(2) In addition to funds appropriated for a fiscal year specifi-
cally 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 research account such amounts as the Under Sec-
retary determines appropriate to carry out the purposes of this 
section. Any determination by the Under Secretary under the pre-
ceding sentence shall be made in consultation with the Assistant 
Secretary with responsibility for operations, preparedness, 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 CENTERS.—(1) In order Establishment. 
to assist the Secretary of Veterans Affairs and the Under Secretary 
38 USC 7325 
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 proposals that are sub-
mitted to the Secretary for the designation of such centers. The 
peer review panel shall be established in consultation with the 
Assistant Secretary of Veterans Affairs with responsibility for oper-
ations, preparedness, security, and law enforcement functions. 
(2) The peer review panel shall include experts in the fields 
of toxicological research, infectious diseases, radiology, clinical care 
of patients exposed to such hazards, and other persons as deter-
mined appropriate by the Secretary. 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 competitive 
standards of scientific and clinical merit. 
(4) The panel shall not be subject to the Federal Advisory 
Committee Act (5 U.S.C. App.). 
SEC. 
3. EDUCATION AND 
TRAINING 
PROGRAMS 
ON 
MEDICAL 
RESPONSES TO CONSEQUENCES OF TERRORIST ACTIVI-
TIES. 
(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 following new section: 
*'§7326. Education 
and 
training programs 
on 
medical 
response to consequences of terrorist activities 
"(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. 
116 STAT. 2028 
PUBLIC LAW 107-287—NOV. 7, 2002 
"(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 pro-
grams developed under the program shall be modelled after pro-
grams established at the F. Edward Hebert School of Medicine 
of the Uniformed Services University of the Health Sciences and 
shall include, at a minimum, training for health care professionals 
in the following: 
"(1) Recognition of chemical, biological, radiological, incen-
diary, or other explosive agents, weapons, or devices that may 
be used in terrorist activities. 
"(2) Identification of the potential sjnnptoms of exposure 
to those agents. 
"(3) Understanding of the potential long-term health con-
sequences, including psychological effects, resulting from expo-
sure to those agents, weapons, or devices. 
"(4) Emergency treatment for exposure to those agents, 
weapons, or devices. 
"(5) An appropriate course of followup treatment, sup-
portive care, and referral. 
"(6) Actions that can be taken while providing care for 
exposure to those agents, weapons, or devices 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 education and 
training programs under this section, the Secretary shall ensure 
that different programs are designed for health-care professionals 
in Department medical centers. 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 education and training 
programs under this section, the Secretary shall consult with appro-
priate 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 ter-
rorist activities.". 
38 use 7326 
(b) EFFECTIVE DATE.—The Secretary of Veterans Affairs shall 
note. 
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 DISAS-
TERS AND MEDICAL EMERGENCIES. 
(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: 
PUBLIC LAW 107-287—NOV. 7, 2002 
116 STAT. 2029 
*
*
§ 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 
PubHc Health Service Act (42 U.S.C. 300hh-ll(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 Deadline. 
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 
116 STAT. 2030 
PUBLIC LAW 107-287—NOV. 7, 2002 
(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-ll(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 
PUBLIC LAW 107-287—NOV. 1, 2002 
116 STAT. 2031 
for the security of Department medical centers and research facih-
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.— Establishment. 
(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-ll(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. 
116 STAT. 2032 
PUBLIC LAW 107-287—NOV. 7, 2002 
"(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.". 
38 use note 
(b) REPEAL OF CODIFIED PROVISIONS.—Subsections (a), (b)(2), 
prec. 8101. 
(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. 
38 use note 
(c) CONFORMING AMENDMENTS.—Subsection (g) of such section 
prec. 8101. 
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". 
Approved November 7, 2002. 
LEGISLATIVE HISTORY—H.R. 3253 (S. 2132): 
HOUSE REPORTS: No. 107-471 (Comm. on Veterans' Affairs). 
SENATE REPORTS: No. 107-229 accompanying S. 2132 (Comm. on Veterans' Af-
fairs). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
May 20, considered and passed House. 
Aug. 1, considered and passed Senate, amended. 
Sept. 17, House concurred in Senate amendment with an amendment pursu-
ant to H. Res. 526. 
Oct. 15, Senate concurred in House amendment with an amendment. 
Oct. 16, House concurred in Senate amendment.