[107th Congress Public Law 287]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ287.107]
[[Page 2023]]
DEPARTMENT OF VETERANS AFFAIRS EMERGENCY PREPAREDNESS ACT OF 2002
[[Page 116 STAT. 2024]]
Public Law 107-287
107th Congress
An Act
To amend title 38, United States Code, to enhance emergency preparedness
of the Department of Veterans Affairs, and for other
purposes. <<NOTE: Nov. 7, 2002 - [H.R. 3253]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Department of Veterans
Affairs Emergency Preparedness Act of 2002.>> assembled,
SECTION 1. <<NOTE: 38 USC 101 note.>> 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 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:
``Sec. 7325. Medical emergency preparedness centers
``(a) Establishment of Centers.--(1) The Secretary shall establish
four medical emergency preparedness 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 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
Disaster Medical System 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.
[[Page 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
treatment 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
significant 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
[[Page 116 STAT. 2026]]
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 purpose.
``(e) Dissemination of Research Products.--(1) The Under Secretary
for Health and the Assistant Secretary with responsibility for
operations, preparedness, security, 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 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
recommendations of the working group on the prevention,
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 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 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
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 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 appropriated separately from amounts
appropriated for the Department for medical care.
[[Page 116 STAT. 2027]]
``(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 research account such amounts as the Under Secretary
determines appropriate to carry out the purposes of this section. Any
determination by the Under Secretary under the preceding 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 <<NOTE: Establishment. 38 USC 7325 note.>> Review for
Designation of Centers.--(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 proposals that are submitted 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 operations, 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 determined
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 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 following new section:
``Sec. 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.
[[Page 116 STAT. 2028]]
``(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 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,
incendiary, or other explosive agents, weapons, or devices that
may be used in terrorist activities.
``(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.
``(4) Emergency treatment for exposure to those agents,
weapons, or devices.
``(5) An appropriate course of followup treatment,
supportive 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 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 <<NOTE: 38 USC 7326 note.>> 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 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:
[[Page 116 STAT. 2029]]
``Sec. 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
affected 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 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 paragraph
(3)(A) of that section or as otherwise authorized 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
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 <<NOTE: Deadline.>> 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
[[Page 116 STAT. 2030]]
(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 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 emergency.
``(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
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 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
paragraph (3)(A) of that section or as otherwise authorized by
law.''.
SEC. 5. 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 paragraph:
``(11) Operations, preparedness, security, and law
enforcement 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 Secretaries,
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:
``Sec. 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
personal 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 Facilities.--(1)
The Secretary shall take appropriate actions to provide
[[Page 116 STAT. 2031]]
for the security of Department medical centers and research facilities,
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 centralized
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 Department
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 <<NOTE: Establishment.>> 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 recommendations of
the working group on the prevention, 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)).
``(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 activities
conducted by personnel serving at Department medical centers, the
Secretary shall develop and maintain various strategies for providing
mental health counseling and assistance, including counseling and
assistance for post-traumatic stress disorder, following a bioterrorist
attack or other public health emergency to the following persons:
``(A) Veterans.
[[Page 116 STAT. 2032]]
``(B) Local and community emergency response providers.
``(C) Active duty military personnel.
``(D) Individuals seeking care at Department medical
centers.
``(2) The strategies under paragraph (1) shall include the
following:
``(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 providers
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 <<NOTE: 38 USC note prec. 8101.>> 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 <<NOTE: 38 USC note prec. 8101.>> 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
subsections (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'
Affairs).
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 pursuant to H. Res. 526.
Oct. 15, Senate concurred in House amendment with an
amendment.
Oct. 16, House concurred in Senate amendment.
<all>