[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3253 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                        August 1, 2002.
    Resolved, That the bill from the House of Representatives (H.R. 
3253) entitled ``An Act to amend title 38, United States Code, to 
provide for the establishment within the Department of Veterans Affairs 
of improved emergency medical preparedness, research, and education 
programs to combat terrorism, and for other purposes.'', do pass with 
the following

                              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 ``Department of 
Veterans Affairs Emergency Preparedness Act of 2002''.
    (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 
                            Administration.

        TITLE II--DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION

Sec. 201. Additional Assistant Secretary of Veterans Affairs and 
                            functions for Assistant 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.

                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:
``Sec. 7320A. Medical emergency preparedness centers
    ``(a) The Secretary shall establish and maintain within the 
Veterans Health Administration four centers for research and activities 
on medical emergency preparedness.
    ``(b) The purposes of each center established under subsection (a) 
shall be as follows:
            ``(1) To carry out research on 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, 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, training, and advice 
        on the treatment of the medical consequences of the use of 
        chemical, biological, radiological, or incendiary or other 
        explosive weapons or devices.
            ``(3) Upon the direction of the Secretary, to provide 
        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 appropriate to Federal, State, and 
        local health care agencies 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 center, 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 centers.
    ``(3) The Secretary may not select a Department medical center as 
the site of a center unless the proposal of the Department medical 
center under paragraph (2) provides for--
            ``(A) an arrangement with an accredited affiliated medical 
        school and an accredited affiliated school of public health (or 
        a consortium of such schools) under which physicians and other 
        health care personnel of such schools receive education and 
        training through the Department medical center;
            ``(B) an arrangement with an accredited graduate program of 
        epidemiology under which students of the program receive 
        education and training in epidemiology through the Department 
        medical center; and
            ``(C) the capability to attract scientists who have made 
        significant contributions to innovative approaches 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 expertise) to evaluate 
        proposals submitted under paragraph (2) for scientific and 
        clinical merit; and
            ``(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 Department that are 
responsible for directing research and for directing medical emergency 
preparedness.
    ``(2) The Secretary and the heads of the agencies concerned 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 Services, Office of Homeland 
        Security, and other departments, agencies, and elements of the 
        Federal Government charged with coordination of plans for 
        United States homeland security; and
            ``(B) in accordance with any applicable recommendations of 
        the Working Group on Bioterrorism and Other Public Health 
        Emergencies, or any other joint interagency advisory groups or 
        committees designated 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.
    ``(2) Subject to the approval of the head of the department 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 section, 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 approval 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.''.
    (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 separately 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 available for such fiscal year 
for each center referred to in that paragraph.

        TITLE II--DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION

SEC. 201. ADDITIONAL ASSISTANT SECRETARY OF VETERANS AFFAIRS AND 
              FUNCTIONS FOR ASSISTANT SECRETARIES OF VETERANS AFFAIRS.

    (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 relating to Assistant 
Secretaries, Department of Veterans Affairs 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 inserting 
``20''.

                     TITLE III--HEALTH CARE MATTERS

SEC. 301. AUTHORITY TO FURNISH HEALTH CARE DURING MAJOR DISASTERS AND 
              MEDICAL EMERGENCIES.

    (a) In General.--(1) Subchapter VII of chapter 17 is amended by 
inserting after section 1784 the following new section:
``Sec. 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 disaster or emergency, as the case may be.
    ``(b) 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 is activated.
    ``(c) The Secretary may furnish care and services under this 
section to veterans without regard to their enrollment in the system of 
annual patient enrollment under section 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 Department 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 Department facility that 
furnished the care or services concerned.
    ``(f) 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.
    ``(g) 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 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 inserting ``, except as provided in section 
1785 of this title with respect to a disaster or emergency covered by 
that section,'' 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 hospital care, nursing home care, and medical services to 
members of the Armed Forces on active duty.
    ``(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 such disaster or emergency, as the case 
may be.
    ``(B) A disaster or emergency referred to in this subparagraph 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 National 
        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 service-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.''.

                    TITLE IV--RESEARCH CORPORATIONS

SEC. 401. MODIFICATION OF CERTAIN AUTHORITIES ON RESEARCH 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 established 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 training 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.
    ``(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 subsection (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 Institutions for 
Sharing of Health-Care Resources.--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 following 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 established under subchapter IV of 
chapter 73 of this title, the Secretary may make arrangements for 
acquisition of the resource without regard to any law or regulation 
(including any Executive order, circular, or other administrative 
policy) that would otherwise require the use of competitive procedures 
for acquiring the resource.'';
            (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 PERSONNEL 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:
``Sec. 7364A. Coverage of employees under certain Federal 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 purposes 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 employee who--
            ``(1) has an appointment with the Department, whether with 
        or without compensation;
            ``(2) is directly or indirectly involved or engaged in 
        research or education and training that is approved in 
        accordance with procedures established by the Under Secretary 
        for Health for research or education 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 CORPORATIONS.

    (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.
107th CONGRESS

  2d Session

                               H. R. 3253

_______________________________________________________________________

                               AMENDMENTS