[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2132 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2132

To amend title 38, United States Code, to provide for the establishment 
   of medical emergency preparedness centers in the Veterans Health 
Administration, to provide for the enhancement of the medical research 
    activities of the Department of Veterans Affairs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 2002

Mr. Rockefeller introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to provide for the establishment 
   of medical emergency preparedness centers in the Veterans Health 
Administration, to provide for the enhancement of the medical research 
    activities 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. MEDICAL EMERGENCY PREPAREDNESS CENTERS IN VETERANS HEALTH 
              ADMINISTRATION.

    (a) In General.--(1) Subchapter II of chapter 73 of title 38, 
United States Code, 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 
        any 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 of title 
38, United States Code, 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.

SEC. 2. MODIFICATION OF AUTHORITIES ON RESEARCH CORPORATIONS.

    (a) Restatement and Enhancement of Authority on Availability of 
Funds.--Section 7362 of title 38, United States Code, 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.''.
    (b) Treatment of Corporations as Affiliated Institutions for 
Sharing of Health-Care Resources.--Section 8153(a)(3) of that title 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 health-care 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. 3. COVERAGE OF RESEARCH CORPORATION PERSONNEL UNDER FEDERAL TORT 
              CLAIMS ACT AND OTHER TORT CLAIMS LAWS.

    (a) In General.--Subchapter IV of chapter 73 of title 38, United 
States Code, 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 carried out 
        with Department funds; and
            ``(3) performs such duties under the supervision of 
        Department personnel.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 73 of that title 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.''.
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