[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2187 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2187

 To amend title 38, United States Code, to authorize the Secretary of 
  Veterans Affairs to furnish health care during a major disaster or 
               medical emergency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 2002

 Mr. Rockefeller (for himself and Mr. Akaka) 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 authorize the Secretary of 
  Veterans Affairs to furnish health care during a major disaster or 
               medical emergency, 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 Medical Care Act of 2002''.

SEC. 2. AUTHORITY TO FURNISH HEALTH CARE DURING MAJOR DISASTERS AND 
              MEDICAL EMERGENCIES.

    (a) In General.--(1) Subchapter II of chapter 17 of title 38, 
United States Code, is amended by inserting after section 1711 the 
following new section:
``Sec. 1711A. 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 1711 the 
following new item:

``1711A. Care and services during major disasters and medical 
                            emergencies.''.
    (b) Exception From Requirement for Charges for Emergency Care.--
Section 1711(b) of that title is amended by striking ``The Secretary'' 
and inserting ``Except as provided in section 1711A of this title with 
respect to a disaster or emergency covered by that section, the 
Secretary''.
    (c) Members of the Armed Forces.--Subsection (a) of section 8111A 
of that title 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.''.
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