[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3341 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3341

 To improve the emergency management capabilities of the Department of 
               Veterans Affairs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2023

  Mr. Tester (for himself, Mr. Moran, and Ms. Hirono) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To improve the emergency management capabilities 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 ``Advancing VA's Emergency Response to 
(AVERT) Crises Act of 2023''.

SEC. 2. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS TO IMPLEMENT A 
              FULLY OPERATIONAL EMERGENCY COMMUNICATIONS SYSTEM 
              THROUGHOUT MEDICAL FACILITIES OF DEPARTMENT.

    (a) Implementation Required.--Not later than two years after the 
date of the enactment of this Act, the Secretary of Veterans Affairs 
shall implement a fully operational high-frequency emergency 
communications system throughout medical facilities of the Department 
of Veterans Affairs.
    (b) Purpose of System.--The system required to be implemented under 
subsection (a) shall--
            (1) serve as a means of maintaining communications at 
        medical facilities of the Department during disasters or 
        emergencies without the need for external infrastructure;
            (2) enable emergency communications between medical 
        facilities of the Department and other Government agencies with 
        high-frequency communications capabilities; and
            (3) be used to reestablish the provision of health care 
        services to veterans, maintain the situational awareness of 
        staff of the Department, coordinate emergency response, and 
        request resources as needed.
    (c) Consultation.--In preparing to carry out subsection (a), the 
Secretary of Veterans Affairs shall consult with the Secretary of 
Homeland Security and the heads of such other Federal agencies as the 
Secretary of Veterans Affairs considers relevant, on best practices in 
implementing high-frequency emergency communications.
    (d) Contracts.--
            (1) In general.--In carrying out subsection (a), the 
        Secretary of Veterans Affairs shall--
                    (A) renegotiate any contract in effect on the day 
                before the date of the enactment of this Act that 
                provides for the Resilient High Frequency Radio Network 
                of the Department; or
                    (B) solicit such new contracts as the Secretary 
                considers appropriate to provide the high-frequency 
                emergency communications services and equipment 
                necessary to carry out subsection (a).
            (2) Maintenance.--In carrying out subsection (a), the 
        Secretary shall ensure that a contract is in effect for the 
        high-frequency emergency communications system required by such 
        subsection, including for the provision of on-demand 
        maintenance and routine maintenance.
    (e) Requirements.--In carrying out subsection (a), the Secretary 
shall--
            (1) designate one office in the Central Office of the 
        Department to lead the implementation of the emergency 
        communications system required under such subsection;
            (2) create a staffing model to be distributed to and used 
        by medical facilities of the Department--
                    (A) to identify who at the facility level will be 
                responsible for verifying that the equipment for such 
                system is fully functional; and
                    (B) to ensure such system is monitored at all 
                times;
            (3) create and distribute guidelines to medical facilities 
        of the Department, in conjunction with the appropriately 
        designated contracting officer or acquisition center, for 
        acceptance and installation of such system, including 
        demonstration of operability before final inspection and 
        acceptance of such system;
            (4) ensure equipment functionality and operator knowledge 
        by creating and managing a training and testing program to 
        include--
                    (A) ensuring relevant staff receive comprehensive 
                training regarding such system, including training on 
                operation and maintenance of such system;
                    (B) conducting internal exercises at all medical 
                facilities of the Department not less frequently than 
                once per year to test equipment functionality and 
                ensure staff have experience operating the equipment in 
                a simulated emergency; and
                    (C) collaborating with the Secretary of Homeland 
                Security to determine the feasibility of conducting 
                multi-agency exercises every two years;
            (5) create and distribute general guidance to medical 
        facilities of the Department regarding where emergency 
        communications equipment should be located in a medical 
        facility, and collect and store information on the location of 
        the equipment in each medical facility;
            (6) ensure medical facilities of the Department include 
        information on such system in each facility-specific 
        Comprehensive Emergency Management Program, or successor 
        program; and
            (7) ensure medical facilities of the Department regularly 
        monitor the staffing levels and training programs for such 
        system to ensure enough trained staff are available to monitor 
        such system at all times.
    (f) Phased Implementation.--
            (1) Initial locations.--The Secretary of Veterans Affairs 
        shall ensure that the system required by subsection (a) is 
        initially installed and tested throughout three Veterans 
        Integrated Service Networks the Secretary shall select for the 
        purposes of this section.
            (2) Determination of fully operational system and notice to 
        congress.--
                    (A) In general.--Once the system required by 
                subsection (a) is installed and tested in the three 
                Veterans Integrated Service Networks pursuant to 
                paragraph (1) and the Secretary determines the system 
                is fully operational in accordance with subparagraph 
                (B) and is able to be implemented at all medical 
                facilities of the Department, the Secretary shall 
                submit to Congress notice of such determination.
                    (B) Determination.--The Secretary may only 
                determine that the system described in subparagraph (A) 
                is fully operational if--
                            (i) the Secretary validates the completion 
                        of training, certification, and system use by 
                        the applicable workforce;
                            (ii) the system has been monitored by the 
                        applicable workforce for a period of three 
                        months;
                            (iii) the system has been in operation for 
                        a continuous period of three months without any 
                        system outages; and
                            (iv) the Secretary has completed two 
                        training exercises involving all test 
                        installation sites.
            (3) Full implementation.--Once the Secretary has determined 
        pursuant to paragraph (2) that the system required by 
        subsection (a) is fully operational and submitted notice to 
        Congress of such determination in accordance with such 
        paragraph, the Secretary shall implement the system at all 
        medical facilities of the Department.
    (g) Initial Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives a report 
        on the plans of the Secretary to implement the system required 
        by subsection (a).
            (2) Elements.--The report submitted pursuant to paragraph 
        (1) shall include the following:
                    (A) A detailed timeline of the planned 
                implementation of the system required by subsection 
                (a).
                    (B) An identification of the three Veterans 
                Integrated Service Networks selected under subsection 
                (f)(1).
                    (C) A description of the specific metrics and 
                benchmarks the Secretary plans to use to make the 
                determination under subsection (f)(2).
                    (D) A description of the plans of the Secretary for 
                contracting under subsection (d)(1).
                    (E) A description of the plans of the Secretary for 
                contracting under subsection (d)(2).
                    (F) A spending plan for implementation of the 
                system.
                    (G) An identification of which office the 
                Department has designated under subsection (e)(1).
                    (H) An identification of the staffing structure of 
                the office identified in subparagraph (G), including 
                any plans to change the structure of such office to 
                more effectively implement the system.
                    (I) Details on the roles and responsibilities of 
                each of the following entities in implementing the 
                system:
                            (i) The office identified pursuant to 
                        subparagraph (G).
                            (ii) Any other offices of the Department 
                        involved at the Central Office of the 
                        Department.
                            (iii) Veterans Integrated Service Networks.
                            (iv) Medical facilities of the Department.
                    (J) A description of the staffing model required 
                under subsection (e)(2).
                    (K) Details on the training required under 
                subsection (e)(4)(A), including--
                            (i) the components of the training;
                            (ii) the duration of the training;
                            (iii) the frequency of the training;
                            (iv) which employees will be required to 
                        take such training;
                            (v) whether the training will be conducted 
                        by the Department or a contractor; and
                            (vi) how the Secretary plans to oversee and 
                        track completion of the training.
                    (L) A description of the guidelines created and 
                distributed under subsection (e)(5).
                    (M) A description of how the Secretary plans to 
                ensure medical facilities of the Department include 
                information on the system in each facility-specific 
                Comprehensive Emergency Management Program, or 
                successor program.
                    (N) A description of how the Secretary plans to 
                ensure medical facilities of the Department regularly 
                monitor the staffing levels for the system to ensure 
                enough trained staff are available to monitor the 
                system at all times.
                    (O) A description of any updates the Secretary 
                plans to make to the directives of the Department on 
                the topic of emergency communications.
                    (P) An assessment of whether other facilities of 
                the Department, including facilities of the Veterans 
                Benefits Administration and facilities of the National 
                Cemetery Administration, require the implementation of 
                a high-frequency emergency communications system, and 
                if so--
                            (i) the plan of the Secretary to implement 
                        a high-frequency emergency communications 
                        system throughout such facilities; and
                            (ii) whether the Secretary requires action 
                        by Congress to carry out such plan.
    (h) Annual Reports.--
            (1) In general.--Not later than 90 days after the date on 
        which the Secretary completes implementation of the system 
        under subsection (a), and not less frequently than once each 
        year thereafter, the Secretary shall submit to the Committee on 
        Veterans' Affairs of the Senate and the Committee on Veterans' 
        Affairs of the House of Representatives a report on the 
        operations of such system.
            (2) Contents.--Each report submitted pursuant to paragraph 
        (1) shall include, for the period covered by the report, the 
        following:
                    (A) Information on whether each site hosting the 
                system required by subsection (a) is adequately staffed 
                to monitor the system 24 hours per day for seven days 
                per week.
                    (B) Information on whether any outages have 
                occurred with respect to such system since the previous 
                report, or, for the first report, whether any outages 
                have occurred since the full implementation of such 
                system under subsection (f)(3).
                    (C) The results of internal and external exercises 
                conducted to demonstrate functionality of such system.
                    (D) Whether any contract renegotiations or 
                modifications or new contracts have occurred for either 
                the procurement of high-frequency emergency 
                communications equipment, maintenance, or training.
                    (E) Any updated guidance or trainings provided to 
                employees tasked with overseeing such system.
    (i) OIG Report.--Not later than three years after the date of the 
enactment of this Act, the Inspector General of the Department of 
Veterans Affairs shall submit to the Committee on Veterans' Affairs of 
the Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report on the implementation by the Department of the 
system required by subsection (a), which shall include an analysis of 
the following:
            (1) The effectiveness and functionality of the system.
            (2) The staffing model required under subsection (e)(2).
            (3) The level of coordination by the Central Office of the 
        Department with medical facilities of the Department in helping 
        those facilities implement and maintain the system.
            (4) The effectiveness of the training and testing program 
        required under subsection (e)(4).
            (5) Any difficulties with ensuring trained staff are 
        available to monitor the system at all times.

SEC. 3. REPORT ON EMERGENCY MANAGEMENT ROLES FOR DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives a report outlining 
the roles and responsibilities of all offices of the Department of 
Veterans Affairs involved with emergency management.
    (b) Consultation.--In preparing the report required by subsection 
(a), the Secretary of Veterans Affairs shall consult with the 
Comptroller General of the United States, the Inspector General of the 
Department of Veterans Affairs, the Secretary of Homeland Security, and 
such other Federal agencies as the Secretary of Veterans Affairs 
considers relevant, to obtain insights from their experience and trends 
that they have found, and such recommendations as they may have with 
respect to the management by the Department of Veterans Affairs of 
emergency management functions.
    (c) Contents.--The report submitted pursuant to subsection (a) 
shall include the following:
            (1) A description of the organizational structure of each 
        office, both during normal operations and during emergency or 
        disaster operations.
            (2) The roles and responsibilities of each office.
            (3) A detailed description of roles and responsibilities 
        that are shared by both the Office of Emergency Management of 
        the Department and the Office of Operations, Security, and 
        Preparedness of the Department, including an analysis of how 
        each office plays a part in emergency management functions.
            (4) Recommendations for improving the structure and 
        alignment of relevant offices to better prepare the Department 
        for emergencies, remove redundancies, and improve 
        accountability.
            (5) An analysis of the feasibility and advisability of 
        consolidating relevant offices into one centralized emergency 
        management office to improve communication and streamline 
        emergency preparedness and response efforts of the Department.

SEC. 4. REPORT ON REGIONAL READINESS CENTERS OF DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives a report on the 
Regional Readiness Centers of the Department of Veterans Affairs.
    (b) Contents.--The report submitted pursuant to subsection (a) 
shall include the following:
            (1) The number of requests made by facilities of the 
        Department to obtain supplies from a Regional Readiness Center 
        since the inception of the Regional Readiness Center program, 
        disaggregated by Regional Readiness Center.
            (2) Information on types and amounts of material 
        distributed since the inception of the Regional Readiness 
        Center program, disaggregated by Regional Readiness Center.
            (3) Current inventory, disaggregated by Regional Readiness 
        Center.
            (4) An overview of the change in inventory in each Regional 
        Readiness Center during the two-year period ending on the date 
        of the enactment of this Act.
            (5) The percentage of inventory that is expired or that 
        will expire in the next month, disaggregated by Regional 
        Readiness Center.
            (6) Operational costs since the inception of the Regional 
        Readiness Center program, disaggregated by Regional Readiness 
        Center.
            (7) An analysis of the types and sizes of emergencies, 
        including natural disasters, public health emergencies, or 
        Fourth Mission activations of the Department, with respect to 
        which each Regional Readiness Center would be able to provide 
        sufficient resources to respond to, based on the current 
        capacity of the Regional Readiness Center.
            (8) Any plans of the Secretary to realign or change the 
        number of Regional Readiness Centers.

SEC. 5. IMPROVEMENTS TO THE EMERGENCY CACHE PROGRAM OF DEPARTMENT OF 
              VETERANS AFFAIRS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Veterans Affairs shall carry out the following:
            (1) Tracking system and minimum time frames.--Establish a 
        tracking system and minimum time frames by which the Emergency 
        Pharmacy Service initiates resupply orders to make sure 
        emergency caches and emergency pharmacy vehicles are fully 
        stocked with unexpired inventory. Such time frames shall 
        account for--
                    (A) any extension of the shelf life of inventory 
                under the Shelf Life Extension Program; and
                    (B) historical data of the Department of Veterans 
                Affairs on the time it typically takes the Department 
                to reorder, receive, and restock emergency caches or 
                emergency pharmacy vehicles, as the case may be.
            (2) Accountability mechanism.--Create an accountability 
        mechanism to ensure the Emergency Pharmacy Service and the 
        Watch Office are maintaining accurate and complete records of 
        emergency cache activations.
            (3) Guidelines on authorized access.--Provide guidelines 
        for facilities of the Department regarding which individuals 
        are authorized to access the emergency caches.
            (4) Guidelines on responsibility for distribution.--Provide 
        guidelines for facilities of the Department regarding which 
        individuals are responsible for distributing the contents of 
        the emergency cache if activated.
            (5) Training.--Provide all Department employees identified 
        by the Secretary under paragraphs (3) and (4) with a training 
        that includes information on--
                    (A) the contents of the emergency cache;
                    (B) circumstances for use of the emergency cache;
                    (C) the actions the employee should take if they 
                believe activation of the cache is warranted; and
                    (D) procedures for distributing the contents of the 
                cache.
            (6) Oversight of veterans health administration emergency 
        caches.--Designate one program office of the Department to have 
        primary responsibility for oversight of emergency caches of the 
        Veterans Health Administration.

SEC. 6. PLAN TO ALLOW FUEL SHARING AND INCREASED COORDINATION BETWEEN 
              THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE 
              DEPARTMENT OF VETERANS AFFAIRS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Veterans Affairs shall, after consulting with the 
Administrator of the Federal Emergency Management Agency, submit to the 
Committee on Veterans' Affairs of the Senate, the Committee on 
Veterans' Affairs of the House of Representatives, the Committee on 
Homeland Security and Government Affairs of the Senate, and the 
Committee on Homeland Security of the House of Representatives a report 
regarding--
            (1) the current limitations preventing the Federal 
        Emergency Management Agency from providing fuel or other 
        resources to the Department of Veterans Affairs during 
        emergencies;
            (2) whether the Department requires action by Congress to 
        allow such resource provision to occur;
            (3) whether the Secretary has been unable to coordinate 
        with the Administrator during prior emergencies or Fourth 
        Mission activations due to a lack of authority for such 
        coordination; and
            (4) whether the Secretary requires action by Congress to 
        address any of the issues mentioned under paragraph (3).
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