[Congressional Record Volume 148, Number 42 (Tuesday, April 16, 2002)]
[Senate]
[Pages S2723-S2725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER:
  S. 2132. A bill to amend title 38, United States Code, to provide for 
the establishment of medical emergency preparedness centers in the 
Veterans

[[Page S2724]]

Health Administration, to provide for the enhancement of the medical 
research activities of the Department of Veterans Affairs, and for 
other purposes; to the Committee on Veterans' Affairs.
 Mr. ROCKEFELLER. Mr. President, I am proud to introduce 
legislation that would establish four medical emergency preparedness 
research centers within the Department of Veterans Affairs. These 
centers would make the most of VA's expertise in basic and clinical 
research to shape new strategies for coping with, or preventing, the 
medical crisis that could result from a terrorist attack against the 
American people.
  The threats posed by biological, chemical, radiological, and 
incendiary weapons demand that we prepare immediately, using our 
existing national resources as efficiently as possible. Although many 
of my colleagues know that VA operates the Nation's largest integrated 
healthcare system, fewer may know that VA manages the largest health 
professionals training program in the United States. VA's clinical 
research programs investigate both cutting-edge technology and best 
medical practices, and included over 15,000 projects last year.
  Through its reach, its educational programs, and its research 
capacity, VA stands ready to make a significant contribution to 
protecting veterans and the public from the medical consequences of a 
terrorist attack. Only a few weeks ago, VA researchers announced that 
they have developed the most promising drug yet to protect the public 
should a terrorist deliberately release smallpox virus. I remain 
confident that this is only the first of many such scientific 
breakthroughs by VA scientists.
  VA already plays a key role in supporting Federal disaster 
preparedness, including maintaining pharmaceutical stockpiles, jointly 
administering the National Disaster Medical System, serving as primary 
medical back-up to the Department of Defense, and sharing medical 
personnel and supplies with communities whose own resources are 
overwhelmed. The legislation that I propose today would add another 
dimension to VA's role in emergency preparedness by acknowledging its 
expertise in developing clinical approaches to public health.
  The centers authorized by this legislation would foster research by 
VA scientists and clinicians in the diagnosis, prevention, and 
treatment of illnesses or injuries that might arise from the use of 
terrorist weapons. These centers would encourage cooperation between VA 
researchers and professionals at affiliated schools of medicine and 
public health to bring new findings and ideas as quickly as possible to 
the Nation's caregivers. The legislation that I have proposed would 
promote fruitful collaboration between VA, academic, and other Federal 
researchers, so that we can integrate research, public health, and 
domestic security efforts expeditiously.
  The legislation I introduce today also makes two changes in law which 
affect VA's non-profit research corporations. These two changes are 
technical in nature and are designed to clarify existing provisions of 
law: one clarifies that research corporation employees are covered 
under the Federal Tort Claims Act, FTCA, and the other provision 
clarifies that VA Medical Centers may enter into contracts or other 
forms of agreements with nonprofit research corporations to provide 
services to facilitate VA research and education.
  On the issue of FTCA coverage, a recent Department of Justice opinion 
determined that physicians employed by the VA-affiliated nonprofit 
research did not enjoy FTCA coverage, despite the fact that they have 
VA appointments. Prior to this opinion, the understanding was that the 
corporations' employees were covered, subject to a certification that 
their activities were within the scope of government work. Since 
research corporations were authorized in 1988, not a single suite has 
been filed against a corporation employee. Nevertheless, it is critical 
that employees working on VA approved research and education be 
protected. It is estimated that nationwide, the corporations have 
1,500-2,000 research employees.
  These non-profit research corporations have been placed in a 
difficult spot. Corporations must decide whether to take their chances 
that the FTCA will cover a suit despite the Department of Justice 
provision, as the VA General Counsel believes; to reduce their 
activities by only hiring employees with access to private sector 
insurance; to use funds normally devoted to supporting research to buy 
an expensive blanket insurance policy; or to close down entirely. The 
better choice, is to be explicit in providing FTCA coverage to 
corporation employees engaged in activities that further VA's research 
and education missions.
  The second change relates to contracts between VA Medical Centers and 
research corporations. Many times, VA Medical Centers need help to 
provide services which are ancillary to research, such as travel 
coordination, technical services, and conference management.
  I believe that a precedent for such contracts already exists. VA 
Medical Centers can enter into agreements with closely affiliated 
universities. For more than 50 years, the VAMCs and universities have 
contracted with each other for goods and services. In my view, we need 
to bring this kind of thinking to the non-profit research corporations.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2132

       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--

[[Page S2725]]

       ``(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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