[Congressional Record Volume 148, Number 43 (Wednesday, April 17, 2002)]
[Senate]
[Pages S2840-S2841]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER (for himself and Mr. Akaka):
  S. 2187. 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; to the Committee 
on Veterans' Affairs.
 Mr. ROCKEFELLER. Mr. President, I introduce legislation today 
to highlight, and acknowledge in law, a mission that already exists in 
fact: VA's role in offering health care and support to individuals 
affected by disasters. I am pleased to be joined in offering this 
legislation by my colleague on the Veterans' Affairs Committee, Senator 
Daniel Akaka.
  VA's first, and most familiar, three missions include caring for our 
Nation's veterans, training future health care personnel, and fostering 
scientific and clinical research to improve future medical care. In 
1982, Congress assigned to VA a fourth mission: serving as the primary 
medical back-up system to the Department of Defense during times of war 
or domestic emergencies. If necessary, VA estimates that it could make 
about 3200 beds available immediately, and about 5500 beds within 72 
hours, to care for injured troops.
  VA has expanded this Fourth Mission to encompass a much greater share 
of the Federal responsibility for public health during crises beyond 
caring for active duty military casualties. VA also serves as a 
supporting agency in the Federal Response Plan for domestic disasters, 
as a cornerstone of the National Medical Disaster System, and by 
managing the National Pharmaceutical Stockpile. Through these programs, 
VA provides personnel, supplies and medications, facilities, and, if 
necessary, direct patient care to communities whose resources have been 
overwhelmed by medical crises.
  VA conducts large-scale disaster training exercises with its military 
partners, cooperates with other agencies to staff emergency medical 
teams during high-profile public events, and can deploy its group of 
experts in radiological medicine anywhere in the United States within a 
day. VA's mental health care professionals offer expertise in post-
traumatic stress disorder counseling that is unparalleled anywhere in 
the world.
  VA has responded to every major domestic disaster of the last two 
decades, including the Oklahoma City attack, and Hurricanes Andrew and 
Floyd, by sharing skilled medical staff and supplies with community 
caregivers. Following catastrophic flooding in Houston last year, the 
local VA medical center remained the only area hospital with power, and 
its staff extended care to rescue workers and the public. On September 
11, VA physicians cared for at least 68 injured individuals in New 
York, and VA coordinators identified more than half of the 20,000 beds 
that would have been available for the care of victims in New York and 
Virginia through VA's community hospital partnerships. In the weeks 
following the terrorist attacks, VA continued to provide skilled 
medical specialists, including mental health professionals, to care for 
rescue workers and

[[Page S2841]]

servicemembers in New York and at the Pentagon.
  The legislation that we introduce today would confer no new 
responsibilities or missions upon VA, but would recognize VA's already 
enormous contribution to public safety and emergency preparedness. As 
Congress continues to prepare for the threat of terrorism, it becomes 
increasingly important to focus not only the public health community, 
but those capable of providing medical care during mass casualty 
events.
  As the largest health care system in the nation, VA medical centers 
can and will offer invaluable services during a public health care 
emergency, whether that emergency is terrorism or a natural disaster. 
When VA health care providers are called upon to care for disaster 
victims, they serve not only as part of the Federal response to 
emergencies, but as part of the communities in which they live. This 
legislation would extend the Congressional mandate calling upon VA to 
provide care for active duty military personnel during a disaster to 
recognize VA's contribution to general public safety during crises. I 
urge my colleagues in the Senate to join Senator Akaka and me in 
supporting this legislation.
  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. 2187

       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.''.
 Mr. AKAKA. Mr. President, I am pleased to cosponsor the 
legislation offered by the Senator from West Virginia, Mr. Rockefeller, 
to authorize the Department of Veterans Affairs, VA, existing emergency 
preparedness activities.
  Currently, VA participates in the National Disaster Medical System, 
NDMS, and the Federal Response Plan through VA's Fourth Mission, 
mandated by Congress in 1982 to establish VA's role as the medical 
back-up to the military during conflicts. When VA has offered medical 
care to the general public during every major U.S. disaster since 
Hurricane Andrew, it has done so without the statutory authority to 
care for non-veterans and non-active-duty military personnel. The VA 
Emergency Medical Care Act of 2002 would give this authority.
  Already an active participant in disaster response and preparedness, 
VA partners with the Departments of Defense and Health and Human 
Services and the Federal Emergency Management Agency, FEMA, to form the 
National Disaster Medical System, NDMS. The Act would codify and 
authorize VA's existing efforts to provide health care to the general 
public following activation of the NDMS.
  VA is an emergency responder through the Federal Response Plan, a 
signed agreement between 27 Federal agencies and the Red Cross that 
coordinates Federal assistance when State and local resources are 
overwhelmed by a major disaster. VA serves as a support agency for four 
of the Emergency Support Functions outlined in the Federal Response 
Plan, including Mass Care and Health and Medical Services. VA is also 
the principle provider of mental health services to disaster survivors.
  I commend the work done by VA employees in responding to national 
emergencies. Because of their dedication and initiative, this 
legislation does not create new VA programs nor authorize any 
additional funds. I urge my colleagues to support the Department of 
Veterans Affairs Emergency Medical Care Act of 2002. This legislation 
is a first step in acknowledging the work that VA performs now to help 
all Americans respond to major disasters and medical crises.
                                 ______