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38 U.S.C. § 8117 — Emergency preparedness
Federal law — U.S. Code and appendices · legal_authorities
**(a) Readiness of Department Medical Centers.—**
(1) The Secretary shall take appropriate actions to provide for the readiness of Department medical centers to protect the patients and staff of such centers from a public health emergency (as defined in section 2801 of the Public Health Service Act) or otherwise to respond to such an emergency so as to enable such centers to fulfill their obligations as part of the Federal response to such emergencies.
(2) Actions under paragraph (1) shall include—
(A) the provision of decontamination equipment and personal protection equipment at Department medical centers;
(B) the provision of training in the use of such equipment to staff of such centers;
(C) organizing, training, and equipping the staff of such centers to support the activities carried out by the Secretary of Health and Human Services under section 2801 of the Public Health Service Act in the event of a public health emergency and incidents covered by the National Response Plan developed pursuant to section 502(6) 11 See References in Text note below. of the Homeland Security Act of 2002, or any successor plan; and
(D) providing medical logistical support to the National Disaster Medical System and the Secretary of Health and Human Services as necessary, on a reimbursable basis, and in coordination with other designated Federal agencies.
**(b) Security at Department Medical and Research Facilities.—**
(1) The Secretary shall take appropriate actions to provide for the security of Department medical centers and research facilities, including staff and patients at such centers and facilities.
(2) In taking actions under paragraph (1), the Secretary shall take into account the results of the evaluation of the security needs at Department medical center
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Source location: Title 38, Chapter 81, § 8117; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md
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**(a) Readiness of Department Medical Centers.—**
(1) The Secretary shall take appropriate actions to provide for the readiness of Department medical centers to protect the patients and staff of such centers from a public health emergency (as defined in section 2801 of the Public Health Service Act) or otherwise to respond to such an emergency so as to enable such centers to fulfill their obligations as part of the Federal response to such emergencies.
(2) Actions under paragraph (1) shall include—
(A) the provision of decontamination equipment and personal protection equipment at Department medical centers;
(B) the provision of training in the use of such equipment to staff of such centers;
(C) organizing, training, and equipping the staff of such centers to support the activities carried out by the Secretary of Health and Human Services under section 2801 of the Public Health Service Act in the event of a public health emergency and incidents covered by the National Response Plan developed pursuant to section 502(6) 11 See References in Text note below. of the Homeland Security Act of 2002, or any successor plan; and
(D) providing medical logistical support to the National Disaster Medical System and the Secretary of Health and Human Services as necessary, on a reimbursable basis, and in coordination with other designated Federal agencies.
**(b) Security at Department Medical and Research Facilities.—**
(1) The Secretary shall take appropriate actions to provide for the security of Department medical centers and research facilities, including staff and patients at such centers and facilities.
(2) In taking actions under paragraph (1), the Secretary shall take into account the results of the evaluation of the security needs at Department medical centers and research facilities required by section 154(b)(1) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107–188; 116 Stat. 631), including the results of such evaluation relating to the following needs:
(A) Needs for the protection of patients and medical staff during emergencies, including a chemical or biological attack or other terrorist attack.
(B) Needs, if any, for screening personnel engaged in research relating to biological pathogens or agents, including work associated with such research.
(C) Needs for securing laboratories or other facilities engaged in research relating to biological pathogens or agents.
**(c) Tracking of Pharmaceuticals and Medical Supplies and Equipment.—** The Secretary shall develop and maintain a centralized system for tracking the current location and availability of pharmaceuticals, medical supplies, and medical equipment throughout the Department health care system in order to permit the ready identification and utilization of such pharmaceuticals, supplies, and equipment for a variety of purposes, including response to a public health emergency. The Secretary shall, through existing medical procurement contracts, and on a reimbursable basis, make available as necessary, medical supplies, equipment, and pharmaceuticals in response to a public health emergency in support of the Secretary of Health and Human Services.
**(d) Training.—** The Secretary shall ensure that the Department medical centers, in consultation with the accredited medical school affiliates of such medical centers, implement curricula to train resident physicians and health care personnel in medical matters relating to public health emergencies or attacks from an incendiary or other explosive weapon consistent with section 319F(a) of the Public Health Service Act.
**(e) Participation in National Disaster Medical System.—**
(1) The Secretary shall establish and maintain a training program to facilitate the participation of the staff of Department medical centers, and of the community partners of such centers, in the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act ([42 U.S.C. 300hh–11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh–11&num=0&edition=prelim)).
(2) The Secretary shall establish and maintain the training program under paragraph (1) in accordance with the recommendations of the working group on the prevention, preparedness, and response to public health emergencies established under section 319F of the Public Health Service Act ([42 U.S.C. 247d–6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6&num=0&edition=prelim)).
(3) The Secretary shall establish and maintain the training program under paragraph (1) in consultation with the following:
(A) The Secretary of Defense.
(B) The Secretary of Health and Human Services.
(C) The Administrator of the Federal Emergency Management Agency.
**(f) Mental Health Counseling.—**
(1) With respect to activities conducted by personnel serving at Department medical centers, the Secretary shall develop and maintain various strategies for providing mental health counseling and assistance, including counseling and assistance for post-traumatic stress disorder, following a bioterrorist attack or other public health emergency to the following persons:
(A) Veterans.
(B) Local and community emergency response providers.
(C) Active duty military personnel.
(D) Individuals seeking care at Department medical centers.
(2) The strategies under paragraph (1) shall include the following:
(A) Training and certification of providers of mental health counseling and assistance.
(B) Mechanisms for coordinating the provision of mental health counseling and assistance to emergency response providers referred to in paragraph (1).
(3) The Secretary shall develop and maintain the strategies under paragraph (1) in consultation with the Secretary of Health and Human Services, the American Red Cross, and the working group referred to in subsection (e)(2).
**(g) Authorization of Appropriations.—** There are authorized to be appropriated, $155,300,000 for each of fiscal years 2019 through 2028 to carry out this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) National Disaster Medical System**
(1) **In general** — The Secretary shall provide for the operation in accordance with this section of a system to be known as the National Disaster Medical System. The Secretary shall designate the Assistant Secretary for Preparedness and Response as the head of the National Disaster Medical System, subject to the authority of the Secretary.
(2) **Federal and State collaborative System**
(A) *In general* — The National Disaster Medical System shall be a coordinated effort by the Federal agencies specified in subparagraph (B), working in collaboration with the States and other appropriate public or private entities, to carry out the purposes described in paragraph (3).
(B) *Participating Federal agencies* — The Federal agencies referred to in subparagraph (A) are the Department of Health and Human Services, the Department of Homeland Security, the Department of Defense, and the Department of Veterans Affairs.
(3) **Purpose of System**
(A) *In general* — The Secretary may activate the National Disaster Medical System to—
(i) provide health services, health-related social services, other appropriate human services, and appropriate auxiliary services to respond to the needs of victims of a public health emergency, including at-risk individuals as applicable (whether or not determined to be a public health emergency under [section 247d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d&num=0&edition=prelim)); or
(ii) be present at locations, and for limited periods of time, specified by the Secretary on the basis that the Secretary has determined that a location is at risk of a public health emergency during the time specified, or there is a significant potential for a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300hh–11
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding [section 58c(e) of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c/e&num=0&edition=prelim) and [section 1451 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1451&num=0&edition=prelim), the Commissioner of U.S. Customs and Border Protection, upon the request of any entity, may enter into a fee agreement with such entity under which—
(1) U.S. Customs and Border Protection shall provide services described in subsection (b) at a United States port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide such services;
(2) such entity shall remit to U.S. Customs and Border Protection a fee imposed under subsection (h) in an amount equal to the full costs that are incurred or will be incurred in providing such services; and
(3) if space is provided by such entity, each facility at which U.S. Customs and Border Protection services are performed shall be maintained and equipped by such entity, without cost to the Federal Government, in accordance with U.S. Customs and Border Protection specifications.
**(b) Services described** The services described in this subsection are any activities of any employee or Office of Field Operations contractor of U.S. Customs and Border Protection (except employees of the U.S. Border Patrol, as established under [section 211(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section211/e&num=0&edition=prelim)) pertaining to, or in support of, customs, agricultural processing, border security, or immigration inspection-related matters at a port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide servic
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 314
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Division of funds** The Secretary, not later than 120 days after the effective date of this chapter, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division and transfer of funds, including unexpended funds, appropriations, and fees, between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
**(b) Division of personnel** The Secretary, not later than 120 days after the effective date of this chapter, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division of personnel between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
**(c) Implementation plan**
(1) **In general** — The Secretary, not later than 120 days after the effective date of this chapter, and every 6 months thereafter until the termination of fiscal year 2005, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate an implementation plan to carry out this chapter.
(2) **Contents** — The implementation plan should include details concerning the separation of the Bureau of Citizenship and Immigration Services and the Bureau of Border Security, including the following:
(A) Organizational structure, including the field structure.
(B) Chain of command.
(C) Procedures for interaction among such bureaus.
(D) Fraud detection and investigation.
(E) The processing and handling of removal proceedings, including expedited removal and applications for relief from removal.
(F) Recommendations for conforming amendments to the Immigration and Nationality Act ([8 U.S.C. 1101](htt
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 312
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual report**
(1) **In general** — One year after November 25, 2002, and each year thereafter, the Secretary shall submit a report to the President, to the Committees on the Judiciary and Government Reform of the House of Representatives, and to the Committees on the Judiciary and Government Affairs of the Senate, on the impact the transfers made by this part has had on immigration functions.
(2) **Matter included** — The report shall address the following with respect to the period covered by the report:
(A) The aggregate number of all immigration applications and petitions received, and processed, by the Department.
(B) Region-by-region statistics on the aggregate number of immigration applications and petitions filed by an alien (or filed on behalf of an alien) and denied, disaggregated by category of denial and application or petition type.
(C) The quantity of backlogged immigration applications and petitions that have been processed, the aggregate number awaiting processing, and a detailed plan for eliminating the backlog.
(D) The average processing period for immigration applications and petitions, disaggregated by application or petition type.
(E) The number and types of immigration-related grievances filed with any official of the Department of Justice, and if those grievances were resolved.
(F) Plans to address grievances and improve immigration services.
(G) Whether immigration-related fees were used consistent with legal requirements regarding such use.
(H) Whether immigration-related questions conveyed by customers to the Department (whether conveyed in person, by telephone, or by means of the Internet) were answered effectively and efficiently.
**(b) Sense of Congress regarding immigration services** It is the sense of Con
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) All-hazards public health and medical response curricula and training**
(1) **In general** — The Secretary, in collaboration with the Secretary of Defense, and in consultation with relevant public and private entities, shall develop core health and medical response curricula and trainings by adapting applicable existing curricula and training programs to improve responses to public health emergencies.
(2) **Curriculum** — The public health and medical response training program may include course work related to—
(A) medical management of casualties, taking into account the needs of at-risk individuals;
(B) public health aspects of public health emergencies;
(C) mental health aspects of public health emergencies;
(D) national incident management, including coordination among Federal, State, local, tribal, international agencies, and other entities; and
(E) protecting health care workers and health care first responders from workplace exposures during a public health emergency.
(3) **Peer review** — On a periodic basis, products prepared as part of the program shall be rigorously tested and peer-reviewed by experts in the relevant fields.
(4) **Credit** — The Secretary and the Secretary of Defense shall—
(A) take into account continuing professional education requirements of public health and healthcare professions; and
(B) cooperate with State, local, and tribal accrediting agencies and with professional associations in arranging for students enrolled in the program to obtain continuing professional education credit for program courses.
(5) **Dissemination and training**
(A) *In general* — The Secretary may provide for the dissemination and teaching of the materials described in paragraphs (1) and (2) by appropriate means, as determined
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d–6
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of Health and Human Services shall lead all Federal public health and medical response to public health emergencies and incidents covered by the National Response Plan developed pursuant to section 314(6) 11 See References in Text note below. of title 6, or any successor plan.
**(b) Interagency agreement** The Secretary, in collaboration with the Secretary of Veterans Affairs, the Secretary of Transportation, the Secretary of Defense, the Secretary of Homeland Security, and the head of any other relevant Federal agency, shall establish an interagency agreement, consistent with the National Response Plan or any successor plan, under which agreement the Secretary of Health and Human Services shall assume operational control of emergency public health and medical response assets, as necessary, in the event of a public health emergency, except that members of the armed forces under the authority of the Secretary of Defense shall remain under the command and control of the Secretary of Defense, as shall any associated assets of the Department of Defense.
**(c) Coordination with Federal agencies** In leading the Federal public health and medical response to a declared or potential public health emergency, consistent with this section, the Secretary shall coordinate with, and may request support from, other Federal departments and agencies, as appropriate in order to carry out necessary activities and leverage the expertise of such departments and agencies, which may include the provision of assistance at the direction of the Secretary related to supporting the public health and medical response for States, localities, and Tribes.
**(d) Annual report on emergency response and preparedness** The Secretary shall submit a written report each fi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300hh
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
**(a)** The term “Service” means the Public Health Service;
**(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service;
**(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services.
**(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary;
**(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States;
**(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
**(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands;
**(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603.
**(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances;
**(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 202
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Federal law — U.S. Code and appendices · legal_authorities
Page 1328
TITLE 38—VETERANS’ BENEFITS
§ 8116
1 See References in Text note below.
1 See References in Text note below.
to the general revision of this subchapter by Pub. L.
96–22.
AMENDMENTS
1991—Pub. L. 102–40 renumbered section 5015 of this
title as this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1979, but not applicable with
respect to the acquisition, construction, or alteration
of any medical facilities if the acquisition, construc-
tion, or alteration (not including exchange) was ap-
proved by the President before Oct. 1, 1979, see section
302 of Pub. L. 96–22, set out as a note under section 8101
of this title.
§ 8116. Nursing home revolving fund
(a)(1) Amounts realized from a transfer pursu-
ant to section 8122(a)(2)(C) 1 of this title shall be
administered as a revolving fund and shall be
available without fiscal year limitation.
(2) The revolving fund shall be deposited in a
checking account with the Treasurer of the
United States.
(b)(1) The expenditure of funds from the re-
volving fund may be made only for the construc-
tion, alteration, and acquisition (including site
acquisition) of nursing home facilities and may
be made only as provided for in appropriation
Acts.
(2) For the purpose of section 8104(a)(2) of this
title, a bill, resolution, or amendment which
provides that funds in the revolving fund may be
expended for a project involving a total expendi-
ture of more than $2,000,000 for the construction,
alteration, or acquisition (including site acqui-
sition) of a nursing home facility shall be con-
sidered to be a bill, resolution, or amendment
making an appropriation which may be ex-
pended for a major medical facility project.
(Added Pub. L. 100–322, title II, § 205(a), M
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8117
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