38 U.S.C. § 7325 — Medical emergency preparedness centers

Page 1188 TITLE 38—VETERANS’ BENEFITS § 7323 1 See References in Text note below. cordance with the guidelines endorsed by the Secretary of Health and Human Services and the Director of the National Institutes of Health.’’ § 7323. Required consultations with nurses The Under Secretary for Health shall ensure that— (1) the director of a geographic service area, in formulating policy relating to the provision of patient care, shall consult regularly with a senior nurse executive or senior nurse execu- tives; and (2) the director of a medical center shall in- clude a registered nurse as a member of any committee used at that medical center to pro- vide recommendations or decisions on medical center operations or policy affecting clinical services, clinical outcomes, budget, or re- sources. (Added Pub. L. 106–419, title II, § 201(b)(1), Nov. 1, 2000, 114 Stat. 1840.) § 7324. Annual report on use of authorities to en- hance retention of experienced nurses (a) ANNUAL REPORT.—Not later than January 31 each year, the Secretary, acting through the Under Secretary for Health, shall submit to Congress a report on the use during the pre- ceding year of authorities for purposes of retain- ing experienced nurses in the Veterans Health Administration, as follows: (1) The authorities under chapter 76 of this title. (2) The authority under VA Directive 5102.1, relating to the Department of Veterans Affairs nurse qualification standard, dated November 10, 1999, or any successor directive. (3) Any other authorities available to the Secretary for those purposes. (b) REPORT ELEMENTS.—Each report under sub- section (a) shall specify for the period covered by such report, for each Department medical fa- cility and for each geographic service area of the Department, the following: (1) The number of waivers requested under the authority referred to in subsection (a)(2), and the number of waivers granted under that authority, to promote to the Nurse II grade or Nurse III grade under the Nurse Schedule under section 7404(b)(1) 1 of this title any nurse who has not completed a baccalaureate degree in nursing in a recognized school of nursing, set forth by age, race, and years of experience of the individuals subject to such waiver re- quests and waivers, as the case may be. (2) The programs carried out to facilitate the use of nursing education programs by ex- perienced nurses, including programs for flexi- ble scheduling, scholarships, salary replace- ment pay, and on-site classes. (Added Pub. L. 107–135, title I, § 125(a)(1), Jan. 23, 2002, 115 Stat. 2452.) Editorial Notes REFERENCES IN TEXT Section 7404(b) of this title, referred to in subsec. (b)(1), was amended by Pub. L. 108–445, § 3(a), Dec. 3, 2004, 118 Stat. 2636. As so amended, section 7404(b) no longer includes paragraphs. The Nurse Schedule ap- pears under section 7404(b). Statutory Notes and Related Subsidiaries INITIAL REPORT Pub. L. 107–135, title I, § 125(b), Jan. 23, 2002, 115 Stat. 2453, required that the initial report under this section be submitted to the National Commission on VA Nurs- ing as well as to Congress. § 7325. Medical emergency preparedness centers (a) ESTABLISHMENT OF CENTERS.—(1) The Sec- retary shall establish four medical emergency preparedness centers in accordance with this section. Each such center shall be established at a Department medical center and shall be staffed by Department employees. (2) The Under Secretary for Health shall be re- sponsible for supervising the operation of the centers established under this section. The Under Secretary shall provide for ongoing eval- uation of the centers and their compliance with the requirements of this section. (3) The Under Secretary shall carry out the Under Secretary’s functions under paragraph (2) in consultation with the Assistant Secretary of Veterans Affairs with responsibility for oper- ations, preparedness, security, and law enforce- ment functions. (b) MISSION.—The mission of the centers shall be as follows: (1) To carry out research on, and to develop methods of detection, diagnosis, prevention, and treatment of injuries, diseases, and ill- nesses arising from the use of chemical, bio- logical, radiological, incendiary or other ex- plosive weapons or devices posing threats to the public health and safety. (2) To provide education, training, and ad- vice to health care professionals, including health care professionals outside the Veterans Health Administration, through the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11) or through inter- agency agreements entered into by the Sec- retary for that purpose. (3) In the event of a disaster or emergency referred to in section 1785(b) of this title, to provide such laboratory, epidemiological, medical, or other assistance as the Secretary considers appropriate to Federal, State, and local health care agencies and personnel in- volved in or responding to the disaster or emergency. (c) SELECTION OF CENTERS.—(1) The Secretary shall select the sites for the centers on the basis of a competitive selection process. The Sec- retary may not designate a site as a location for a center under this section unless the Secretary makes a finding under paragraph (2) with re- spect to the proposal for the designation of such site. To the maximum extent practicable, the Secretary shall ensure the geographic dispersal of the sites throughout the United States. Any such center may be a consortium of efforts of more than one medical center. (2) A finding by the Secretary referred to in paragraph (1) with respect to a proposal for des- Page 1189 TITLE 38—VETERANS’ BENEFITS § 7325 ignation of a site as a location of a center under this section is a finding by the Secretary, upon the recommendations of the Under Secretary for Health and the Assistant Secretary with respon- sibility for operations, preparedness, security, and law enforcement functions, that the facility or facilities submitting the proposal have devel- oped (or may reasonably be anticipated to de- velop) each of the following: (A) An arrangement with a qualifying med- ical school and a qualifying school of public health (or a consortium of such schools) under which physicians and other persons in the health field receive education and training through the participating Department medical facilities so as to provide those persons with training in the detection, diagnosis, preven- tion, and treatment of injuries, diseases, and illnesses induced by exposures to chemical and biological substances, radiation, and incen- diary or other explosive weapons or devices. (B) An arrangement with a graduate school specializing in epidemiology under which stu- dents receive education and training in epide- miology through the participating Depart- ment facilities so as to provide such students with training in the epidemiology of con- tagious and infectious diseases and chemical and radiation poisoning in an exposed popu- lation. (C) An arrangement under which nursing, so- cial work, counseling, or allied health per- sonnel and students receive training and edu- cation in recognizing and caring for conditions associated with exposures to toxins through the participating Department facilities. (D) The ability to attract scientists who have made significant contributions to the de- velopment of innovative approaches to the de- tection, diagnosis, prevention, or treatment of injuries, diseases, and illnesses arising from the use of chemical, biological, radiological, incendiary or other explosive weapons or de- vices posing threats to the public health and safety. (3) For purposes of paragraph (2)(A)— (A) a qualifying medical school is an accred- ited medical school that provides education and training in toxicology and environmental health hazards and with which one or more of the participating Department medical centers is affiliated; and (B) a qualifying school of public health is an accredited school of public health that pro- vides education and training in toxicology and environmental health hazards and with which one or more of the participating Department medical centers is affiliated. (d) RESEARCH ACTIVITIES.—Each center shall conduct research on improved medical prepared- ness to protect the Nation from threats in the area of that center’s expertise. Each center may seek research funds from public and private sources for such purpose. (e) DISSEMINATION OF RESEARCH PRODUCTS.—(1) The Under Secretary for Health and the Assist- ant Secretary with responsibility for operations, preparedness, security, and law enforcement functions shall ensure that information pro- duced by the research, education and training, and clinical activities of centers established under this section is made available, as appro- priate, to health-care providers in the United States. Dissemination of such information shall be made through publications, through pro- grams of continuing medical and related edu- cation provided through regional medical edu- cation centers under subchapter VI of chapter 74 of this title, and through other means. Such pro- grams of continuing medical education shall re- ceive priority in the award of funding. (2) The Secretary shall ensure that the work of the centers is conducted in close coordination with other Federal departments and agencies and that research products or other information of the centers shall be coordinated and shared with other Federal departments and agencies. (f) COORDINATION OF ACTIVITIES.—The Sec- retary shall take appropriate actions to ensure that the work of each center is carried out— (1) in close coordination with the Depart- ment of Defense, the Department of Health and Human Services, and other departments, agencies, and elements of the Government charged with coordination of plans for United States homeland security; and (2) after taking into consideration applicable recommendations of the working group on the prevention, preparedness, and response to bio- terrorism and other public health emergencies established under section 319F(a) of the Public Health Service Act (42 U.S.C. 247d–6(a)) or any other joint interagency advisory group or committee designated by the President or the President’s designee to coordinate Federal re- search on weapons of mass destruction. (g) ASSISTANCE TO OTHER AGENCIES.—The Sec- retary may provide assistance requested by ap- propriate Federal, State, and local civil and criminal authorities in investigations, inquiries, and data analyses as necessary to protect the public safety and prevent or obviate biological, chemical, or radiological threats. (h) DETAIL OF EMPLOYEES FROM OTHER AGEN- CIES.—Upon approval by the Secretary, the Di- rector of a center may request the temporary assignment or detail to the center, on a non- reimbursable basis, of employees from other de- partments and agencies of the United States who have expertise that would further the mis- sion of the center. Any such employee may be so assigned or detailed on a nonreimbursable basis pursuant to such a request. (i) FUNDING.—(1) Amounts appropriated for the activities of the centers under this section shall be appropriated separately from amounts appro- priated for the Department for medical care. (2) In addition to funds appropriated for a fis- cal year specifically for the activities of the cen- ters pursuant to paragraph (1), the Under Sec- retary for Health shall allocate to such centers from other funds appropriated for that fiscal year generally for the Department medical serv- ices account and the Department medical and prosthetics research account such amounts as the Under Secretary determines appropriate to carry out the purposes of this section. Any de- termination by the Under Secretary under the preceding sentence shall be made in consulta- tion with the Assistant Secretary with responsi- bility for operations, preparedness, security, and law enforcement functions. Page 1190 TITLE 38—VETERANS’ BENEFITS § 7326 (3) There are authorized to be appropriated for the centers under this section $20,000,000 for each of fiscal years 2003 through 2007. (Added Pub. L. 107–287, § 2(a)(1), Nov. 7, 2002, 116 Stat. 2024; amended Pub. L. 110–387, title IX, § 901(a)(8), Oct. 10, 2008, 122 Stat. 4142; Pub. L. 111–275, title X, § 1001(n)(2), Oct. 13, 2010, 124 Stat. 2897.) Editorial Notes AMENDMENTS 2010—Subsec. (b)(2). Pub. L. 111–275 substituted ‘‘sec- tion 2812 of the Public Health Service Act (42 U.S.C. 300hh–11)’’ for ‘‘section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b))’’. 2008—Subsec. (i)(2). Pub. L. 110–387 substituted ‘‘med- ical services account’’ for ‘‘medical care account’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the National Disaster Medical System, in- cluding the functions of the Secretary of Homeland Se- curity and the Under Secretary for Emergency Pre- paredness and Response relating thereto, to the Sec- retary of Health and Human Services, see title III of Pub. L. 109–295, set out in part as a note under section 300hh–11 of Title 42, The Public Health and Welfare, and section 301(b) of Pub. L. 109–417, set out as a note under section 300hh–11 of Title 42. For transfer of functions, personnel, assets, and li- abilities of the National Disaster Medical System of the Department of Health and Human Services, includ- ing the functions of the Secretary of Health and Human Services and the Assistant Secretary for Public Health Emergency Preparedness [now Assistant Secretary for Preparedness and Response] relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(5) and sec- tions 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. PEER REVIEW FOR DESIGNATION OF CENTERS Pub. L. 107–287, § 2(b), Nov. 7, 2002, 116 Stat. 2027, as amended by Pub. L. 117–286, § 4(a)(221), Dec. 27, 2022, 136 Stat. 4330, provided that: ‘‘(1) In order to assist the Secretary of Veterans Af- fairs and the Under Secretary of Veterans Affairs for Health in selecting sites for centers under section 7325 of title 38, United States Code, as added by subsection (a), the Under Secretary shall establish a peer review panel to assess the scientific and clinical merit of pro- posals that are submitted to the Secretary for the des- ignation of such centers. The peer review panel shall be established in consultation with the Assistant Sec- retary of Veterans Affairs with responsibility for oper- ations, preparedness, security, and law enforcement functions. ‘‘(2) The peer review panel shall include experts in the fields of toxicological research, infectious diseases, ra- diology, clinical care of patients exposed to such haz- ards, and other persons as determined appropriate by the Secretary. Members of the panel shall serve as con- sultants to the Department of Veterans Affairs. ‘‘(3) The panel shall review each proposal submitted to the panel by the officials referred to in paragraph (1) and shall submit to the Under Secretary for Health its views on the relative scientific and clinical merit of each such proposal. The panel shall specifically deter- mine with respect to each such proposal whether that proposal is among those proposals which have met the highest competitive standards of scientific and clinical merit. ‘‘(4) The panel shall not be subject to chapter 10 of title 5, United States Code.’’ § 7326. Education and training programs on med- ical response to consequences of terrorist ac- tivities (a) EDUCATION PROGRAM.—The Secretary shall carry out a program to develop and disseminate a series of model education and training pro- grams on the medical responses to the con- sequences of terrorist activities. (b) IMPLEMENTING OFFICIAL.—The program shall be carried out through the Under Sec- retary for Health, in consultation with the As- sistant Secretary of Veterans Affairs with re- sponsibility for operations, preparedness, secu- rity, and law enforcement functions. (c) CONTENT OF PROGRAMS.—The education and training programs developed under the program shall be modelled after programs established at the F. Edward Hebe´rt School of Medicine of the Uniformed Services University of the Health Sciences and shall include, at a minimum, train- ing for health care professionals in the fol- lowing: (1) Recognition of chemical, biological, radi- ological, incendiary, or other explosive agents, weapons, or devices that may be used in ter- rorist activities. (2) Identification of the potential symptoms of exposure to those agents. (3) Understanding of the potential long-term health consequences, including psychological effects, resulting from exposure to those agents, weapons, or devices. (4) Emergency treatment for exposure to those agents, weapons, or devices. (5) An appropriate course of followup treat- ment, supportive care, and referral. (6) Actions that can be taken while pro- viding care for exposure to those agents, weap- ons, or devices to protect against contamina- tion, injury, or other hazards from such expo- sure. (7) Information on how to seek consultative support and to report suspected or actual use of those agents. (d) POTENTIAL TRAINEES.—In designing the education and training programs under this sec- tion, the Secretary shall ensure that different programs are designed for health-care profes- sionals in Department medical centers. The pro- grams shall be designed to be disseminated to health professions students, graduate health and medical education trainees, and health practi- tioners in a variety of fields. (e) CONSULTATION.—In establishing education and training programs under this section, the Secretary shall consult with appropriate rep- resentatives of accrediting, certifying, and co- ordinating organizations in the field of health professions education. (Added Pub. L. 107–287, § 3(a)(1), Nov. 7, 2002, 116 Stat. 2027.) Statutory Notes and Related Subsidiaries IMPLEMENTATION Pub. L. 107–287, § 3(b), Nov. 7, 2002, 116 Stat. 2028, pro- vided that: ‘‘The Secretary of Veterans Affairs shall