38 U.S.C. § 8116 — Nursing home revolving fund

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), May 20, 1988, 102 Stat. 512, § 5016; renumbered § 8116 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.) REPEAL OF SECTION Pub. L. 108–422, title IV, § 411(c)(1),(f), Nov. 30, 2004, 118 Stat. 2389, 2390, provided that this section is repealed effective at the end of the 30- day period beginning on the date on which the Secretary of Veterans Affairs certifies to Con- gress that the Secretary is in compliance with section 1710B(b) of this title. Editorial Notes REFERENCES IN TEXT Section 8122(a)(2) of this title, referred to in subsec. (a)(1), was amended generally by Pub. L. 108–422, title IV, § 411(e)(1), Nov. 30, 2004, 118 Stat. 2389, and, as so amended, no longer contains a subpar. (C). AMENDMENTS 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 5016 of this title as this section. Pub. L. 102–40, § 402(d)(1), substituted ‘‘8122(a)(2)(C)’’ for ‘‘5022(a)(2)(C)’’ in subsec. (a)(1) and ‘‘8104(a)(2)’’ for ‘‘5004(a)(2)’’ in subsec. (b)(2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective at the end of the 30-day period begin- ning on the date on which the Secretary of Veterans Affairs certifies to Congress that the Secretary is in compliance with section 1710B(b) of this title, see sec- tion 411(f) of Pub. L. 108–422, set out as an Effective Date of 2004 Amendment note under section 1710B of this title. TRANSFER OF NURSING HOME REVOLVING FUND BALANCES AND RECEIPTS For provisions relating to the transfer of balances and receipts from the Nursing Home Revolving Fund to the ‘‘Medical services’’ account, see section 115 of Pub. L. 108–447, set out as a note under section 1729a of this title. § 8117. Emergency preparedness (a) READINESS OF DEPARTMENT MEDICAL CEN- TERS.—(1) The Secretary shall take appropriate actions to provide for the readiness of Depart- ment medical centers to protect the patients and staff of such centers from a public health emergency (as defined in section 2801 of the Pub- lic Health Service Act) or otherwise to respond to such an emergency so as to enable such cen- ters 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 equip- ment 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 Pub- lic Health Service Act in the event of a public health emergency and incidents covered by the National Response Plan developed pursu- ant to section 502(6) 1 of the Homeland Secu- rity 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 co- ordination with other designated Federal agencies. (b) SECURITY AT DEPARTMENT MEDICAL AND RE- SEARCH FACILITIES.—(1) The Secretary shall take appropriate actions to provide for the security of Department medical centers and research fa- cilities, including staff and patients at such cen- ters 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 Depart- ment medical centers and research facilities re- quired by section 154(b)(1) of the Public Health Security and Bioterrorism Preparedness and Re- sponse Act of 2002 (Public Law 107–188; 116 Stat. 631), including the results of such evaluation re- lating to the following needs: (A) Needs for the protection of patients and medical staff during emergencies, including a chemical or biological attack or other ter- rorist attack.