38 U.S.C. § 7328 — Medical preparedness centers

Page 1192 TITLE 38—VETERANS’ BENEFITS § 7328 1 See References in Text note below. health-care resources under section 8111 of this title. (f) AWARD OF FUNDING.—Centers designated under this section may compete for the award of funding from amounts appropriated for the De- partment for medical and prosthetics research. (g) DISSEMINATION OF INFORMATION.—(1) The Under Secretary for Health shall ensure that in- formation produced by the centers designated under this section that may be useful for other activities of the Veterans Health Administra- tion is disseminated throughout the Administra- tion. (2) Information shall be disseminated under this subsection through publications, through programs 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. (h) NATIONAL OVERSIGHT.—The Under Sec- retary for Health shall designate an appropriate officer to oversee the operation of the centers designated under this section and provide for periodic evaluation of the centers. (i) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated to the Department of Veterans Affairs for the centers designated under this section amounts as fol- lows: (A) $7,000,000 for fiscal year 2005. (B) $8,000,000 for each of fiscal years 2006 through 2008. (2) In addition to amounts authorized to be ap- propriated by paragraph (1) for a fiscal year, the Under Secretary for Health may allocate to each center designated under this section, from other funds authorized to be appropriated for such fis- cal year for the Department generally for med- ical and for medical and prosthetic research, such amounts as the Under Secretary for Health determines appropriate to carry out the pur- poses of this section. (Added Pub. L. 108–422, title III, § 302(a)(1), Nov. 30, 2004, 118 Stat. 2383.) Statutory Notes and Related Subsidiaries CENTER OF EXCELLENCE IN THE MITIGATION, TREAT- MENT, AND REHABILITATION OF TRAUMATIC EXTREM- ITY INJURIES AND AMPUTATIONS Pub. L. 110–417, [div. A], title VII, § 723, Oct. 14, 2008, 122 Stat. 4508, as amended by Pub. L. 114–92, div. A, title X, § 1079(d)(2), Nov. 25, 2015, 129 Stat. 999, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a center of excellence in the mitigation, treatment, and rehabilitation of traumatic extremity injuries and am- putations. ‘‘(b) PARTNERSHIPS.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly ensure that the center collaborates with the Department of Defense, the Department of Veterans Affairs, institu- tions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (c). ‘‘(c) RESPONSIBILITIES.—The center shall have the re- sponsibilities as follows: ‘‘(1) To implement a comprehensive plan and strat- egy for the Department of Defense and the Depart- ment of Veterans Affairs for the mitigation, treat- ment, and rehabilitation of traumatic extremity in- juries and amputations. ‘‘(2) To conduct research to develop scientific infor- mation aimed at saving injured extremities, avoiding amputations, and preserving and restoring the func- tion of injured extremities. Such research shall ad- dress military medical needs and include the full range of scientific inquiry encompassing basic, translational, and clinical research. ‘‘(3) To carry out such other activities to improve and enhance the efforts of the Department of Defense and the Department of Veterans Affairs for the miti- gation, treatment, and rehabilitation of traumatic extremity injuries and amputations as the Secretary of Defense and the Secretary of Veterans Affairs con- sider appropriate.’’ DESIGNATION OF CENTERS Pub. L. 108–422, title III, § 302(b), Nov. 30, 2004, 118 Stat. 2385, required the Secretary of Veterans Affairs to designate the centers required by this section not later than 120 days after Nov. 30, 2004. § 7328. Medical 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 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b)) 1 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 Page 1193 TITLE 38—VETERANS’ BENEFITS § 7328 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- 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) There are authorized to be appropriated for the centers under this section $10,000,000 for each of fiscal years 2005 through 2007. (2) In addition to any amounts appropriated for a fiscal year specifically for the activities of the centers pursuant to paragraph (1), the Under Secretary for Health shall allocate to the cen- Page 1194 TITLE 38—VETERANS’ BENEFITS § 7329 ters from other funds appropriated for that fis- cal year generally for the Department medical services account and the Department medical and prosthetic research account such amounts as the Under Secretary determines necessary in order to carry out the purposes of this section. (Added Pub. L. 108–422, title III, § 303(c)(1), Nov. 30, 2004, 118 Stat. 2386; amended Pub. L. 110–387, title IX, § 901(a)(8), Oct. 10, 2008, 122 Stat. 4142.) Editorial Notes REFERENCES IN TEXT Section 2811(b) of the Public Health Service Act, re- ferred to in subsec. (b)(2), was redesignated section 2812(a) of the Public Health Service Act by Pub. L. 109–417, title I, § 102(a)(2), title III, § 301(a)(3), Dec. 19, 2006, 120 Stat. 2832, 2853, and is classified to section 300hh–11(a) of Title 42, The Public Health and Welfare. CODIFICATION The text of subsecs. (a) to (h) of this section consists of the text of section 7325(a) to (h) of this title, as du- plicated in this section by Pub. L. 108–422, § 303(c)(1)(B), which was based on Pub. L. 107–287, § 2(a)(1), Nov. 7, 2002, 116 Stat. 2024. AMENDMENTS 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. ENHANCEMENT OF MEDICAL PREPAREDNESS OF DEPARTMENT OF VETERANS AFFAIRS Pub. L. 108–422, title III, § 303(a), (b), Nov. 30, 2004, 118 Stat. 2386, as amended by Pub. L. 117–286, § 4(a)(222), Dec. 27, 2022, 136 Stat. 4330, provided that: ‘‘(a) PEER REVIEW PANEL.—In order to assist the Sec- retary of Veterans Affairs in selecting facilities of the Department of Veterans Affairs to serve as sites for centers under section 7328 of title 38, United States Code, as added by subsection (c), the Secretary shall es- tablish a peer review panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the selection of such facilities. The panel shall be established not later than 90 days after the date of the enactment of this Act [Nov. 30, 2004] and shall include experts in the fields of toxicological re- search, infectious diseases, radiology, clinical care of veterans exposed to such hazards, and other persons as determined appropriate by the Secretary. Members of the panel shall serve as consultants to the Department of Veterans Affairs. Amounts available to the Sec- retary for Medical Care may be used for purposes of carrying out this subsection. The panel shall not be subject to chapter 10 of title 5, United States Code. ‘‘(b) PROPOSALS.—The Secretary shall solicit pro- posals for designation of facilities as described in sub- section (a). The announcement of the solicitation of such proposals shall be issued not later than 60 days after the date of the enactment of this Act, and the deadline for the submission of proposals in response to such solicitation shall be not later than 90 days after the date of such announcement. The peer review panel established under subsection (a) shall complete its re- view of the proposals and submit its recommendations to the Secretary not later than 60 days after the date of the deadline for the submission of proposals. The Secretary shall then select the four sites for the loca- tion of such centers not later than 45 days after the date on which the peer review panel submits its rec- ommendations to the Secretary.’’ § 7329. Parkinson’s Disease research, education, and clinical centers (a) ESTABLISHMENT OF CENTERS.—(1) The Sec- retary, upon the recommendation of the Under Secretary for Health, shall designate not less than six Department health-care facilities as the locations for centers of Parkinson’s Disease research, education, and clinical activities. (2) Subject to the availability of appropria- tions for such purpose, the Secretary shall es- tablish and operate centers of Parkinson’s Dis- ease research, education, and clinical activities centers at the locations designated pursuant to paragraph (1). (b) CRITERIA FOR DESIGNATION OF FACILITIES.— (1) In designating Department health-care facili- ties for centers under subsection (a), the Sec- retary, upon the recommendation of the Under Secretary for Health, shall assure appropriate geographic distribution of such facilities. (2) Except as provided in paragraph (3), the Secretary shall designate as the location for a center of Parkinson’s Disease research, edu- cation, and clinical activities pursuant to sub- section (a)(1) each Department health-care facil- ity that as of January 1, 2005, was operating a Parkinson’s Disease research, education, and clinical center. (3) The Secretary may not under subsection (a) designate a facility described in paragraph (2) if (on the recommendation of the Under Sec- retary for Health) the Secretary determines that such facility— (A) does not meet the requirements of sub- section (c); or (B) has not demonstrated— (i) effectiveness in carrying out the estab- lished purposes of such center; or (ii) the potential to carry out such pur- poses effectively in the reasonably foresee- able future. (c) REQUIREMENTS FOR DESIGNATION.—(1) The Secretary may not designate a Department health-care facility as a location for a center under subsection (a) unless the peer review panel established under subsection (d) has deter- mined under that subsection that the proposal submitted by such facility as a location for a new center under subsection (a) is among those proposals that meet the highest competitive standards of scientific and clinical merit.