38 U.S.C. § 8117 — Emergency preparedness

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 L. 108–422, title IV, § 411(c)(1),(f), Nov. 30, 2004, 118 Stat. 2389, 2390, provided that this section is repealed effective at the end of the 30- day period beginning on the date on which the Secretary of Veterans Affairs certifies to Con- gress that the Secretary is in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. Page 1329 TITLE 38—VETERANS’ BENEFITS § 8117 (B) Needs, if any, for screening personnel en- gaged in research relating to biological patho- gens or agents, including work associated with such research. (C) Needs for securing laboratories or other facilities engaged in research relating to bio- logical pathogens or agents. (c) TRACKING OF PHARMACEUTICALS AND MED- ICAL SUPPLIES AND EQUIPMENT.—The Secretary shall develop and maintain a centralized system for tracking the current location and avail- ability of pharmaceuticals, medical supplies, and medical equipment throughout the Depart- ment 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 pub- lic health emergency. The Secretary shall, through existing medical procurement con- tracts, and on a reimbursable basis, make avail- able 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 per- sonnel in medical matters relating to public health emergencies or attacks from an incen- diary or other explosive weapon consistent with section 319F(a) of the Public Health Service Act. (e) PARTICIPATION IN NATIONAL DISASTER MED- ICAL 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 Med- ical System established pursuant to section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11). (2) The Secretary shall establish and maintain the training program under paragraph (1) in ac- cordance with the recommendations of the working group on the prevention, preparedness, and response to public health emergencies estab- lished under section 319F of the Public Health Service Act (42 U.S.C. 247d–6). (3) The Secretary shall establish and maintain the training program under paragraph (1) in con- sultation with the following: (A) The Secretary of Defense. (B) The Secretary of Health and Human Services. (C) The Administrator of the Federal Emer- gency Management Agency. (f) MENTAL HEALTH COUNSELING.—(1) With re- spect to activities conducted by personnel serv- ing at Department medical centers, the Sec- retary shall develop and maintain various strat- egies for providing mental health counseling and assistance, including counseling and assistance for post-traumatic stress disorder, following a bioterrorist attack or other public health emer- gency to the following persons: (A) Veterans. (B) Local and community emergency re- sponse providers. (C) Active duty military personnel. (D) Individuals seeking care at Department medical centers. (2) The strategies under paragraph (1) shall in- clude the following: (A) Training and certification of providers of mental health counseling and assistance. (B) Mechanisms for coordinating the provi- sion of mental health counseling and assist- ance to emergency response providers referred to in paragraph (1). (3) The Secretary shall develop and maintain the strategies under paragraph (1) in consulta- tion with the Secretary of Health and Human Services, the American Red Cross, and the work- ing 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. (Added Pub. L. 107–287, § 6(a)(1), Nov. 7, 2002, 116 Stat. 2030; amended Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109–417, title III, § 306, Dec. 19, 2006, 120 Stat. 2863; Pub. L. 110–387, title IX, § 901(a)(7), Oct. 10, 2008, 122 Stat. 4142; Pub. L. 111–275, title X, § 1001(p)(2), Oct. 13, 2010, 124 Stat. 2897; Pub. L. 113–5, title I, § 105, Mar. 13, 2013, 127 Stat. 170; Pub. L. 116–22, title VII, § 701(a), June 24, 2019, 133 Stat. 961; Pub. L. 118–19, § 3, Oct. 6, 2023, 137 Stat. 106.) Editorial Notes REFERENCES IN TEXT Section 2801 of the Public Health Service Act, re- ferred to in subsec. (a)(1), is classified to section 300hh of Title 42, The Public Health and Welfare. Section 502 of the Homeland Security Act of 2002, re- ferred to in subsec. (a)(2)(C), probably means section 502 of Pub. L. 107–296 prior to its redesignation as section 504 by Pub. L. 109–295, § 611(8), and reclassification as section 314 of Title 6, Domestic Security, and not sec- tion 506 of Pub. L. 107–296 which was redesignated sec- tion 502 by Pub. L. 109–295, § 611(9), and is classified to section 312 of Title 6. Provisions relating to the Na- tional Response Plan are contained in section 314(a)(6) of Title 6. Section 154(b)(1) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, referred to in subsec. (b)(2), is section 154(b)(1) of Pub. L. 107–188, which is set out as a note below. AMENDMENTS 2023—Subsec. (g). Pub. L. 118–19 substituted ‘‘2028’’ for ‘‘2023’’. 2019—Subsec. (g). Pub. L. 116–22 substituted ‘‘2019 through 2023’’ for ‘‘2014 through 2018’’. 2013—Subsec. (g). Pub. L. 113–5 substituted ‘‘$155,300,000 for each of fiscal years 2014 through 2018 to carry out this section’’ for ‘‘such sums as may be nec- essary to carry out this section for each of fiscal years 2007 through 2011’’. 2010—Subsec. (e)(1). Pub. L. 111–275, § 1001(p)(2)(A), substituted ‘‘(42 U.S.C. 300hh–11)’’ for ‘‘(42 U.S.C. 300hh–11(b))’’. Subsec. (e)(2). Pub. L. 111–275, § 1001(p)(2)(B), sub- stituted ‘‘(42 U.S.C. 247d–6)’’ for ‘‘(42 U.S.C. 247d–6(a))’’. 2008—Subsec. (a)(1). Pub. L. 110–387 substituted ‘‘re- spond to such’’ for ‘‘respond to such such’’. 2006—Subsec. (a)(1). Pub. L. 109–417, § 306(a)(1)(A), sub- stituted ‘‘a public health emergency (as defined in sec- tion 2801 of the Public Health Service Act)’’ for ‘‘chem- ical or biological attack’’, ‘‘such an emergency’’ for ‘‘an attack’’, and ‘‘such emergencies’’ for ‘‘public health emergencies’’. Page 1330 TITLE 38—VETERANS’ BENEFITS § 8118 Subsec. (a)(2)(C), (D). Pub. L. 109–417, § 306(a)(1)(B), added subpars. (C) and (D). Subsec. (c). Pub. L. 109–417, § 306(a)(2), substituted ‘‘a public health emergency. The Secretary shall, through existing medical procurement contracts, and on a reim- bursable basis, make available as necessary, medical supplies, equipment, and pharmaceuticals in response to a public health emergency in support of the Sec- retary of Health and Human Services.’’ for ‘‘a chemical or biological attack or other terrorist attack.’’ Subsec. (d). Pub. L. 109–417, § 306(a)(3), struck out ‘‘de- velop and’’ before ‘‘implement curricula’’, substituted ‘‘public health emergencies’’ for ‘‘biological, chemical, or radiological attacks’’, and inserted ‘‘consistent with section 319F(a) of the Public Health Service Act’’ be- fore period at end. Subsec. (e)(1). Pub. L. 109–417, § 306(a)(4)(A), sub- stituted ‘‘2812’’ for ‘‘2811(b)’’. Subsec. (e)(2). Pub. L. 109–417, § 306(a)(4)(B), struck out ‘‘bioterrorism and other’’ after ‘‘response to’’ and sub- stituted ‘‘319F’’ for ‘‘319F(a)’’. Subsec. (g). Pub. L. 109–417, § 306(b), added subsec. (g). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ in subsec. (e)(3)(C) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6. 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 EMERGENCY PREPAREDNESS OF DEPARTMENT OF VETERANS AFFAIRS Pub. L. 107–188, title I, § 154, June 12, 2002, 116 Stat. 631, as amended by Pub. L. 107–287, § 6(b), (c), Nov. 7, 2002, 116 Stat. 2032, provided that: ‘‘[(a) Repealed. Pub. L. 107–287, § 6(b), Nov. 7, 2002, 116 Stat. 2032.] ‘‘(b) SECURITY AT DEPARTMENT MEDICAL AND RE- SEARCH FACILITIES.—(1) Not later than 180 days after the date of the enactment of this Act [June 12, 2002], the Secretary [of Veterans Affairs] shall carry out an evaluation of the security needs at Department med- ical centers and research facilities. The evaluation shall address the following needs: ‘‘(A) Needs for the protection of patients and med- ical 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 facili- ties engaged in research relating to biological patho- gens or agents. ‘‘(D) Any other needs the Secretary considers ap- propriate. ‘‘[(2) Repealed. Pub. L. 107–287, § 6(b), Nov. 7, 2002, 116 Stat. 2032.] ‘‘[(c) to (f) Repealed. Pub. L. 107–287, § 6(b), Nov. 7, 2002, 116 Stat. 2032.] ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated for the Depart- ment of Veterans Affairs amounts as follows: ‘‘(1) To carry out activities required by subsection (a) of section 8117 of title 38, United States Code— ‘‘(A) $100,000,000 for fiscal year 2002; and ‘‘(B) such sums as may be necessary for each of fiscal years 2003 through 2006. ‘‘(2) To carry out activities required by subsection (b)(1) of this section and subsections (b) through (f) of section 8117 of title 38, United States Code— ‘‘(A) $33,000,000 for fiscal year 2002; and ‘‘(B) such sums as may be necessary for each of fiscal years 2003 through 2006.’’ § 8118. Authority for transfer of real property; Department of Veterans Affairs Capital Asset Fund (a)(1) The Secretary may transfer real prop- erty under the jurisdiction or control of the Sec- retary (including structures and equipment as- sociated therewith) to another department or agency of the United States, to a State (or a po- litical subdivision of a State), or to any public or private entity, including an Indian tribe. Such a transfer may be made only if the Sec- retary receives compensation of not less than the fair market value of the property, except that no compensation is required, or compensa- tion at less than fair market value may be ac- cepted, in the case of a transfer to a grant and per diem provider (as defined in section 2002 of this title). When a transfer is made to a grant and per diem provider for less than fair market value, the Secretary shall require in the terms of the conveyance that if the property trans- ferred is used for any purpose other than a pur- pose under chapter 20 of this title, all right, title, and interest to the property shall revert to the United States. (2) The Secretary may exercise the authority provided by this section notwithstanding sec- tions 521, 522, and 541 through 545 of title 40. Any such transfer shall be in accordance with this section and section 8122 of this title. (3) The authority provided by this section may not be used in a case to which section 8164 of this title applies. (4) The Secretary may enter into partnerships or agreements with public or private entities dedicated to historic preservation to facilitate the transfer, leasing, or adaptive use of struc- tures or properties specified in subsection (b)(3)(D). (5) The authority of the Secretary under para- graph (1) expires on September 30, 2025. (b)(1) There is established in the Treasury of the United States a revolving fund to be known as the Department of Veterans Affairs Capital Asset Fund (hereinafter in this section referred to as the ‘‘Fund’’). Amounts in the Fund shall remain available until expended.