§ 8117. Emergency preparedness

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Department of Veterans Affairs Emergency Preparedness Act of 2002

   Pub. L. 107–287 § 6(a)(1) · 116 Stat. 2024

   Enacted · 38 U.S.C. § 8117

   Added Pub. L. 107–287, § 6(a)(1), Nov. 7, 2002, 116 Stat. 2030

   Source evidence

   Code source credit
   Added Pub. L. 107–287, § 6(a)(1), Nov. 7, 2002, 116 Stat. 2030

   Enacted provision · exact public law section
   (1) Subchapter I of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section: “§ 8117. Emergency preparedness “(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 chemical or biological attack or otherwise to respond to such an attack so as to enable such centers to fulfill their obligations as part of the Federal response to public health emergencies. “(2) Actions under paragraph (1) shall include— “(A) the provision of decontamination equipment and personal protection equipment at Department medical centers; and “(B) the provision of training in the use of such equipment to staff of such centers. “(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 chemical or biological attack or other terrorist attack. “(d) Training.— The Secretary shall ensure that the Department medical centers, in consultation with the accredited medical school affiliates of such medical centers, develop and implement curricula to train resident physicians and health care personnel in medical matters relating to biological, chemical, or radiological attacks or attacks from an incendiary or other explosive weapon. “(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 2811(b) of the Public Health Service Act (42 U.S.C. 300hh-11(b)). “(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 bioterrorism and other public health emergencies established under section 319F(a) of the Public Health Service Act (42 U.S.C. 247d-6(a)). “(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 Director 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).”.

2. 2006

   Pandemic and All-Hazards Preparedness Act

   Pub. L. 109–417 § 306(a)(1)(A) · 120 Stat. 2831

   1. Substituted · 38 U.S.C. § 8117(a)(1)

      Pub. L. 109–417, § 306(a)(1)(A), substituted “a public health emergency (as defined in section 2801 of the Public Health Service Act)” for “chemical or biological attack”

   2. Substituted · 38 U.S.C. § 8117(a)(1)

      Pub. L. 109–417, § 306(a)(1)(A), substituted “such an emergency” for “an attack”

   3. Substituted · 38 U.S.C. § 8117(a)(1)

      Pub. L. 109–417, § 306(a)(1)(A), substituted “such emergencies” for “public health emergencies”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 109–417, § 306(a)(1)(A), substituted “a public health emergency (as defined in section 2801 of the Public Health Service Act)” for “chemical or biological attack”, “such an emergency” for “an attack”, and “such emergencies” for “public health emergencies”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by— (i) striking “chemical or biological attack” and inserting “a public health emergency (as defined in section 2801 of the Public Health Service Act)”; (ii) striking “an attack” and inserting “such an emergency”; and (iii) striking “public health emergencies” and inserting “such emergencies”; and

3. 2006

   Pandemic and All-Hazards Preparedness Act

   Pub. L. 109–417 § 306(a)(1)(B) · 120 Stat. 2831

   Added · 38 U.S.C. § 8117(a)(2)(C); 38 U.S.C. § 8117(a)(2)(D)

   Pub. L. 109–417, § 306(a)(1)(B), added subpars. (C) and (D)

   Source evidence

   Code amendment note
   Subsec. (a)(2)(C), (D). Pub. L. 109–417, § 306(a)(1)(B), added subpars. (C) and (D).

   Enacted provision · exact public law section
   (B) in paragraph (2)— (i) in subparagraph (A), by striking “; and” and inserting a semicolon; (ii) in subparagraph (B), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: “(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) 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.” ;

4. 2006

   Pandemic and All-Hazards Preparedness Act

   Pub. L. 109–417 § 306(a)(2) · 120 Stat. 2831

   Substituted · 38 U.S.C. § 8117(c)

   Pub. L. 109–417, § 306(a)(2), substituted “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.” for “a chemical or biological attack or other terrorist attack.”

   Source evidence

   Code amendment note
   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 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.” for “a chemical or biological attack or other terrorist attack.”

   Enacted provision · exact public law section
   (2) in subsection (c), by striking “a chemical or biological attack or other terrorist attack.” and inserting “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.”;

5. 2006

   Pandemic and All-Hazards Preparedness Act

   Pub. L. 109–417 § 306(a)(3) · 120 Stat. 2831

   1. Struck · 38 U.S.C. § 8117(d)

      Pub. L. 109–417, § 306(a)(3), struck out “develop and” before “implement curricula”

   2. Substituted · 38 U.S.C. § 8117(d)

      Pub. L. 109–417, § 306(a)(3), substituted “public health emergencies” for “biological, chemical, or radiological attacks”

   3. Inserted · 38 U.S.C. § 8117(d)

      Pub. L. 109–417, § 306(a)(3), inserted “consistent with section 319F(a) of the Public Health Service Act” before period at end

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–417, § 306(a)(3), struck out “develop 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” before period at end.

   Enacted provision · exact public law section
   (3) in subsection (d), by— (A) striking “develop and”; (B) striking “biological, chemical, or radiological attacks” and inserting “public health emergencies”; and (C) by inserting “consistent with section 319F(a) of the Public Health Service Act” before the period; and

6. 2006

   Pandemic and All-Hazards Preparedness Act

   Pub. L. 109–417 § 306(a)(4)(A) · 120 Stat. 2831

   Substituted · 38 U.S.C. § 8117(e)(1)

   Pub. L. 109–417, § 306(a)(4)(A), substituted “2812” for “2811(b)”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 109–417, § 306(a)(4)(A), substituted “2812” for “2811(b)”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “2811(b)” and inserting “2812”; and

7. 2006

   Pandemic and All-Hazards Preparedness Act

   Pub. L. 109–417 § 306(a)(4)(B) · 120 Stat. 2831

   1. Struck · 38 U.S.C. § 8117(e)(2)

      Pub. L. 109–417, § 306(a)(4)(B), struck out “bioterrorism and other” after “response to”

   2. Substituted · 38 U.S.C. § 8117(e)(2)

      Pub. L. 109–417, § 306(a)(4)(B), substituted “319F” for “319F(a)”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 109–417, § 306(a)(4)(B), struck out “bioterrorism and other” after “response to” and substituted “319F” for “319F(a)”.

   Enacted provision · exact public law section
   (B) in paragraph (2)— (i) by striking “bioterrorism and other”; and (ii) by striking “319F(a)” and inserting “319F”.

8. 2006

   Pandemic and All-Hazards Preparedness Act

   Pub. L. 109–417 § 306(b) · 120 Stat. 2831

   Added · 38 U.S.C. § 8117(g)

   Pub. L. 109–417, § 306(b), added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 109–417, § 306(b), added subsec. (g).

   Enacted provision · exact public law section
   (b) Authorization of Appropriations.— Section 8117 of title 38, United States Code, is amended by adding at the end the following: “(g) Authorization of Appropriations.— There are authorized to be appropriated, such sums as may be necessary to carry out this section for each of fiscal years 2007 through 2011.” .

9. 2008

   Veterans’ Mental Health and Other Care Improvements Act of 2008

   Pub. L. 110–387 title IX § 901(a)(7) · 122 Stat. 4110

   Substituted · 38 U.S.C. § 8117(a)(1)

   Pub. L. 110–387 substituted “respond to such” for “respond to such such”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 110–387 substituted “respond to such” for “respond to such such”.

   Enacted provision · exact public law section
   (7) in section 8117(a)(1), by striking “such such” and inserting “such”; and

10. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 1001(p)(2)(A) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 8117(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))”

    Source evidence

    Code amendment note
    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))”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “(42 U.S.C. 300hh–11(b))” and inserting “(42 U.S.C. 300hh–11)”; and

11. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 1001(p)(2)(B) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 8117(e)(2)

    Pub. L. 111–275, § 1001(p)(2)(B), substituted “(42 U.S.C. 247d–6)” for “(42 U.S.C. 247d–6(a))”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 111–275, § 1001(p)(2)(B), substituted “(42 U.S.C. 247d–6)” for “(42 U.S.C. 247d–6(a))”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “(42 U.S.C. 247d–6(a))” and inserting “(42 U.S.C. 247d–6)”.

12. 2013

    Pandemic and All-Hazards Preparedness Reauthorization Act of 2013

    Pub. L. 113–5 title I § 105 · 127 Stat. 161

    Substituted · 38 U.S.C. § 8117(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 necessary to carry out this section for each of fiscal years 2007 through 2011”

    Source evidence

    Code amendment note
    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 necessary to carry out this section for each of fiscal years 2007 through 2011”.

    Enacted provision · exact public law section
    SEC. 105. CONTINUING THE ROLE OF THE DEPARTMENT OF VETERANS AFFAIRS.   Section 8117(g) of title 38, United States Code, is amended by striking “such sums as may be necessary to carry out this section for each of fiscal years 2007 through 2011” and inserting “$155,300,000 for each of fiscal years 2014 through 2018 to carry out this section”.

13. 2019

    Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019

    Pub. L. 116–22 title VII § 701(a) · 133 Stat. 905

    Substituted · 38 U.S.C. § 8117(g)

    Pub. L. 116–22 substituted “2019 through 2023” for “2014 through 2018”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 116–22 substituted “2019 through 2023” for “2014 through 2018”.

    Enacted provision · exact public law section
    (a) Veterans Affairs.— Section 8117(g) of title 38, United States Code, is amended by striking “2014 through 2018” and inserting “2019 through 2023”.

14. 2023

    Pub. L. 118–19 § 3 · 137 Stat. 106

    Substituted · 38 U.S.C. § 8117(g)

    Pub. L. 118–19 substituted “2028” for “2023”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 118–19 substituted “2028” for “2023”.

    Enacted provision · exact public law section
    SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR EMERGENCY PREPAREDNESS OF DEPARTMENT OF VETERANS AFFAIRS.   Section 8117(g) of title 38, United States Code, is amended by striking “2023” and inserting “2028”.

19 of 19 references resolved to an enrolled provision