Congressional Record Weekly Update

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1A) In Recognition of Lawrence Livermore Laboratory's 50th Anniversary
Mrs. TAUSCHER. Mr. Speaker, I rise to pay tribute to the Lawrence Livermore National Laboratory and its staff for their outstanding contributions to science and to the security of our Nation throughout the past 50 years.The Laboratory was established in 1952 to help meet an urgent national security need and has made numerous advances to keep the Nation at peace and secure.

Lawrence Livermore, Los Alamos, and Sandia National Laboratories developed the nuclear weapons that have deterred world wars. The labs are ensuring the continuing safety, security, and reliability of our Nation's nuclear weapons stockpile in the absence of nuclear testing.

Breakthroughs at the Lawrence Livermore National Laboratory led to the development of the high-yield warheads that greatly contributed to strategic deterrence throughout the Cold War. The Laboratory has provided technical support to arms control negotiations and treaty implementation, including negotiations and treaties to reduce the size of nuclear arsenals, prevent the proliferation of nuclear weapons and technologies, and limit nuclear weapons testing.

The Laboratory has greatly contributed to efforts of the United States intelligence community to understand nuclear weapons-related activities worldwide, and today is using its capabilities to defend our nation against terrorism. The Laboratory is also a leader in science and has worked on technologies to provide us with long term energy security.

The Laboratory has developed environmental restoration technologies that are being used to rapidly clean up groundwater contamination at Superfund sites and is developing simulation capabilities to better understand changes in the earth's climate. The Laboratory is identifying the source of genetic diseases and developing improved detectors of biological agents.

Livermore scientists produced work that won a Nobel Prize for Physics in 1998 and numerous advances in astrophysics. Technology development at the Laboratory has broadly contributed to the Nation's technical prowess and the competitiveness of United States industry, as evidenced by the winning of 85 prestigious R&D 100 awards.

Lastly, the Laboratory contributes broadly to higher education, as well as elementary and secondary educational efforts throughout Northern California and educational outreach directed at minority groups nationwide. On its 50th anniversary, I would like to congratulate the Laboratory, its staff, and former employees for their dedicated service to our Nation, outstanding contributions to national security, a strong tradition of scientific and technical excellence, and continuing efforts to make the world more secure and a better place to live.

1B) Congratulating Lawrence Livermore Laboratory
Mrs. FEINSTEIN submitted the following concurrent resolution; which was referred to the Committee on the Judiciary:
S. Con. Res. 141

Whereas the Lawrence Livermore National Laboratory was established in 1952 as part of the University of California Radiation Laboratory to augment the efforts of the Los Alamos National Laboratory to meet an urgent national security need and has since made important advances in nuclear weapons science and technology to keep the Nation at peace and secure;

Whereas advances by the Laboratory in nuclear weapons technology strengthened the ability of NATO to deter aggression in Europe during the Cold War and have ensured the continuing safety, security, and reliability of our Nation's nuclear weapons stockpile in the absence of nuclear testing;

Whereas the Laboratory has provided technical support to arms control negotiations and treaty implementation, including negotiations and treaties to reduce the size of nuclear arsenals, prevent the proliferation of nuclear weapons and technologies, and limit nuclear weapons testing;

Whereas the Laboratory has greatly contributed to efforts of the United States intelligence community to understand nuclear weapons related activities worldwide, as well as to respond to nuclear emergencies through its participation in the Nuclear Emergency Search Team, its development of the National Atmospheric Release Advisory Center, and its other emergency response capabilities, which are now contributing to the war against terrorism;

Whereas Laboratory researchers have made many scientific advances, including work that won a Nobel Prize for Physics in 1998 and numerous advances in astrophysics, such as contributions to understanding supernovas, high resolution mapping of the moon, the search for dark matter in the universe, and the development of advanced technologies to improve the performance of terrestrially-based telescopes;

Whereas technology development of the Laboratory has broadly contributed to the Nation's technical prowess and the competitiveness of United States industry, as evidenced by the winning of 85 prestigious R&D 100 awards, the most by any institution, as well as by very effective long-term partnerships with the computer industry and laser and electro-optics industries;

Whereas the Laboratory has contributed to the development of technologies that offer the promise of providing energy security in the long term, including technology development for coal gasification, significant advances in fusion energy science, and international leadership in inertial confinement fusion research, and construction of large intertial confinement fusion lasers including ongoing work on the National Ignition Facility;

Whereas the Laboratory has developed novel environmental restoration technologies that are being used to rapidly clean up groundwater contamination at Superfund sites and is at the forefront of the development of simulation capabilities to better understand the Earth's climate and how it may change;

Whereas technologies developed at the Laboratory contributed to the Department of Energy's decision to launch its Human Genome Initiative in 1987, which evolved into the international Human Genome Project, the Laboratory participated in the project by mapping and sequencing chromosome 16, and continuing genetics work at the Laboratory is leading to the identification of the source of genetic diseases and to the development of improved detectors of biological agents;

Whereas the Laboratory is a valuable part of the University of California, working cooperatively with its many campuses to further higher education, contributing broadly to elementary and secondary educational efforts throughout Northern California and educational outreach directed at minority groups nationwide; and Whereas the Laboratory has been a national resource for science and technology for 50 years dedicated to serve our Nation: Now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That Congress, on the occasion of the 50th anniversary of the founding of the Lawrence Livermore National Laboratory, congratulates the Laboratory, its staff, and former employees for its dedicated service to our Nation, with its outstanding contributions to national security, its tradition of scientific and technical excellence, and its continuing efforts to make the world more secure and a better place to live.

1C) Detecting Nuclear Materials at US Ports
SA 4592. Mr. SCHUMER (for himself and Mr. WARNER) submitted an amendment intended to be proposed to amendment SA 4471 proposed by Mr. LIEBERMAN to the bill H.R. 5005, to establish the Department of Homeland Security, and for other purposes; which was ordered to lie on the table; as follows:

On page 103, between lines 12 and 13, insert the following:
(n) RESEARCH AND DEVELOPMENT GRANTS FOR PORT SECURITY.--
(1) AUTHORITY.--The Secretary of Homeland Security is authorized to award grants to national laboratories, private nonprofit organizations, institutions of higher education, and other entities for the support of research and development of technologies that can be used to secure the ports of the United States.

(2) USE OF FUNDS.--Grants awarded pursuant to paragraph (1) may be used to develop technologies such as--
(A) methods to increase the ability of the Customs Service to inspect merchandise carried on any vessel that will arrive or has arrived at any port or place in the United States;
(B) equipment that accurately detects explosives, or chemical and biological agents that could be used to commit terrorist acts in the United States;
(C) equipment that accurately detects nuclear materials, including scintillation-based detection equipment capable of attachment to spreaders to signal the presence of nuclear materials during the unloading of containers;
(D) improved tags and seals designed for use on shipping containers to track the transportation of the merchandise in such containers, including ``smart sensors'' that are able to track a container throughout its entire supply chain, detect hazardous and radioactive materials within that container, and transmit such information to the appropriate authorities at a remote location;
(E) tools to mitigate the consequences of a terrorist act at a port of the United States, including a network of sensors to predict the dispersion of radiological, chemical, or biological agents that might be intentionally or accidentally released; and
(F) pilot projects that could be implemented within 12 months at 1 of the Nation's 10 largest ports to demonstrate the effectiveness of a system of radiation detection monitors located throughout the port to detect nuclear or radiological material.

(3) APPLICATIONS FOR GRANTS.--Each entity desiring a grant under this subsection shall submit an application to the Secretary of Homeland Security at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

(4) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be appropriated $50,000,000 for each of the fiscal years 2003 through 2007 to carry out the provisions of this subsection.

1D)

2A) Welcoming Madame Chen Wu Sue-Jen
Mr. GILMAN. Mr. Speaker, I am introducing today H. Res. 533, a resolution welcoming Madame Chen Wu Sue-jen of Taiwan to Washington. Madame Chen's visit comes at an important moment in our Nation's relationship with Taiwan and the People's Republic of China, PRC. Although the United States has repeatedly asked Beijing to resolve its difficulties with Taiwan through peaceful means, the Chinese military has placed hundreds of ballistic missiles on the coast of China aimed at Taiwan. To make matters worse China is building more and more of them. The communist authorities portray the peaceful cause of Taiwan independence as a terrorist movement. Nothing could be further from the truth. Taiwan threatens no one. On the contrary Taiwan has been 100 percent supportive of the war against terrorism and generously gave humanitarian support for the new Afghan Government. China on the other hand helped the Taliban build a 14,000 secure telephone line system.

China has also assisted Iraq in building a fiber optic communications network that is used by the Iraqi military. It is clear who supportsterrorism and who does not.

First Lady Chen Wu will be bringing with her a strong message from her husband and the people of Taiwan that Taiwan's cooperation with the United States in the antiterrorism campaign will continue and be strengthened further. This is the sort of mature behavior that the world has come to expect from Taiwan. We hope that Beijing will soon follow in Taiwan's footsteps and become a truly constructive member of the world community. Such a change in behavior will benefit the Chinese and Taiwanese people and the region and the world as a whole. Accordingly, I urge my colleagues to vote for H. Res. 533, and welcome Madame Chen to the United States. I ask that the full text of H. Res. 533 be printed at this point in the RECORD.

Whereas Taiwan's First Lady Chen Wu Sue-jen, wife and political partner to her husband President Chen Shui-bian, has been unwaveringly and courageously striving for justice, human rights, and democracy in Taiwan and has herself held a seat in the Legislative Yuan;

Whereas Taiwan is now a model vibrant democracy an one of the top ten trading partners of the United States;

Whereas supporting democracy, human rights, and free market economies has been a longstanding policy of the United States;

Whereas the Government and people in Taiwan have consistently provided tremendous support and generous contributions to the United States after the terrorist attacks against the United States that occurred on September 11, 2001;

Whereas First Lady Chen Wu was one of the main forces behind Taiwan's charity and humanitarian assistance for the victims of the terrorist attacks;

Whereas First Lady Chen Wu will visit the United States beginning on September 22, 2002, and will bring with her a strong message from her husband and the people of Taiwan that Taiwan's cooperation with the United States in this joint anti-terrorism campaign will continue and be further strengthened;

Whereas First Lady Chen Wu, on behalf of President Chen Shui-bian, visited France in November 2001 to receive the International Human Rights Award; and

Whereas First Lady Chen Wu, confined to a wheelchair due to a tragic traffic accident during a political campaign, is a strong and effective advocate for Taiwan's physically challenged citizens: Now, therefore, be it

Resolved, That the House of Representatives extends its warmest welcome to Taiwan's First Lady Chen Wu Sue-jen during her visit to Washington, D.C., in September 2002.

3A) Equipping WMD Civil Support Teams
SA 4601. Mr. BINGAMAN submitted an amendment intended to be proposed to amendment SA 4471 proposed by Mr. LIEBERMAN to the bill H.R. 5005, to establish the Department of Homeland Security, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle D of title I, add the following:

SEC. 173. NATIONAL GUARD TECHNOLOGY CENTER OF EXCELLENCE. (a) FINDINGS.--Congress makes the following findings:
(1) The Weapons of Mass Destruction Civil Support Teams of the National Guard have a mission that differs from the warfighting mission of other units of the National Guard.
(2) The traditional approach of equipping National Guard personnel with equipment used by personnel on full-time military duty is inadequate for civil support team personnel because of the unique mission of the civil support teams.
(3) It is in the national interest that special efforts be undertaken immediately to provide the civil support teams with the technologies needed to support their unique mission.
(4) Some of the technologies needed to support the mission of the civil support teams is available commercially, while other technologies will need to be developed.
(5) The civil support teams also need cost effective, efficient training designed for their unique mission.
(6) National Guard personnel involved in other homeland security missions also require technologies and training in support of such missions.

(b) ESTABLISHMENT.--Not later than one year after the date of enactment of this Act, the Secretary shall, in coordination with the Secretary of Defense, establish a National Guard Technology Center of Excellence (in this section referred to as the ``Center'').

(c) REQUIREMENTS.--(1) The Center shall consist of a consortium of at least one national laboratory, and such universities, non-profit research institutes, and other entities, selected by the Secretary for purposes of the Center.
(2) Each laboratory or entity selected for participation in the Center shall possess significant expertise in the development of technologies for the Federal Government for homeland defense.
(3) Subject to limitations imposed by the Secretary of Defense, the Center shall have ready access to a military installation that supports the National Guard.

(d) MISSION.--The mission of the Center is as follows:
(1) To support the development and procurement of technologies for the Weapons of Mass Destruction Civil Support Teams of the National Guard, and other personnel and units of the National Guard engaged in homeland defense, for the purpose of assisting such teams in carrying out their missions.
(2) To support the development and deployment of an improved training curricula to support the Weapons of Mass Destruction Civil Support Teams of the National Guard.

(e) LEAD ENTITY.--(1) The Secretary shall designate a national laboratory, or one of the other entities, comprising the Center as lead entity of the Center. The laboratory or entity so designated shall have expertise in chemical, biological, and nuclear regimens.
(2) The entity designated under paragraph (1) shall carry out such activities in that capacity as the Secretary shall provide, including service as liaison between the Center and the Department regarding the activities of the Center.

(f) FUNDING.--There are authorized to be appropriated to the Department, for transfer to the entity designated under subsection (e)--
(1) $4,000,000 to carry out the activities described in subsection (d)(1); and
(2) $1,000,000 to carry out the activities described in subsection (d)(2).

3B) First Responder Terrorism Preparedness
SA 4619. Mr. JEFFORDS (for himself and Mr. SMITH of New Hamsphire, and Ms. SNOWE) submitted an amendment intended to be proposed to amendment SA 4471 proposed by Mr. LIEBERMAN to the bill H.R. 5005, to establish the Department of Homeland Security, and for other purposes; which was ordered to lie on the table; as follows:

    At the end of title I, add the following:

   SEC. 199A. SHORT TITLE.

    This subtitle may be cited as the ``First Responder Terrorism Preparedness Act of 2002''.

   SEC. 199B. FINDINGS AND PURPOSES.

    (a) FINDINGS.--Congress finds that--

    (1) the Federal Government must enhance the ability of first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction; and

    (2) as a result of the events of September 11, 2001, it is necessary to clarify and consolidate the authority of the Federal Emergency Management Agency to support first responders.

    (b) PURPOSES.--The purposes of this subtitle are--

    (1) to establish within the Federal Emergency Management Agency the Office of National Preparedness;

    (2) to establish a program to provide assistance to enhance the ability of first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction; and

    (3) to address issues relating to urban search and rescue task forces.

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   SEC. 199C. DEFINITIONS.

    (a) MAJOR DISASTER.--Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is amended by inserting ``incident of terrorism,'' after ``drought),''.

    (b) WEAPON OF MASS DESTRUCTION.--Section 602(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(a)) is amended by adding at the end the following:

    ``(11) WEAPON OF MASS DESTRUCTION.--The term `weapon of mass destruction' has the meaning given the term in section 2302 of title 50, United States Code.''.

   SEC. 199D. ESTABLISHMENT OF OFFICE OF NATIONAL PREPAREDNESS.

    Subtitle A of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by adding at the end the following:

   ``SEC. 616. OFFICE OF NATIONAL PREPAREDNESS.

    ``(a) IN GENERAL.--There is established in the Federal Emergency Management Agency an office to be known as the `Office of National Preparedness' (referred to in this section as the `Office').

    ``(b) APPOINTMENT OF ASSOCIATE DIRECTOR.--

    ``(1) IN GENERAL.--The Office shall be headed by an Associate Director, who shall be appointed by the President, by and with the advice and consent of the Senate.

    ``(2) COMPENSATION.--The Associate Director shall be compensated at the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

    ``(c) DUTIES.--The Office shall--

    ``(1) lead a coordinated and integrated overall effort to build, exercise, and ensure viable terrorism preparedness and response capability at all levels of government;

    ``(2) establish clearly defined standards and guidelines for Federal, State, tribal, and local government terrorism preparedness and response;

    ``(3) establish and coordinate an integrated capability for Federal, State, tribal, and local governments and emergency responders to plan for and address potential consequences of terrorism;

    ``(4) coordinate provision of Federal terrorism preparedness assistance to State, tribal, and local governments;

    ``(5) establish standards for a national, interoperable emergency communications and warning system;

    ``(6) establish standards for training of first responders (as defined in section 630(a)), and for equipment to be used by first responders, to respond to incidents of terrorism, including incidents involving weapons of mass destruction; and

    ``(7) carry out such other related activities as are approved by the Director.

    ``(d) DESIGNATION OF REGIONAL CONTACTS.--The Associate Director shall designate an officer or employee of the Federal Emergency Management Agency in each of the 10 regions of the Agency to serve as the Office contact for the States in that region.

    ``(e) USE OF EXISTING RESOURCES.--In carrying out this section, the Associate Director shall--

    ``(1) to the maximum extent practicable, use existing resources, including planning documents, equipment lists, and program inventories; and

    ``(2) consult with and use--

    ``(A) existing Federal interagency boards and committees;

    ``(B) existing government agencies; and

    ``(C) nongovernmental organizations.''.

   SEC. 199E. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

    (a) IN GENERAL.--Subtitle B of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) is amended by adding at the end the following:

   ``SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

    ``(a) DEFINITIONS.--In this section:

    ``(1) FIRST RESPONDER.--The term `first responder' means--

    ``(A) fire, emergency medical service, and law enforcement personnel; and

    ``(B) such other personnel as are identified by the Director.

    ``(2) LOCAL ENTITY.--The term `local entity' has the meaning given the term by regulation promulgated by the Director.

    ``(3) PROGRAM.--The term `program' means the program established under subsection (b).

    ``(b) PROGRAM TO PROVIDE ASSISTANCE.--

    ``(1) IN GENERAL.--The Director shall establish a program to provide assistance to States to enhance the ability of State and local first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction.

    ``(2) FEDERAL SHARE.--The Federal share of the costs eligible to be paid using assistance provided under the program shall be not less than 75 percent, as determined by the Director.

    ``(3) FORMS OF ASSISTANCE.--Assistance provided under paragraph (1) may consist of--

    ``(A) grants; and

    ``(B) such other forms of assistance as the Director determines to be appropriate.

    ``(c) USES OF ASSISTANCE.--Assistance provided under subsection (b)--

    ``(1) shall be used--

    ``(A) to purchase, to the maximum extent practicable, interoperable equipment that is necessary to respond to incidents of terrorism, including incidents involving weapons of mass destruction;

    ``(B) to train first responders, consistent with guidelines and standards developed by the Director;

    ``(C) in consultation with the Director, to develop, construct, or upgrade terrorism preparedness training facilities;

    ``(D) to develop, construct, or upgrade emergency operating centers;

    ``(E) to develop preparedness and response plans consistent with Federal, State, and local strategies, as determined by the Director;

    ``(F) to provide systems and equipment to meet communication needs, such as emergency notification systems, interoperable equipment, and secure communication equipment;

    ``(G) to conduct exercises; and

    ``(H) to carry out such other related activities as are approved by the Director; and

    ``(2) shall not be used to provide compensation to first responders (including payment for overtime).

    ``(d) ALLOCATION OF FUNDS.--For each fiscal year, in providing assistance under subsection (b), the Director shall make available--

    ``(1) to each of the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, $3,000,000; and

    ``(2) to each State (other than a State specified in paragraph (1))--

    ``(A) a base amount of $15,000,000; and

    ``(B) a percentage of the total remaining funds made available for the fiscal year based on criteria established by the Director, such as--

    ``(i) population;

    ``(ii) location of vital infrastructure, including--

    ``(I) military installations;

    ``(II) public buildings (as defined in section 13 of the Public Buildings Act of 1959 (40 U.S.C. 612));

    ``(III) nuclear power plants;

    ``(IV) chemical plants; and

    ``(V) national landmarks; and

    ``(iii) proximity to international borders.

    ``(e) PROVISION OF FUNDS TO LOCAL GOVERNMENTS AND LOCAL ENTITIES.--

    ``(1) IN GENERAL.--For each fiscal year, not less than 75 percent of the assistance provided to each State under this section shall be provided to local governments and local entities within the State.

    ``(2) ALLOCATION OF FUNDS.--Under paragraph (1), a State shall allocate assistance to local governments and local entities within the State in accordance with criteria established by the Director, such as the criteria specified in subsection (d)(2)(B).

    ``(3) DEADLINE FOR PROVISION OF FUNDS.--Under paragraph (1), a State shall provide all assistance to local government and local entities not later than 45 days after the date on which the State receives the assistance.

    ``(4) COORDINATION.--Each State shall coordinate with local governments and local entities concerning the use of assistance provided to local governments and local entities under paragraph (1).

    ``(f) ADMINISTRATIVE EXPENSES.--

    ``(1) DIRECTOR.--For each fiscal year, the Director may use to pay salaries and other administrative expenses incurred in administering the program not more than the lesser of--

    ``(A) 5 percent of the funds made available to carry out this section for the fiscal year; or

    ``(B)(i) for fiscal year 2003, $75,000,000; and

    ``(ii) for each of fiscal years 2004 through 2006, $50,000,000.

    ``(2) RECIPIENTS OF ASSISTANCE.--For each fiscal year, not more than 10 percent of the funds retained by a State after application of subsection (e) may be used to pay salaries and other administrative expenses incurred in administering the program.

    ``(g) MAINTENANCE OF EXPENDITURES.--The Director may provide assistance to a State under this section only if the State agrees to maintain, and to ensure that each local government that receives funds from the State in accordance with subsection (e) maintains, for the fiscal year for which the assistance is provided, the aggregate expenditures by the State or the local government, respectively, for the uses described in subsection (c)(1) at a level that is at or above the average annual level of those expenditures by the State or local government, respectively, for the 2 fiscal years preceding the fiscal year for which the assistance is provided.

    ``(h) REPORTS.--

    ``(1) ANNUAL REPORT TO THE DIRECTOR.--As a condition of receipt of assistance under this section for a fiscal year, a State shall submit to the Director, not later than 60 days after the end of the fiscal year, a report on the use of the assistance in the fiscal year.

    ``(2) EXERCISE AND REPORT TO CONGRESS.--As a condition of receipt of assistance under this section, not later than 3 years after the date of enactment of this section, a State shall--

    ``(A) conduct an exercise, or participate in a regional exercise, approved by the Director, to measure the progress of the State in enhancing the ability of State and local first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction; and

    ``(B) submit a report on the results of the exercise to--

    ``(i) the Committee on Environment and Public Works and the Committee on Appropriations of the Senate; and

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    ``(ii) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.

    ``(i) COORDINATION.--

    ``(1) WITH FEDERAL AGENCIES.--The Director shall, as necessary, coordinate the provision of assistance under this section with activities carried out by--

    ``(A) the Administrator of the United States Fire Administration in connection with the implementation by the Administrator of the assistance to firefighters grant program established under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) (as added by section 1701(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (114 Stat. 1654, 1654A-360));

    ``(B) the Attorney General, in connection with the implementation of the Community Oriented Policing Services (COPS) Program established under section 1701(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)); and

    ``(C) other appropriate Federal agencies.

    ``(2) WITH INDIAN TRIBES.--In providing and using assistance under this section, the Director and the States shall, as appropriate, coordinate with--

    ``(A) Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) and other tribal organizations; and

    ``(B) Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) and other Alaska Native organizations.''.

    (b) COST SHARING FOR EMERGENCY OPERATING CENTERS.--Section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c) is amended--

    (1) by inserting ``(other than section 630)'' after ``carry out this title''; and

    (2) by inserting ``(other than section 630)'' after ``under this title''.

   SEC. 199F. PROTECTION OF HEALTH AND SAFETY OF FIRST RESPONDERS.

    Subtitle B of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) (as amended by section 199E(a)) is amended by adding at the end the following:

   ``SEC. 631. PROTECTION OF HEALTH AND SAFETY OF FIRST RESPONDERS.

    ``(a) DEFINITIONS.--In this section:

    ``(1) FIRST RESPONDER.--The term `first responder' has the meaning given the term in section 630(a).

    ``(2) HARMFUL SUBSTANCE.--The term `harmful substance' means a substance that the President determines may be harmful to human health.

    ``(3) PROGRAM.--The term `program' means a program described in subsection (b)(1).

    ``(b) PROGRAM.--

    ``(1) IN GENERAL.--If the President determines that 1 or more harmful substances are being, or have been, released in an area that the President has declared to be a major disaster area under this Act, the President shall carry out a program with respect to the area for the protection, assessment, monitoring, and study of the health and safety of first responders.

    ``(2) ACTIVITIES.--A program shall include--

    ``(A) collection and analysis of environmental and exposure data;

    ``(B) development and dissemination of educational materials;

    ``(C) provision of information on releases of a harmful substance;

    ``(D) identification of, performance of baseline health assessments on, taking biological samples from, and establishment of an exposure registry of first responders exposed to a harmful substance;

    ``(E) study of the long-term health impacts of any exposures of first responders to a harmful substance through epidemiological studies; and

    ``(F) provision of assistance to participants in registries and studies under subparagraphs (D) and (E) in determining eligibility for health coverage and identifying appropriate health services.

    ``(3) PARTICIPATION IN REGISTRIES AND STUDIES.--

    ``(A) IN GENERAL.--Participation in any registry or study under subparagraph (D) or (E) of paragraph (2) shall be voluntary.

    ``(B) PROTECTION OF PRIVACY.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A).

    ``(4) COOPERATIVE AGREEMENTS.--The President may carry out a program through a cooperative agreement with a medical or academic institution, or a consortium of such institutions, that is--

    ``(A) located in close proximity to the major disaster area with respect to which the program is carried out; and

    ``(B) experienced in the area of environmental or occupational health and safety, including experience in--

    ``(i) conducting long-term epidemiological studies;

    ``(ii) conducting long-term mental health studies; and

    ``(iii) establishing and maintaining environmental exposure or disease registries.

    ``(c) REPORTS AND RESPONSES TO STUDIES.--

    ``(1) REPORTS.--Not later than 1 year after the date of completion of a study under subsection (b)(2)(E), the President, or the medical or academic institution or consortium of such institutions that entered into the cooperative agreement under subsection (b)(4), shall submit to the Director, the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Environmental Protection Agency a report on the study.

    ``(2) CHANGES IN PROCEDURES.--To protect the health and safety of first responders, the President shall make such changes in procedures as the President determines to be necessary based on the findings of a report submitted under paragraph (1).''.

   SEC. 199G. URBAN SEARCH AND RESCUE TASK FORCES.

    Subtitle B of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) (as amended by section 199F) is amended by adding at the end the following:

   ``SEC. 632. URBAN SEARCH AND RESCUE TASK FORCES.

    ``(a) DEFINITIONS.--In this section:

    ``(1) URBAN SEARCH AND RESCUE EQUIPMENT.--The term `urban search and rescue equipment' means any equipment that the Director determines to be necessary to respond to a major disaster or emergency declared by the President under this Act.

    ``(2) URBAN SEARCH AND RESCUE TASK FORCE.--The term `urban search and rescue task force' means any of the 28 urban search and rescue task forces designated by the Director as of the date of enactment of this section.

    ``(b) ASSISTANCE.--

    ``(1) MANDATORY GRANTS FOR COSTS OF OPERATIONS.--For each fiscal year, of the amounts made available to carry out this section, the Director shall provide to each urban search and rescue task force a grant of not less than $1,500,000 to pay the costs of operations of the urban search and rescue task force (including costs of basic urban search and rescue equipment).

    ``(2) DISCRETIONARY GRANTS.--The Director may provide to any urban search and rescue task force a grant, in such amount as the Director determines to be appropriate, to pay the costs of--

    ``(A) operations in excess of the funds provided under paragraph (1);

    ``(B) urban search and rescue equipment;

    ``(C) equipment necessary for an urban search and rescue task force to operate in an environment contaminated or otherwise affected by a weapon of mass destruction;

    ``(D) training, including training for operating in an environment described in subparagraph (C);

    ``(E) transportation;

    ``(F) expansion of the urban search and rescue task force; and

    ``(G) incident support teams, including costs of conducting appropriate evaluations of the readiness of the urban search and rescue task force.

    ``(3) PRIORITY FOR FUNDING.--The Director shall distribute funding under this subsection so as to ensure that each urban search and rescue task force has the capacity to deploy simultaneously at least 2 teams with all necessary equipment, training, and transportation.

    ``(c) GRANT REQUIREMENTS.--The Director shall establish such requirements as are necessary to provide grants under this section.

    ``(d) ESTABLISHMENT OF ADDITIONAL URBAN SEARCH AND RESCUE TASK FORCES.--

    ``(1) IN GENERAL.--Subject to paragraph (2), the Director may establish urban search and rescue task forces in addition to the 28 urban search and rescue task forces in existence on the date of enactment of this section.

    ``(2) REQUIREMENT OF FULL FUNDING OF EXISTING URBAN SEARCH AND RESCUE TASK FORCES.--Except in the case of an urban search and rescue task force designated to replace any urban search and rescue task force that withdraws or is otherwise no longer considered to be an urban search and rescue task force designated by the Director, no additional urban search and rescue task forces may be designated or funded until the 28 urban search and rescue task forces are able to deploy simultaneously at least 2 teams with all necessary equipment, training, and transportation.''.

   SEC. 199H. AUTHORIZATION OF APPROPRIATIONS.

    Section 626 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197e) is amended by striking subsection (a) and inserting the following:

    ``(a) AUTHORIZATION OF APPROPRIATIONS.--

    ``(1) IN GENERAL.--There are authorized to be appropriated such sums as are necessary to carry out this title (other than sections 630 and 632).

    ``(2) PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.--There are authorized to be appropriated to carry out section 630--

    ``(A) $3,340,000,000 for fiscal year 2003; and

    ``(B) $3,458,000,000 for each of fiscal years 2004 through 2006.

    ``(3) URBAN SEARCH AND RESCUE TASK FORCES.--

    ``(A) IN GENERAL.--There are authorized to be appropriated to carry out section 632--

    ``(i) $160,000,000 for fiscal year 2003; and

    ``(ii) $42,000,000 for each of fiscal years 2004 through 2006.

    ``(B) AVAILABILITY OF AMOUNTS.--Amounts made available under subparagraph (A) shall remain available until expended.''.

4A) The Department of Veteran's Affairs Emergency Preparedness Act
Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 526) providing for the concurrence by the House with an amendment in the amendments of the Senate to H.R. 3253.

   The Clerk read as follows:

   H. Res. 526

    Resolved, That, upon the adoption of this resolution, the House shall be considered to have taken from the Speaker's table the bill H.R. 3253, with the Senate amendments thereto, and to have concurred in the Senate amendment to the title of the bill and to have concurred in the Senate amendment to the text of the bill with the following amendment:

    In lieu of the matter proposed to be inserted by the amendment of the Senate to the text of the bill, insert the following:

   SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Veterans Affairs Emergency Preparedness Act of 2002''.

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   SEC. 2. ESTABLISHMENT OF MEDICAL EMERGENCY PREPAREDNESS CENTERS AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS.

    (a) IN GENERAL.--(1) Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section:``§7325. Medical emergency preparedness centers

    ``(a) ESTABLISHMENT OF CENTERS.--(1) The Secretary 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 responsible for supervising the operation of the centers established under this section. The Under Secretary shall provide for ongoing evaluation 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 operations, preparedness, security, and law enforcement 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 illnesses arising from the use of chemical, biological, radiological, incendiary or other explosive weapons or devices posing threats to the public health and safety.

    ``(2) To provide education, training, and advice 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)) or through interagency agreements entered into by the Secretary 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 involved 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 Secretary may not designate a site as a location for a center under this section unless the Secretary makes a finding under paragraph (2) with respect 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 designation 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 responsibility for operations, preparedness, security, and law enforcement functions, that the facility or facilities submitting the proposal have developed (or may reasonably be anticipated to develop) each of the following:

    ``(A) An arrangement with a qualifying medical 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, prevention, and treatment of injuries, diseases, and illnesses induced by exposures to chemical and biological substances, radiation, and incendiary or other explosive weapons or devices.

    ``(B) An arrangement with a graduate school specializing in epidemiology under which students receive education and training in epidemiology through the participating Department facilities so as to provide such students with training in the epidemiology of contagious and infectious diseases and chemical and radiation poisoning in an exposed population.

    ``(C) An arrangement under which nursing, social work, counseling, or allied health personnel and students receive training and education 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 development of innovative approaches to the detection, diagnosis, prevention, or treatment of injuries, diseases, and illnesses arising from the use of chemical, biological, radiological, incendiary or other explosive weapons or devices posing threats to the public health and safety.

    ``(3) For purposes of paragraph (2)(A)--

    ``(A) a qualifying medical school is an accredited 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 provides 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 preparedness 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 Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions shall ensure that information produced by the research, education and training, and clinical activities of centers established under this section is made available, as appropriate, to health-care providers in the United States. Dissemination of such information shall be made through publications, through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title, and through other means. Such programs of continuing medical education shall receive 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 Secretary shall take appropriate actions to ensure that the work of each center is carried out--

    ``(1) in close coordination with the Department 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 bioterrorism 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 research on weapons of mass destruction.

    ``(g) ASSISTANCE TO OTHER AGENCIES.--The Secretary may provide assistance requested by appropriate 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 AGENCIES.--Upon approval by the Secretary, the Director of a center may request the temporary assignment or detail to the center, on a nonreimbursable basis, of employees from other departments and agencies of the United States who have expertise that would further the mission 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 appropriated for the Department for medical care.

    ``(2) In addition to funds appropriated for a fiscal year specifically for the activities of the centers pursuant to paragraph (1), the Under Secretary for Health shall allocate to such centers from other funds appropriated for that fiscal year generally for the Department medical care 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 determination by the Under Secretary under the preceding sentence shall be made in consultation with the Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions.

    ``(3) There are authorized to be appropriated for the centers under this section $20,000,000 for each of fiscal years 2003 through 2007.''.

    (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7324 the following new item:

   ``7325. Medical emergency preparedness centers.''.

    (b) PEER REVIEW FOR DESIGNATION OF CENTERS.--(1) In order to assist the Secretary of Veterans Affairs 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 proposals that are submitted to the Secretary for the designation of such centers. The peer review panel shall be established in consultation with the Assistant Secretary of Veterans Affairs with responsibility for operations, preparedness, security, and law enforcement functions.

    (2) The peer review panel shall include experts in the fields of toxicological research, infectious diseases, radiology, clinical care of patients 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.

    (3) The panel shall review each proposal submitted to the panel by the officials referred to in paragraph (1) and shall submit to

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    (4) The panel shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

   SEC. 3. EDUCATION AND TRAINING PROGRAMS ON MEDICAL RESPONSES TO CONSEQUENCES OF TERRORIST ACTIVITIES.

    (a) IN GENERAL.--(1) Subchapter II of chapter 73 of title 38, United States Code, is amended by adding after section 7325, as added by section 2(a)(1), the following new section:``§7326. Education and training programs on medical response to consequences of terrorist activities

    ``(a) EDUCATION PROGRAM.--The Secretary shall carry out a program to develop and disseminate a series of model education and training programs on the medical responses to the consequences of terrorist activities.

    ``(b) IMPLEMENTING OFFICIAL.--The program shall be carried out through the Under Secretary for Health, in consultation with the Assistant Secretary of Veterans Affairs with responsibility for operations, preparedness, security, 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 Hebért School of Medicine of the Uniformed Services University of the Health Sciences and shall include, at a minimum, training for health care professionals in the following:

    ``(1) Recognition of chemical, biological, radiological, incendiary, or other explosive agents, weapons, or devices that may be used in terrorist 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 treatment, supportive care, and referral.

    ``(6) Actions that can be taken while providing care for exposure to those agents, weapons, or devices to protect against contamination, injury, or other hazards from such exposure.

    ``(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 section, the Secretary shall ensure that different programs are designed for health-care professionals in Department medical centers. The programs shall be designed to be disseminated to health professions students, graduate health and medical education trainees, and health practitioners in a variety of fields.

    ``(e) CONSULTATION.--In establishing education and training programs under this section, the Secretary shall consult with appropriate representatives of accrediting, certifying, and coordinating organizations in the field of health professions education.''.

    (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7325, as added by section 2(a)(2), the following new item:

   ``7326. Education and training programs on medical response to consequences of terrorist activities.''.

    (b) EFFECTIVE DATE.--The Secretary of Veterans Affairs shall implement section 7326 of title 38, United States Code, as added by subsection (a), not later than the end of the 90-day period beginning on the date of the enactment of this Act.

   SEC. 4. AUTHORITY TO FURNISH HEALTH CARE DURING MAJOR DISASTERS AND MEDICAL EMERGENCIES.

    (a) IN GENERAL.--(1) Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:``§1785. Care and services during certain disasters and emergencies

    ``(a) AUTHORITY TO PROVIDE HOSPITAL CARE AND MEDICAL SERVICES.--During and immediately following a disaster or emergency referred to in subsection (b), the Secretary may furnish hospital care and medical services to individuals responding to, involved in, or otherwise affected by that disaster or emergency.

    ``(b) COVERED DISASTERS AND EMERGENCIES.--A disaster or emergency referred to in this subsection is any disaster or emergency as follows:

    ``(1) A major disaster or emergency declared by the President under the Robert B. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

    ``(2) A disaster or emergency in which the National Disaster Medical System established pursuant to section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh-11(b)) is activated by the Secretary of Health and Human Services under paragraph (3)(A) of that section or as otherwise authorized by law.

    ``(c) APPLICABILITY TO ELIGIBLE INDIVIDUALS WHO ARE VETERANS.--The Secretary may furnish care and services under this section to an individual described in subsection (a) who is a veteran without regard to whether that individual is enrolled in the system of patient enrollment under section 1705 of this title.

    ``(d) REIMBURSEMENT FROM OTHER FEDERAL DEPARTMENTS AND AGENCIES.--(1) The cost of any care or services furnished under this section to an officer or employee of a department or agency of the United States other than the Department or to a member of the Armed Forces shall be reimbursed at such rates as may be agreed upon by the Secretary and the head of such department or agency or the Secretary concerned, in the case of a member of the Armed Forces, based on the cost of the care or service furnished.

    ``(2) Amounts received by the Department under this subsection shall be credited to the Medical Care Collections Fund under section 1729A of this title.

    ``(e) REPORT TO CONGRESSIONAL COMMITTEES.--Within 60 days of the commencement of a disaster or emergency referred to in subsection (b) in which the Secretary furnishes care and services under this section (or as soon thereafter as is practicable), the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the Secretary's allocation of facilities and personnel in order to furnish such care and services.

    ``(f) REGULATIONS.--The Secretary shall prescribe regulations governing the exercise of the authority of the Secretary under this section.''.

    (2) The table of sections at the beginning of that chapter is amended by adding at the end the following new item:

   ``1785. Care and services during certain disasters and emergencies.''.

    (b) MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY.--Section 8111A(a) of such title is amended--

    (1) by redesignating paragraph (2) as paragraph (4);

    (2) by designating the second sentence of paragraph (1) as paragraph (3); and

    (3) by inserting between paragraph (1) and paragraph (3), as designated by paragraph (2) of this subsection, the following new paragraph:

    ``(2)(A) During and immediately following a disaster or emergency referred to in subparagraph (B), the Secretary may furnish hospital care and medical services to members of the Armed Forces on active duty responding to or involved in that disaster or emergency.

    ``(B) A disaster or emergency referred to in this subparagraph is any disaster or emergency as follows:

    ``(i) A major disaster or emergency declared by the President under the Robert B. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

    ``(ii) A disaster or emergency in which the National Disaster Medical System established pursuant to section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh-11(b)) is activated by the Secretary of Health and Human Services under paragraph (3)(A) of that section or as otherwise authorized by law.''.

   SEC. 5. 10-YEAR EXTENSION OF EXPIRED AUTHORITY.

    Effective September 30, 2002, subsection (d) of section 1722A of title 38, United States Code, is amended by striking ``September 30, 2002'' and inserting ``September 30, 2012''.

   SEC. 6. INCREASE IN NUMBER OF ASSISTANT SECRETARIES OF VETERANS AFFAIRS.

    (a) INCREASE.--Subsection (a) of section 308 of title 38, United States Code, is amended by striking ``six'' in the first sentence and inserting ``seven''.

    (b) FUNCTIONS.--Subsection (b) of such section is amended by adding at the end the following new paragraph:

    ``(11) Operations, preparedness, security, and law enforcement functions.''.

    (c) NUMBER OF DEPUTY ASSISTANT SECRETARIES.--Subsection (d)(1) of such section is amended by striking ``18'' and inserting ``19''.

    (d) CONFORMING AMENDMENT.--Section 5315 of title 5, United States Code, is amended by striking ``(6)'' after ``Assistant Secretaries, Department of Veterans Affairs'' and inserting ``(7)''.

   SEC. 7. CODIFICATION OF DUTIES OF SECRETARY OF VETERANS AFFAIRS RELATING TO EMERGENCY PREPAREDNESS.

    (a) IN GENERAL.--(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

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    ``(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) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8116 the following new item:

   ``8117. Emergency preparedness.''.

    (b) REPEAL OF CODIFIED PROVISIONS.--Subsections (a), (b)(2), (c), (d), (e), and (f) of section 154 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-188; 38 U.S.C. note prec. 8101) are repealed.

    (c) CONFORMING AMENDMENTS.--Subsection (g) of such section is amended--

    (1) in paragraph (1), by inserting ``of section 8117 of title 38, United States Code'' after ``subsection (a)''; and

    (2) in paragraph (2), by striking ``subsections (b) through (f)'' and inserting ``subsection (b)(1) of this section and subsections (b) through (f) of section 8117 of title 38, United States Code''.

   The SPEAKER pro tempore (Mr. Boozman). Pursuant to the rule, the gentleman from New Jersey (Mr. Smith) and the gentleman from Illinois (Mr. Evans) each will control 20 minutes.

   The Chair recognizes the gentleman from New Jersey (Mr. Smith).

   Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume.

   Mr. Speaker, I am very pleased to bring to the floor legislation that I introduced almost a year ago to respond to the diabolical terrorist attacks of September 11 and the anthrax attacks that followed.

   The legislation, H.R. 3253, as amended, the Department of Veterans Affairs Emergency Preparedness Act of 2002, provides the Federal Government with another tool to prevent or, if necessary, respond to future acts of terrorism against the United States. This legislation is designed to mobilize the underappreciated strength of the VA health care infrastructure in defending our Nation against future acts of terrorism.

   Although it may come as a surprise to many, the Department of Veterans Affairs operates our Nation's largest integrated health care network, with over 200,000 health care practitioners, 163 medical centers, more than 800 outpatient clinics, 115 medical research programs, affiliations with over 100 schools of medicine, and a $25 billion annual budget including over $1 billion for research programs.

   The VA health care system must, Madam Speaker, be an integral component of any homeland security strategy. In fact, the VA already does have defined roles in both the National Disaster Medical System and the Federal Response Plan in the event of national emergencies.

   Among the VA's current specialized duties are, one, conducting and evaluating disaster and terrorist attack simulation exercises; second, managing the Nation's stockpile of drugs to counter the effects of chemical and biological poisons; third, maintaining a rapid response team for radioactive releases; and, fourth, training public and private NDMS medical center personnel around the country in properly responding to biological, chemical, or radiological disasters.

   H.R. 3253 was developed in order to apply the existing experience and expertise in the VA's health care research programs as a defensive tool in the war on terrorism.

   Madam Speaker, I know from my own experience with the anthrax attacks last October, which hit my own district and hit it hard in central New Jersey in Hamilton Township, putting thousands of dedicated postal workers and the public as well at risk, that we need to move very quickly, develop new tests and new treatments for anthrax and scores of other biological and dangerous chemical agents and radiological weapons that might be employed by terrorists.

   When anthrax was discovered in the Hamilton Post Office, I was astounded to discover that there were no existing protocols to test, quarantine, or treat victims. The confusion that emanated, the fog, if my colleagues will, that followed the discovery of anthrax made a bad situation even worse. I saw it over and over again, well-intentioned experts from the departments of health, State and Federal, CDC and the like were flying by the seat of their collective pants. Far too many pertinent questions were not answered and were not answered with scientific or any kind of precision.

   It was during that crisis, frankly, that I thought that we needed to develop a new policy that would establish protocols which would try to deal with the details before the unthinkable, which now had become thinkable, actually happened; and that was the genesis of this legislation.

   H.R. 3253, we believe, will marshal some of our Nation's best and brightest scientists in a focused effort to develop new protocols for testing, vaccinating, and treating our citizens who may be victims of biological, chemical, or radiological terrorism.

   Madam Speaker, the House previously approved H.R. 3253, as amended, on May 20. I am very grateful that the Senate passed an amended bill on August 1. The bill before us today represents the compromise language agreed to after discussions and negotiations between the House and the Senate Committees on Veterans' Affairs.

   As amended, H.R. 3253 will authorize the VA to establish four National Medical Preparedness Centers. These centers would undertake research and develop new protocols for detecting, diagnosing, vaccinating, and treating potential victims of terrorism. In particular, the centers would focus on

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   The new centers would conduct direct research and coordinate ongoing and promising new research with affiliated universities and other government agencies. These centers would serve as training resources for thousands of community hospital staffs; hazardous materials, HAZMAT teams; emergency medical technicians, EMTs; and firefighters and police officers, who must be the first medical responders in the event of terrorist attacks.

   The emergency preparedness centers would also be charged with establishing state-of-the-art laboratories to help local health officials detect the presence of dangerous biological and chemical poisons.

   The funding to support these centers would come from the additional funds provided for combating terrorism and would not use or otherwise reduce funding for veterans' health care.

   Under the compromise agreement reached with the Senate, VA's authority to provide emergency medical treatment would be expanded to include first responders, other Federal agencies, veterans not enrolled in the VA health care system, active duty service members, and others receiving VA care in declared domestic emergencies. Reimbursements collected for the cost of care, whether coming from FEMA, the Department of Defense, or an insurance company, would be credited to the VA's Medical Care Collections Fund, the same as in other VA collection efforts.

   In addition, a new Assistant Secretary for preparedness security and law enforcement would be established at the VA.

   Finally, Madam Speaker, the compromise bill would codify in title 38 of the U.S. Code various provisions from Public Law 107-188, the ``Public Health Security and Bioterrorism Preparedness and Response Act of 2002,'' that pertain to the Department of Veterans Affairs.

   Madam Speaker, as we pass the 1-year anniversary of 9-11 and the subsequent anthrax attacks, we are all thankful that no additional acts of terror have been carried out against the United States. However, there can be no doubt that serious dangers and threats remain. Our government must remain vigilant in defending and protecting our citizens from every threat, of any kind, and H.R. 3253 is another step towards homeland security. I urge all Members to support this legislation.

• [Begin Insert]

   The House amendment to the Senate amendments to H.R. 3253 reflects a Compromise Agreement that the House and Senate Committees on Veterans' Affairs have reached on H.R. 3253 and S. 2132. H.R. 3253 (hereinafter known as the ``House bill'') passed the House on May 20, 2002. The Senate considered S. 2132 (hereinafter known as the ``Senate bill'') on August 1, 2002. This measure was incorporated in H.R. 3253 as an amendment and passed the Senate by unanimous consent on August 1, 2002.

   The House and Senate Committees on Veterans' Affairs have prepared the following explanations of H.R. 3253, as amended (hereinafter referred to as the ``Compromise Agreement''). Differences between the preparedness provisions contained in the Compromise Agreement and the related provisions of H.R. 3253 and S. 2132 are noted in this document, except for clerical corrections, conforming changes made necessary by the Compromise Agreement, and minor drafting, technical, and clarifying changes.

• [End Insert]

   SHORT TITLE

   CURRENT LAW--Public Law 105-368, the ``Veterans Programs Enhancement Act of 1998,'' charged Department of Veterans Affairs (VA) to investigate potential long-term health effects of biological and chemical warfare agents. Under current law, the VA does not possess specific authority to establish centers dedicated to research, education, and training activities related to managing the health consequences of terrorist use of weapons of mass destruction.

   HOUSE BILL--Section 1 of H.R. 3253 provides that the short title of the bill is the ``Department of Veterans Affairs Emergency Preparedness Research, Education, and Bio-Terrorism Prevention Act of 2002''.

   SENATE BILL--Section 1 of S. 2132 provides that the short title of the bill is the ``Department of Veterans Affairs Emergency Preparedness Act of 2002''.

   COMPROMISE AGREEMENT--Section 1 of the Compromise Agreement would adopt the Senate language.

   ESTABLISHMENT OF MEDICAL EMERGENCY PREPAREDNESS RESEARCH CENTERS AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS

   CURRENT LAW--No provision.

   HOUSE BILL--Section 2(a) of H.R. 3253 would amend Chapter 73 of title 38, United States Code, by establishing a new section 7325.

   Subsection (a) of section 7325 of title 38, United States Code, would require the Secretary of Veterans Affairs to establish at least four national medical emergency preparedness centers at existing VA medical centers, to be staffed with department employees. The Under Secretary for Health, in consultation with the assistant secretary for operations, preparedness, and security, would be responsible for supervising and evaluating the operation of these centers.

   Proposed section 7325(b) of title 38, United States Code, would define the centers' three-fold mission as follows: (1) to a conduct research and development into ``detection, diagnosis, vaccination, protection, and treatment for chemical, biological and radiological threats;'' (2) to provide education, training, and expert advice to department and community health-care practitioners; and (3) to provide ``contingent rapid response laboratory assistance'' to local health-care authorities during national emergencies. The House bill would specify that at least one center concentrate solely on biological threats, one on chemical threats, and one on radiological threats to public health and safety.

   Proposed section 7325(c) of title 38, United States Code, would define qualifications for center directors, and section 7325(d) would direct the Secretary to designate sites through a competitive selection process. Proposed section 7325(g) would establish a consulting peer-review panel, including experts in relevant fields, to assist the Under Secretary for Health in evaluating the scientific and clinical merits to proposals and offering recommendations concerning site designations for the four centers.

   Paragraph 2 of proposed section 7325(d) of title 38, United States Code, would require that a candidate site demonstrate the ability to attract qualified scientists; develop arrangements with at least one accredited, affiliated school of medicine and school of public health; be affiliated with a graduate program in epidemiology; and offer training and education programs for nursing, social work, counseling, and/or other allied health personnel.

   Subsection (e) of the proposed section 7325 of title 38, United States Code, would authorize to be appropriated $20 million for each of fiscal years 2003-2007, and would authorize the Under Secretary for Health to expend Medical Care funds as appropriate for the support of such centers, in coordination with the assistant secretary with responsibility for operations, preparedness, and security. Subsection (f) of the proposed section 7325 would authorize each center to seek other public or private research funds to fulfill its research mission.

   Proposed section 7325(h) of title 38, United States Code, would require that VA make the centers' findings available to health-care providers in the United States through publications and medical education programs, and that research programs be coordinated and shared with other Federal departments and agencies. The House bill would authorize the Department to assist Federal, State, and local civil and criminal authorities upon request to deal with biological, chemical, or radiological threats. Proposed subsection (j) of section 7325 would authorize details on a non-reimbursable basis of other Federal employees to assist the centers in accomplishing center missions.

   SENATE BILL--Section 101 in the Senate bill would add section 7320A to title 38, United States Code.

   Proposed section 7320A in the Senate bill would establish four centers to carry out research on ``the detection, diagnosis, prevention, and treatment of injuries, diseases, and illnesses arising from the use of chemical, biological, radiological, or incendiary or other explosive weapons or devices.'' This section would require that centers provide education and training to VA health-care professionals, and to non-VA professionals at the direction of the Secretary through the National Disaster Medical System (hereinafter ``NDMS'') or other interagency agreements. This section would also authorize the Secretary to provide appropriate ``laboratory, epidemiological, medical, or other assistance'' to Federal, State, and local health-care agencies and personnel involved in or responding to a national emergency. The Senate bill would not assign specific areas of research to single centers.

   The Senate bill would require that the Secretary designate centers after peer review of competitive proposals submitted by existing qualified VA medical centers. The Senate bill would require the same qualifications as the House bill, but would require geographic dispersal ``to the maximum extent practicable.''

   The Senate bill would require the offices responsible for directing research and medical emergency preparedness to administer the centers. This section would require those offices to work in close coordination with the Departments of Defense and Health and Human Services, the Office of Homeland Security, and other agencies, interagency working groups, or committees charged with coordinating Federal research into the response to casualties caused by terrorist use of weapons of mass destruction.

   Subsection (e) of proposed section 7320A would require that centers be staffed by VA employees or employees detailed from other Federal agencies, on a non-reimbursable basis.

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   Proposed section (f) section 7320A would authorize the Secretary to provide assistance to Federal, State, and local agencies engaged in investigations or inquiries to protect against threats posed by terrorist use of weapons of mass destruction. Proposed section 7320A(g) would authorize the centers to seek grants from outside sources, and would authorize to be appropriated $20 million for each of fiscal years 2003-2007.

   COMPROMISE AGREEMENT--The Compromise Agreement would incorporate the Senate provisions in proposed section 7325 of title 38, United States Code, authorizing a total of four medical emergency preparedness centers, dispersed geographically to the maximum extent practicable. The Committees intend for VA to select sites based upon the strength of existing resources and scientific merit of the proposals; although regional distribution of these centers would be encouraged, predicted research productivity should be paramount in designating sites.

   The proposed section 7325(a) of title 38, United States Code, would follow the House bill assigning responsibility for operation and supervision of the centers to the Under Secretary for Health, in consultation with the assistant secretary with responsibility for operations, preparedness, security, and law enforcement. The Compromise Agreement would not include House language defining qualifications for center directors. The centers would be situated organizationally within the Veterans Health Administration (VHA) and would report to the Under Secretary for Health. Nevertheless, the research products and educational tools arising from the work of the centers would link directly to the mission and function that the compromise Agreement would assign to the assistant secretary responsible for operations, preparedness, security and law enforcement. Thus, there would be a clearly defined line of accountability and coordination among the centers and the responsible departmental officials. This need is clearly acknowledged in the Compromise Agreement by the requirement to link the Under Secretary's decisions with regard to the operations of the centers to the work of the assistant secretary.

   Proposed section 7325(b)(1) of title 38, United States Code, in the Compromise Agreement would follow the Senate language by substituting ``prevention'' for ``vaccination and protection,'' and adding to the list of potential threats incendiary and other explosive sources. The Committees agree that contingency planning would include an all-hazards approach and acknowledge that strategies for mass casualty management overlap, irrespective of the particular nature of a terrorist attack or source of other mass-casualty disaster. The Compromise Agreement would not require individual centers to be dedicated to specific fields of study. Nevertheless, the Compromise Agreement would allow the Department to pursue multiple approaches to the medical management of mass casualties. In exercising the authority, the Department could designate any, some, or none of the centers as lead agent for developing subject matter expertise in a particular focused research area dealing with bioterrorism.

   Proposed section 7325(b)(2) of title 38, United States Code, would require centers to provide education, training, and advice to health-care professionals within VHA as proposed in both bills, but would follow the Senate language to specify that such training be provided to outside professionals and practitioners through the NDMS as authorized by Public Law 107-188, the ``Public Health Security and bioterrorism Preparedness and Response Act of 2002,'' or through specific interagency agreements executed for the purpose. The committees intend that VA take steps to ensure that potentially valuable research findings and educational developments in medical emergency preparedness be translated from the centers into clinical practice as quickly as practicable, but that VA accomplish this task through channels established as part of VA's role in existing federal response partnerships and the evolving U.S. national homeland security policy.

   Proposed section 7325(b)(3) of title 38, United States Code, would adapt language from both bills authorizing centers 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 the event of a disaster or emergency.

   Proposed section 7325(c) of title 38, United States Code, would direct the Secretary to select sites for centers as delineated in language shared by both bills, following the House language that would require proposals for the designation of centers be coordinated between the United Secretary for Health and the assistant secretary for operations, preparedness, and security, and be subject to a scientific peer-review process. The Compromise Agreement would follow House language describing the composition of the peer-review panel, but would replace the term ``bio-hazards management education and training'' with the term ``infectious diseases,'' in describing the types of expertise called for in such peer-review panel participation. The Compromise Agreement would also follow House language requiring that to be qualified, centers would need to develop an arrangement under which nursing, social work, counseling, or allied health personnel would receive training and education from the centers, in addition to other provisions shared by both bills.

   Sections 7325(d) and (e) of title 38, United States Code, would adopt the House language on research activities and dissemination of research products. Section 7325(f) would follow the Senate language requiring that research be coordinated with departments, agencies, and working groups charged with coordinating Federal research into responses to weapons of mass destruction.

   Proposed section 7325(i) of title 38, United States Code, in the Compromise Agreement, would follow House language on the authorization of appropriations to support the efforts of these centers.

   EDUCATION AND TRAINING PROGRAMS ON MEDICAL RESPONSES TO CONSEQUENCES OF TERRORIST ACTIVITIES

   HOUSE BILL--Section 3(a) of the House bill would amend chapter 73 of title 38, United States Code, by adding a new section 7326.

   Section 7326(a), of title 38, United States Code, would require the Secretary of Veterans Affairs to develop and disseminate programs to educate and train health-care professionals to respond to the consequences of terrorist activities.

   Proposed section 7326(b), of title 38, United States Code, would designate the Under Secretary for Health, in consultation with the assistance secretary responsible for operations, preparedness and security, as the implementing officials or entity.

   Under section 7326(c), of title 38, United States Code, the education and training programs currently established at the F. Edward Hebert School of Medicine of the Uniformed Services University of the Health Sciences would provide baseline national curriculum and clinical protocols for training health-care professionals.

   Section 7326(d), of title 38, United States Code, would require the education and training programs to cover the needs of health-care professionals at every level of learning and in a variety of fields.

   Under section 7326(e), of title 38, United States Code, the Secretary would be required to consult with the accrediting, certifying and coordinating bodies representing the various fields of health professions' education.

   Section 3(b), of the House bill would require the Secretaries to implement this section within 90 days of enactment.

   SENATE BILL--The Senate bill contains no comparable provisions.

   COMPROMISE AGREEMENT--Section 3 of the Compromise Agreement would follow the House language with one amendment requiring that programs be designed for health-care professionals ``in Department medical centers.''

   AUTHORITY TO FURNISH HEALTH CARE DURING MAJOR DISASTERS AND MEDICAL EMERGENCIES

   CURRENT LAW--Section 8111A of title 38, United States Code, authorizes VA to serve as a supportive contingency health-care system to the Department of Defense, requiring VA to furnish hospital care, nursing home care, and medical services to members of the Armed Forces on active duty during and following a period of foreign war. This provision addresses the potential needs of post-deployment forces following an armed conflict abroad, when active-duty military casualties might quickly overwhelm available military treatment facility resources. Under section 1784 of title 38, United States Code, the Secretary is authorized to ``furnish hospital care or medical services as a humanitarian service in emergency cases, but the Secretary shall charge for such care and services at rates prescribed by the Secretary.'' The authority of section 1784 addresses humanitarian care provided by the Department to non-veterans.

   Neither provision authorizes VA to care for active-duty military casualties following a domestic disaster or conflict, a possibility that must be acknowledged following the terrorist attacks in New York and Washington on September 11, 2001. In addition, current law does not recognize VA's already considerable commitment to providing emergency care during disasters as part of the Federal Response Plan established under Executive Orders 12148 and 12656.

   HOUSE BILL--The House bill contains no comparable provisions.

   SENATE BILL--Section 301(a) of the Senate bill would add a new section 1785 to title 38, United States Code, to authorize the Secretary to furnish hospital care and medical services to individuals responding to, involved in, or otherwise affected by a declared major disaster or emergency, or following activation of the NDMS. Proposed section 1785(c) of title 38, United States Code, would allow VA to care for veterans during such a disaster without regard to enrollment required under section 1705 of title 38, United States Code. Proposed section 1785(d) of title 38, United States Code, would authorize the Secretary to give higher priority to furnishing care to individuals affected by disasters than to anyone except service-connected veterans and members of the Armed Forces receiving care under section 8111A of title 38, United States Code. Proposed section 1785(e)(1) of title 38, United States Code, would authorize VA to be reimbursed for care furnished to an officer or employee of another Federal department or agency, with amounts credited in the Medical Care Collections Fund to the facility providing care. Under proposed section 1785(f) of title 38, United States Code, the Secretary would be required to report to the House and Senate Committees on Veterans' Affairs the volume of care furnished by VA under these provisions.

   Section 301(b) of the Senate bill would amend title 38 of the United States Code,

[Page: H6277]

   Finally, the Senate bill would amend section 8111A of title 38, United States Code, to authorize the Secretary to furnish hospital care or medical services to members of the Armed Forces on active duty in this country, whose need for care is related to their response to a covered disaster or national emergency.

   COMPROMISE AGREEMENT--Section 4 of the compromise Agreement would follow the Senate language, but would amend it by striking references to priorities for furnishing care. Also, the Compromise Agreement would delete language that would have suspended VA charges for emergency care under section 1784 of title 38, United States Code, during disasters.

   INCREASE IN NUMBER OF ASSISTANT SECRETARIES OF VETERANS AFFAIRS

   CURRENT LAW--Section 308 of title 38, United States Code, currently authorizes six assistant secretaries of the Department of Veterans Affairs and 18 deputy assistant secretaries.

   HOUSE BILL--Section 4 of the House bill would amend section 308 of title 38, United States Code, by increasing the number of authorized assistant secretaries to ``seven'' and would amend subsection (b) of that section by adding ``operations, preparedness, security, and law enforcement functions'' to currently authorized functions.

   SENATE BILL--Section 201 of the Senate bill is identical to section 4 of the House bill. Section 202 of the Senate bill would amend section 308(d)(1) of title 38, United States Code, by increasing the number of authorized deputy assistant secretaries from 18 to 20.

   COMPROMISE AGREEMENT--Sections 6(a) and (b) of the Compromise Agreement would follow identical provisions from both bills. Section 6(c) of the Compromise Agreement would increase the number of deputy assistant secretaries from 18 to 19. The Committees urge the Secretary to examine the deployment of existing deputy assistant secretaries to ensure that the Department is properly staffed with deputy assistant secretaries to fulfill its various functions and missions.

   CODIFICATION OF DUTIES OF SECRETARY OF VETERANS AFFAIRS RELATING TO EMERGENCY PREPAREDNESS

   CURRENT LAW--Section 154 of Public Law 107-188, the ``Public Health Security and Bioterrorism Preparedness and Response Act of 2002,'' enacted on June 12, 2002, mandated a series of responsibilities for the Secretary of Veterans Affairs related to bioterrorism and other emergency preparedness functions.

   HOUSE BILL--The House bill contains no comparable provisions.

   SENATE BILL--The Senate bill contains no comparable provisions.

   COMPROMISE AGREEMENT--The compromise Agreement is intended to codify authorities related to the Secretary's emergency preparedness duties, enacted in Public Law 107-188 into chapter 81 of title 38, United States Code.

   The Compromise Agreement would add a new section 8117 to title 38, United States Code. Proposed section 8117(a) codifies the requirement that the Secretary provide for the readiness of VA medical centers against chemical or biological attacks in order to protect patients and staff and to fulfill other emergency response missions. Proposed section 8117(a)(2) codifies the requirement that these preparations include provision and training in the use of decontamination and personal protection equipment.

   Proposed section 8117(b) of title 38, United States Code, would codify the requirement that the Secretary provide for the security of VA medical and research facilities, taking into account the security evaluation required by section 154(b)(1) of Public Law 107-188.

   Proposed section 8117(c) of title 38, United States Code, would codify the requirement that the Secretary develop and maintain a centralized system for tracking the location and availability of pharmaceuticals, medical supplies, and medical equipment throughout the VA's health-care system so that these items might be accessed quickly during disasters.

   Proposed section 8117(d) of title 38, United States Code, would codify the requirement that the Secretary ensure that VA medical centers, in consultation with affiliated medical schools, take steps to train resident physicians and other health-care personnel in the potential medical consequences of a terrorist attack.

   Proposed section 8117(e) of title 38, United States Code, would codify the requirement that the Secretary establish and maintain a training program for VA health-care professionals and their community partners in the NDMS, in accordance with recommendations of the bioterrorism preparedness working group established in title 42, United States Code, and in consultation with the other NDMS Federal partners.

   Proposed section 8117(f) of title 38, United States Code, would codify the requirement that the Secretary develop and maintain strategies that would allow VA expert personnel to provide mental health assistance, including counseling and assistance for post-traumatic stress disorder, following a terrorist attack or other public health emergency. Such a strategy would be developed in consultation with the Secretary of Health and Human Services, the American Red Cross and the bioterrorism preparedness working group established in title 42, United States Code. The Secretary would be responsible for training and coordinating VA providers in the treatment of veterans, emergency responders, active-duty military personnel, or others seeking care at a VA medical center.

   Madam Speaker, I reserve the balance of my time.

   Mr. EVANS. Madam Speaker, I yield myself such time as I may consume.

   I rise in strong support of the Veterans Affairs Emergency Preparedness Act, as amended. After the tragic events of September 11 last year, our chairman, the gentleman from New Jersey (Mr. Smith), again demonstrated his leadership. Chairman SMITH introduced legislation authorizing an important role for the Department of the VA in our Nation's fight against terrorism. That is the primary purpose of this measure today.

   It provides medical care to millions of veterans each year and conducts groundbreaking health care research, and it also provides educational opportunities to many of our Nation's health care providers.

   The VA is truly an unparalleled national resource. This legislation provides the structure and the authority for the VA to leverage its expertise to combat terrorism. For the VA to achieve this goal, it must have adequate resources.

   Today, the Veterans Affairs does not have enough resources. That is not my judgment, but it is the judgment of the Task Force to Improve Health Care Delivery to Veterans established by President Bush. I call on the President to fully fund the VA. I ask him to provide all funding the VA needs to deliver timely, quality care to our veterans, today and tomorrow; provide the resources the VA needs to combat terrorism. And I thank the chairman once again for his leadership.

   Madam Speaker, I reserve the balance of my time.

   Mr. SMITH of New Jersey. Madam Speaker, I yield such time as he may consume to the gentleman from Kansas (Mr. Moran), the distinguished chairman of the Subcommittee on Health.

   Mr. MORAN of Kansas. Madam Speaker, since September 11, our Nation has been made to reevaluate every action we undertake. A year after the attacks on New York and in Washington and the plane crash in Pennsylvania, we are still at a heightened state of alert. What we once considered a safe Nation has now become a people concerned about security. The citizens of America are looking now, more than ever, to Congress and to the President for answers.

   The legislation before us, H.R. 3253, would use the assets and expertise of the Department of Veterans Affairs to help protect the people of the United States from terrorists. Our government must be proactive in preparing the United States for future terrorist attacks. As Vice President Cheney cautioned earlier this year, ``The prospects of a future attack against the United States are almost certain.'' We must respond in a timely, effective and comprehensive manner to protect the American people when an attack occurs. This bill would help do just that.

   Under this bill, four geographically separated National Medical Emergency Preparedness centers would be established. Each center would study and work toward solutions to health consequences that arise from exposure to chemical, biological, explosive, and nuclear substances used as weapons of mass destruction.

   The VA is prepared to handle this new and important mission. In addition to its medical care mission to care for millions of American veterans, the veterans health care system is the Nation's largest health care provider of graduate medical education and a major contributor to biomedical and other scientific research. Because of this widely dispersed, integrated health care system, the VA can be, and has been in the past, an essential asset in responding to national emergencies.

   Not only would the four special centers conduct research and develop methods of detection, diagnosis, prevention, and treatment; but they would also be charged with the dissemination of the latest information to other public and private health care providers, to improve the quality of care for patients who may be exposed to deadly chemicals, radiation, or other terrorist weapons of mass destruction.

[Page: H6278]

   This bill would also require the Secretary of Veterans Affairs to carry out a program to develop and disseminate model education and training programs on the medical responses to terrorist activities. The VA's infrastructure, which includes affiliation with over 107 medical schools, and other schools of health professions, would enable current and future medical professionals in this country to be knowledgeable and medically competent in the treatment of casualties from terrorist attacks. Our bill provides the VA a formal role in the national disaster medical system and authorizes the VA to treat first responders, active duty forces, firefighters, police officers and members of the general public that may be victims of terrorism or other mass casualty disasters.

   With this bill, the VA health care professionals will be properly armed with information and education on bioterrorism response. Mechanisms will be put in place to study the likely avenues and methods of chemical, biological, and radiological poisoning; and the VA will be part of the rapid response by Federal, State, and local officials in types of emergencies that only a year ago we could scarcely imagine.

   H.R. 3253 is a bipartisan and bicameral compromise; and, Madam Speaker, I urge my colleagues to support this effort in America's war on terrorism.

   Mr. EVANS. Madam Speaker, I have no further requests for time, and I yield back the balance of my time.

   Mr. SMITH of New Jersey. Madam Speaker, I yield myself such time as I may consume, and I just want to begin by thanking my very good friend and colleague, the gentleman from Illinois (Mr. Evans), for his work on this legislation. We have served together on the Committee on Veterans' Affairs for longer than 20 years; and he as been a true advocate for veterans, and on this legislation, like on the others, has been a great friend and ally as we work in tandem to try to bring good, solid pieces of legislation to the floor. So I want to thank the gentleman from Illinois (Mr. Evans) for that good work.

   I want to thank Michael Durishin and Susan Edgerton, who are two of his top staffers, who again worked very, very tirelessly with our own staff here on the majority side; and again, these bills, the details of which are very much worked over and vetted, would not happen without that kind of cooperation. So I do want to thank them as well.

   The gentleman from Kansas (Mr. Moran), who just spoke, and the gentleman from California (Mr. Filner), the chairman and the ranking member of the Subcommittee on Health, and the gentleman from Indiana (Mr. Buyer) also, the chairman of the Subcommittee on Oversight and Investigations, worked on this legislation as well; and I want to thank them.

   I want to thank our own staff, Pat Ryan, Kingston Smith, Jeannie McNally, Peter Dickinson, Kathleen Greve and John Bradley, who all had input into this legislation, and, we have held hearings on it. One of them was one of those day-long hearings. We had four panels. We heard from experts, and again, I think we all were astonished at the lack of response when it came to these capabilities.

   As I alluded to earlier in my comments, I thought when I sat in those meetings in Trenton and Hamilton and Mercer County, where there was this befuddled look on the part of very well-meaning experts in the field about what do we do about anthrax, has it been spread through cross-contamination, what are the risks, how often and how long and to whom should Cipro or Doxycycline be administered.

   There were a million and one questions and very few answers because those questions had not been considered in advance; and that is what this legislation is all about, to establish centers of excellence that seek to find out, if this kind of event happens, what is prescribed, what is the consequence. Just today in The Washington Times, there was an excellent op-ed piece by a doctor who heads up the emergency room physicians, pointing out that the first responders, as they rush in to help in a situation, smallpox, anthrax, sarin, just name it, will not have a clue what it is they need to do to prepare themselves, to protect themselves and preclude contamination.

[Time: 15:15]

   So it is very important that these details be worked out in advance, coordinating with other agencies of the government. The VA has shown in the past it has a unique perspective and an expertise to bring to bear on this.

   Madam Speaker, I also thank our Senate colleagues. Senator Rockefeller worked on this and got legislation passed. It was a very cooperative effort. They added some very meaningful language to the bill, so we ended up with a very good hybrid that will go to the President for signature. I also thank Senator Specter, the ranking member. In addition, I appreciate the efforts of the Senate staff, Bill Tuerk and Kim Lipsky, David Goetz and Bill Cahill, and I especially thank Julie Fischer, who has been Senator Rockefeller's top aide, who worked with the other side of the aisle to craft a good bill. This bill has been endorsed by the administration. Now we will work on getting this bill signed, implemented, and then we will do oversight on its implementation.

• [Begin Insert]

   Mr. RODRIGUEZ. Madam Speaker, I rise in support of the amended version of H.R. 3253, the Emergency Preparedness Act. As an original co-sponsor of H.r. 3253, I recognize the significant role the Department of Veterans Affairs (VA) can play in our quest as a nation to restore a sense of security following the horrific events of September 11, 2001 and the subsequent anthrax attacks. This measure would authorize the VA to become a full partner in our defense efforts through the establishment of four ``Medical Emergency Preparedness Centers'' at VA hospitals throughout the nation.

   These centers would be charged with conducting medical research, and developing health care responses for chemical, biological, radiological, incendiary and explosive threats to the public. The centers would also provide education, training, and advice to VA and outside doctors, and other health care professionals on how to diagnose and treat illnesses caused by exposure to chemical, biological and radioactive materials. Especially important is the role the proposed centers would play in providing rapid response assistance and other aid to local health care authorities in the event of a national emergency.

   This legislation recognizes the critical role the VA can play in our homeland security efforts. The VA operates the nation's largest integrated health care network with over 20,000 health care professionals, 163 medical centers, 800 outpatient clinics, 115 medical research centers, and has affiliations with more than 100 medical schools. Several VA facilities have already initiated efforts to serve our country in this effort. For example, the Audie Murphy Memorial Hospital in San Antonio, has developed relationships and shared teaching and research arrangements with various medical school sin Texas and the county hospital system. Audie Murphy also works closely with several military medical missions with expertise in chemical, biological and radiological hazards.

   The collaborative efforts of veterans health care providers, like Audie Murphy Hospital, not only help veterans, but our nation as a whole. Further, it puts the VA in a critical position to attract high level scientists in fields relevant to bio-chemical and radiological threats. I believe that through the development of National Emergency Preparedness Centers, the VA can become an important partner in our nation's homeland defense efforts.

• [End Insert]

   Mr. SMITH of New Jersey. Madam Speaker, I yield back the balance of my time.

   The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion offered by the gentleman from New Jersey (Mr. Smith) that the House suspend the rules and agree to the resolution, H. Res. 526.

   The question was taken; and (two-thirds having voted in favor thereof) the rules were suspended and the resolution was agreed to.

   A motion to reconsider was laid on the table.

END

4B) Establishment of Vaccine Acquisition Council
SA 4606. Mr. HUTCHINSON submitted an amendment intended to be proposed to amendment SA 4471 proposed by Mr. LIEBERMAN to the bill H.R. 5005, to establish the Department of Homeland Security, and for other purposes; which was ordered to lie on the table; as follows:

On page 114, between lines 5 and 6, insert the following:
SEC. 140. VACCINE ACQUISITION COUNCIL.

(a) ESTABLISHMENT.--
(1) IN GENERAL.--There is a Vaccine Acquisition Council within the Department of Homeland Security.

(2) COMPOSITION.--The Council shall consist of the following:
(A) Personnel of the Department of Homeland Security designated by the Secretary of Homeland Security.
(B) Representatives of the Department of Defense designated by the Secretary of Defense.
(C) Representatives of the Department of Health and Human Services designated by the Secretary of Health and Human Services.
(D) The Assistant to the President for Science and Technology.

(3) CHAIR.--The Secretary of Homeland Security shall designate an officer or employee of the Department of Homeland Security as the Chairperson of the Council.
(b) DUTIES.--The Vaccine Acquisition Council shall have the following duties:
(1) REQUIREMENTS DEFINITION.--To identify the public health requirements of the Department of Homeland Security and the Department of Health and Human Services and [Page: S8784] the military requirements of the Department of Defense for vaccines to prevent or mitigate the physiological effects of exposure to biological warfare agents.
(2) BUDGET RECOMMENDATIONS.--To make recommendations to the Secretary of Homeland Security, the Secretary of Defense, the Secretary of Department of Health and Human Services, and the heads of other agencies of the United States regarding the funding of acquisitions of such vaccines to meet requirements.
(3) LIAISON WITH INDUSTRY.--To serve as a clearinghouse for the communication of information between agencies of the United States and private sector sources of such vaccines.
(4) COORDINATION OF ACQUISITIONS.--To coordinate the acquisition of such vaccines for meeting the requirements of the Department of Department of Homeland Security, the Department of Defense, and the Health and Human Services for the vaccines.
(5) ACQUISITION REFORM.--To make recommendations regarding reforms of acquisition policies and procedures for the acquisition of vaccines so as to simplify and expedite the meeting of requirements of the United States for the vaccines.
(6) SOLUTION OF PRODUCTION OBSTACLES.--To identify obstacles to industry support for the production of such vaccines and to propose solutions for eliminating or minimizing such obstacles.

(c) PERIODIC REPORT.--
(1) REQUIREMENT FOR REPORT.--The Vaccine Acquisition Council shall periodically submit a report on its activities to the Secretary of Homeland Security. The report shall be submitted not less frequently than once each year.
(2) TRANSMISSION TO CONGRESS.--Promptly after receiving a periodic report under paragraph (1), the Secretary shall transmit the report to Congress.

(d) DETAIL OF PERSONNEL.--The Secretary of Defense and the Secretary of Health and Human Services may each detail personnel of the Department of Defense and employees of the Department of Health and Human Services, respectively, to the Department of Homeland Security to serve with personnel of the Department of Homeland Security as the staff of the Vaccine Acquisition Council.

(e) INITIAL OPERATION.--The Secretary of Homeland Security shall ensure that the Vaccine Acquisition Council commences operations within 30 days after the effective date of this division.

SEC. 141. REQUIREMENT FOR GOVERNMENT-OWNED, CONTRACTOR-OPERATED FACILITY FOR THE PRODUCTION OF VACCINES.

(a) DOD CONTRACTOR OPERATED FACILITY.--The Secretary of Defense shall be the executive agent of the Secretary of Homeland Security to design, construct, and contract for the operation of a Government-owned facility for the production of vaccines to meet the military requirements of the Department of Defense to prevent or mitigate the physiological effects of exposure to biological warfare agents.

(b) REQUIREMENT FOR PLAN.--Not later than 60 days after the date of the enactment of this Act, the Vaccine Acquisition Council of the Department of Homeland Security shall submit to Congress a plan for the construction and operation of a vaccine production facility referred to in subsection (a). The plan shall include the following:
(1) SCHEDULE.--A schedule for the planning, design, and construction of the facility that provides for construction to begin within one year after such date.
(2) BUDGET.--A discussion of how the planning, design, and construction is to be funded to meet that schedule.

4C) Department of Veteran's Affairs Emergency Preparedness
Mr. BUYER. Madam Speaker, today I rise in support of H.R. 3253, as amended, which reflects the House-Senate compromise that was reached. This legislation was originally introduced by Chairman Chris Smith to establish at least four medical emergency preparedness centers at designated VA medical centers. As a cosponsor of this legislation, I want to thank Chairman Smith for his leadership in moving this important legislation towards final passage. I also want to thank Chairman Smith, members, and staff in both chambers for preserving H.R. 3254, the Medical Education for National Defense (MEND) for the 21st Century in the final package. That language is incorporated in Section 3 of H.R. 3253, as amended, and is entitled: Education and Training Programs on Medical Responses to Consequences of Terrorist Activities.

Section 3 of H.R. 3253, as amended, would establish an education program to be carried out through the Department of Veterans Affairs. The education and training curriculum developed under the program shall be modeled upon the F. Edward Hebert School of Medicine of the Department of Defense's Uniformed Services University of Health Sciences (USUHS) core curriculum, which includes a program to teach its students how to diagnose and treat casualties that have been exposed to chemical, biological, or radiological agents.

As a Nation, we must be prepared for the new face of terror that we have been forced to confront in the aftermath of the September 11th attacks. What has become all too clear is that our health care providers are not resourced or trained with the proper tools to diagnose and treat casualties in the face of biological, radiological, and chemical weapons .

It is imperative that such a program be disseminated to the Nation's medical professionals and current medical students. This section of the bill takes advantage of the nexus that already exists between the medical education community and the VA. Currently, 107 medical universities are affiliated with a VA medical center. This nexus is already in place and that is what we plan to exploit.

The VA's extensive infrastructure of 163 medical centers, 800 clinics, and satellite broadcast capabilities, will enable the current and future medical professionals in this country to become knowledgeable and medically competent in the treatment of casualties that we all hope will never materialize.

We cannot afford to assume that our country will never again experience a biological, chemical, or radiological attack on the American people. We must, as elected Representatives, act to ensure that if the worst of our fears are realized that the country's medical professionals will be ready and able to deal with these situations.

It is not the intent of this legislation to create new community standards of practice. We must recognize that diseases such as smallpox, botulism, and the plague are not normally treated or recognized in this country. It is extremely important that all of our health care professionals are familiar with and able to diagnos