38 USC 7328 - Medical preparedness centers

1 See References in Text note below.

or through interagency agreements entered into by the Secretary for that purpose.

Editorial Notes

References in Text

Section 2811(span) of the Public Health Service Act, referred to in subsec. (span)(2), was redesignated section 2812(a) of the Public Health Service Act by Puspan. L. 109–417, title I, § 102(a)(2), title III, § 301(a)(3), Dec. 19, 2006, 120 Stat. 2832, 2853, and is classified to section 300hh–11(a) of Title 42, The Public Health and Welfare.

Codification

The text of subsecs. (a) to (h) of this section consists of the text of section 7325(a) to (h) of this title, as duplicated in this section by Puspan. L. 108–422, § 303(c)(1)(B), which was based on Puspan. L. 107–287, § 2(a)(1), Nov. 7, 2002, 116 Stat. 2024.

Amendments

2008—Subsec. (i)(2). Puspan. L. 110–387 substituted “medical services account” for “medical care account”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System, including the functions of the Secretary of Homeland Security and the Under Secretary for Emergency Preparedness and Response relating thereto, to the Secretary of Health and Human Services, see title III of Puspan. L. 109–295, set out in part as a note under section 300hh–11 of Title 42, The Public Health and Welfare, and section 301(span) of Puspan. L. 109–417, set out as a note under section 300hh–11 of Title 42.

For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System of the Department of Health and Human Services, including the functions of the Secretary of Health and Human Services and the Assistant Secretary for Public Health Emergency Preparedness [now Assistant Secretary for Preparedness and Response] relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(5) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Enhancement of Medical Preparedness of Department of Veterans Affairs

Puspan. L. 108–422, title III, § 303(a), (span), Nov. 30, 2004, 118 Stat. 2386, as amended by Puspan. L. 117–286, § 4(a)(222), Dec. 27, 2022, 136 Stat. 4330, provided that:

“(a)Peer Review Panel.—In order to assist the Secretary of Veterans Affairs in selecting facilities of the Department of Veterans Affairs to serve as sites for centers under section 7328 of title 38, United States Code, as added by subsection (c), the Secretary shall establish a peer review panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the selection of such facilities. The panel shall be established not later than 90 days after the date of the enactment of this Act [Nov. 30, 2004] and shall include experts in the fields of toxicological research, infectious diseases, radiology, clinical care of veterans exposed to such hazards, and other persons as determined appropriate by the Secretary. Members of the panel shall serve as consultants to the Department of Veterans Affairs. Amounts available to the Secretary for Medical Care may be used for purposes of carrying out this subsection. The panel shall not be subject to chapter 10 of title 5, United States Code.

“(span)Proposals.—The Secretary shall solicit proposals for designation of facilities as described in subsection (a). The announcement of the solicitation of such proposals shall be issued not later than 60 days after the date of the enactment of this Act, and the deadline for the submission of proposals in response to such solicitation shall be not later than 90 days after the date of such announcement. The peer review panel established under subsection (a) shall complete its review of the proposals and submit its recommendations to the Secretary not later than 60 days after the date of the deadline for the submission of proposals. The Secretary shall then select the four sites for the location of such centers not later than 45 days after the date on which the peer review panel submits its recommendations to the Secretary.”