[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3341 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3341
To improve the emergency management capabilities of the Department of
Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 15, 2023
Mr. Tester (for himself, Mr. Moran, and Ms. Hirono) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To improve the emergency management capabilities of the Department of
Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing VA's Emergency Response to
(AVERT) Crises Act of 2023''.
SEC. 2. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS TO IMPLEMENT A
FULLY OPERATIONAL EMERGENCY COMMUNICATIONS SYSTEM
THROUGHOUT MEDICAL FACILITIES OF DEPARTMENT.
(a) Implementation Required.--Not later than two years after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall implement a fully operational high-frequency emergency
communications system throughout medical facilities of the Department
of Veterans Affairs.
(b) Purpose of System.--The system required to be implemented under
subsection (a) shall--
(1) serve as a means of maintaining communications at
medical facilities of the Department during disasters or
emergencies without the need for external infrastructure;
(2) enable emergency communications between medical
facilities of the Department and other Government agencies with
high-frequency communications capabilities; and
(3) be used to reestablish the provision of health care
services to veterans, maintain the situational awareness of
staff of the Department, coordinate emergency response, and
request resources as needed.
(c) Consultation.--In preparing to carry out subsection (a), the
Secretary of Veterans Affairs shall consult with the Secretary of
Homeland Security and the heads of such other Federal agencies as the
Secretary of Veterans Affairs considers relevant, on best practices in
implementing high-frequency emergency communications.
(d) Contracts.--
(1) In general.--In carrying out subsection (a), the
Secretary of Veterans Affairs shall--
(A) renegotiate any contract in effect on the day
before the date of the enactment of this Act that
provides for the Resilient High Frequency Radio Network
of the Department; or
(B) solicit such new contracts as the Secretary
considers appropriate to provide the high-frequency
emergency communications services and equipment
necessary to carry out subsection (a).
(2) Maintenance.--In carrying out subsection (a), the
Secretary shall ensure that a contract is in effect for the
high-frequency emergency communications system required by such
subsection, including for the provision of on-demand
maintenance and routine maintenance.
(e) Requirements.--In carrying out subsection (a), the Secretary
shall--
(1) designate one office in the Central Office of the
Department to lead the implementation of the emergency
communications system required under such subsection;
(2) create a staffing model to be distributed to and used
by medical facilities of the Department--
(A) to identify who at the facility level will be
responsible for verifying that the equipment for such
system is fully functional; and
(B) to ensure such system is monitored at all
times;
(3) create and distribute guidelines to medical facilities
of the Department, in conjunction with the appropriately
designated contracting officer or acquisition center, for
acceptance and installation of such system, including
demonstration of operability before final inspection and
acceptance of such system;
(4) ensure equipment functionality and operator knowledge
by creating and managing a training and testing program to
include--
(A) ensuring relevant staff receive comprehensive
training regarding such system, including training on
operation and maintenance of such system;
(B) conducting internal exercises at all medical
facilities of the Department not less frequently than
once per year to test equipment functionality and
ensure staff have experience operating the equipment in
a simulated emergency; and
(C) collaborating with the Secretary of Homeland
Security to determine the feasibility of conducting
multi-agency exercises every two years;
(5) create and distribute general guidance to medical
facilities of the Department regarding where emergency
communications equipment should be located in a medical
facility, and collect and store information on the location of
the equipment in each medical facility;
(6) ensure medical facilities of the Department include
information on such system in each facility-specific
Comprehensive Emergency Management Program, or successor
program; and
(7) ensure medical facilities of the Department regularly
monitor the staffing levels and training programs for such
system to ensure enough trained staff are available to monitor
such system at all times.
(f) Phased Implementation.--
(1) Initial locations.--The Secretary of Veterans Affairs
shall ensure that the system required by subsection (a) is
initially installed and tested throughout three Veterans
Integrated Service Networks the Secretary shall select for the
purposes of this section.
(2) Determination of fully operational system and notice to
congress.--
(A) In general.--Once the system required by
subsection (a) is installed and tested in the three
Veterans Integrated Service Networks pursuant to
paragraph (1) and the Secretary determines the system
is fully operational in accordance with subparagraph
(B) and is able to be implemented at all medical
facilities of the Department, the Secretary shall
submit to Congress notice of such determination.
(B) Determination.--The Secretary may only
determine that the system described in subparagraph (A)
is fully operational if--
(i) the Secretary validates the completion
of training, certification, and system use by
the applicable workforce;
(ii) the system has been monitored by the
applicable workforce for a period of three
months;
(iii) the system has been in operation for
a continuous period of three months without any
system outages; and
(iv) the Secretary has completed two
training exercises involving all test
installation sites.
(3) Full implementation.--Once the Secretary has determined
pursuant to paragraph (2) that the system required by
subsection (a) is fully operational and submitted notice to
Congress of such determination in accordance with such
paragraph, the Secretary shall implement the system at all
medical facilities of the Department.
(g) Initial Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
on the plans of the Secretary to implement the system required
by subsection (a).
(2) Elements.--The report submitted pursuant to paragraph
(1) shall include the following:
(A) A detailed timeline of the planned
implementation of the system required by subsection
(a).
(B) An identification of the three Veterans
Integrated Service Networks selected under subsection
(f)(1).
(C) A description of the specific metrics and
benchmarks the Secretary plans to use to make the
determination under subsection (f)(2).
(D) A description of the plans of the Secretary for
contracting under subsection (d)(1).
(E) A description of the plans of the Secretary for
contracting under subsection (d)(2).
(F) A spending plan for implementation of the
system.
(G) An identification of which office the
Department has designated under subsection (e)(1).
(H) An identification of the staffing structure of
the office identified in subparagraph (G), including
any plans to change the structure of such office to
more effectively implement the system.
(I) Details on the roles and responsibilities of
each of the following entities in implementing the
system:
(i) The office identified pursuant to
subparagraph (G).
(ii) Any other offices of the Department
involved at the Central Office of the
Department.
(iii) Veterans Integrated Service Networks.
(iv) Medical facilities of the Department.
(J) A description of the staffing model required
under subsection (e)(2).
(K) Details on the training required under
subsection (e)(4)(A), including--
(i) the components of the training;
(ii) the duration of the training;
(iii) the frequency of the training;
(iv) which employees will be required to
take such training;
(v) whether the training will be conducted
by the Department or a contractor; and
(vi) how the Secretary plans to oversee and
track completion of the training.
(L) A description of the guidelines created and
distributed under subsection (e)(5).
(M) A description of how the Secretary plans to
ensure medical facilities of the Department include
information on the system in each facility-specific
Comprehensive Emergency Management Program, or
successor program.
(N) A description of how the Secretary plans to
ensure medical facilities of the Department regularly
monitor the staffing levels for the system to ensure
enough trained staff are available to monitor the
system at all times.
(O) A description of any updates the Secretary
plans to make to the directives of the Department on
the topic of emergency communications.
(P) An assessment of whether other facilities of
the Department, including facilities of the Veterans
Benefits Administration and facilities of the National
Cemetery Administration, require the implementation of
a high-frequency emergency communications system, and
if so--
(i) the plan of the Secretary to implement
a high-frequency emergency communications
system throughout such facilities; and
(ii) whether the Secretary requires action
by Congress to carry out such plan.
(h) Annual Reports.--
(1) In general.--Not later than 90 days after the date on
which the Secretary completes implementation of the system
under subsection (a), and not less frequently than once each
year thereafter, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on the
operations of such system.
(2) Contents.--Each report submitted pursuant to paragraph
(1) shall include, for the period covered by the report, the
following:
(A) Information on whether each site hosting the
system required by subsection (a) is adequately staffed
to monitor the system 24 hours per day for seven days
per week.
(B) Information on whether any outages have
occurred with respect to such system since the previous
report, or, for the first report, whether any outages
have occurred since the full implementation of such
system under subsection (f)(3).
(C) The results of internal and external exercises
conducted to demonstrate functionality of such system.
(D) Whether any contract renegotiations or
modifications or new contracts have occurred for either
the procurement of high-frequency emergency
communications equipment, maintenance, or training.
(E) Any updated guidance or trainings provided to
employees tasked with overseeing such system.
(i) OIG Report.--Not later than three years after the date of the
enactment of this Act, the Inspector General of the Department of
Veterans Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the implementation by the Department of the
system required by subsection (a), which shall include an analysis of
the following:
(1) The effectiveness and functionality of the system.
(2) The staffing model required under subsection (e)(2).
(3) The level of coordination by the Central Office of the
Department with medical facilities of the Department in helping
those facilities implement and maintain the system.
(4) The effectiveness of the training and testing program
required under subsection (e)(4).
(5) Any difficulties with ensuring trained staff are
available to monitor the system at all times.
SEC. 3. REPORT ON EMERGENCY MANAGEMENT ROLES FOR DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report outlining
the roles and responsibilities of all offices of the Department of
Veterans Affairs involved with emergency management.
(b) Consultation.--In preparing the report required by subsection
(a), the Secretary of Veterans Affairs shall consult with the
Comptroller General of the United States, the Inspector General of the
Department of Veterans Affairs, the Secretary of Homeland Security, and
such other Federal agencies as the Secretary of Veterans Affairs
considers relevant, to obtain insights from their experience and trends
that they have found, and such recommendations as they may have with
respect to the management by the Department of Veterans Affairs of
emergency management functions.
(c) Contents.--The report submitted pursuant to subsection (a)
shall include the following:
(1) A description of the organizational structure of each
office, both during normal operations and during emergency or
disaster operations.
(2) The roles and responsibilities of each office.
(3) A detailed description of roles and responsibilities
that are shared by both the Office of Emergency Management of
the Department and the Office of Operations, Security, and
Preparedness of the Department, including an analysis of how
each office plays a part in emergency management functions.
(4) Recommendations for improving the structure and
alignment of relevant offices to better prepare the Department
for emergencies, remove redundancies, and improve
accountability.
(5) An analysis of the feasibility and advisability of
consolidating relevant offices into one centralized emergency
management office to improve communication and streamline
emergency preparedness and response efforts of the Department.
SEC. 4. REPORT ON REGIONAL READINESS CENTERS OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report on the
Regional Readiness Centers of the Department of Veterans Affairs.
(b) Contents.--The report submitted pursuant to subsection (a)
shall include the following:
(1) The number of requests made by facilities of the
Department to obtain supplies from a Regional Readiness Center
since the inception of the Regional Readiness Center program,
disaggregated by Regional Readiness Center.
(2) Information on types and amounts of material
distributed since the inception of the Regional Readiness
Center program, disaggregated by Regional Readiness Center.
(3) Current inventory, disaggregated by Regional Readiness
Center.
(4) An overview of the change in inventory in each Regional
Readiness Center during the two-year period ending on the date
of the enactment of this Act.
(5) The percentage of inventory that is expired or that
will expire in the next month, disaggregated by Regional
Readiness Center.
(6) Operational costs since the inception of the Regional
Readiness Center program, disaggregated by Regional Readiness
Center.
(7) An analysis of the types and sizes of emergencies,
including natural disasters, public health emergencies, or
Fourth Mission activations of the Department, with respect to
which each Regional Readiness Center would be able to provide
sufficient resources to respond to, based on the current
capacity of the Regional Readiness Center.
(8) Any plans of the Secretary to realign or change the
number of Regional Readiness Centers.
SEC. 5. IMPROVEMENTS TO THE EMERGENCY CACHE PROGRAM OF DEPARTMENT OF
VETERANS AFFAIRS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall carry out the following:
(1) Tracking system and minimum time frames.--Establish a
tracking system and minimum time frames by which the Emergency
Pharmacy Service initiates resupply orders to make sure
emergency caches and emergency pharmacy vehicles are fully
stocked with unexpired inventory. Such time frames shall
account for--
(A) any extension of the shelf life of inventory
under the Shelf Life Extension Program; and
(B) historical data of the Department of Veterans
Affairs on the time it typically takes the Department
to reorder, receive, and restock emergency caches or
emergency pharmacy vehicles, as the case may be.
(2) Accountability mechanism.--Create an accountability
mechanism to ensure the Emergency Pharmacy Service and the
Watch Office are maintaining accurate and complete records of
emergency cache activations.
(3) Guidelines on authorized access.--Provide guidelines
for facilities of the Department regarding which individuals
are authorized to access the emergency caches.
(4) Guidelines on responsibility for distribution.--Provide
guidelines for facilities of the Department regarding which
individuals are responsible for distributing the contents of
the emergency cache if activated.
(5) Training.--Provide all Department employees identified
by the Secretary under paragraphs (3) and (4) with a training
that includes information on--
(A) the contents of the emergency cache;
(B) circumstances for use of the emergency cache;
(C) the actions the employee should take if they
believe activation of the cache is warranted; and
(D) procedures for distributing the contents of the
cache.
(6) Oversight of veterans health administration emergency
caches.--Designate one program office of the Department to have
primary responsibility for oversight of emergency caches of the
Veterans Health Administration.
SEC. 6. PLAN TO ALLOW FUEL SHARING AND INCREASED COORDINATION BETWEEN
THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE
DEPARTMENT OF VETERANS AFFAIRS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall, after consulting with the
Administrator of the Federal Emergency Management Agency, submit to the
Committee on Veterans' Affairs of the Senate, the Committee on
Veterans' Affairs of the House of Representatives, the Committee on
Homeland Security and Government Affairs of the Senate, and the
Committee on Homeland Security of the House of Representatives a report
regarding--
(1) the current limitations preventing the Federal
Emergency Management Agency from providing fuel or other
resources to the Department of Veterans Affairs during
emergencies;
(2) whether the Department requires action by Congress to
allow such resource provision to occur;
(3) whether the Secretary has been unable to coordinate
with the Administrator during prior emergencies or Fourth
Mission activations due to a lack of authority for such
coordination; and
(4) whether the Secretary requires action by Congress to
address any of the issues mentioned under paragraph (3).
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