S.Amdt. 5934

SA 5934. Mr. WELCH submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction,

[[Page S3080]]

and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title VII add the following:

SEC. 771. SUPPLEMENTATION OF HEALTH RECORDS OF DECEASED
VETERANS.

(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly take actions
necessary to ensure that the health records of the Department
of Defense and the Department of Veterans Affairs may be
updated with observed health conditions and other relevant
health information of a deceased enrollee by--
(1) an individual designated by such deceased enrollee; or
(2) if no such individual is designated, an immediate
family member of such deceased enrollee.
(b) Designation.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly provide for a
process by which an individual may make a designation for
purposes of subsection (a)(1).
(c) No Modification of Health Information.--Notwithstanding
the privacy regulations promulgated under the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191), at part 160 of title 45, Code of Federal
Regulations, and subparts A, C, and E of part 164 of such
title (or any successor regulations), any update under
subsection (a) shall supplement information contained in the
health records of a deceased enrollee and shall not modify
information contained in such records.
(d) Definitions.--In this section:
(1) Deceased enrollee.--The term ``deceased enrollee''
means any individual who, at the time of his or her death--
(A) was enrolled in the patient enrollment system of the
Department of Veterans Affairs established and operated under
section 1705(a) of title 38, United States Code; or
(B) was entitled to care under the TRICARE program, as
defined in section 1072 of title 10, United States Code.
(2) Immediate family member.--The term ``immediate family
member'', with respect to a deceased enrollee, means--
(A) the spouse, parent, brother, sister, or adult child of
the individual; or
(B) an adult person to whom the individual stands in loco
parentis.
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