[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1281 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1281
To amend title 38, United States Code, to presume additional diseases
of former prisoners of war to be service-connected for compensation
purposes, to enhance the Dose Reconstruction Program of the Department
of Defense, to enhance and fund certain other epidemiological studies,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2003
Mr. Graham of Florida introduced the following bill; which was read
twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to presume additional diseases
of former prisoners of war to be service-connected for compensation
purposes, to enhance the Dose Reconstruction Program of the Department
of Defense, to enhance and fund certain other epidemiological studies,
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 ``Veterans Information and Benefits
Enhancement Act of 2003''.
SEC. 2. PRESUMPTION OF ADDITIONAL DISEASES OF FORMER PRISONERS OF WAR
TO BE SERVICE-CONNECTED FOR COMPENSATION PURPOSES.
(a) Presumption.--Section 1112(b) of title 38, United States Code,
is amended--
(1) in paragraph (14), by striking ``or'' at the end; and
(2) by inserting after paragraph (15) the following new
paragraphs:
``(16) cardiovascular disease (heart disease),
``(17) cerebrovascular disease (stroke), or
``(18) chronic liver disease, including cirrhosis and
primary liver carcinoma,''.
(b) Effective Date.--(1) The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act.
(2) No benefit may be paid by reason of the amendments made by
subsection (a) for any period before the date of the enactment of this
Act.
SEC. 3. DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT OF DEFENSE.
(b) Review of Mission, Procedures, and Administration.--(1) The
Secretary of Veterans Affairs and the Secretary of Defense shall
jointly conduct a review of the mission, procedures, and administration
of the Dose Reconstruction Program of the Department of Defense.
(2) In conducting the review under paragraph (1), the Secretaries
shall--
(A) determine whether any additional actions are required
to ensure that the quality assurance and quality control
mechanisms of the Dose Reconstruction Program are adequate and
sufficient for purposes of the program; and
(B) determine the actions that are required to ensure that
the mechanisms of the Dose Reconstruction Program for
communication and interaction with veterans are adequate and
sufficient for purposes of the program, including mechanisms to
permit veterans to review the assumptions utilized in their
dose reconstructions.
(3) Not later than 90 days after the date of the enactment of this
Act, the Secretaries shall jointly submit to Congress a report on the
review under paragraph (1). The report shall set forth--
(A) the results of the review;
(B) a plan for any actions determined to be required under
paragraph (2); and
(C) such other recommendations for the improvement of the
mission, procedures, and administration of the Dose
Reconstruction Program as the Secretaries jointly consider
appropriate.
(b) On-Going Review and Oversight.--The Secretaries shall jointly
take appropriate actions to ensure the on-going independent review and
oversight of the Dose Reconstruction Program, including the
establishment of the advisory board required by subsection (c).
(c) Advisory Board.--(1) In taking actions under subsection (b),
the Secretaries shall jointly appoint an advisory board to provide
review and oversight of the Dose Reconstruction Program.
(2) The advisory board under paragraph (1) shall be composed of the
following:
(A) At least one expert in historical dose reconstruction
of the type conducted under the Dose Reconstruction Program.
(B) At least one expert in radiation health matters.
(C) At least one expert in risk communications matters.
(D) A representative of the Department of Veterans Affairs.
(E) A representative of the Defense Threat Reduction
Agency.
(F) At least three veterans, including at least one veteran
who is a member of an atomic veterans group.
(3) The advisory board under paragraph (1) shall--
(A) conduct periodic, random audits of dose reconstructions
and decisions on claims for radiogenic diseases under the Dose
Reconstruction Program;
(B) assist the Department of Veterans Affairs and the
Defense Threat Reduction Agency in communicating to veterans
information on the mission, procedures, and evidentiary
requirements of the Dose Reconstruction Program; and
(C) carry out such other activities with respect to the
review and oversight of the Dose Reconstruction Program as the
Secretaries shall jointly specify.
(4) The advisory board under paragraph (1) may make such
recommendations on modifications in the mission or procedures of the
Dose Reconstruction Program as the advisory board considers appropriate
as a result of the audits conducted under paragraph (3)(A).
SEC. 4. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY.
(a) In General.--The Secretary of Veterans Affairs shall, in
accordance with this section, carry out a study to determine the
appropriate disposition of the Air Force Health Study, an epidemiologic
study of Air Force personnel who were responsible for conducting aerial
spray missions of herbicides during the Vietnam era.
(b) Study Through National Academy of Sciences.--Not later than
sixty days after the date of the enactment of this Act, the Secretary
shall seek to enter into an agreement with the National Academy of
Sciences, or another appropriate scientific organization, to carry out
the study required by subsection (a).
(c) Elements.--Under the study under subsection (a), the National
Academy of Sciences, or other appropriate scientific organization,
shall address the following:
(1) The scientific merit of retaining and maintaining the
medical records, other study data, and laboratory specimens
collected in the course of the Air Force Health Study after the
currently-scheduled termination date of the study in 2006.
(2) Whether or not any obstacles exist to retaining and
maintaining the medical records, other study data, and
laboratory specimens referred to in paragraph (1), including
privacy concerns.
(3) The advisability of providing independent oversight of
the medical records, other study data, and laboratory specimens
referred to in paragraph (1), and of any further study of such
records, data, and specimens, and, if so, the mechanism for
providing such oversight.
(4) The advisability of extending the Air Force Health
Study, including the potential value and relevance of extending
the study, the potential cost of extending the study, and the
Federal or non-Federal entity best suited to continue the study
if extended.
(5) The advisability of making the laboratory specimens of
the Air Force Health Study available for independent research,
including the potential value and relevance of such research,
and the potential cost of such research.
(d) Report.--Not later than 60 days after entering into an
agreement under subsection (b), the National Academy of Sciences, or
other appropriate scientific organization, shall submit to the
Secretary and Congress a report on the results of the study under
subsection (a). The report shall include the results of the study,
including the matters addressed under subsection (c), and such other
recommendations as the Academy, or other appropriate scientific
organization, considers appropriate as a result of the study.
SEC. 5. FUNDING OF MEDICAL FOLLOW-UP AGENCY OF INSTITUTE OF MEDICINE OF
NATIONAL ACADEMY OF SCIENCES FOR EPIDEMIOLOGICAL RESEARCH
ON MEMBERS OF THE ARMED FORCES AND VETERANS.
(a) Funding by Department of Veterans Affairs.--(1) The Secretary
of Veterans Affairs shall make available to the National Academy of
Sciences in each of fiscal years 2004 through 2013, $250,000 for the
Medical Follow-Up Agency of the Institute of Medicine of the Academy
for purposes of epidemiological research on members of the Armed Forces
and veterans.
(2) The Secretary of Veterans Affairs shall make available amounts
under paragraph (1) for a fiscal year from amounts available for the
Department of Veterans Affairs for that fiscal year.
(b) Funding by Department of Defense.--(1) The Secretary of Defense
shall make available to the National Academy of Sciences in each of
fiscal years 2004 through 2013, $250,000 for the Medical Follow-Up
Agency for purposes of epidemiological research on members of the Armed
Forces and veterans.
(2) The Secretary of Defense shall make available amounts under
paragraph (1) for a fiscal year from amounts available for the
Department of Defense for that fiscal year.
(c) Use of Funds.--The Medical Follow-Up Agency shall use funds
made available under subsections (a) and (b) for epidemiological
research on members of the Armed Forces and veterans.
(d) Supplement Not Supplant.--Amounts made available to the Medical
Follow-Up Agency under this section for a fiscal year for the purposes
referred to in subsection (c) are in addition to any other amounts made
available to the Agency for that fiscal year for those purposes.
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