[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6076 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 6076
To require the Administrator of the National Aeronautics and Space
Administration to establish a program for the medical monitoring,
diagnosis, and treatment of astronauts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2016
Mr. Babin (for himself, Ms. Edwards, Mr. Smith of Texas, Ms. Eddie
Bernice Johnson of Texas, Mr. Posey, Mr. Bridenstine, and Mr. Abraham)
introduced the following bill; which was referred to the Committee on
Science, Space, and Technology
_______________________________________________________________________
A BILL
To require the Administrator of the National Aeronautics and Space
Administration to establish a program for the medical monitoring,
diagnosis, and treatment of astronauts, 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 ``To Research, Evaluate, Assess, and
Treat Astronauts Act'' or the ``TREAT Astronauts Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of NASA.
(2) Crewmember.--The term ``crewmember'' means an
individual certified by the Administrator to be--
(A) a former NASA astronaut or payload specialist
who has flown on at least one orbital space mission; or
(B) a management NASA astronaut who has flown on at
least one orbital space mission and is currently
employed by the Federal Government.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) Program.--The term ``Program'' means the medical
monitoring, diagnosis, and treatment program established under
section 3.
(5) Space flight-associated medical condition.--The term
``space flight-associated medical condition'' means--
(A) for purposes of medical monitoring or diagnosis
under the Program, a psychological or medical condition
that the Administrator determines is potentially
associated with human space flight; and
(B) for purposes of medical treatment under the
Program, a psychological or medical condition that the
Administrator determines is associated with human space
flight.
SEC. 3. PROGRAM FOR THE MEDICAL MONITORING, DIAGNOSIS, AND TREATMENT OF
ASTRONAUTS.
(a) Establishment of Program.--The Administrator shall, subject to
section 6 and subsections (a)(2) and (b)(3) of section 4, establish a
program that satisfies the requirements described in subsection (b) to
provide for the medical monitoring, diagnosis, and treatment of
crewmembers for space flight-associated medical conditions.
(b) Program Requirements.--The requirements described in this
subsection are the following:
(1) No cost sharing.--Medical monitoring, diagnosis, and
treatment shall be provided under the Program without any
deductibles, copayments, or other cost sharing obligation for
crewmembers participating in the Program.
(2) Access to local services.--The Administrator shall
design the Program to facilitate reasonable access of a
crewmember to medical monitoring, diagnosis, and treatment
under the Program, including, at the option of the crewmember--
(A) directly through NASA; or
(B) from a health care provider who the crewmember
selects and who enters into an agreement with the
Administrator, with respect to the provision by the
provider of medical monitoring, diagnosis, and
treatment services, as applicable, to such crewmember
under the Program, under which--
(i) the provider agrees to comply with the
protocols issued under subsection (c) with
respect to such provision of such services to
such crewmember;
(ii) the provider agrees to submit data
with respect to such provision of such services
to such crewmember, as required by the
Administrator for purposes of subsection (d);
(iii) the provider agrees to receive such
training as the Administrator may require with
respect to such medical monitoring, treatment,
and diagnosis; and
(iv) the Administrator agrees to provide
payment to such provider for the provision of
such services to such crewmember in accordance
with payment rates established by the
Administrator under the Program, which shall be
not less than the reasonable costs of such
services.
(3) Secondary payer.--
(A) In general.--Subject to subparagraph (B),
payment or reimbursement for (or the provision of)
medical monitoring, diagnosis, or treatment under the
Program shall be secondary to any obligation of the
United States or any third party (including any State
or local governmental entity, private insurance
carrier, or employer) under any other provision of law
or contractual agreement to pay for or provide such
medical monitoring, diagnosis, or treatment. Any costs
for items and services covered under the Program that
are not paid for or provided under such other provision
of law or contractual agreement, due to the application
of deductibles, copayments, coinsurance, other cost
sharing, or otherwise, are reimbursable under the
Program to the extent that they are covered under the
Program.
(B) Conditional payment.--The Administrator may,
under the Program, provide for conditional payments for
(or provide) medical monitoring, diagnosis, or
treatment services that is obliged to be paid for or
provided by the United States or any third party
described in subparagraph (A) under any other provision
of law or contractual agreement if--
(i) payment for (or the provision of) such
medical monitoring, diagnosis, or treatment
services has not been made (or provided) or
cannot reasonably be expected to be made (or
provided) promptly by the United States or such
third party, respectively; and
(ii) such payment (or such provision of
services) by the Administrator under the
Program is conditioned on reimbursement by the
United States or such third party,
respectively, for such medical monitoring,
diagnosis, or treatment.
(C) Consultation.--In carrying out this paragraph,
the Administrator may consult with other Federal
officials with experience coordinating health care
payments with third-party payers.
(4) Voluntary participation in program.--
(A) In general.--Participation by a crewmember
under the Program, including with respect to the
provision of medical monitoring, diagnosis, and
treatment to such crewmember, shall be voluntary and
pursuant to the written consent of such crewmember.
Such consent provided by a crewmember shall constitute
consent of the crewmember for the Administrator to use
or disclose data acquired in the course of medical
monitoring, diagnosis, and treatment of such crewmember
under the Program in accordance with subsection (d).
(B) Consent not a condition for employment or
benefits.--Providing any consent under subparagraph (A)
shall not be a condition for--
(i) employment with NASA; or
(ii) receiving any salary or benefits,
either for current or former crewmembers.
For purposes of clause (ii), medical monitoring,
diagnosis, and treatment under the Program shall not be
considered a benefit.
(c) Protocols.--The Administrator shall issue such uniform
protocols for the provision of medical monitoring, diagnosis, and
treatment furnished under the Program.
(d) Data Collection, Usage, and Disclosures; Privacy Protections.--
(1) Uniform data collection.--Under the Program, subject to
paragraph (3), the Administrator shall provide--
(A) for the uniform collection of data, including
data on space flight-associated medical conditions and
the identification of new space flight-associated
conditions;
(B) that such data shall be collected with respect
to all crewmembers provided medical monitoring,
diagnosis, or treatment under the Program for such
conditions;
(C) for the integration of such data into the
medical monitoring, diagnosis, and treatment activities
under the Program;
(D) for the analysis of, and regular reports to the
Administrator on, such data; and
(E) notwithstanding section 7(a), that the
Administrator may retain access to such data.
(2) Uses and disclosures of information.--The Administrator
may, subject to paragraph (3), use or disclose data acquired in
the course of medical monitoring, diagnosis, and treatment of
any crewmember under the Program for the following purposes:
(A) The medical monitoring, diagnosis, and
treatment of such crewmember under the Program.
(B) Other medical monitoring, diagnosis, or
treatment under the Program.
(C) Other scientific and research purposes.
(D) For purposes of analysis and reports under
section 4.
(E) Any other purpose deemed appropriate by the
Administrator.
(3) Privacy protections.--The data collection, analysis,
integration, use, disclosure, and retention under this
subsection shall be conducted (and such data maintained) in a
manner that protects the confidentiality of individually
identifiable health information consistent with applicable
Federal law, including regulations.
SEC. 4. REPORTS AND COST ESTIMATE.
(a) Annual Reports.--
(1) Requirement.--Consistent with applicable privacy
protections under Federal law, including regulations, for each
fiscal year of the Program, the Administrator shall prepare and
publish a report on activities conducted under the Program, as
well as plans for activities to be conducted under the Program
during the subsequent fiscal year. Each such report shall
include detailed cost accounting of such activities and five-
year budget estimates. Each report for a fiscal year shall be
submitted, not later than the date of submission of the
President's annual budget request for such fiscal year, to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Failure to submit report.--
(A) In general.--Subject to subparagraph (B), no
funds are authorized to be appropriated for a fiscal
year to carry out the Program unless the Administrator
has submitted the report required under paragraph (1)
for that fiscal year by the deadline established under
such paragraph.
(B) Treatment of ongoing procedures.--In the case
of a fiscal year (after the first fiscal year for which
the Program has been implemented) with respect to which
no funds would be authorized to carry out the Program
pursuant to subparagraph (A), notwithstanding
subparagraph (A), there are authorized to be
appropriated, subject to section 6, for such fiscal
year such sums as may be necessary to provide that any
crewmember receiving under the Program diagnosis
services or a course of treatment that began on a date
prior to the first day of such fiscal year shall
continue to be provided such diagnosis services or
course of treatment, respectively (and payment under
the Program for such diagnosis services or course of
treatment, respectively, shall continue) after such
date until completion of such diagnosis services or
course of treatment, respectively.
(b) Cost Estimate.--
(1) Requirement.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall enter into an
arrangement with an independent external organization to
undertake an independent cost estimate of the cost to NASA and
the Federal Government to implement and administer the Program.
The independent external organization may not be a NASA entity,
such as the Office of Safety and Mission Assurance.
(2) Submittal to congress.--Not later than one year after
the date of the enactment of this Act, the Administrator shall
submit the independent cost estimate undertaken pursuant to
paragraph (1) to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(3) Provision of services.--The Administrator may not
implement the Program until the date that is 90 days after the
date of submission of the independent cost estimate under
paragraph (2).
SEC. 5. INSPECTOR GENERAL AUDIT.
The Inspector General of NASA shall conduct, as appropriate,
periodic audits or reviews of the Program as is necessary to prevent
waste, fraud, and abuse.
SEC. 6. FUNDING.
The Program shall be carried out, to the extent and in such amounts
as are provided in advance by appropriation Acts, using existing
funding available for Agency Management and Operations in the ``Safety,
Security and Mission Services'' account of the National Aeronautics and
Space Administration.
SEC. 7. SUNSET.
(a) In General.--Subject to subsection (b), the Program shall
terminate on the date that is 10 years after the date of implementation
of the Program.
(b) Grandfather.--In the case of a crewmember receiving under the
Program diagnosis services or treatment services that began on a date
prior to the date of termination described in subsection (a), the
Administrator shall provide that such diagnosis services or course of
treatment, respectively, for such crewmember (and payment for such
diagnosis services or course of treatment, respectively) may, subject
to section 6, continue after such date until completion of such
diagnosis services or course of treatment, respectively.
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