[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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