[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6076 Received in Senate (RDS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 6076


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 8, 2016

                                Received

_______________________________________________________________________

                                 AN ACT


 
  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. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) Human space exploration can pose significant challenges 
        and is full of substantial risk, which has ultimately claimed 
        the lives of 24 National Aeronautics and Space Administration 
        astronauts serving in the line of duty.
            (2) As United States government astronauts participate in 
        long-duration and exploration spaceflight missions they may 
        experience increased health risks, such as vision impairment, 
        bone demineralization, and behavioral health and performance 
        risks, and may be exposed to galactic cosmic radiation. 
        Exposure to high levels of radiation and microgravity can 
        result in acute and long-term health consequences that can 
        increase the risk of cancer and tissue degeneration and have 
        potential effects on the musculoskeletal system, central 
        nervous system, cardiovascular system, immune function, and 
        vision.
            (3) To advance the goal of long-duration and exploration 
        spaceflight missions, United States government astronaut Scott 
        Kelly participated in a 1-year twins study in space while his 
        identical twin brother, former United States government 
        astronaut Mark Kelly, acted as a human control specimen on 
        Earth, providing an understanding of the physical, behavioral, 
        microbiological, and molecular reaction of the human body to an 
        extended period of time in space.
            (4) Since the Administration currently provides medical 
        monitoring, diagnosis, and treatment for United States 
        government astronauts during their active employment, given the 
        unknown long-term health consequences of long-duration space 
        exploration, the Administration has requested statutory 
        authority from Congress to provide medical monitoring, 
        diagnosis, and treatment to former United States government 
        astronauts for psychological and medical conditions associated 
        with human space flight.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should continue to seek the unknown 
        and lead the world in space exploration and scientific 
        discovery as the Administration prepares for long-duration and 
        exploration spaceflight in deep space and an eventual mission 
        to Mars;
            (2) data relating to the health of astronauts will become 
        increasingly valuable to improving our understanding of many 
        diseases humans face on Earth;
            (3) the Administration should provide the type of 
        monitoring, diagnosis, and treatment described in subsection 
        (a) only for conditions the Administration considers unique to 
        the training or exposure to the spaceflight environment of 
        United States government astronauts and should not require any 
        former United States government astronauts to participate in 
        the Administration's monitoring;
            (4) such monitoring, diagnosis, and treatment should not 
        replace a former United States government astronaut's private 
        health insurance;
            (5) expanded data acquired from such monitoring, diagnosis, 
        and treatment should be used to tailor treatment, inform the 
        requirements for new spaceflight medical hardware, and develop 
        controls in order to prevent disease occurrence in the 
        astronaut corps; and
            (6) the 340-day space mission of Scott Kelly aboard the 
        ISS--
                    (A) was pivotal for the goal of the United States 
                for humans to explore deep space and Mars as the 
                mission generated new insight into how the human body 
                adjusts to weightlessness, isolation, radiation, and 
                the stress of long-duration space flight; and
                    (B) will help support the physical and mental well-
                being of astronauts during longer space exploration 
                missions in the future.

SEC. 3. MEDICAL MONITORING AND RESEARCH RELATING TO HUMAN SPACE FLIGHT.

    (a) In General.--Subchapter III of chapter 201 of title 51, United 
States Code, is amended by adding at the end the following:
``Sec. 20148. Medical monitoring and research relating to human space 
              flight
    ``(a) In General.--Notwithstanding any other provision of law, the 
Administrator may provide for the medical monitoring and diagnosis of a 
former United States government astronaut or a former payload 
specialist for conditions that the Administrator considers potentially 
associated with human space flight, and may provide for the treatment 
of a former United States government astronaut or a former payload 
specialist for conditions that the Administrator considers associated 
with human space flight, including scientific and medical tests for 
psychological and medical conditions.
    ``(b) Requirements.--
            ``(1) No cost sharing.--The medical monitoring, diagnosis, 
        or treatment described in subsection (a) shall be provided 
        without any deductible, copayment, or other cost sharing 
        obligation.
            ``(2) Access to local services.--The medical monitoring, 
        diagnosis, and treatment described in subsection (a) may be 
        provided by a local health care provider if it is unadvisable 
        due to the health of the applicable former United States 
        government astronaut or former payload specialist for that 
        former United States government astronaut or former payload 
        specialist to travel to the Lyndon B. Johnson Space Center, as 
        determined by the Administrator.
            ``(3) Secondary payment.--Payment or reimbursement for the 
        medical monitoring, diagnosis, or treatment described in 
        subsection (a) shall be secondary to any obligation of the 
        United States government or any third party 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 that may be provided by the Administrator 
        for medical monitoring, diagnosis, or treatment under 
        subsection (a) 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 by the Administrator on 
        behalf of the former United States government astronaut or 
        former payload specialist involved to the extent such items or 
        services are authorized to be provided by the Administrator for 
        such medical monitoring, diagnosis, or treatment under 
        subsection (a).
            ``(4) Conditional payment.--The Administrator may provide 
        for conditional payments for or provide medical monitoring, 
        diagnosis, or treatment described in subsection (a) that is 
        obligated to be paid for or provided by the United States or 
        any third party under any other provision of law or contractual 
        agreement to pay for or provide such medical monitoring, 
        diagnosis, or treatment if--
                    ``(A) 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
                    ``(B) such payment (or such provision of services) 
                by the Administrator is conditioned on reimbursement by 
                the United States or such third party, respectively, 
                for such medical monitoring, diagnosis, or treatment.
    ``(c) Exclusions.--The Administrator may not--
            ``(1) provide for medical monitoring or diagnosis of a 
        former United States government astronaut or former payload 
        specialist under subsection (a) for any psychological or 
        medical condition that is not potentially associated with human 
        space flight;
            ``(2) provide for treatment of a former United States 
        government astronaut or former payload specialist under 
        subsection (a) for any psychological or medical condition that 
        is not associated with human space flight; or
            ``(3) require a former United States government astronaut 
        or former payload specialist to participate in the medical 
        monitoring, diagnosis, or treatment authorized under subsection 
        (a).
    ``(d) Privacy.--Consistent with applicable provisions of Federal 
law relating to privacy, the Administrator shall protect the privacy of 
all medical records generated under subsection (a) and accessible to 
the Administration.
    ``(e) Regulations.--The Administrator shall promulgate such 
regulations as are necessary to carry out this section.
    ``(f) Definition of United States Government Astronaut.--In this 
section, the term `United States government astronaut' has the meaning 
given the term `government astronaut' in section 50902, except it does 
not include an individual who is an international partner astronaut.
    ``(g) Data Use and Disclosure.--The Administrator may use or 
disclose data acquired in the course of medical monitoring, diagnosis, 
or treatment of a former United States government astronaut or a former 
payload specialist under subsection (a), in accordance with subsection 
(d). Former United States government astronaut or former payload 
specialist participation in medical monitoring, diagnosis, or treatment 
under subsection (a) shall constitute consent for the Administrator to 
use or disclose such data.''.
    (b) Clerical Amendment.--The table of contents for chapter 201 of 
title 51, United States Code is amended by inserting after the item 
relating to section 20147 the following:

``20148. Medical monitoring and research relating to human space 
                            flight''.
    (c) Annual Reports.--
            (1) In general.--Each fiscal year, not later than the date 
        of submission of the President's annual budget request for that 
        fiscal year under section 1105 of title 31, United States Code, 
        the Administrator of the National Aeronautics and Space 
        Administration shall publish a report, in accordance with 
        applicable Federal privacy laws, on the activities of the 
        National Aeronautics and Space Administration under section 
        20148 of title 51, United States Code, as added by subsection 
        (a).
            (2) Contents.--Each report under paragraph (1) shall 
        include a detailed cost accounting of the Administration's 
        activities under such section 20148 of title 51, United States 
        Code, and a 5-year budget estimate.
            (3) Submission to congress.--The Administrator shall submit 
        to the appropriate committees of Congress each report under 
        paragraph (1) not later than the date of submission of the 
        President's annual budget request for that fiscal year under 
        section 1105 of title 31, United States Code.
    (d) Cost Estimate.--
            (1) Requirement.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator of the National 
        Aeronautics and Space Administration shall enter into an 
        arrangement with an independent external organization to 
        undertake an independent cost estimate of the cost to the 
        National Aeronautics and Space Administration and the Federal 
        Government to implement and administer the activities of the 
        National Aeronautics and Space Administration under section 
        20148 of title 51, United States Code, as added by subsection 
        (a). The independent external organization may not be an entity 
        of the National Aeronautics and Space Administration, such as 
        the Office of Safety and Mission Assurance.
            (2) Submittal to congress.--Not later than 1 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.
    (e) Privacy Study.--
            (1) Study.--The Administrator of the National Aeronautics 
        and Space Administration shall carry out a study on any 
        potential privacy or legal issues related to the possible 
        sharing beyond the Federal Government of data acquired under 
        the activities of the National Aeronautics and Space 
        Administration under section 20148 of title 51, United States 
        Code, as added by subsection (a).
            (2) Report.--Not later than 270 days after the date of the 
        enactment of this Act, the Administrator shall submit to the 
        Committee on Science, Space, and Technology of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report containing the results of 
        the study carried out under paragraph (1).
    (f) Inspector General Audit.--The Inspector General of the National 
Aeronautics and Space Administration shall periodically audit or 
review, as the Inspector General considers necessary to prevent waste, 
fraud, and abuse, the activities of the National Aeronautics and Space 
Administration under section 20148 of title 51, United States Code, as 
added by subsection (a).

            Passed the House of Representatives December 7, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.