[Congressional Record Volume 169, Number 147 (Tuesday, September 12, 2023)]
[Senate]
[Page S4401]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1116. Mr. KELLY (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 1092 submitted by 
Mrs. Murray (for herself and Ms. Collins) and intended to be proposed 
to the bill H.R. 4366, making appropriations for military construction, 
the Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2024, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of division A, add the following:

             TITLE V--COUNTING VETERANS' CANCER ACT OF 2023

     SEC. 501. SHORT TITLE.

       This Act may be cited as the ``Counting Veterans' Cancer 
     Act of 2023''.

     SEC. 502. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) According to 2017 data from National Program of Cancer 
     Registries of the Centers for Disease Control and Prevention, 
     approximately 26,500 cancer cases among veterans were not 
     reported to State cancer registries funded through such 
     Program.
       (2) Established by Congress in 1992 through the Cancer 
     Registries Amendment Act (Public Law 102-515), the National 
     Program of Cancer Registries under section 399B of the Public 
     Health Service Act (42 U.S.C. 280e) collects data on cancer 
     occurrence (including the type, extent, and location of the 
     cancer), the type of initial treatment, and outcomes.
       (3) The Centers for Disease Control and Prevention support 
     central cancer registries in 46 States, the District of 
     Columbia, Puerto Rico, certain territories of the United 
     States in the Pacific Islands, and the United States Virgin 
     Islands.
       (4) The data obtained by registries described in paragraph 
     (3) combined with data from the Surveillance, Epidemiology, 
     and End Results Program of the National Cancer Institute and 
     mortality data from National Center for Health Statistics of 
     the Centers for Disease Control and Prevention comprise the 
     official United States Cancer Statistics.
       (5) The United States Cancer Statistics reflect all newly 
     diagnosed cancer cases and cancer deaths for the entire 
     population of the United States, except for unreported 
     veterans.
       (6) Federal law requires the Centers for Disease Control 
     and Prevention and the National Cancer Institute to collect 
     cancer data for all newly diagnosed cancer cases, but that 
     currently cannot be achieved due to frequent lack of 
     reporting by medical facilities of the Department of Veterans 
     Affairs.
       (7) Releasing all data from medical facilities of the 
     Department to State cancer registries will provide more 
     complete data for health care providers, public health 
     officials, and researchers to--
       (A) measure cancer occurrence and trends at the local and 
     national level;
       (B) inform and prioritize cancer educational and screening 
     programs;
       (C) evaluate efficacy of prevention efforts and treatment;
       (D) determine survival rates;
       (E) conduct research on the etiology, diagnosis, and 
     treatment of cancer;
       (F) ensure quality and equity in cancer care; and
       (G) plan for health services.
       (8) Capturing cancer data from medical facilities of the 
     Department in State cancer registries and the United States 
     Cancer Statistics can benefit veterans by--
       (A) improving the ability to identify cancer-related 
     disparities in the veteran community;
       (B) improving understanding of the cancer-related needs of 
     veterans, which can be incorporated into State Comprehensive 
     Cancer Control planning for screening and treatment programs 
     funded by the Centers for Disease Control and Prevention; and
       (C) increasing opportunities for veterans with cancer to be 
     included in more clinical trials and cancer-related research 
     and analysis being done outside of the health care system of 
     the Department.
       (b) Purpose.--It is the purpose of this Act to improve care 
     for veterans by ensuring all data on veterans diagnosed with 
     cancer are captured by the national cancer registry programs 
     supported by the National Program of Cancer Registries of the 
     Centers for Disease Control and Prevention and the 
     Surveillance, Epidemiology, and End Results Program of the 
     National Cancer Institute.

     SEC. 503. REQUIREMENT THAT DEPARTMENT OF VETERANS AFFAIRS 
                   SHARE DATA WITH STATE CANCER REGISTRIES.

       (a) Sharing of Data With State Cancer Registries.--
       (1) In general.--Subchapter II of chapter 73 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7330E. Sharing of data with State cancer registries

       ``(a) Sharing by the Department.--
       ``(1) In general.--The Secretary shall share with the State 
     cancer registry of each State, if such a registry exists, 
     qualifying data for all individuals who are residents of the 
     State and have received health care under the laws 
     administered by the Secretary.
       ``(2) Requirements relating to data shared.--In sharing 
     data under paragraph (1) with a State cancer registry, the 
     Secretary shall comply with the requirements for non-
     Department facilities to report data, in a manner that is as 
     complete and timely as possible, without requiring a data use 
     agreement in place between the Department and each State 
     cancer registry--
       ``(A) to State cancer registries that are supported by the 
     National Program of Cancer Registries of the Centers for 
     Disease Control and Prevention under section 399B of the 
     Public Health Service Act (42 U.S.C. 280e);
       ``(B) to State cancer registries that are supported by the 
     Surveillance Epidemiology and End Results Program of the 
     National Cancer Institute authorized under the National 
     Cancer Act of 1971 (Public Law 92-218); and
       ``(C) to State cancer registries as set forth in relevant 
     State laws and regulations that authorize a cancer registry.
       ``(b) Qualifying Data Defined.--In this section, the term 
     `qualifying data', with respect to a State cancer registry, 
     means all data required to be provided to the registry 
     pursuant to the authorities specified in subparagraphs (A) 
     through (C) of subsection (a)(2).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter II of such chapter is amended by 
     inserting after the item relating to section 7330D the 
     following new item:

``7330E. Sharing of data with State cancer registries.''.
       (b) Sharing by State Cancer Registries.--The Director of 
     the Centers for Disease Control and Prevention shall assist 
     State cancer registries described in subparagraphs (A) and 
     (B) of section 7330E(a)(2) of title 38, United States Code, 
     as added by subsection (a)(1), in facilitating, to the extent 
     allowed under State laws regulating the cancer registry 
     program, the sharing with the Secretary of Veterans Affairs 
     of data in the possession of each such registry regarding 
     diagnosis of cancer for each veteran--
       (1) enrolled in the system of annual patient enrollment 
     established and operated under section 1705(a) of such title; 
     or
       (2) registered to receive care from the Department of 
     Veterans Affairs under section 17.37 of title 38, Code of 
     Federal Regulations, or successor regulations.
                                 ______