Depleted Uranium Screeing and Testing Act of 2004 (Introduced in House)

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thomas.loc.gov/cgi-bin/query/z?c108:H.R.4463:

HR 4463 IH

108th CONGRESS

2d Session

H. R. 4463

To provide for identification of members of the Armed Forces exposed during military service to depleted uranium, to provide for health testing of such members, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 20, 2004

Mr. SERRANO (for himself, Mr. CROWLEY, and Mr. ENGEL) introduced the following bill; which was referred to the Committee on Armed Services

A BILL

To provide for identification of members of the Armed Forces exposed during military service to depleted uranium, to provide for health testing of such members, 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 `Depleted Uranium Screeing and Testing Act of 2004′.

SEC. 2. DEPLETED URANIUM RISK NOTIFICATION FOR DEPLOYING FORCES.

(a) Notification- The Secretary of Defense shall establish procedures to require that, as part of the procedures for preparing members of the Armed Forces for deployment to a theater of operations, that such members be notified of–(1) any known or likely use of depleted uranium in that theater of operations (whether by forces of the United States and its allies or by any opposing forces); and(2) any health risks associated with exposure to depleted uranium.(b) Training- The Secretary shall provide for training deploying forces on how to handle depleted uranium before deploying them to a theater in which depleted uranium is used.

SEC. 3. DEPLETED URANIUM SCREENING AND TESTING.

(a) Identification and Testing Required- The Secretary of Defense shall carry out a program to identify individuals who during active service in the Armed Forces are or have been exposed to depleted uranium and to provide those individuals with bioassay testing and notification of the results of such testing.(b) Du-Exposed Personnel Identification Methods- (1) The Secretary of each military department shall establish procedures to identify members of the Armed Forces under the Secretary’s jurisdiction who are, or may have been, exposed to depleted uranium. For such purpose, the Secretary shall identify units and members under paragraph (2) and shall accept self-identification reports by members under paragraph (3).(2) The Secretary of each military department shall identify units, and personnel assigned to units, that have been, or could have been, exposed to depleted uranium, based upon information about known exposure events (as determined under subsection (c)).(3) The Secretary of each military department shall accept a report by an individual that the individual, while a member of the Armed Forces under the Secretary’s jurisdiction, was, or may have been, exposed to depleted uranium based upon service on active duty (or training duty or funeral honors duty) in a theater of operations where depleted uranium was used, including travel through such an area. The Secretary shall prescribe procedures for receiving such reports.(4) In carrying out this subsection, the Secretary of each military department shall ensure that individuals no longer on active duty (including members of the reserve components who have been released from active duty, members who have been retired, and members who have been separated from service) are treated, for identification purposes, in the same manner as individuals remaining on active duty.(c) Exposure Events- The Secretary of Defense shall identify depleted uranium exposure events for purposes of this section. The exposure events identified shall include the following:(1) An event in which an individual–(A) is struck by depleted uranium munitions or depleted uranium armor fragments;(B) is within 50 meters of a vehicle or structure containing or equipped with depleted uranium cargo or components (such as aircraft counterweights and helicopter rotor tips) at a time that the vehicle or structure was struck, exploded, burned, or crashed; or(C) while acting as a first responder to an event described in subparagraph (B), enters within 50 meters of the vehicle or structure to render aid.(2) An event in which an individual–(A) enters a vehicle or structure with possible depleted uranium residues in order to perform maintenance, recovery, intelligence, or battle damage assessment; or(B) breathes smoke from fires involving depleted uranium materials.(3) An event in which an individual may inhale depleted uranium particulates as a result of the handling of depleted uranium contaminated equipment or wreckage or exposure to particulate residues as part of maintenance duties (including duties as a welder or ammunition handler or duties involving cleanup or processing of depleted uranium contaminated equipment).(4) Other incidental exposures identified by the Secretary, including the performance of activities in the area of depleted uranium damaged vehicles or structures or the traveling through or residing in any such area.In addition to exposure events described in paragraphs (1) through (4) occurring on or after the the date of the enactment of this Act, such events during the period between January 1, 2003, and the date of the enactment of this Act may be considered for purposes of this section, but only if reported during the 60-day period beginning on the date of the enactment of this Act.(d) Health-Care Services Required- (1) Any individual identified under subsection (b) shall be provided a health screening test by the Secretary of Defense. Such test shall be carried out using a bioassay procedure developed by the Secretary of Defense in consultation with the Centers for Disease Control and Prevention. The same bioassay procedure shall be used for all types of exposure or possible exposure under subsection (c).(2)(A) In the case of an individual with an exposure event described in subsection (c) other than under paragraph (4) of that subsection, the bioassay under paragraph (1) shall be administered not later than 180 days after the date of the event.(B) In the case of an individual with an exposure event described in subsection (c)(4), the bioassay under paragraph (1) shall be administered not later than 30 days after the end of the individual’s deployment in the theater of operations, but such individual may be provided the bioassay earlier upon the individual’s request.(3) The Secretary of Defense shall provide the results of any bioassay procedure under this subsection to the individual tested, and the primary care manager or primary care provider of that individual, not later than 30 days after the Secretary receives those results.(e) Personnel Tracking- The Secretary of each military department shall establish procedures for collecting, tracking, and maintaining information on the health status of individuals tested under subsection (d) for the purpose of assessing any long-term health consequences of exposure to depleted uranium.(f) Independent Review of Bioassay Types and Contamination Thresholds- The Director of the Centers for Disease Control and Prevention shall conduct an independent review of bioassay types and contamination thresholds for purposes of the testing under subsection (d).(g) Treatment- Based on the results of the bioassay tests, the Secretary of the military department concerned shall provide appropriate treatment for any illness of an individual resulting from a depleted uranium contamination or exposure.

SEC. 4. SURVEY OF RADIOISOTOPE IDENTIFICATION EQUIPMENT USED BY DEPARTMENT OF DEFENSE.

(a) Survey- The Comptroller General shall conduct a survey of radioisotope identification equipment used by the Department of Defense in order to assess the capability of Department of Defense facilities to identify concentrations of different radioisotopes in naturally occurring levels of uranium.(b) Report- The Comptroller General shall submit to Congress a report on the results of the survey under subsection (a) not later than 180 days after the date of the enactment of this Act.