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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.
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