§20149 — Title 51 National and Commercial Space Programs | U.S. Code

Summary

The Administrator can arrange and pay for medical checkups, tests, diagnoses, and treatment for former United States government astronauts and former payload specialists when the health problem is linked or might be linked to spaceflight. This includes medical and psychological testing. Care must be provided with no deductible, copay, or other cost to the person. If travel to the Lyndon B. Johnson Space Center would be unsafe, a local doctor may provide the care. If another part of the government or a third party is supposed to pay, NASA will pay only after those sources; NASA can reimburse unpaid cost-sharing and can make short-term payments if others delay, but will seek repayment. People cannot be forced to take part. Medical records must be kept private under federal privacy rules, the Administrator must write rules to run the program, and joining the program means consent for NASA to use or share the medical data as allowed. Defined term: United States government astronaut — the term from section 50902, but excluding international partner astronauts.

Title 51, §20149

National and Commercial Space Programs — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, the Administrator may provide for—

(1)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

(2)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)(1)The medical monitoring, diagnosis, or treatment described in subsection (a) shall be provided without any deductible, copayment, or other cost sharing obligation.

(2)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)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)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)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)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)The Administrator shall promulgate such regulations as are necessary to carry out this section.

(f)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)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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Annual Reports Pub. L. 115–10, title IV, § 443(c), Mar. 21, 2017, 131 Stat. 47, provided that: “(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 Administration [National Aeronautics and Space Administration] under section 20149 of title 51, United States Code. “(2) Contents.—Each report under paragraph (1) shall include a detailed cost accounting of the Administration’s activities under section 20149 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 [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] 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.” Inspector General Audit Pub. L. 115–10, title IV, § 443(f), Mar. 21, 2017, 131 Stat. 47, provided that: “The Inspector General of NASA [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 Administration [National Aeronautics and Space Administration] under section 20149 of title 51, United States Code.”

§20149 Medical monitoring and research relating to human space flight

Summary

Title 51, §20149

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata