Jessica Kensky and Patrick Downes Act

Summary: Jessica Kensky and Patrick Downes Act This bill requires the Department of Defense (DOD) to expand eligibility for its Secretarial Designee Program to include the provision of health care at military treatment facilities for: (1) victims of acts of terror that occur in the United States, and (2) U.S. residents who are victims of acts of terror outside the United States.  Individuals who become eligible for the program shall remain eligible on a space available and fully reimbursable basis in accordance with DOD policy governing such program. DOD may provide expedited program eligibility to individuals with severe injuries.  DOD may not release an individual who is receiving care under the program to a health care provider in the private sector until a comprehensive treatment plan is communicated to the individual and such provider. DOD shall establish procedures to implement such program expansion, which shall include procedures for:   conducting timely outreach and communication to local medical facilities after an act of terror in the United States; promptly contacting, coordinating, and providing medical expertise to such facilities that are treating serious injuries; and  providing medical evaluations for victims who were exposed to blast and other types of injuries. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Jessica Kensky and Patrick Downes 
Act''.

SEC. 2. PROVISION OF HEALTH CARE UNDER SECRETARIAL DESIGNEE PROGRAM OF 
              DEPARTMENT OF DEFENSE FOR TRAUMATIC INJURIES SUFFERED BY 
              VICTIMS OF TERRORISM.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) victims of acts of terror in the United States deserve 
        the best available medical treatment;
            (2) military treatment facilities possess the vital 
        expertise and experience to provide unique care for victims of 
        acts of terror who incur blast and other injuries that result 
        in amputations and limb salvage procedures;
            (3) the Secretarial Designee Program of the Department of 
        Defense conducted under section 1074(c) of title 10, United 
        States Code, should be expanded to provide expert care in a 
        timely manner to victims of acts of terror;
            (4) the expansion of such program will not only benefit 
        victims, but also provide military treatment facilities such as 
        Walter Reed National Military Medical Center and the Uniformed 
        Services University of the Health Sciences with the ability to 
        provide ongoing education and training opportunities to mentor 
        the next generation of health care providers that will provide 
        care for members of the Armed Forces; and
            (5) care for victims of acts of terror should be provided 
        under the policies of the Department in effect as of the date 
        of the enactment of this Act that provide space at military 
        treatment facilities to civilians on a space available and 
        fully reimbursable basis.
    (b) Expansion of Secretarial Designee Program of Department of 
Defense.--
            (1) Expansion of program.--
                    (A) In general.--The Secretary of Defense shall 
                expand eligibility for the Secretarial Designee Program 
                of the Department of Defense conducted under section 
                1074(c) of title 10, United States Code, to include the 
                provision of health care at military treatment 
                facilities for--
                            (i) victims of acts of terror that occur in 
                        the United States; and
                            (ii) residents of the United States who are 
                        victims of acts of terror outside the United 
                        States.
                    (B) Eligibility status.--Individuals who become 
                eligible for the Secretarial Designee Program pursuant 
                to subparagraph (A) shall remain eligible for such 
                program on a space available and fully reimbursable 
                basis in accordance with the policy of the Department 
                of Defense governing such program in effect as of the 
                date of the enactment of this Act.
                    (C) Expedited status.--
                            (i) In general.--The Secretary may provide 
                        expedited eligibility for the Secretarial 
                        Designee Program pursuant to subparagraph (A) 
                        if the Secretary determines that the injuries 
                        of the individual are severe enough to warrant 
                        such expedited eligibility.
                            (ii) Evaluation.--In making a determination 
                        under clause (i), the Secretary shall evaluate 
                        victims described in clause (i) or (ii) of 
                        subparagraph (A) who require critical care.
                    (D) Release to private sector health care 
                provider.--The Secretary may not release an individual 
                who is receiving care under the Secretarial Designee 
                Program pursuant to subparagraph (A) to a health care 
                provider in the private sector until a comprehensive 
                treatment plan is communicated to the individual and 
                the health care provider.
            (2) Procedures after acts of terror.--Not later than 270 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall, in consultation with the Secretary of 
        Homeland Security and the heads of such other Federal agencies 
        as the Secretary of Defense considers appropriate, establish 
        procedures to implement paragraph (1), which shall include the 
        following:
                    (A) Procedures for the conduct of timely outreach 
                and communication to local medical facilities after an 
                act of terror in the United States.
                    (B) Procedures to promptly contact, coordinate, and 
                provide medical expertise to local medical facilities 
                that are treating victims of an act of terror that 
                caused blast related injuries and other serious 
                injuries.
                    (C) Procedures for the provision of medical 
                evaluations for victims of an act of terror who were 
                exposed to blast and other types of injuries.