II 

111TH CONGRESS 

2D SESSION S. 3647 

To amend the Public Health Service Act to provide for the participation 

of particular specialists determined by the Secretary of Health and 

Human Services to be directly related to the health needs stemming 

from environmental health hazards that have led to its declaration as 

a Public Health Emergency to be eligible under the National Health 

Service Corps in the National Health Service Corps Loan Repayment 

Program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2010 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Public Health Service Act to provide for 

the participation of particular specialists determined by 

the Secretary of Health and Human Services to be directly related to the health needs stemming from environmental health hazards that have led to its declaration 

as a Public Health Emergency to be eligible under the 

National Health Service Corps in the National Health 

Service Corps Loan Repayment Program, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Health Emergencies 

3 Lack Provider Specialists Act of 2010’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) In communities facing environmental health 

7 hazards that have been declared a public health 

8 emergency (pursuant to section 104(a) of the Com9 prehensive Environmental Response, Compensation, 

10 and Liability Act of 1980), it is increasingly difficult 

11 for the health care facilities in those areas to recruit 

12 the specialists necessary to treat the particular 

13 health needs of the residents. As a result, these com14 munities and their populations are medically under15 served. 

16 (2) Since 1970, the National Health Service 

17 Corps has helped communities recruit health care 

18 professionals who are committed to serving the 

19 needs of underserved populations. 

20 SEC. 3. NATIONAL HEALTH SERVICE CORPS; PARTICIPA21 TION OF SPECIALISTS IN LOAN REPAYMENT 

22 AND SCHOLARSHIP PROGRAMS. 

23 (a) MISSION OF CORPS; DEFINITION OF PRIMARY

24 HEALTH SERVICES.—Section 331(a)(3)(D) of the Public 

25 Health Service Act (42 U.S.C. 254d(a)(3)(D)) is amended 

26 by striking ‘‘or mental health,’’ and inserting ‘‘mental 


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1 health, or specialists needed to serve in medically under2 served areas or populations that have needs for particular 

3 specialists related to a public health emergency declaration 

4 (pursuant to section 104(a) of the Comprehensive Envi5 ronmental Response, Compensation, and Liability Act of 

6 1980) based upon environmental health hazard-related 

7 health concerns,’’. 

8 (b) LOAN REPAYMENT PROGRAM.—Section 338B of 

9 the Public Health Service Act (42 U.S.C. 254l–1) is 

10 amended— 

11 (1) in subsection (a)(1), by striking ‘‘and physi12 cian assistants;’’ and inserting ‘‘physician assistants, 

13 and specialists related to the health needs of envi14 ronmental exposure affected individuals stemming 

15 from its declaration as a public health emergency 

16 (pursuant to section 104(a) of the Comprehensive 

17 Environmental Response, Compensation, and Liabil18 ity Act of 1980);’’; 

19 (2) in subsection (b)(1)— 

20 (A) in subparagraph (A), by inserting be21 fore the semicolon the following: ‘‘, or have been 

22 det ermined by the Secretary to be a specialist 

23 necessary to treat the particular health needs of 

24 environmental exposure affected individuals in 

25 an area that has been declared a public health 


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1 emergency (pursuant to section 104(a) of the 

2 Comprehensive Environmental Response, Com3 pensation, and Liability Act of 1980)’’; 

4 (B) in subparagraph (B), by inserting 

5 ‘‘specialists related to the health needs of envi6 ronmental exposure affected individuals stem7 ming from its declaration as a public health 

8 emergency (pursuant to section 104(a) of the 

9 Comprehensive Environmental Response, Com10 pensation, and Liability Act of 1980),’’ after 

11 ‘‘mental health,’’; and 

12 (C) in subparagraph (C)(ii), by inserting 

13 ‘‘specialists related to the health needs of envi14 ronmental exposure affected individuals stem15 ming from its declaration as a public health 

16 emergency (pursuant to section 104(a) of the 

17 Comprehensive Environmental Response, Com18 pensation, and Liability Act of 1980),’’ after 

19 ‘‘dentistry,’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(i) DEFINITION.—In this section, the term ‘environ22 mental exposure affected individual’ means any individual 

23 who— 

24 ‘‘(1) is diagnosed with a medical condition 

25 caused by the exposure of the individual to a public 


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1 health hazard to which an emergency declaration ap2 plies, based on such medical conditions, diagnostic 

3 standards, and other criteria as the Secretary speci4 fies; 

5 ‘‘(2) as demonstrated in such manner as the 

6 Secretary determines appropriate, has been present 

7 for an aggregate total of 6 months in the geographic 

8 area subject to the emergency declaration involved, 

9 during a period determined appropriate by the Sec10 retary; and 

11 ‘‘(3) is determined under this section to meet 

12 the criteria described in this subsection.’’. 

13 (c) SCHOLARSHIP PROGRAM.—Section 338A of the 

14 Public Health Service Act (42 U.S.C. 254l) is amended— 

15 (1) in subsection (a)(1), by striking ‘‘and physi16 cian assistants;’’ and inserting ‘‘physician assistants, 

17 and specialists related to the health needs of envi18 ronmental exposure affected individuals stemming 

19 from its declaration as a public health emergency 

20 (pursuant to section 104(a) of the Comprehensive 

21 Environmental Response, Compensation, and Liabil22 ity Act of 1980);’’; 

23 (2) in subsection (b)(1), by inserting before the 

24 semicolon the following: ‘‘, or have been determined 

25 by the Secretary to be a specialist necessary to treat 


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1 the particular health needs of environmental expo2 sure affected individuals in an area that has been 

3 declared a public health emergency (pursuant to sec4 tion 104(a) of the Comprehensive Environmental 

5 Response, Compensation, and Liability Act of 

6 1980)’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(i) In this section, the term ‘environmental exposure 

9 affected individual’ means any individual who— 

10 ‘‘(1) is diagnosed with a medical condition 

11 caused by the exposure of the individual to a public 

12 health hazard to which an emergency declaration ap13 plies, based on such medical conditions, diagnostic 

14 standards, and other criteria as the Secretary speci15 fies; 

16 ‘‘(2) as demonstrated in such manner as the 

17 Secretary determines appropriate, has been present 

18 for an aggregate total of 6 months in the geographic 

19 area subject to the emergency declaration involved, 

20 during a period determined appropriate by the Sec21 retary; and 

22 ‘‘(3) is determined under this section to meet 

23 the criteria described in this subsection.’’. 

Æ 


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