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Code · BILL · 116th Congress · S. 1790 (Engrossed in Senate) — To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military c... · Sec. 1026

Sec. 1026. Chief Medical Officer at United States Naval Station, Guantanamo Bay, Cuba

583 words·~3 min read·/bill/116/s/1790/es/section-1026·

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There shall be at United States Naval Station, Guantanamo Bay, Cuba, a Chief Medical Officer of United States Naval Station, Guantanamo Bay (in this section referred to as the Chief Medical Officer ). The individual serving as Chief Medical Officer shall be an officer of the Armed Forces who holds a grade not below the grade of colonel, or captain in the Navy. The Chief Medical Officer shall report to the Assistant Secretary of Defense for Health Affairs in the performance of duties and the exercise of powers of the Chief Medical Officer under this section.
The Chief Medical Officer shall oversee the provision of medical care to individuals detained at Guantanamo. The Chief Medical Officer shall ensure that medical care provided as described in paragraph
(1)meets applicable standards of care. The Chief Medical Officer shall make medical determinations relating to medical care for individuals detained at Guantanamo, including— decisions regarding assessment, diagnosis, and treatment; and determinations concerning medical accommodations to living conditions and operating procedures for detention facilities. If the commander of Joint Task Force Guantanamo declines to follow a determination of the Chief Medical Officer under paragraph (1), the matter covered by such determination shall be jointly resolved by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the Assistant Secretary of Defense for Health Affairs not later than seven days after receipt of notification of the matter by either Assistant Secretary. The appropriate departments or agencies of the Federal Government shall, to the extent practicable in accordance with existing procedures and requirements, process expeditiously any application and adjudication for a security clearance required by the Chief Medical Officer to carry out the Chief Medical Officer's duties and powers under this section. The Chief Medical Officer may secure directly from the Department of Defense access to any individual, information, or assistance that the Chief Medical Officer considers necessary to enable the Chief Medical Officer to carry out this section, including full access to the following: Any individual detained at Guantanamo. Any medical records of any individual detained at Guantanamo. Medical professionals of the Department who are working, or have worked, at United States Naval Station, Guantanamo Bay. Upon request of the Chief Medical Officer, the Department shall make available to the Chief Medical Officer on an expeditious basis access to individuals, information, and assistance as described in paragraph (1). If access to individuals, information, or assistance is not made available to the Chief Medical Officer upon request on an expeditious basis as required by paragraph (2), the Chief Medical Officer shall notify the Assistant Secretary of Defense for Health Affairs, who shall take actions to resolve the matter expeditiously. In this section: The term individual detained at Guantanamo means an individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who— is not a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ) or a member of the Armed Forces of the United States; and is— in the custody or under the control of the Department of Defense; or otherwise detained at United States Naval Station, Guantanamo Bay. The term medical care means physical and mental health care. The term standard of care means evaluation and treatment that is accepted by medical experts and reflected in peer-reviewed medical literature as the appropriate medical approach for a condition, symptoms, illness, or disease and that is widely used by healthcare professionals.
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Sec. 1026
Chief Medical Officer at United States Naval Station, Guantanamo Bay, Cuba
U.S.C.§ 1101
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