Pandemic Care for Burn Pits Exposure Act of 2020

II 116TH CONGRESS 2D SESSION S. 3868 To require the Secretary of Defense and the Secretary of Veterans Affairs to evaluate members of the Armed Forces and veterans who have tested positive for a virus certified as a pandemic for potential exposure to open burn pits and toxic airborne chemicals or other airborne contami- nants, to conduct a study on the impact of such a pandemic on members and veterans with such exposure, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 2, 2020 Ms. KLOBUCHAR (for herself, Mr. ROUNDS, Ms. DUCKWORTH, and Mr. SUL- LIVAN) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs A BILL To require the Secretary of Defense and the Secretary of Veterans Affairs to evaluate members of the Armed Forces and veterans who have tested positive for a virus certified as a pandemic for potential exposure to open burn pits and toxic airborne chemicals or other airborne contaminants, to conduct a study on the impact of such a pandemic on members and veterans with such expo- sure, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:16 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3868.IS S3868 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3868 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Pandemic Care for 2 Burn Pits Exposure Act of 2020’’. 3 SEC. 2. EXPOSURE TO OPEN BURN PITS AND TOXIC AIR- 4 BORNE CHEMICALS OR OTHER AIRBORNE 5 CONTAMINANTS AS PART OF HEALTH AS- 6 SESSMENTS FOR MEMBERS OF THE ARMED 7 FORCES AND VETERANS DURING A PAN- 8 DEMIC AND INCLUSION OF INFORMATION IN 9 REGISTRY. 10 (a) HEALTH ASSESSMENT.—The Secretary of De- 11 fense and Secretary of Veterans Affairs shall ensure that 12 the first health assessment conducted for a member of the 13 Armed Forces or veteran after the individual tested posi- 14 tive for a virus certified by the Federal government as a 15 pandemic includes an evaluation of whether the individual 16 has been— 17 (1) based or stationed at a location where an 18 open burn pit was used; or 19 (2) exposed to toxic airborne chemicals or other 20 airborne contaminants relating to service in the 21 Armed Forces, including an evaluation of any infor- 22 mation recorded as part of the Airborne Hazards 23 and Open Burn Pit Registry. 24 (b) INCLUSION OF INDIVIDUALS IN REGISTRY.—If an 25 evaluation conducted under subsection (a) with respect to 26 VerDate Sep 11 2014 23:16 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3868.IS S3868 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3868 IS an individual establishes that the individual was based or 1 stationed at a location where an open burn pit was used, 2 or that the individual was exposed to toxic airborne chemi- 3 cals or other airborne contaminants, the individual shall 4 be enrolled in the Airborne Hazards and Open Burn Pit 5 Registry unless the member elects to not enroll in such 6 registry. 7 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 8 tion may be construed to preclude eligibility of a veteran 9 for benefits under the laws administered by the Secretary 10 of Veterans Affairs by reason of the history of exposure 11 of the veteran to an open burn pit not being recorded in 12 an evaluation conducted under subsection (a). 13 (d) DEFINITIONS.—In this section: 14 (1) AIRBORNE HAZARDS AND OPEN BURN PIT 15 REGISTRY.—The term ‘‘Airborne Hazards and Open 16 Burn Pit Registry’’ means the registry established 17 by the Secretary of Veterans Affairs under section 18 201 of the Dignified Burial and Other Veterans’ 19 Benefits Improvement Act of 2012 (Public Law 20 112–260; 38 U.S.C. 527 note). 21 (2) OPEN BURN PIT.—The term ‘‘open burn 22 pit’’ has the meaning given that term in section 23 201(c) of the Dignified Burial and Other Veterans’ 24 VerDate Sep 11 2014 23:16 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3868.IS S3868 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3868 IS Benefits Improvement Act of 2012 (Public Law 1 112–260; 38 U.S.C. 527 note). 2 SEC. 3. STUDY ON IMPACT OF VIRAL PANDEMICS ON MEM- 3 BERS OF ARMED FORCES AND VETERANS 4 WHO HAVE EXPERIENCED TOXIC EXPOSURE. 5 (a) IN GENERAL.—The Secretary of Veterans Affairs 6 shall conduct a study, through the Airborne Hazards and 7 Burn Pits Center of Excellence (in this section referred 8 to as the ‘‘Center’’), on the health impacts of infection 9 with a virus designated as a global pandemic, including 10 a coronavirus, to members of the Armed Forces and vet- 11 erans who have been exposed to open burn pits and other 12 toxic exposures for the purposes of understanding the 13 health impacts of the virus and whether individuals in- 14 fected with the virus are at increased risk of severe symp- 15 toms due to previous conditions linked to toxic exposure. 16 (b) PREPARATION FOR FUTURE PANDEMIC.—The 17 Secretary, through the Center, shall analyze potential les- 18 sons learned through the study conducted under sub- 19 section (a) to assist in preparing the Department of Vet- 20 erans Affairs for potential future pandemics. 21 (c) DEFINITIONS.—In this section: 22 (1) CORONAVIRUS.—The term ‘‘coronavirus’’ 23 has the meaning given that term in section 506 of 24 the Coronavirus Preparedness and Response Supple- 25 VerDate Sep 11 2014 23:16 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3868.IS S3868 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3868 IS mental Appropriations Act, 2020 (Public Law 116– 1 123). 2 (2) OPEN BURN PIT.—The term ‘‘open burn 3 pit’’ has the meaning given that term in section 4 201(c) of the Dignified Burial and Other Veterans’ 5 Benefits Improvement Act of 2012 (Public Law 6 112–260; 38 U.S.C. 527 note). 7 Æ VerDate Sep 11 2014 23:16 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S3868.IS S3868 pamtmann on DSKBC07HB2PROD with BILLS