I 111th CONGRESS 2d Session H. R. 4477 IN THE HOUSE OF REPRESENTATIVES January 20, 2010 Mr. Bishop of New York (for himself and Ms. Shea-Porter) introduced the following bill; which was referred to the Committee on Armed Services A BILL To require the Secretary of Defense to establish a medical surveillance system to identify members of the Armed Forces exposed to chemical hazards resulting from the disposal of waste in Iraq and Afghanistan, to prohibit the disposal of waste by the Armed Forces in a manner that would produce dangerous levels of toxins, and for other purposes.

1.

Short title

This Act may be cited as the Military Personnel Toxic Exposure Registry Act.

2.

Identification of health effects related to hazardous disposal site

(a)

Establishment

The Secretary of Defense shall establish and administer a system to identify members of the Armed Forces who were potentially exposed to a hazardous disposal site and any negative health effects that may be related to such exposure. The Secretary shall administer such system using existing medical surveillance systems. (b)

Notification

If the Secretary learns that a member of the Armed Forces was potentially exposed to a hazardous disposal site, the Secretary shall— (1)give notice of the potential exposure to— (A)the member; (B)the commanding officer of the unit to which the member belonged at the time of potential exposure; and (C)in the case of a member of the National Guard, the Adjutant General of the State concerned; and (2)inform the member that the member may be included in the system required by subsection (a). (c)

Registration

For each member of the Armed Forces notified of a potential exposure under subsection (b), the Secretary shall collect information for purposes of the system required by subsection (a). Such information shall include— (1)the locations where the member was deployed, including the dates of such deployment; (2)the approximate distance of the living and working quarters of the member from a hazardous disposal site; (3)the types of materials disposed of at the site; (4)the length of time the member was exposed to such site; (5)any symptoms experienced by the member while deployed; (6)any symptoms the member experiences at the time of submitting such information to the Secretary; and (7)other information the Secretary considers appropriate. (d)

Examination

Not later than 30 days after the date on which the Secretary learns that a member of the Armed Forces was potentially exposed to a hazardous disposal site, and annually thereafter, the Secretary shall— (1)provide such member— (A)a complete physical examination; and (B)consultation and counseling with respect to the results of such physical examination; and (2)ensure that documentation of the potential exposure is placed in the medical record of the member maintained by the Department of Defense. (e)

Annual Report

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing— (1)the status of implementing the system required by subsection (a); and (2)the incidences of illnesses among members of the Armed Forces notified under subsection (b) and whether such illnesses may have been caused by exposure to a hazardous disposal site. (f)

Definitions

In this section: (1)The term existing medical surveillance systems means medical surveillance systems and other data in the possession of the Secretary as of the date of the enactment of this Act. (2)The term exposure to a hazardous disposal site includes the following: (A)Exposure to the fumes emanating from a hazardous disposal site for— (i)more than six months, in the case of a member of the Armed Forces who was deployed to a military installation that made use of open pits to burn waste; or (ii)any period of time when exposure to such fumes was intensive. (B)A situation where a member of the Armed Forces with service-related health problems demonstrates significant exposure to fumes emanating from a hazardous disposal site. (3)The term hazardous disposal site means a location where hazardous methods of disposing of mass amounts of waste were used during Operation Enduring Freedom or Operations Iraqi Freedom, including the use of open pits to burn waste. (4)The term member of the Armed Forces includes former members of the Armed Forces.

3.

Prohibition on disposal of covered waste in open air burn pits

(a)

Inclusion of solid waste containing plastics in definition of covered waste

Subsection (c)(2) of section 317 of the National Defense Authorization Act for Fiscal Year 2010 is amended— (1)by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2)by inserting after subparagraph (A) the following new subparagraph (B): (B)solid waste containing plastics; . (b)

Inclusion of information on past use of open air burn pits in report to Congress

Subsection (b) of such section is amended— (1)by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and (2)by inserting after paragraph (1) the following new paragraph (2): (2)an explanation of the situations and circumstances under which open-air burn pits were used to dispose of waste during military exercises and operations worldwide during the period beginning on September 11, 2001, and ending on the date of the enactment of this Act; .