[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1188 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1188

    To direct the Secretary of Veterans Affairs to notify Congress 
 regularly of reported cases of burn pit exposure by veterans, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2021

Mr. Brown (for himself and Mr. Portman) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
    To direct the Secretary of Veterans Affairs to notify Congress 
 regularly of reported cases of burn pit exposure by veterans, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SFC Heath Robinson Burn Pit 
Transparency Act''.

SEC. 2. NOTIFICATIONS AND REPORTS REGARDING REPORTED CASES OF BURN PIT 
              EXPOSURE.

    (a) Quarterly Notifications.--
            (1) In general.--On a quarterly basis, the Secretary of 
        Veterans Affairs shall submit to the appropriate congressional 
        committees a report on each reported case of burn pit exposure 
        by a covered veteran reported during the previous quarter.
            (2) Elements.--Each report submitted under paragraph (1) 
        shall include, with respect to each reported case of burn pit 
        exposure of a covered veteran included in the report, the 
        following:
                    (A) Notice of the case, including the medical 
                facility at which the case was reported.
                    (B) Notice of, as available--
                            (i) the enrollment status of the covered 
                        veteran with respect to the patient enrollment 
                        system of the Department of Veterans Affairs 
                        under section 1705(a) of title 38, United 
                        States Code;
                            (ii) a summary of all health care visits by 
                        the covered veteran at the medical facility at 
                        which the case was reported that are related to 
                        the case;
                            (iii) the demographics of the covered 
                        veteran, including age, sex, and race;
                            (iv) any non-Department of Veterans Affairs 
                        health care benefits that the covered veteran 
                        receives;
                            (v) the Armed Force in which the covered 
                        veteran served and the rank of the covered 
                        veteran;
                            (vi) the period in which the covered 
                        veteran served;
                            (vii) each location of an open burn pit 
                        from which the covered veteran was exposed to 
                        toxic airborne chemicals and fumes during such 
                        service;
                            (viii) the medical diagnoses of the covered 
                        veteran and the treatment provided to the 
                        veteran; and
                            (ix) whether the covered veteran is 
                        registered in the Airborne Hazards and Open 
                        Burn Pit Registry.
            (3) Protection of information.--The Secretary shall ensure 
        that the reports submitted under paragraph (1) do not include 
        the identity of covered veterans or contain other personally 
        identifiable data.
    (b) Annual Report on Cases.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of Veterans Affairs, in collaboration with the 
        Secretary of Defense, shall submit to the appropriate 
        congressional committees a report detailing the following:
                    (A) The total number of covered veterans.
                    (B) The total number of claims for disability 
                compensation under chapter 11 of title 38, United 
                States Code, approved and the total number denied by 
                the Secretary of Veterans Affairs with respect to a 
                covered veteran, and for each such denial, the 
                rationale of the denial.
                    (C) A comprehensive list of--
                            (i) the conditions for which covered 
                        veterans seek treatment; and
                            (ii) the locations of the open burn pits 
                        from which the covered veterans were exposed to 
                        toxic airborne chemicals and fumes.
                    (D) Identification of any illnesses relating to 
                exposure to open burn pits that formed the basis for 
                the Secretary to award benefits, including entitlement 
                to service connection or an increase in disability 
                rating.
                    (E) The total number of covered veterans who died 
                after seeking care for an illness relating to exposure 
                to an open burn pit.
                    (F) Any updates or trends with respect to the 
                information described in subparagraphs (A), (B), (C), 
                (D), and (E) that the Secretary determines appropriate.
            (2) Matters included in first report.--The Secretary shall 
        include in the first report under paragraph (1) information 
        specified in subsection (a)(2) with respect to reported cases 
        of burn pit exposure made during the period beginning January 
        1, 1990, and ending on the day before the date of the enactment 
        of this Act.
    (c) Inclusion of Information After Death and Provision of 
Information Regarding Open Burn Pit Registry.--Section 201(a) of the 
Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 
(Public Law 112-260; 38 U.S.C. 527 note) is amended by adding at the 
end the following new paragraphs:
            ``(3) Reporting of information after death.--The Secretary 
        of Veterans Affairs shall permit a survivor of a deceased 
        veteran to report to the registry under paragraph (1) the 
        exposure of the veteran to toxic airborne chemicals and fumes 
        caused by an open burn pit, even if such veteran was not 
        included in the registry before their death.
            ``(4) Information regarding registry.--
                    ``(A) Notice.--The Secretary of Veterans Affairs 
                shall ensure that a medical professional of the 
                Department of Veterans Affairs informs a veteran of the 
                registry under paragraph (1) if the veteran presents at 
                a medical facility of the Department for treatment that 
                the veteran describes as being related to, or ancillary 
                to, the exposure of the veteran to toxic airborne 
                chemicals and fumes caused by open burn pits.
                    ``(B) Display.--In making information public 
                regarding the number of participants in the registry 
                under paragraph (1), the Secretary shall display such 
                numbers by both State and by congressional district.''.
    (d) Comptroller General Report.--Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate congressional committees 
a report containing an assessment of the effectiveness of any 
memorandum of understanding or memorandum of agreement entered into by 
the Secretary of Veterans Affairs with respect to--
            (1) the processing of reported cases of burn pit exposure; 
        and
            (2) the coordination of care and provision of health care 
        relating to such cases at medical facilities of the Department 
        of Veterans Affairs and at non-Department facilities.
    (e) Definitions.--In this section:
            (1) The term ``Airborne Hazards and Open Burn Pit 
        Registry'' means the registry established by the Secretary of 
        Veterans Affairs under section 201 of the Dignified Burial and 
        Other Veterans' Benefits Improvement Act of 2012 (Public Law 
        112-260; 38 U.S.C. 527 note).
            (2) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Veterans' Affairs and the 
                Committee on Armed Services of the Senate; and
                    (B) The Committee on Veterans' Affairs and the 
                Committee on Armed Services of the House of 
                Representatives.
            (3) The term ``covered veteran'' means a veteran who 
        presents at a medical facility of the Department of Veterans 
        Affairs (or in a non-Department facility pursuant to section 
        1703 or 1703A of title 38, United States Code) for treatment 
        that the veteran describes as being related to, or ancillary 
        to, the exposure of the veteran to toxic airborne chemicals and 
        fumes caused by open burn pits at any time while serving in the 
        Armed Forces.
            (4) The term ``open burn pit'' has the meaning given that 
        term in section 201(c) of the Dignified Burial and Other 
        Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 
        38 U.S.C. 527 note).
            (5) The term ``reported case of burn pit exposure'' means 
        each instance in which a veteran presents at a medical facility 
        of the Department of Veterans Affairs (or in a non-Department 
        facility pursuant to section 1703 or 1703A of title 38, United 
        States Code) for treatment that the veteran describes as being 
        related to, or ancillary to, the exposure of the veteran to 
        toxic airborne chemicals and fumes caused by open burn pits at 
        any time while serving in the Armed Forces.
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