[Congressional Record Volume 166, Number 127 (Monday, July 20, 2020)]
[Senate]
[Pages S4271-S4272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2437. Ms. KLOBUCHAR (for herself and Mr. Rounds) submitted an
amendment intended to be proposed to amendment SA 2301 proposed by Mr.
Inhofe to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 752. EVALUATION OF EXPOSURE TO OPEN BURN PITS AND TOXIC
AIRBORNE CHEMICALS OR OTHER AIRBORNE
CONTAMINANTS FOR MEMBERS OF THE ARMED FORCES
AND VETERANS WHO HAVE TESTED POSITIVE FOR A
PANDEMIC VIRUS AND INCLUSION OF INFORMATION IN
REGISTRY.
(a) Evaluation of Dual Exposure.--
(1) Department of defense.--The Secretary of Defense shall
ensure that the first health assessment conducted by the
Department of Defense for a member of the Armed Forces after
the member tested positive for a virus certified by the
Federal Government as a pandemic includes an evaluation
described in paragraph (3).
(2) Department of veterans affairs.--The Secretary of
Veterans Affairs shall ensure that the first health care
examination conducted for a veteran under the laws
administered by the Secretary after the veteran tested
positive for a virus certified by the Federal Government as a
pandemic includes an evaluation described in paragraph (3).
(3) Evaluation described.--An evaluation described in this
paragraph conducted with respect to an individual is an
evaluation of whether the individual has been--
(A) based or stationed at a location where an open burn pit
was used; or
(B) exposed to toxic airborne chemicals or other airborne
contaminants relating to service in the Armed Forces,
including an evaluation of any information recorded as part
of the Airborne Hazards and Open Burn Pit Registry.
(4) Inclusion in medical records.--If the Secretary of
Defense or the Secretary of Veterans Affairs, pursuant to an
evaluation conducted under this subsection, determines that
an individual who tested positive for a virus certified by
the Federal Government as a pandemic was also based or
stationed at a location where an open burn pit was used or
exposed to toxic airborne chemicals or other airborne
contaminants relating to service in the Armed Forces, the
Secretary of Defense or the Secretary of Veterans Affairs, as
the case may be, shall include in the medical record of the
individual information regarding the positive test result and
the exposure to burn pits or other airborne chemicals or
contaminants.
(b) Inclusion of Individuals in Registry.--
(1) In general.--If an evaluation conducted under
subsection (a) with respect to an individual establishes that
the individual was based or stationed at a location where an
open burn pit was used, or that the individual was exposed to
toxic airborne chemicals or other airborne contaminants, the
individual shall be enrolled in the Airborne Hazards and Open
Burn Pit Registry unless the member elects to not enroll in
such registry.
(2) Mechanism for enrollment.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall establish a mechanism for the
enrollment of individuals in the Airborne Hazards and Open
Burn Pit Registry under paragraph (1).
(c) Rule of Construction.--Nothing in this section may be
construed to preclude eligibility of a veteran for benefits
under the laws administered by the Secretary of Veterans
Affairs by reason of the history of exposure of the veteran
to an open burn pit not being recorded in an evaluation
conducted under subsection (a).
(d) Definitions.--In this section:
(1) Airborne hazards and open burn pit registry.--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) Open burn pit.--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).
SEC. 753. STUDY ON IMPACT OF VIRAL PANDEMICS ON MEMBERS OF
ARMED FORCES AND VETERANS WHO HAVE EXPERIENCED
TOXIC EXPOSURE.
(a) In General.--The Secretary of Veterans Affairs, in
consultation with the Secretary of Defense, shall conduct a
study, through the Airborne Hazards and Burn Pits Center of
Excellence (in this section referred to as the ``Center''),
on the health impacts of infection with a virus designated as
a global pandemic, including a coronavirus, to members of the
Armed Forces and veterans who have been exposed to open burn
pits and other toxic exposures for the purposes of
understanding the health impacts of the virus and whether
individuals infected with the virus are at increased risk of
severe symptoms due to previous conditions linked to toxic
exposure.
[[Page S4272]]
(b) Preparation for Future Pandemic.--The Secretary of
Veterans Affairs, through the Center, shall analyze potential
lessons learned through the study conducted under subsection
(a) to assist in preparing the Department of Veterans Affairs
for potential future pandemics.
(c) Definitions.--In this section:
(1) Coronavirus.--The term ``coronavirus'' has the meaning
given that term in section 506 of the Coronavirus
Preparedness and Response Supplemental Appropriations Act,
2020 (Public Law 116-123).
(2) Open burn pit.--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).
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