[Congressional Record Volume 168, Number 31 (Wednesday, February 16, 2022)]
[Senate]
[Pages S733-S735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HEALTH CARE FOR BURN PIT VETERANS ACT
Mr. MORAN. Mr. President, I rise this afternoon here on the Senate
floor to mark what will soon be the passage, in just a matter of
moments, of a vital veterans bill and to thank my colleagues--both
Republicans and Democrats--who came together to support the Health Care
for Burn Pit Veterans Act. This is an important bill, and it will
remove hurdles for post-9/11 Iraq and Afghanistan veterans, in
particular, who were exposed to burn pits, so they can receive
healthcare from the VA without delay.
This legislation is cosponsored by every single member of the Senate
VA Committee, and I commend each of my Senate colleagues in their
support for this legislation.
Supporting our veterans has a way of bringing us together, and I am
so glad that is true. I am on the floor this afternoon with the
Chairman of the Senate Committee on Veterans Affairs, and I appreciate
how he and my Senate colleagues understand the urgency of this bill and
are quickly moving to pass it by unanimous consent.
Post-9/11 veterans are the newest generation of American heroes to
suffer from toxic exposure encountered during military service; and
passing this legislation marks just a first step--a first step--of a
phased approach to solving the complex challenges of caring for those
veterans exposed to burn pits and other toxic exposures.
For way too long, we have heard from veterans who got sick after
exposure to burn pits and need lifesaving care. There is a bipartisan
consensus on our committee that this phased approach--delivering
healthcare now and reforming the benefit system next--is the most
effective pathway forward for toxic exposure veterans and all other
veterans as well.
Servicemembers are willing to make the ultimate sacrifice for their
country. We know that. We respect that. We honor that. We must match
that level of commitment by crafting thoughtful and effective solutions
to make certain we hold up our end of the bargain and continuously work
toward the best outcomes for those who served and sacrificed.
I once joined a roundtable in Wichita, KS, with local members of the
Vietnam Veterans of America and was moved by their stories--not only of
their own health consequences from Agent Orange but their concerns of
how their exposure was affecting the health of their children and
grandchildren. From that veteran feedback, I introduced the Toxic
Exposure Research Act with Senator Blumenthal, which was signed into
law in 2016.
I have since heard from many veterans in Kansas and across the
country who are sick and dying from the effects of toxic exposure
caused by burn pits. Addressing the needs of veterans exposed to burn
pits cannot wait. This legislation could be lifesaving for those
exposed or suffering. When our men and women in uniform go into harm's
way on our behalf, we owe it to them to take care of them when they
come home for whatever injuries are incurred during their service. This
is not a question of resources; this is a question of getting reform
done the right way.
The Senate soon will act to pass this bill, moving us closer to
completing phase 1 of this approach to provide timely, sustainable care
to our veterans. I will continue to work with veterans, advocates in
the VA, and, importantly, my colleagues on the Senate Committee on
Veterans' Affairs and its chairman, Senator Tester, of Montana, to make
sure we are crafting legislative solutions that are veteran-centric.
I call upon my colleagues in the House to quickly take action and act
on this bill and act on our promise as a nation so post-9/11 veterans
who are suffering from toxic exposures can get the care they need.
I thank my colleagues on the committee, Chairman Tester, and our
respective staffs for working to craft this feasible path forward. And
I want to thank many veteran organizations that have expressed their
support for this legislation, including the Disabled Veterans of
America, Veterans of Foreign Wars, the Wounded Warrior Project, Iraq
and American Veterans of America, the American Legion, Military
Officers Association of America, and Military-Veterans Advocacy.
I am confident that if we continue to work together with the VA and
with veterans' groups, we will keep the needs of veterans foremost in
our minds and that we can deliver meaningful reforms for the current
generation of veterans and for all those who come thereafter.
I yield the floor to the Senator from Montana.
The PRESIDING OFFICER. The Senator from Montana.
Mr. TESTER. Mr. President, I want to thank my friend, the Senator
from Kansas, Senator Moran, the ranking
[[Page S734]]
member of the Veterans' Affairs Committee.
When we started this Congress, the No. 1 issue that was put forth by
the veterans service organizations representing the veterans in this
country was toxic exposure. It was incumbent that the Veterans' Affairs
Committee do something about toxic exposure. We created the bill called
the COST of War.
We are at a point now where we are going to try to implement that
bill in phases. The phase we are working on today has six major
components to it. No. 1, it expands the screening period of healthcare
eligibility for combat veterans who served after September 11, 2001,
from 5 years to 10. No. 2, it provides an open enrollment period for
any post-9/11 combat veteran who is more than 10 years from separation.
No. 3, after we do the first two things, it tells the VA to have an
outreach plan to contact veterans who did not enroll during their
initial period of enhanced eligibility so that they can sign up for the
potential benefits. It directs the VA to incorporate a clinical
screening regarding a veteran's potential exposures and symptoms
commonly associated with toxic substances. The fifth thing it does is
it mandates toxic exposure early education and training for healthcare
and benefits personnel who work at the VA. And, finally, it strengthens
Federal research on toxic exposure.
This is a big bill; it is an important bill; and it does right by our
veterans in this country. Toxic exposure is not something that is new.
We have dealt with it since World War I, World War II, Agent Orange,
and the Vietnam war, and, right now, toxic exposure due to burn pits.
When we get done with this process, it is not going to take an act of
Congress to get the benefits they need to get moving into the future.
This is a giant step forward in that regard.
So I want to thank both the minority and majority staffs, the Senator
from Kansas, who has been an incredible help to be able to work
together to get this to the point where it is today.
Mr. President, as if in legislative session, I ask unanimous consent
that the Senate proceed to the immediate consideration of Calendar No.
263, S. 3541.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3541) to improve health care and services for
veterans exposed to toxic substances, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. TESTER. I ask unanimous consent that the bill be considered read
a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. TESTER. I know of no further debate on the bill.
The PRESIDING OFFICER. If there is no further debate on the bill, the
bill having been read the third time, the question is, Shall the bill
pass?
The bill (S. 3541) was passed as follows:
S. 3541
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 ``Health Care for Burn Pit
Veterans Act''.
SEC. 2. EXPANSION OF ELIGIBILITY FOR HEALTH CARE FROM
DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN
VETERANS EXPOSED TO TOXIC SUBSTANCES.
(a) In General.--Section 1710(e)(3) of title 38, United
States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``January 27, 2003'' and inserting
``September 11, 2001''; and
(B) by striking ``five-year period'' and inserting ``ten-
year period'';
(2) by amending subparagraph (B) to read as follows:
``(B) With respect to a veteran described in paragraph
(1)(D) who was discharged or released from the active
military, naval, air, or space service after September 11,
2001, and before October 1, 2013, but did not enroll to
receive such hospital care, medical services, or nursing home
care under such paragraph pursuant to subparagraph (A) before
October 1, 2022, the one-year period beginning on October 1,
2022.''; and
(3) by striking subparagraph (C).
(b) Clarification of Coverage.--Section 1710(e)(1)(D) of
such title is amended by inserting after ``Persian Gulf War''
the following: ``(to include any veteran who, in connection
with service during such period, received the Armed Forces
Expeditionary Medal, Service Specific Expeditionary Medal,
Combat Era Specific Expeditionary Medal, Campaign Specific
Medal, or any other combat theater award established by a
Federal statute or an Executive Order)''.
(c) Report.--Not later than October 1, 2024, the Secretary
of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report
on--
(1) the number of veterans who enrolled in the system of
annual patient enrollment of the Department of Veterans
Affairs established and operated under section 1705(a) of
title 38, United States Code, to receive care pursuant to
eligibility under subparagraph (B) of section 1710(e)(3) of
such title, as amended by subsection (a)(2); and
(2) of the veterans described in paragraph (1), the number
of such veterans who reported a health concern related to
exposure to a toxic substance or radiation.
(d) Outreach Plan.--Not later than December 1, 2022, the
Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a plan to conduct outreach to
veterans described in subparagraph (B) of section 1710(e)(3)
of title 38, United States Code, as amended by subsection
(a)(2), to notify such veterans of their eligibility for
hospital care, medical services, or nursing home care under
such subparagraph.
(e) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2022.
SEC. 3. INCORPORATION OF TOXIC EXPOSURE SCREENING FOR
VETERANS.
(a) In General.--Beginning not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall incorporate a screening to help determine
potential exposures to toxic substances during active
military, naval, air, or space service as part of a health
care screening furnished by the Department of Veterans
Affairs to veterans enrolled in the system of annual patient
enrollment of the Department established and operated under
section 1705 of title 38, United States Code, to improve
understanding by the Department of exposures of veterans to
toxic substances while serving in the Armed Forces.
(b) Timing.--The Secretary shall ensure that a veteran
described in subsection (a) completes the screening required
under such subsection not less frequently than once every
five years.
(c) Determination of Questions.--
(1) In general.--The questions included in the screening
required under subsection (a) shall be determined by the
Secretary with input from medical professionals.
(2) Specific questions.--At a minimum, the screening
required under subsection (a) shall, with respect to a
veteran, include--
(A) a question about the potential exposure of the veteran
to an open burn pit; and
(B) a question regarding exposures that are commonly
associated with service in the Armed Forces.
(3) Open burn pit defined.--In this subsection, the term
``open burn pit'' means an area of land that--
(A) is designated by the Secretary of Defense to be used
for disposing solid waste by burning in the outdoor air; and
(B) does not contain a commercially manufactured
incinerator or other equipment specifically designed and
manufactured for the burning of solid waste.
(d) Print Material.--In developing the screening
established under subsection (a), the Secretary shall ensure
that print materials complementary to such screening that
outline related resources for veterans are available at each
medical center of the Department to veterans who may not have
access to the internet.
(e) Screening Updates.--The Secretary shall consider
updates to the content of the screening required under
subsection (a) not less frequently than biennially to ensure
the screening contains the most current information.
(f) Active Military, Naval, Air, or Space Service
Defined.--In this section, the term ``active military, naval,
air, or space service'' has the meaning given that term in
section 101(24) of title 38, United States Code.
SEC. 4. TRAINING FOR PERSONNEL OF THE DEPARTMENT OF VETERANS
AFFAIRS WITH RESPECT TO VETERANS EXPOSED TO
TOXIC SUBSTANCES.
(a) Health Care Personnel.--The Secretary of Veterans
Affairs shall provide to health care personnel of the
Department of Veterans Affairs education and training to
identify, treat, and assess the impact on veterans of
illnesses related to exposure to toxic substances and inform
such personnel of how to ask for additional information from
veterans regarding different exposures.
(b) Benefits Personnel.--
(1) In general.--The Secretary shall incorporate a training
program for processors of claims under the laws administered
by the Secretary who review claims for disability benefits
relating to service-connected disabilities based on exposure
to toxic substances.
(2) Annual training.--Training provided to processors under
paragraph (1) shall be provided not less frequently than
annually.
[[Page S735]]
SEC. 5. ANALYSIS AND REPORT ON TREATMENT OF VETERANS FOR
MEDICAL CONDITIONS RELATED TO TOXIC EXPOSURE.
(a) In General.--The Secretary of Veterans Affairs shall
analyze, on a continuous basis, all clinical data that--
(1) is obtained by the Department of Veterans Affairs in
connection with hospital care, medical services, and nursing
home care furnished under section 1710(a)(2)(F) of title 38,
United States Code; and
(2) is likely to be scientifically useful in determining
the association, if any, between the medical condition of a
veteran and the exposure of the veteran to a toxic substance.
(b) Annual Report.--Not later than one year after the date
of the enactment of this Act, and annually thereafter, the
Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report containing--
(1) the aggregate data compiled under subsection (a);
(2) an analysis of such data;
(3) a description of the types and incidences of medical
conditions identified by the Department under such
subsection;
(4) the explanation of the Secretary for the incidence of
such medical conditions and other explanations for the
incidence of such conditions as the Secretary considers
reasonable; and
(5) the views of the Secretary on the scientific validity
of drawing conclusions from the incidence of such medical
conditions, as evidenced by the data compiled under
subsection (a), regarding any association between such
conditions and exposure to a toxic substance.
SEC. 6. ANALYSIS RELATING TO MORTALITY OF VETERANS WHO SERVED
IN SOUTHWEST ASIA.
(a) Analysis.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in coordination with the Secretary of Defense, shall conduct
an updated analysis of total and respiratory disease
mortality in covered veterans.
(2) Elements.--The analysis required by paragraph (1) shall
include, to the extent practicable, the following with
respect to each covered veteran:
(A) Metrics of airborne exposures.
(B) The location and timing of deployments of the veteran.
(C) The military occupational specialty of the veteran.
(D) The Armed Force in which the veteran served.
(E) Pre-existing health status of the veteran, including
with respect to asthma.
(F) Relevant personal information of the veteran, including
cigarette and e-cigarette smoking history, diet, sex, gender,
age, race, and ethnicity.
(b) Covered Veteran Defined.--In this section, the term
``covered veteran'' means any veteran who--
(1) on or after August 2, 1990, served on active duty in--
(A) Bahrain;
(B) Iraq;
(C) Kuwait;
(D) Oman;
(E) Qatar;
(F) Saudi Arabia;
(G) Somalia; or
(H) the United Arab Emirates; or
(2) on or after September 11, 2001, served on active duty
in--
(A) Afghanistan;
(B) Djibouti;
(C) Egypt;
(D) Jordan;
(E) Lebanon;
(F) Syria; or
(G) Yemen.
SEC. 7. STUDY ON HEALTH TRENDS OF POST 9/11 VETERANS.
The Secretary of Veterans Affairs shall conduct an
epidemiological study on the health trends of veterans who
served in the Armed Forces after September 11, 2001.
SEC. 8. STUDY ON CANCER RATES AMONG VETERANS.
(a) In General.--The Secretary of Veterans Affairs shall
conduct a study on the incidence of cancer in veterans to
determine trends in the rates of the incidence of cancer in
veterans.
(b) Elements.--The study required by subsection (a) shall
assess, with respect to each veteran included in the study,
the following:
(1) The age of the veteran.
(2) The period of service and length of service of the
veteran in the Armed Forces.
(3) The military occupational specialty or specialties of
the veteran.
(4) The gender of the veteran.
(5) The type or types of cancer that the veteran has.
SEC. 9. PUBLICATION OF LIST OF RESOURCES OF DEPARTMENT OF
VETERANS AFFAIRS FOR VETERANS EXPOSED TO TOXIC
SUBSTANCES AND OUTREACH PROGRAM FOR SUCH
VETERANS AND CAREGIVERS AND SURVIVORS OF SUCH
VETERANS.
(a) Publication of List of Resources.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Veterans Affairs shall publish a list of
resources of the Department of Veterans Affairs for--
(A) veterans who were exposed to toxic substances;
(B) families and caregivers of such veterans; and
(C) survivors of such veterans who are receiving death
benefits under the laws administered by the Secretary.
(2) Update.--The Secretary shall periodically update the
list published under paragraph (1).
(b) Outreach.--The Secretary shall develop, with input from
the community, an informative outreach program for veterans
on illnesses that may be related to exposure to toxic
substances, including outreach with respect to benefits and
support programs.
SEC. 10. REPORT ON INDIVIDUAL LONGITUDINAL EXPOSURE RECORD.
(a) In General.--Not later than one year after the date on
which the Individual Longitudinal Exposure Record achieves
full operational capability, the Secretary of Veterans
Affairs shall submit to the appropriate committees of
Congress a report on the data quality of the Individual
Longitudinal Exposure Record and the usefulness of the
Individual Longitudinal Exposure Record in supporting
veterans in receiving health care and benefits from the
Department of Veterans Affairs.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An identification of exposures to toxic substances that
may not be fully captured by the current systems for
environmental and occupational health monitoring and
recommendations for how to improve those systems.
(2) An analysis of the quality of the location data in
determining exposures of veterans to toxic substances and
recommendations for how to improve the quality of that
location data.
(3) Recommendations on how to improve the usefulness of the
Individual Longitudinal Exposure Record.
(c) Definitions.--In this section:
(1) Appropriate committees of congress defined.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
(2) Individual longitudinal exposure record.--The term
``Individual Longitudinal Exposure Record'' includes any
pilot program or other program used by the Department of
Veterans Affairs or the Department of Defense to track how
members of the Armed Forces or veterans have been exposed to
various occupational or environmental hazards.
Mr. TESTER. I ask unanimous consent that the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. TESTER. I yield the floor.
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