[Congressional Record Volume 169, Number 124 (Wednesday, July 19, 2023)]
[Senate]
[Pages S3418-S3419]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 969. Mr. FETTERMAN submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 G of title X, add the following:

     SEC. 1083. REPORT ON CERTAIN FEDERAL EMPLOYEES AND 
                   CONTRACTORS POTENTIALLY EXPOSED TO TOXIC 
                   SUBSTANCES AT LOCATIONS WHERE MEMBERS OF THE 
                   ARMED FORCES WERE EXPOSED OR PRESUMED TO BE 
                   EXPOSED TO SUCH SUBSTANCES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     conjunction with the Secretary of Labor and other relevant 
     Federal agencies, shall submit to Congress a report that 
     contains the following:
       (1) The number of covered individuals or covered 
     contractors who completed any period of covered service.
       (2) The number of covered individuals or covered 
     contractors who submitted claims for compensation under 
     subchapter I of chapter 81 of title 5, United States Code, or 
     the Defense Base Act (42 U.S.C. 1651 et seq.) in connection 
     with exposure to toxic substances resulting from covered 
     service, without regard to whether compensation was awarded 
     under any such claim.
       (3) The number of claims under paragraph (2) that were 
     submitted, without regard to whether the claim was accepted.
       (4) With respect to claims under paragraph (2), a list of 
     locations of potential exposure to toxic substances, 
     including a list of any illnesses reported under such claims.
       (5) An analysis of work conditions for covered individuals 
     or covered contractors who completed any period of covered 
     service at or near an installation of the Department of 
     Defense, with a particular focus on potential exposure to 
     toxic substances.
       (6) The number of waivers granted by the Secretary of Labor 
     at the request of a Federal agency under the Defense Base Act 
     (42 U.S.C. 1651 et seq.), including an identification of--
       (A) the basis by which each such waiver was approved; and
       (B) the locations and periods with respect to which each 
     such waiver applies.
       (b) Comptroller General Assessment.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Comptroller General of the United States shall submit to 
     Congress a report containing an assessment of work conditions 
     analyzed under subsection (a)(5) in accordance with Federal 
     labor standards, including an assessment of whether employees 
     subject to such work conditions were informed of the negative 
     health impacts of burn pits and toxins to which those 
     employees were exposed or potentially exposed.
       (c) Definitions.--In this section:
       (1) Covered contractor.--The term ``covered contractor'' 
     means an individual who performed covered service at an 
     installation of the Department of Defense under a contract or 
     subcontract with the Department.
       (2) Covered individual.--The term ``covered individual'' 
     means--
       (A) an employee, as defined in section 8101 of title 5, 
     United States Code; or
       (B) an individual covered under the Defense Base Act (42 
     U.S.C. 1651 et seq.).
       (3) Covered service.--The term ``covered service'' means 
     service or employment as a covered individual or a covered 
     contractor in a location and during a period determined by 
     the Secretary of Veterans Affairs to be a location and period 
     for which a veteran would be entitled to health care under 
     section 1710(a)(2)(F) of title 38, United States Code, in 
     connection with service in the Armed Forces in such location 
     and during such period.

     SEC. 1084. REQUIREMENTS TO MAINTAIN CERTAIN INFORMATION UNDER 
                   DEFENSE BASE ACT.

       (a) In General.--Section 1 of the Defense Base Act (42 
     U.S.C. 1651) is amended by adding at the end the following:

[[Page S3419]]

       ``(g) Maintenance of Information.--The Secretary of Labor 
     shall maintain the following information regarding any 
     individual with respect to whom compensation is sought under 
     this Act:
       ``(1) The exact location, which shall include at a minimum 
     the name of the facility of the Department of Defense or 
     associated worksite, at which the individual was located 
     where the injury or death occurred, including, with respect 
     to an injury or death resulting from exposure to a substance, 
     the location where the exposure or perceived exposure 
     occurred.
       ``(2) The specific type of illness, disease, or injury 
     suffered by the individual.''.
       (b) Provision of Certain Historical Information.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Labor shall 
     submit to Congress a report summarizing information regarding 
     and cataloguing the specific types of illnesses, diseases, or 
     injuries suffered by individuals with respect to whom 
     compensation is sought under the Defense Base Act (42 U.S.C. 
     1651 et seq.) for the period beginning on January 1, 2016, 
     and ending on December 31, 2021.
       (2) Outreach.--If existing information or evidence for an 
     individual maintained by the Office of Workers' Compensation 
     Programs of the Department of Labor is insufficient to 
     provide the information required under paragraph (1), the 
     Secretary of Labor shall conduct outreach to locate that 
     information.
                                 ______