II 

116TH CONGRESS 

2D SESSION S. 3868 

To require the Secretary of Defense and the Secretary of Veterans Affairs 

to evaluate members of the Armed Forces and veterans who have tested 

positive for a virus certified as a pandemic for potential exposure to 

open burn pits and toxic airborne chemicals or other airborne contaminants, to conduct a study on the impact of such a pandemic on members 

and veterans with such exposure, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 2, 2020 

Ms. KLOBUCHAR (for herself, Mr. ROUNDS, Ms. DUCKWORTH, and Mr. SULLIVAN) introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

To require the Secretary of Defense and the Secretary of 

Veterans Affairs to evaluate members of the Armed 

Forces and veterans who have tested positive for a virus 

certified as a pandemic for potential exposure to open 

burn pits and toxic airborne chemicals or other airborne 

contaminants, to conduct a study on the impact of such 

a pandemic on members and veterans with such exposure, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pandemic Care for 

3 Burn Pits Exposure Act of 2020’’. 

4 SEC. 2. EXPOSURE TO OPEN BURN PITS AND TOXIC AIR5 BORNE CHEMICALS OR OTHER AIRBORNE 

6 CONTAMINANTS AS PART OF HEALTH AS7 SESSMENTS FOR MEMBERS OF THE ARMED 

8 FORCES AND VETERANS DURING A PAN9 DEMIC AND INCLUSION OF INFORMATION IN 

10 REGISTRY. 

11 (a) HEALTH ASSESSMENT.—The Secretary of De12 fense and Secretary of Veterans Affairs shall ensure that 

13 the first health assessment conducted for a member of the 

14 Armed Forces or veteran after the individual tested posi15 tive for a virus certified by the Federal government as a 

16 pandemic includes an evaluation of whether the individual 

17 has been— 

18 (1) based or stationed at a location where an 

19 open burn pit was used; or 

20 (2) exposed to toxic airborne chemicals or other 

21 airborne contaminants relating to service in the 

22 Armed Forces, including an evaluation of any infor23 mation recorded as part of the Airborne Hazards 

24 and Open Burn Pit Registry. 

25 (b) INCLUSION OF INDIVIDUALS IN REGISTRY.—If an 

26 evaluation conducted under subsection (a) with respect to 


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1 an individual establishes that the individual was based or 

2 stationed at a location where an open burn pit was used, 

3 or that the individual was exposed to toxic airborne chemi4 cals or other airborne contaminants, the individual shall 

5 be enrolled in the Airborne Hazards and Open Burn Pit 

6 Registry unless the member elects to not enroll in such 

7 registry. 

8 (c) RULE OF CONSTRUCTION.—Nothing in this sec9 tion may be construed to preclude eligibility of a veteran 

10 for benefits under the laws administered by the Secretary 

11 of Veterans Affairs by reason of the history of exposure 

12 of the veteran to an open burn pit not being recorded in 

13 an evaluation conducted under subsection (a). 

14 (d) DEFINITIONS.—In this section: 

15 (1) AIRBORNE HAZARDS AND OPEN BURN PIT

16 REGISTRY.—The term ‘‘Airborne Hazards and Open 

17 Burn Pit Registry’’ means the registry established 

18 by the Secretary of Veterans Affairs under section 

19 201 of the Dignified Burial and Other Veterans’ 

20 Benefits Improvement Act of 2012 (Public Law 

21 112–260; 38 U.S.C. 527 note). 

22 (2) OPEN BURN PIT.—The term ‘‘open burn 

23 pit’’ has the meaning given that term in section 

24 201(c) of the Dignified Burial and Other Veterans’ 


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1 Benefits Improvement Act of 2012 (Public Law 

2 112–260; 38 U.S.C. 527 note). 

3 SEC. 3. STUDY ON IMPACT OF VIRAL PANDEMICS ON MEM4 BERS OF ARMED FORCES AND VETERANS 

5 WHO HAVE EXPERIENCED TOXIC EXPOSURE. 

6 (a) IN GENERAL.—The Secretary of Veterans Affairs 

7 shall conduct a study, through the Airborne Hazards and 

8 Burn Pits Center of Excellence (in this section referred 

9 to as the ‘‘Center’’), on the health impacts of infection 

10 with a virus designated as a global pandemic, including 

11 a coronavirus, to members of the Armed Forces and vet12 erans who have been exposed to open burn pits and other 

13 toxic exposures for the purposes of understanding the 

14 health impacts of the virus and whether individuals in15 fected with the virus are at increased risk of severe symp16 toms due to previous conditions linked to toxic exposure. 

17 (b) PREPARATION FOR FUTURE PANDEMIC.—The 

18 Secretary, through the Center, shall analyze potential les19 sons learned through the study conducted under sub20 section (a) to assist in preparing the Department of Vet21 erans Affairs for potential future pandemics. 

22 (c) DEFINITIONS.—In this section: 

23 (1) CORONAVIRUS.—The term ‘‘coronavirus’’ 

24 has the meaning given that term in section 506 of 

25 the Coronavirus Preparedness and Response SuppleVerDate Sep 11 2014 23:16 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3868.IS S3868

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1 mental Appropriations Act, 2020 (Public Law 116– 

2 123). 

3 (2) OPEN BURN PIT.—The term ‘‘open burn 

4 pit’’ has the meaning given that term in section 

5 201(c) of the Dignified Burial and Other Veterans’ 

6 Benefits Improvement Act of 2012 (Public Law 

7 112–260; 38 U.S.C. 527 note). 

Æ 


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