II 

118TH CONGRESS 

1ST SESSION S. 302 

To amend title 10, United States Code, to direct the Secretary of Defense 

to provide colorectal cancer screening for members of the uniformed 

services who served in locations associated with toxic exposure, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2023 

Ms. KLOBUCHAR introduced the following bill; which was read twice and 

referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to direct the Secretary of Defense to provide colorectal cancer screening 

for members of the uniformed services who served in 

locations associated with toxic 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘CPT Rafael Barbosa 

5 Enhanced Colorectal Cancer Screening Standard for Toxic 

6 Exposed Members of the Uniformed Services Act’’ or the 

7 ‘‘Barbosa Act’’. 


pbinns on DSKBC47HB2PROD with BILLS
2 

•S 302 IS

1 SEC. 2. REVISION OF THE PRIMARY AND PREVENTIVE 

2 HEALTH CARE POLICY OF THE DEPARTMENT 

3 OF DEFENSE TO PROVIDE ENHANCED 

4 COLORECTAL CANCER SCREENING STAND5 ARD FOR MEMBERS OF THE UNIFORMED 

6 SERVICES WHO SERVED IN LOCATIONS ASSO7 CIATED WITH TOXIC EXPOSURE. 

8 (a) IN GENERAL.—Section 1074d of title 10, United 

9 States Code, is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by striking ‘‘sub12 section (b)’’ and inserting ‘‘subsection (c)’’; and 

13 (B) in paragraph (2), by striking ‘‘consider 

14 appropriate.’’ and inserting ‘‘determine meet or 

15 exceed national standards for preventive care 

16 services, including screening under subsection 

17 (b).’’; 

18 (2) by redesignating subsection (b) as sub19 section (c); and 

20 (3) by inserting after subsection (a) the fol21 lowing new subsection (b): 

22 ‘‘(b) ENHANCED COLORECTAL CANCER SCREENING

23 STANDARD FOR MEMBERS OF THE UNIFORMED SERVICES

24 EXPOSED TO TOXIC SUBSTANCES.—(1) Under the policy 

25 developed under subsection (a)(2), any member of the uni26 formed services who, during active service, was deployed 


pbinns on DSKBC47HB2PROD with BILLS
3 

•S 302 IS

1 in support of a contingency operation in a location and 

2 during a period specified in paragraph (2), is entitled to 

3 a colorectal cancer screening, which may include a 

4 colonoscopy, fecal occult blood testing, sigmoidoscopy, or 

5 other colon cancer screening, by a health care provider of 

6 the Department of Defense beginning on the date that is 

7 five years after the first day of qualifying service for such 

8 member and thereafter at a frequency as recommended 

9 by the United States Preventive Services Task Force. 

10 ‘‘(2) The locations and periods specified in this para11 graph are the following: 

12 ‘‘(A) Iraq during following periods: 

13 ‘‘(i) The period beginning on August 2, 

14 1990, and ending on February 28, 1991. 

15 ‘‘(ii) The period beginning on March 19, 

16 2003, and ending on such date as the Secretary 

17 of Defense determines burn pits are no longer 

18 used in Iraq. 

19 ‘‘(B) The Southwest Asia theater of operations, 

20 other than Iraq, during the period beginning on Au21 gust 2, 1990, and ending on such date as the Sec22 retary determines burn pits are no longer used in 

23 such location, including the following locations: 

24 ‘‘(i) Kuwait. 

25 ‘‘(ii) Saudi Arabia. 


pbinns on DSKBC47HB2PROD with BILLS
4 

•S 302 IS

1 ‘‘(iii) Oman. 

2 ‘‘(iv) Qatar. 

3 ‘‘(C) Afghanistan during the period beginning 

4 on September 11, 2001, and ending on such date as 

5 the Secretary determines burn pits are no longer 

6 used in Afghanistan. 

7 ‘‘(D) Djibouti during the period beginning on 

8 September 11, 2001, and ending on such date as the 

9 Secretary determines burn pits are no longer used in 

10 Djibouti. 

11 ‘‘(E) Syria during the period beginning on Sep12 tember 11, 2001, and ending on such date as the 

13 Secretary determines burn pits are no longer used in 

14 Syria. 

15 ‘‘(F) Jordan during the period beginning on 

16 September 11, 2001, and ending on such date as the 

17 Secretary determines burn pits are no longer used in 

18 Jordan. 

19 ‘‘(G) Egypt during the period beginning on 

20 September 11, 2001, and ending on such date as the 

21 Secretary determines burn pits are no longer used in 

22 Egypt. 

23 ‘‘(H) Lebanon during the period beginning on 

24 September 11, 2001, and ending on such date as the 


pbinns on DSKBC47HB2PROD with BILLS
5 

•S 302 IS

1 Secretary determines burn pits are no longer used in 

2 Lebanon. 

3 ‘‘(I) Yemen during the period beginning on 

4 September 11, 2001, and ending on such date as the 

5 Secretary determines burn pits are no longer used in 

6 Yemen. 

7 ‘‘(J) Such other locations and corresponding pe8 riods as set forth by the Airborne Hazards and Open 

9 Burn Pit Registry established under section 201 of 

10 the Dignified Burial and Other Veterans’ Benefits 

11 Improvement Act of 2012 (Public Law 112–260; 38 

12 U.S.C. 527 note). 

13 ‘‘(K) Such other locations and corresponding 

14 periods as the Secretary may determine appropriate 

15 in a report submitted under paragraph (3). 

16 ‘‘(3) Not later than two years after the date of the 

17 enactment of the CPT Rafael Barbosa Enhanced 

18 Colorectal Cancer Screening Standard for Toxic Exposed 

19 Members of the Uniformed Services Act, and not less fre20 quently than once every two years thereafter, the Sec21 retary of Defense shall submit to Congress a report speci22 fying other locations and corresponding periods for pur23 poses of paragraph (2)(K). 


pbinns on DSKBC47HB2PROD with BILLS
6 

•S 302 IS

1 ‘‘(4) A location under this subsection shall not in2 clude any body of water around or any airspace above such 

3 location. 

4 ‘‘(5) In this subsection, the term ‘burn pit’ means an 

5 area of land that— 

6 ‘‘(A) is used for disposal of solid waste by burn7 ing in the outdoor air; and 

8 ‘‘(B) does not contain a commercially manufac9 tured incinerator or other equipment specifically de10 signed and manufactured for the burning of solid 

11 waste.’’. 

12 (b) REPORT ON COLORECTAL CANCER RATES FOR

13 MEMBERS OF THE UNIFORMED SERVICES DEPLOYED TO

14 CERTAIN AREAS.— 

15 (1) IN GENERAL.—Not later than two years 

16 after the date of the enactment of this Act, the Sec17 retary of Defense shall submit to the Committee on 

18 Armed Services of the Senate and the Committee on 

19 Armed Services of the House of Representatives a 

20 report that compares the rates of colorectal cancer 

21 among members of the uniformed services deployed 

22 to the locations and during the periods specified in 

23 section 1074d(b) of title 10, United States Code, as 

24 added by subsection (a), as compared to members of 

25 the uniformed services who were not deployed to 


pbinns on DSKBC47HB2PROD with BILLS
7 

•S 302 IS

1 those locations during those periods and to the civil2 ian population. 

3 (2) UNIFORMED SERVICES DEFINED.—In this 

4 subsection, the term ‘‘uniformed services’’ has the 

5 meaning given that term in section 101(a)(5) of title 

6 10, United States Code. 

Æ 


pbinns on DSKBC47HB2PROD with BILLS