Barbosa Act

Subjects: Armed Forces and National Security

Summary:  <p><b>CPT Rafael Barbosa Enhanced Colorectal Cancer Screening Standard for Toxic Exposed Members of the Uniformed Services Act or the Barbosa Act</b></p> <p>This bill entitles certain members of the uniformed services to a colorectal cancer screening through the Military Health System. Specifically, the bill provides such entitlement to members who, during active service, were deployed during specified time frames in certain locations where burn pits are or were used (e.g., Iraq from August 2, 1990, to February 28, 1991). A burn pit is an area used for burning solid waste in open air without equipment.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 302 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

    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 ``CPT Rafael Barbosa Enhanced 
Colorectal Cancer Screening Standard for Toxic Exposed Members of the 
Uniformed Services Act'' or the ``Barbosa Act''.

SEC. 2. REVISION OF THE PRIMARY AND PREVENTIVE HEALTH CARE POLICY OF 
              THE DEPARTMENT OF DEFENSE TO PROVIDE ENHANCED COLORECTAL 
              CANCER SCREENING STANDARD FOR MEMBERS OF THE UNIFORMED 
              SERVICES WHO SERVED IN LOCATIONS ASSOCIATED WITH TOXIC 
              EXPOSURE.

    (a) In General.--Section 1074d of title 10, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``subsection 
                (b)'' and inserting ``subsection (c)''; and
                    (B) in paragraph (2), by striking ``consider 
                appropriate.'' and inserting ``determine meet or exceed 
                national standards for preventive care services, 
                including screening under subsection (b).'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Enhanced Colorectal Cancer Screening Standard for Members of 
the Uniformed Services Exposed to Toxic Substances.--(1) Under the 
policy developed under subsection (a)(2), any member of the uniformed 
services who, during active service, was deployed in support of a 
contingency operation in a location and during a period specified in 
paragraph (2), is entitled to a colorectal cancer screening, which may 
include a colonoscopy, fecal occult blood testing, sigmoidoscopy, or 
other colon cancer screening, by a health care provider of the 
Department of Defense beginning on the date that is five years after 
the first day of qualifying service for such member and thereafter at a 
frequency as recommended by the United States Preventive Services Task 
Force.
    ``(2) The locations and periods specified in this paragraph are the 
following:
            ``(A) Iraq during following periods:
                    ``(i) The period beginning on August 2, 1990, and 
                ending on February 28, 1991.
                    ``(ii) The period beginning on March 19, 2003, and 
                ending on such date as the Secretary of Defense 
                determines burn pits are no longer used in Iraq.
            ``(B) The Southwest Asia theater of operations, other than 
        Iraq, during the period beginning on August 2, 1990, and ending 
        on such date as the Secretary determines burn pits are no 
        longer used in such location, including the following 
        locations:
                    ``(i) Kuwait.
                    ``(ii) Saudi Arabia.
                    ``(iii) Oman.
                    ``(iv) Qatar.
            ``(C) Afghanistan during the period beginning on September 
        11, 2001, and ending on such date as the Secretary determines 
        burn pits are no longer used in Afghanistan.
            ``(D) Djibouti during the period beginning on September 11, 
        2001, and ending on such date as the Secretary determines burn 
        pits are no longer used in Djibouti.
            ``(E) Syria during the period beginning on September 11, 
        2001, and ending on such date as the Secretary determines burn 
        pits are no longer used in Syria.
            ``(F) Jordan during the period beginning on September 11, 
        2001, and ending on such date as the Secretary determines burn 
        pits are no longer used in Jordan.
            ``(G) Egypt during the period beginning on September 11, 
        2001, and ending on such date as the Secretary determines burn 
        pits are no longer used in Egypt.
            ``(H) Lebanon during the period beginning on September 11, 
        2001, and ending on such date as the Secretary determines burn 
        pits are no longer used in Lebanon.
            ``(I) Yemen during the period beginning on September 11, 
        2001, and ending on such date as the Secretary determines burn 
        pits are no longer used in Yemen.
            ``(J) Such other locations and corresponding periods as set 
        forth by the Airborne Hazards and Open Burn Pit Registry 
        established 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).
            ``(K) Such other locations and corresponding periods as the 
        Secretary may determine appropriate in a report submitted under 
        paragraph (3).
    ``(3) Not later than two years after the date of the enactment of 
the CPT Rafael Barbosa Enhanced Colorectal Cancer Screening Standard 
for Toxic Exposed Members of the Uniformed Services Act, and not less 
frequently than once every two years thereafter, the Secretary of 
Defense shall submit to Congress a report specifying other locations 
and corresponding periods for purposes of paragraph (2)(K).
    ``(4) A location under this subsection shall not include any body 
of water around or any airspace above such location.
    ``(5) In this subsection, the term `burn pit' means an area of land 
that--
            ``(A) is used for disposal of 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.''.
    (b) Report on Colorectal Cancer Rates for Members of the Uniformed 
Services Deployed to Certain Areas.--
            (1) In general.--Not later than two years after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        submit to the Committee on Armed Services of the Senate and the 
        Committee on Armed Services of the House of Representatives a 
        report that compares the rates of colorectal cancer among 
        members of the uniformed services deployed to the locations and 
        during the periods specified in section 1074d(b) of title 10, 
        United States Code, as added by subsection (a), as compared to 
        members of the uniformed services who were not deployed to 
        those locations during those periods and to the civilian 
        population.
            (2) Uniformed services defined.--In this subsection, the 
        term ``uniformed services'' has the meaning given that term in 
        section 101(a)(5) of title 10, United States Code.
                                 &lt;all&gt;
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