Title: Pandemic Care for Burn Pits Exposure Act of 2020
Policy area: Armed Forces and National Security

Summary:
Pandemic Care for Burn Pits Exposure Act of 2020
This bill requires the Department of Defense and the Department of Veterans Affairs (VA) to ensure that the first health assessment conducted for a member of the Armed Forces or veteran after such an individual tests positive for a virus certified as a pandemic includes an evaluation of whether the individual has been (1) based or stationed at a location where an open burn pit was used, or (2) exposed to toxic airborne chemicals or contaminants relating to service in the Armed Forces. A burn pit is an area used for burning solid waste in open air without equipment.
If such an evaluation establishes that an individual was based or stationed at a location where an open burn pit was used, or that the individual was exposed to toxic airborne chemicals or contaminants, the individual must be enrolled in the Airborne Hazards and Open Burn Pit Registry unless they opt out of enrollment.
The VA's Airborne Hazards and Burn Pits Center of Excellence must conduct a study on the health impacts of infection with a virus designated as a global pandemic, including the coronavirus (i.e., the virus that causes COVID-19), to members of the Armed Forces and veterans who have been exposed to open burn pits and other toxic exposures. The study must be analyzed to assist in preparation for potential future pandemics.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3868 Introduced in Senate (IS)]

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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.

    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 ``Pandemic Care for Burn Pits Exposure 
Act of 2020''.

SEC. 2. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE CHEMICALS OR 
              OTHER AIRBORNE CONTAMINANTS AS PART OF HEALTH ASSESSMENTS 
              FOR MEMBERS OF THE ARMED FORCES AND VETERANS DURING A 
              PANDEMIC AND INCLUSION OF INFORMATION IN REGISTRY.

    (a) Health Assessment.--The Secretary of Defense and Secretary of 
Veterans Affairs shall ensure that the first health assessment 
conducted for a member of the Armed Forces or veteran after the 
individual tested positive for a virus certified by the Federal 
government as a pandemic includes an evaluation of whether the 
individual has been--
            (1) based or stationed at a location where an open burn pit 
        was used; or
            (2) exposed to toxic airborne chemicals or other airborne 
        contaminants relating to service in the Armed Forces, including 
        an evaluation of any information recorded as part of the 
        Airborne Hazards and Open Burn Pit Registry.
    (b) Inclusion of Individuals in Registry.--If an evaluation 
conducted under subsection (a) with respect to an individual 
establishes that the individual was based or stationed at a location 
where an open burn pit was used, or that the individual was exposed to 
toxic airborne chemicals or other airborne contaminants, the individual 
shall be enrolled in the Airborne Hazards and Open Burn Pit Registry 
unless the member elects to not enroll in such registry.
    (c) Rule of Construction.--Nothing in this section may be construed 
to preclude eligibility of a veteran for benefits under the laws 
administered by the Secretary of Veterans Affairs by reason of the 
history of exposure of the veteran to an open burn pit not being 
recorded in an evaluation conducted under subsection (a).
    (d) Definitions.--In this section:
            (1) Airborne hazards and open burn pit registry.--The term 
        ``Airborne Hazards and Open Burn Pit Registry'' means the 
        registry established by the Secretary of Veterans Affairs 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).
            (2) Open burn pit.--The term ``open burn pit'' has the 
        meaning given that term in section 201(c) of the Dignified 
        Burial and Other Veterans' Benefits Improvement Act of 2012 
        (Public Law 112-260; 38 U.S.C. 527 note).

SEC. 3. STUDY ON IMPACT OF VIRAL PANDEMICS ON MEMBERS OF ARMED FORCES 
              AND VETERANS WHO HAVE EXPERIENCED TOXIC EXPOSURE.

    (a) In General.--The Secretary of Veterans Affairs shall conduct a 
study, through the Airborne Hazards and Burn Pits Center of Excellence 
(in this section referred to as the ``Center''), on the health impacts 
of infection with a virus designated as a global pandemic, including a 
coronavirus, to members of the Armed Forces and veterans who have been 
exposed to open burn pits and other toxic exposures for the purposes of 
understanding the health impacts of the virus and whether individuals 
infected with the virus are at increased risk of severe symptoms due to 
previous conditions linked to toxic exposure.
    (b) Preparation for Future Pandemic.--The Secretary, through the 
Center, shall analyze potential lessons learned through the study 
conducted under subsection (a) to assist in preparing the Department of 
Veterans Affairs for potential future pandemics.
    (c) Definitions.--In this section:
            (1) Coronavirus.--The term ``coronavirus'' has the meaning 
        given that term in section 506 of the Coronavirus Preparedness 
        and Response Supplemental Appropriations Act, 2020 (Public Law 
        116-123).
            (2) Open burn pit.--The term ``open burn pit'' has the 
        meaning given that term in section 201(c) of the Dignified 
        Burial and Other Veterans' Benefits Improvement Act of 2012 
        (Public Law 112-260; 38 U.S.C. 527 note).
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