Barbosa Act

Bill: 118-s-302
Sponsor: full_name: Sen. Klobuchar, Amy [D-MN]
Introduced: 2023-02-07
Policy area: Armed Forces and National Security
Latest action: action_date: 2023-02-07
text: Read twice and referred to the Committee on Armed Services.

Summaries:
action_date: 2023-02-07
action_desc: Introduced in Senate
text: <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>

tv_txt: II 118th CONGRESS 1st Session S. 302 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. 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 . 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.