S.Amdt. 2437Senate116th Congress (2019-2021)2nd degree
S.Amdt. 2437
Sponsored by
Sen. Amy Klobuchar (D-MN)
Submitted July 20, 2020
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Senate amendment submitted
July 20, 2020
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Submitted
SA 2437. Ms. KLOBUCHAR (for herself and Mr. Rounds) submitted an amendment intended to be proposed to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle C of title VII, add the following: SEC. 752. EVALUATION OF EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE CHEMICALS OR OTHER AIRBORNE CONTAMINANTS FOR MEMBERS OF THE ARMED FORCES AND VETERANS WHO HAVE TESTED POSITIVE FOR A PANDEMIC VIRUS AND INCLUSION OF INFORMATION IN REGISTRY. (a) Evaluation of Dual Exposure.-- (1) Department of defense.--The Secretary of Defense shall ensure that the first health assessment conducted by the Department of Defense for a member of the Armed Forces after the member tested positive for a virus certified by the Federal Government as a pandemic includes an evaluation described in paragraph (3). (2) Department of veterans affairs.--The Secretary of Veterans Affairs shall ensure that the first health care examination conducted for a veteran under the laws administered by the Secretary after the veteran tested positive for a virus certified by the Federal Government as a pandemic includes an evaluation described in paragraph (3). (3) Evaluation described.--An evaluation described in this paragraph conducted with respect to an individual is an evaluation of whether the individual has been-- (A) based or stationed at a location where an open burn pit was used; or (B) 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. (4) Inclusion in medical records.--If the Secretary of Defense or the Secretary of Veterans Affairs, pursuant to an evaluation conducted under this subsection, determines that an individual who tested positive for a virus certified by the Federal Government as a pandemic was also based or stationed at a location where an open burn pit was used or exposed to toxic airborne chemicals or other airborne contaminants relating to service in the Armed Forces, the Secretary of Defense or the Secretary of Veterans Affairs, as the case may be, shall include in the medical record of the individual information regarding the positive test result and the exposure to burn pits or other airborne chemicals or contaminants. (b) Inclusion of Individuals in Registry.-- (1) In general.--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. (2) Mechanism for enrollment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a mechanism for the enrollment of individuals in the Airborne Hazards and Open Burn Pit Registry under paragraph (1). (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. 753. 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, in consultation with the Secretary of Defense, 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. [[Page S4272]] (b) Preparation for Future Pandemic.--The Secretary of Veterans Affairs, 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). ______