S.Amdt. 969

SA 969. Mr. FETTERMAN submitted an amendment intended to be proposed
by him to the bill S. 2226, to authorize appropriations for fiscal year
2024 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 G of title X, add the following:

SEC. 1083. REPORT ON CERTAIN FEDERAL EMPLOYEES AND
CONTRACTORS POTENTIALLY EXPOSED TO TOXIC
SUBSTANCES AT LOCATIONS WHERE MEMBERS OF THE
ARMED FORCES WERE EXPOSED OR PRESUMED TO BE
EXPOSED TO SUCH SUBSTANCES.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
conjunction with the Secretary of Labor and other relevant
Federal agencies, shall submit to Congress a report that
contains the following:
(1) The number of covered individuals or covered
contractors who completed any period of covered service.
(2) The number of covered individuals or covered
contractors who submitted claims for compensation under
subchapter I of chapter 81 of title 5, United States Code, or
the Defense Base Act (42 U.S.C. 1651 et seq.) in connection
with exposure to toxic substances resulting from covered
service, without regard to whether compensation was awarded
under any such claim.
(3) The number of claims under paragraph (2) that were
submitted, without regard to whether the claim was accepted.
(4) With respect to claims under paragraph (2), a list of
locations of potential exposure to toxic substances,
including a list of any illnesses reported under such claims.
(5) An analysis of work conditions for covered individuals
or covered contractors who completed any period of covered
service at or near an installation of the Department of
Defense, with a particular focus on potential exposure to
toxic substances.
(6) The number of waivers granted by the Secretary of Labor
at the request of a Federal agency under the Defense Base Act
(42 U.S.C. 1651 et seq.), including an identification of--
(A) the basis by which each such waiver was approved; and
(B) the locations and periods with respect to which each
such waiver applies.
(b) Comptroller General Assessment.--Not later than 180
days after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to
Congress a report containing an assessment of work conditions
analyzed under subsection (a)(5) in accordance with Federal
labor standards, including an assessment of whether employees
subject to such work conditions were informed of the negative
health impacts of burn pits and toxins to which those
employees were exposed or potentially exposed.
(c) Definitions.--In this section:
(1) Covered contractor.--The term ``covered contractor''
means an individual who performed covered service at an
installation of the Department of Defense under a contract or
subcontract with the Department.
(2) Covered individual.--The term ``covered individual''
means--
(A) an employee, as defined in section 8101 of title 5,
United States Code; or
(B) an individual covered under the Defense Base Act (42
U.S.C. 1651 et seq.).
(3) Covered service.--The term ``covered service'' means
service or employment as a covered individual or a covered
contractor in a location and during a period determined by
the Secretary of Veterans Affairs to be a location and period
for which a veteran would be entitled to health care under
section 1710(a)(2)(F) of title 38, United States Code, in
connection with service in the Armed Forces in such location
and during such period.

SEC. 1084. REQUIREMENTS TO MAINTAIN CERTAIN INFORMATION UNDER
DEFENSE BASE ACT.

(a) In General.--Section 1 of the Defense Base Act (42
U.S.C. 1651) is amended by adding at the end the following:

[[Page S3419]]

``(g) Maintenance of Information.--The Secretary of Labor
shall maintain the following information regarding any
individual with respect to whom compensation is sought under
this Act:
``(1) The exact location, which shall include at a minimum
the name of the facility of the Department of Defense or
associated worksite, at which the individual was located
where the injury or death occurred, including, with respect
to an injury or death resulting from exposure to a substance,
the location where the exposure or perceived exposure
occurred.
``(2) The specific type of illness, disease, or injury
suffered by the individual.''.
(b) Provision of Certain Historical Information.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Labor shall
submit to Congress a report summarizing information regarding
and cataloguing the specific types of illnesses, diseases, or
injuries suffered by individuals with respect to whom
compensation is sought under the Defense Base Act (42 U.S.C.
1651 et seq.) for the period beginning on January 1, 2016,
and ending on December 31, 2021.
(2) Outreach.--If existing information or evidence for an
individual maintained by the Office of Workers' Compensation
Programs of the Department of Labor is insufficient to
provide the information required under paragraph (1), the
Secretary of Labor shall conduct outreach to locate that
information.
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