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Title VI — Improving support to toxic exposure veterans

S. 3003 · 117th Congress · Oct 19, 2021 · Lineage

VI Improving support to toxic exposure veterans

Sec. 601 Definitions

In this title, the terms active military, naval, or air service, toxic exposure, and toxic exposure veteran have the meanings given those terms in section 101 of title 38, United States Code.

Sec. 602 Publication of list of resources of Department of Veterans Affairs for toxic exposure veterans and outreach program for such veterans and caregivers and survivors of such veterans

(a)
Publication of list of resources—
(1)
In general— Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs shall publish a list of resources of the Department of Veterans Affairs for—
(A)
toxic exposure veterans;
(B)
families and caregivers of toxic exposure veterans; and
(C)
survivors of toxic exposure veterans (or who would be toxic exposure veterans were the veterans alive) who are receiving death benefits under the laws administered by the Secretary.
(2)
Update— The Secretary shall periodically update the list published under paragraph (1).
(b)
Outreach— The Secretary shall develop, with input from the community, an informative outreach program for veterans on illnesses that may be related to toxic exposure, including outreach with respect to benefits and support programs.

Sec. 603 Incorporation of toxic exposure questionnaire during primary care appointments

(a)
In general— The Secretary of Veterans Affairs shall incorporate a clinical questionnaire to help determine potential toxic exposures during active military, naval, or air service as part of the initial screening conducted for an appointment of a veteran with a primary care provider of the Department of Veterans Affairs to improve understanding by the Department of toxic exposures of veterans while serving in the Armed Forces.
(b)
Determination of questions— The questions included in the questionnaire required under subsection (a) shall be determined by the Secretary with input from medical professionals.

Sec. 604 Training for personnel of the Department of Veterans Affairs with respect to toxic exposure veterans

(a)
Health care personnel— The Secretary of Veterans Affairs shall provide to health care personnel of the Department of Veterans Affairs education and training to identify, treat, and assess the impact on toxic exposure veterans of illnesses related to toxic exposure and inform such personnel of how to ask for additional information from veterans regarding different toxic exposures.
(b)
Benefits personnel—
(1)
In general— The Secretary shall establish a training program for processors of claims under the laws administered by the Secretary who review claims for disability benefits relating to service-connected disabilities based on toxic exposure.
(2)
Annual training— Training provided to processors under paragraph (1) shall be provided not less frequently than annually.

Sec. 605 SFC Heath Robinson Burn Pit Transparency Act

(a)
Short title— This section may be cited as the “SFC Heath Robinson Burn Pit Transparency Act”.
(b)
Quarterly notifications—
(1)
In general— On a quarterly basis, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report on each reported case of burn pit exposure by a covered veteran reported during the previous quarter.
(2)
Elements— Each report submitted under paragraph (1) shall include, with respect to each reported case of burn pit exposure of a covered veteran included in the report, the following:
(A)
Notice of the case, including the medical facility at which the case was reported.
(B)
Notice of, as available—
(i)
the enrollment status of the covered veteran with respect to the patient enrollment system of the Department of Veterans Affairs under section 1705(a) of title 38, United States Code;
(ii)
a summary of all health care visits by the covered veteran at the medical facility at which the case was reported that are related to the case;
(iii)
the demographics of the covered veteran, including age, sex, and race;
(iv)
any non-Department of Veterans Affairs health care benefits that the covered veteran receives;
(v)
the Armed Force in which the covered veteran served and the rank of the covered veteran;
(vi)
the period in which the covered veteran served;
(vii)
each location that the covered veteran reported as being a location at which the veteran was exposed to toxic airborne chemicals and fumes from an open burn pit;
(viii)
the medical diagnoses of the covered veteran and the treatment provided to the veteran; and
(ix)
whether the covered veteran is registered in the Airborne Hazards and Open Burn Pit Registry.
(3)
Protection of information— The Secretary shall ensure that the reports submitted under paragraph (1) do not include the identity of covered veterans or contain other personally identifiable data.
(c)
Annual report on cases—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to the appropriate congressional committees a report detailing the following:
(A)
The total number of covered veterans.
(B)
The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial.
(C)
A comprehensive list of—
(i)
the conditions for which covered veterans seek treatment; and
(ii)
the locations that the covered veterans reported as being locations at which the veterans were exposed to toxic airborne chemicals and fumes from open burn pits.
(D)
Identification of any illnesses relating to exposure to open burn pits that formed the basis for the Secretary to award benefits, including entitlement to service connection or an increase in disability rating.
(E)
The total number of covered veterans who died after seeking care for an illness relating to exposure to an open burn pit.
(F)
Any updates or trends with respect to the information described in subparagraphs (A), (B), (C), (D), and (E) that the Secretary determines appropriate.
(2)
Matters included in first report— The Secretary shall include in the first report under paragraph (1) information specified in subsection (b)(2) with respect to reported cases of burn pit exposure made during the period beginning January 1, 1990, and ending on the day before the date of the enactment of this Act.
(d)
Comptroller General report— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report containing an assessment of the effectiveness of any memorandum of understanding or memorandum of agreement entered into by the Secretary of Veterans Affairs with respect to—
(1)
the processing of reported cases of burn pit exposure; and
(2)
the coordination of care and provision of health care relating to such cases at medical facilities of the Department of Veterans Affairs and at non-Department facilities.
(e)
Definitions— In this section:
(1)
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)
The term appropriate congressional committees means—
(A)
the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and
(B)
The Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives.
(3)
The term covered veteran means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces.
(4)
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).
(5)
The term reported case of burn pit exposure means each instance in which a veteran presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces.