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Code · STATUTE-COMPILATIONS · James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 · Sec. 744

Sec. 744. CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT TO EFFECTS OF EXPOSURE TO OPEN BURN PITS AND OTHER ENVIRONMENTAL HAZARDS

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## SEC. 744 CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT TO EFFECTS OF EXPOSURE TO OPEN BURN PITS AND OTHER ENVIRONMENTAL HAZARDS ###
(a)In General Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— ####
(1)conduct a capability assessment of potential improvements to activities of the Department of Defense to reduce the effects of environmental exposures with respect to members of the Armed Forces; and ####
(2)develop an action plan to implement such improvements assessed under paragraph
(1)as the Secretary considers appropriate. ###
(b)Elements The capability assessment required by subsection (a)(1) shall include the following elements: ####
(1)With respect to the conduct of periodic health assessments, the following: #####
(A)An assessment of the feasibility and advisability of adding additional screening questions relating to environmental and occupational exposures to current health assessments of members of the Armed Forces conducted by the Secretary of Defense, including pre- and post-deployment assessments and pre-separation assessments. #####
(B)An assessment of the potential value and feasibility of regularly requiring spirometry or other pulmonary function testing pre- and post-deployment for all members, or selected members, of the Armed Forces. ####
(2)With respect to the conduct of outreach and education, the following: #####
(A)An evaluation of clinician training on the health effects of airborne hazards and how to document exposure information in health records maintained by the Department of Defense and the Department of Veterans Affairs. #####
(B)An assessment of the adequacy of current actions by the Secretary of Defense and the Secretary of Veterans Affairs to increase awareness among members of the Armed Forces and veterans of the purposes and uses of the Airborne Hazards and Open Burn Pit Registry and the effect of a potential requirement that individuals meeting applicable criteria be automatically enrolled in the registry unless such individuals opt out of enrollment. #####
(C)An assessment of operational plans for deployment with respect to the adequacy of educational activities for, and evaluations of, performance of command authorities, medical personnel, and members of the Armed Forces on deployment on anticipated environmental exposures and potential means to minimize and mitigate any adverse health effects of such exposures, including through the use of monitoring, personal protective equipment, and medical responses. #####
(D)An evaluation of potential means to improve the education of health care providers of the Department of Defense with respect to the diagnosis and treatment of health conditions associated with environmental exposures. ####
(3)With respect to the monitoring of exposure during deployment operations, the following: #####
(A)An evaluation of potential means to strengthen tactics, techniques, and procedures used in deployment operations to document— ######
(i)specific locations where members of the Armed Forces served; ######
(ii)environmental exposures in such locations; and ######
(iii)any munitions involved during such service in such locations. #####
(B)An assessment of potential improvements in the acquisition and use of wearable monitoring technology and remote sensing capabilities to record environmental exposures by geographic location. #####
(C)An analysis of the potential value and feasibility of maintaining a repository of frozen soil samples from each deployment location to be later tested as needed when concerns relating to environmental exposures are identified. ####
(4)With respect to the use of the Individual Longitudinal Exposure Record, the following: #####
(A)An assessment of feasibility and advisability of recording individual clinical diagnosis and treatment information in the Individual Longitudinal Exposure Record to be integrated with exposure data. #####
(B)An evaluation of— ######
(i)the progress toward making the Individual Longitudinal Exposure Record operationally capable and accessible to members of the Armed Forces and veterans by 2023; and ######
(ii)the integration of data from the Individual Longitudinal Exposure Record with the electronic health records of the Department of Defense and the Department of Veterans Affairs. #####
(C)An assessment of the feasibility and advisability of making such data accessible to the surviving family members of members of the Armed Forces and veterans. ####
(5)With respect to the conduct of research, the following: #####
(A)An assessment of the potential use of the Airborne Hazards and Open Burn Pit Registry for research on monitoring and identifying the health consequences of exposure to open burn pits. #####
(B)An analysis of options for increasing the amount and the relevance of additional research into the health effects of open burn pits and effective treatments for such health effects. #####
(C)An evaluation of potential research of biomarker monitoring to document environmental exposures during deployment or throughout the military career of a member of the Armed Forces. #####
(D)An analysis of potential organizational strengthening with respect to the management of research on environmental exposure hazards, including the establishment of a joint program executive office for such management. #####
(E)An assessment of the findings and recommendations of the 2020 report by the National Academies of Science, Engineering, and Medicine titled “Respiratory Health Effects of Airborne Hazards Exposures in the Southwest Asia Theater of Military Operations”. ####
(6)An evaluation of such other matters as the Secretary of Defense determines appropriate to ensure a comprehensive review of activities relating to the effects of exposure to open burn pits and other environmental hazards. ###
(c)Submission of Plan and Briefing Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall— ####
(1)submit to the Committees on Armed Services of the House of Representatives and the Senate the action plan required by subsection (a)(2); and ####
(2)provide to such committees a briefing on the results of the capability assessment required by subsection (a)(1). ###
(d)Definitions In this section: ####
(1)The term “Airborne Hazards and Open Burn Pit Registry” means the 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). ####
(2)The term “environmental exposure” means an exposure to an open burn pit or other environmental hazard, as determined by the Secretary of Defense. ####
(3)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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  • Pub. L. 112-260
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Sec. 744
CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT TO EFFECTS OF EXPOSURE TO OPEN BURN PITS AND OTHER ENVIRONMENTAL HAZARDS
Pub. L.Pub. L. 112-260
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