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H.R. 3838IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 1113 · H.R. 3838

Feasibility study on Department of Defense civilians forward deployed into combat zones and toxic exposure

Division A — Department of Defense Authorizations › Title XI — Civilian Personnel › Subtitle A — General Provisions

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(a) Study required The Secretary of Defense shall conduct a feasibility study regarding the number of Department of Defense civilian employees who are forward deployed into designated combat zones and who may have been exposed to toxic substances as a result of their service. (b) Matters to be included The study shall include, at a minimum, the following: (1) The number of Department of Defense civilian employees currently forward deployed into combat zones, disaggregated by region and occupational specialty. (2) Historical data, to the extent practicable, on the number of such civilians deployed over the past 20 years. (3) The extent and nature of potential toxic exposures to Department of Defense civilians deployed into combat zones, including exposure to— (A) open-air burn pits; (B) contaminated water supplies; (C) airborne particulates; or (D) industrial or chemical hazards associated with local environments; and (E) other environmental or occupational toxins. (4) The current benefits, entitlements, and protections available to such civilians in cases of toxic exposure, including— (A) health care benefits and eligibility; (B) hazard pay and deployment allowances; (C) workers’ compensation and other occupational insurance coverages; (D) eligibility for Department of Labor’s Office of Workers’ Compensation Programs; and (E) eligibility for Department of Veterans Affairs programs (if any). (5) A comparison of benefits and entitlements provided to forward-deployed Department of Defense civilians with those provided to members of the Armed Forces for toxic exposure and related health conditions. (6) Identification of any gaps, limitations, or inconsistencies in coverage or protections between military personnel and civilian personnel. (7) The process by which Department of Defense civilians are informed of potential toxic exposure risks prior to deployment, and any post-deployment medical monitoring or surveillance programs available. (8) Data on claims submitted by Department of Defense civilians for toxic exposure-related illnesses, including approval and denial rates, and average time to adjudicate such claims. (9) The extent to which contractors performing Department of Defense missions are covered by similar or different protections compared to direct-hire civilians. (10) Recommendations for potential legislative or regulatory actions to better protect Department of Defense civilians from toxic exposures while forward deployed, and to ensure adequate long-term health care and compensation for those affected. (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the study required under subsection (a).