[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6582 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6582

  To amend title 38, United States Code, to establish presumptions of 
  service connection for illnesses associated with open burn pits, to 
direct the Comptroller of the United States to establish the Open Burn 
            Pit Advisory Commission, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2018

Mr. Bilirakis (for himself, Mr. Ruiz, Mr. Welch, and Mr. Young of Iowa) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to establish presumptions of 
  service connection for illnesses associated with open burn pits, to 
direct the Comptroller of the United States to establish the Open Burn 
            Pit Advisory Commission, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protection for Veterans' Burn Pit 
Exposure Act of 2018''.

SEC. 2. PRESUMPTIONS OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED 
              WITH OPEN BURN PITS.

    (a) In General.--Subchapter II of chapter 11 of title 38, United 
States Code, is amended by adding after section 1118 the following new 
section:
``Sec. 1119. Presumptions of service connection for illnesses 
              associated with exposure to open burn pits
    ``(a) Establishment.--(1) For purposes of section 1110 of this 
title, and subject to section 1113 of this title, each illness 
described in paragraph (2) becoming manifest in a covered veteran shall 
be considered to have been incurred in or aggravated by covered 
service, notwithstanding that there is no record of evidence of such 
illness in the covered veteran during the period of covered service.
    ``(2) An illness described in this paragraph is any diagnosed or 
undiagnosed illness that--
            ``(A) the Secretary determines in regulations prescribed 
        under this section to warrant a presumption of service 
        connection by reason of having a positive association with 
        exposure to toxic airborne chemicals and fumes caused by open 
        burn pits; and
            ``(B) becomes manifest within the period, if any, 
        prescribed in such regulations in a covered veteran.
    ``(3) For purposes of this subsection, a covered veteran who has an 
illness described in paragraph (2) shall be presumed to have been 
exposed to toxic airborne chemicals and fumes caused by open burn pits 
unless there is conclusive evidence to establish that the covered 
veteran was not exposed to toxic airborne chemicals and fumes caused by 
open burn pits in the course of covered service.
    ``(b) Determinations.--(1) The Secretary shall determine whether a 
positive association exists between--
            ``(A) the exposure of humans or animals to a burn pit; and
            ``(B) the occurrence of a diagnosed or undiagnosed illness 
        in humans or animals.
    ``(2) In making determinations under this subsection, the Secretary 
shall take into account any report from the Open Burn Pit Advisory 
Commission.
    ``(3) In evaluating a report for the purpose of making a 
determination under this subsection, the Secretary shall take into 
consideration whether the results--
            ``(A) are statistically significant;
            ``(B) are capable of replication; and
            ``(C) withstand peer review.
    ``(4) An association between the occurrence of an illness in humans 
or animals and exposure to toxic airborne chemicals and fumes caused by 
open burn pits shall be considered to be positive for purposes of this 
subsection if the credible evidence for the association is equal to or 
outweighs the credible evidence against the association.
    ``(5) Not later than 60 days after receiving a report from the Open 
Burn Pit Advisory Commission regarding an illness, the Secretary shall 
make a determination under this subsection regarding that illness.
    ``(c) Regulations.--(1) If the Secretary determines under 
subsection (b) that a presumption of service connection is warranted 
for an illness, the Secretary shall issue proposed regulations setting 
forth the determination not later than 60 days after making the 
determination.
    ``(2)(A) If the Secretary determines under subsection (b) that a 
presumption of service connection is not warranted for an illness 
described in subsection (a)(2), the Secretary shall publish in the 
Federal Register a notice of that determination not later than 60 days 
after making the determination. The notice shall include an explanation 
of the evidence and scientific basis for that determination.
    ``(B) If an illness already presumed to be service connected under 
this section is subject to a determination under subparagraph (A), the 
Secretary shall issue proposed regulations removing the presumption for 
the illness not later than 60 days after publication of the notice of a 
determination that the presumption is not warranted. The notice shall 
include an explanation of the evidence and scientific basis for that 
determination.
    ``(3) Not later than 90 days after the date on which the Secretary 
issues any proposed regulations under this subsection, the Secretary 
shall issue final regulations. Such regulations shall be effective on 
the date of issuance.
    ``(4) Whenever the presumption of service connection for an illness 
under this section is removed under this subsection--
            ``(A) a veteran who was awarded compensation for the 
        illness on the basis of the presumption before the effective 
        date of the removal of the presumption shall continue to be 
        entitled to receive compensation on that basis; and
            ``(B) a survivor of a veteran who was awarded dependency 
        and indemnity compensation for the death of a veteran resulting 
        from the illness on the basis of the presumption before that 
        date shall continue to be entitled to receive dependency and 
        indemnity compensation on that basis.
    ``(d) Definitions.--In this section:
            ``(1) The term `covered veteran' means a veteran who, on or 
        after September 11, 2001--
                    ``(A) was deployed in support of a contingency 
                operation while serving in the Armed Forces; and
                    ``(B) during such deployment, was based or 
                stationed at a location where an open burn pit was 
                used.
            ``(2) The term `open burn pit' means an area of land that--
                    ``(A) is designated by the Secretary of Defense to 
                be used for disposing of solid waste by burning in the 
                outdoor air; and
                    ``(B) does not contain a commercially manufactured 
                incinerator or other equipment specifically designed 
                and manufactured for the burning of solid waste.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to item 
1118 the following new item:

``1119. Presumptions of service connection for illnesses associated 
                            with exposure to open burn pits.''.

SEC. 3. OPEN BURN PIT ADVISORY COMMISSION.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall establish a commission to be known as the ``Open Burn Pit 
Advisory Commission'' (in this section referred to as the 
``Commission'').
    (b) Duties of Commission.--The Commission shall make 
recommendations to the Secretary of Veterans Affairs regarding what 
illnesses have positive associations with exposure to toxic airborne 
chemicals and fumes caused by open burn pits. In making such 
recommendations, the Commission shall consider the following:
            (1) Whether each illness specified in section 1112 of title 
        38, United States Code, has a positive association with 
        exposure to toxic airborne chemicals and fumes caused by open 
        burn pits.
            (2) The letter issued by the Director of the Compensation 
        and Pension Service of the Department of Veterans Affairs, 
        dated April 26, 2010, titled ``Training Letter 10-03 
        Environmental Hazards in Iraq, Afghanistan, and Other Military 
        Installations''.
            (3) The report issued by the National Academies of 
        Sciences, Engineering, and Medicine on October 31, 2011, titled 
        ``Long-Term Health Consequences of Exposure to Burn Pits in 
        Iraq and Afghanistan''.
            (4) The report issued by the National Academies of 
        Sciences, Engineering, and Medicine on February 28, 2017, 
        titled ``Assessment of the Department of Veterans Affairs 
        Airborne Hazards and Open Burn Pit Registry''.
            (5) Information submitted by a veterans service 
        organization.
            (6) Sound medical and scientific information, reports, or 
        analyses available to the Commission that--
                    (A) are statistically significant;
                    (B) are capable of replication; and
                    (C) withstand peer review.
    (c) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of 15 members appointed by the Comptroller of the 
        United States.
            (2) Qualifications.--
                    (A) Research.--The Comptroller shall select members 
                from the medical community who have distinguished 
                backgrounds in biomedical, scientific, or 
                epidemiological research.
                    (B) Experience with veterans or members of the 
                armed forces.--A majority of the members shall be 
                veterans, members of the Armed Forces, or have 
                experience providing health care to veterans or members 
                of the Armed Forces.
                    (C) Prohibition on eligibility for benefits related 
                to exposure to open burn pits.--No member may be 
                eligible for any benefit under section 1110 of title 
                38, United States Code, pursuant to regulations 
                prescribed by the Secretary of Veterans Affairs under 
                section 1119 of such title.
            (3) Terms.--
                    (A) In general.--Each member shall be appointed for 
                renewable three-year terms.
                    (B) Vacancies.--A vacancy in the Commission shall 
                be filled in the manner in which the original 
                appointment was made. Any member appointed to fill a 
                vacancy occurring before the expiration of the term for 
                which the member's predecessor was appointed shall be 
                appointed only for the remainder of that term. A member 
                may serve after the expiration of that member's term 
                until a successor has taken office.
            (4) Basic pay.--
                    (A) Rates of pay.--Members shall be paid at a rate 
                equal to level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code.
                    (B) Prohibition of compensation of federal 
                employees.--No member of the Commission who is a full-
                time officer or employee of the United States may 
                receive additional pay, allowances, or benefits by 
                reason of service on the Commission.
            (5) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter 1 of 
        chapter 57 of title 5, United States Code.
            (6) Quorum.--A majority of members of the Commission shall 
        constitute a quorum but a lesser number may hold hearings.
            (7) Chairperson.--The Comptroller shall designate a member 
        of the Commission as the Chairperson of the Commission at the 
        time of appointment, for the initial term of that member.
            (8) Meetings.--The Commission shall meet at the call of the 
        Chairperson.
    (d) Powers of Commission.--
            (1) In general.--Subject to such review as the Comptroller 
        General deems necessary to assure the efficient administration 
        of the Commission, the Commission may--
                    (A) employ and fix the compensation of an Executive 
                Director (subject to the approval of the Comptroller 
                General) and such other personnel as may be necessary 
                to carry out its duties;
                    (B) seek such assistance and support as may be 
                required in the performance of its duties from 
                appropriate Federal departments and agencies;
                    (C) enter into contracts or make other 
                arrangements, as may be necessary for the conduct of 
                the work of the Commission;
                    (D) make advance, progress, and other payments that 
                relate to the work of the Commission;
                    (E) provide transportation and subsistence to 
                persons serving the Commission without compensation; 
                and
                    (F) prescribe such rules and regulations as it 
                determines necessary with respect to the internal 
                organization and operation of the Commission.
            (2) Hearings and sessions.--The Commission may administer 
        oaths or affirmations to witnesses appearing before it. Any 
        such hearing shall be open to the public.
            (3) Powers of members and agents.--
                    (A) In general.--Any member or agent of the 
                Commission may, if authorized by the Commission, take 
                any action which the Commission is authorized to take 
                by this section.
                    (B) Obtaining official data.--(i) The Commission 
                may secure directly from any department or agency of 
                the United States information necessary to enable it to 
                carry out this section. Upon request of the Chairperson 
                of the Commission, the head of that department or 
                agency shall furnish that information to the 
                Commission.
                    (ii) In order to carry out its functions, the 
                Commission shall--
                            (I) utilize existing information, both 
                        published and unpublished, when possible, 
                        collected and assessed either by its own staff 
                        or under other arrangements;
                            (II) carry out, or award grants or 
                        contracts for, original research and 
                        experimentation, when existing information is 
                        inadequate; and
                            (III) adopt procedures allowing any 
                        interested party to submit information for the 
                        Commission's use in making reports and 
                        recommendations.
                    (C) Direction to the national academy of 
                medicine.--The Commission may direct the President of 
                the National Academy of Medicine to conduct studies of 
                illnesses described in subsection (b).
                    (D) Expenditures.--The Commission may make such 
                expenditures for services and materials for the purpose 
                of carrying out this section as the Commission 
                considers advisable from funds appropriated for that 
                purpose.
    (e) Oversight.--
            (1) Access to records.--The Comptroller General shall have 
        unrestricted access to all deliberations, records, and data of 
        the Commission, immediately upon request.
            (2) Audit.--The Commission shall be subject to periodic 
        audit by the Comptroller General.
    (f) Reports.--
            (1) Reports on recommendations.--The Commission shall 
        submit to the Secretary of Veterans Affairs and to Congress a 
        report regarding each recommendation under subsection (b) not 
        later than 90 days after making such recommendation. In any 
        such report that includes a recommendation that the Secretary 
        determine that an illness does not have positive association 
        with exposure to toxic airborne chemicals and fumes caused by 
        open burn pits, the Commission shall include an explanation of 
        the evidence and scientific basis for such recommendation.
            (2) Annual report.--The Commission shall submit to the 
        Secretary of Veterans Affairs and to Congress a report not 
        later than one year after the date of the enactment of this Act 
        and annually thereafter. Each annual report shall include the 
        following with regards to the preceding year:
                    (A) Recommendations made by the Commission under 
                subsection (b).
                    (B) A review of information described in paragraphs 
                (1) through (6) of subsection (b) that the Commission 
                has reviewed relating to illnesses for which the 
                Commission has not yet made a recommendation under that 
                subsection.
            (3) Quinquennial report.--The Commission shall submit to 
        the Secretary of Veterans Affairs and to Congress a report 
        during the fifth year after the date of the enactment of this 
        Act and every five years thereafter. Each such report shall 
        include the following:
                    (A) A summary of the information specified in 
                subparagraphs (A) and (B) of paragraph (2) with regards 
                to the preceding five years.
                    (B) An estimate of when the Commission will make a 
                recommendation regarding each illness described in 
                subparagraph (B) of paragraph (2).
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