[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4086 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4086
To direct the Secretary of Veterans Affairs to determine presumptions
of service connection for illnesses associated with open burn pits, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2019
Mr. Bilirakis (for himself and Mr. Ruiz) introduced the following bill;
which was referred to the Committee on Veterans' Affairs, and in
addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Veterans Affairs to determine presumptions
of service connection for illnesses associated with open burn pits, 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 2019''.
SEC. 2. DETERMINATION OF PRESUMPTIONS OF SERVICE CONNECTION FOR
ILLNESSES ASSOCIATED WITH OPEN BURN PITS.
(a) In General.--
(1) Determination required.--Not later than 60 days after
the date on which the Secretary of Veterans Affairs receives
the results of a covered study, the Secretary shall make a
determination whether a positive association exists between--
(A) the exposure of humans to toxic airborne
chemicals and fumes caused by open air burn pits and
other airborne hazards; and
(B) the occurrence of a diagnosed illness in
humans.
(2) Bases of determination.--In making a determination
under paragraph (1), the Secretary shall consider--
(A) whether the evidence is statistically
significant, capable of replication, and able to
withstand peer review demonstrating that there is
positive association between the exposure and the
occurrence of a diagnosed illness;
(B) the results of a covered study; and
(C) all other sound medical and scientific evidence
available to the Secretary.
(3) Presumption.--If the Secretary determines that a
positive association exists between exposure and a diagnosed
illness pursuant to paragraph (1), the Secretary shall
prescribe regulations providing that--
(A) a presumption of service connection is
warranted for the illness covered by that determination
if the illness first becomes manifest within the
period, if any, prescribed in such regulations in a
covered veteran; and
(B) such covered veteran 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--
(i) the covered veteran was not exposed to
toxic airborne chemicals and fumes caused by
open burn pits in the course of service in the
Armed Forces described in subsection (c)(1); or
(ii) the illness first became manifest
prior to the covered veteran's exposure.
(4) Submission.--Upon the date on which the Secretary makes
the determination under paragraph (1), the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate an explanation of such
determination.
(b) Regulations.--
(1) Proposed regulations.--
(A) Timing.--If the Secretary determines under
subsection (a)(1) that a presumption of service
connection is warranted for an illness, the Secretary
shall, not later than 180 days after making such
determination--
(i) issue proposed regulations setting
forth the determination; or
(ii) submit the initial report under
subparagraph (B).
(B) Reports.--If the Secretary does not issue
proposed regulations by the deadline established in
subparagraph (A), the Secretary shall submit to the
Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the status
of such proposed regulations. On a quarterly basis
thereafter until the date on which the Secretary issues
such proposed regulations, the Secretary shall submit
to such committees an update on such status.
(2) Final regulations.--Not later than 180 days after the
date on which the Secretary issues any proposed regulations
under this subsection, the Secretary shall prescribe final
regulations. Such regulations shall be effective on the date of
issuance.
(3) Presumption not warranted.--
(A) Publication.--If the Secretary determines under
subsection (a) that a presumption of service connection
is not warranted for an illness, or proposes to remove
a previously established presumption, the Secretary
shall publish in the Federal Register a notice of that
determination not later than 180 days after making the
determination. The notice shall include an explanation
of the evidence and scientific basis for that
determination.
(B) Removal of previous presumption.--If an illness
already presumed to be service connected under this
section is subject to a notice published under
subparagraph (A), the Secretary shall issue proposed
regulations removing the presumption for the illness
not later than 180 days after publication of such
notice.
(4) Effect of removal.--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.
(c) Effective Date of Benefit Awards.--The effective date of any
benefit awarded by reason of this section shall be determined in
accordance with section 5110 of title 38, United States Code, but shall
in no case be earlier than the effective date of the final regulations
prescribed pursuant to subsection (b)(2).
(d) Definitions.--In this section:
(1) The term ``covered study'' includes--
(A) the study conducted by the National Academies
of Sciences, Engineering, and Medicine titled
``Respiratory Health Effects of Airborne Hazards
Exposures in the Southwest Asia Theater of Military
Operations''; and
(B) any subsequent study conducted by the National
Academies of Sciences, Engineering, and Medicine
regarding the effects of exposure of humans to toxic
airborne chemicals and fumes caused by open air burn
pits and other airborne hazards.
(2) 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.
(3) 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.
SEC. 3. ACCESS OF THE NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE TO INFORMATION FROM THE DEPARTMENT OF DEFENSE.
Upon request by the National Academies of Sciences, Engineering,
and Medicine (in this section referred to as the ``Academies''), the
Secretary of Defense shall provide to the Academies information in the
possession of the Department of Defense that the Academies determine
useful in performing a covered study, as that term is defined in
section 2(d). Such information includes, at a minimum, all
environmental sampling data relative to any location included in the
study.
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