Certain diseases deemed to be proximately caused by employment for Federal employees exposed to toxic burn pits

(a)

Establishment of presumption

Subchapter I of chapter 81 of title 5, United States Code, is amended by inserting after section 8143b the following:

8143c.

Employees exposed to burn pits and toxic hazards in foreign contingency operations

(a)

Definitions

In this section: (1)

Contingency operation

The term contingency operation has the meaning given the term in section 101 of title 10. (2)

Eligible employee

The term eligible employee means an employee of the Department of Justice, the Department of State, the Department of Defense, the Department of the Treasury, the Department of Agriculture, the Department of Commerce, the Department of Homeland Security, or an element of the intelligence community, or a Federal law enforcement officer, who, on or after August 2, 1990, carried out the job responsibilities of that employee for not fewer than 30 total days in a country or territory while the United States was conducting a contingency operation in that country or territory. (3)

Federal law enforcement officer

The term Federal law enforcement officer has the meaning given to the term in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 (34 U.S.C. 50301). (4)

Intelligence community

The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (5)

Open burn pit

The term open burn pit has the meaning given the term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (38 U.S.C. 527 note). (b)

Presumption of employment connection for certain diseases associated with exposure to burn pits and other toxins

For a claim under this subchapter of disability or death of an eligible employee, a disease specified on the list established under subsection (c), as updated under that subsection, shall be deemed to have been incurred in or aggravated during the employment of that eligible employee, notwithstanding that there is no record of evidence of such disease during the period of such employment. (c)

List of diseases deemed proximately caused by employment

(1)

Establishment of initial list

There is established under this section a list of diseases that aligns with the diseases specified in section 1120(b) of title 38, including all diseases with respect to which the Secretary of Veterans Affairs prescribed regulations in the manner described in paragraph (15) of such section 1120(b) before the date of enactment of this section. (2)

Additions to list

(A)

Limitation

On and after the date of enactment of this section, a disease may not be added to the list established under paragraph (1) unless the Secretary of Veterans Affairs adds that disease to the list under section 1120(b) of title 38 pursuant to regulations described in paragraph (15) of such section 1120(b). (B)

Application

Not later than 90 days after the date that the Secretary of Veterans Affairs finalizes regulations described in subparagraph (A), the Secretary of Labor shall, by direct final rule, add the same disease to the list established under paragraph (1). (3)

Maintenance by secretary of labor

The Secretary of Labor shall maintain the list established and updated under this subsection.

(b)

Clerical amendment

The table of sections for subchapter I of chapter 81 of title 5, United States Code, is amended by inserting after the item relating to section 8143b the following:

8143c. Employees exposed to burn pits and toxic hazards in foreign contingency operations.

(c)

Application

The amendments made by this section shall apply to a claim for compensation filed on or after the date of enactment of this Act. (d)

Report on implementation

Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Education and Workforce of the House of Representatives a report on the progress of implementing this Act and the amendments made by this Act, including the number of individuals who are eligible employees, as defined in section 8143c(a) of title 5, United States Code, as added by subsection (a) of this section.