[Congressional Record Volume 167, Number 187 (Monday, October 25, 2021)]
[Senate]
[Pages S7342-S7344]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3869. Mrs. GILLIBRAND submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year
[[Page S7343]]
2022 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle __--Presumptive Benefits for War Fighters Exposed to Burn Pits
and Other Toxins
SEC. ___1. SHORT TITLE.
This subtitle may be cited as the ``Presumptive Benefits
for War Fighters Exposed to Burn Pits and Other Toxins Act of
2021''.
SEC. ___2. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN
DISEASES ASSOCIATED WITH EXPOSURE TO BURN PITS
AND OTHER TOXINS.
(a) In General.--Subchapter II of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1119. Presumption of service connection for certain
diseases associated with exposure to burn pits and other
toxins
``(a) Presumption of Service Connection.--(1) For the
purposes of section 1110 of this title, and subject to
section 1113 of this title, a disease specified in paragraph
(2) becoming manifest in a veteran described in paragraph (3)
shall be considered to have been incurred in or aggravated
during active military, naval, or air service,
notwithstanding that there is no record of evidence of such
disease during the period of such service.
``(2) The diseases specified in this paragraph are the
following:
``(A) Asthma that was diagnosed after service in a country
or territory for which a medal described in paragraph (3) was
awarded.
``(B)(i) Head cancer of any type.
``(ii) Neck cancer of any type.
``(iii) Respiratory cancer of any type.
``(iv) Gastrointestinal cancer of any type.
``(v) Reproductive cancer of any type.
``(vi) Lymphoma cancer of any type.
``(vii) Lymphomatic cancer of any type.
``(viii) Kidney cancer.
``(ix) Brain cancer.
``(x) Melanoma.
``(C) Chronic bronchitis.
``(D) Chronic obstructive pulmonary disease.
``(E) Constrictive bronchiolitis or obliterative
bronchiolitis.
``(F) Emphysema.
``(G) Granulomatous disease.
``(H) Interstitial lung disease.
``(I) Pleuritis.
``(J) Pulmonary fibrosis.
``(K) Sarcoidosis.
``(L) Any other disease listed under subsection (a)(2) of
section 1116 of this title or for which a presumption of
service connection is warranted pursuant to regulations
prescribed under section subsection (b)(1) of such section.
``(M) Any other disease with respect to which final
regulations have been prescribed under subsection (c)(3).
``(3) A veteran described in this paragraph is any veteran
who on or after August 2, 1990, was awarded any of the
following:
``(A) The Afghanistan Campaign Medal.
``(B) The Armed Forces Expeditionary Medal.
``(C) The Armed Forces Reserve Medal with M-device.
``(D) The Armed Forces Service Medal.
``(E) The Global War On Terrorism Expeditionary Medal.
``(F) The Inherent Resolve Campaign Medal.
``(G) The Iraqi Campaign Medal.
``(H) The Southwest Asia Service Medal.
``(b) Process to Add Diseases Through Written Petition.--
(1) In the case that the Secretary receives a written
petition from an interested party to add a disease to the
list of diseases specified in subsection (a)(2), not later
than 90 days after the date of receipt of such petition, the
Secretary shall request a determination by the National
Academies of Sciences, Engineering, and Medicine (referred to
in this section as the `National Academies') with respect to
whether there is a positive association between--
``(A) the exposure of humans to one or more covered toxins;
and
``(B) the occurrence of the disease in humans.
``(2) For purposes of this subsection, the term `interested
party' includes a representative of--
``(A) a congressionally chartered veterans service
organization;
``(B) an organization that--
``(i) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code;
``(ii) serves veterans or members of the Armed Forces; and
``(iii) has continuously operated for a period of five
years or more preceding the date of the submittal of the
written petition under paragraph (1);
``(C) a collective bargaining agent for civilian employees
of the United States Government;
``(D) a nationally recognized medical association;
``(E) the National Academies; or
``(F) a State or political subdivision of a State.
``(c) Determinations by National Academies.--(1) If the
Secretary receives a determination described in paragraph
(2), not later than 180 days after receipt of such
determination, the Secretary shall--
``(A) publish in the Federal Register proposed regulations
to add the disease covered by the determination to the list
of diseases specified in subsection (a)(2);
``(B) publish in the Federal Register, and submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives--
``(i) the decision of the Secretary not to publish such
proposed regulations; and
``(ii) the basis for such decision, including specific
medical science refuting the determination; or
``(C) publish in the Federal Register a decision that
insufficient evidence exists to take action under
subparagraph (A) or (B).
``(2) A determination described in this paragraph--
``(A) is a determination by the National Academies that
there is a positive association between--
``(i) the exposure of humans to one or more covered toxins;
and
``(ii) the occurrence of the disease in humans; and
``(B) may be made pursuant to--
``(i) a request from the Secretary under subsection (b); or
``(ii) an agreement between the Secretary and the National
Academies under section ___3 of the Presumptive Benefits for
War Fighters Exposed to Burn Pits and Other Toxins Act of
2021.
``(3)(A) Not later than 180 days after the date on which
the Secretary publishes any proposed regulations under
paragraph (1)(A) for a disease, the Secretary shall prescribe
final regulations for that disease.
``(B) Such regulations shall be effective on the date of
issuance.
``(d) Reference to National Academies.--In the case that
the Secretary enters into an agreement with another
organization as described in section ___3(h)(1) of the
Presumptive Benefits for War Fighters Exposed to Burn Pits
and Other Toxins Act of 2021, any reference in this section
to the National Academies shall be treated as a reference to
the other organization.
``(e) Definitions.--In this section:
``(1) The term `covered toxin' includes the following:
``(A) Any toxic chemical or toxic fume.
``(B) Hazardous waste, mixed waste, solid waste, or used
oil (as those terms are defined in section 1004 of the Solid
Waste Disposal Act (42 U.S.C. 6903)).
``(C) Radiological waste.
``(D) Any other carcinogen.
``(2) The term `veterans service organization' means an
organization recognized by the Secretary for the
representation of veterans under section 5902 of this
title.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
take effect on the date that is 180 days after the date of
the enactment of this Act.
(2) Written petitions.--With respect to a written petition
described in section 1119(b)(1) of title 38, United States
Code, as added by subsection (a), that was received by the
Secretary of Veterans Affairs before the effective date
described in paragraph (1), the Secretary shall make a
request of the National Academies of Sciences, Engineering,
and Medicine under such section, as so added, not later than
90 days after such effective date.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 11 of title 38, United States Code, is
amended by inserting after the item relating to section 1118
the following new item:
``1119. Presumption of service connection for certain diseases
associated with exposure to burn pits and other
toxins.''.
(d) Conforming Amendment.--Section 1113 of such title is
amended by striking ``or 1118'' each place it appears and
inserting ``1118, or 1119''.
SEC. ___3. AGREEMENT WITH THE NATIONAL ACADEMIES OF SCIENCES,
ENGINEERING, AND MEDICINE CONCERNING THE
EXPOSURE OF HUMANS TO BURN PITS AND OTHER
TOXINS.
(a) Agreement.--
(1) In general.--The Secretary of Veterans Affairs shall
seek to enter into an agreement with the National Academies
of Sciences, Engineering, and Medicine (referred to in this
section as the ``National Academies'') to perform the
services covered by this section.
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 60 days
after the date of the enactment of this Act.
(b) Reviews of Scientific Evidence.--
(1) In general.--Under an agreement between the Secretary
and the National Academies, the National Academies shall
review and summarize the scientific evidence, and assess the
strength thereof, concerning the association between the
exposure of humans to covered toxins and each disease
suspected to be associated with such exposure.
(2) Reviews upon request.--Under an agreement between the
Secretary and the National Academies under this section, the
National Academies shall conduct a review described in
paragraph (1) in response to each request made by the
Secretary under section 1119(b)(1) of title 38, United States
Code, as added by section ___2(a).
[[Page S7344]]
(c) Scientific Determinations Concerning Diseases.--
(1) In general.--For each disease reviewed under subsection
(b), the National Academies shall determine (to the extent
that available scientific data permit meaningful
determinations) whether there is a positive association
between the exposure of humans to one or more covered toxins
and the occurrence of the disease in humans, taking into
account the strength of the scientific evidence and the
appropriateness of the statistical and epidemiological
methods used to detect the association.
(2) Submissions for reviews upon request.--Under an
agreement between the Secretary and the National Academies
under this section, not later than 270 days after the date on
which the Secretary transmits a request to the National
Academies with respect to a disease under section 1119(b)(1)
of title 38, United States Code, as added by section ___2(a),
the National Academies shall submit to the Secretary the
determination made with respect to that disease under
paragraph (1).
(d) Recommendations for Additional Scientific Studies.--
(1) In general.--Under an agreement between the Secretary
and the National Academies under this section, the National
Academies shall make any recommendations it has for
additional scientific studies to resolve areas of continuing
scientific uncertainty relating to the exposure of humans to
covered toxins.
(2) Considerations.--In making recommendations for
additional scientific studies, the National Academies shall
consider--
(A) the scientific information that is available at the
time of the recommendation;
(B) the value and relevance of the information that could
result from additional studies; and
(C) the feasibility of carrying out such additional
studies.
(e) Subsequent Reviews.--Under an agreement between the
Secretary and the National Academies under this section, the
National Academies shall--
(1) conduct as comprehensive a review as is practicable of
the evidence referred to in subsection (b)(1) that became
available since the last review of such evidence under this
section; and
(2) make determinations and estimates on the basis of the
results of such review and all other reviews conducted for
the purposes of this section.
(f) Reports.--
(1) Initial report.--
(A) In general.--Under an agreement between the Secretary
and the National Academies under this section, not later than
540 days after the date of the enactment of this Act, the
National Academies shall submit to the Secretary and the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the activities of the National
Academies under the agreement.
(B) Elements.--The report submitted under subparagraph (A)
shall include the following:
(i) The determinations described in subsection (c)(1).
(ii) An explanation of the scientific evidence and
reasoning that led to such determinations.
(iii) Any recommendations of the National Academies under
subsection (d).
(2) Periodic updates.--Under an agreement between the
Secretary and the National Academies under this section, not
less frequently than once every two years, the National
Academies shall submit to the Secretary and the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives an updated
report on the activities of the National Academies under the
agreement.
(g) Limitation on Authority.--The authority to enter into
agreements under this section shall be effective for a fiscal
year to the extent that appropriations are available.
(h) Alternative Contract Scientific Organization.--
(1) In general.--If the Secretary is unable within the
period prescribed in subsection (a)(2) to enter into an
agreement with the National Academies on terms acceptable to
the Secretary, the Secretary shall seek to enter into such an
agreement with another appropriate scientific organization
that--
(A) is not part of the Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that of the
National Academies.
(2) Treatment.--If the Secretary enters into an agreement
with another organization as described in paragraph (1), any
reference in this section, section 4, and section 1119 of
title 38, United States Code, as added by section ___2(a), to
the National Academies shall be treated as a reference to the
other organization.
(i) Covered Toxin Defined.--In this section, the term
``covered toxin'' has the meaning given that term in section
1119(e) of title 38, United States Code, as added by section
___2(a).
(j) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Veterans Affairs such
sums as may be necessary to carry out this section.
SEC. ___4. ACCESS OF THE NATIONAL ACADEMIES OF SCIENCES,
ENGINEERING, AND MEDICINE TO INFORMATION FROM
FEDERAL AGENCIES.
(a) In General.--Upon request by the National Academies of
Sciences, Engineering, and Medicine (referred to in this
section as the ``National Academies''), the head of any
Federal agency with relevant information shall provide to the
National Academies information in the possession of the
agency that the National Academies determines useful in
conducting a review under section ___3(b).
(b) Federal Agency Defined.--In this section, the term
``Federal agency'' means any agency as that term is defined
in section 551 of title 5, United States Code.
SEC. ___5. PRESUMPTION RELATING TO PERSONAL INJURY OF CERTAIN
FEDERAL EMPLOYEES.
(a) In General.--Section 8102 of title 5, United States
Code, is amended by adding at the end the following:
``(c)(1) In this subsection, the term `covered employee'
means an employee of the Department of State, the Department
of Defense, or an element of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)) who, on or after August 2, 1990, carried out
the job responsibilities of the employee for not fewer than
30 total days in a country or territory while the United
States was conducting a contingency operation (as defined in
section 101 of title 10) in that country or territory.
``(2) Disability or death from a disease described in
paragraph (2) of such section suffered by a covered employee
is deemed to have resulted from personal injury sustained
while in the performance of the duty of the covered employee,
whether or not the covered employee was engaged in the course
of employment when the disability or disability resulting in
death occurred.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 180 days after the date
of enactment of this Act.
(c) Rule of Construction.--Subsection (c) of section 8102
of such title, as added by subsection (a), shall not be
construed to apply to a contractor of a Federal department or
agency.
______