I 

115TH CONGRESS 

2D SESSION H. R. 7288 

To amend title 38, United States Code, to provide for a presumption of 

service connection for certain diseases in veterans who were exposed 

to burn pits. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2018 

Mr. RUIZ (for himself, Mr. CASTRO of Texas, and Mr. BILIRAKIS) introduced 

the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide for a 

presumption of service connection for certain diseases 

in veterans who were exposed to burn pits. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans’ Right to 

5 Breathe Act’’. 


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1 SEC. 2. PRESUMPTION OF SERVICE CONNECTION FOR CER2 TAIN DISEASES IN VETERANS WHO WERE EX3 POSED TO BURN PITS. 

4 (a) IN GENERAL.—Section 1112 of title 38, United 

5 States Code, is amended by adding at the end the fol6 lowing new subsection: 

7 ‘‘(d)(1) For the purposes of section 1110 of this title, 

8 and subject to the provisions of section 1113 of this title, 

9 a disease specified in paragraph (2) of this subsection be10 coming manifest in a burn pit-exposed veteran shall be 

11 considered to have been incurred in or aggravated during 

12 active military, naval, or air service, notwithstanding that 

13 there is no record of evidence of such disease during a 

14 period of such service. 

15 ‘‘(2) The diseases referred to in paragraph (1) of this 

16 subsection are the following: 

17 ‘‘(A) Asthma. 

18 ‘‘(B) Chronic bronchitis. 

19 ‘‘(C) Chronic obstructive pulmonary disease. 

20 ‘‘(D) Constrictive bronchiolitis. 

21 ‘‘(E) Emphysema. 

22 ‘‘(F) Granulomatous disease. 

23 ‘‘(G) Interstitial lung disease. 

24 ‘‘(H) Lung cancer. 

25 ‘‘(I) Pneumonia. 

26 ‘‘(3) For purposes of this subsection: 


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1 ‘‘(A) The term ‘burn pit-exposed veteran’ 

2 means a veteran who, while serving on active duty 

3 on or after September 11, 2001— 

4 ‘‘(i) was deployed in support of a contin5 gency operation; and 

6 ‘‘(ii) during such deployment, was based or 

7 stationed at a location where an open burn pit 

8 was used. 

9 ‘‘(B) The term ‘open burn pit’ means an area 

10 of land located that— 

11 ‘‘(i) is designated by the Secretary of De12 fense to be used for disposing solid waste by 

13 burning in the outdoor air; and 

14 ‘‘(ii) does not contain a commercially man15 ufactured incinerator or other equipment spe16 cifically designed and manufactured for the 

17 burning of solid waste. 

18 ‘‘(C) The term ‘contingency operation’ has the 

19 meaning given that term in section 101(a)(13) of 

20 title 10. 

21 ‘‘(D) The term ‘solid waste’ has the meaning 

22 given such term in section 1004(27) of the Solid 

23 Waste Disposal Act (42 U.S.C. 6903(27)).’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the date that is 180 

3 days after the date of the enactment of this Act. 

Æ 


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