SEC. 2. PRESUMPTIONS OF SERVICE CONNECTION FOR ILL-
NESSES 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: 
‘‘§ 1119. Presumptions of service connection for ill-
nesses 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 in-
curred in or aggravated by covered service, notwith-
standing 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 di-
agnosed or undiagnosed illness that— 
‘‘(A) the Secretary determines in regulations 
prescribed under this section to warrant a presump-
tion of service connection by reason of having a posi-
tive 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 vet-
eran. 
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‘‘(3) For purposes of this subsection, a covered vet-
eran who has an illness described in paragraph (2) shall 
be presumed to have been exposed to toxic airborne chemi-
cals 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 de-
termine 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 ill-
ness in humans or animals and exposure to toxic airborne 
chemicals and fumes caused by open burn pits shall be 
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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 connec-
tion 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 war-
ranted 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 con-
nected under this section is subject to a determination 
under subparagraph (A), the Secretary shall issue pro-
posed 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. 
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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 sub-
section— 
‘‘(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 con-
tinue to be entitled to receive dependency and in-
demnity compensation on that basis. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered veteran’ means a vet-
eran who, on or after September 11, 2001— 
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‘‘(A) was deployed in support of a contin-
gency 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 De-
fense to be used for disposing of solid waste by 
burning in the outdoor air; and 
‘‘(B) does not contain a commercially man-
ufactured incinerator or other equipment spe-
cifically 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 
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to be known as the ‘‘Open Burn Pit Advisory Commis-
sion’’ (in this section referred to as the ‘‘Commission’’). 
(b) DUTIES OF COMMISSION.—The Commission shall 
make recommendations to the Secretary of Veterans Af-
fairs regarding what illnesses have positive associations 
with exposure to toxic airborne chemicals and fumes 
caused by open burn pits. In making such recommenda-
tions, 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 Depart-
ment of Veterans Affairs, dated April 26, 2010, ti-
tled ‘‘Training Letter 10–03 Environmental Hazards 
in Iraq, Afghanistan, and Other Military Installa-
tions’’. 
(3) The report issued by the National Acad-
emies of Sciences, Engineering, and Medicine on Oc-
tober 31, 2011, titled ‘‘Long-Term Health Con-
sequences of Exposure to Burn Pits in Iraq and Af-
ghanistan’’. 
(4) The report issued by the National Acad-
emies of Sciences, Engineering, and Medicine on 
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February 28, 2017, titled ‘‘Assessment of the De-
partment 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 Com-
mission shall be composed of 15 members appointed 
by the Comptroller of the United States. 
(2) QUALIFICATIONS.— 
(A) RESEARCH.—The Comptroller shall se-
lect 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 
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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 Com-
mission shall be filled in the manner in which 
the original appointment was made. Any mem-
ber appointed to fill a vacancy occurring before 
the expiration of the term for which the mem-
ber’s predecessor was appointed shall be ap-
pointed only for the remainder of that term. A 
member may serve after the expiration of that 
member’s term until a successor has taken of-
fice. 
(4) BASIC PAY.— 
(A) RATES
OF
PAY.—Members shall be 
paid at a rate equal to level IV of the Executive 
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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 em-
ployee of the United States may receive addi-
tional 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 des-
ignate a member of the Commission as the Chair-
person of the Commission at the time of appoint-
ment, 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 
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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 per-
sonnel as may be necessary to carry out its du-
ties; 
(B) seek such assistance and support as 
may be required in the performance of its du-
ties from appropriate Federal departments and 
agencies; 
(C) enter into contracts or make other ar-
rangements, as may be necessary for the con-
duct of the work of the Commission; 
(D) make advance, progress, and other 
payments that relate to the work of the Com-
mission; 
(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 in-
ternal organization and operation of the Com-
mission. 
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(2) HEARINGS AND SESSIONS.—The Commis-
sion may administer oaths or affirmations to wit-
nesses 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 Com-
mission is authorized to take by this section. 
(B) OBTAINING OFFICIAL DATA.—(i) The 
Commission may secure directly from any de-
partment or agency of the United States infor-
mation 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 experi-
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mentation, when existing information is in-
adequate; 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 ACAD-
EMY OF MEDICINE.—The Commission may di-
rect the President of the National Academy of 
Medicine to conduct studies of illnesses de-
scribed 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 delib-
erations, records, and data of the Commission, im-
mediately upon request. 
(2) AUDIT.—The Commission shall be subject 
to periodic audit by the Comptroller General. 
(f) REPORTS.— 
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(1) REPORTS
ON
RECOMMENDATIONS.—The 
Commission shall submit to the Secretary of Vet-
erans 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 air-
borne chemicals and fumes caused by open burn 
pits, the Commission shall include an explanation of 
the evidence and scientific basis for such rec-
ommendation. 
(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 fol-
lowing with regards to the preceding year: 
(A) Recommendations made by the Com-
mission 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. 
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(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 speci-
fied 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 ill-
ness described in subparagraph (B) of para-
graph (2). 
Æ 
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