I 
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 deter-
mined 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 associ-
ated with open burn pits, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protection for Vet-
erans’ Burn Pit Exposure Act of 2019’’. 
VerDate Sep 11 2014 
21:57 Aug 14, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4086.IH
H4086
kjohnson on DSK79L0C42 with BILLS
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 air-
borne 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. 
VerDate Sep 11 2014 
21:57 Aug 14, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4086.IH
H4086
kjohnson on DSK79L0C42 with BILLS
(3) PRESUMPTION.—If the Secretary deter-
mines that a positive association exists between ex-
posure and a diagnosed illness pursuant to para-
graph (1), the Secretary shall prescribe regulations 
providing that— 
(A) a presumption of service connection is 
warranted for the illness covered by that deter-
mination 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 pre-
sumed 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 ex-
posed to toxic airborne chemicals and 
fumes caused by open burn pits in the 
course of service in the Armed Forces de-
scribed 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 
VerDate Sep 11 2014 
21:57 Aug 14, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4086.IH
H4086
kjohnson on DSK79L0C42 with BILLS
Veterans’ Affairs of the House of Representatives 
and the Senate an explanation of such determina-
tion. 
(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 es-
tablished 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. 
VerDate Sep 11 2014 
21:57 Aug 14, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4086.IH
H4086
kjohnson on DSK79L0C42 with BILLS
cine titled ‘‘Respiratory Health Effects of Air-
borne 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 vet-
eran who, on or after September 11, 2001— 
(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. 
(3) 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 manu-
factured incinerator or other equipment specifi-
VerDate Sep 11 2014 
21:57 Aug 14, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4086.IH
H4086
kjohnson on DSK79L0C42 with BILLS
cally designed and manufactured for the burn-
ing 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 De-
partment 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. 
Æ 
VerDate Sep 11 2014 
21:57 Aug 14, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H4086.IH
H4086
kjohnson on DSK79L0C42 with BILLS