William Collins Jet Fuel Exposure Recognition Act
Bill: H.R.3852 | Sponsor: Rep. Spanberger, Abigail Davis (D-VA)
Policy area: Armed Forces and National Security

Summary:
William Collins Jet Fuel Exposure Recognition Act
This bill requires the Department of Veterans Affairs (VA), for purposes of wartime disability compensation and VA health care, to presume that covered veterans were exposed to toxic substances, chemicals, and airborne hazards during military service, unless there is affirmative evidence that the veterans were not exposed to such substances in connection with their service. Under the bill, covered veterans are those who worked for a cumulative period of at least two years in active service in a military occupational specialty that involved consistent exposure to jet fuel.
In adjudicating claims for compensation for a service-connected disability related to jet fuel exposure with evidence of a disability and a presumption of toxic exposure during active service, the VA must (1) provide a medical examination and request a medical opinion for service-connection; and (2) direct the medical provider to consider the exposure of the veteran to toxic substances during all military deployments and the synergistic effect of all combined toxic substances through inhalation, dermal exposure, and ingestion.
Every other year for a period of eight years, the VA must make publicly available a report related to the effect of jet fuel used by the Armed Forces on the health of individuals. In evaluating claims for compensation for service-connected disabilities, the VA must take into consideration the findings of such reports.

To amend title 38, United States Code, to provide for a presumption of 
  toxic exposure for certain veterans who, while serving in the Armed 
 Forces, were consistently exposed to jet fuel, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``William Collins Jet Fuel Exposure 
Recognition Act''.

SEC. 2. PRESUMPTIONS OF TOXIC EXPOSURE.

    (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. Presumptions of toxic exposure
    ``(a) In General.--The Secretary shall, for purposes of section 
1110 and chapter 17 of this title, presume that any covered veteran was 
exposed to toxic substances, chemicals, and airborne hazards during the 
service of the covered veteran, unless there is affirmative evidence to 
establish that the covered veteran was not exposed to any such 
substances, chemicals, or hazards in connection with such service.
    ``(b) Adjudication of Claims.--If a covered veteran submits to the 
Secretary a claim for compensation for a service-connected disability 
related to jet fuel exposure under section 1110 of this title with 
evidence of a disability and a presumption of toxic exposure under 
subsection (a) that occurred during active military, naval, or air 
service, the Secretary shall, in adjudicating such claim--
            ``(1) provide a medical examination and request a medical 
        opinion for service connection; and
            ``(2) direct a medical provider providing such a medical 
        examination to consider--
                    ``(A) the exposure of the veteran to toxic 
                substances during all military deployments; and
                    ``(B) the synergistic effect of all combined toxic 
                substances through inhalation, dermal exposure, and 
                ingestion.
    ``(c) Covered Veteran.--The term `covered veteran' means any 
veteran who, while serving in the active military, naval, or air 
service, worked for a cumulative period of at least two years in a 
military occupational specialty that involved consistent exposure to 
jet fuel.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 is amended by inserting after the item relating to section 
1118 the following new item:

``1119. Presumptions of toxic exposure.''.
    (c) Biennial Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and biennially thereafter during the 
        subsequent eight-year period, the Secretary of Veterans Affairs 
        shall submit to the Committees on Veterans' Affairs of the 
        Senate and House of Representatives, and make publicly 
        available, a report that includes--
                    (A) a discussion of the effect of various different 
                types of jet fuels used by the Armed Forces on the 
                health of individuals by length of exposure;
                    (B) an identification of the immediate symptoms of 
                jet fuel exposure that may indicate future health 
                risks;
                    (C) a chronology of health safeguards implemented 
                by the Armed Forces intended to reduce the exposure of 
                members of the Armed Foces to jet fuel; and
                    (D) an identification of any areas relating to jet 
                fuel exposure about which new research needs to be 
                done.
            (2) Use of findings.--In evaluating claims for compensation 
        for service-connected disabilities submitted by veterans who 
        were exposed to jet fuel, the Secretary shall take into 
        consideration the findings of the reports under this 
        subsection.
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