Veterans’ Right to Breathe Act
Bill: H.R.2371 | Sponsor: Rep. Ruiz, Raul (D-CA)
Policy area: Armed Forces and National Security

Summary:
Veterans' Right to Breathe Act
This bill provides a presumption of service-connection to burn pit-exposed veterans for certain diseases. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded. A burn pit-exposed veteran is a veteran who was supporting a contingency operation on or after January 1, 1990, and was stationed at a location where an open burn pit (an area used for burning solid waste in open air without equipment) was used.

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.

    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 ``Veterans' Right to Breathe Act''.

SEC. 2. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN DISEASES IN 
              VETERANS WHO WERE EXPOSED TO BURN PITS.

    (a) In General.--Section 1112 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d)(1) For the purposes of section 1110 of this title, and 
subject to the provisions of section 1113 of this title, a disease 
specified in paragraph (2) of this subsection becoming manifest in a 
burn pit-exposed veteran 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 a period of such service.
    ``(2) The diseases referred to in paragraph (1) of this subsection 
are the following:
            ``(A) Asthma.
            ``(B) Chronic bronchitis.
            ``(C) Chronic obstructive pulmonary disease.
            ``(D) Constrictive bronchiolitis.
            ``(E) Emphysema.
            ``(F) Granulomatous disease.
            ``(G) Interstitial lung disease.
            ``(H) Lung cancer.
            ``(I) Pneumonia.
    ``(3) For purposes of this subsection:
            ``(A) The term `burn pit-exposed veteran' means a veteran 
        who, on or after January 1, 1990, served as a member of the 
        Armed Forces in support of a contingency operation and was 
        based or stationed at a location where an open air burn pit was 
        in use.
            ``(B) The term `open burn pit' means an area of land 
        located that--
                    ``(i) is designated by the Secretary of Defense to 
                be used for disposing solid waste by burning in the 
                outdoor air; and
                    ``(ii) does not contain a commercially manufactured 
                incinerator or other equipment specifically designed 
                and manufactured for the burning of solid waste.
            ``(C) The term `contingency operation' has the meaning 
        given that term in section 101(a)(13) of title 10.
            ``(D) The term `solid waste' has the meaning given such 
        term in section 1004(27) of the Solid Waste Disposal Act (42 
        U.S.C. 6903(27)).''.
    (b) Effective Date.--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.
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