Title: Protection for Veterans’ Burn Pit Exposure Act of 2019
Policy area: Armed Forces and National Security

Summary:
Protection for Veterans' Burn Pit Exposure Act of 2019
This bill requires the Department of Veterans Affairs (VA) to make a determination, after receipt of a study by the National Academies of Sciences, Engineering, and Medicine (NASEM) titled Respiratory Health Effects of Airborne Hazards Exposures in the Southwest Asia Theater of Military Operations, on whether a positive association exists between (1) the exposure of humans to toxic airborne chemicals and fumes caused by open air burn pits (areas used for burning solid waste in open air without equipment) and other airborne hazards, and (2) the occurrence of a diagnosed illness in humans.
Upon determination of a positive association, the VA must prescribe regulations providing that (1) a presumption of service-connection is warranted for certain illnesses manifesting in certain time frames, and (2) covered veterans shall be presumed to have been exposed to toxic airborne chemicals caused by open burn pits unless conclusive evidence proves otherwise. Covered veterans are veterans who were deployed on or after September 11, 2001, in support of a contingency operation and based at a location where an open burn pit was used.
If the VA determines a presumption of service-connection is not warranted, a notice must be published and include an explanation of the basis for the determination. The bill also requires the VA to remove previous presumptions if evidence indicates such presumption is not warranted.
The Department of Defense must provide NASEM with access to information it requests for the study on Respiratory Health Effects of Airborne Hazards Exposures in the Southwest Asia Theater of Military Operations.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4086 Introduced in House (IH)]

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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 determined 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 associated with open burn pits, 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 ``Protection for Veterans' Burn Pit 
Exposure Act of 2019''.

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 airborne 
                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.
            (3) Presumption.--If the Secretary determines that a 
        positive association exists between exposure and a diagnosed 
        illness pursuant to paragraph (1), the Secretary shall 
        prescribe regulations providing that--
                    (A) a presumption of service connection is 
                warranted for the illness covered by that determination 
                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 presumed 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 exposed to 
                        toxic airborne chemicals and fumes caused by 
                        open burn pits in the course of service in the 
                        Armed Forces described 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 Veterans' Affairs of the House of 
        Representatives and the Senate an explanation of such 
        determination.
    (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 established 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.
            (2) Final regulations.--Not later than 180 days after the 
        date on which the Secretary issues any proposed regulations 
        under this subsection, the Secretary shall prescribe final 
        regulations. Such regulations shall be effective on the date of 
        issuance.
            (3) Presumption not warranted.--
                    (A) Publication.--If the Secretary determines under 
                subsection (a) that a presumption of service connection 
                is not warranted for an illness, or proposes to remove 
                a previously established presumption, the Secretary 
                shall publish in the Federal Register a notice of that 
                determination not later than 180 days after making the 
                determination. The notice shall include an explanation 
                of the evidence and scientific basis for that 
                determination.
                    (B) Removal of previous presumption.--If an illness 
                already presumed to be service connected under this 
                section is subject to a notice published under 
                subparagraph (A), the Secretary shall issue proposed 
                regulations removing the presumption for the illness 
                not later than 180 days after publication of such 
                notice.
            (4) Effect of removal.--Whenever the presumption of service 
        connection for an illness under this section is removed under 
        this subsection--
                    (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 continue to be 
                entitled to receive dependency and indemnity 
                compensation on that basis.
    (c) Effective Date of Benefit Awards.--The effective date of any 
benefit awarded by reason of this section shall be determined in 
accordance with section 5110 of title 38, United States Code, but shall 
in no case be earlier than the effective date of the final regulations 
prescribed pursuant to subsection (b)(2).
    (d) Definitions.--In this section:
            (1) The term ``covered study'' includes--
                    (A) the study conducted by the National Academies 
                of Sciences, Engineering, and Medicine titled 
                ``Respiratory Health Effects of Airborne 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 veteran who, on or 
        after September 11, 2001--
                    (A) was deployed in support of a contingency 
                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 Defense to be 
                used for disposing of solid waste by burning in the 
                outdoor air; and
                    (B) does not contain a commercially manufactured 
                incinerator or other equipment specifically designed 
                and manufactured for the burning 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 Department 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.
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