Veterans' Right to Breathe Act

Bill: 115-hr-7288
Sponsor: full_name: Rep. Ruiz, Raul [D-CA-36]
Introduced: 2018-12-12
Policy area: Armed Forces and National Security
Subjects: Air quality

Cancer

Cardiovascular and respiratory health

Conflicts and wars

Fires

Hazardous wastes and toxic substances

Infectious and parasitic diseases

Military facilities and property

Military operations and strategy

Military personnel and dependents

Solid waste and recycling

Veterans' medical care
Latest action: action_date: 2018-12-12
text: Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

Summaries:
action_date: 2018-12-12
action_desc: Introduced in House
text: <p><b>Veterans' Right to Breathe Act</b></p> <p>This bill provides a presumption of service connection for certain diseases for burn pit-exposed veterans. Under a presumption of service connection, specific disabilities 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 stationed at a location where an open burn pit (an area used for burning solid waste in open air without equipment) was used while deployed on or after September 11, 2001. </p>

tv_txt: I 115th CONGRESS 2d Session H. R. 7288 IN THE HOUSE OF REPRESENTATIVES December 12, 2018 Mr. Ruiz (for himself, Mr. Castro of Texas , and Mr. Bilirakis ) introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL 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.

1. Short title This Act may be cited as the Veterans’ Right to Breathe Act . 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, while serving on active duty on or after September 11, 2001— (i) was deployed in support of a contingency operation; and (ii) during such deployment, was based or stationed at a location where an open burn pit was used. (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.