,i  #aaeth ,,congress  #b;d ,session    
,h4 ,r4 #fehb  ,,in ,,the ,,house ,,of  
,,representatives  ,july #bf1 #bjah,mr4 
,bilirakis 7for himself1 ,mr4 ,ruiz1    
,mr4 ,welch1 and ,mr4 ,young of ,iowa7  
introduced the following bill2 which was
 referred to the ,committee on          
,veterans' ,affairs  ,a ,,bill  ,to     
amend title #ch1 ,united ,states ,code1 
to establish presumptions of service    
connection for illnesses associated with
 open burn pits1 to direct the          
,comptroller of the ,united ,states to  
establish the ,open ,burn ,pit ,advisory
 ,commission1 and for other purposes4   
#a4 ,short title ,this ,act may be cited
 as the ,protection for ,veterans' ,burn
 ,pit ,exposure ,act of #bjah4  #b4     
,presumptions of service connection for 
illnesses associated with open burn pits
  7a7 ,in general ,subchapter ,,ii of   
chapter #aa of title #ch1 ,united       
,states ,code1 is amended by adding     
after section #aaah the following new   
section3  #aaai4 ,presumptions of       

service connection for illnesses        
associated with exposure to open burn   
pits  7a7 ,establishment  7#a7 ,for     
purposes of section #aaaj of this title1
 and subject to section #aaac of this   
title1 each illness described in        
paragraph 7#b7 becoming manifest in a   
covered veteran shall be considered to  
have been incurred in or aggravated by  
covered service1 notwithstanding that   
there is no record of evidence of such  
illness in the covered veteran during   
the period of covered service4  7#b7 ,an
 illness described in this paragraph is 
any diagnosed or undiagnosed illness    
that-- 7,a7 the ,secretary determines in
 regulations prescribed under this      
section to warrant a presumption of     
service connection by reason of having a
 positive association with exposure to  
toxic airborne chemicals and fumes      
caused by open burn pits2 and  7,b7     
becomes manifest within the period1 if  
any1 prescribed in such regulations in a
 covered veteran4  7#c7 ,for purposes of

 this subsection1 a covered veteran who 
has an illness described in paragraph   
7#b7 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 the covered veteran was  
not exposed to toxic airborne chemicals 
and fumes caused by open burn pits in   
the course of covered service4  7b7     
,determinations  7#a7 ,the ,secretary   
shall determine whether a positive      
association exists between-- 7,a7 the   
exposure of humans or animals to a burn 
pit2 and  7,b7 the occurrence of a      
diagnosed or undiagnosed illness in     
humans or animals4  7#b7 ,in making     
determinations under this subsection1   
the ,secretary shall take into account  
any report from the ,open ,burn ,pit    
,advisory ,commission4  7#c7 ,in        
evaluating a report for the purpose of  
making a determination under this       
subsection1 the ,secretary shall take   
into consideration whether the results--

  7,a7 are statistically significant2   
7,b7 are capable of replication2 and    
7,c7 withstand peer review4  7#d7 ,an   
association between the occurrence of an
 illness in humans or animals and       
exposure to toxic airborne chemicals and
 fumes caused by open burn pits shall be
 considered to be positive for purposes 
of this subsection if the credible      
evidence for the association is equal to
 or outweighs the credible evidence     
against the association4  7#e7 ,not     
later than #fj days after receiving a   
report from the ,open ,burn ,pit        
,advisory ,commission regarding an      
illness1 the ,secretary shall make a    
determination under this subsection     
regarding that illness4  7c7            
,regulations  7#a7 ,if the ,secretary   
determines under subsection 7b7 that a  
presumption of service connection is    
warranted for an illness1 the ,secretary
 shall issue proposed regulations       
setting forth the determination not     
later than #fj days after making the    

determination4  7#b7  7,a7 ,if the      
,secretary determines under subsection  
7b7 that a presumption of service       
connection is not warranted for an      
illness described in subsection 7a77#b71
 the ,secretary shall publish in the    
,federal ,register a notice of that     
determination not later than #fj days   
after making the determination4 ,the    
notice shall include an explanation of  
the evidence and scientific basis for   
that determination4  7,b7 ,if an illness
 already presumed to be service         
connected under this section is subject 
to a determination under subparagraph   
7,a71 the ,secretary shall issue        
proposed regulations removing the       
presumption for the illness not later   
than #fj days after publication of the  
notice of a determination that the      
presumption is not warranted4 ,the      
notice shall include an explanation of  
the evidence and scientific basis for   
that determination4  7#c7 ,not later    
than #ij days after the date on which   

the ,secretary issues any proposed      
regulations under this subsection1 the  
,secretary shall issue final            
regulations4 ,such regulations shall be 
effective on the date of issuance4  7#d7
 ,whenever the presumption of service   
connection for an illness under this    
section is removed under this           
subsection--  7,a7 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
 basis2 and  7,b7 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 basis4  7d7        
,definitions ,in this section3 7#a7 ,the
 term covered veteran means a veteran   
who1 on or after ,september #aa1 #bjja--

  7,a7 was deployed in support of a     
contingency operation while serving in  
the ,armed ,forces2 and  7,b7 during    
such deployment1 was based or stationed 
at a location where an open burn pit was
 used4  7#b7 ,the term open burn pit    
means an area of land that-- 7,a7 is    
designated by the ,secretary of ,defense
 to be used for disposing of solid waste
 by burning in the outdoor air2 and     
7,b7 does not contain a commercially    
manufactured incinerator or other       
equipment specifically designed and     
manufactured for the burning of solid   
waste4  4  7b7 ,clerical amendment ,the 
table of sections at the beginning of   
such chapter is amended by inserting    
after the item relating to item #aaah   
the following new item3  #aaai4         
,presumptions of service connection for 
illnesses associated with exposure to   
open burn pits4  4  #c4 ,open ,burn ,pit
 ,advisory ,commission  7a7             
,establishment ,not later than #ij days 
after the date of the enactment of this 

,act1 the ,comptroller ,general of the  
,united ,states shall establish a       
commission to be known as the ,open     
,burn ,pit ,advisory ,commission 7in    
this section referred to as the         
,commission74  7b7 ,duties of           
,commission ,the ,commission shall make 
recommendations to the ,secretary of    
,veterans ,affairs regarding what       
illnesses have positive associations    
with exposure to toxic airborne         
chemicals and fumes caused by open burn 
pits4 ,in making such recommendations1  
the ,commission shall consider the      
following3  7#a7 ,whether each illness  
specified in section #aaab of title #ch1
 ,united ,states ,code1 has a positive  
association with exposure to toxic      
airborne chemicals and fumes caused by  
open burn pits4  7#b7 ,the letter issued
 by the ,director of the ,compensation  
and ,pension ,service of the ,department
 of ,veterans ,affairs1 dated ,april    
#bf1 #bjaj1 titled ,training ,letter    
#aj-jc ,environmental ,hazards in ,iraq1

 ,afghanistan1 and ,other ,military     
,installations4  7#c7 ,the report issued
 by the ,national ,academies of         
,sciences1 ,engineering1 and ,medicine  
on ,october #ca1 #bjaa1 titled          
,long-,term ,health ,consequences of    
,exposure to ,burn ,pits in ,iraq and   
,afghanistan4  7#d7 ,the report issued  
by the ,national ,academies of          
,sciences1 ,engineering1 and ,medicine  
on ,february #bh1 #bjag1 titled         
,assessment of the ,department of       
,veterans ,affairs ,airborne ,hazards   
and ,open ,burn ,pit ,registry4  7#e7   
,information submitted by a veterans    
service organization4  7#f7 ,sound      
medical and scientific information1     
reports1 or analyses available to the   
,commission that--  7,a7 are            
statistically significant2  7,b7 are    
capable of replication2 and  7,c7       
withstand peer review4  7c7 ,membership 
7#a7 ,number and appointment ,the       
,commission shall be composed of #ae    
members appointed by the ,comptroller of

 the ,united ,states4  7#b7             
,qualifications  7,a7 ,research ,the    
,comptroller shall select members from  
the medical community who have          
distinguished backgrounds in biomedical1
 scientific1 or epidemiological         
research4  7,b7 ,experience with        
veterans or members of the ,armed       
,forces ,a majority of the members shall
 be veterans1 members of the ,armed     
,forces1 or have experience providing   
health care to veterans or members of   
the ,armed ,forces4  7,c7 ,prohibition  
on eligibility for benefits related to  
exposure to open burn pits ,no member   
may be eligible for any benefit under   
section #aaaj of title #ch1 ,united     
,states ,code1 pursuant to regulations  
prescribed by the ,secretary of         
,veterans ,affairs under section #aaai  
of such title4  7#c7 ,terms  7,a7 ,in   
general ,each member shall be appointed 
for renewable three-year terms4  7,b7   
,vacancies ,a vacancy in the ,commission
 shall be filled in the manner in which 

the original appointment was made4 ,any 
member appointed to fill a vacancy      
occurring before the expiration of the  
term for which the member's predecessor 
was appointed shall be appointed only   
for the remainder of that term4 ,a      
member may serve after the expiration of
 that member's term until a successor   
has taken office4  7#d7 ,basic pay  7,a7
 ,rates of pay ,members shall be paid at
 a rate equal to level ,,iv of the      
,executive ,schedule under section #ecae
 of title #e1 ,united ,states ,code4    
7,b7 ,prohibition of compensation of    
,federal employees ,no member of the    
,commission who is a full-time officer  
or employee of the ,united ,states may  
receive additional pay1 allowances1 or  
benefits by reason of service on the    
,commission4  7#e7 ,travel expenses     
,each member shall receive travel       
expenses1 including per diem in lieu of 
subsistence1 in accordance with         
applicable provisions under subchapter  
#a of chapter #eg of title #e1 ,united  

,states ,code4  7#f7 ,quorum ,a majority
 of members of the ,commission shall    
constitute a quorum but a lesser number 
may hold hearings4  7#g7 ,chairperson   
,the ,comptroller shall designate a     
member of the ,commission as the        
,chairperson of the ,commission at the  
time of appointment1 for the initial    
term of that member4  7#h7 ,meetings    
,the ,commission shall meet at the call 
of the ,chairperson4  7d7 ,powers of    
,commission  7#a7 ,in general ,subject  
to such review as the ,comptroller      
,general deems necessary to assure the  
efficient administration of the         
,commission1 the ,commission may--  7,a7
 employ and fix the compensation of an  
,executive ,director 7subject to the    
approval of the ,comptroller ,general7  
and such other personnel as may be      
necessary to carry out its duties2  7,b7
 seek such assistance and support as may
 be required in the performance of its  
duties from appropriate ,federal        
departments and agencies2  7,c7 enter   

into contracts or make other            
arrangements1 as may be necessary for   
the conduct of the work of the          
,commission2  7,d7 make advance1        
progress1 and other payments that relate
 to the work of the ,commission2  7,e7  
provide transportation and subsistence  
to persons serving the ,commission      
without compensation2 and  7,f7         
prescribe such rules and regulations as 
it determines necessary with respect to 
the internal organization and operation 
of the ,commission4  7#b7 ,hearings and 
sessions ,the ,commission may administer
 oaths or affirmations to witnesses     
appearing before it4 ,any such hearing  
shall be open to the public4  7#c7      
,powers of ,members and agents  7,a7 ,in
 general ,any member or agent of the    
,commission may1 if authorized by the   
,commission1 take any action which the  
,commission is authorized to take by    
this section4  7,b7 ,obtaining official 
data  7i7 ,the ,commission may secure   
directly from any department or agency  

of the ,united ,states information      
necessary to enable it to carry out this
 section4 ,upon request of the          
,chairperson of the ,commission1 the    
head of that department or agency shall 
furnish that information to the         
,commission4  7ii7 ,in order to carry   
out its functions1 the ,commission      
shall-- 7,i7 utilize existing           
information1 both published and         
unpublished1 when possible1 collected   
and assessed either by its own staff or 
under other arrangements2  7,,ii7 carry 
out1 or award grants or contracts for1  
original research and experimentation1  
when existing information is inadequate2
 and  7,,iii7 adopt procedures allowing 
any interested party to submit          
information for the ,commission's use in
 making reports and recommendations4    
7,c7 ,direction to the ,national        
,academy of ,medicine ,the ,commission  
may direct the ,president of the        
,national ,academy of ,medicine to      
conduct studies of illnesses described  

in subsection 7b74  7,d7 ,expenditures  
,the ,commission may make such          
expenditures for services and materials 
for the purpose of carrying out this    
section as the ,commission considers    
advisable from funds appropriated for   
that purpose4  7e7 ,oversight  7#a7     
,access to records ,the ,comptroller    
,general shall have unrestricted access 
to all deliberations1 records1 and data 
of the ,commission1 immediately upon    
request4  7#b7 ,audit ,the ,commission  
shall be subject to periodic audit by   
the ,comptroller ,general4  7f7 ,reports
  7#a7 ,reports on recommendations ,the 
,commission shall submit to the         
,secretary of ,veterans ,affairs and to 
,congress a report regarding each       
recommendation under subsection 7b7 not 
later than #ij days after making such   
recommendation4 ,in any such report that
 includes a recommendation that the     
,secretary determine that an illness    
does not have positive association with 
exposure to toxic airborne chemicals and

 fumes caused by open burn pits1 the    
,commission shall include an explanation
 of the evidence and scientific basis   
for such recommendation4  7#b7 ,annual  
report ,the ,commission shall submit to 
the ,secretary of ,veterans ,affairs and
 to ,congress a report not later than   
one year after the date of the enactment
 of this ,act and annually thereafter4  
,each annual report shall include the   
following with regards to the preceding 
year3  7,a7 ,recommendations made by the
 ,commission under subsection 7b74  7,b7
 ,a review of information described in  
paragraphs 7#a7 through 7#f7 of         
subsection 7b7 that the ,commission has 
reviewed relating to illnesses for which
 the ,commission has not yet made a     
recommendation under that subsection4   
7#c7 ,quinquennial report ,the          
,commission shall submit to the         
,secretary of ,veterans ,affairs and to 
,congress a report during the fifth year
 after the date of the enactment of this
 ,act and every five years thereafter4  

,each such report shall include the     
following3  7,a7 ,a summary of the      
information specified in subparagraphs  
7,a7 and 7,b7 of paragraph 7#b7 with    
regards to the preceding five years4    
7,b7 ,an estimate of when the           
,commission will make a recommendation  
regarding each illness described in     
subparagraph 7,b7 of paragraph 7#b74