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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3852 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3852
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2021
Ms. Spanberger (for herself and Mr. Bacon) 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
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
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