William Collins Jet Fuel Exposure Recognition Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘William Collins Jet 4 Fuel Exposure Recognition Act’’. 5 VerDate Sep 11 2014 17:42 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3852.IH H3852 lotter on DSK11XQN23PROD with BILLS 2 •HR 3852 IH SEC. 2. PRESUMPTIONS OF TOXIC EXPOSURE. 1 (a) IN GENERAL.—Subchapter II of chapter 11 of 2 title 38, United States Code, is amended by adding at the 3 end the following new section: 4 ‘‘§ 1119. Presumptions of toxic exposure 5 ‘‘(a) IN GENERAL.—The Secretary shall, for pur- 6 poses of section 1110 and chapter 17 of this title, presume 7 that any covered veteran was exposed to toxic substances, 8 chemicals, and airborne hazards during the service of the 9 covered veteran, unless there is affirmative evidence to es- 10 tablish that the covered veteran was not exposed to any 11 such substances, chemicals, or hazards in connection with 12 such service. 13 ‘‘(b) ADJUDICATION OF CLAIMS.—If a covered vet- 14 eran submits to the Secretary a claim for compensation 15 for a service-connected disability related to jet fuel expo- 16 sure under section 1110 of this title with evidence of a 17 disability and a presumption of toxic exposure under sub- 18 section (a) that occurred during active military, naval, or 19 air service, the Secretary shall, in adjudicating such 20 claim— 21 ‘‘(1) provide a medical examination and request 22 a medical opinion for service connection; and 23 ‘‘(2) direct a medical provider providing such a 24 medical examination to consider— 25 VerDate Sep 11 2014 17:42 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3852.IH H3852 lotter on DSK11XQN23PROD with BILLS 3 •HR 3852 IH ‘‘(A) the exposure of the veteran to toxic 1 substances during all military deployments; and 2 ‘‘(B) the synergistic effect of all combined 3 toxic substances through inhalation, dermal ex- 4 posure, and ingestion. 5 ‘‘(c) COVERED VETERAN.—The term ‘covered vet- 6 eran’ means any veteran who, while serving in the active 7 military, naval, or air service, worked for a cumulative pe- 8 riod of at least two years in a military occupational spe- 9 cialty that involved consistent exposure to jet fuel.’’. 10 (b) CLERICAL AMENDMENT.—The table of sections 11 at the beginning of chapter 11 is amended by inserting 12 after the item relating to section 1118 the following new 13 item: 14 ‘‘1119. Presumptions of toxic exposure.’’. (c) BIENNIAL REPORT.— 15 (1) IN GENERAL.—Not later than one year 16 after the date of the enactment of this Act, and bi- 17 ennially thereafter during the subsequent eight-year 18 period, the Secretary of Veterans Affairs shall sub- 19 mit to the Committees on Veterans’ Affairs of the 20 Senate and House of Representatives, and make 21 publicly available, a report that includes— 22 (A) a discussion of the effect of various 23 different types of jet fuels used by the Armed 24 VerDate Sep 11 2014 17:42 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3852.IH H3852 lotter on DSK11XQN23PROD with BILLS 4 •HR 3852 IH Forces on the health of individuals by length of 1 exposure; 2 (B) an identification of the immediate 3 symptoms of jet fuel exposure that may indicate 4 future health risks; 5 (C) a chronology of health safeguards im- 6 plemented by the Armed Forces intended to re- 7 duce the exposure of members of the Armed 8 Foces to jet fuel; and 9 (D) an identification of any areas relating 10 to jet fuel exposure about which new research 11 needs to be done. 12 (2) USE OF FINDINGS.—In evaluating claims 13 for compensation for service-connected disabilities 14 submitted by veterans who were exposed to jet fuel, 15 the Secretary shall take into consideration the find- 16 ings of the reports under this subsection. 17 Æ VerDate Sep 11 2014 17:42 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3852.IH H3852 lotter on DSK11XQN23PROD with BILLS