[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7072 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7072
To direct the Secretary of Veterans Affairs to notify Congress
regularly of reported cases of burn pit exposure, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 1, 2020
Ms. Gabbard (for herself and Mr. Mast) introduced the following bill;
which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Veterans Affairs to notify Congress
regularly of reported cases of burn pit exposure, 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 ``SFC Heath Robinson Burn Pit
Transparency Act''.
SEC. 2. NOTIFICATIONS AND REPORTS REGARDING REPORTED CASES OF BURN PIT
EXPOSURE.
(a) Quarterly Notifications.--
(1) Requirement.--On a quarterly basis, the Secretary of
Veterans Affairs shall submit to the appropriate congressional
committees a report on each case of burn pit exposure reported
during the previous quarter. Each such report shall include,
with respect to such cases, the following:
(A) Notice of the case, including the medical
facility at which the case was reported.
(B) Notice of, as available--
(i) the enrollment status of the covered
veteran with respect to the patient enrollment
under section 1705(a) of title 38, United
States Code;
(ii) a summary of all health care visits by
the covered veteran at the medical facility at
which the case was reported that are related to
the case;
(iii) the demographics of the covered
veteran, including age, sex, and race;
(iv) identification of any non-Department
of Veterans Affairs health care benefits that
the covered veteran receives;
(v) the Armed Force in which the covered
veteran served and the rank of the covered
veteran;
(vi) the period in which the covered
veteran served;
(vii) each location of an open burn pit
from which the covered veteran was exposed to
toxic airborne chemicals and fumes caused by
open burn pits during such service;
(viii) the medical diagnoses of the covered
veteran and the treatment provided to the
veteran; and
(ix) whether the covered veteran is
registered in the Airborne Hazards and Open
Burn Pit Registry.
(2) Protection of information.--The Secretary shall ensure
that the reports submitted under paragraph (1) do not include
the identity of covered veterans or contain other personally
identifiable data.
(b) Annual Report on Cases.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Veterans Affairs, in collaboration with the
Secretary of Defense, shall submit to the appropriate
congressional committees a report detailing the following:
(A) The total number of covered veterans.
(B) The total number of claims for disability
compensation under chapter 11 of title 38, United
States Code, approved and denied by the Secretary of
Veterans Affairs with respect to covered veterans, and
for each such denial, the rationale of the denial.
(C) A comprehensive list of--
(i) the conditions for which covered
veterans seek treatment; and
(ii) the locations of the open burn pits to
which the covered veterans were exposed to
toxic airborne chemicals and fumes caused by
open burn pits.
(D) Identification of any illnesses relating to
exposure to open burn pits which formed the basis for
the Secretary to award benefits, including but not
limited to, entitlement to service connection or an
increase in disability rating.
(E) Any updates or trends with respect to the
information described in subparagraphs (A), (B), and
(C) that the Secretary determines appropriate.
(2) Matters included in first report.--The Secretary shall
include in the first report under paragraph (1) notifications
containing the information specified in subsection (a)(1) with
respect to reported cases of burn pit exposure made during the
period beginning January 1, 1990, and ending on the day before
the date of the enactment of this Act.
(c) Information Regarding Registry.--Section 201(a) of the
Dignified Burial and Other Veterans' Benefits Improvement Act of 2012
(Public Law 112-260; 38 U.S.C. 527 note) is amended by adding at the
end the following new paragraph:
``(3) Information.--
``(A) Notice.--The Secretary shall ensure that a
medical professional of the Department of Veterans
Affairs informs a veteran of the registry under
paragraph (1) if the veteran presents at a medical
facility of the Department for treatment that the
veteran describes as being related to, or ancillary to,
the exposure of the veteran to toxic airborne chemicals
and fumes caused by open burn pits.
``(B) Display.--In making information public
regarding the number of participants in the registry
under paragraph (1), the Secretary shall display such
numbers by both State and by congressional district.''.
(d) Comptroller General Report.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional committees
a report containing an assessment of the effectiveness of any
memorandum of understanding or memorandum of agreement entered into by
the Secretary of Veterans Affairs with respect to--
(1) the processing of reported cases of burn pit exposure;
and
(2) the coordination of care and provision of health care
relating to such cases at medical facilities of the Department
and at non-Department facilities.
(e) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit
Registry'' means the registry established by the Secretary of
Veterans Affairs under section 201 of the Dignified Burial and
Other Veterans' Benefits Improvement Act of 2012 (Public Law
112-260; 38 U.S.C. 527 note).
(2) The term ``appropriate congressional committees''
means--
(A) The Committee on Veterans' Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Veterans' Affairs and the
Committee on Armed Services of the Senate.
(3) The term ``covered veteran'' means a veteran described
in paragraph (5).
(4) The term ``open burn pit'' has the meaning given that
term in section 201(c) of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-260;
38 U.S.C. 527 note).
(5) The term ``reported case of burn pit exposure'' means
each instance in which a veteran presents at a medical facility
of the Department of Veterans Affairs (or in a non-Department
facility pursuant to section 1703 or 1703A of title 38, United
States Code) for treatment that the veteran describes as being
related to, or ancillary to, the exposure of the veteran to
toxic airborne chemicals and fumes caused by open burn pits at
any time while serving in the Armed Forces.
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