K2 Veterans Toxic Exposure Accountability Act of 2020
This bill addresses toxic exposure of members of the Armed Forces deployed to Karshi-Khanabad (K-2) Air Base in Uzbekistan between October 1, 2001, and December 31, 2005.
Specifically, the bill requires the Department of Defense (DOD) to conduct a study and report on such exposure. Based on the results of the study, the Department of Veterans Affairs (VA) must determine (1) whether a positive association exists between such exposure and the occurrence of a diagnosed illness in humans, and (2) whether a presumption of service-connection is warranted. Under a presumption of service-connection, specific conditions 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.
If the VA determines a presumption of service-connection is not warranted, notice must be published and include an explanation of the basis for the determination. The bill also requires the VA to remove previous presumptions if evidence indicates such presumption is not warranted.
The bill requires the VA to establish and maintain a registry for individuals who were deployed to K-2 during the specified time frame.
Finally, DOD must provide access to information upon request by the National Academies of Sciences, Engineering, and Medicine for purposes of a study regarding the effects of exposure to toxic substances at K-2.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5957 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5957
To direct the Secretary of Defense to conduct a study regarding toxic
exposure by members of the Armed Forces deployed to Karshi Khanabad Air
Base, Uzbekistan, to direct the Secretary of Veterans Affairs to
establish a registry regarding such exposure, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2020
Mr. Green of Tennessee (for himself and Mr. Lynch) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs, and in addition to the Committee on Armed Services, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Defense to conduct a study regarding toxic
exposure by members of the Armed Forces deployed to Karshi Khanabad Air
Base, Uzbekistan, to direct the Secretary of Veterans Affairs to
establish a registry regarding such 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 ``K2 Veterans Toxic Exposure
Accountability Act of 2020''.
SEC. 2. STUDY ON TOXIC EXPOSURE AT KARSHI KHANABAD AIR BASE,
UZBEKISTAN.
(a) Study.--
(1) In general.--The Secretary of Defense shall conduct a
study on toxic exposure by members of the Armed Forces deployed
to Karshi Khanabad Air Base, Uzbekistan, at any time during the
period beginning October 1, 2001, and ending December 31, 2005.
(2) Matters included.--The study under paragraph (1) shall
include the following:
(A) An assessment regarding the conditions of
Karshi Khanabad Air Base, Uzbekistan, during the period
beginning October 1, 2001, and ending December 31,
2005, including an identification of toxic substances
contaminating the Air Base during such period.
(B) An epidemiological study of the health
consequences of a member of the Armed Forces deployed
to the Air Base during such period.
(C) An assessment of any association between
exposure to toxic substances identified under
subparagraph (A) and the health consequences studied
under subparagraph (B).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to the appropriate congressional
committees a report containing--
(1) the study under subsection (a); and
(2) a description of--
(A) the benefits administered by the Secretary of
Veterans Affairs that a veteran may be eligible to
receive by reason of being exposed to toxic substances
at Karshi Khanabad Air Base, Uzbekistan, while serving
in the Armed Forces; and
(B) the outreach conducted by the Secretary to
inform such veterans of such benefits.
SEC. 3. ESTABLISHMENT OF K2 TOXIC EXPOSURE REGISTRY.
(a) Establishment of Registry.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall--
(A) establish and maintain a registry for eligible
individuals who may have been exposed to toxic
substances at Karshi Khanabad Air Base, Uzbekistan, at
any time during the period beginning October 1, 2001,
and ending December 31, 2005;
(B) include any information in such registry that
the Secretary of Veterans Affairs determines necessary
to ascertain and monitor the health effects of the
exposure of members to such substances;
(C) develop a public information campaign to inform
eligible individuals about the registry, including how
to register and the benefits of registering; and
(D) periodically notify eligible individuals of
significant developments in the study and treatment of
conditions associated with such exposure.
(2) Updates.--The Secretary shall take actions necessary to
ensure that the registry may be updated with the cause of death
of a deceased registered individual by--
(A) an individual designated by such deceased
registered individual; or
(B) if no such individual is designated, an
immediate family member of such deceased registered
individual.
(3) Coordination.--The Secretary of Veterans Affairs shall
coordinate with the Secretary of Defense in carrying out
paragraph (1).
(b) Report to Congress.--
(1) Reports by independent scientific organization.--The
Secretary of Veterans Affairs shall enter into an agreement
with an independent scientific organization to prepare reports
as follows:
(A) Not later than two years after the date on
which the registry under subsection (a) is established,
an initial report containing the following:
(i) An assessment of the effectiveness of
actions taken by the Secretaries to collect and
maintain information on the health effects of
exposure to toxic substances at Karshi Khanabad
Air Base, Uzbekistan.
(ii) Recommendations to improve the
collection and maintenance of such information.
(iii) Using established and previously
published epidemiological studies,
recommendations regarding the most effective
and prudent means of addressing the medical
needs of eligible individuals with respect to
conditions that are likely to result from such
exposure.
(B) Not later than five years after completing the
initial report described in subparagraph (A), a follow-
up report containing the following:
(i) An update to the initial report
described in subparagraph (A).
(ii) An assessment of whether and to what
degree the content of the registry established
under subsection (a) is current and
scientifically up-to-date.
(2) Submittal to congress.--
(A) Initial report.--Not later than two years after
the date on which the registry under subsection (a) is
established, the Secretary of Veterans Affairs shall
submit to Congress the initial report prepared under
paragraph (1)(A).
(B) Follow-up report.--Not later than five years
after submitting the report under subparagraph (A), the
Secretary of Veterans Affairs shall submit to Congress
the follow-up report prepared under paragraph (1)(B).
(c) Definitions.--In this section:
(1) The term ``eligible individual'' means any individual
who was deployed as a member of the Armed Forces to Karshi
Khanabad Air Base, Uzbekistan, at any time during the period
beginning October 1, 2001, and ending December 31, 2005.
(2) The term ``immediate family member'', with respect to a
deceased individual, means--
(A) the spouse, parent, brother, sister, or adult
child of the individual;
(B) an adult person to whom the individual stands
in loco parentis; or
(C) any other adult person--
(i) living in the household of the
individual at the time of the death of the
individual; and
(ii) related to the individual by blood or
marriage.
(3) The term ``registered individual'' means an individual
registered with the registry under subsection (a).
SEC. 4. DETERMINATION OF PRESUMPTIONS OF SERVICE CONNECTION FOR
ILLNESSES ASSOCIATED WITH K2 EXPOSURE.
(a) In General.--
(1) Determination required.--Not later than 60 days after
the date on which the Secretary of Veterans Affairs receives
the results of a covered study, the Secretary shall make a
determination whether a positive association exists between--
(A) the exposure of humans to toxic substances at
Karshi Khanabad Air Base, Uzbekistan, at any time
during the period beginning October 1, 2001, and ending
December 31, 2005; and
(B) the occurrence of a diagnosed illness in
humans.
(2) Bases of determination.--In making a determination
under paragraph (1), the Secretary shall consider--
(A) whether the evidence is statistically
significant, capable of replication, and able to
withstand peer review demonstrating that there is
positive association between the exposure and the
occurrence of a diagnosed illness;
(B) the results of a covered study; and
(C) all other sound medical and scientific evidence
available to the Secretary.
(3) Presumption.--If the Secretary determines that a
positive association exists between exposure and a diagnosed
illness pursuant to paragraph (1), the Secretary shall
prescribe regulations providing that--
(A) a presumption of service connection is
warranted for the illness covered by that determination
if the illness first becomes manifest within the
period, if any, prescribed in such regulations in a
covered veteran; and
(B) such covered veteran shall be presumed to have
been exposed to toxic substances at Karshi Khanabad Air
Base, Uzbekistan, at any time during the period
beginning October 1, 2001, and ending December 31,
2005, unless there is conclusive evidence to establish
that--
(i) the covered veteran was not exposed to
toxic substances in the course of such service
in the Armed Forces; or
(ii) the illness first became manifest
prior to the covered veteran's exposure.
(4) Submission.--Upon the date on which the Secretary makes
the determination under paragraph (1), the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate an explanation of such
determination.
(b) Regulations.--
(1) Proposed regulations.--
(A) Timing.--If the Secretary determines under
subsection (a)(1) that a presumption of service
connection is warranted for an illness, the Secretary
shall, not later than 180 days after making such
determination--
(i) issue proposed regulations setting
forth the determination; or
(ii) submit the initial report under
subparagraph (B).
(B) Reports.--If the Secretary does not issue
proposed regulations by the deadline established in
subparagraph (A), the Secretary shall submit to the
Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the status
of such proposed regulations. On a quarterly basis
thereafter until the date on which the Secretary issues
such proposed regulations, the Secretary shall submit
to such committees an update on such status.
(2) Final regulations.--Not later than 180 days after the
date on which the Secretary issues any proposed regulations
under this subsection, the Secretary shall prescribe final
regulations. Such regulations shall be effective on the date of
issuance.
(3) Presumption not warranted.--
(A) Publication.--If the Secretary determines under
subsection (a) that a presumption of service connection
is not warranted for an illness, or proposes to remove
a previously established presumption, the Secretary
shall publish in the Federal Register a notice of that
determination not later than 180 days after making the
determination. The notice shall include an explanation
of the evidence and scientific basis for that
determination.
(B) Removal of previous presumption.--If an illness
already presumed to be service connected under this
section is subject to a notice published under
subparagraph (A), the Secretary shall issue proposed
regulations removing the presumption for the illness
not later than 180 days after publication of such
notice.
(4) Effect of removal.--Whenever the presumption of service
connection for an illness under this section is removed under
this subsection--
(A) 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
basis; and
(B) 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 basis.
(c) Effective Date of Benefit Awards.--The effective date of any
benefit awarded by reason of this section shall be determined in
accordance with section 5110 of title 38, United States Code, but shall
in no case be earlier than the effective date of the final regulations
prescribed pursuant to subsection (b)(2).
(d) Definitions.--In this section:
(1) The term ``covered study'' includes--
(A) the study conducted under section 2; and
(B) any subsequent study or any study conducted by
the National Academies of Sciences, Engineering, and
Medicine regarding the effects of exposure of humans to
toxic substances at Karshi Khanabad Air Base,
Uzbekistan, at any time during the period beginning
October 1, 2001, and ending December 31, 2005.
(2) The term ``covered veteran'' means a veteran who was
deployed as a member of the Armed Forces to Karshi Khanabad Air
Base, Uzbekistan, at any time during the period beginning
October 1, 2001, and ending December 31, 2005.
SEC. 5. ACCESS OF THE NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE TO INFORMATION FROM THE DEPARTMENT OF DEFENSE.
Upon request by the National Academies of Sciences, Engineering,
and Medicine (in this section referred to as the ``Academies''), the
Secretary of Defense shall provide to the Academies information in the
possession of the Department of Defense that the Academies determine
useful in performing a covered study, as that term is defined in
section 4(d). Such information includes, at a minimum, all
environmental sampling data relative to any location included in the
study.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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