SFC Heath Robinson Burn Pit Transparency Act
This bill implements reporting requirements and policies related to the treatment and documentation of veterans who have been exposed to open burn pits. A burn pit is an area used for burning solid waste in open air without equipment.
First, the bill requires the Department of Veterans Affairs (VA) to submit quarterly reports on veterans' burn pit exposure
The bill also requires the VA to collaborate with the Department of Defense to submit an annual report detailing specified information about veterans who have been exposed to open burn pits, such as the number of claims for disability compensation approved and denied (including the rationale for denials).
The bill authorizes the survivor of a deceased veteran to report a veteran's exposure to toxic substances from an open burn pit in the Airborne Hazards and Open Burn Pit Registry, even if the veteran was not included prior to their death.
VA medical professionals must inform veterans of the registry if they present at a medical facility for treatment related to exposure to toxic chemicals by open burn pits.
Finally, the Government Accountability Office must report on the effectiveness of any memorandum of understanding entered into by the VA with respect to the processing of reported cases of burn pit exposure and the coordination of care and provision of health care related to such cases at VA and non-VA facilities.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2601 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2601
To direct the Secretary of Veterans Affairs to notify Congress
regularly of reported cases of burn pit exposure by veterans, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 15, 2021
Mr. Ryan (for himself, Mr. Mast, Mr. Kelly of Mississippi, Mr.
Fitzpatrick, Mr. Vela, Mrs. Hayes, and Mr. Zeldin) 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 by veterans, 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) In general.--On a quarterly basis, the Secretary of
Veterans Affairs shall submit to the appropriate congressional
committees a report on each reported case of burn pit exposure
by a covered veteran reported during the previous quarter.
(2) Elements.--Each report submitted under paragraph (1)
shall include, with respect to each reported case of burn pit
exposure of a covered veteran included in the report, 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
system of the Department of Veterans Affairs
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) 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 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.
(3) 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 the total number denied by
the Secretary of Veterans Affairs with respect to a
covered veteran, 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
from which the covered veterans were exposed to
toxic airborne chemicals and fumes.
(D) Identification of any illnesses relating to
exposure to open burn pits that formed the basis for
the Secretary to award benefits, including entitlement
to service connection or an increase in disability
rating.
(E) The total number of covered veterans who died
after seeking care for an illness relating to exposure
to an open burn pit.
(F) Any updates or trends with respect to the
information described in subparagraphs (A), (B), (C),
(D), and (E) that the Secretary determines appropriate.
(2) Matters included in first report.--The Secretary shall
include in the first report under paragraph (1) information
specified in subsection (a)(2) 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) Inclusion of Information After Death and Provision of
Information Regarding Open Burn Pit 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 paragraphs:
``(3) Reporting of information after death.--The Secretary
of Veterans Affairs shall permit a survivor of a deceased
veteran to report to the registry under paragraph (1) the
exposure of the veteran to toxic airborne chemicals and fumes
caused by an open burn pit, even if such veteran was not
included in the registry before their death.
``(4) Information regarding registry.--
``(A) Notice.--The Secretary of Veterans Affairs
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
of Veterans Affairs 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 Senate; and
(B) The Committee on Veterans' Affairs and the
Committee on Armed Services of the House of
Representatives.
(3) The term ``covered veteran'' means a veteran who
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.
(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.
<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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