[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2950 Reported in Senate (RS)]
<DOC>
Calendar No. 542
116th CONGRESS
2d Session
S. 2950
To amend title 38, United States Code, to concede exposure to airborne
hazards and toxins from burn pits under certain circumstances, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 21, 2019
Mr. Sullivan (for himself, Mr. Manchin, Mr. Tillis, Ms. Rosen, Mr.
Young, Mr. Rounds, Mr. Boozman, Mrs. Blackburn, Ms. Sinema, Mr. Jones,
Mrs. Shaheen, Mr. Cardin, Ms. Collins, Ms. Baldwin, Mr. Portman, Mr.
Coons, Ms. Murkowski, Mr. Whitehouse, Mr. Crapo, Mr. Van Hollen, Mr.
Cornyn, Mr. Wyden, Mr. Risch, Mr. King, Ms. Warren, Mr. Cruz, Ms.
Hassan, and Mr. Cramer) introduced the following bill; which was read
twice and referred to the Committee on Veterans' Affairs
September 15, 2020
Reported by Mr. Moran, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to concede exposure to airborne
hazards and toxins from burn pits under certain circumstances, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Veterans Burn Pits Exposure
Recognition Act of 2019''.</DELETED>
<DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (1) The health of some members of the Armed Forces
and veterans who served in certain locations, often multiple
times, may have been affected by their service near burn
pits.</DELETED>
<DELETED> (2) Determining the location of burn pits, and the
scope of health effects associated to exposure, remains the
subject of much investigation and research by the Department of
Veterans Affairs, the Department of Defense, other government
agencies, and the National Academies of Sciences, Engineering,
and Medicine.</DELETED>
<DELETED> (3) The locations of burn pits used by the
Department of Defense and partnered armed forces, and the
possible health effects associated by their use, may never be
completely known, as--</DELETED>
<DELETED> (A) some location and air and soil quality
data is fragmentary; and</DELETED>
<DELETED> (B) the research involved with
establishing links between burn pit exposure and health
conditions by necessity is complex, years in length,
and in the end, in some cases, inconclusive.</DELETED>
<DELETED> (4) In the interim, though, some veterans have
already been adversely affected by their exposure to burn pits,
and their claims to certain benefits furnished by the
Department of Veterans Affairs can be reviewed on a case-by-
case basis.</DELETED>
<DELETED> (5) When filing a claim for certain benefits
furnished by the Department of Veterans Affairs, the
application requires that each veteran show evidence of their
exposure to burn pits, however if the evidence of exposure to
burn pits is not provided, the claim is often denied.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (1) if it is determined that a veteran was
deployed to a covered location during a certain period, the
Secretary of Veterans Affairs should concede that the member or
veteran was exposed to certain toxins, chemicals, and hazards;
and</DELETED>
<DELETED> (2) a concession of exposure as described in
paragraph (1) should not alone be sufficient to entitle one to
health care or disability compensation under laws administered
by the Secretary of Veterans Affairs.</DELETED>
<DELETED>SEC. 3. CONCESSION OF EXPOSURE TO AIRBORNE HAZARDS AND TOXINS
FROM DEPARTMENT OF DEFENSE AND PARTNERED ARMED FORCES
BURN PITS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 1119. Concession of exposure to airborne hazards and
toxins from burn pits</DELETED>
<DELETED> ``(a) In General.--For purposes of section 1110 and
chapter 17 of this title, any veteran who, during active military,
naval, or air service, was deployed in support of a contingency
operation while so serving and as part of such deployment served in a
covered location during a corresponding period set forth under
subsection (b), shall be considered to have been exposed to the toxins,
chemicals, and hazards listed in subsection (c).</DELETED>
<DELETED> ``(b) Covered Locations and Corresponding Periods.--(1)
The covered locations and corresponding periods set forth under this
subsection are as follows:</DELETED>
<DELETED> ``(A) Iraq and the following periods:</DELETED>
<DELETED> ``(i) The period beginning on August 2,
1990, and ending on February 28, 1991.</DELETED>
<DELETED> ``(ii) The period beginning on March 19,
2003, and ending on such date as the Secretary
determines burn pits are no longer used in
Iraq.</DELETED>
<DELETED> ``(B) The Southwest Asia Theater of operations,
other than Iraq, and the period beginning on August 2, 1990,
and ending on such date as the Secretary determines burn pits
are no longer used in such location, including the
following:</DELETED>
<DELETED> ``(i) Kuwait.</DELETED>
<DELETED> ``(ii) Saudi Arabia.</DELETED>
<DELETED> ``(iii) Bahrain.</DELETED>
<DELETED> ``(iv) Oman.</DELETED>
<DELETED> ``(v) Qatar.</DELETED>
<DELETED> ``(vi) United Arab Emirates.</DELETED>
<DELETED> ``(C) Afghanistan and the period beginning on
September 11, 2001, and ending on such date as the Secretary
determines burn pits are no longer used in
Afghanistan.</DELETED>
<DELETED> ``(D) Djibouti and the period beginning on
September 11, 2001, and ending on such date as the Secretary
determines burn pits are no longer used in Djibouti.</DELETED>
<DELETED> ``(E) Such other locations as are set forth by the
Airborne Hazards and Open Burn Pit Registry established 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) and corresponding periods set forth in such
registry.</DELETED>
<DELETED> ``(F) Such other locations and corresponding
periods as the Secretary, in collaboration with the Secretary
of Defense, may determine appropriate in a report the Secretary
of Veterans Affairs shall submit to Congress not later than two
years after the date of the enactment of the Veterans Burn Pits
Exposure Recognition Act of 2019 and not less frequently than
once every two years thereafter.</DELETED>
<DELETED> ``(2) A location set forth under this subsection shall not
include any body of water around or any airspace above such
location.</DELETED>
<DELETED> ``(c) Toxins, Chemicals, Airborne Hazards.--(1) Subject to
paragraph (2), the toxins, chemicals, and airborne hazards listed in
this subsection are as follows:</DELETED>
<DELETED> ``(A) Particulate matter, including the
following:</DELETED>
<DELETED> ``(i) PM-10.</DELETED>
<DELETED> ``(ii) PM-2.5.</DELETED>
<DELETED> ``(B) Polycyclic aromatic hydrocarbons (PAHs),
including the following:</DELETED>
<DELETED> ``(i) Acenaphthene.</DELETED>
<DELETED> ``(ii) Acenaphthylene.</DELETED>
<DELETED> ``(iii) Anthracene.</DELETED>
<DELETED> ``(iv) Benzo(a)anthracene.</DELETED>
<DELETED> ``(v) Benzo(a)pyrene.</DELETED>
<DELETED> ``(vi) Benzo(b)fluoroanthene.</DELETED>
<DELETED> ``(vii) Benzo(g,h,i)perylene.</DELETED>
<DELETED> ``(viii) Benzo(k)fluoroanthene.</DELETED>
<DELETED> ``(ix) Chrysene.</DELETED>
<DELETED> ``(x) Dibenz(a,h)anthracene.</DELETED>
<DELETED> ``(xi) Fluoranthene.</DELETED>
<DELETED> ``(xii) Fluorene.</DELETED>
<DELETED> ``(xiii) Indeno(1,2,3-cd)pyrene.</DELETED>
<DELETED> ``(xiv) Naphthalene.</DELETED>
<DELETED> ``(xv) Phenanthrene.</DELETED>
<DELETED> ``(xvi) Pyrene.</DELETED>
<DELETED> ``(C) Volatile organic compounds (VOCs), including
the following:</DELETED>
<DELETED> ``(i) Acetone.</DELETED>
<DELETED> ``(ii) Acrolein.</DELETED>
<DELETED> ``(iii) Benzene.</DELETED>
<DELETED> ``(iv) Carbon Disulfide.</DELETED>
<DELETED> ``(v) Chlorodifluoromethane.</DELETED>
<DELETED> ``(vi) Chloromethane.</DELETED>
<DELETED> ``(vii) Ethylbenzene.</DELETED>
<DELETED> ``(viii) Hexane.</DELETED>
<DELETED> ``(ix) Hexachlorobutadiene.</DELETED>
<DELETED> ``(x) m/p-Xylene.</DELETED>
<DELETED> ``(xi) Methylene Chloride.</DELETED>
<DELETED> ``(xii) Pentane.</DELETED>
<DELETED> ``(xiii) Propylene.</DELETED>
<DELETED> ``(xiv) Styrene.</DELETED>
<DELETED> ``(xv) Toluene.</DELETED>
<DELETED> ``(D) Toxic organic halogenated dioxins and furans
(dioxins), including the following:</DELETED>
<DELETED> ``(i) 1,2,3,4,6,7,8 HPCDD.</DELETED>
<DELETED> ``(ii) 1,2,3,4,6,7,8 HPCDF.</DELETED>
<DELETED> ``(iii) 1,2,3,4,7,8,9 HPCDF.</DELETED>
<DELETED> ``(iv) 1,2,3,4,7,8 HXCDD.</DELETED>
<DELETED> ``(v) 1,2,3,4,7,8 HXCDF.</DELETED>
<DELETED> ``(vi) 1,2,3,6,7,8 HXCDD.</DELETED>
<DELETED> ``(vii) 1,2,3,6,7,8 HXCDF.</DELETED>
<DELETED> ``(viii) 1,2,3,7,8,9 HXCDD.</DELETED>
<DELETED> ``(ix) 1,2,3,7,8,9 HXCDF.</DELETED>
<DELETED> ``(x) 1,2,3,7,8 PECDD.</DELETED>
<DELETED> ``(xi) 1,2,3,7,8 PECDF.</DELETED>
<DELETED> ``(xii) 2,3,4,6,7,8 HXCDF.</DELETED>
<DELETED> ``(xiii) 2,3,4,7,8 PECDF.</DELETED>
<DELETED> ``(xiv) 2,3,7,8 TCDD.</DELETED>
<DELETED> ``(xv) 2,3,7,8 TCDF.</DELETED>
<DELETED> ``(xvi) octachlorodibenzodioxin.</DELETED>
<DELETED> ``(xvii) octachlorodibenzofuran.</DELETED>
<DELETED> ``(E) Such other toxins, chemicals, and airborne
hazards as the Secretary, in collaboration with the Secretary
of Defense, may add under paragraph (2).</DELETED>
<DELETED> ``(2) The Secretary may add to or remove from the list
under paragraph (1) as the Secretary determines appropriate in a report
the Secretary shall submit to Congress not later than two years after
the date of the enactment of the Veterans Burn Pits Exposure
Recognition Act of 2019, and not less frequently than once every two
years thereafter.</DELETED>
<DELETED> ``(d) Medical Examinations and Medical Opinions.--(1) If a
veteran described in subsection (a) submits to the Secretary a claim
for compensation for a service-connected disability with evidence of a
disability and service in a covered location and corresponding period
set forth under subsection (b) and such evidence is not sufficient to
establish a service connection for the disability, the Secretary shall
provide the veteran with a medical examination and the Secretary shall
request a medical opinion as to any causal link between the disability
and a toxin, chemical, or hazard set listed in subsection
(c).</DELETED>
<DELETED> ``(2) When providing the Secretary with a medical opinion
requested under paragraph (1), the provider shall consider the total
potential exposure through all applicable military deployments, and the
synergistic effect of all combined toxins through inhalation, dermal
exposure, and ingestion.</DELETED>
<DELETED> ``(e) Definition of Burn Pit.--In this section, the term
`burn pit' means an area of land that is used for disposal of solid
waste by burning in the outdoor air.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of chapter 11 of such title is amended by inserting after the
item relating to section 1118 the following new item:</DELETED>
<DELETED>``1119. Concession of exposure to airborne hazards and toxins
from burn pits.''.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Burn Pits Exposure
Recognition Act of 2020''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The health of some members of the Armed Forces and
veterans who served in certain locations, often multiple times,
may have been affected by their service near burn pits.
(2) Determining the location of burn pits, and the scope of
health effects associated to exposure, remains the subject of
much investigation and research by the Department of Veterans
Affairs, the Department of Defense, other government agencies,
and the National Academies of Sciences, Engineering, and
Medicine.
(3) The locations of burn pits used by the Department of
Defense and partnered armed forces, and the possible health
effects associated by their use, may never be completely known,
as--
(A) some location and air and soil quality data is
fragmentary; and
(B) the research involved with establishing links
between burn pit exposure and health conditions by
necessity is complex, years in length, and in the end,
in some cases, inconclusive.
(4) In the interim, though, some veterans have already been
adversely affected by their exposure to burn pits, and their
claims to certain benefits furnished by the Department of
Veterans Affairs can be reviewed on a case-by-case basis.
(5) When filing a claim for certain benefits furnished by
the Department of Veterans Affairs, the application requires
that each veteran show evidence of their exposure to burn pits,
however if the evidence of exposure to burn pits is not
provided, the claim is often denied.
(b) Sense of Congress.--It is the sense of Congress that--
(1) if it is determined that a veteran was deployed to a
covered location during a certain period, the Secretary of
Veterans Affairs should concede that the member or veteran was
exposed to certain toxic substances, chemicals, and hazards;
(2) a concession of exposure as described in paragraph (1)
should not alone be sufficient to entitle one to health care or
disability compensation under laws administered by the
Secretary of Veterans Affairs;
(3) the Department of Veterans Affairs, the Department of
Defense, and other relevant agencies should make information
regarding burn pit locations immediately available to the
public, with appropriate caveats to its completeness and need
for potential future revision; and
(4) the earliest possible period for which the Secretary of
Veterans Affairs should make concessions as described in
paragraph (1) should begin on August 2, 1990.
SEC. 3. CONCESSION OF EXPOSURE TO AIRBORNE HAZARDS AND TOXIC SUBSTANCES
FROM DEPARTMENT OF DEFENSE AND PARTNERED ARMED FORCES
BURN PITS.
(a) Concession Required.--
(1) 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. Concession of exposure to airborne hazards and toxic
substances from burn pits
``(a) In General.--For purposes of section 1110 and chapter 17 of
this title, any veteran who, during active military, naval, or air
service, was deployed in support of a contingency operation while so
serving and as part of such deployment served in a covered location
during a corresponding period set forth under subsection (b), shall be
considered to have been exposed to the toxic substances, chemicals, and
hazards listed in subsection (c).
``(b) Covered Locations and Corresponding Periods.--(1) The covered
locations and corresponding periods set forth under this subsection are
as follows:
``(A) Iraq and the following periods:
``(i) The period beginning on August 2, 1990, and
ending on February 28, 1991.
``(ii) The period beginning on March 19, 2003, and
ending on such date as the Secretary determines burn
pits are no longer used in Iraq.
``(B) The Southwest Asia Theater of operations, other than
Iraq, and the period beginning on August 2, 1990, and ending on
such date as the Secretary determines burn pits are no longer
used in such location, including the following:
``(i) Kuwait.
``(ii) Saudi Arabia.
``(iii) Oman.
``(iv) Qatar.
``(C) Afghanistan and the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Afghanistan.
``(D) Djibouti and the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Djibouti.
``(E) Syria and the period beginning on September 11, 2001,
and ending on such date as the Secretary determines burn pits
are no longer used in Syria.
``(F) Jordan and the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Jordan.
``(G) Egypt and the period beginning on September 11, 2001,
and ending on such date as the Secretary determines burn pits
are no longer used in Egypt.
``(H) Lebanon and the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Lebanon.
``(I) Yemen and the period beginning on September 11, 2001,
and ending on such date as the Secretary determines burn pits
are no longer used in Yemen.
``(J) Such other locations as are set forth by the Airborne
Hazards and Open Burn Pit Registry established 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) and corresponding periods set forth in such registry.
``(K) Such other locations and corresponding periods as the
Secretary, in collaboration with the Secretary of Defense, may
determine appropriate in a report the Secretary of Veterans
Affairs shall submit to Congress not later than two years after
the date of the enactment of the Veterans Burn Pits Exposure
Recognition Act of 2020 and not less frequently than once every
two years thereafter.
``(2) A location set forth under this subsection shall not include
any body of water around or any airspace above such location.
``(c) Toxic Substances, Chemicals, Airborne Hazards.--(1) Subject
to paragraph (2), the toxic substances, chemicals, and airborne hazards
listed in this subsection are as follows:
``(A) Particulate matter, including the following:
``(i) PM-10.
``(ii) PM-2.5.
``(B) Polycyclic aromatic hydrocarbons (PAHs), including
the following:
``(i) Acenaphthene.
``(ii) Acenaphthylene.
``(iii) Anthracene.
``(iv) Benzo(a)anthracene.
``(v) Benzo(a)pyrene.
``(vi) Benzo(b)fluoroanthene.
``(vii) Benzo(g,h,i)perylene.
``(viii) Benzo(k)fluoroanthene.
``(ix) Chrysene.
``(x) Dibenz(a,h)anthracene.
``(xi) Fluoranthene.
``(xii) Fluorene.
``(xiii) Indeno(1,2,3-cd)pyrene.
``(xiv) Naphthalene.
``(xv) Phenanthrene.
``(xvi) Pyrene.
``(C) Volatile organic compounds (VOCs), including the
following:
``(i) Acetone.
``(ii) Acrolein.
``(iii) Benzene.
``(iv) Carbon Disulfide.
``(v) Chlorodifluoromethane.
``(vi) Chloromethane.
``(vii) Ethylbenzene.
``(viii) Hexane.
``(ix) Hexachlorobutadiene.
``(x) m/p-Xylene.
``(xi) Methylene Chloride.
``(xii) Pentane.
``(xiii) Propylene.
``(xiv) Styrene.
``(xv) Toluene.
``(D) Toxic organic halogenated dioxins and furans
(dioxins), including the following:
``(i) 1,2,3,4,6,7,8 HPCDD.
``(ii) 1,2,3,4,6,7,8 HPCDF.
``(iii) 1,2,3,4,7,8,9 HPCDF.
``(iv) 1,2,3,4,7,8 HXCDD.
``(v) 1,2,3,4,7,8 HXCDF.
``(vi) 1,2,3,6,7,8 HXCDD.
``(vii) 1,2,3,6,7,8 HXCDF.
``(viii) 1,2,3,7,8,9 HXCDD.
``(ix) 1,2,3,7,8,9 HXCDF.
``(x) 1,2,3,7,8 PECDD.
``(xi) 1,2,3,7,8 PECDF.
``(xii) 2,3,4,6,7,8 HXCDF.
``(xiii) 2,3,4,7,8 PECDF.
``(xiv) 2,3,7,8 TCDD.
``(xv) 2,3,7,8 TCDF.
``(xvi) octachlorodibenzodioxin.
``(xvii) octachlorodibenzofuran.
``(E) Such other toxic substances, chemicals, and airborne
hazards as the Secretary, in collaboration with the Secretary
of Defense, may add under paragraph (2).
``(2) The Secretary may add to or remove from the list under
paragraph (1) as the Secretary determines appropriate in a report the
Secretary shall submit to Congress not later than two years after the
date of the enactment of the Veterans Burn Pits Exposure Recognition
Act of 2020, and not less frequently than once every two years
thereafter.
``(d) Medical Examinations and Medical Opinions.--(1) If a veteran
described in subsection (a) submits to the Secretary a claim for
compensation for a service-connected disability with evidence of a
disability and service in a covered location and corresponding period
set forth under subsection (b) and such evidence is not sufficient to
establish a service connection for the disability, the Secretary shall
provide the veteran with a medical examination and the Secretary shall
request a medical opinion as to any causal link between the disability
and a toxic substance, chemical, or hazard set listed in subsection
(c).
``(2) When providing the Secretary with a medical opinion requested
under paragraph (1), the provider shall consider the total potential
exposure through all applicable military deployments, and the
synergistic effect of all combined toxic substances through inhalation,
dermal exposure, and ingestion.
``(e) Definition of Burn Pit.--In this section, the term `burn pit'
means an area of land that is used for disposal of solid waste by
burning in the outdoor air.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 11 of such title is amended by inserting
after the item relating to section 1118 the following new item:
``1119. Concession of exposure to airborne hazards and toxic substances
from burn pits.''.
(b) Reports.--
(1) Reports required.--The Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and Committee on
Veterans' Affairs of the House of Representatives reports as
follows:
(A) Not later than 60 days after the date of the
enactment of this Act, a report covering the one-year
period preceding the date of the enactment of this Act.
(B) Not later than 425 days after the date of the
enactment of this Act, a report covering the one-year
period beginning on the date of the enactment of this
Act.
(C) Not later than 790 days after the date of the
enactment of this Act, a report covering the one-year
period beginning on the date that is one year after the
date of the enactment of this Act.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the period covered by the report and
disaggregated by each of the categories set forth under
paragraph (3), the following:
(A) Total number of claims filed for compensation
under chapters 11 and 13 of title 38, United States
Code.
(B) Total number of such claims for which the
Secretary provided medical examinations.
(C) The current status of such claims,
disaggregated by the following:
(i) Total claims pending a decision.
(ii) Total claims granted.
(iii) Total claims denied for which the
claimant took no further action.
(iv) Total claims denied for which the
claimant filed a supplemental claim.
(v) Total claims denied for which the
claimant requested a higher level review.
(vi) Total claims denied for which the
claimant filed an appeal to the Board of
Veterans' Appeals.
(3) Categories.--The categories set forth under this
paragraph are as follows:
(A) Claims for compensation under chapters 11 and
13 of title 38, United States Code.
(B) Claims involving exposure to a toxic substance,
chemical, or hazard listed in subsection (c) of section
1119 of title 38, United States Code, as added by
subsection (a)(1), during active military, naval, or
air service in support of a contingency operation in a
covered location during a corresponding period set
forth under subsection (b) of such section.
(4) Public access to reports.--The Secretary shall make
each report required by paragraph (1) available to the public,
including by publishing the reports on a publicly accessible
page of the website of the Department of Veterans Affairs.
Calendar No. 542
116th CONGRESS
2d Session
S. 2950
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to concede exposure to airborne
hazards and toxins from burn pits under certain circumstances, and for
other purposes.
_______________________________________________________________________
September 15, 2020
Reported with an amendment