[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2220 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2220
To expand presumptions of exposure by members of the Armed Forces to
toxic substances, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 9, 2025
Ms. Rosen (for herself and Ms. Cortez Masto) introduced the following
bill; which was read twice and referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To expand presumptions of exposure by members of the Armed Forces to
toxic substances, 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 ``Fighting for the Overlooked
Recognition of Groups Operating in Toxic Test Environments in Nevada
(FORGOTTEN) Veterans Act of 2025''.
SEC. 2. EXPANSION OF INDIVIDUAL LONGITUDINAL EXPOSURE RECORD TO INCLUDE
INFORMATION RELATING TO TOXIC EXPOSURES.
(a) All Exposures.--The Secretary of Defense shall expand the
Individual Longitudinal Exposure Record (in this section referred to as
the ``ILER'') to document all toxic exposures of members of the Armed
Forces, including those that occur within the United States, so it can
be available for the Secretary of Veterans Affairs when such members
transition to civilian life, including information relating to the
following:
(1) All-hazard occupational data.
(2) Environmental hazards that were known or found later to
which the member was exposed, including through conducting any
monitoring in an area in which the member may have been
exposed.
(b) Medical Information.--The Secretary of Defense shall expand the
ILER to include the following medical information of members of the
Armed Forces so it can be available for the Secretary of Veterans
Affairs when such members transition to civilian life:
(1) Medical encounter information relating to toxic
exposures (such as diagnosis, treatment, and laboratory data).
(2) Medical concerns that should be addressed regarding
possible toxic exposures.
(c) Availability to Certain Professionals.--The Secretary of
Defense and the Secretary of Veterans Affairs shall ensure that the
ILER is available, for purposes of improving internal processes, to the
following:
(1) Health care providers of the Department of Defense and
the Department of Veterans Affairs.
(2) Epidemiologists and researchers of the Department of
Defense and the Department of Veterans Affairs.
(3) Disability evaluation and benefits determinations
specialists of the Department of Veterans Affairs.
(d) Inclusion in Service Records.--
(1) In general.--The Secretary of Defense shall document in
the service records of a member of the Armed Forces whether
such member served at a location where there was a potential of
toxic exposure.
(2) Protection of classified information.--In carrying out
paragraph (1), the Secretary of Defense shall ensure that
service at any location that is classified is protected from
disclosure and may contain simply a box to be checked to
indicate that a member of the Armed Forces served at a location
where there was a potential of toxic exposure.
SEC. 3. PRESUMPTION OF EXPOSURE FOR MEMBERS OF THE ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE AT
DEPARTMENT OF ENERGY FACILITIES.
(a) In General.--Members of the Armed Forces and civilian employees
of the Department of Defense who are or have been stationed or employed
at a covered facility shall be presumed to have been exposed to toxic
substances.
(b) Covered Facility Defined.--The term ``covered facility'' means
any facility on the most recent list of facilities covered under the
Energy Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7384 et seq.) published in the Federal Register by the
Department of Energy.
SEC. 4. CLASSIFICATION OF NEVADA TEST AND TRAINING RANGE AS LOCATION
WHERE CONTAMINATION OCCURRED AND MEMBERS OF THE ARMED
FORCES WERE EXPOSED TO TOXIC SUBSTANCES.
(a) In General.--The Secretary of Defense shall classify the Nevada
Test and Training Range as a location where contamination occurred.
(b) Identification Process.--
(1) In general.--The Secretary of the Air Force shall
establish a process to identify members of the Armed Forces and
former members of the Armed Forces that were stationed at the
Nevada Test and Training Range since January 27, 1951.
(2) Documentation.--The Secretary of the Air Force shall
establish a process to permit members of the Armed Forces and
former members of the Armed Forces to provide documentation or
evidence of their assignment within the Nevada Test and
Training Range to assist the Secretary in identifying those
members and former members under paragraph (1).
(3) Efforts.--The Secretary of the Air Force shall make all
efforts to identify individuals described in paragraph (1) and
shall not require members of the Armed Forces or former members
of the Armed Forces to submit evidence of their stationing.
SEC. 5. TREATMENT AS RADIATION-RISK ACTIVITIES BY DEPARTMENT OF
VETERANS AFFAIRS.
Section 1112(c)(3) of title 38, United States Code, is amended--
(1) in subparagraph (B) by adding at the end the following
new clause:
``(viii) At any time on or after January
27, 1951, onsite participation in any aspect of
the development, construction, operation, or
maintenance of a military installation (as
defined in section 2801 of title 10) at a
covered location at the Nevada Test and
Training Range.''; and
(2) by adding at the end the following new subparagraph:
``(C) The term `covered location at the Nevada Test
and Training Range' means a location at the Nevada Test
and Training Range, Nevada, where there was a potential
of toxic exposure.''.
SEC. 6. PRESUMPTIONS OF TOXIC EXPOSURE BY DEPARTMENT OF VETERANS
AFFAIRS.
Section 1119(c) of title 38, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subsection (B), as so
redesignated, the following:
``(A) on or after January 27, 1951, performed
active military, naval, air, or space service while
assigned to a duty station in, including airspace
above, a covered location at the Nevada Test and
Training Range, Nevada;''; and
(2) by adding at the end the following new paragraph:
``(4) The term `covered location at the Nevada Test and
Training Range' means a location at the Nevada Test and
Training Range, Nevada, where there was a potential of toxic
exposure.''.
SEC. 7. PRESUMPTION OF SERVICE CONNECTION BY DEPARTMENT OF VETERANS
AFFAIRS.
Section 1120(b) of title 38, United States Code, is amended--
(1) by redesignating paragraph (15) as paragraph (16); and
(2) by inserting after paragraph (14) the following new
paragraph:
``(15) Only in the case of a covered veteran described in
section 1119(c)(1)(A), lipomas and tumor related conditions.''.
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