[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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