II 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) intro- duced the following bill; which was read twice and referred to the Com- mittee 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:34 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2950.RS S2950 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2950 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Veterans Burn Pits 2 Exposure Recognition Act of 2019’’. 3 SEC. 2. FINDINGS; SENSE OF CONGRESS. 4 (a) FINDINGS.—Congress makes the following find- 5 ings: 6 (1) The health of some members of the Armed 7 Forces and veterans who served in certain locations, 8 often multiple times, may have been affected by 9 their service near burn pits. 10 (2) Determining the location of burn pits, and 11 the scope of health effects associated to exposure, re- 12 mains the subject of much investigation and re- 13 search by the Department of Veterans Affairs, the 14 Department of Defense, other government agencies, 15 and the National Academies of Sciences, Engineer- 16 ing, and Medicine. 17 (3) The locations of burn pits used by the De- 18 partment of Defense and partnered armed forces, 19 and the possible health effects associated by their 20 use, may never be completely known, as— 21 (A) some location and air and soil quality 22 data is fragmentary; and 23 (B) the research involved with establishing 24 links between burn pit exposure and health con- 25 VerDate Sep 11 2014 00:34 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2950.RS S2950 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2950 RS ditions by necessity is complex, years in length, 1 and in the end, in some cases, inconclusive. 2 (4) In the interim, though, some veterans have 3 already been adversely affected by their exposure to 4 burn pits, and their claims to certain benefits fur- 5 nished by the Department of Veterans Affairs can 6 be reviewed on a case-by-case basis. 7 (5) When filing a claim for certain benefits fur- 8 nished by the Department of Veterans Affairs, the 9 application requires that each veteran show evidence 10 of their exposure to burn pits, however if the evi- 11 dence of exposure to burn pits is not provided, the 12 claim is often denied. 13 (b) SENSE OF CONGRESS.—It is the sense of Con- 14 gress that— 15 (1) if it is determined that a veteran was de- 16 ployed to a covered location during a certain period, 17 the Secretary of Veterans Affairs should concede 18 that the member or veteran was exposed to certain 19 toxins, chemicals, and hazards; and 20 (2) a concession of exposure as described in 21 paragraph (1) should not alone be sufficient to enti- 22 tle one to health care or disability compensation 23 under laws administered by the Secretary of Vet- 24 erans Affairs. 25 VerDate Sep 11 2014 00:34 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2950.RS S2950 kjohnson on DSK79L0C42PROD with BILLS 4 •S 2950 RS SEC. 3. CONCESSION OF EXPOSURE TO AIRBORNE HAZ- 1 ARDS AND TOXINS FROM DEPARTMENT OF 2 DEFENSE AND PARTNERED ARMED FORCES 3 BURN PITS. 4 (a) IN GENERAL.—Subchapter II of chapter 11 of 5 title 38, United States Code, is amended by adding at the 6 end the following new section: 7 ‘‘§ 1119. Concession of exposure to airborne hazards 8 and toxins from burn pits 9 ‘‘(a) IN GENERAL.—For purposes of section 1110 10 and chapter 17 of this title, any veteran who, during active 11 military, naval, or air service, was deployed in support of 12 a contingency operation while so serving and as part of 13 such deployment served in a covered location during a cor- 14 responding period set forth under subsection (b), shall be 15 considered to have been exposed to the toxins, chemicals, 16 and hazards listed in subsection (c). 17 ‘‘(b) COVERED LOCATIONS AND CORRESPONDING 18 PERIODS.—(1) The covered locations and corresponding 19 periods set forth under this subsection are as follows: 20 ‘‘(A) Iraq and the following periods: 21 ‘‘(i) The period beginning on August 2, 22 1990, and ending on February 28, 1991. 23 ‘‘(ii) The period beginning on March 19, 24 2003, and ending on such date as the Secretary 25 determines burn pits are no longer used in Iraq. 26 VerDate Sep 11 2014 00:34 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2950.RS S2950 kjohnson on DSK79L0C42PROD with BILLS 5 •S 2950 RS ‘‘(B) The Southwest Asia Theater of oper- 1 ations, other than Iraq, and the period beginning on 2 August 2, 1990, and ending on such date as the 3 Secretary determines burn pits are no longer used in 4 such location, including the following: 5 ‘‘(i) Kuwait. 6 ‘‘(ii) Saudi Arabia. 7 ‘‘(iii) Bahrain. 8 ‘‘(iv) Oman. 9 ‘‘(v) Qatar. 10 ‘‘(vi) United Arab Emirates. 11 ‘‘(C) Afghanistan and the period beginning on 12 September 11, 2001, and ending on such date as the 13 Secretary determines burn pits are no longer used in 14 Afghanistan. 15 ‘‘(D) Djibouti and the period beginning on Sep- 16 tember 11, 2001, and ending on such date as the 17 Secretary determines burn pits are no longer used in 18 Djibouti. 19 ‘‘(E) Such other locations as are set forth by 20 the Airborne Hazards and Open Burn Pit Registry 21 established under section 201 of the Dignified Bur- 22 ial and Other Veterans’ Benefits Improvement Act 23 of 2012 (Public Law 112–260; 38 U.S.C. 527 note) 24 and corresponding periods set forth in such registry. 25 VerDate Sep 11 2014 00:34 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2950.RS S2950 kjohnson on DSK79L0C42PROD with BILLS 6 •S 2950 RS ‘‘(F) Such other locations and corresponding 1 periods as the Secretary, in collaboration with the 2 Secretary of Defense, may determine appropriate in 3 a report the Secretary of Veterans Affairs shall sub- 4 mit to Congress not later than two years after the 5 date of the enactment of the Veterans Burn Pits Ex- 6 posure Recognition Act of 2019 and not less fre- 7 quently than once every two years thereafter. 8 ‘‘(2) A location set forth under this subsection shall 9 not include any body of water around or any airspace 10 above such location. 11 ‘‘(c) TOXINS, CHEMICALS, AIRBORNE HAZARDS.— 12 (1) Subject to paragraph (2), the toxins, chemicals, and 13 airborne hazards listed in this subsection are as follows: 14 ‘‘(A) Particulate matter, including the fol- 15 lowing: 16 ‘‘(i) PM-10. 17 ‘‘(ii) PM-2.5. 18 ‘‘(B) Polycyclic aromatic hydrocarbons (PAHs), 19 including the following: 20 ‘‘(i) Acenaphthene. 21 ‘‘(ii) Acenaphthylene. 22 ‘‘(iii) Anthracene. 23 ‘‘(iv) Benzo(a)anthracene. 24 ‘‘(v) Benzo(a)pyrene. 25 VerDate Sep 11 2014 00:34 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2950.RS S2950 kjohnson on DSK79L0C42PROD with BILLS 7 •S 2950 RS ‘‘(vi) Benzo(b)fluoroanthene. 1 ‘‘(vii) Benzo(g,h,i)perylene. 2 ‘‘(viii) Benzo(k)fluoroanthene. 3 ‘‘(ix) Chrysene. 4 ‘‘(x) Dibenz(a,h)anthracene. 5 ‘‘(xi) Fluoranthene. 6 ‘‘(xii) Fluorene. 7 ‘‘(xiii) Indeno(1,2,3-cd)pyrene. 8 ‘‘(xiv) Naphthalene. 9 ‘‘(xv) Phenanthrene. 10 ‘‘(xvi) Pyrene. 11 ‘‘(C) Volatile organic compounds (VOCs), in- 12 cluding the following: 13 ‘‘(i) Acetone. 14 ‘‘(ii) Acrolein. 15 ‘‘(iii) Benzene. 16 ‘‘(iv) Carbon Disulfide. 17 ‘‘(v) Chlorodifluoromethane. 18 ‘‘(vi) Chloromethane. 19 ‘‘(vii) Ethylbenzene. 20 ‘‘(viii) Hexane. 21 ‘‘(ix) Hexachlorobutadiene. 22 ‘‘(x) m/p-Xylene. 23 ‘‘(xi) Methylene Chloride. 24 ‘‘(xii) Pentane. 25 VerDate Sep 11 2014 00:34 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S2950.RS S2950 kjohnson on DSK79L0C42PROD with BILLS 8 •S 2950 RS ‘‘(xiii) Propylene. 1 ‘‘(xiv) Styrene. 2 ‘‘(xv) Toluene. 3 ‘‘(D) Toxic organic halogenated dioxins and 4 furans (dioxins), including the following: 5 ‘‘(i) 1,2,3,4,6,7,8 HPCDD. 6 ‘‘(ii) 1,2,3,4,6,7,8 HPCDF. 7 ‘‘(iii) 1,2,3,4,7,8,9 HPCDF. 8 ‘‘(iv) 1,2,3,4,7,8 HXCDD. 9 ‘‘(v) 1,2,3,4,7,8 HXCDF. 10 ‘‘(vi) 1,2,3,6,7,8 HXCDD. 11 ‘‘(vii) 1,2,3,6,7,8 HXCDF. 12 ‘‘(viii) 1,2,3,7,8,9 HXCDD. 13 ‘‘(ix) 1,2,3,7,8,9 HXCDF. 14 ‘‘(x) 1,2,3,7,8 PECDD. 15 ‘‘(xi) 1,2,3,7,8 PECDF. 16 ‘‘(xii) 2,3,4,6,7,8 HXCDF. 17 ‘‘(xiii) 2,3,4,7,8 PECDF. 18 ‘‘(xiv) 2,3,7,8 TCDD. 19 ‘‘(xv) 2,3,7,8 TCDF. 20 ‘‘(xvi) octachlorodibenzodioxin. 21 ‘‘(xvii) octachlorodibenzofuran. 22 ‘‘(E) Such other toxins, chemicals, and airborne 23 hazards as the Secretary, in collaboration with the 24 Secretary of Defense, may add under paragraph (2). 25 VerDate Sep 11 2014 00:34 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S2950.RS S2950 kjohnson on DSK79L0C42PROD with BILLS 9 •S 2950 RS ‘‘(2) The Secretary may add to or remove from the 1 list under paragraph (1) as the Secretary determines ap- 2 propriate in a report the Secretary shall submit to Con- 3 gress not later than two years after the date of the enact- 4 ment of the Veterans Burn Pits Exposure Recognition Act 5 of 2019, and not less frequently than once every two years 6 thereafter. 7 ‘‘(d) MEDICAL EXAMINATIONS AND MEDICAL OPIN- 8 IONS.—(1) If a veteran described in subsection (a) sub- 9 mits to the Secretary a claim for compensation for a serv- 10 ice-connected disability with evidence of a disability and 11 service in a covered location and corresponding period set 12 forth under subsection (b) and such evidence is not suffi- 13 cient to establish a service connection for the disability, 14 the Secretary shall provide the veteran with a medical ex- 15 amination and the Secretary shall request a medical opin- 16 ion as to any causal link between the disability and a 17 toxin, chemical, or hazard set listed in subsection (c). 18 ‘‘(2) When providing the Secretary with a medical 19 opinion requested under paragraph (1), the provider shall 20 consider the total potential exposure through all applicable 21 military deployments, and the synergistic effect of all com- 22 bined toxins through inhalation, dermal exposure, and in- 23 gestion. 24 VerDate Sep 11 2014 00:34 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S2950.RS S2950 kjohnson on DSK79L0C42PROD with BILLS 10 •S 2950 RS ‘‘(e) DEFINITION OF BURN PIT.—In this section, the 1 term ‘burn pit’ means an area of land that is used for 2 disposal of solid waste by burning in the outdoor air.’’. 3 (b) CLERICAL AMENDMENT.—The table of sections 4 at the beginning of chapter 11 of such title is amended 5 by inserting after the item relating to section 1118 the 6 following new item: 7 ‘‘1119. Concession of exposure to airborne hazards and toxins from burn pits.’’. SECTION 1. SHORT TITLE. 8 This Act may be cited as the ‘‘Veterans Burn Pits Ex- 9 posure Recognition Act of 2020’’. 10 SEC. 2. FINDINGS; SENSE OF CONGRESS. 11 (a) FINDINGS.—Congress makes the following findings: 12 (1) The health of some members of the Armed 13 Forces and veterans who served in certain locations, 14 often multiple times, may have been affected by their 15 service near burn pits. 16 (2) Determining the location of burn pits, and 17 the scope of health effects associated to exposure, re- 18 mains the subject of much investigation and research 19 by the Department of Veterans Affairs, the Depart- 20 ment of Defense, other government agencies, and the 21 National Academies of Sciences, Engineering, and 22 Medicine. 23 (3) The locations of burn pits used by the De- 24 partment of Defense and partnered armed forces, and 25 VerDate Sep 11 2014 00:34 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S2950.RS S2950 kjohnson on DSK79L0C42PROD with BILLS 11 •S 2950 RS the possible health effects associated by their use, may 1 never be completely known, as— 2 (A) some location and air and soil quality 3 data is fragmentary; and 4 (B) the research involved with establishing 5 links between burn pit exposure and health con- 6 ditions by necessity is complex, years in length, 7 and in the end, in some cases, inconclusive. 8 (4) In the interim, though, some veterans have 9 already been adversely affected by their exposure to 10 burn pits, and their claims to certain benefits fur- 11 nished by the Department of Veterans Affairs can be 12 reviewed on a case-by-case basis. 13 (5) When filing a claim for certain benefits fur- 14 nished by the Department of Veterans Affairs, the ap- 15 plication requires that each veteran show evidence of 16 their exposure to burn pits, however if the evidence of 17 exposure to burn pits is not provided, the claim is 18 often denied. 19 (b) SENSE OF CONGRESS.—It is the sense of Congress 20 that— 21 (1) if it is determined that a veteran was de- 22 ployed to a covered location during a certain period, 23 the Secretary of Veterans Affairs should concede that 24 VerDate Sep 11 2014 00:34 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S2950.RS S2950 kjohnson on DSK79L0C42PROD with BILLS 12 •S 2950 RS the member or veteran was exposed to certain toxic 1 substances, chemicals, and hazards; 2 (2) a concession of exposure as described in 3 paragraph (1) should not alone be sufficient to entitle 4 one to health care or disability compensation under 5 laws administered by the Secretary of Veterans Af- 6 fairs; 7 (3) the Department of Veterans Affairs, the De- 8 partment of Defense, and other relevant agencies 9 should make information regarding burn pit locations 10 immediately available to the public, with appropriate 11 caveats to its completeness and need for potential fu- 12 ture revision; and 13 (4) the earliest possible period for which the Sec- 14 retary of Veterans Affairs should make concessions as 15 described in paragraph (1) should begin on August 2, 16 1990. 17 SEC. 3. CONCESSION OF EXPOSURE TO AIRBORNE HAZ- 18 ARDS AND TOXIC SUBSTANCES FROM DE- 19 PARTMENT OF DEFENSE AND PARTNERED 20 ARMED FORCES BURN PITS. 21 (a) CONCESSI [Text truncated for display. Full text available on Congress.gov.]