[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 437 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 437

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

                           February 24, 2021

  Mr. Sullivan (for himself and Mr. Manchin) introduced the following 
 bill; which was read twice and referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Burn Pits Exposure 
Recognition Act of 2021''.

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 and 
        other sources of airborne hazards.
            (2) Determining the location of burn pits, and the scope of 
        health effects associated to exposure, remains the subject of 
        much investigation, research, and good faith efforts 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) The September 2020 National Academies of Sciences, 
        Engineering and Medicine consensus study report entitled 
        ``Respiratory Health Effects of Airborne Hazards Exposures in 
        the Southwest Asia Theater of Military Operations'' concludes 
        that the available evidence does not allow a definitive 
        determination to be made about any potential association 
        between airborne hazards in the theater and numerous 
        respiratory health outcomes. The report characterizes existing 
        research as inadequate, and advises that additional research be 
        done, including longitudinal studies that by design take years.
            (5) 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.
            (6) 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), unless there is affirmative evidence 
to establish that the veteran was not exposed to any such substances, 
chemicals, or hazards during that service.
    ``(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 2021 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 2021, 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--
            ``(1) is designated by the Secretary of Defense to be used 
        for disposing solid waste by burning in the outdoor air; and
            ``(2) does not contain a commercially manufactured 
        incinerator or other equipment specifically designed and 
        manufactured for the burning of solid waste.''.
            (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 completed for 
                compensation under chapter 11 of title 38, United 
                States Code.
                    (B) Total number of such completed claims for which 
                the Secretary provided medical examinations.
                    (C) The current status of such completed claims, 
                disaggregated by the following:
                            (i) Total claims granted.
                            (ii) Total claims denied for which the 
                        claimant took no further action.
                            (iii) Total claims denied for which the 
                        claimant filed a supplemental claim.
                            (iv) Total claims denied for which the 
                        claimant requested a higher level review.
                            (v) Total claims denied for which the 
                        claimant filed an appeal to the Board of 
                        Veterans' Appeals.
                    (D) Total number of claims for compensation under 
                chapter 11 of such title pending a decision.
            (3) Categories.--The categories set forth under this 
        paragraph are claims for compensation under chapter 11 of title 
        38, United States Code, involving exposure to a toxic 
        substance, chemical, or hazard listed in subsection (c) of 
        section 1119 of such title, 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, 
        along with such additional information or comments as the 
        Secretary considers appropriate to provide context for the 
        report.
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