[Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)]
[Senate]
[Page S3079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5933. Mr. WELCH submitted an amendment intended to be proposed by 
him to the bill S. 4784, to authorize appropriations for fiscal year 
2027 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Insert after section 317 the following:

     SEC. 317A. IDENTIFICATION AND REPORTING OF CERTAIN OPEN-AIR 
                   BURN PITS NOT CONTROLLED BY DEPARTMENT OF 
                   DEFENSE.

       (a) Policy Revision.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall revise the policy of the Department of Defense 
     governing the use of open-air burn pits to require 
     operational commanders to identify, and report to the 
     commander of the relevant combatant command and the Joint 
     Staff Logistics Directorate, the presence of open-air burn 
     pits described in subsection (b).
       (b) Open-air Burn Pit Described.--An open-air burn pit 
     described in this subsection is an open-air burn pit not 
     controlled by the Department of Defense used to dispose of 
     non-Department generated waste that is--
       (1) located within 4000 meters of an installation of the 
     Department of Defense, a military installation, or any other 
     location where members of the Armed Forces are housed, either 
     temporarily or permanently, including an enduring location, a 
     contingency location, a military facility associated with an 
     access agreement with a host nation, a main operating base, a 
     forward operating site, or a cooperative security location; 
     or
       (2) located within 4000 meters of members of the Armed 
     Forces and operated by an ally or partner of the United 
     States, host nation forces, or a local entity that may result 
     in exposure of such members.
       (c) Testing Requirement.--Each operational commander shall 
     collect and evaluate air quality data in and around the area 
     of any open-air burn pit identified pursuant to subsection 
     (a) for the purpose of documenting the effects of open-air 
     burning at such open-air burn pit, including, to the extent 
     feasible, by conducting air quality testing in and around 
     such area for toxins commonly associated with open-air burn 
     pits.
       (d) Watch List Update.--The Secretary of Defense shall 
     ensure that any open-air burn pit identified pursuant to 
     subsection (a) is included in the official watch list of the 
     Department of known burn pits.
       (e) Health Record Documentation.--The Secretary of Defense 
     shall ensure that documented exposure risks associated with 
     open-air burn pits identified pursuant to subsection (a), 
     including the air quality data collected under subsection 
     (c), are incorporated into the individual health records of 
     potentially exposed members of the Armed Forces pursuant to 
     section 704 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1074f note) 
     for tracking purposes.
       (f) Report to Congress.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the appropriate congressional committees a 
     report containing--
       (1) the location of each open-air burn pit identified 
     pursuant to subsection (a);
       (2) the results of the collection and evaluation of air 
     quality data under subsection (c); and
       (3) any updates to the watch list of the Department 
     consistent with the requirement under subsection (d) made as 
     of the date of the submission of such report, and the planned 
     timeline of the Secretary for subsequent updates.
       (g) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committees on Armed Services of the Senate and the 
     House of Representatives; and
       (2) the Committees on Veterans' Affairs of the Senate and 
     the House of Representatives.
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