,,ii ,calendar ,no4 #edb #aafth ,,congress #b;d ,session ,s4 #biej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ba1 #bjai,mr4 ,sullivan 7for himself1 ,mr4 ,manchin1 ,mr4 ,tillis1 ,ms4 ,rosen1 ,mr4 ,young1 ,mr4 ,rounds1 ,mr4 ,boozman1 ,mrs4 ,blackburn1 ,ms4 ,sinema1 ,mr4 ,jones1 ,mrs4 ,shaheen1 ,mr4 ,cardin1 ,ms4 ,collins1 ,ms4 ,baldwin1 ,mr4 ,portman1 ,mr4 ,coons1 ,ms4 ,murkowski1 ,mr4 ,whitehouse1 ,mr4 ,crapo1 ,mr4 ,van ,hollen1 ,mr4 ,cornyn1 ,mr4 ,wyden1 ,mr4 ,risch1 ,mr4 ,king1 ,ms4 ,warren1 ,mr4 ,cruz1 ,ms4 ,hassan1 and ,mr4 ,cramer7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,september #ae1 #bjbj,reported by ,mr4 ,moran1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to concede exposure to airborne hazards and toxins from burn pits under certain circumstances1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,veterans ,burn ,pits ,exposure ,recognition ,act of #bjai4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress makes the following findings3 7#a7 ,the health of some members of the ,armed ,forces and veterans who served in certain locations1 often multiple times1 may have been affected by their service near burn pits4 7#b7 ,determining the location of burn pits1 and the scope of health effects associated to exposure1 remains the subject of much investigation and research by the ,department of ,veterans ,affairs1 the ,department of ,defense1 other government agencies1 and the ,national ,academies of ,sciences1 ,engineering1 and ,medicine4 7#c7 ,the locations of burn pits used by the ,department of ,defense and partnered armed forces1 and the possible health effects associated by their use1 may never be completely known1 as-- 7,a7 some location and air and soil quality data is fragmentary2 and 7,b7 the research involved with establishing links between burn pit exposure and health conditions by necessity is complex1 years in length1 and in the end1 in some cases1 inconclusive4 7#d7 ,in the interim1 though1 some veterans have already been adversely affected by their exposure to burn pits1 and their claims to certain benefits furnished by the ,department of ,veterans ,affairs can be reviewed on a case-by-case basis4 7#e7 ,when filing a claim for certain benefits furnished by the ,department of ,veterans ,affairs1 the application requires that each veteran show evidence of their exposure to burn pits1 however if the evidence of exposure to burn pits is not provided1 the claim is often denied4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 if it is determined that a veteran was deployed to a covered location during a certain period1 the ,secretary of ,veterans ,affairs should concede that the member or veteran was exposed to certain toxins1 chemicals1 and hazards2 and 7#b7 a concession of exposure as described in paragraph 7#a7 should not alone be sufficient to entitle one to health care or disability compensation under laws administered by the ,secretary of ,veterans ,affairs4 #c4 ,concession of exposure to airborne hazards and toxins from ,department of ,defense and partnered armed forces burn pits 7a7 ,in general ,subchapter ,,ii of chapter #aa of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #aaai4 ,concession of exposure to airborne hazards and toxins from burn pits 7a7 ,in general ,for purposes of section #aaaj and chapter #ag of this title1 any veteran who1 during active military1 naval1 or air service1 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 7b71 shall be considered to have been exposed to the toxins1 chemicals1 and hazards listed in subsection 7c74 7b7 ,covered locations and corresponding periods 7#a7 ,the covered locations and corresponding periods set forth under this subsection are as follows3 7,a7 ,iraq and the following periods3 7i7 ,the period beginning on ,august #b1 #aiij1 and ending on ,february #bh1 #aiia4 7ii7 ,the period beginning on ,march #ai1 #bjjc1 and ending on such date as the ,secretary determines burn pits are no longer used in ,iraq4 7,b7 ,the ,southwest ,asia ,theater of operations1 other than ,iraq1 and the period beginning on ,august #b1 #aiij1 and ending on such date as the ,secretary determines burn pits are no longer used in such location1 including the following3 7i7 ,kuwait4 7ii7 ,saudi ,arabia4 7iii7 ,bahrain4 7iv7 ,oman4 7v7 ,qatar4 7vi7 ,united ,arab ,emirates4 7,c7 ,afghanistan and the period beginning on ,september #aa1 #bjja1 and ending on such date as the ,secretary determines burn pits are no longer used in ,afghanistan4 7,d7 ,djibouti and the period beginning on ,september #aa1 #bjja1 and ending on such date as the ,secretary determines burn pits are no longer used in ,djibouti4 7,e7 ,such other locations as are set forth by the ,airborne ,hazards and ,open ,burn ,pit ,registry established under section #bja of the ,dignified ,burial and ,other ,veterans' ,benefits ,improvement ,act of #bjab 7,public ,law #aab-bfj2 #ch ,u4,s4,c4 #ebg note7 and corresponding periods set forth in such registry4 7,f7 ,such other locations and corresponding periods as the ,secretary1 in collaboration with the ,secretary of ,defense1 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 #bjai and not less frequently than once every two years thereafter4 7#b7 ,a location set forth under this subsection shall not include any body of water around or any airspace above such location4 7c7 ,toxins1 chemicals1 airborne hazards 7#a7 ,subject to paragraph 7#b71 the toxins1 chemicals1 and airborne hazards listed in this subsection are as follows3 7,a7 ,particulate matter1 including the following3 7i7 ,,pm-#aj4 7ii7 ,,pm-#b4e4 7,b7 ,polycyclic aromatic hydrocarbons 7,p,a,hs71 including the following3 7i7 ,acenaphthene4 7ii7 ,acenaphthylene4 7iii7 ,anthracene4 7iv7 ,benzo7a7anthracene4 7v7 ,benzo7a7pyrene4 7vi7 ,benzo7b7fluoroanthene4 7vii7 ,benzo7g1h1i7perylene4 7viii7 ,benzo7k7fluoroanthene4 7ix7 ,chrysene4 7x7 ,dibenz7a1h7anthracene4 7xi7 ,fluoranthene4 7xii7 ,fluorene4 7xiii7 ,indeno7#a1b1c-;cd7pyrene4 7xiv7 ,naphthalene4 7xv7 ,phenanthrene4 7xvi7 ,pyrene4 7,c7 ,volatile organic compounds 7,v,o,cs71 including the following3 7i7 ,acetone4 7ii7 ,acrolein4 7iii7 ,benzene4 7iv7 ,carbon ,disulfide4 7v7 ,chlorodifluoromethane4 7vi7 ,chloromethane4 7vii7 ,ethylbenzene4 7viii7 ,hexane4 7ix7 ,hexachlorobutadiene4 7x7 m_/p-,xylene4 7xi7 ,methylene ,chloride4 7xii7 ,pentane4 7xiii7 ,propylene4 7xiv7 ,styrene4 7xv7 ,toluene4 7,d7 ,toxic organic halogenated dioxins and furans 7dioxins71 including the following3 7i7 #a1b1c1d1f1g1h ,,hpcdd4 7ii7 #a1b1c1d1f1g1h ,,hpcdf4 7iii7 #a1b1c1d1g1h1i ,,hpcdf4 7iv7 #a1b1c1d1g1h ,,hxcdd4 7v7 #a1b1c1d1g1h ,,hxcdf4 7vi7 #a1b1c1f1g1h ,,hxcdd4 7vii7 #a1b1c1f1g1h ,,hxcdf4 7viii7 #a1b1c1g1h1i ,,hxcdd4 7ix7 #a1b1c1g1h1i ,,hxcdf4 7x7 #a1b1c1g1h ,,pecdd4 7xi7 #a1b1c1g1h ,,pecdf4 7xii7 #b1c1d1f1g1h ,,hxcdf4 7xiii7 #b1c1d1g1h ,,pecdf4 7xiv7 #b1c1g1h ,,tcdd4 7xv7 #b1c1g1h ,,tcdf4 7xvi7 octachlorodibenzodioxin4 7xvii7 octachlorodibenzofuran4 7,e7 ,such other toxins1 chemicals1 and airborne hazards as the ,secretary1 in collaboration with the ,secretary of ,defense1 may add under paragraph 7#b74 7#b7 ,the ,secretary may add to or remove from the list under paragraph 7#a7 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 #bjai1 and not less frequently than once every two years thereafter4 7d7 ,medical examinations and medical opinions 7#a7 ,if a veteran described in subsection 7a7 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 7b7 and such evidence is not sufficient to establish a service connection for the disability1 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 toxin1 chemical1 or hazard set listed in subsection 7c74 7#b7 ,when providing the ,secretary with a medical opinion requested under paragraph 7#a71 the provider shall consider the total potential exposure through all applicable military deployments1 and the synergistic effect of all combined toxins through inhalation1 dermal exposure1 and ingestion4 7e7 ,definition of burn pit ,in this section1 the term burn pit means an area of land that is used for disposal of solid waste by burning in the outdoor air4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #aa of such title is amended by inserting after the item relating to section #aaah the following new item3 #aaai4 ,concession of exposure to airborne hazards and toxins from burn pits4 4 #a4 ,short title ,this ,act may be cited as the ,veterans ,burn ,pits ,exposure ,recognition ,act of #bjbj4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress makes the following findings3 7#a7 ,the health of some members of the ,armed ,forces and veterans who served in certain locations1 often multiple times1 may have been affected by their service near burn pits4 7#b7 ,determining the location of burn pits1 and the scope of health effects associated to exposure1 remains the subject of much investigation and research by the ,department of ,veterans ,affairs1 the ,department of ,defense1 other government agencies1 and the ,national ,academies of ,sciences1 ,engineering1 and ,medicine4 7#c7 ,the locations of burn pits used by the ,department of ,defense and partnered armed forces1 and the possible health effects associated by their use1 may never be completely known1 as-- 7,a7 some location and air and soil quality data is fragmentary2 and 7,b7 the research involved with establishing links between burn pit exposure and health conditions by necessity is complex1 years in length1 and in the end1 in some cases1 inconclusive4 7#d7 ,in the interim1 though1 some veterans have already been adversely affected by their exposure to burn pits1 and their claims to certain benefits furnished by the ,department of ,veterans ,affairs can be reviewed on a case-by-case basis4 7#e7 ,when filing a claim for certain benefits furnished by the ,department of ,veterans ,affairs1 the application requires that each veteran show evidence of their exposure to burn pits1 however if the evidence of exposure to burn pits is not provided1 the claim is often denied4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 if it is determined that a veteran was deployed to a covered location during a certain period1 the ,secretary of ,veterans ,affairs should concede that the member or veteran was exposed to certain toxic substances1 chemicals1 and hazards2 7#b7 a concession of exposure as described in paragraph 7#a7 should not alone be sufficient to entitle one to health care or disability compensation under laws administered by the ,secretary of ,veterans ,affairs2 7#c7 the ,department of ,veterans ,affairs1 the ,department of ,defense1 and other relevant agencies should make information regarding burn pit locations immediately available to the public1 with appropriate caveats to its completeness and need for potential future revision2 and 7#d7 the earliest possible period for which the ,secretary of ,veterans ,affairs should make concessions as described in paragraph 7#a7 should begin on ,august #b1 #aiij4 #c4 ,concession of exposure to airborne hazards and toxic substances from ,department of ,defense and partnered armed forces burn pits 7a7 ,concession required 7#a7 ,in general ,subchapter ,,ii of chapter #aa of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #aaai4 ,concession of exposure to airborne hazards and toxic substances from burn pits 7a7 ,in general ,for purposes of section #aaaj and chapter #ag of this title1 any veteran who1 during active military1 naval1 or air service1 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 7b71 shall be considered to have been exposed to the toxic substances1 chemicals1 and hazards listed in subsection 7c74 7b7 ,covered locations and corresponding periods 7#a7 ,the covered locations and corresponding periods set forth under this subsection are as follows3 7,a7 ,iraq and the following periods3 7i7 ,the period beginning on ,august #b1 #aiij1 and ending on ,february #bh1 #aiia4 7ii7 ,the period beginning on ,march #ai1 #bjjc1 and ending on such date as the ,secretary determines burn pits are no longer used in ,iraq4 7,b7 ,the ,southwest ,asia ,theater of operations1 other than ,iraq1 and the period beginning on ,august #b1 #aiij1 and ending on such date as the ,secretary determines burn pits are no longer used in such location1 including the following3 7i7 ,kuwait4 7ii7 ,saudi ,arabia4 7iii7 ,oman4 7iv7 ,qatar4 7,c7 ,afghanistan and the period beginning on ,september #aa1 #bjja1 and ending on such date as the ,secretary determines burn pits are no longer used in ,afghanistan4 7,d7 ,djibouti and the period beginning on ,september #aa1 #bjja1 and ending on such date as the ,secretary determines burn pits are no longer used in ,djibouti4 7,e7 ,syria and the period beginning on ,september #aa1 #bjja1 and ending on such date as the ,secretary determines burn pits are no longer used in ,syria4 7,f7 ,jordan and the period beginning on ,september #aa1 #bjja1 and ending on such date as the ,secretary determines burn pits are no longer used in ,jordan4 7,g7 ,egypt and the period beginning on ,september #aa1 #bjja1 and ending on such date as the ,secretary determines burn pits are no longer used in ,egypt4 7,h7 ,lebanon and the period beginning on ,september #aa1 #bjja1 and ending on such date as the ,secretary determines burn pits are no longer used in ,lebanon4 7,i7 ,yemen and the period beginning on ,september #aa1 #bjja1 and ending on such date as the ,secretary determines burn pits are no longer used in ,yemen4 7,j7 ,such other locations as are set forth by the ,airborne ,hazards and ,open ,burn ,pit ,registry established under section #bja of the ,dignified ,burial and ,other ,veterans' ,benefits ,improvement ,act of #bjab 7,public ,law #aab-bfj2 #ch ,u4,s4,c4 #ebg note7 and corresponding periods set forth in such registry4 7,k7 ,such other locations and corresponding periods as the ,secretary1 in collaboration with the ,secretary of ,defense1 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 #bjbj and not less frequently than once every two years thereafter4 7#b7 ,a location set forth under this subsection shall not include any body of water around or any airspace above such location4 7c7 ,toxic substances1 chemicals1 airborne hazards 7#a7 ,subject to paragraph 7#b71 the toxic substances1 chemicals1 and airborne hazards listed in this subsection are as follows3 7,a7 ,particulate matter1 including the following3 7i7 ,,pm-#aj4 7ii7 ,,pm-#b4e4 7,b7 ,polycyclic aromatic hydrocarbons 7,p,a,hs71 including the following3 7i7 ,acenaphthene4 7ii7 ,acenaphthylene4 7iii7 ,anthracene4 7iv7 ,benzo7a7anthracene4 7v7 ,benzo7a7pyrene4 7vi7 ,benzo7b7fluoroanthene4 7vii7 ,benzo7g1h1i7perylene4 7viii7 ,benzo7k7fluoroanthene4 7ix7 ,chrysene4 7x7 ,dibenz7a1h7anthracene4 7xi7 ,fluoranthene4 7xii7 ,fluorene4 7xiii7 ,indeno7#a1b1c-;cd7pyrene4 7xiv7 ,naphthalene4 7xv7 ,phenanthrene4 7xvi7 ,pyrene4 7,c7 ,volatile organic compounds 7,v,o,cs71 including the following3 7i7 ,acetone4 7ii7 ,acrolein4 7iii7 ,benzene4 7iv7 ,carbon ,disulfide4 7v7 ,chlorodifluoromethane4 7vi7 ,chloromethane4 7vii7 ,ethylbenzene4 7viii7 ,hexane4 7ix7 ,hexachlorobutadiene4 7x7 m_/p-,xylene4 7xi7 ,methylene ,chloride4 7xii7 ,pentane4 7xiii7 ,propylene4 7xiv7 ,styrene4 7xv7 ,toluene4 7,d7 ,toxic organic halogenated dioxins and furans 7dioxins71 including the following3 7i7 #a1b1c1d1f1g1h ,,hpcdd4 7ii7 #a1b1c1d1f1g1h ,,hpcdf4 7iii7 #a1b1c1d1g1h1i ,,hpcdf4 7iv7 #a1b1c1d1g1h ,,hxcdd4 7v7 #a1b1c1d1g1h ,,hxcdf4 7vi7 #a1b1c1f1g1h ,,hxcdd4 7vii7 #a1b1c1f1g1h ,,hxcdf4 7viii7 #a1b1c1g1h1i ,,hxcdd4 7ix7 #a1b1c1g1h1i ,,hxcdf4 7x7 #a1b1c1g1h ,,pecdd4 7xi7 #a1b1c1g1h ,,pecdf4 7xii7 #b1c1d1f1g1h ,,hxcdf4 7xiii7 #b1c1d1g1h ,,pecdf4 7xiv7 #b1c1g1h ,,tcdd4 7xv7 #b1c1g1h ,,tcdf4 7xvi7 octachlorodibenzodioxin4 7xvii7 octachlorodibenzofuran4 7,e7 ,such other toxic substances1 chemicals1 and airborne hazards as the ,secretary1 in collaboration with the ,secretary of ,defense1 may add under paragraph 7#b74 7#b7 ,the ,secretary may add to or remove from the list under paragraph 7#a7 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 #bjbj1 and not less frequently than once every two years thereafter4 7d7 ,medical examinations and medical opinions 7#a7 ,if a veteran described in subsection 7a7 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 7b7 and such evidence is not sufficient to establish a service connection for the disability1 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 substance1 chemical1 or hazard set listed in subsection 7c74 7#b7 ,when providing the ,secretary with a medical opinion requested under paragraph 7#a71 the provider shall consider the total potential exposure through all applicable military deployments1 and the synergistic effect of all combined toxic substances through inhalation1 dermal exposure1 and ingestion4 7e7 ,definition of burn pit ,in this section1 the term burn pit means an area of land that is used for disposal of solid waste by burning in the outdoor air4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #aa of such title is amended by inserting after the item relating to section #aaah the following new item3 #aaai4 ,concession of exposure to airborne hazards and toxic substances from burn pits4 4 7b7 ,reports 7#a7 ,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 follows3 7,a7 ,not later than #fj days after the date of the enactment of this ,act1 a report covering the one-year period preceding the date of the enactment of this ,act4 7,b7 ,not later than #dbe days after the date of the enactment of this ,act1 a report covering the one-year period beginning on the date of the enactment of this ,act4 7,c7 ,not later than #gij days after the date of the enactment of this ,act1 a report covering the one-year period beginning on the date that is one year after the date of the enactment of this ,act4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include1 for the period covered by the report and disaggregated by each of the categories set forth under paragraph 7#c71 the following3 7,a7 ,total number of claims filed for compensation under chapters #aa and #ac of title #ch1 ,united ,states ,code4 7,b7 ,total number of such claims for which the ,secretary provided medical examinations4 7,c7 ,the current status of such claims1 disaggregated by the following3 7i7 ,total claims pending a decision4 7ii7 ,total claims granted4 7iii7 ,total claims denied for which the claimant took no further action4 7iv7 ,total claims denied for which the claimant filed a supplemental claim4 7v7 ,total claims denied for which the claimant requested a higher level review4 7vi7 ,total claims denied for which the claimant filed an appeal to the ,board of ,veterans' ,appeals4 7#c7 ,categories ,the categories set forth under this paragraph are as follows3 7,a7 ,claims for compensation under chapters #aa and #ac of title #ch1 ,united ,states ,code4 7,b7 ,claims involving exposure to a toxic substance1 chemical1 or hazard listed in subsection 7c7 of section #aaai of title #ch1 ,united ,states ,code1 as added by subsection 7a77#a71 during active military1 naval1 or air service in support of a contingency operation in a covered location during a corresponding period set forth under subsection 7b7 of such section4 7#d7 ,public access to reports ,the ,secretary shall make each report required by paragraph 7#a7 available to the public1 including by publishing the reports on a publicly accessible page of the website of the ,department of ,veterans ,affairs4 ,september #ae1 #bjbj,reported with an amendment