I 

117TH CONGRESS 

1ST SESSION H. R. 2436 

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 HOUSE OF REPRESENTATIVES 

APRIL 8, 2021 

Ms. SLOTKIN (for herself and Mr. MEIJER) introduced the following bill; 

which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Burn Pits 

5 Exposure Recognition Act of 2021’’. 

6 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 


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1 (1) The health of some members of the Armed 

2 Forces and veterans who served in certain locations, 

3 often multiple times, may have been affected by 

4 their service near burn pits and other sources of air5 borne hazards. 

6 (2) Determining the location of burn pits, and 

7 the scope of health effects associated to exposure, re8 mains the subject of much investigation, research, 

9 and good faith efforts by the Department of Vet10 erans Affairs, the Department of Defense, other gov11 ernment agencies, and the National Academies of 

12 Sciences, Engineering, and Medicine. 

13 (3) The locations of burn pits used by the De14 partment of Defense and partnered armed forces, 

15 and the possible health effects associated by their 

16 use, may never be completely known, as— 

17 (A) some location and air and soil quality 

18 data is fragmentary; and 

19 (B) the research involved with establishing 

20 links between burn pit exposure and health con21 ditions by necessity is complex, years in length, 

22 and in the end, in some cases, inconclusive. 

23 (4) The September 2020 National Academies of 

24 Sciences, Engineering and Medicine consensus study 

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1 borne Hazards Exposures in the Southwest Asia 

2 Theater of Military Operations’’ concludes that the 

3 available evidence does not allow a definitive deter4 mination to be made about any potential association 

5 between airborne hazards in the theater and numer6 ous respiratory health outcomes. The report charac7 terizes existing research as inadequate, and advises 

8 that additional research be done, including longitu9 dinal studies that by design take years. 

10 (5) In the interim, though, some veterans have 

11 already been adversely affected by their exposure to 

12 burn pits, and their claims to certain benefits fur13 nished by the Department of Veterans Affairs can 

14 be reviewed on a case-by-case basis. 

15 (6) When filing a claim for certain benefits fur16 nished by the Department of Veterans Affairs, the 

17 application requires that each veteran show evidence 

18 of their exposure to burn pits, however if the evi19 dence of exposure to burn pits is not provided, the 

20 claim is often denied. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) if it is determined that a veteran was de24 ployed to a covered location during a certain period, 

25 the Secretary of Veterans Affairs should concede 


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1 that the member or veteran was exposed to certain 

2 toxic substances, chemicals, and hazards; 

3 (2) a concession of exposure as described in 

4 paragraph (1) should not alone be sufficient to enti5 tle one to health care or disability compensation 

6 under laws administered by the Secretary of Vet7 erans Affairs; 

8 (3) the Department of Veterans Affairs, the 

9 Department of Defense, and other relevant agencies 

10 should make information regarding burn pit loca11 tions immediately available to the public, with appro12 priate caveats to its completeness and need for po13 tential future revision; and 

14 (4) the earliest possible period for which the 

15 Secretary of Veterans Affairs should make conces16 sions as described in paragraph (1) should begin on 

17 August 2, 1990. 

18 SEC. 3. CONCESSION OF EXPOSURE TO AIRBORNE HAZ19 ARDS AND TOXIC SUBSTANCES FROM DE20 PARTMENT OF DEFENSE AND PARTNERED 

21 ARMED FORCES BURN PITS. 

22 (a) CONCESSION REQUIRED.— 

23 (1) IN GENERAL.—Subchapter II of chapter 11 

24 of title 38, United States Code, is amended by add25 ing at the end the following new section: 


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1 ‘‘§ 1119. Concession of exposure to airborne hazards 

2 and toxic substances from burn pits 

3 ‘‘(a) IN GENERAL.—For purposes of section 1110 

4 and chapter 17 of this title, any veteran who, during active 

5 military, naval, or air service, was deployed in support of 

6 a contingency operation while so serving and as part of 

7 such deployment served in a covered location during a cor8 responding period set forth under subsection (b), shall be 

9 considered to have been exposed to the toxic substances, 

10 chemicals, and hazards listed in subsection (c), unless 

11 there is affirmative evidence to establish that the veteran 

12 was not exposed to any such substances, chemicals, or haz13 ards during that service. 

14 ‘‘(b) COVERED LOCATIONS AND CORRESPONDING

15 PERIODS.—(1) The covered locations and corresponding 

16 periods set forth under this subsection are as follows: 

17 ‘‘(A) Iraq and the following periods: 

18 ‘‘(i) The period beginning on August 2, 

19 1990, and ending on February 28, 1991. 

20 ‘‘(ii) The period beginning on March 19, 

21 2003, and ending on such date as the Secretary 

22 determines burn pits are no longer used in Iraq. 

23 ‘‘(B) The Southwest Asia Theater of oper24 ations, other than Iraq, and the period beginning on 

25 August 2, 1990, and ending on such date as the 


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1 Secretary determines burn pits are no longer used in 

2 such location, including the following: 

3 ‘‘(i) Kuwait. 

4 ‘‘(ii) Saudi Arabia. 

5 ‘‘(iii) Oman. 

6 ‘‘(iv) Qatar. 

7 ‘‘(C) Somalia and the period beginning on Au8 gust 2, 1990, and ending on such date as the Sec9 retary determines burn pits are no longer used in 

10 Somalia. 

11 ‘‘(D) 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 ‘‘(E) Djibouti and the period beginning on Sep16 tember 11, 2001, and ending on such date as the 

17 Secretary determines burn pits are no longer used in 

18 Djibouti. 

19 ‘‘(F) Syria and the period beginning on Sep20 tember 11, 2001, and ending on such date as the 

21 Secretary determines burn pits are no longer used in 

22 Syria. 

23 ‘‘(G) Jordan and the period beginning on Sep24 tember 11, 2001, and ending on such date as the 


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1 Secretary determines burn pits are no longer used in 

2 Jordan. 

3 ‘‘(H) Egypt and the period beginning on Sep4 tember 11, 2001, and ending on such date as the 

5 Secretary determines burn pits are no longer used in 

6 Egypt. 

7 ‘‘(I) Lebanon and the period beginning on Sep8 tember 11, 2001, and ending on such date as the 

9 Secretary determines burn pits are no longer used in 

10 Lebanon. 

11 ‘‘(J) Yemen and the period beginning on Sep12 tember 11, 2001, and ending on such date as the 

13 Secretary determines burn pits are no longer used in 

14 Yemen. 

15 ‘‘(K) Uzbekistan and the period beginning on 

16 September 11, 2001, and ending on such date as the 

17 Secretary determines burn pits are no longer used in 

18 Uzbekistan. 

19 ‘‘(L) The Philippines and the period beginning 

20 on September 11, 2001, and ending on such date as 

21 the Secretary determines burn pits are no longer 

22 used in the Philippines. 

23 ‘‘(M) Such other locations as are set forth by 

24 the Airborne Hazards and Open Burn Pit Registry 

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1 ial and Other Veterans’ Benefits Improvement Act 

2 of 2012 (Public Law 112–260; 38 U.S.C. 527 note) 

3 and corresponding periods set forth in such registry. 

4 ‘‘(N) Such other locations and corresponding 

5 periods as the Secretary, in collaboration with the 

6 Secretary of Defense, may determine appropriate in 

7 a report the Secretary of Veterans Affairs shall sub8 mit to Congress not later than two years after the 

9 date of the enactment of the Veterans Burn Pits Ex10 posure Recognition Act of 2021 and not less fre11 quently than once every two years thereafter. 

12 ‘‘(2) A location set forth under this subsection shall 

13 not include any body of water around or any airspace 

14 above such location. 

15 ‘‘(c) TOXIC SUBSTANCES, CHEMICALS, AIRBORNE

16 HAZARDS.—(1) Subject to paragraph (2), the toxic sub17 stances, chemicals, and airborne hazards listed in this sub18 section are as follows: 

19 ‘‘(A) Particulate matter, including the fol20 lowing: 

21 ‘‘(i) PM-10. 

22 ‘‘(ii) PM-2.5. 

23 ‘‘(B) Polycyclic aromatic hydrocarbons (PAHs), 

24 including the following: 

25 ‘‘(i) Acenaphthene. 


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1 ‘‘(ii) Acenaphthylene. 

2 ‘‘(iii) Anthracene. 

3 ‘‘(iv) Benzo(a)anthracene. 

4 ‘‘(v) Benzo(a)pyrene. 

5 ‘‘(vi) Benzo(b)fluoroanthene. 

6 ‘‘(vii) Benzo(g,h,i)perylene. 

7 ‘‘(viii) Benzo(k)fluoroanthene. 

8 ‘‘(ix) Chrysene. 

9 ‘‘(x) Dibenz(a,h)anthracene. 

10 ‘‘(xi) Fluoranthene. 

11 ‘‘(xii) Fluorene. 

12 ‘‘(xiii) Indeno(1,2,3-cd)pyrene. 

13 ‘‘(xiv) Naphthalene. 

14 ‘‘(xv) Phenanthrene. 

15 ‘‘(xvi) Pyrene. 

16 ‘‘(C) Volatile organic compounds (VOCs), in17 cluding the following: 

18 ‘‘(i) Acetone. 

19 ‘‘(ii) Acrolein. 

20 ‘‘(iii) Benzene. 

21 ‘‘(iv) Carbon Disulfide. 

22 ‘‘(v) Chlorodifluoromethane. 

23 ‘‘(vi) Chloromethane. 

24 ‘‘(vii) Ethylbenzene. 

25 ‘‘(viii) Hexane. 


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1 ‘‘(ix) Hexachlorobutadiene. 

2 ‘‘(x) m/p-Xylene. 

3 ‘‘(xi) Methylene Chloride. 

4 ‘‘(xii) Pentane. 

5 ‘‘(xiii) Propylene. 

6 ‘‘(xiv) Styrene. 

7 ‘‘(xv) Toluene. 

8 ‘‘(D) Toxic organic halogenated dioxins and 

9 furans (dioxins), including the following: 

10 ‘‘(i) 1,2,3,4,6,7,8 HPCDD. 

11 ‘‘(ii) 1,2,3,4,6,7,8 HPCDF. 

12 ‘‘(iii) 1,2,3,4,7,8,9 HPCDF. 

13 ‘‘(iv) 1,2,3,4,7,8 HXCDD. 

14 ‘‘(v) 1,2,3,4,7,8 HXCDF. 

15 ‘‘(vi) 1,2,3,6,7,8 HXCDD. 

16 ‘‘(vii) 1,2,3,6,7,8 HXCDF. 

17 ‘‘(viii) 1,2,3,7,8,9 HXCDD. 

18 ‘‘(ix) 1,2,3,7,8,9 HXCDF. 

19 ‘‘(x) 1,2,3,7,8 PECDD. 

20 ‘‘(xi) 1,2,3,7,8 PECDF. 

21 ‘‘(xii) 2,3,4,6,7,8 HXCDF. 

22 ‘‘(xiii) 2,3,4,7,8 PECDF. 

23 ‘‘(xiv) 2,3,7,8 TCDD. 

24 ‘‘(xv) 2,3,7,8 TCDF. 

25 ‘‘(xvi) octachlorodibenzodioxin. 


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1 ‘‘(xvii) octachlorodibenzofuran. 

2 ‘‘(E) Such other toxic substances, chemicals, 

3 and airborne hazards as the Secretary, in collabora4 tion with the Secretary of Defense, may add under 

5 paragraph (2). 

6 ‘‘(2) The Secretary may add to or remove from the 

7 list under paragraph (1) as the Secretary determines ap8 propriate in a report the Secretary shall submit to Con9 gress not later than two years after the date of the enact10 ment of the Veterans Burn Pits Exposure Recognition Act 

11 of 2021, and not less frequently than once every two years 

12 thereafter. 

13 ‘‘(d) MEDICAL EXAMINATIONS AND MEDICAL OPIN14 IONS.—(1) If a veteran described in subsection (a) sub15 mits to the Secretary a claim for compensation for a serv16 ice-connected disability with evidence of a disability and 

17 service in a covered location and corresponding period set 

18 forth under subsection (b) and such evidence is not suffi19 cient to establish a service connection for the disability, 

20 the Secretary shall provide the veteran with a medical ex21 amination and the Secretary shall request a medical opin22 ion as to any causal link between the disability and a toxic 

23 substance, chemical, or hazard set listed in subsection (c). 

24 ‘‘(2) When providing the Secretary with a medical 

25 opinion requested under paragraph (1), the provider shall 


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1 consider the total potential exposure through all applicable 

2 military deployments, and the synergistic effect of all com3 bined toxic substances through inhalation, dermal expo4 sure, and ingestion. 

5 ‘‘(e) DEFINITION OF BURN PIT.—In this section, the 

6 term ‘burn pit’ means an area of land that— 

7 ‘‘(1) is designated by the Secretary of Defense 

8 to be used for disposing solid waste by burning in 

9 the outdoor air; and 

10 ‘‘(2) does not contain a commercially manufac11 tured incinerator or other equipment specifically de12 signed and manufactured for the burning of solid 

13 waste.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 11 of such title is 

16 amended by inserting after the item relating to sec17 tion 1118 the following new item: 

‘‘1119. Concession of exposure to airborne hazards and toxic substances from 

burn pits.’’. 

18 (b) REPORTS.— 

19 (1) REPORTS REQUIRED.—The Secretary shall 

20 submit to the Committee on Veterans’ Affairs of the 

21 Senate and Committee on Veterans’ Affairs of the 

22 House of Representatives reports as follows: 

23 (A) Not later than 60 days after the date 

24 of the enactment of this Act, a report covering 


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1 the one-year period preceding the date of the 

2 enactment of this Act. 

3 (B) Not later than 425 days after the date 

4 of the enactment of this Act, a report covering 

5 the one-year period beginning on the date of the 

6 enactment of this Act. 

7 (C) Not later than 790 days after the date 

8 of the enactment of this Act, a report covering 

9 the one-year period beginning on the date that 

10 is one year after the date of the enactment of 

11 this Act. 

12 (2) CONTENTS.—Each report submitted under 

13 paragraph (1) shall include, for the period covered 

14 by the report and disaggregated by each of the cat15 egories set forth under paragraph (3), the following: 

16 (A) Total number of claims completed for 

17 compensation under chapter 11 of title 38, 

18 United States Code. 

19 (B) Total number of such completed 

20 claims for which the Secretary provided medical 

21 examinations. 

22 (C) The current status of such completed 

23 claims, disaggregated by the following: 

24 (i) Total claims granted. 


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1 (ii) Total claims denied for which the 

2 claimant took no further action. 

3 (iii) Total claims denied for which the 

4 claimant filed a supplemental claim. 

5 (iv) Total claims denied for which the 

6 claimant requested a higher level review. 

7 (v) Total claims denied for which the 

8 claimant filed an appeal to the Board of 

9 Veterans’ Appeals. 

10 (D) Total number of claims for compensa11 tion under chapter 11 of such title pending a 

12 decision. 

13 (3) CATEGORIES.—The categories set forth 

14 under this paragraph are claims for compensation 

15 under chapter 11 of title 38, United States Code, in16 volving exposure to a toxic substance, chemical, or 

17 hazard listed in subsection (c) of section 1119 of 

18 such title, as added by subsection (a)(1), during ac19 tive military, naval, or air service in support of a 

20 contingency operation in a covered location during a 

21 corresponding period set forth under subsection (b) 

22 of such section. 

23 (4) PUBLIC ACCESS TO REPORTS.—The Sec24 retary shall make each report required by paragraph 

25 (1) available to the public, including by publishing 


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1 the reports on a publicly accessible page of the 

2 website of the Department of Veterans Affairs, along 

3 with such additional information or comments as the 

4 Secretary considers appropriate to provide context 

5 for the report. 

Æ 


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