II 

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. 

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 

25 report entitled ‘‘Respiratory Health Effects of AirVerDate Sep 11 2014 23:59 Mar 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S437.IS S437

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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) Afghanistan and the period beginning on 

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

9 Secretary determines burn pits are no longer used in 

10 Afghanistan. 

11 ‘‘(D) Djibouti 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 Djibouti. 

15 ‘‘(E) Syria 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 Syria. 

19 ‘‘(F) Jordan 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 Jordan. 

23 ‘‘(G) Egypt 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 Egypt. 

3 ‘‘(H) Lebanon and the period beginning on 

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

5 Secretary determines burn pits are no longer used in 

6 Lebanon. 

7 ‘‘(I) Yemen 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 Yemen. 

11 ‘‘(J) Such other locations as are set forth by 

12 the Airborne Hazards and Open Burn Pit Registry 

13 established under section 201 of the Dignified Bur14 ial and Other Veterans’ Benefits Improvement Act 

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

16 and corresponding periods set forth in such registry. 

17 ‘‘(K) Such other locations and corresponding 

18 periods as the Secretary, in collaboration with the 

19 Secretary of Defense, may determine appropriate in 

20 a report the Secretary of Veterans Affairs shall sub21 mit to Congress not later than two years after the 

22 date of the enactment of the Veterans Burn Pits Ex23 posure Recognition Act of 2021 and not less fre24 quently than once every two years thereafter. 


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

2 not include any body of water around or any airspace 

3 above such location. 

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

5 HAZARDS.—(1) Subject to paragraph (2), the toxic sub6 stances, chemicals, and airborne hazards listed in this sub7 section are as follows: 

8 ‘‘(A) Particulate matter, including the fol9 lowing: 

10 ‘‘(i) PM-10. 

11 ‘‘(ii) PM-2.5. 

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

13 including the following: 

14 ‘‘(i) Acenaphthene. 

15 ‘‘(ii) Acenaphthylene. 

16 ‘‘(iii) Anthracene. 

17 ‘‘(iv) Benzo(a)anthracene. 

18 ‘‘(v) Benzo(a)pyrene. 

19 ‘‘(vi) Benzo(b)fluoroanthene. 

20 ‘‘(vii) Benzo(g,h,i)perylene. 

21 ‘‘(viii) Benzo(k)fluoroanthene. 

22 ‘‘(ix) Chrysene. 

23 ‘‘(x) Dibenz(a,h)anthracene. 

24 ‘‘(xi) Fluoranthene. 

25 ‘‘(xii) Fluorene. 


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1 ‘‘(xiii) Indeno(1,2,3-cd)pyrene. 

2 ‘‘(xiv) Naphthalene. 

3 ‘‘(xv) Phenanthrene. 

4 ‘‘(xvi) Pyrene. 

5 ‘‘(C) Volatile organic compounds (VOCs), in6 cluding the following: 

7 ‘‘(i) Acetone. 

8 ‘‘(ii) Acrolein. 

9 ‘‘(iii) Benzene. 

10 ‘‘(iv) Carbon Disulfide. 

11 ‘‘(v) Chlorodifluoromethane. 

12 ‘‘(vi) Chloromethane. 

13 ‘‘(vii) Ethylbenzene. 

14 ‘‘(viii) Hexane. 

15 ‘‘(ix) Hexachlorobutadiene. 

16 ‘‘(x) m/p-Xylene. 

17 ‘‘(xi) Methylene Chloride. 

18 ‘‘(xii) Pentane. 

19 ‘‘(xiii) Propylene. 

20 ‘‘(xiv) Styrene. 

21 ‘‘(xv) Toluene. 

22 ‘‘(D) Toxic organic halogenated dioxins and 

23 furans (dioxins), including the following: 

24 ‘‘(i) 1,2,3,4,6,7,8 HPCDD. 

25 ‘‘(ii) 1,2,3,4,6,7,8 HPCDF. 


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1 ‘‘(iii) 1,2,3,4,7,8,9 HPCDF. 

2 ‘‘(iv) 1,2,3,4,7,8 HXCDD. 

3 ‘‘(v) 1,2,3,4,7,8 HXCDF. 

4 ‘‘(vi) 1,2,3,6,7,8 HXCDD. 

5 ‘‘(vii) 1,2,3,6,7,8 HXCDF. 

6 ‘‘(viii) 1,2,3,7,8,9 HXCDD. 

7 ‘‘(ix) 1,2,3,7,8,9 HXCDF. 

8 ‘‘(x) 1,2,3,7,8 PECDD. 

9 ‘‘(xi) 1,2,3,7,8 PECDF. 

10 ‘‘(xii) 2,3,4,6,7,8 HXCDF. 

11 ‘‘(xiii) 2,3,4,7,8 PECDF. 

12 ‘‘(xiv) 2,3,7,8 TCDD. 

13 ‘‘(xv) 2,3,7,8 TCDF. 

14 ‘‘(xvi) octachlorodibenzodioxin. 

15 ‘‘(xvii) octachlorodibenzofuran. 

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

17 and airborne hazards as the Secretary, in collabora18 tion with the Secretary of Defense, may add under 

19 paragraph (2). 

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

21 list under paragraph (1) as the Secretary determines ap22 propriate in a report the Secretary shall submit to Con23 gress not later than two years after the date of the enact24 ment of the Veterans Burn Pits Exposure Recognition Act 


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

2 thereafter. 

3 ‘‘(d) MEDICAL EXAMINATIONS AND MEDICAL OPIN4 IONS.—(1) If a veteran described in subsection (a) sub5 mits to the Secretary a claim for compensation for a serv6 ice-connected disability with evidence of a disability and 

7 service in a covered location and corresponding period set 

8 forth under subsection (b) and such evidence is not suffi9 cient to establish a service connection for the disability, 

10 the Secretary shall provide the veteran with a medical ex11 amination and the Secretary shall request a medical opin12 ion as to any causal link between the disability and a toxic 

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

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

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

16 consider the total potential exposure through all applicable 

17 military deployments, and the synergistic effect of all com18 bined toxic substances through inhalation, dermal expo19 sure, and ingestion. 

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

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

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

23 to be used for disposing solid waste by burning in 

24 the outdoor air; and 


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1 ‘‘(2) does not contain a commercially manufac2 tured incinerator or other equipment specifically de3 signed and manufactured for the burning of solid 

4 waste.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 11 of such title is 

7 amended by inserting after the item relating to sec8 tion 1118 the following new item: 

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

burn pits.’’. 

9 (b) REPORTS.— 

10 (1) REPORTS REQUIRED.—The Secretary shall 

11 submit to the Committee on Veterans’ Affairs of the 

12 Senate and Committee on Veterans’ Affairs of the 

13 House of Representatives reports as follows: 

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

15 of the enactment of this Act, a report covering 

16 the one-year period preceding the date of the 

17 enactment of this Act. 

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

19 of the enactment of this Act, a report covering 

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

21 enactment of this Act. 

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

23 of the enactment of this Act, a report covering 

24 the one-year period beginning on the date that 


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1 is one year after the date of the enactment of 

2 this Act. 

3 (2) CONTENTS.—Each report submitted under 

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

5 by the report and disaggregated by each of the cat6 egories set forth under paragraph (3), the following: 

7 (A) Total number of claims completed for 

8 compensation under chapter 11 of title 38, 

9 United States Code. 

10 (B) Total number of such completed 

11 claims for which the Secretary provided medical 

12 examinations. 

13 (C) The current status of such completed 

14 claims, disaggregated by the following: 

15 (i) Total claims granted. 

16 (ii) Total claims denied for which the 

17 claimant took no further action. 

18 (iii) Total claims denied for which the 

19 claimant filed a supplemental claim. 

20 (iv) Total claims denied for which the 

21 claimant requested a higher level review. 

22 (v) Total claims denied for which the 

23 claimant filed an appeal to the Board of 

24 Veterans’ Appeals. 


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1 (D) Total number of claims for compensa2 tion under chapter 11 of such title pending a 

3 decision. 

4 (3) CATEGORIES.—The categories set forth 

5 under this paragraph are claims for compensation 

6 under chapter 11 of title 38, United States Code, in7 volving exposure to a toxic substance, chemical, or 

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

9 such title, as added by subsection (a)(1), during ac10 tive military, naval, or air service in support of a 

11 contingency operation in a covered location during a 

12 corresponding period set forth under subsection (b) 

13 of such section. 

14 (4) PUBLIC ACCESS TO REPORTS.—The Sec15 retary shall make each report required by paragraph 

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

17 the reports on a publicly accessible page of the 

18 website of the Department of Veterans Affairs, along 

19 with such additional information or comments as the 

20 Secretary considers appropriate to provide context 

21 for the report. 

Æ 


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