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 addi-
tion to the Committee on Armed Services, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions 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. 
Be it enacted by the Senate and House of Representa-
tives 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 find-
ings: 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
(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 air-
borne hazards. 
(2) Determining the location of burn pits, and 
the scope of health effects associated to exposure, re-
mains the subject of much investigation, research, 
and good faith efforts by the Department of Vet-
erans Affairs, the Department of Defense, other gov-
ernment agencies, and the National Academies of 
Sciences, Engineering, and Medicine. 
(3) The locations of burn pits used by the De-
partment 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 con-
ditions 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 Air-
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
borne Hazards Exposures in the Southwest Asia 
Theater of Military Operations’’ concludes that the 
available evidence does not allow a definitive deter-
mination to be made about any potential association 
between airborne hazards in the theater and numer-
ous respiratory health outcomes. The report charac-
terizes existing research as inadequate, and advises 
that additional research be done, including longitu-
dinal 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 fur-
nished by the Department of Veterans Affairs can 
be reviewed on a case-by-case basis. 
(6) When filing a claim for certain benefits fur-
nished by the Department of Veterans Affairs, the 
application requires that each veteran show evidence 
of their exposure to burn pits, however if the evi-
dence of exposure to burn pits is not provided, the 
claim is often denied. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) if it is determined that a veteran was de-
ployed to a covered location during a certain period, 
the Secretary of Veterans Affairs should concede 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
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 enti-
tle one to health care or disability compensation 
under laws administered by the Secretary of Vet-
erans Affairs; 
(3) the Department of Veterans Affairs, the 
Department of Defense, and other relevant agencies 
should make information regarding burn pit loca-
tions immediately available to the public, with appro-
priate caveats to its completeness and need for po-
tential future revision; and 
(4) the earliest possible period for which the 
Secretary of Veterans Affairs should make conces-
sions as described in paragraph (1) should begin on 
August 2, 1990. 
SEC. 3. CONCESSION OF EXPOSURE TO AIRBORNE HAZ-
ARDS AND TOXIC SUBSTANCES FROM DE-
PARTMENT 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 add-
ing at the end the following new section: 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
‘‘§ 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 cor-
responding 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 haz-
ards 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 oper-
ations, other than Iraq, and the period beginning on 
August 2, 1990, and ending on such date as the 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
Secretary determines burn pits are no longer used in 
such location, including the following: 
‘‘(i) Kuwait. 
‘‘(ii) Saudi Arabia. 
‘‘(iii) Oman. 
‘‘(iv) Qatar. 
‘‘(C) Somalia and the period beginning on Au-
gust 2, 1990, and ending on such date as the Sec-
retary determines burn pits are no longer used in 
Somalia. 
‘‘(D) 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. 
‘‘(E) Djibouti and the period beginning on Sep-
tember 11, 2001, and ending on such date as the 
Secretary determines burn pits are no longer used in 
Djibouti. 
‘‘(F) Syria and the period beginning on Sep-
tember 11, 2001, and ending on such date as the 
Secretary determines burn pits are no longer used in 
Syria. 
‘‘(G) Jordan and the period beginning on Sep-
tember 11, 2001, and ending on such date as the 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
Secretary determines burn pits are no longer used in 
Jordan. 
‘‘(H) Egypt and the period beginning on Sep-
tember 11, 2001, and ending on such date as the 
Secretary determines burn pits are no longer used in 
Egypt. 
‘‘(I) Lebanon and the period beginning on Sep-
tember 11, 2001, and ending on such date as the 
Secretary determines burn pits are no longer used in 
Lebanon. 
‘‘(J) Yemen and the period beginning on Sep-
tember 11, 2001, and ending on such date as the 
Secretary determines burn pits are no longer used in 
Yemen. 
‘‘(K) Uzbekistan and the period beginning on 
September 11, 2001, and ending on such date as the 
Secretary determines burn pits are no longer used in 
Uzbekistan. 
‘‘(L) The Philippines and the period beginning 
on September 11, 2001, and ending on such date as 
the Secretary determines burn pits are no longer 
used in the Philippines. 
‘‘(M) Such other locations as are set forth by 
the Airborne Hazards and Open Burn Pit Registry 
established under section 201 of the Dignified Bur-
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
ial 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. 
‘‘(N) 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 sub-
mit to Congress not later than two years after the 
date of the enactment of the Veterans Burn Pits Ex-
posure Recognition Act of 2021 and not less fre-
quently 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 sub-
stances, chemicals, and airborne hazards listed in this sub-
section are as follows: 
‘‘(A) Particulate matter, including the fol-
lowing: 
‘‘(i) PM-10. 
‘‘(ii) PM-2.5. 
‘‘(B) Polycyclic aromatic hydrocarbons (PAHs), 
including the following: 
‘‘(i) Acenaphthene. 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
‘‘(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), in-
cluding the following: 
‘‘(i) Acetone. 
‘‘(ii) Acrolein. 
‘‘(iii) Benzene. 
‘‘(iv) Carbon Disulfide. 
‘‘(v) Chlorodifluoromethane. 
‘‘(vi) Chloromethane. 
‘‘(vii) Ethylbenzene. 
‘‘(viii) Hexane. 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
‘‘(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. 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
‘‘(xvii) octachlorodibenzofuran. 
‘‘(E) Such other toxic substances, chemicals, 
and airborne hazards as the Secretary, in collabora-
tion 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 ap-
propriate in a report the Secretary shall submit to Con-
gress not later than two years after the date of the enact-
ment 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 OPIN-
IONS.—(1) If a veteran described in subsection (a) sub-
mits to the Secretary a claim for compensation for a serv-
ice-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 suffi-
cient to establish a service connection for the disability, 
the Secretary shall provide the veteran with a medical ex-
amination and the Secretary shall request a medical opin-
ion 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 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
consider the total potential exposure through all applicable 
military deployments, and the synergistic effect of all com-
bined toxic substances through inhalation, dermal expo-
sure, 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 manufac-
tured incinerator or other equipment specifically de-
signed and manufactured for the burning of solid 
waste.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 11 of such title is 
amended by inserting after the item relating to sec-
tion 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 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
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 cat-
egories 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. 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
(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 compensa-
tion 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, in-
volving 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 ac-
tive 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 Sec-
retary shall make each report required by paragraph 
(1) available to the public, including by publishing 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS
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. 
Æ 
VerDate Sep 11 2014 
08:47 May 28, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H2436.IH
H2436
kjohnson on DSK79L0C42PROD with BILLS