Without access to modern infrastructure, several United States military bases in Iraq, Afghanistan, and other areas have turned to open-air burn pits as a method of waste disposal.1 While burn pits may have been convenient, there is growing concern over how the pits’ fumes might be affecting the health of service members exposed during their service.2 As more service members register with the Airborne Hazards and Open Burn Pit Registry, concerns about the long-term health effects on service members who manned burn pits continue to mount. Veterans’ advocates have turned their attention from the courts (where burn pit litigation has slowed in the past year) to Congress. Burn pit-related issues have held the attention of several members of Congress, along with advocates like former Veterans Affairs Secretary David Shulkin and comedian Jon Stewart.3 Recently passed and proposed legislation show signs of progress towards gaining a better understanding of the risks of burn pit use and exposure, as well as how to address health risks and treatment options going forward.
November 02, 2020
The Call to Address Military Burn Pit Exposure Grows Louder
By Sean Znachko, Esq., Los Angeles, CA
The Airborne Hazards and Open Burn Pit Registry
The Airborne Hazards and Open Burn Pit Registry (Registry) is an online questionnaire created in 2014 and managed by the Department of Veterans Affairs (VA).4 The Registry allows participants to document exposure to burn pits during their military service and participate in an in-person medical exam.5 The Registry is available to veterans and service members who served in Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Desert Shield, Operation Desert Storm, Djibouti on or after September 11, 2001, and Southwest Asia on or after August 2, 1990.6 As of May 5, 2020, the Registry exceeded 200,000 entries, a rise the VA says was spurred by a letter sent by the Department of Defense (DOD) encouraging service members to participate.7 The increase of registrants and the DOD’s encouragement to use the Registry will help to create a more comprehensive record of burn pit exposure. This exposure record may prove to be extremely valuable, as Registry information could potentially be used to identify service members in need of additional medical or disability benefits as a result of their exposure during deployment.
Burn Pit Litigation
In January 2019, service members and civilian contract workers suing a military contractor for risks associated with burn pit exposure were dealt a blow when the United States Supreme Court denied review of their appeal in In re KBR Inc., Burn Pit Litigation.8 The U.S. District Court for the District of Maryland had previously dismissed the suit on the grounds that it was barred by the political question doctrine, a decision later affirmed by the Fourth Circuit Court of Appeals.9 Since the Supreme Court’s denial in KBR, advocates have focused their efforts on effecting change through legislation, rather than through the courts.
Burn Pit Legislation and Advocacy Efforts
The past 18 months have seen a flurry of congressional activity regarding burn pits, with a strong focus on ending their use, additional research into the health and safety risks, and increasing benefits available to service members who were exposed. These bills may make significant strides towards the gathering of historical exposure information, increasing the amount of research on the risks of burn pit and toxic exposure, and mandating the continued collection of burn pit use and exposure data going forward.
In February 2019, Representative Joaquin Castro (D-TX) introduced two bills centered on burn pit exposure. The Family Member Access to Burn Pits Registry Act of 2019 would allow a family member to enroll in the Registry on behalf of a deceased veteran or service member.10 This editing capability is seen as an important tool to record veteran deaths that might later be attributed to burn pit exposure. Representative Castro also introduced the Burn Pit Veterans Revision Act, which would amend the schedule for rating service-related disabilities, which is used to calculate veterans’ benefits. The legislation would add a diagnostic code and evaluation criteria for obliterative bronchiolitis, a severe respiratory disease that has been found in service members with burn pit exposure.11 Both of these bills are still pending.
In May 2019, the VA established the Airborne Hazards and Burn Pits Center of Excellence at the VA’s War-Related Illness and Injury Study Center in East Orange, New Jersey.12 The new Center plans to facilitate research focused on the health consequences of airborne toxic exposure. It will also provide health evaluations for difficult-to-diagnose patients and build a network of specialized clinicians across the country who can assist in treatment. Congress created the Center as part of the legislation that funds the VA and granted the facility $10 million in additional funds to be used to study burn pit-related health conditions. Notably, the Center will have an in-house analyst dedicated to reviewing and analyzing the data from the Registry.
In December 2019, the National Defense Authorization Act (NDAA) for Fiscal Year 2020 was signed into law.13 The NDAA includes two key provisions that will require the Pentagon to draft a plan to eliminate all existing burn pits and provide a list of burn pit sites to the VA.14 The NDAA also contains key components from the Burn Pits Accountability Act, previously introduced in the Senate by Amy Klobucher (D-MN) and in the House by Tulsi Gabbard (D-HI).15 The Secretary of Defense will be required to record whether service members have been based or stationed at a location where an open burn pit was used or exposure to toxic airborne chemicals occurred, including the information recorded in the Registry and in routine physical examinations and health assessments.16 This information will further contribute to the development of a record of burn pit exposure and possible health consequences. Additionally, any service member who has been stationed where a burn pit was used or where exposure to airborne toxic chemicals occurred will be enrolled in the Registry, unless the service member opts out. Finally, the Secretary of Defense and the Secretary of Veterans Affairs will be required to share information about exposure to burn pits and toxic airborne chemicals recorded in routine physical exams and health assessments.
Congressional Action in 2020
In June 2020, Senators Rob Portman (R-OH) and Sherrod Brown (D-OH) and Representatives Tulsi Gabbard (D-HI) and Brian Mast (R-FL) introduced the SFC Heath Robinson Burn Pit Transparency Act, named after an Ohio veteran who was exposed to burn pits during his service overseas and passed away in May 2020.17 The Act would require the Secretary of Veterans Affairs to document any veteran who may have been exposed to burn pits and notify Congress of these cases quarterly. These notifications would include several pieces of information, including the medical facility at which exposure was reported, enrollment status, demographics, identification of any non-VA benefits received, branch of service and rank, period of service, location of the burn pits at which exposure may have taken place, medical diagnosis and treatment provided, and whether the veteran was enrolled in the Registry. The Act would require the VA to submit a biannual report to Congress identifying how many veterans have reported burn pit exposure, how many make disability claims and the outcome of said claims, a comprehensive list of conditions reported by veterans exposed to burn pits, and burn pit locations.18 The reporting of conditions is noteworthy, as the health consequences of burn pit exposure are still being identified; while there are a few common illnesses believed to be associated with burn pits, the full extent of exposure is still being determined.19 The Act would also require healthcare providers to inform a veteran who mentions “burn pits” about the Registry. More Registry participants will lead to more information about burn pit exposure, which may be useful in addressing the health and safety implications from the past and in the future.
In July 2020, Representative Raul Ruiz (D-CA) introduced five new bills aimed at addressing issues related to burn pit use. The July bills are primarily focused on the DOD, and would require the DOD to provide Congress with a status report on studies assessing health risks of burn pit exposure, mandatory training on potential burn pit health risks for all DOD medical providers, an estimate of funding exclusively for incinerators and waste-to-energy waste disposal alternatives in the DOD’s budget request, a stand-alone question about burn pit exposure in the DOD’s post-deployment health assessment, and an expansion of the Registry to include deployments in Egypt and Syria.20 This proposed legislation addresses current burn pit issues while requiring the DOD to consider alternative disposal methods that would help to eradicate burn pit use in the future. Representative Ruiz has also introduced bills to make veterans exposed to burn pits eligible for VA healthcare and to establish a presumption of service-connected exposure to burn pits for several pulmonary diseases.21 The presumption of service-connectedness is significant, because it would not require the service member to prove that the illness was caused by military service in order to be eligible for medical and disability benefits.22 These bills have not yet been signed into law.23
Attention to the negative effects of burn pit exposure has grown in conjunction with attention to other types of toxic exposure during military service, such as exposure to heavy metals in airborne dust and toxic chemicals used for cleaning. Several veterans advocacy organizations joined together in 2019 to form a coalition, the Toxic Exposures in the American Military Coalition, to raise awareness and advocate for additional research into veterans’ illnesses caused by toxic exposure.24 A product of this Coalition recently came to fruition in the form of a new bill aimed at changing the way veterans receive health benefits for toxic exposure.25 In August 2020, Senator Thom Tillis (R-NC) introduced the Toxic Exposure in the American Military (TEAM) Act of 2020, which was recently passed by the Senate Committee on Veterans’ Affairs.26 The TEAM Act would provide VA consultation and testing for eligible veterans exposed to toxic substances, establish a scientific commission to research health effects of toxic exposure and report the findings to the VA and Congress, and require the VA to develop a questionnaire to be used in primary care appointments to help determine whether a veteran may have been exposed to toxic substances during service.27 The Act would require the VA to respond to growing scientific evidence showing that exposure to toxic chemicals – including those released by burn pits – can lead to significant health complications. Should the Act pass, veterans’ advocates will likely be watching closely for the research findings produced by the Act’s scientific commission, as the results may one day be cited in support of adding burn pit-associated illnesses to the VA’s list of service-related health issues. Burn Pits 360, a non-profit veterans advocacy organization that has done extensive work into the issues surrounding burn pit exposure, testified before the Senate Committee on Veterans’ Affairs about service-connected illnesses and a related issue, the VA’s disability determination process as it pertains to health claims related to burn pit exposure. The organization advocated for a more uniform and evidence-backed approach to the review of burn pit-related disability claims, in addition to other recommendations related to the VA and the DOD’s handling of burn pit exposure cases.28 The personal experiences of service members shared in Burn Pit 360’s testimony highlighted the pressing need for improvements on the understanding and treatment of burn pit-related illnesses.
Finally, in September 2020, Representative Ruiz and Senator Kirsten Gillibrand (D-NY) introduced the Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2020.29 The bill would add a new list of illnesses to the VA’s list of service-connected conditions and would make veterans eligible for VA benefits for these conditions if they meet certain criteria for service in one of 34 countries, including Afghanistan, Iraq, and Pakistan.30 The bill would amend United States Code Title 38, the same section addressing benefits for Vietnam veterans exposed to Agent Orange.
Conclusion
When burn pit exposure first came to the attention of Congress, there was a recognized lack of knowledge about the extent of burn pit use, the health and safety risks caused by the pits, and the breadth of service member exposure. In the past few years, steps have been taken to try and close this gap, with a strong focus on legislation that expands research and information-gathering about where burn pits were used and how many service members were exposed during their service. There are multiple burn pit-focused bills to track for passage before Congress adjourns in January 2021. There may also be news about a full accounting of burn pit sites abroad and the strategy to eliminate them, depending on the results from the NDAA for the next fiscal year. The progress made by advocacy organizations and heightened interest in Congress is promising, and the fruits of these efforts will hopefully inform more comprehensive and timely actions to address the health and safety of America’s veterans now and moving forward.
- United States Department of Veterans Affairs, Burn Pits (last updated Sept. 11, 2020),https://www.publichealth.va.gov/exposures/burnpits/index.asp.
- Znachko, S., The Risks of Burn Pit Exposure Abroad: A Loss in Court, Progress in Congress, ABA Health eSource (May 1, 2019), available at https://www.americanbar.org/groups/health_law/publications/aba_health_esource/2018-2019/may19/burnpit/.
- David Shulkin: VA needs to secure relief for burn pit veterans, Fox News (Sept. 29, 2020), https://www.foxnews.com/politics/david-shulkin-veterans-burn-pits-va-relief; Kim, A., Jon Stewart says Congress is abandoning veterans who inhaled toxic burn pit fumes, CNN (Sept. 15, 2020), https://www.cnn.com/2020/09/15/us/jon-stewart-sick-veterans-bill-trnd/index.html; Jon Stewart Speaks Out Against Military Burn Pits, Burn Pits 360 (Sept. 11, 2019), https://www.youtube.com/watch?v=3s3nHo4szE8&feature=youtu.be.
- Grisales, C., Lawmakers, advocates urge help for servicemembers sickened by burn pits, Stars and Stripes (Apr.30, 2019), https://www.stripes.com/lawmakers-advocates-urge-help-for-servicemembers-sickened-by-burn-pits-1.579108.
- However, exams are currently being deferred as a result of the COVID-19 pandemic. Office of Public and Intergovernmental Affairs, VA Airborne Hazards and Open Burn Pit Registry reaches major milestone (May 5, 2020), https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5441.
- United States Department of Veterans Affairs, Registry for Veterans and Service Members, Public Health (last accessed Aug. 14, 2020), https://www.publichealth.va.gov/exposures/burnpits/registry.asp.
- Office of Public and Intergovernmental Affairs, supra n.5.
- Motley Rice LLC, Burn Pit Exposure (last accessed Aug. 8, 2020), https://www.motleyrice.com/toxic-exposure/burn-pit-exposure.
- Since the Circuit Court found the case to be barred by the political question doctrine, it did not reach the issue of whether the suit was preempted by the Federal Tort Claims Act. In re: KBR, INC., Burn Pit Litigation, 13, No. 17-1960 (4th Cir. June 20, 2018), available at http://www.ca4.uscourts.gov/opinions/171960.P.pdf. The political question doctrine refers to the idea that when an issue is too political, the federal court, which is supposed to be neutral, should not decide on the issue. Political Question Doctrine, Cornell Law School Legal Information Institute (last accessed Oct. 9, 2020), https://www.law.cornell.edu/wex/political_question_doctrine.
- The resolution was introduced in the House and referred to the Subcommittee on Health by the Committee on Veterans’ Affairs. H.R.1001 - Family Member Access to Burn Pit Registry Act, All Actions (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/1001?q=%7B%22search%22%3A%5B%22HR+1001%22%5D%7D&s=3&r=1.
- The resolution was referred to the Subcommittee on Disability Assistance and Memorial Affairs by the Committee on Veterans’ Affairs. H.R.1005 - Burn Pit Veterans Revision Act, Summary (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/1005?q=%7B%22search%22%3A%5B%22HR+1005%22%5D%7D&s=4&r=1.
- Kime, P., After Mandate from Congress, VA Opens Research Center for Burn Pit-Related Illnesses, Military.com (Aug. 23, 2019), https://www.military.com/daily-news/2019/08/23/after-mandate-congress-va-opens-research-center-burn-pit-related-illnesses.html.
- S.1790 - National Defense Authorization Act for Fiscal Year 2020, Actions Overview (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/senate-bill/1790/actions?q=%7B%22search%22%3A%5B%22burn+pit+accountability+act%22%5D%7D&r=5&s=1.
- As of December 2019, military use of burn pits had been phased out, but nine burn pits remained. This provision seeks to eradicate the remaining nine. Beynon, S., Burn pit legislation passed by Congress could lead to improved accountability, better care for vets exposed to hazards, Stars and Stripes (Jan. 14, 2020), https://www.stripes.com/news/burn-pit-legislation-passed-by-congress-could-lead-to-improved-accountability-better-care-for-vets-exposed-to-hazards-1.614684; Sisk, R., Congress Wants the Pentagon to Make a Plan to Close All Remaining Burn Pits, Military.com (Dec. 17, 2019), https://www.military.com/daily-news/2019/12/17/congress-wants-pentagon-make-plan-close-all-remaining-burn-pits.html.
- H.R.663 - Burn Pits Accountability Act, Summary (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/663?q=%7B%22search%22%3A%5B%22CASE+Act%22%5D%7D&r=88&s=1; S.191 - Burn Pits Accountability Act, Summary (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/senate-bill/191?q=%7B%22search%22%3A%5B%22burn+pit+accountability+act%22%5D%7D&s=2&r=1; IAVA Applauds Senate Passage of Burn Pits Accountability Act and Urged House to Act Next, Media (July 2, 2019), https://iava.org/press_releases/iava-applauds-senate-passage-of-burn-pits-accountability-act-and-urged-house-to-act-next/.
- Portman, Brown Introduce Bicameral, Bipartisan Bill to Help Veterans Exposed to Toxic Burn Pits, (June 2, 2020), https://www.portman.senate.gov/index.php/newsroom/press-releases/portman-brown-introduce-bicameral-bipartisan-bill-help-veterans-exposed; Senate Passes Defense Bill With Key Provisions Brown Secured for Ohio Servicemembers, Veterans, and Civilians, (Dec. 17, 2019), https://www.brown.senate.gov/newsroom/press/release/senate-passes-defense-bill-with-key-provisions-brown-secured-for-ohio-servicemembers-veterans-and-civilians.
- S.3885 has been referred to the Committee on Veterans' Affairs and H.R.7072 has been referred to the Subcommittee on Health. S.3885 - SFC Heath Robinson Burn Pit Transparency Act, Summary (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/senate-bill/3885; H.R.7072 - SFC Heath Robinson Burn Pit Transparency Act, Summary (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/7072?q=%7B%22search%22%3A%5B%22HR+7072%22%5D%7D&s=1&r=1; Brown Set to Introduce Legislation to Help Veterans Exposed to Toxic Burn Pits, (May 27, 2020), https://www.brown.senate.gov/newsroom/press/release/brown-set-to-introduce-legislation-to-help-veterans-exposed-to-toxic-burn-pits; Portman, Brown Introduce Bicameral, Bipartisan Bill to Help Veterans Exposed to Toxic Burn Pits, supra n.16.
- The disclosure of burn pit-related disability claims is notable, considering that of the 12,000 VA claims submitted related to burn pits, only around 2,500 have been accepted. Thayer, R.L., ‘Ambitious’ toxic exposure bill to be debated Wednesday by Senate VA committee, Stars and Stripes (Aug. 4, 2020), https://www.stripes.com/news/us/ambitious-toxic-exposure-bill-to-be-debated-wednesday-by-senate-va-committee-1.640062; Video, How "burn pits" in Iraq and Afghanistan may have put veterans at risk, CBS News (Aug. 17, 2019), https://www.cbsnews.com/video/how-burn-pits-in-iraq-and-afghanistan-may-have-put-veterans-at-risk/.
- These illnesses include, but are not limited to, asthma, chronic bronchitis, chronic obstructive pulmonary disease, constrictive bronchiolitis, emphysema, interstitial lung disease, and lymphoma. Kime, P., Landmark Bill Would Designate 12 Illnesses as Connected to Burn Pits, Military.com (Sept. 15, 2020), https://www.military.com/daily-news/2020/09/15/landmark-bill-would-designate-12-illnesses-connected-burn-pits.html.
- These resolutions have been introduced in the House; H.R.7597, H.R.7596, H.R.7599, and H.R.7598 have been referred to the House Committee on Armed Services, and H.R.7600 has been referred to the Subcommittee on Disability Assistance and Memorial Affairs. Dr. Ruiz Introduces 2020 Burn Pits NDAA Bills Package, (July 16, 2020), https://ruiz.house.gov/media-center/press-releases/dr-ruiz-introduces-2020-burn-pits-ndaa-bills-package; H.R.7597 - To direct the Secretary of Defense to submit to Congress a report on the research and studies being conducted or funded by the Department of Defense to assess the health effects of burn pits, All Actions (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/7597/actions?q=%7B%22search%22%3A%5B%22HR+7597%22%5D%7D&r=1&s=1; H.R.7596 - To direct the Secretary of Defense to provide medical providers of the Department of Defense mandatory training with respect to the potential health effects of burn pits, All Actions (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/7596/actions?q=%7B%22search%22%3A%5B%22HR+7596%22%5D%7D&r=1&s=2; H.R.7599 - To direct the Secretary of Defense to provide budget information for incinerators and waste-to-energy waste disposal alternatives to burn pits, All Actions (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/7599/all-actions?q=%7B%22search%22%3A%5B%22HR+7599%22%5D%7D&s=3&r=1; H.R.7598 - To direct the Secretary of Defense to include information on exposure to open burn pits in postdeployment health reassessments of members of the Armed Forces, All Actions (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/7598/all-actions?q=%7B%22search%22%3A%5B%22HR+7598%22%5D%7D&r=1&overview=closed&s=8#tabs; H.R.7600 - To expand the scope of the Department of Veterans Affairs open burn pit registry, All Actions (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/7600/all-actions?q=%7B%22search%22%3A%5B%22HR+7600%22%5D%7D&r=1&overview=closed&s=9#tabs.
- Currently, veterans can submit claims for conditions related to burn pit exposure, but risk having their claims denied by the VA as unrelated to their service. Thayer, supra n.18. Common illnesses associated with burn pit exposure are not currently listed on the VA’s list of presumed service-connected illnesses. Presumptive Disability Benefits, U.S. Department of Veterans Affairs (last updated Nov. 2018), available at https://www.benefits.va.gov/BENEFITS/factsheets/serviceconnected/presumption.pdf.
- David Shulkin: VA needs to secure relief for burn pit veterans, supra n.3.
- The Burn Pit Registry Enhancement Act has been read the second time in the Senate, the HOPE Act has been referred to the Subcommittee on Health, and the Right to Breathe Act has been referred to the Subcommittee on Disability Assistance and Memorial Affairs. H.R.1381 - Burn Pit Registry Enhancement Act, All Actions (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/1381/all-actions?q=%7B%22search%22%3A%5B%22HR+1381%22%5D%7D&s=2&r=1; H.R.4137 - Jennifer Kepner HOPE Act, All Actions (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/4137?q=%7B%22search%22%3A%5B%22HR+4137%22%5D%7D&s=6&r=1; H.R.4574 - Veterans' Right to Breathe Act, All Actions (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/4574?q=%7B%22search%22%3A%5B%22HR+4574%22%5D%7D&s=7&r=1; Dr. Ruiz Introduces 2020 Burn Pits NDAA Bills Package, supra n.20.
- Kime, P., A New Coalition Is Fighting for Vets Sickened by Environmental Hazards, Military.com (June 12, 2019), https://www.military.com/daily-news/2019/06/12/new-coalition-fighting-vets-sickened-environmental-hazards.html.
- Thayer, supra n.18.
- IAVA Celebrates Committee Passage of Landmark Military Toxic Exposures Bill, IAVA (Sept. 24, 2020), https://iava.org/press_releases/iava-celebrates-committee-passage-of-landmark-military-toxic-exposures-bill/?utm_source=EML_CUL_092520SITREP_Email-Body&utm_medium=Email&utm_campaign=SITREP; Tillis Introduces Landmark Bill To Reform How Veterans Exposed to Toxic Substances Receive Health Care and Benefits, (July 31, 2020), https://www.tillis.senate.gov/2020/7/tillis-introduces-landmark-bill-to-reform-how-veterans-exposed-to-toxic-substances-receive-health-care-and-benefits; S.4393 - TEAM Act of 2020, Summary (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/senate-bill/4393?q=%7B%22search%22%3A%5B%22S.+4393%22%5D%7D&s=5&r=1.
- Tillis Introduces Landmark Bill To Reform How Veterans Exposed to Toxic Substances Receive Health Care and Benefits, supra n.26.
- Burn Pits 360 Congressional Hearing “Toxic Exposure: Examining the VA’s Presumptive Disability Decision-Making Process” (last accessed Aug. 30, 2020), https://burnpits360.org/?p=786; Burn Pits 360, Statement for the Record, 3-4 (Sept. 25, 2019), available at https://www.veterans.senate.gov/imo/media/doc/9.25.19%20-%20BurnPits360%20SFR.pdf.
- Horton, A., Jon Stewart urges health-care law for veterans exposed to toxic burn pits, The Washington Post (Sept. 15, 2020), https://www.washingtonpost.com/national-security/2020/09/15/jon-stewart-burn-pits-veterans/.
- H.R.8261 has been referred to the Committees on Veterans' Affairs, Armed Services, and Education and Labor, and S.4572 has been referred to the Committee on Veterans' Affairs. Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2020, available at https://www.gillibrand.senate.gov/imo/media/doc/2020-09-10_One%20Pager_Presumptive%20Benefits%20for%20War%20Fighters%20Exposed%20to%20Burn%20Pits%20and%20Other%20Toxins%20Act.pdf; H.R.8261 - Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2020, Summary (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/house-bill/8261?q=%7B%22search%22%3A%5B%22actionCommitteeCode%3Ahshm00%7C4200%22%5D%7D&s=1&r=1; S.4572 – Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2020, Summary (last accessed Oct. 11, 2020), https://www.congress.gov/bill/116th-congress/senate-bill/4572?q=%7B%22search%22%3A%22%5B2020-10-02+TO+2020-10-02%5D%22%7D&s=1&r=41.