S. 2220

119th CONGRESS 1st Session

To expand presumptions of exposure by members of the Armed Forces to toxic substances, and for other purposes.

IN THE SENATE OF THE UNITED STATES · July 9, 2025 · Sponsor: Ms. Rosen · Committee: Committee on Veterans’ Affairs

S. 2220

SEC. 1. Short title

This Act may be cited as the Fighting for the Overlooked Recognition of Groups Operating in Toxic Test Environments in Nevada (FORGOTTEN) Veterans Act of 2025.

SEC. 2. Expansion of Individual Longitudinal Exposure Record to include information relating to toxic exposures

(a) All exposures
- The Secretary of Defense shall expand the Individual Longitudinal Exposure Record (in this section referred to as the ) to document all toxic exposures of members of the Armed Forces, including those that occur within the United States, so it can be available for the Secretary of Veterans Affairs when such members transition to civilian life, including information relating to the following: ILER
  - All-hazard occupational data.
  - Environmental hazards that were known or found later to which the member was exposed, including through conducting any monitoring in an area in which the member may have been exposed.
(b) Medical information
- The Secretary of Defense shall expand the ILER to include the following medical information of members of the Armed Forces so it can be available for the Secretary of Veterans Affairs when such members transition to civilian life:
  - Medical encounter information relating to toxic exposures (such as diagnosis, treatment, and laboratory data).
  - Medical concerns that should be addressed regarding possible toxic exposures.
(c) Availability to certain professionals
- The Secretary of Defense and the Secretary of Veterans Affairs shall ensure that the ILER is available, for purposes of improving internal processes, to the following:
  - Health care providers of the Department of Defense and the Department of Veterans Affairs.
  - Epidemiologists and researchers of the Department of Defense and the Department of Veterans Affairs.
  - Disability evaluation and benefits determinations specialists of the Department of Veterans Affairs.
(d) Inclusion in service records
- (1) In general
  - The Secretary of Defense shall document in the service records of a member of the Armed Forces whether such member served at a location where there was a potential of toxic exposure.
- (2) Protection of classified information
  - In carrying out paragraph (1), the Secretary of Defense shall ensure that service at any location that is classified is protected from disclosure and may contain simply a box to be checked to indicate that a member of the Armed Forces served at a location where there was a potential of toxic exposure.

SEC. 3. Presumption of exposure for members of the Armed Forces and civilian employees of the Department of Defense at Department of Energy facilities

(a) In general
- Members of the Armed Forces and civilian employees of the Department of Defense who are or have been stationed or employed at a covered facility shall be presumed to have been exposed to toxic substances.
(b) Covered facility defined
- The term covered facility means any facility on the most recent list of facilities covered under the Energy Employees Occupational Illness Compensation Program Act of 2000 () published in the Federal Register by the Department of Energy. 42 U.S.C. 7384 et seq.

SEC. 4. Classification of Nevada test and training range as location where contamination occurred and members of the Armed Forces were exposed to toxic substances

(a) In general
- The Secretary of Defense shall classify the Nevada Test and Training Range as a location where contamination occurred.
(b) Identification process
- (1) In general
  - The Secretary of the Air Force shall establish a process to identify members of the Armed Forces and former members of the Armed Forces that were stationed at the Nevada Test and Training Range since January 27, 1951.
- (2) Documentation
  - The Secretary of the Air Force shall establish a process to permit members of the Armed Forces and former members of the Armed Forces to provide documentation or evidence of their assignment within the Nevada Test and Training Range to assist the Secretary in identifying those members and former members under paragraph (1).
- (3) Efforts
  - The Secretary of the Air Force shall make all efforts to identify individuals described in paragraph (1) and shall not require members of the Armed Forces or former members of the Armed Forces to submit evidence of their stationing.

SEC. 5. Treatment as radiation-risk activities by Department of Veterans Affairs

Section 1112(c)(3) of title 38, United States Code, is amended—
- (viii) At any time on or after January 27, 1951, onsite participation in any aspect of the development, construction, operation, or maintenance of a military installation (as defined in section 2801 of title 10) at a covered location at the Nevada Test and Training Range.
- in subparagraph (B) by adding at the end the following new clause:
  - The term covered location at the Nevada Test and Training Range means a location at the Nevada Test and Training Range, Nevada, where there was a potential of toxic exposure.
- by adding at the end the following new subparagraph:

SEC. 6. Presumptions of toxic exposure by Department of Veterans Affairs

Section 1119(c) of title 38, United States Code, is amended—
- in paragraph (1)—
  - by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and
    - on or after January 27, 1951, performed active military, naval, air, or space service while assigned to a duty station in, including airspace above, a covered location at the Nevada Test and Training Range, Nevada;
  - by inserting before subsection (B), as so redesignated, the following:
    - The term covered location at the Nevada Test and Training Range means a location at the Nevada Test and Training Range, Nevada, where there was a potential of toxic exposure.
- by adding at the end the following new paragraph:

SEC. 7. Presumption of service connection by Department of Veterans Affairs

Section 1120(b) of title 38, United States Code, is amended—
- by redesignating paragraph (15) as paragraph (16); and
  - Only in the case of a covered veteran described in section 1119(c)(1)(A), lipomas and tumor related conditions.
- by inserting after paragraph (14) the following new paragraph: