H.R. 9127

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9127 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9127

To improve benefits for veterans who may have been exposed to toxic 
substances, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 3, 2026

Ms. Lee of Nevada (for herself and Mr. Amodei of Nevada) 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 improve benefits for veterans who may have been exposed to toxic 
substances, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Sergeant Dave Crete Fighting for the 
Overlooked Recognition of Groups Operating in Toxic Test Environments 
in Nevada Veterans Act of 2026'' or the ``Sergeant Dave Crete FORGOTTEN 
Veterans Act of 2026''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Active military, naval, air, or space service.--The 
term ``active military, naval, air, or space service'' has the 
meaning given that term in section 101(24) of title 38, United 
States Code.
(2) Covered location.--The term ``covered location'' 
means--
(A) any facility on the most recent list of 
facilities covered under the Energy Employees 
Occupational Illness Compensation Program Act of 2000 
(42 U.S.C. 7384 et seq.) published in the Federal 
Register by the Department of Energy; or
(B) with respect to service on or after January 27, 
1951, any location within the Nevada Test and Training 
Range or the Nevada National Security Site (as defined 
on May 19, 2026).
(3) Toxic exposure.--The term ``toxic exposure'' has the 
meaning given that term in section 101(37) of title 38, United 
States Code.

SEC. 3. COORDINATION WITH DEPARTMENT OF DEFENSE TO IDENTIFY VETERANS 
WHO PERFORMED MILITARY SERVICE AT COVERED LOCATIONS.

(a) In General.--The Secretary of Veterans Affairs, in coordination 
with the Secretary of Defense, shall establish and carry out a process 
to identify veterans who served at a covered location and may have 
encountered toxic exposure during active military, naval, air, or space 
service.
(b) Use of Available Information.--In carrying out subsection (a), 
the Secretary of Veterans Affairs shall use--
(1) military personnel and deployment records maintained by 
the Department of Defense; and
(2) information provided by veterans through the registry 
established under section 7.
(c) No Affirmative Evidence Required.--The Secretary of Veterans 
Affairs may not require a veteran to provide affirmative evidence of 
exposure to a specific toxic substance if service at a covered location 
is established.

SEC. 4. TREATMENT AS RADIATION-RISK ACTIVITIES BY DEPARTMENT OF 
VETERANS AFFAIRS.

Section 1112(c)(3)(B) of title 38, United States Code, is amended 
by adding at the end the following new clause:
``(viii) Active military, naval, air, or space 
service, or onsite participation in any aspect of the 
development, construction, operation, or maintenance of 
a military installation (as defined in section 2801 of 
title 10), within the area that comprises the Nevada 
Test and Training Range and the Nevada National 
Security Site, as defined on May 19, 2026, during the 
period beginning on January 27, 1951, and ending on the 
date which the Secretary of Defense, with independent 
verification, certifies that the area that comprises 
the Nevada Test and Training Range and the Nevada 
National Security Site no longer pose radiation risk to 
personnel present, or enactment of the Sergeant Dave 
Crete Fighting for the Overlooked Recognition of Groups 
Operating in Toxic Test Environments in Nevada Veterans 
Act of 2026, whichever is later.''.

SEC. 5. PRESUMPTION OF TOXIC EXPOSURE FOR VETERANS WHO SERVED AT 
COVERED LOCATIONS AND PRESUMPTION OF SERVICE CONNECTION 
FOR CERTAIN DISEASES.

Section 1119(c)(1) of title 38, United States Code, is amended--
(1) in subparagraph (A)(viii), by striking ``; or'' and 
inserting a semicolon;
(2) in subparagraph (B)(ix), by striking the period at the 
end and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(C) at any time, performed active military, 
naval, air, or space service while assigned to a duty 
station in, including airspace above, any facility on 
the most recent list of facilities covered under the 
Energy Employees Occupational Illness Compensation 
Program Act of 2000 (42 U.S.C. 7384 et seq.) published 
in the Federal Register by the Department of Energy; or
``(D) on or after January 27, 1951, performed 
active military, naval, air, or space service while 
assigned to a duty station in, including airspace 
above, any location within the area that comprises the 
Nevada Test and Training Range and the Nevada National 
Security Site, as defined on May 19, 2026.''.

SEC. 6. STUDY ON TOXIC EXPOSURES AT COVERED LOCATIONS.

(a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs, in 
coordination with the Secretary of Defense, shall seek to enter into an 
agreement with the Department of Health and Human Services or another 
appropriate scientific organization to study potential toxic exposures 
and environmental hazards at covered locations.
(b) Study.--The study required under subsection (a) shall--
(1) identify exposures associated with military occupations 
of veterans who served at covered locations, including 
exposures relating to chemicals, compounds, agents, and other 
phenomena; and
(2) review the literature to determine associations between 
such exposures and the incidence or prevalence of overall 
cancer morbidity and overall cancer mortality, and determine, 
to the extent possible, the prevalence and mortality of cancers 
among such veterans by using available sources of data, which 
may include--
(A) health care and other administrative databases 
of the Department of Veterans Affairs, the Department 
of Defense, and the military departments, respectively; 
and
(B) the national death index maintained by the 
National Center for Health Statistics of the Centers 
for Disease Control and Prevention.
(c) Transfer Authority.--Amounts authorized to be appropriated to 
the Secretary of Defense to carry out the study required under 
subsection (a) may be transferred without regard to section 2215 of 
title 10, United States Code, to the Secretary of Health and Human 
Services to pay for the study.
(d) Report.--At the conclusion of the study required under 
subsection (a), the Department of Health and Human Services or other 
appropriate scientific organization, as the case may be, shall submit 
to the Secretary of Veterans Affairs, the Committee on Veterans' 
Affairs of the Senate, the Committee on Veterans' Affairs of the House 
of Representatives, the President of the National Academies of 
Sciences, Engineering, and Medicine, and the Chair of the National 
Research Council a report containing the results of the study.

SEC. 7. ESTABLISHMENT OF COVERED LOCATION VETERAN REGISTRY.

(a) Establishment.--The Secretary of Veterans Affairs shall 
establish and maintain a registry of veterans who served at covered 
locations who may have encountered toxic exposure during active 
military, naval, air, or space service (in this section referred to as 
the ``registry'').
(b) Purposes.--The registry shall be used to--
(1) collect, process, maintain, and consolidate 
epidemiological information required to analyze incidence of 
adverse health effects among veterans who served in covered 
locations;
(2) facilitate coordination between the Department of 
Veterans Affairs and the Department of Defense to verify 
service;
(3) inform veterans of available health care, benefits, and 
screenings; and
(4) support outreach, research, and claims adjudication 
related to toxic exposure.
(c) Opt-Out and Recruitment.--
(1) Opt-out.--Participants must have the opportunity to 
opt-out of inclusion in the registry.
(2) Recruitment.--The Secretary of Veterans Affairs shall 
recruit veterans described in subsection (a) who are not 
represented in data sources of the Department of Defense or the 
Department of Veterans Affairs.
(d) Data-Sharing.--The Secretary of Veterans Affairs shall share 
information collected through the registry with the Secretary of 
Defense, consistent with applicable privacy and security laws, for 
purposes of identifying affected veterans and improving care and 
benefits delivery.

SEC. 8. CLASSIFICATION OF CERTAIN FACILITIES AS LOCATIONS WHERE 
CONTAMINATION OCCURRED AND MEMBERS OF THE ARMED FORCES 
WERE EXPOSED TO TOXIC SUBSTANCES.

(a) In General.--The Secretary of Defense shall classify the 
following locations as a location where contamination occurred:
(1) On and after January 27, 1951, the Nevada Test and 
Training Range, including the Nevada National Security Site (as 
such site is defined on May 19, 2026).
(2) Any facility on the most recent list of facilities 
covered under the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) 
published in the Federal Register by the Secretary of Energy.
(b) Identification Process.--
(1) In general.--The Secretary of Defense shall establish a 
process to identify members of the Armed Forces and former 
members of the Armed Forces that were stationed at a facility 
specified in subsection (a).
(2) Documentation.--The Secretary of Defense 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 at a facility specified in 
subsection (a) to assist the Secretary in identifying those 
members and former members under paragraph (1).
(3) Efforts.--The Secretary of Defense 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.
(c) Sharing of Information.--The Secretary of Defense shall share 
with the Secretary of Veterans Affairs all information and 
documentation gathered under subsection (b) in order to provide the 
Secretary of Veterans Affairs with adequate documentation of the 
service of members of the Armed Forces and former members of the Armed 
Forces at facilities specified in subsection (a) and any injuries, 
exposures, or illnesses related to such service, for the purpose of 
establishing any claim for benefits under the laws administered by the 
Secretary of Veterans Affairs to which such members and former members 
are legally entitled.
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