Fighting for the Overlooked Recognition of Groups Operating in Toxic Test Environments in Nevada (FORGOTTEN) Veterans Act of 2025

Bill Number

S. 2220

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Armed Forces and National Security

Status

Introduced

Latest Action

2026-03-18: Committee on Veterans' Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Last Updated

2026-03-19T11:03:27Z

AI-Generated Summary

Purpose

The Fighting for the Overlooked Recognition of Groups Operating in Toxic Test Environments in Nevada (FORGOTTEN) Veterans Act of 2025 aims to improve tracking, documentation, and recognition of toxic exposures for members of the U.S. Armed Forces, particularly those stationed at the Nevada Test and Training Range or Department of Energy (DOE) facilities. It expands presumptions of exposure to make it easier for affected veterans to access health care and disability benefits from the Department of Veterans Affairs (VA), addressing historical gaps in recognizing domestic toxic risks.

Key Provisions

• Expansion of the Individual Longitudinal Exposure Record (ILER): The Department of Defense (DoD) must update the ILER—a digital health record for service members—to include all toxic exposures (even those in the U.S.), occupational hazard data, environmental monitoring results, and related medical information like diagnoses and treatments. This record will transfer to the VA upon a service member's transition to civilian life.
• Access to ILER: The ILER must be available to DoD and VA health care providers, epidemiologists (experts in disease patterns), researchers, and VA specialists handling disability claims to improve care and processes.
• Service Record Documentation: DoD must note in service records if a member served at a site with potential toxic exposure, while protecting classified locations (e.g., by using a simple checkbox).
• Presumption of Exposure at DOE Facilities: Military members and DoD civilian employees at facilities listed under the Energy Employees Occupational Illness Compensation Program (a law providing benefits for DOE-related illnesses) are automatically presumed to have been exposed to toxic substances.
• Nevada Test and Training Range Classification: The DoD classifies this range as a contaminated site. The Air Force must create a process to identify all service members stationed there since January 27, 1951, allowing self-submission of evidence but not requiring it, with efforts to proactively find affected individuals.
• VA Treatment as Radiation-Risk Activity: Amends VA law (38 U.S.C. § 1112) to treat onsite work at contaminated locations in the Nevada range (since 1951) as a "radiation-risk activity," qualifying veterans for benefits without proving exposure.
• VA Presumption of Toxic Exposure: Amends VA law (38 U.S.C. § 1119) to presume toxic exposure for service members assigned to the Nevada range (including airspace above) since 1951, defining "covered location" as any site with potential toxic risks.
• VA Presumption of Service Connection: Amends VA law (38 U.S.C. § 1120) to presume that certain conditions—specifically lipomas (benign fatty tumors) and other tumor-related issues—are connected to service for veterans exposed at the Nevada range, easing claims for disability compensation.

Significant Changes to Existing Law

• Broadens ILER Scope: Previously focused on overseas deployments, the ILER now covers all U.S.-based exposures, adding medical and hazard details for seamless VA handoff.
• New Presumptions for Domestic Sites: Introduces automatic exposure assumptions for DOE facilities and the Nevada range, which were not previously covered under VA's toxic exposure or radiation-risk lists (e.g., expanding beyond Agent Orange or Gulf War presumptions).
• Adds Specific Health Conditions: Newly links lipomas and tumor conditions to service at the Nevada range, inserting them into VA's list of presumptive disabilities (conditions assumed to be service-related without individual proof).
• Streamlines Identification: Requires proactive DoD efforts to locate affected personnel, reducing the burden on veterans to prove service history.

Potential Impacts

• On Veterans and Citizens: Simplifies access to VA health care, disability benefits, and compensation for thousands of potentially exposed individuals (e.g., those at the Nevada site since 1951), potentially reducing claim denials and wait times. It may increase awareness of long-term health risks like cancers or tumors.
• On Government Agencies: DoD and VA face added administrative duties for record-keeping, identification processes, and data sharing, which could improve inter-agency coordination but require resource investments. Researchers gain better data for studying toxic effects.
• On International Relations: Minimal direct impact, though it acknowledges U.S. nuclear testing history, which could indirectly support diplomatic discussions on global environmental legacies.

Main Stakeholders Affected

• Veterans and Former Service Members: Especially those stationed at the Nevada Test and Training Range or DOE sites, who gain easier benefit access.
• Active-Duty Military and DoD Civilians: Benefit from improved exposure tracking for future health protections.
• VA and DoD Personnel: Health providers, claims processors, and researchers must use and maintain the expanded ILER.
• Families of Affected Veterans: Indirectly supported through better care and compensation for exposure-related illnesses.
• Nevada Residents and Communities: Highlights local environmental contamination from historical testing, potentially influencing state-level remediation efforts.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens veterans' claims by using presumptions (legal assumptions that shift the burden of proof from the individual to the government), aligning with existing VA frameworks like the PACT Act (2022) for toxic exposures. It may lead to more efficient court reviews if claims are disputed.
• Constitutional: Supports Article I, Section 8's mandate for Congress to "provide for" the military and care for veterans, without raising free speech, privacy, or due process concerns (as classified info protections are included).
• Political: Addresses overlooked domestic exposures from Cold War-era nuclear tests, potentially setting precedent for other U.S. sites (e.g., Alaska or Pacific ranges). Introduced by Nevada senators, it reflects bipartisan interest in veterans' issues but could spark debates on federal spending for expanded benefits.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Rosen, Jacky [D-NV]

Cosponsors (2)

Sen. Cortez Masto, Catherine [D-NV], Sen. Rounds, Mike [R-SD]

Recent Actions

• 2026-03-18: Committee on Veterans' Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
• 2025-12-10: Committee on Veterans' Affairs. Hearings held.
• 2025-07-09: Read twice and referred to the Committee on Veterans' Affairs.
• 2025-07-09: Introduced in Senate

Bill Versions

• Fighting for the Overlooked Recognition of Groups Operating in Toxic Test Environments in Nevada (FORGOTTEN) Veterans Act of 2025 — issued 2025-07-09 — PDF (7 pages)