AR250

An Assembly Resolution urging the United States Congress to pass the “Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021.”

Whereas, A presumption of service connection occurs when the Department of Veterans Affairs presumes a disability is caused by military service in order for a veteran to receive disability compensation; and

Whereas, When a presumption of service connection has not been established, a veteran seeking disability compensation is required to present specific evidence of the current disability, the occurrence during service, and a link between the claimed condition and military service; and

Whereas, United States Senate Bill No. 952, and House of Representatives Bill No. 2372, the “Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021,” was introduced in the Senate on March 24, 2021, by Senators Kirsten Gillibrand and Marco Rubio, and in the House of Representatives on April 5, 2021, by Representative Raul Ruiz, in order to provide a presumption of service connection for veterans exposed to burn pits and other toxins and make it easier for veterans to receive benefits from the Department of Veterans Affairs; and

Whereas, In recent military conflicts, the military utilized open-air burn pits to burn garbage, including chemicals, paint, human waste, medical waste, metal and aluminum cans, munitions and unexploded ordnance, petroleum and lubricant products, plastics, rubber, wood, and food waste; and

Whereas, At least 230 burn pits were used in Iraq and Afghanistan, with others across the globe, the largest at Balad Air Base in Iraq, a burn pit that stretched 10 acres; and

Whereas, Burning garbage has negative impacts on human health and can release toxic fumes and smoke; and

Whereas, Approximately 3.5 million service members have been exposed to toxins connected to burn pits; and

Whereas, In 2014, the Department of Veterans Affairs established the Airborne Hazards and Open Burn Pit Registry in order to collect data to research potential health effects of airborne hazards; and

Whereas, Currently, each claim asserted by a veteran for a disability related to exposure to a burn pit requires the service member establish a direct service connection, this legislation would eliminate the hurdle of proving a nexus between the veteran’s service and their illness or disease by establishing a presumption of service connection for a veteran who received a campaign medal associated with the Global War on Terror or the Gulf War and is diagnosed with a qualifying illness or disease; and

Whereas, The federal legislation also provides ongoing scientific assessment of the association between the qualifying illnesses or diseases and burn pits; and

Whereas, New Jersey is grateful for the sacrifices that members of the military and their families have made in service to this nation, and recognizes that they have sacrificed their health in service and deserve to be taken care of during and after their service; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey:

1. This House respectfully urges the United States Congress pass S.952 and H.R.2372, the “Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021.”

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the to the Speaker and Minority Leader of the United States House of Representatives, the Majority and Minority Leaders in the United States Senate, and every member of Congress elected from this State.

STATEMENT

This resolution urges the United States Congress pass the “Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021” in order to provide a presumption of service connection for veterans exposed to burn pits and other toxins.

Open-air burn pits were utilized to dispose of garbage including chemicals, paint, human waste, medical waste, metal and aluminum cans, munitions and unexploded ordnance, petroleum and lubricant products, plastics, rubber, wood, and food waste, during the course of the Global War on Terror and the Gulf War. At least 230 burn pits were used and released fumes and smoke harmful to human health. Approximately 3.5 million service members were exposed to burn pits while serving overseas.

This legislation would give service members the presumption of service connection for those who received a campaign medal associated with the Global War on Terror or the Gulf War and are diagnosed with a qualifying illness or disease.

Service members have sacrificed to serve this nation and deserve to receive healthcare and benefits for the hazards they faced during their service.