Last updated: March 18, 2022, prior to August 2022 passage and enactment of the Honoring Our PACT Act: Congress is in the process of passing comprehensive toxic exposures legislation. The two bills, which combined around 15 individual toxic exposure bills, are:
U.S. House: Honoring Our PACT Act (Rep. Takano – H.R. 3967 (EH)
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- Full bill name: Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2021 (IH) [bill text] [bill summary] [bill status/information]
- Status: Passed out of House (EH)
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U. S. Senate: COST of War Act (Sen. Tester – S. 3003 (RS)
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- Full bill name: Comprehensive and Overdue Support for Troops (COST) of War Act of 2021 [bill text] [bill summary] [bill status/information]
- Status: Passed out of Committee 5/26/2021
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Among the bills’ major provisions:
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- Specifying new presumptive conditions for VA service-connection claims by toxic exposures veterans
- Presuming exposures for VA service-connection claims by toxic exposures veterans
- Creating a new framework for future presumptive condition determinations
- Expanding VA healthcare for combat veterans and veterans with toxic exposures
- Requiring various studies and reports
The two bills have many similarities but critical differences. Veterans for Common Sense has developed comparison documents to help understand what each of these extremely complex bills is doing, including who qualifies as a covered veteran.
Comparison charts of provisions in the bills:
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- Comparison of covered veterans for presumptive conditions
- Comparison of presumed exposures
- Comparison of healthcare expansion
Veterans for Common Sense position statements:
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- Veterans for Common Sense Statement for the Record on Senate toxic exposure bills
- Veterans for Common Sense statement submitted for the record on House toxic exposure bills
The two bills would create or amend the following sections of Title 38 (“Veterans Affairs”) U.S. Code:
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- 38 U.S.C. 101 (Definitions) as amended by: COST of War Act / Honoring Our PACT Act
- 38 U.S.C. 1112 as amended by: COST of War Act / Honoring Our PACT Act
- 38 U.S.C. 1116-1116A-1116B (Herbicides/Agent Orange) as amended by: COST of War Act / Honoring Our PACT Act
- 38 U.S.C. 1117–1118 (Persian Gulf War) as amended by: COST of War Act /Honoring Our PACT Act
- 38 U.S.C. 1119 as created by: COST of War Act (presumptive exposures in general) / Honoring Our PACT Act (presumed exposures)
- 38 U.S.C. 1120 as created by: COST of War Act (presumed exposures) / Honoring Our PACT Act (presumptive conditions)
- 38 U.S.C. 1120A as created by: COST of War Act (presumptive conditions)
- 38 U.S.C. 1167 (reevaluation) as created by: Honoring Our Pact Act
- 38 U.S.C. 1168 (medical nexus exams) as created by: COST of War Act / Honoring Our Pact Act
- 38 U.S.C. Chapter VII (s. 1171-1172-1172-1173-1174-1175) (framework for presumptive condition determinations) as created by: COST of War Act /Honoring Our PACT Act
- 38 U.S.C. 1710 (healthcare eligibility) as amended by: COST of War Act / Honoring our PACT Act
- 38 U.S.C. 7330D (VA coordination of all federal toxic exposure research) as created by: COST of War Act / Honoring Our PACT Act
Service, Campaign, and Expeditionary Medals referenced in the bills (covered veterans provisions):
