Sergeant Dave Crete FORGOTTEN Veterans Act of 2026
- Sponsor
- Rep. Lee, Susie [D-NV-3]
- Committees
- Armed Services Committee (primary)
- Last action
- Jun 12, 2026
Bottom line
The Sergeant Dave Crete FORGOTTEN Veterans Act of 2026 expands presumptive benefits and support for veterans exposed to toxic substances at specific historical military and DOE sites, particularly in Nevada.
What it actually does
This bill establishes a framework to identify and provide benefits to veterans exposed to toxic substances at specific "covered locations," primarily the Nevada Test and Training Range/Nevada National Security Site and certain Department of Energy facilities. It creates a presumption of toxic exposure for service at these sites, includes Nevada sites in "radiation-risk activities" for presumptive service connection, mandates a study on exposures, and establishes a veteran registry to facilitate outreach and claims.
Proponents argue
Supporters argue this bill addresses a long-standing injustice for veterans who served at sites with known toxic contamination but have struggled to prove service-connected illnesses. It streamlines the claims process by establishing presumptions, mandates critical research, and ensures comprehensive identification and outreach to affected veterans, fulfilling a moral obligation to those who served and recognizing their sacrifices.
Opponents contend
Potential opponents might raise concerns about the fiscal implications of expanding presumptive benefits without a clear understanding of the full scope of potential claims, or argue that the scientific basis for some presumptions needs further study before enactment. They might also express concern about the administrative burden on VA and DoD without adequate additional resourcing.
The bill is concise and can be read and understood by an informed reader within a reasonable timeframe, making it accessible for public review.
Section 3
Identification of Veterans Exposed at Covered Locations
This section directs the Department of Veterans Affairs (VA) and the Department of Defense (DoD) to create a system to find veterans who served at specific "covered locations" (like the Nevada Test and Training Range or certain DOE facilities) and may have been exposed to toxic substances. Crucially, it prevents the VA from requiring veterans to provide specific evidence of toxic exposure if their service at a covered location is confirmed, significantly easing the burden of proof for claims.
Supporters argue
Supporters argue this provision is vital for reaching veterans who may not be aware of their eligibility or who have faced significant hurdles in proving exposure, ensuring they receive the benefits they deserve by removing a major bureaucratic barrier.
Critics contend
No specific opposition is typically raised against this provision, as identifying affected veterans is generally seen as a necessary step. Concerns, if any, might relate to the administrative resources required to effectively implement such a broad identification effort.
Tradeoffs
Balances the need to identify and support veterans with the administrative effort required for inter-agency data sharing and outreach, potentially increasing initial administrative costs for long-term benefit.
Section 4
Inclusion of Nevada Sites as Radiation-Risk Activities
This provision amends existing law (Title 38, U.S. Code) to classify active military service or participation at the Nevada Test and Training Range and Nevada National Security Site, starting from January 27, 1951, as a "radiation-risk activity." This designation is significant because it allows veterans who served in these areas to qualify for presumptive service connection for certain diseases associated with radiation exposure, easing the burden of proof for their claims and aligning them with other radiation-exposed groups.
Section 5
Presumption of Toxic Exposure for Service at Covered Locations
This section amends Title 38, U.S. Code, to establish a legal presumption that veterans who performed active military service at specific "covered locations"—including certain Department of Energy facilities and the Nevada Test and Training Range/Nevada National Security Site (on or after January 27, 1951)—were exposed to toxic substances. This presumption significantly simplifies the process for these veterans to claim service-connected disability benefits for diseases linked to toxic exposure, as they no longer need to individually prove their exposure.
Section 6
Study on Toxic Exposures at Covered Locations
This section mandates that the VA, in collaboration with the DoD, arrange for a scientific study by the Department of Health and Human Services or another scientific body. The study will investigate potential toxic exposures and environmental hazards at the "covered locations," identify specific exposures linked to military occupations, and analyze the association between these exposures and cancer rates among veterans using various health databases, with a report to Congress upon conclusion.
Section 7
Establishment of Covered Location Veteran Registry
This section requires the VA to create and maintain a registry of veterans who served at "covered locations" and may have experienced toxic exposure. The registry will collect epidemiological data, help VA and DoD verify service, inform veterans about available healthcare and benefits, and support research and claims processing related to toxic exposure. Veterans will have the option to opt-out, and the VA is tasked with actively recruiting unrepresented veterans to ensure comprehensive coverage.
Section 8
DoD Classification of Contaminated Locations and Information Sharing
This section mandates that the Department of Defense (DoD) officially classify the Nevada Test and Training Range/Nevada National Security Site (from January 27, 1951) and specific Department of Energy facilities as "locations where contamination occurred." It also requires DoD to establish a process to identify service members stationed at these sites, allowing veterans to provide documentation but not requiring it. Crucially, DoD must share all identified information with the VA to assist with veteran benefit claims.
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.
Section 3(c)
Why it matters:This is standard legislative practice to place procedural details within the relevant operational section, but its significance for veterans' claims could be overlooked by a casual reader.
Case for: Proponents argue this provision is essential for removing a significant barrier to benefits, acknowledging the difficulty veterans face in proving specific exposures decades after service, thereby streamlining the claims process.
Case against: Critics might argue that removing the requirement for affirmative evidence of exposure could broaden the scope of claims significantly, potentially leading to increased costs without direct scientific linkage for every individual claim.
Estimated impact: Significantly reduces the evidentiary burden for potentially thousands of veterans seeking service-connected benefits for toxic exposure.
Defines the period for which service at the Nevada Test and Training Range and Nevada National Security Site is considered a 'radiation-risk activity' as beginning on January 27, 1951, and ending on the later of the date DoD certifies no radiation risk or the date of enactment.
Section 4, new clause (viii) to 38 U.S.C. 1112(c)(3)(B)
Why it matters:This is standard legislative drafting for defining the applicability of a new statutory provision, but the specific dates are critical for determining eligibility.
Case for: Proponents argue that establishing a clear start date and a flexible end date (tied to safety certification or enactment) ensures comprehensive coverage for all potentially exposed veterans from the earliest known risks.
Case against: Some might argue that the January 27, 1951, start date is overly broad without more granular evidence of consistent radiation risk throughout the entire period, potentially leading to an expansive and costly presumption.
Estimated impact: Defines the eligibility window for presumptive radiation-related benefits for a specific group of veterans, potentially affecting thousands.