Laws that Help K2 Veterans

Care of Veterans With Service in Uzbekistan

Executive Order 13982

Enacted on January 19, 2021

Care of Veterans With Service in Uzbekistan

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:


Section 1. The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall consider whether to designate veterans who served on active duty in Uzbekistan between October 1, 2001, and December 31, 2005, as veterans who served on active duty in a theater of combat operations pursuant to section 1710(e)(1)(D) of title 38, United States Code.


Sec. 2. Within 365 days of the date of this order, the Secretary of Defense shall conduct a rigorous study investigating toxic exposure by members of the Armed Forces deployed to the Karshi-Khanabad Air Base, Uzbekistan (Air Base), between October 1, 2001, and December 31, 2005. The Secretary of Defense shall submit a report summarizing the findings of the study to the President, through the Secretary of Veterans Affairs. The study shall include the following elements:


(a) A detailed assessment of the conditions at the Air Base between October 1, 2001, and December 31, 2005, including identification of any toxic substances contaminating the Air Base during such period, the exact locations of the toxic substances, the time frames of exposure to the toxic substances, the service members exposed to the toxic substances, and the circumstances of such exposure.


(b) A rigorous epidemiological study of any health consequences for members of the Armed Forces deployed to the Air Base between October 1, 2001, and December 31, 2005. This study shall be of equivalent rigor to studies used by the Department of Veterans Affairs to make determinations regarding diseases subject to presumptive service connections.


(c) An assessment of any causal link between exposure to any toxic substances identified in subsection (a) of this section and any health consequences studied under subsection (b) of this section.


Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:


(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget related to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.


Start Printed Page 6834



(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.


THE WHITE HOUSE, January 19, 2021. Filed 1-22-21; 8:45 am]

[FR Doc. 2021-01712

Billing code 3295-F1-P


15,777+ U.S. troops: 15,777+ deployed from 2001-2005 to K2 - Karshi-Khanabad, a former Soviet base.


Toxic Exposure: Our nation’s heroes were exposed to depleted uranium, chemical weapons (such as cyanide in the showers), and fuels and solvents which manifested as toxic black goo.


Cancer: 500% higher likelihood of cancer according to a 2015 Army study; K2 veterans are now dying at an increasing rate, potentially due to this exposure.


The DoD recently conducted an initial study to look at cancer outcomes among service members deployed to K-2 and found a higher risk of malignant melanoma and neoplasms of the lymphatic and hematopoietic tissues (excluding Non-Hodgkin Lymphoma and Leukemia).


The VA is participating with DoD in follow-up to assess the health of those who deployed to K-2. VA and DoD hope this research will provide more definitive scientific evidence on the relationship between health and exposures at K-2.


Historical Responses: VA and DoD have historically stood by idly far too long as our troops suffered from Agent Orange in Vietnam and from burn pits in Iraq and Afghanistan – this cannot happen again.

Enacted on January 1, 2021

Section 751 Specifically deals with K2 Veterans

Section 751.

Study on exposure to toxic substances at Karshi-Khanabad Air Base, Uzbekistan

(a) Study -

 

(1) In general -

The Secretary of Defense shall conduct a study on exposure to toxic substances by members of the Armed Forces deployed to Karshi-Khanabad Air Base, Uzbekistan, at any time during the period beginning on October 1, 2001, and ending on December 31, 2005.

(2) Matters included

The study under paragraph (1) shall include the following:

(A) An assessment regarding the conditions of Karshi-Khanabad Air Base, Uzbekistan, during the period beginning on October 1, 2001, and ending on December 31, 2005, including an identification of any toxic substances contaminating the Air Base during such period. 

(B) An epidemiological study of the health consequences of members of the Armed Forces deployed to the Air Base at any time during such period. 

(C) An assessment of any association between exposure to toxic substances identified under subparagraph (A) and the health consequences studied under subparagraph

(B). 

(b) Report -

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the results of the study under subsection (a).


15,777+ U.S. troops: 15,777+ deployed from 2001-2005 to K2 - Karshi-Khanabad, a former Soviet base.


Toxic Exposure: Our nation’s heroes were exposed to depleted uranium, chemical weapons (such as cyanide in the showers), and fuels and solvents which manifested as toxic black goo.


Cancer: 500% higher likelihood of cancer according to a 2015 Army study; K2 veterans are now dying at an increasing rate, potentially due to this exposure.


The DoD recently conducted an initial study to look at cancer outcomes among service members deployed to K-2 and found a higher risk of malignant melanoma and neoplasms of the lymphatic and hematopoietic tissues (excluding Non-Hodgkin Lymphoma and Leukemia).


The VA is participating with DoD in follow-up to assess the health of those who deployed to K-2. VA and DoD hope this research will provide more definitive scientific evidence on the relationship between health and exposures at K-2.


Historical Responses: VA and DoD have historically stood by idly far too long as our troops suffered from Agent Orange in Vietnam and from burn pits in Iraq and Afghanistan – this cannot happen again.

Enacted on January 5, 2021

Section 751 Specifically deals with K2 Veterans

Section 2010.


Study on exposure by members of the Armed Forces to toxicants at Karshi-Khanabad Air Base in Uzbekistan


(a) Agreement and study -


Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Administrator of the Agency for Toxic Substances and Disease Registry for the Administrator to complete, not later than 10 years after the date of the enactment of this Act, a study to identify —


(1) incidents of cancer and other diseases or illnesses experienced by individuals who served in the active military, naval, or air service (as defined in section 101 of title 38, United States Code) in the covered location set forth under subsection (b) during the corresponding period set forth under such subsection; and

(2) a list of toxic substances, chemicals, ionizing radiation, and airborne hazards such individuals may have been exposed to during such service.

(b) Covered location and corresponding period - 

The covered location and corresponding period set forth under this subsection are Karshi-Khanabad (K2) Air Base in Uzbekistan and the period beginning on October 1, 2001, and ending on September 30, 2005.


(c) Elements -

The study conducted under subsection (a) shall include the following:


(1) An assessment regarding the conditions of the covered location set forth under subsection (b), including an identification of toxic substances, chemicals, ionizing radiation, and airborne hazards contaminating such covered location during such corresponding period. 

(2) An epidemiological study of the health consequences of the service described in subsection (a) to the individuals described in such subsection. 

(d) Support for study - 

(1) In general -

The Secretary shall provide the Administrator with assistance in carrying out the study required by subsection (a), including by gathering such information as the Administrator may consider useful in carrying out the study.


(2) Obtaining information concerning exposure -

Assistance under paragraph (1) provided by the Secretary of Veterans Affairs shall include compiling information on exposure described in subsection (a)(2) and the Secretary of Defense shall provide to the Secretary of Veterans Affairs such information concerning such exposure as the Secretary of Veterans Affairs considers appropriate for purposes of the study required by subsection (a), including environmental sampling data relative to any location covered by the study.


(e) Biennial updates -

No later than the date that is two years after the date of the enactment of this Act and not less frequently than once every two years thereafter until the date on which the study required by subsection (a) is completed, the Administrator shall submit to the appropriate committees of Congress updates on the status of the matters covered by such study, including any preliminary findings of the Administrator.


(f) Final report -

Not later than 60 days after the date on which the study required by subsection (a) is completed, the Administrator shall submit to the appropriate committees of Congress a report on the findings of the Administrator with respect to such study.


(g) Inclusion of Uzbekistan in certain registries and programs -


Section 201(c)(2) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note) is amended, in the matter preceding subparagraph (A), by striking Afghanistan or Iraq and inserting Afghanistan, Iraq, or Uzbekistan.


(h) Depleted Uranium Follow-up Programs -


The Secretary of Veterans Affairs shall ensure that any individual who deployed as a member of the Armed Forces to the covered location set forth in subsection (b) during the corresponding period set forth in such subsection is covered by the Depleted Uranium Follow-up Programs of the Department of Veterans Affairs.


(i) Appropriate committees of Congress defined -

In this section, the term appropriate committees of Congress means -


(1) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and

(2) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives.

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