WIPE OUT Burn Pits Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 5712 Introduced in Senate (IS)]

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119th CONGRESS 2d Session S. 5712

To require reporting by the Department of Defense on the use of open- air burn pits, and for other purposes.

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IN THE SENATE OF THE UNITED STATES

November 10, 2026

Mr. Welch (for himself and Mr. Crapo) introduced the following bill; which was read twice and referred to the Committee on Armed Services

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A BILL

To require reporting by the Department of Defense on the use of open- air burn pits, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Waste Incineration Protection, Exposure Oversight, and Updated Tracking of Burn Pits Act'' or the ``WIPE OUT Burn Pits Act''.

SEC. 2. DEFINITIONS.

In this Act: (1) Contingency location.--The term ``contingency location'' means a non-enduring location outside the United States that supports and sustains operations during contingencies or other operations and is categorized by mission life-cycle requirements as initial, temporary, or semipermanent. (2) Cooperative security location.--The term ``cooperative security location'' means a facility-- (A) located outside the United States that is used by the Armed Forces of the United States based on an access agreement with the host nation; (B) that may have little or no permanent presence by the Armed Forces; and (C) that may be maintained by periodic support by the Armed Forces, a contractor, or the host nation. (3) Enduring location.--The term ``enduring location'' means a main operating base, forward operating site, or cooperative security location designated by the Department of Defense for strategic access and use to support the security interests of the United States for the foreseeable future. (4) Forward operating site.--The term ``forward operating site'' means a scalable location outside the United States intended for rotational use by operating forces. (5) Main operating base.--The term ``main operating base'' means a facility outside the United States used by operating forces or logistical support forces and supporting infrastructure. (6) Military installation.--The term ``military installation'' has the meaning given that term in section 2801 of title 10, United States Code. (7) Open-air burn pit.--The term ``open-air burn pit'' means an area that-- (A) is used for disposing solid waste by burning in the outdoor air; and (B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste. (8) Secretary.--The term ``Secretary'' means the Secretary of Defense.

SEC. 3. IDENTIFICATION AND REPORTING OF NON-DEPARTMENT OF DEFENSE CONTROLLED OPEN-AIR BURN PITS THAT COULD IMPACT MEMBERS OF THE ARMED FORCES.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the policy of the Department of Defense governing the use of open-air burn pits to require operational commanders to identify and report open-air burn pits that are not controlled by the Department of Defense disposing of waste that is not generated by the Department to the commanders of the combatant commands and the Joint Chiefs of Staff J-4 Logistics Directorate, including the presence of any open-air burn pit described in subsection (b). (b) Open-Air Burn Pit Described.--An open-air burn pit described in this subsection is an open-air burn pit not controlled by the Department of Defense used to dispose of non-Department generated waste that is-- (1) located within 4,000 meters of an installation of the Department of Defense, a military installation, or any other location where members of the Armed Forces are housed, either temporarily or permanently, including an enduring location, a contingency location, a military facility associated with an access agreement with a host nation, a main operating base, a forward operating site, or a cooperative security location; or (2) located within 4,000 meters of members of the Armed Forces and operated by an ally or partner of the United States, host nation forces, or a local entity that may result in exposure of such members. (c) Testing Requirement.--For any open-air burn pit identified and reported under subsection (a), the lead service component shall collect and evaluate air quality data, including by conducting air quality testing for toxins commonly associated with open-air burn pits, in and around the area of the open-air burn pit, as feasible, to document the effects of the open-air burning from such open-air burn pit. (d) Watch List Update.--The Secretary shall ensure that open-air burn pits identified under subsection (a) are included in the official watch list of the Department of known burn pits. (e) Inclusion of Information in Health Records.-- (1) Documentation of exposure risks and testing data.--The Secretary shall ensure that documented exposure risks associated with open-air burn pits identified under subsection (a) and data and results from testing under subsection (c) are incorporated into the individual health records of potentially exposed members of the Armed Forces. (2) Potential exposure.--Each commander of a combatant command, in coordination with the Director of the Defense Health Agency, shall-- (A) ensure any open-air burn pit identified and reported under subsection (a) is incorporated into exposure tracking mechanisms, including watch lists, for the purpose of documenting potential exposure by members of the Armed Forces in official health records; and (B) maintain and share open-air burn pit exposure data with the Joint Staff and the Secretary of the military department concerned to ensure the accuracy and completeness of permanent health records for members of the Armed Forces.

SEC. 4. REPORT ON EXISTING USE OF OPEN-AIR BURN PITS.

(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on existing open-air burn pits located, as of the date of the report, within 4,000 meters of an installation of the Department of Defense, a military installation, or any other location where members of the Armed Forces are housed, either temporarily or permanently, including an enduring location, a contingency location, a military facility associated with an access agreement with a host nation, a main operating base, a forward operating site, or a cooperative security location. (b) Elements.--The report required by subsection (a) shall include-- (1) an identification of-- (A) locations where members of the Armed Forces or personnel of the Department of Defense are documented to have come in contact with toxic airborne hazards from sources that are not generated by the Department; (B) locations where contractors of the Department are documented to have come in contact with toxic airborne hazards; (C) open-air burn pits operated or controlled by an ally or partner of the United States, host nation forces, or a local entity; (D) open-air burn pit locations that are in close proximity to a local community; and (E) any other type of burn pit; and (2) an assessment of the use of open-air burn pits by security forces of allies and partners of the United States.

SEC. 5. DEPLOYMENT OF ALTERNATIVE SOLID WASTE DISPOSAL SYSTEMS.

Not later than 180 days after the date of the enactment of this Act, the Secretary shall deploy, use, and sustain alternative solid waste disposal systems at locations where the Secretary determines open-air burn pits-- (1) exist at any military installation or other location where members of the Armed Forces are housed, either temporarily or permanently, including an enduring location, a contingency location, a military facility associated with an access agreement with a host nation, a main operating base, a forward operating site, or a cooperative security location; (2) are operated by the Department of Defense or a contractor of the Department; or (3) contain waste generated by activities of the Department.

SEC. 6. ENGAGEMENT WITH HOST NATIONS TO ELIMINATE USE OF OPEN-AIR BURN PITS.

(a) In General.--The Secretary, in coordination with the Secretary of State, shall engage with host nations to determine a plan to no longer use open-air burn pits controlled by the host nation in operations where members of the Armed Forces are in contact with toxic hazards from open-air burn pits. (b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on engagement by the Secretary under subsection (a). <all>