Burn Pits Accountability Act

II 116TH CONGRESS 1ST SESSION S. 191 To direct the Secretary of Defense to include in periodic health assessments, separation history and physical examinations, and other assessments an evaluation of whether a member of the Armed Forces has been exposed to open burn pits or toxic airborne chemicals, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 17, 2019 Ms. KLOBUCHAR (for herself, Mr. SULLIVAN, Ms. BALDWIN, Mr. BLUMENTHAL, Mr. BOOZMAN, Mr. BROWN, Mr. CASEY, Mr. COTTON, Mr. CRUZ, Ms. DUCKWORTH, Mrs. GILLIBRAND, Ms. HARRIS, Ms. HAS- SAN, Mr. KAINE, Mr. KING, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MORAN, Mr. PETERS, Ms. ROSEN, Mr. SANDERS, Mrs. SHAHEEN, Ms. SMITH, Ms. STABENOW, Ms. WARREN, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to include in periodic health assessments, separation history and physical ex- aminations, and other assessments an evaluation of whether a member of the Armed Forces has been ex- posed to open burn pits or toxic airborne chemicals, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:35 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S191.IS S191 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 191 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Burn Pits Account- 2 ability Act’’. 3 SEC. 2. EXPOSURE TO OPEN BURN PITS AND TOXIC AIR- 4 BORNE CHEMICALS AS PART OF PERIODIC 5 HEALTH ASSESSMENTS AND OTHER PHYS- 6 ICAL EXAMINATIONS. 7 (a) PERIODIC HEALTH ASSESSMENT.—The Sec- 8 retary of Defense shall ensure that any periodic health as- 9 sessment provided to members of the Armed Forces in- 10 cludes an evaluation of whether the member has been— 11 (1) based or stationed at a location where an 12 open burn pit was used; or 13 (2) exposed to toxic airborne chemicals, includ- 14 ing any information recorded as part of the Airborne 15 Hazards and Open Burn Pit Registry. 16 (b) SEPARATION HISTORY AND PHYSICAL EXAMINA- 17 TIONS.—Section 1145(a)(5) of title 10, United States 18 Code, is amended by adding at the end the following new 19 subparagraph: 20 ‘‘(C) The Secretary concerned shall ensure that each 21 physical examination of a member under subparagraph 22 (A) includes an assessment of whether the member was— 23 ‘‘(i) based or stationed at a location where an 24 open burn pit, as defined in subsection (c) of section 25 201 of the Dignified Burial and Other Veterans’ 26 VerDate Sep 11 2014 01:35 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S191.IS S191 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 191 IS Benefits Improvement Act of 2012 (Public Law 1 112–260; 38 U.S.C. 527 note), was used; or 2 ‘‘(ii) exposed to toxic airborne chemicals, in- 3 cluding any information recorded as part of the reg- 4 istry established by the Secretary of Veterans Af- 5 fairs under such section 201.’’. 6 (c) DEPLOYMENT ASSESSMENTS.—Section 7 1074f(b)(2) of title 10, United States Code, is amended 8 by adding at the end the following new subparagraph: 9 ‘‘(D) An assessment of whether the member 10 was— 11 ‘‘(i) based or stationed at a location where 12 an open burn pit, as defined in subsection (c) 13 of section 201 of the Dignified Burial and 14 Other Veterans’ Benefits Improvement Act of 15 2012 (Public Law 112–260; 38 U.S.C. 527 16 note), was used; or 17 ‘‘(ii) exposed to toxic airborne chemicals, 18 including any information recorded as part of 19 the registry established by the Secretary of Vet- 20 erans Affairs under such section 201.’’. 21 (d) SHARING OF INFORMATION.— 22 (1) DOD–VA.—The Secretary of Defense and 23 the Secretary of Veterans Affairs shall jointly enter 24 into a memorandum of understanding providing for 25 VerDate Sep 11 2014 01:35 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S191.IS S191 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 191 IS the sharing by the Department of Defense with the 1 Department of Veterans Affairs of the results of 2 covered evaluations regarding the exposure by a 3 member of the Armed Forces to toxic airborne 4 chemicals. 5 (2) REGISTRY.—If a covered evaluation of a 6 member of the Armed Forces establishes that the 7 member was based or stationed at a location where 8 an open burn pit was used, or the member was ex- 9 posed to toxic airborne chemicals, the member shall 10 be enrolled in the Airborne Hazards and Open Burn 11 Pit Registry, unless the member elects to not so en- 12 roll. 13 (e) RULE OF CONSTRUCTION.—Nothing in this sec- 14 tion may be construed to preclude eligibility for benefits 15 under the laws administered by the Secretary of Veterans 16 Affairs by reason of the open burn pit exposure history 17 of a veteran not being recorded in a covered evaluation. 18 (f) DEFINITIONS.—In this section: 19 (1) The term ‘‘Airborne Hazards and Open 20 Burn Pit Registry’’ means the registry established 21 by the Secretary of Veterans Affairs under section 22 201 of the Dignified Burial and Other Veterans’ 23 Benefits Improvement Act of 2012 (Public Law 24 112–260; 38 U.S.C. 527 note). 25 VerDate Sep 11 2014 01:35 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S191.IS S191 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 191 IS (2) The term ‘‘covered evaluation’’ means— 1 (A) a periodic health assessment conducted 2 in accordance with subsection (a); 3 (B) a separation history and physical ex- 4 amination conducted under section 1145(a)(5) 5 of title 10, United States Code, as amended by 6 this section; and 7 (C) a deployment assessment conducted 8 under section 1074f(b)(2) of such title, as 9 amended by this section. 10 (3) The term ‘‘open burn pit’’ has the meaning 11 given that term in section 201(c) of the Dignified 12 Burial and Other Veterans’ Benefits Improvement 13 Act of 2012 (Public Law 112–260; 38 U.S.C. 527 14 note). 15 Æ VerDate Sep 11 2014 01:35 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S191.IS S191 pamtmann on DSKBFK8HB2PROD with BILLS