Burn Pits Accountability Act

I 116TH CONGRESS 1ST SESSION H. R. 663 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 HOUSE OF REPRESENTATIVES JANUARY 17, 2019 Ms. GABBARD (for herself, Mr. MAST, Mr. BACON, Mr. BANKS, Mrs. BEATTY, Mr. BERGMAN, Mr. BYRNE, Mr. CA´RDENAS, Ms. CLARKE of New York, Mr. RODNEY DAVIS of Illinois, Mrs. DAVIS of California, Mr. DEFAZIO, Ms. DELAURO, Mrs. DEMINGS, Mr. DEUTCH, Mrs. DINGELL, Mr. ENGEL, Mr. ESPAILLAT, Mr. FITZPATRICK, Mr. FLEISCHMANN, Mr. FORTENBERRY, Mr. FOSTER, Mr. GAETZ, Mr. GARAMENDI, Mr. GIANFORTE, Mr. GONZALEZ of Texas, Miss GONZA´LEZ-COLO´N of Puerto Rico, Mr. GREEN of Texas, Mr. GRIFFITH, Mr. HARDER of California, Mrs. HARTZLER, Mr. HASTINGS, Mrs. HAYES, Mr. HOLDING, Mr. JOHN- SON of Georgia, Mr. JONES, Ms. KAPTUR, Mr. KATKO, Mr. KHANNA, Mr. KILMER, Mr. KIND, Mr. KING of Iowa, Ms. KUSTER of New Hampshire, Mr. LANGEVIN, Mr. LAMBORN, Mrs. LEE of Nevada, Mrs. LOWEY, Mrs. LURIA, Mrs. CAROLYN B. MALONEY of New York, Mr. MARINO, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MEEKS, Ms. MOORE, Mr. MOULTON, Mrs. NAPOLITANO, Mr. NORMAN, Ms. NORTON, Mr. PA- NETTA, Mr. PAYNE, Ms. PINGREE, Mr. POCAN, Mrs. RADEWAGEN, Mr. ROSE of New York, Ms. ROYBAL-ALLARD, Mr. RYAN, Mr. RUTHERFORD, Mr. SABLAN, Mr. SCHRADER, Mr. SENSENBRENNER, Mr. SHERMAN, Mr. SMITH of Missouri, Mr. SOTO, Mr. TIPTON, Mrs. TORRES of California, Mr. VELA, Ms. VELA´ZQUEZ, Mrs. WALORSKI, Mr. WELCH, Ms. WILSON of Florida, Mr. RUSH, Ms. LOFGREN, Mr. COLLINS of New York, Mr. COHEN, Mr. BISHOP of Georgia, and Mr. GREEN of Tennessee) intro- duced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned VerDate Sep 11 2014 21:47 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H663.IH H663 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 663 IH 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Burn Pits Account- 4 ability Act’’. 5 SEC. 2. EXPOSURE TO OPEN BURN PITS AND TOXIC AIR- 6 BORNE CHEMICALS AS PART OF PERIODIC 7 HEALTH ASSESSMENTS AND OTHER PHYS- 8 ICAL EXAMINATIONS. 9 (a) PERIODIC HEALTH ASSESSMENT.—The Sec- 10 retary of Defense shall ensure that any periodic health as- 11 sessment provided to members of the Armed Forces in- 12 cludes an evaluation of whether the member has been— 13 (1) based or stationed at a location where an 14 open burn pit was used; or 15 (2) exposed to toxic airborne chemicals, includ- 16 ing any information recorded as part of the Airborne 17 Hazards and Open Burn Pit Registry. 18 VerDate Sep 11 2014 21:47 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H663.IH H663 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 663 IH (b) SEPARATION HISTORY AND PHYSICAL EXAMINA- 1 TIONS.—Section 1145(a)(5) of title 10, United States 2 Code, is amended by adding at the end the following new 3 subparagraph: 4 ‘‘(C) The Secretary concerned shall ensure that each 5 physical examination of a member under subparagraph 6 (A) includes an assessment of whether the member was— 7 ‘‘(i) based or stationed at a location where an 8 open burn pit, as defined in subsection (c) of section 9 201 of the Dignified Burial and Other Veterans’ 10 Benefits Improvement Act of 2012 (Public Law 11 112–260; 38 U.S.C. 527 note), was used; or 12 ‘‘(ii) exposed to toxic airborne chemicals, in- 13 cluding any information recorded as part of the reg- 14 istry established by the Secretary of Veterans Af- 15 fairs under such section 201.’’. 16 (c) DEPLOYMENT ASSESSMENTS.—Section 17 1074f(b)(2) of title 10, United States Code, is amended 18 by adding at the end the following new subparagraph: 19 ‘‘(D) An assessment of whether the member 20 was— 21 ‘‘(i) based or stationed at a location where 22 an open burn pit, as defined in subsection (c) 23 of section 201 of the Dignified Burial and 24 Other Veterans’ Benefits Improvement Act of 25 VerDate Sep 11 2014 21:47 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H663.IH H663 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 663 IH 2012 (Public Law 112–260; 38 U.S.C. 527 1 note), was used; or 2 ‘‘(ii) exposed to toxic airborne chemicals, 3 including any information recorded as part of 4 the registry established by the Secretary of Vet- 5 erans Affairs under such section 201.’’. 6 (d) SHARING OF INFORMATION.— 7 (1) DOD–VA.—The Secretary of Defense and 8 the Secretary of Veterans Affairs shall jointly enter 9 into a memorandum of understanding providing for 10 the sharing by the Department of Defense with the 11 Department of Veterans Affairs of the results of 12 covered evaluations regarding the exposure by a 13 member of the Armed Forces to toxic airborne 14 chemicals. 15 (2) REGISTRY.—If a covered evaluation of a 16 member of the Armed Forces establishes that the 17 member was based or stationed at a location where 18 an open burn pit was used, or the member was ex- 19 posed to toxic airborne chemicals, the member shall 20 be enrolled in the Airborne Hazards and Open Burn 21 Pit Registry, unless the member elects to not so en- 22 roll. 23 (e) RULE OF CONSTRUCTION.—Nothing in this sec- 24 tion may be construed to preclude eligibility for benefits 25 VerDate Sep 11 2014 21:47 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H663.IH H663 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 663 IH under the laws administered by the Secretary of Veterans 1 Affairs by reason of the open burn pit exposure history 2 of a veteran not being recorded in a covered evaluation. 3 (f) DEFINITIONS.—In this section: 4 (1) The term ‘‘Airborne Hazards and Open 5 Burn Pit Registry’’ means the registry established 6 by the Secretary of Veterans Affairs under section 7 201 of the Dignified Burial and Other Veterans’ 8 Benefits Improvement Act of 2012 (Public Law 9 112–260; 38 U.S.C. 527 note). 10 (2) The term ‘‘covered evaluation’’ means— 11 (A) a periodic health assessment conducted 12 in accordance with subsection (a); 13 (B) a separation history and physical ex- 14 amination conducted under section 1145(a)(5) 15 of title 10, United States Code, as amended by 16 this section; and 17 (C) a deployment assessment conducted 18 under section 1074f(b)(2) of such title, as 19 amended by this section. 20 (3) The term ‘‘open burn pit’’ has the meaning 21 given that term in section 201(c) of the Dignified 22 Burial and Other Veterans’ Benefits Improvement 23 VerDate Sep 11 2014 21:47 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H663.IH H663 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 663 IH Act of 2012 (Public Law 112–260; 38 U.S.C. 527 1 note). 2 Æ VerDate Sep 11 2014 21:47 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H663.IH H663 pamtmann on DSKBFK8HB2PROD with BILLS