[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 191 Introduced in Senate (IS)]

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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. Hassan, 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 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.

    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 ``Burn Pits Accountability Act''.

SEC. 2. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE CHEMICALS AS PART 
              OF PERIODIC HEALTH ASSESSMENTS AND OTHER PHYSICAL 
              EXAMINATIONS.

    (a) Periodic Health Assessment.--The Secretary of Defense shall 
ensure that any periodic health assessment provided to members of the 
Armed Forces includes an evaluation of whether the member has been--
            (1) based or stationed at a location where an open burn pit 
        was used; or
            (2) exposed to toxic airborne chemicals, including any 
        information recorded as part of the Airborne Hazards and Open 
        Burn Pit Registry.
    (b) Separation History and Physical Examinations.--Section 
1145(a)(5) of title 10, United States Code, is amended by adding at the 
end the following new subparagraph:
    ``(C) The Secretary concerned shall ensure that each physical 
examination of a member under subparagraph (A) includes an assessment 
of whether the member was--
            ``(i) based or stationed at a location where an open burn 
        pit, as defined in subsection (c) of section 201 of the 
        Dignified Burial and Other Veterans' Benefits Improvement Act 
        of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used; or
            ``(ii) exposed to toxic airborne chemicals, including any 
        information recorded as part of the registry established by the 
        Secretary of Veterans Affairs under such section 201.''.
    (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, 
United States Code, is amended by adding at the end the following new 
subparagraph:
            ``(D) An assessment of whether the member was--
                    ``(i) based or stationed at a location where an 
                open burn pit, as defined in subsection (c) of section 
                201 of the Dignified Burial and Other Veterans' 
                Benefits Improvement Act of 2012 (Public Law 112-260; 
                38 U.S.C. 527 note), was used; or
                    ``(ii) exposed to toxic airborne chemicals, 
                including any information recorded as part of the 
                registry established by the Secretary of Veterans 
                Affairs under such section 201.''.
    (d) Sharing of Information.--
            (1) DOD-VA.--The Secretary of Defense and the Secretary of 
        Veterans Affairs shall jointly enter into a memorandum of 
        understanding providing for the sharing by the Department of 
        Defense with the Department of Veterans Affairs of the results 
        of covered evaluations regarding the exposure by a member of 
        the Armed Forces to toxic airborne chemicals.
            (2) Registry.--If a covered evaluation of a member of the 
        Armed Forces establishes that the member was based or stationed 
        at a location where an open burn pit was used, or the member 
        was exposed to toxic airborne chemicals, the member shall be 
        enrolled in the Airborne Hazards and Open Burn Pit Registry, 
        unless the member elects to not so enroll.
    (e) Rule of Construction.--Nothing in this section may be construed 
to preclude eligibility for benefits under the laws administered by the 
Secretary of Veterans Affairs by reason of the open burn pit exposure 
history of a veteran not being recorded in a covered evaluation.
    (f) Definitions.--In this section:
            (1) The term ``Airborne Hazards and Open Burn Pit 
        Registry'' means the registry established by the Secretary of 
        Veterans Affairs under section 201 of the Dignified Burial and 
        Other Veterans' Benefits Improvement Act of 2012 (Public Law 
        112-260; 38 U.S.C. 527 note).
            (2) The term ``covered evaluation'' means--
                    (A) a periodic health assessment conducted in 
                accordance with subsection (a);
                    (B) a separation history and physical examination 
                conducted under section 1145(a)(5) of title 10, United 
                States Code, as amended by this section; and
                    (C) a deployment assessment conducted under section 
                1074f(b)(2) of such title, as amended by this section.
            (3) The term ``open burn pit'' has the meaning given that 
        term in section 201(c) of the Dignified Burial and Other 
        Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 
        38 U.S.C. 527 note).
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