[Congressional Record Volume 164, Number 138 (Monday, August 20, 2018)]
[Senate]
[Pages S5725-S5726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3758. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 3695 proposed by Mr. Shelby to the bill H.R. 6157, 
making appropriations for the Department of Defense for the fiscal year 
ending September 30, 2019, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:

     SEC. ____. 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

[[Page S5726]]

     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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