Burn Pits Accountability Act

Burn Pits Accountability Act

This bill requires the Department of Defense (DOD) and the military departments to evaluate whether each member of the Armed Forces has been (1) based or stationed where an open air burn pit was used to dispose of waste, or (2) exposed to toxic airborne chemicals. Members located where an open burn pit was used or exposed to toxic airborne chemicals must be enrolled in the Airborne Hazards and Open Burn Pit Registry, unless the member elects not to enroll.

The evaluations must be included in periodic health assessments, physical exams conducted immediately prior to separation from active duty, and deployment assessments.

DOD must share the results of the evaluations with the Department of Veterans Affairs.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5671 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5671

   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

                              May 1, 2018

 Ms. Gabbard (for herself and Mr. Mast) introduced 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 committee concerned

_______________________________________________________________________

                                 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 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 section 201 of the 
        Dignified Burial and Other Veterans' Benefits Improvement Act 
        of 2012 (Public Law 112-260; 38 U.S.C. 527 note).''.
    (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 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 section 201 of the Dignified Burial and 
                Other Veterans' Benefits Improvement Act of 2012 
                (Public Law 112-260; 38 U.S.C. 527 note).''.
    (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) 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 title 10, United States Code, 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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