[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3181 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 3181
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.
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IN THE SENATE OF THE UNITED STATES
June 28, 2018
Ms. Klobuchar (for herself, Mr. Sullivan, and Mr. Blumenthal)
introduced the following bill; which was read twice and referred to the
Committee on Armed Services
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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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