II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Burn Pits Account3 ability Act’’. 

4 SEC. 2. EXPOSURE TO OPEN BURN PITS AND TOXIC AIR5 BORNE CHEMICALS AS PART OF PERIODIC 

6 HEALTH ASSESSMENTS AND OTHER PHYS7 ICAL EXAMINATIONS. 

8 (a) PERIODIC HEALTH ASSESSMENT.—The Sec9 retary of Defense shall ensure that any periodic health as10 sessment provided to members of the Armed Forces in11 cludes an evaluation of whether the member has been— 

12 (1) based or stationed at a location where an 

13 open burn pit was used; or 

14 (2) exposed to toxic airborne chemicals, includ15 ing any information recorded as part of the Airborne 

16 Hazards and Open Burn Pit Registry. 

17 (b) SEPARATION HISTORY AND PHYSICAL EXAMINA18 TIONS.—Section 1145(a)(5) of title 10, United States 

19 Code, is amended by adding at the end the following new 

20 subparagraph: 

21 ‘‘(C) The Secretary concerned shall ensure that each 

22 physical examination of a member under subparagraph 

23 (A) includes an assessment of whether the member was— 

24 ‘‘(i) based or stationed at a location where an 

25 open burn pit, as defined in subsection (c) of section 

26 201 of the Dignified Burial and Other Veterans’ 


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1 Benefits Improvement Act of 2012 (Public Law 

2 112–260; 38 U.S.C. 527 note), was used; or 

3 ‘‘(ii) exposed to toxic airborne chemicals, in4 cluding any information recorded as part of the reg5 istry established by the Secretary of Veterans Af6 fairs under such section 201.’’. 

7 (c) DEPLOYMENT ASSESSMENTS.—Section 

8 1074f(b)(2) of title 10, United States Code, is amended 

9 by adding at the end the following new subparagraph: 

10 ‘‘(D) An assessment of whether the member 

11 was— 

12 ‘‘(i) based or stationed at a location where 

13 an open burn pit, as defined in subsection (c) 

14 of section 201 of the Dignified Burial and 

15 Other Veterans’ Benefits Improvement Act of 

16 2012 (Public Law 112–260; 38 U.S.C. 527 

17 note), was used; or 

18 ‘‘(ii) exposed to toxic airborne chemicals, 

19 including any information recorded as part of 

20 the registry established by the Secretary of Vet21 erans Affairs under such section 201.’’. 

22 (d) SHARING OF INFORMATION.— 

23 (1) DOD–VA.—The Secretary of Defense and 

24 the Secretary of Veterans Affairs shall jointly enter 

25 into a memorandum of understanding providing for 


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1 the sharing by the Department of Defense with the 

2 Department of Veterans Affairs of the results of 

3 covered evaluations regarding the exposure by a 

4 member of the Armed Forces to toxic airborne 

5 chemicals. 

6 (2) REGISTRY.—If a covered evaluation of a 

7 member of the Armed Forces establishes that the 

8 member was based or stationed at a location where 

9 an open burn pit was used, or the member was ex10 posed to toxic airborne chemicals, the member shall 

11 be enrolled in the Airborne Hazards and Open Burn 

12 Pit Registry, unless the member elects to not so en13 roll. 

14 (e) RULE OF CONSTRUCTION.—Nothing in this sec15 tion may be construed to preclude eligibility for benefits 

16 under the laws administered by the Secretary of Veterans 

17 Affairs by reason of the open burn pit exposure history 

18 of a veteran not being recorded in a covered evaluation. 

19 (f) DEFINITIONS.—In this section: 

20 (1) The term ‘‘Airborne Hazards and Open 

21 Burn Pit Registry’’ means the registry established 

22 by the Secretary of Veterans Affairs under section 

23 201 of the Dignified Burial and Other Veterans’ 

24 Benefits Improvement Act of 2012 (Public Law 

25 112–260; 38 U.S.C. 527 note). 


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1 (2) The term ‘‘covered evaluation’’ means— 

2 (A) a periodic health assessment conducted 

3 in accordance with subsection (a); 

4 (B) a separation history and physical ex5 amination conducted under section 1145(a)(5) 

6 of title 10, United States Code, as amended by 

7 this section; and 

8 (C) a deployment assessment conducted 

9 under section 1074f(b)(2) of such title, as 

10 amended by this section. 

11 (3) The term ‘‘open burn pit’’ has the meaning 

12 given that term in section 201(c) of the Dignified 

13 Burial and Other Veterans’ Benefits Improvement 

14 Act of 2012 (Public Law 112–260; 38 U.S.C. 527 

15 note). 

Æ 


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