I 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Burn Pits Account5 ability Act’’. 


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1 SEC. 2. EXPOSURE TO OPEN BURN PITS AND TOXIC AIR2 BORNE CHEMICALS AS PART OF PERIODIC 

3 HEALTH ASSESSMENTS AND OTHER PHYS4 ICAL EXAMINATIONS. 

5 (a) PERIODIC HEALTH ASSESSMENT.—The Sec6 retary of Defense shall ensure that any periodic health as7 sessment provided to members of the Armed Forces in8 cludes an evaluation of whether the member has been— 

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

10 open burn pit was used; or 

11 (2) exposed to toxic airborne chemicals, includ12 ing any information recorded as part of the Airborne 

13 Hazards and Open Burn Pit Registry. 

14 (b) SEPARATION HISTORY AND PHYSICAL EXAMINA15 TIONS.—Section 1145(a)(5) of title 10, United States 

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

17 subparagraph: 

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

19 physical examination of a member under subparagraph 

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

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

22 open burn pit was used; or 

23 ‘‘(ii) exposed to toxic airborne chemicals, in24 cluding any information recorded as part of the reg25 istry established by the Secretary of Veterans Af26 fairs under section 201 of the Dignified Burial and 


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1 Other Veterans’ Benefits Improvement Act of 2012 

2 (Public Law 112–260; 38 U.S.C. 527 note).’’. 

3 (c) DEPLOYMENT ASSESSMENTS.—Section 

4 1074f(b)(2) of title 10, United States Code, is amended 

5 by adding at the end the following new subparagraph: 

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

7 was— 

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

9 an open burn pit was used; or 

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

11 including any information recorded as part of 

12 the registry established by the Secretary of Vet13 erans Affairs under section 201 of the Dignified 

14 Burial and Other Veterans’ Benefits Improve15 ment Act of 2012 (Public Law 112–260; 38 

16 U.S.C. 527 note).’’. 

17 (d) SHARING OF INFORMATION.— 

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

19 the Secretary of Veterans Affairs shall jointly enter 

20 into a memorandum of understanding providing for 

21 the sharing by the Department of Defense with the 

22 Department of Veterans Affairs of the results of 

23 covered evaluations regarding the exposure by a 

24 member of the Armed Forces to toxic airborne 

25 chemicals. 


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

2 member of the Armed Forces establishes that the 

3 member was based or stationed at a location where 

4 an open burn pit was used, or the member was ex5 posed to toxic airborne chemicals, the member shall 

6 be enrolled in the Airborne Hazards and Open Burn 

7 Pit Registry, unless the member elects to not so en8 roll. 

9 (e) DEFINITIONS.—In this section: 

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

11 Burn Pit Registry’’ means the registry established 

12 by the Secretary of Veterans Affairs under section 

13 201 of the Dignified Burial and Other Veterans’ 

14 Benefits Improvement Act of 2012 (Public Law 

15 112–260; 38 U.S.C. 527 note). 

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

17 (A) a periodic health assessment conducted 

18 in accordance with subsection (a); 

19 (B) a separation history and physical ex20 amination conducted under section 1145(a)(5) 

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

22 this section; and 

23 (C) a deployment assessment conducted 

24 under section 1074f(b)(2) of title 10, United 

25 States Code, as amended by this section. 


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

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

3 Burial and Other Veterans’ Benefits Improvement 

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

5 note). 

Æ 


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