I 
116TH CONGRESS 
1ST SESSION 
H. R. 663 
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 
JANUARY 17, 2019 
Ms. GABBARD (for herself, Mr. MAST, Mr. BACON, Mr. BANKS, Mrs. BEATTY, 
Mr. BERGMAN, Mr. BYRNE, Mr. CA´RDENAS, Ms. CLARKE of New York, 
Mr. RODNEY DAVIS of Illinois, Mrs. DAVIS of California, Mr. DEFAZIO, 
Ms. DELAURO, Mrs. DEMINGS, Mr. DEUTCH, Mrs. DINGELL, Mr. 
ENGEL, Mr. ESPAILLAT, Mr. FITZPATRICK, Mr. FLEISCHMANN, Mr. 
FORTENBERRY, Mr. FOSTER, Mr. GAETZ, Mr. GARAMENDI, Mr. 
GIANFORTE, Mr. GONZALEZ of Texas, Miss GONZA´LEZ-COLO´N of Puerto 
Rico, Mr. GREEN of Texas, Mr. GRIFFITH, Mr. HARDER of California, 
Mrs. HARTZLER, Mr. HASTINGS, Mrs. HAYES, Mr. HOLDING, Mr. JOHN-
SON of Georgia, Mr. JONES, Ms. KAPTUR, Mr. KATKO, Mr. KHANNA, Mr. 
KILMER, Mr. KIND, Mr. KING of Iowa, Ms. KUSTER of New Hampshire, 
Mr. LANGEVIN, Mr. LAMBORN, Mrs. LEE of Nevada, Mrs. LOWEY, Mrs. 
LURIA, Mrs. CAROLYN B. MALONEY of New York, Mr. MARINO, Ms. 
MATSUI, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MEEKS, Ms. MOORE, Mr. 
MOULTON, Mrs. NAPOLITANO, Mr. NORMAN, Ms. NORTON, Mr. PA-
NETTA, Mr. PAYNE, Ms. PINGREE, Mr. POCAN, Mrs. RADEWAGEN, Mr. 
ROSE of New York, Ms. ROYBAL-ALLARD, Mr. RYAN, Mr. RUTHERFORD, 
Mr. SABLAN, Mr. SCHRADER, Mr. SENSENBRENNER, Mr. SHERMAN, Mr. 
SMITH of Missouri, Mr. SOTO, Mr. TIPTON, Mrs. TORRES of California, 
Mr. VELA, Ms. VELA´ZQUEZ, Mrs. WALORSKI, Mr. WELCH, Ms. WILSON 
of Florida, Mr. RUSH, Ms. LOFGREN, Mr. COLLINS of New York, Mr. 
COHEN, Mr. BISHOP of Georgia, and Mr. GREEN of Tennessee) intro-
duced 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 com-
mittee concerned 
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A BILL 
To direct the Secretary of Defense to include in periodic 
health assessments, separation history and physical ex-
aminations, and other assessments an evaluation of 
whether a member of the Armed Forces has been ex-
posed to open burn pits or toxic airborne chemicals, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Burn Pits Account-
ability Act’’. 
SEC. 2. EXPOSURE TO OPEN BURN PITS AND TOXIC AIR-
BORNE CHEMICALS AS PART OF PERIODIC 
HEALTH ASSESSMENTS AND OTHER PHYS-
ICAL EXAMINATIONS. 
(a) PERIODIC HEALTH ASSESSMENT.—The Sec-
retary of Defense shall ensure that any periodic health as-
sessment provided to members of the Armed Forces in-
cludes 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, includ-
ing any information recorded as part of the Airborne 
Hazards and Open Burn Pit Registry. 
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(b) SEPARATION HISTORY AND PHYSICAL EXAMINA-
TIONS.—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, in-
cluding any information recorded as part of the reg-
istry established by the Secretary of Veterans Af-
fairs 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 
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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 Vet-
erans 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 ex-
posed 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 en-
roll. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to preclude eligibility for benefits 
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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 ex-
amination 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 
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Act of 2012 (Public Law 112–260; 38 U.S.C. 527 
note). 
Æ 
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