EXEMPTION FROM PROHIBITION ON USE OF OPEN-AIR BURN PITS IN CONTINGENCY OPERATIONS OUTSIDE THE UNITED STATES.

SEC. 316. EXEMPTION FROM PROHIBITION ON USE OF OPEN-AIR BURN PITS IN CONTINGENCY OPERATIONS OUTSIDE THE UNITED STATES. Section 317(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2701 note) is amended by adding at the end the following new paragraphs: “(3) Exemption authority for certain locations.— “(A) In general.—The Secretary may exempt a location from the prohibition under paragraph (1) if the Secretary determines it is in the paramount interest of the United States to do so. “(B) Nondelegation.—The Secretary may not delegate the authority under subparagraph (A). “(4) Reporting requirement for location exemptions.— “(A) In general.—Not later than 30 days after granting an exemption pursuant to paragraph (3)(A) with respect to the use of an open-air burn pit at a location, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written report that identifies— “(i) the location of the open-air burn pit; “(ii) the number of personnel of the United States assigned to the location where the open-air burn pit is being used; “(iii) the size and expected duration of use of the open-air burn pit; “(iv) the personal protective equipment or other health risk mitigation efforts that will be used by members of the armed forces when airborne hazards are present, including how such equipment will be provided when required; and “(v) the need for the open-air burn pit and rationale for granting the exemption. “(B) Form.—A report submitted under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.” .