II 

116TH CONGRESS 

2D SESSION S. 3911 

To require the Secretary of Defense to establish a task force to address 

the effects of the release of perfluoroalkyl substances and polyfluoroalkyl 

substances from activities of the Department of Defense, to include 

exposure to such substances in periodic health assessments of members 

of the Armed Forces, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2020 

Mrs. SHAHEEN introduced the following bill; which was read twice and 

referred to the Committee on Armed Services 

A BILL 

To require the Secretary of Defense to establish a task 

force to address the effects of the release of 

perfluoroalkyl substances and polyfluoroalkyl substances 

from activities of the Department of Defense, to include 

exposure to such substances in periodic health assessments of members of the Armed Forces, 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 ‘‘PFAS Exposure As5 sessment and Documentation Act’’. 


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1 SEC. 2. PERFLUOROALKYL AND POLYFLUOROALKYL SUB2 STANCES TASK FORCE OF DEPARTMENT OF 

3 DEFENSE. 

4 (a) IN GENERAL.—The Secretary of Defense shall es5 tablish a task force to address the effects of the release 

6 of perfluoroalkyl substances and polyfluoroalkyl sub7 stances from activities of the Department of Defense (in 

8 this section referred to as the ‘‘PFAS Task Force’’). 

9 (b) MEMBERSHIP.—The members of the PFAS Task 

10 Force are the following: 

11 (1) The Assistant Secretary of Defense for 

12 Sustainment. 

13 (2) The Assistant Secretary of the Army for In14 stallations, Energy, and Environment. 

15 (3) The Assistant Secretary of the Navy for 

16 Energy, Installations, and Environment. 

17 (4) The Assistant Secretary of the Air Force 

18 for Installations, Environment, and Energy. 

19 (5) A liaison from the Department of Veterans 

20 Affairs to be determined by the Secretary of Vet21 erans Affairs. 

22 (c) CHAIRMAN.—The Assistant Secretary of Defense 

23 for Sustainment shall be the chairman of the PFAS Task 

24 Force. 

25 (d) SUPPORT.—The Under Secretary of Defense for 

26 Personnel and Readiness and such other individuals as the 


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1 Secretary of Defense considers appropriate shall support 

2 the activities of the PFAS Task Force. 

3 (e) DUTIES.—The duties of the PFAS Task Force 

4 are the following: 

5 (1) Analysis of the health aspects of exposure 

6 to perfluoroalkyl substances and polyfluoroalkyl sub7 stances. 

8 (2) Establishment of clean-up standards and 

9 performance requirements relating to mitigating the 

10 effects of the release of perfluoroalkyl substances 

11 and polyfluoroalkyl substances. 

12 (3) Finding and funding the procurement of an 

13 effective substitute firefighting foam without 

14 perfluoroalkyl substances or polyfluoroalkyl sub15 stances. 

16 (4) Establishment of standards that are sup17 ported by science for determining exposure to and 

18 ensuring clean up of perfluoroalkyl substances and 

19 polyfluoroalkyl substances. 

20 (5) Establishment of interagency coordination 

21 with respect to mitigating the effects of the release 

22 of perfluoroalkyl substances and polyfluoroalkyl sub23 stances. 

24 (6) Assessment of the perceptions by Congress 

25 and the public of the efforts of the Department of 


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1 Defense with respect to mitigating the effects of the 

2 release of perfluoroalkyl substances and 

3 polyfluoroalkyl substances from activities of the De4 partment. 

5 (f) REPORT.—Not later than 90 days after the date 

6 of the enactment of this Act, and quarterly thereafter, the 

7 Chairman of the PFAS Task Force shall submit to Con8 gress a report on the activities of the task force. 

9 SEC. 3. INCLUSION OF EXPOSURE TO PERFLUOROALKYL 

10 AND POLYFLUOROALKYL SUBSTANCES AS 

11 PART OF PERIODIC HEALTH ASSESSMENTS. 

12 (a) PERIODIC HEALTH ASSESSMENT.—The Sec13 retary of Defense shall ensure that any periodic health as14 sessment provided to a member of the Armed Forces in15 cludes an evaluation of whether the member has been— 

16 (1) based or stationed at a military installation 

17 identified by the Department of Defense as a loca18 tion with a known or suspected release of 

19 perfluoroalkyl substances or polyfluoroalkyl sub20 stances during the period in which the member was 

21 based or stationed at the military installation; or 

22 (2) exposed to such substances, including by 

23 evaluating any information in the health record of 

24 the member. 


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1 (b) SEPARATION HISTORY AND PHYSICAL EXAMINA2 TIONS.—Section 1145(a)(5) of title 10, United States 

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

4 subparagraph: 

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

6 physical examination of a member under subparagraph 

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

8 ‘‘(i) based or stationed at a military installation 

9 identified by the Department as a location with a 

10 known or suspected release of perfluoroalkyl sub11 stances or polyfluoroalkyl substances during the pe12 riod in which the member was based or stationed at 

13 the military installation; or 

14 ‘‘(ii) exposed to such substances, including by 

15 assessing any information in the health record of the 

16 member.’’. 

17 (c) DEPLOYMENT ASSESSMENTS.—Section 

18 1074f(b)(2) of title 10, United States Code, is amended 

19 by adding at the end the following new subparagraph: 

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

21 was— 

22 ‘‘(i) based or stationed at a military instal23 lation identified by the Department as a loca24 tion with a known or suspected release of 

25 perfluoroalkyl substances or polyfluoroalkyl subVerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911

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1 stances during the period in which the member 

2 was based or stationed at the military installa3 tion; or 

4 ‘‘(ii) exposed to such substances, including 

5 by assessing any information in the health 

6 record of the member.’’. 

7 SEC. 4. PROVISION OF BLOOD TESTING FOR MEMBERS OF 

8 THE ARMED FORCES, FORMER MEMBERS OF 

9 THE ARMED FORCES, AND THEIR FAMILIES 

10 TO DETERMINE EXPOSURE TO 

11 PERFLUOROALKYL SUBSTANCES OR 

12 POLYFLUOROALKYL SUBSTANCES. 

13 (a) MEMBERS OF THE ARMED FORCES.— 

14 (1) IN GENERAL.—If a covered evaluation of a 

15 member of the Armed Forces results in a positive 

16 determination of potential exposure to perfluoroalkyl 

17 substances or polyfluoroalkyl substances, the Sec18 retary of Defense shall provide to that member, dur19 ing that covered evaluation, blood testing to deter20 mine and document potential exposure to such sub21 stances. 

22 (2) INCLUSION IN HEALTH RECORD.—The re23 sults of blood testing of a member of the Armed 

24 Forces conducted under paragraph (1) shall be in25 cluded in the health record of the member. 


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1 (b) FORMER MEMBERS OF THE ARMED FORCES AND

2 FAMILY MEMBERS.—The Secretary shall pay for blood 

3 testing to determine and document potential exposure to 

4 perfluoroalkyl substances or polyfluoroalkyl substances for 

5 any covered individual, at the election of the individual, 

6 either through the TRICARE program for individuals oth7 erwise eligible for such program or through the use of 

8 vouchers to obtain such testing. 

9 (c) DEFINITIONS.—In this section: 

10 (1) COVERED EVALUATION.—The term ‘‘cov11 ered evaluation’’ means— 

12 (A) a periodic health assessment conducted 

13 in accordance with section 3(a); 

14 (B) a separation history and physical ex15 amination conducted under section 1145(a)(5) 

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

17 section 3(b); and 

18 (C) a deployment assessment conducted 

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

20 amended by section 3(c). 

21 (2) COVERED INDIVIDUAL.—The term ‘‘covered 

22 individual’’ means a former member of the Armed 

23 Forces or a family member of a member or former 

24 member of the Armed Forces who lived at a location 

25 (or the surrounding area of such a location) identiVerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911

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1 fied by the Department of Defense as a location 

2 with a known or suspected release of perfluoroalkyl 

3 substances or polyfluoroalkyl substances during the 

4 period in which the individual lived at that location 

5 (or surrounding area). 

6 (3) TRICARE PROGRAM.—The term 

7 ‘‘TRICARE program’’ has the meaning given that 

8 term in section 1072(7) of title 10, United States 

9 Code. 

10 SEC. 5. DOCUMENTATION OF EXPOSURE TO 

11 PERFLUOROALKYL SUBSTANCES OR 

12 POLYFLUOROALKYL SUBSTANCES. 

13 (a) SHARING OF INFORMATION.—The Secretary of 

14 Defense and the Secretary of Veterans Affairs shall enter 

15 into a memorandum of understanding providing for the 

16 sharing by the Department of Defense with the Depart17 ment of Veterans Affairs of the results of covered evalua18 tions regarding the exposure by a member of the Armed 

19 Forces to perfluoroalkyl substances or polyfluoroalkyl sub20 stances. 

21 (b) REGISTRY.— 

22 (1) ESTABLISHMENT.—The Secretary of De23 fense shall establish a registry of members of the 

24 Armed Forces who have been exposed to, or are susVerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911

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1 pected to have been exposed to, perfluoroalkyl sub2 stances or polyfluoroalkyl substances. 

3 (2) INCLUSION IN REGISTRY.—The Secretary 

4 shall include a member of the Armed Forces in the 

5 registry established under paragraph (1) if a covered 

6 evaluation of the member establishes that the mem7 ber— 

8 (A) was based or stationed at a location 

9 identified by the Department of Defense as a 

10 location with a known or suspected release of 

11 perfluoroalkyl substances or polyfluoroalkyl sub12 stances during the period in which the member 

13 was based or stationed at the location; or 

14 (B) was exposed to such substances. 

15 (3) BLOOD TESTING.—The results of any blood 

16 test conducted under section 4(a) shall be included 

17 in the registry established under paragraph (1) for 

18 any member of the Armed Forces included in the 

19 registry. 

20 (4) ELECTION.—A member of the Armed 

21 Forces may elect not to be included in the registry 

22 established under paragraph (1). 

23 (c) PROVISION OF INFORMATION.—The Secretary of 

24 Defense shall provide to a member of the Armed Forces 

25 more information on perfluoroalkyl substances and 


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1 polyfluoroalkyl substances and the potential impact of ex2 posure to such substances if a covered evaluation of such 

3 member establishes that the member— 

4 (1) was based or stationed at a location identi5 fied by the Department of Defense as a location 

6 with a known or suspected release of perfluoroalkyl 

7 substances or polyfluoroalkyl substances during the 

8 period in which the member was based or stationed 

9 at the location; or 

10 (2) was exposed to such substances. 

11 (d) RULE OF CONSTRUCTION.—Nothing in this sec12 tion may be construed to preclude eligibility of a veteran 

13 for benefits under the laws administered by the Secretary 

14 of Veterans Affairs by reason of the exposure of the vet15 eran to perfluoroalkyl substances or polyfluoroalkyl sub16 stances not being recorded in a covered evaluation. 

17 (e) COVERED EVALUATION DEFINED.—In this sec18 tion, the term ‘‘covered evaluation’’ means— 

19 (1) a periodic health assessment conducted in 

20 accordance with section 3(a); 

21 (2) a separation history and physical examina22 tion conducted under section 1145(a)(5) of title 10, 

23 United States Code, as amended by section 3(b); 

24 and 


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1 (3) a deployment assessment conducted under 

2 section 1074f(b)(2) of such title, as amended by sec3 tion 3(c). 

Æ 


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