II 

117TH CONGRESS 

2D SESSION S. 3851 

To amend title 38, United States Code, to furnish hospital care and medical 

services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to 

perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain 

veterans who were stationed at military installations at which those 

veterans were exposed to such substances, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2022 

Ms. STABENOW (for herself and Mr. PETERS) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to furnish hospital 

care and medical services to veterans and dependents 

who were stationed at military installations at which 

those veterans and dependents were exposed to 

perfluorooctanoic acid or other perfluoroalkyl and 

polyfluoroalkyl substances, to provide for a presumption 

of service connection for certain veterans who were stationed at military installations at which those veterans 

were exposed to such substances, 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 ‘‘Veterans Exposed to 

3 Toxic PFAS Act’’ or the ‘‘VET PFAS Act’’. 

4 SEC. 2. HOSPITAL CARE AND MEDICAL SERVICES FOR VET5 ERANS AND DEPENDENTS EXPOSED TO 

6 PERFLUOROOCTANOIC ACID AND OTHER 

7 PERFLUOROALKYL AND POLYFLUOROALKYL 

8 SUBSTANCES. 

9 (a) HOSPITAL CARE AND MEDICAL SERVICES FOR

10 VETERANS.— 

11 (1) IN GENERAL.—Paragraph (1) of section 

12 1710(e) of title 38, United States Code, is amended 

13 by adding at the end the following new subpara14 graph: 

15 ‘‘(G)(i) Beginning on the date that is 90 days after 

16 the date of the enactment of this subparagraph, subject 

17 to paragraph (2), a veteran who served on active duty in 

18 the Armed Forces at a covered military installation at 

19 which individuals were exposed to substances specified in 

20 clause (ii) is eligible for hospital care and medical services 

21 under subsection (a)(2)(F) for the diseases, illnesses, or 

22 conditions as specified in such clause, notwithstanding 

23 that there is insufficient medical evidence to conclude that 

24 such disease, illness, or condition is attributable to such 

25 service. 


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1 ‘‘(ii) The substances and diseases, illnesses, or condi2 tions specified in this clause are the following: 

3 ‘‘(I) With respect to exposure to 

4 perfluorooctanoic acid— 

5 ‘‘(aa) diagnosed high cholesterol; 

6 ‘‘(bb) ulcerative colitis; 

7 ‘‘(cc) thyroid disease; 

8 ‘‘(dd) testicular cancer; 

9 ‘‘(ee) kidney cancer; and 

10 ‘‘(ff) pregnancy-induced hypertension. 

11 ‘‘(II) With respect to exposure to perfluoroalkyl 

12 and polyfluoroalkyl substances not specified in sub13 clause (I), any disease, illness, or condition that the 

14 Secretary, in consultation with the Administrator of 

15 the Agency for Toxic Substances and Disease Reg16 istry of the Department of Health and Human Serv17 ices, determines pursuant to the study conducted 

18 under section 316(a) of the National Defense Au19 thorization Act for Fiscal Year 2018 (Public Law 

20 115–91; 131 Stat. 1350) that a positive association 

21 exists between exposure to perfluoroalkyl and 

22 polyfluoroalkyl substances and such disease, illness, 

23 or condition. 

24 ‘‘(iii) For purposes of this subparagraph, any service 

25 by a member of the reserve components of the Armed 


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1 Forces for a period specified by the Secretary at a covered 

2 military installation at which individuals were exposed to 

3 substances specified in clause (ii) shall be treated as active 

4 duty service, notwithstanding section 101(21) of this title. 

5 ‘‘(iv) In this subparagraph, the term ‘covered military 

6 installation’ means a military installation at which individ7 uals were exposed to perfluorooctanoic acid or other 

8 perfluoroalkyl and polyfluoroalkyl substances, including 

9 exposure through a well that provides water for human 

10 consumption that is contaminated with such substances.’’. 

11 (2) LIMITATION.—Paragraph (2)(B) of such 

12 section is amended by striking ‘‘or (F)’’ and insert13 ing ‘‘(F), or (G)’’. 

14 (b) FAMILY MEMBERS.— 

15 (1) IN GENERAL.—Subchapter VIII of chapter 

16 17 of title 38, United States Code, is amended by 

17 inserting after section 1787 the following new sec18 tion: 

19 ‘‘§ 1787A. Health care of family members of veterans 

20 stationed at certain military installations 

21 with PFAS contamination 

22 ‘‘(a) IN GENERAL.—Beginning on the date that is 90 

23 days after the date of the enactment of this section, sub24 ject to subsection (b), a family member of a veteran de25 scribed in clause (i) of section 1710(e)(1)(G) of this title 


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1 (or who would be so described but for the condition by 

2 which the individual was discharged or released from the 

3 Armed Forces) who resided at a covered military installa4 tion (as defined in clause (iv) of such section) or who was 

5 in utero while the mother of such family member resided 

6 at such location shall be eligible for hospital care and med7 ical services furnished by the Secretary for any disease, 

8 illness, or condition for which a veteran may receive hos9 pital care and medical services under clause (ii) of such 

10 section, notwithstanding that there is insufficient medical 

11 evidence to conclude that such disease, illness, or condition 

12 is attributable to such residence. 

13 ‘‘(b) LIMITATIONS.—(1) The Secretary may only fur14 nish hospital care and medical services under subsection 

15 (a) to the extent and in the amount provided in advance 

16 in appropriations Acts for such purpose. 

17 ‘‘(2) Hospital care and medical services may not be 

18 furnished under subsection (a) for a disease, illness, or 

19 condition of a family member that is found, in accordance 

20 with guidelines issued by the Under Secretary for Health, 

21 to have resulted from a cause other than the residence 

22 of the family member described in that subsection. 

23 ‘‘(3) The Secretary may provide reimbursement for 

24 hospital care or medical services provided to a family 

25 member under this section only after the family member 


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1 or the provider of such care or services has exhausted 

2 without success all claims and remedies reasonably avail3 able to the family member or provider against a third 

4 party (as defined in section 1725(f) of this title) for pay5 ment of such care or services, including with respect to 

6 health-plan contracts (as defined in such section).’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such subchapter is amend9 ed by inserting after the item relating to section 

10 1787 the following new item: 

‘‘1787A. Health care of family members of veterans stationed at certain military 

installations with PFAS contamination.’’. 

11 (c) ANNUAL REPORTS.— 

12 (1) IN GENERAL.—During the three-year period 

13 beginning in the year in which the study conducted 

14 under section 316 of the National Defense Author15 ization Act for Fiscal Year 2018 (Public Law 115– 

16 91; 131 Stat. 1350) is submitted to Congress, the 

17 Secretary of Veterans Affairs shall submit to the 

18 Committee on Veterans’ Affairs of the Senate and 

19 the Committee on Veterans’ Affairs of the House of 

20 Representatives an annual report on the care and 

21 services provided under sections 1710(e)(1)(G) and 

22 1787A of title 38, United States Code (as added by 

23 subsections (a)(1) and (b)(1), respectively). 


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1 (2) ELEMENTS.—Each report under paragraph 

2 (1) shall set forth the following: 

3 (A) The number of veterans and family 

4 members provided hospital care and medical 

5 services under the provisions of law specified in 

6 paragraph (1) during the period covered by the 

7 report. 

8 (B) The illnesses, conditions, and disabil9 ities for which care and services have been pro10 vided such veterans and family members under 

11 such provisions of law during that period. 

12 (C) The number of veterans and family 

13 members who applied for care and services 

14 under such provisions of law during that period 

15 but were denied, including information on the 

16 reasons for such denials. 

17 (D) The number of veterans and family 

18 members who applied for care and services 

19 under such provisions of law and are awaiting 

20 a decision from the Secretary on eligibility for 

21 such care and services as of the date of such re22 port. 

23 (3) VETERAN DEFINED.—In this subsection, 

24 the term ‘‘veteran’’ includes a former member of the 

25 reserve components of the Armed Forces covered by 


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1 section 1710(e)(1)(G) of title 38, United States 

2 Code. 

3 SEC. 3. PRESUMPTION OF SERVICE CONNECTION FOR CER4 TAIN VETERANS EXPOSED TO 

5 PERFLUOROOCTANOIC ACID OR OTHER 

6 PERFLUOROALKYL AND POLYFLUOROALKYL 

7 SUBSTANCES. 

8 (a) IN GENERAL.—Chapter 11 of title 38, United 

9 States Code, is amended by inserting after section 1116B 

10 the following new section: 

11 ‘‘§ 1116C. Presumption of service connection for cer12 tain veterans exposed to 

13 perfluorooctanoic acid or other 

14 perfluoroalkyl and polyfluoroalkyl sub15 stances 

16 ‘‘(a) PRESUMPTION OF SERVICE CONNECTION.—(1) 

17 For the purposes of section 1110 of this title, and subject 

18 to section 1113 of this title, each disease or illness speci19 fied in subsection (b) that becomes manifest in a veteran 

20 described in paragraph (2) shall be considered to have 

21 been incurred or aggravated in the line of duty in the ac22 tive military, naval, air, or space service, notwithstanding 

23 that there is no record of evidence of such disease or ill24 ness during the period of such service. 


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1 ‘‘(2) A veteran described in this paragraph is a vet2 eran who, during active military, naval, air, or space serv3 ice, served at a military installation at which individuals 

4 were exposed to perfluorooctanoic acid or other 

5 perfluoroalkyl and polyfluoroalkyl substances, including 

6 exposure through a well that provides water for human 

7 consumption that is contaminated with such substances. 

8 ‘‘(b) DISEASES OR ILLNESSES.—A disease or illness 

9 specified in this subsection is any of the following: 

10 ‘‘(1) With respect to exposure to 

11 perfluorooctanoic acid— 

12 ‘‘(A) diagnosed high cholesterol; 

13 ‘‘(B) ulcerative colitis; 

14 ‘‘(C) thyroid disease; 

15 ‘‘(D) testicular cancer; 

16 ‘‘(E) kidney cancer; and 

17 ‘‘(F) pregnancy-induced hypertension. 

18 ‘‘(2) With respect to exposure to other 

19 perfluoroalkyl and polyfluoroalkyl substances, any 

20 other disease, illness, or condition that the Sec21 retary, in consultation with the Administrator of the 

22 Agency for Toxic Substances and Disease Registry 

23 of the Department of Health and Human Services, 

24 determines pursuant to the study conducted under 

25 section 316 of the National Defense Authorization 


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1 Act for Fiscal Year 2018 (Public Law 115–91; 131 

2 Stat. 1350) that a positive association exists be3 tween exposure to perfluoroalkyl and polyfluoroalkyl 

4 substances and such disease or illness. 

5 ‘‘(c) ACTIVE MILITARY, NAVAL, AIR, OR SPACE

6 SERVICE.—For purposes of this section, any service by a 

7 member of the reserve components for a period specified 

8 by the Secretary at a military installation described in 

9 subsection (a)(2) shall be treated as active military, naval, 

10 air, or space service, notwithstanding section 101(24) of 

11 this title.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such chapter is amended by inserting 

14 after the item relating to section 1116B the following new 

15 item: 

‘‘1116C. Presumption of service connection for certain veterans exposed to 

perfluorooctanoic acid or other perfluoroalkyl and 

polyfluoroalkyl substances.’’. 

Æ 


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