Title: PFAS Exposure Assessment and Documentation Act
Policy area: Armed Forces and National Security

Summary:
PFAS Exposure Assessment and Documentation Act
This bill directs the Department of Defense (DOD) to establish a task force to address the effects of the release of perfluoroalkyl and polyfluoroalkyl substances (PFAS) from activities of DOD. The bill also requires (1) blood testing for PFAS of former and current members of the Armed Forces and their families if a periodic health assessment results in a positive determination of potential exposure to PFAS, (2) sharing by DOD with the Department of Veterans Affairs of the results of health assessments of exposure by a member of the Armed Forces, and (3) DOD to establish a registry of members of the Armed Forces who have been exposed to, or are suspected to have been exposed to, PFAS.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3911 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``PFAS Exposure Assessment and 
Documentation Act''.

SEC. 2. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES TASK FORCE OF 
              DEPARTMENT OF DEFENSE.

    (a) In General.--The Secretary of Defense shall establish a task 
force to address the effects of the release of perfluoroalkyl 
substances and polyfluoroalkyl substances from activities of the 
Department of Defense (in this section referred to as the ``PFAS Task 
Force'').
    (b) Membership.--The members of the PFAS Task Force are the 
following:
            (1) The Assistant Secretary of Defense for Sustainment.
            (2) The Assistant Secretary of the Army for Installations, 
        Energy, and Environment.
            (3) The Assistant Secretary of the Navy for Energy, 
        Installations, and Environment.
            (4) The Assistant Secretary of the Air Force for 
        Installations, Environment, and Energy.
            (5) A liaison from the Department of Veterans Affairs to be 
        determined by the Secretary of Veterans Affairs.
    (c) Chairman.--The Assistant Secretary of Defense for Sustainment 
shall be the chairman of the PFAS Task Force.
    (d) Support.--The Under Secretary of Defense for Personnel and 
Readiness and such other individuals as the Secretary of Defense 
considers appropriate shall support the activities of the PFAS Task 
Force.
    (e) Duties.--The duties of the PFAS Task Force are the following:
            (1) Analysis of the health aspects of exposure to 
        perfluoroalkyl substances and polyfluoroalkyl substances.
            (2) Establishment of clean-up standards and performance 
        requirements relating to mitigating the effects of the release 
        of perfluoroalkyl substances and polyfluoroalkyl substances.
            (3) Finding and funding the procurement of an effective 
        substitute firefighting foam without perfluoroalkyl substances 
        or polyfluoroalkyl substances.
            (4) Establishment of standards that are supported by 
        science for determining exposure to and ensuring clean up of 
        perfluoroalkyl substances and polyfluoroalkyl substances.
            (5) Establishment of interagency coordination with respect 
        to mitigating the effects of the release of perfluoroalkyl 
        substances and polyfluoroalkyl substances.
            (6) Assessment of the perceptions by Congress and the 
        public of the efforts of the Department of Defense with respect 
        to mitigating the effects of the release of perfluoroalkyl 
        substances and polyfluoroalkyl substances from activities of 
        the Department.
    (f) Report.--Not later than 90 days after the date of the enactment 
of this Act, and quarterly thereafter, the Chairman of the PFAS Task 
Force shall submit to Congress a report on the activities of the task 
force.

SEC. 3. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND POLYFLUOROALKYL 
              SUBSTANCES AS PART OF PERIODIC HEALTH ASSESSMENTS.

    (a) Periodic Health Assessment.--The Secretary of Defense shall 
ensure that any periodic health assessment provided to a member of the 
Armed Forces includes an evaluation of whether the member has been--
            (1) based or stationed at a military installation 
        identified by the Department of Defense as a location with a 
        known or suspected release of perfluoroalkyl substances or 
        polyfluoroalkyl substances during the period in which the 
        member was based or stationed at the military installation; or
            (2) exposed to such substances, including by evaluating any 
        information in the health record of the member.
    (b) Separation History and Physical Examinations.--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 military installation 
        identified by the Department as a location with a known or 
        suspected release of perfluoroalkyl substances or 
        polyfluoroalkyl substances during the period in which the 
        member was based or stationed at the military installation; or
            ``(ii) exposed to such substances, including by assessing 
        any information in the health record of the member.''.
    (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 military installation 
                identified by the Department as a location with a known 
                or suspected release of perfluoroalkyl substances or 
                polyfluoroalkyl substances during the period in which 
                the member was based or stationed at the military 
                installation; or
                    ``(ii) exposed to such substances, including by 
                assessing any information in the health record of the 
                member.''.

SEC. 4. PROVISION OF BLOOD TESTING FOR MEMBERS OF THE ARMED FORCES, 
              FORMER MEMBERS OF THE ARMED FORCES, AND THEIR FAMILIES TO 
              DETERMINE EXPOSURE TO PERFLUOROALKYL SUBSTANCES OR 
              POLYFLUOROALKYL SUBSTANCES.

    (a) Members of the Armed Forces.--
            (1) In general.--If a covered evaluation of a member of the 
        Armed Forces results in a positive determination of potential 
        exposure to perfluoroalkyl substances or polyfluoroalkyl 
        substances, the Secretary of Defense shall provide to that 
        member, during that covered evaluation, blood testing to 
        determine and document potential exposure to such substances.
            (2) Inclusion in health record.--The results of blood 
        testing of a member of the Armed Forces conducted under 
        paragraph (1) shall be included in the health record of the 
        member.
    (b) Former Members of the Armed Forces and Family Members.--The 
Secretary shall pay for blood testing to determine and document 
potential exposure to perfluoroalkyl substances or polyfluoroalkyl 
substances for any covered individual, at the election of the 
individual, either through the TRICARE program for individuals 
otherwise eligible for such program or through the use of vouchers to 
obtain such testing.
    (c) Definitions.--In this section:
            (1) Covered evaluation.--The term ``covered evaluation'' 
        means--
                    (A) a periodic health assessment conducted in 
                accordance with section 3(a);
                    (B) a separation history and physical examination 
                conducted under section 1145(a)(5) of title 10, United 
                States Code, as amended by section 3(b); and
                    (C) a deployment assessment conducted under section 
                1074f(b)(2) of such title, as amended by section 3(c).
            (2) Covered individual.--The term ``covered individual'' 
        means a former member of the Armed Forces or a family member of 
        a member or former member of the Armed Forces who lived at a 
        location (or the surrounding area of such a location) 
        identified by the Department of Defense as a location with a 
        known or suspected release of perfluoroalkyl substances or 
        polyfluoroalkyl substances during the period in which the 
        individual lived at that location (or surrounding area).
            (3) TRICARE program.--The term ``TRICARE program'' has the 
        meaning given that term in section 1072(7) of title 10, United 
        States Code.

SEC. 5. DOCUMENTATION OF EXPOSURE TO PERFLUOROALKYL SUBSTANCES OR 
              POLYFLUOROALKYL SUBSTANCES.

    (a) Sharing of Information.--The Secretary of Defense and the 
Secretary of Veterans Affairs shall 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 
perfluoroalkyl substances or polyfluoroalkyl substances.
    (b) Registry.--
            (1) Establishment.--The Secretary of Defense shall 
        establish a registry of members of the Armed Forces who have 
        been exposed to, or are suspected to have been exposed to, 
        perfluoroalkyl substances or polyfluoroalkyl substances.
            (2) Inclusion in registry.--The Secretary shall include a 
        member of the Armed Forces in the registry established under 
        paragraph (1) if a covered evaluation of the member establishes 
        that the member--
                    (A) was based or stationed at a location identified 
                by the Department of Defense as a location with a known 
                or suspected release of perfluoroalkyl substances or 
                polyfluoroalkyl substances during the period in which 
                the member was based or stationed at the location; or
                    (B) was exposed to such substances.
            (3) Blood testing.--The results of any blood test conducted 
        under section 4(a) shall be included in the registry 
        established under paragraph (1) for any member of the Armed 
        Forces included in the registry.
            (4) Election.--A member of the Armed Forces may elect not 
        to be included in the registry established under paragraph (1).
    (c) Provision of Information.--The Secretary of Defense shall 
provide to a member of the Armed Forces more information on 
perfluoroalkyl substances and polyfluoroalkyl substances and the 
potential impact of exposure to such substances if a covered evaluation 
of such member establishes that the member--
            (1) was based or stationed at a location identified by the 
        Department of Defense as a location with a known or suspected 
        release of perfluoroalkyl substances or polyfluoroalkyl 
        substances during the period in which the member was based or 
        stationed at the location; or
            (2) was exposed to such substances.
    (d) Rule of Construction.--Nothing in this section may be construed 
to preclude eligibility of a veteran for benefits under the laws 
administered by the Secretary of Veterans Affairs by reason of the 
exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl 
substances not being recorded in a covered evaluation.
    (e) Covered Evaluation Defined.--In this section, the term 
``covered evaluation'' means--
            (1) a periodic health assessment conducted in accordance 
        with section 3(a);
            (2) a separation history and physical examination conducted 
        under section 1145(a)(5) of title 10, United States Code, as 
        amended by section 3(b); and
            (3) a deployment assessment conducted under section 
        1074f(b)(2) of such title, as amended by section 3(c).
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