[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1360 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1360
To require the Secretary of Defense to include exposure to
perfluoroalkyl substances and polyfluoroalkyl substances in periodic
health assessments of members of the Armed Forces, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
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 include exposure to
perfluoroalkyl substances and polyfluoroalkyl 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. INCLUSION OF EXPOSURE TO PERFLUOROALKYL SUBSTANCES 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--
(1) in subparagraph (A), by striking ``subparagraph (D)''
and inserting ``subparagraph (E)'';
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) 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:
``(E) 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. 3. 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 2(a);
(B) a separation history and physical examination
conducted under section 1145(a)(5) of title 10, United
States Code, as amended by section 2(b); and
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by section 2(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. 4. 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 2(a);
(2) a separation history and physical examination conducted
under section 1145(a)(5) of title 10, United States Code, as
amended by section 2(b); and
(3) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by section 2(c).
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