PFAS Exposure Assessment and Documentation Act

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 assess- ments of members of the Armed Forces, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘PFAS Exposure As- 4 sessment and Documentation Act’’. 5 VerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3911 IS SEC. 2. PERFLUOROALKYL AND POLYFLUOROALKYL SUB- 1 STANCES TASK FORCE OF DEPARTMENT OF 2 DEFENSE. 3 (a) IN GENERAL.—The Secretary of Defense shall es- 4 tablish a task force to address the effects of the release 5 of perfluoroalkyl substances and polyfluoroalkyl sub- 6 stances from activities of the Department of Defense (in 7 this section referred to as the ‘‘PFAS Task Force’’). 8 (b) MEMBERSHIP.—The members of the PFAS Task 9 Force are the following: 10 (1) The Assistant Secretary of Defense for 11 Sustainment. 12 (2) The Assistant Secretary of the Army for In- 13 stallations, Energy, and Environment. 14 (3) The Assistant Secretary of the Navy for 15 Energy, Installations, and Environment. 16 (4) The Assistant Secretary of the Air Force 17 for Installations, Environment, and Energy. 18 (5) A liaison from the Department of Veterans 19 Affairs to be determined by the Secretary of Vet- 20 erans Affairs. 21 (c) CHAIRMAN.—The Assistant Secretary of Defense 22 for Sustainment shall be the chairman of the PFAS Task 23 Force. 24 (d) SUPPORT.—The Under Secretary of Defense for 25 Personnel and Readiness and such other individuals as the 26 VerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3911 IS Secretary of Defense considers appropriate shall support 1 the activities of the PFAS Task Force. 2 (e) DUTIES.—The duties of the PFAS Task Force 3 are the following: 4 (1) Analysis of the health aspects of exposure 5 to perfluoroalkyl substances and polyfluoroalkyl sub- 6 stances. 7 (2) Establishment of clean-up standards and 8 performance requirements relating to mitigating the 9 effects of the release of perfluoroalkyl substances 10 and polyfluoroalkyl substances. 11 (3) Finding and funding the procurement of an 12 effective substitute firefighting foam without 13 perfluoroalkyl substances or polyfluoroalkyl sub- 14 stances. 15 (4) Establishment of standards that are sup- 16 ported by science for determining exposure to and 17 ensuring clean up of perfluoroalkyl substances and 18 polyfluoroalkyl substances. 19 (5) Establishment of interagency coordination 20 with respect to mitigating the effects of the release 21 of perfluoroalkyl substances and polyfluoroalkyl sub- 22 stances. 23 (6) Assessment of the perceptions by Congress 24 and the public of the efforts of the Department of 25 VerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3911 IS Defense with respect to mitigating the effects of the 1 release of perfluoroalkyl substances and 2 polyfluoroalkyl substances from activities of the De- 3 partment. 4 (f) REPORT.—Not later than 90 days after the date 5 of the enactment of this Act, and quarterly thereafter, the 6 Chairman of the PFAS Task Force shall submit to Con- 7 gress a report on the activities of the task force. 8 SEC. 3. INCLUSION OF EXPOSURE TO PERFLUOROALKYL 9 AND POLYFLUOROALKYL SUBSTANCES AS 10 PART OF PERIODIC HEALTH ASSESSMENTS. 11 (a) PERIODIC HEALTH ASSESSMENT.—The Sec- 12 retary of Defense shall ensure that any periodic health as- 13 sessment provided to a member of the Armed Forces in- 14 cludes an evaluation of whether the member has been— 15 (1) based or stationed at a military installation 16 identified by the Department of Defense as a loca- 17 tion with a known or suspected release of 18 perfluoroalkyl substances or polyfluoroalkyl sub- 19 stances during the period in which the member was 20 based or stationed at the military installation; or 21 (2) exposed to such substances, including by 22 evaluating any information in the health record of 23 the member. 24 VerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3911 IS (b) SEPARATION HISTORY AND PHYSICAL EXAMINA- 1 TIONS.—Section 1145(a)(5) of title 10, United States 2 Code, is amended by adding at the end the following new 3 subparagraph: 4 ‘‘(C) The Secretary concerned shall ensure that each 5 physical examination of a member under subparagraph 6 (A) includes an assessment of whether the member was— 7 ‘‘(i) based or stationed at a military installation 8 identified by the Department as a location with a 9 known or suspected release of perfluoroalkyl sub- 10 stances or polyfluoroalkyl substances during the pe- 11 riod in which the member was based or stationed at 12 the military installation; or 13 ‘‘(ii) exposed to such substances, including by 14 assessing any information in the health record of the 15 member.’’. 16 (c) DEPLOYMENT ASSESSMENTS.—Section 17 1074f(b)(2) of title 10, United States Code, is amended 18 by adding at the end the following new subparagraph: 19 ‘‘(D) An assessment of whether the member 20 was— 21 ‘‘(i) based or stationed at a military instal- 22 lation identified by the Department as a loca- 23 tion with a known or suspected release of 24 perfluoroalkyl substances or polyfluoroalkyl sub- 25 VerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3911 IS stances during the period in which the member 1 was based or stationed at the military installa- 2 tion; or 3 ‘‘(ii) exposed to such substances, including 4 by assessing any information in the health 5 record of the member.’’. 6 SEC. 4. PROVISION OF BLOOD TESTING FOR MEMBERS OF 7 THE ARMED FORCES, FORMER MEMBERS OF 8 THE ARMED FORCES, AND THEIR FAMILIES 9 TO DETERMINE EXPOSURE TO 10 PERFLUOROALKYL SUBSTANCES OR 11 POLYFLUOROALKYL SUBSTANCES. 12 (a) MEMBERS OF THE ARMED FORCES.— 13 (1) IN GENERAL.—If a covered evaluation of a 14 member of the Armed Forces results in a positive 15 determination of potential exposure to perfluoroalkyl 16 substances or polyfluoroalkyl substances, the Sec- 17 retary of Defense shall provide to that member, dur- 18 ing that covered evaluation, blood testing to deter- 19 mine and document potential exposure to such sub- 20 stances. 21 (2) INCLUSION IN HEALTH RECORD.—The re- 22 sults of blood testing of a member of the Armed 23 Forces conducted under paragraph (1) shall be in- 24 cluded in the health record of the member. 25 VerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3911 IS (b) FORMER MEMBERS OF THE ARMED FORCES AND 1 FAMILY MEMBERS.—The Secretary shall pay for blood 2 testing to determine and document potential exposure to 3 perfluoroalkyl substances or polyfluoroalkyl substances for 4 any covered individual, at the election of the individual, 5 either through the TRICARE program for individuals oth- 6 erwise eligible for such program or through the use of 7 vouchers to obtain such testing. 8 (c) DEFINITIONS.—In this section: 9 (1) COVERED EVALUATION.—The term ‘‘cov- 10 ered evaluation’’ means— 11 (A) a periodic health assessment conducted 12 in accordance with section 3(a); 13 (B) a separation history and physical ex- 14 amination conducted under section 1145(a)(5) 15 of title 10, United States Code, as amended by 16 section 3(b); and 17 (C) a deployment assessment conducted 18 under section 1074f(b)(2) of such title, as 19 amended by section 3(c). 20 (2) COVERED INDIVIDUAL.—The term ‘‘covered 21 individual’’ means a former member of the Armed 22 Forces or a family member of a member or former 23 member of the Armed Forces who lived at a location 24 (or the surrounding area of such a location) identi- 25 VerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3911 IS fied by the Department of Defense as a location 1 with a known or suspected release of perfluoroalkyl 2 substances or polyfluoroalkyl substances during the 3 period in which the individual lived at that location 4 (or surrounding area). 5 (3) TRICARE PROGRAM.—The term 6 ‘‘TRICARE program’’ has the meaning given that 7 term in section 1072(7) of title 10, United States 8 Code. 9 SEC. 5. DOCUMENTATION OF EXPOSURE TO 10 PERFLUOROALKYL SUBSTANCES OR 11 POLYFLUOROALKYL SUBSTANCES. 12 (a) SHARING OF INFORMATION.—The Secretary of 13 Defense and the Secretary of Veterans Affairs shall enter 14 into a memorandum of understanding providing for the 15 sharing by the Department of Defense with the Depart- 16 ment of Veterans Affairs of the results of covered evalua- 17 tions regarding the exposure by a member of the Armed 18 Forces to perfluoroalkyl substances or polyfluoroalkyl sub- 19 stances. 20 (b) REGISTRY.— 21 (1) ESTABLISHMENT.—The Secretary of De- 22 fense shall establish a registry of members of the 23 Armed Forces who have been exposed to, or are sus- 24 VerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911 kjohnson on DSK79L0C42PROD with BILLS 9 •S 3911 IS pected to have been exposed to, perfluoroalkyl sub- 1 stances or polyfluoroalkyl substances. 2 (2) INCLUSION IN REGISTRY.—The Secretary 3 shall include a member of the Armed Forces in the 4 registry established under paragraph (1) if a covered 5 evaluation of the member establishes that the mem- 6 ber— 7 (A) was based or stationed at a location 8 identified by the Department of Defense as a 9 location with a known or suspected release of 10 perfluoroalkyl substances or polyfluoroalkyl sub- 11 stances during the period in which the member 12 was based or stationed at the location; or 13 (B) was exposed to such substances. 14 (3) BLOOD TESTING.—The results of any blood 15 test conducted under section 4(a) shall be included 16 in the registry established under paragraph (1) for 17 any member of the Armed Forces included in the 18 registry. 19 (4) ELECTION.—A member of the Armed 20 Forces may elect not to be included in the registry 21 established under paragraph (1). 22 (c) PROVISION OF INFORMATION.—The Secretary of 23 Defense shall provide to a member of the Armed Forces 24 more information on perfluoroalkyl substances and 25 VerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911 kjohnson on DSK79L0C42PROD with BILLS 10 •S 3911 IS polyfluoroalkyl substances and the potential impact of ex- 1 posure to such substances if a covered evaluation of such 2 member establishes that the member— 3 (1) was based or stationed at a location identi- 4 fied by the Department of Defense as a location 5 with a known or suspected release of perfluoroalkyl 6 substances or polyfluoroalkyl substances during the 7 period in which the member was based or stationed 8 at the location; or 9 (2) was exposed to such substances. 10 (d) RULE OF CONSTRUCTION.—Nothing in this sec- 11 tion may be construed to preclude eligibility of a veteran 12 for benefits under the laws administered by the Secretary 13 of Veterans Affairs by reason of the exposure of the vet- 14 eran to perfluoroalkyl substances or polyfluoroalkyl sub- 15 stances not being recorded in a covered evaluation. 16 (e) COVERED EVALUATION DEFINED.—In this sec- 17 tion, the term ‘‘covered evaluation’’ means— 18 (1) a periodic health assessment conducted in 19 accordance with section 3(a); 20 (2) a separation history and physical examina- 21 tion conducted under section 1145(a)(5) of title 10, 22 United States Code, as amended by section 3(b); 23 and 24 VerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911 kjohnson on DSK79L0C42PROD with BILLS 11 •S 3911 IS (3) a deployment assessment conducted under 1 section 1074f(b)(2) of such title, as amended by sec- 2 tion 3(c). 3 Æ VerDate Sep 11 2014 04:56 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S3911.IS S3911 kjohnson on DSK79L0C42PROD with BILLS