[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Pages S7567-S7568]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4130. Mrs. SHAHEEN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VII, add the following:
Subtitle D--Documentation and Testing of Exposure to Perfluoroalkyl and
Polyfluoroalkyl Substances
SEC. 761. 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:
``(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. 762. 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 761(a);
(B) a separation history and physical examination conducted
under section 1145(a)(5) of title 10, United States Code, as
amended by section 761(b); and
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by section 761(c).
(2) Covered individual.--The term ``covered individual''
means a former member of
[[Page S7568]]
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. 763. 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 761(a);
(2) a separation history and physical examination conducted
under section 1145(a)(5) of title 10, United States Code, as
amended by section 761(b); and
(3) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by section 761(c).
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