What it changes

1 change to S.Amdt. 5499

Adds a section
  1. Adds SEC. 706. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AS PART OF PERIODIC HEALTH ASSESSMENTS at the end of subtitle A of title VII

    Adds a section

    Inserted: SEC. 706. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AS PART OF PERIODIC HEALTH ASSESSMENTS.

    Inserted: (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--

    Inserted: (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

    Inserted: (2) exposed to such substances, including by evaluating any information in the health record of the member.

    Inserted: (b) Separation History and Physical Examinations.--Section 1145(a)(5) of title 10, United States Code, is amended--

    Inserted: (1) in subparagraph (A), by striking "subparagraph (D)" and inserting "subparagraph (E)";

    Inserted: (2) by redesignating subparagraph (D) as subparagraph (E); and

    Inserted: (3) by inserting after subparagraph (C) the following new subparagraph (D):

    Inserted: "(D) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was--

    Inserted: "(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

    Inserted: "(ii) exposed to such substances, including by assessing any information in the health record of the member.".

    Inserted: (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

    Show 15 more inserted paragraphs

    Inserted: "(E) An assessment of whether the member was--

    Inserted: "(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

    Inserted: "(ii) exposed to such substances, including by assessing any information in the health record of the member.".

    Inserted: SEC. 707. 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.

    Inserted: (a) Members of the Armed Forces.--

    Inserted: (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.

    Inserted: (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.

    Inserted: (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.

    Inserted: (c) Definitions.--In this section:

    Inserted: (1) Covered evaluation.--The term "covered evaluation" means--

    Inserted: (A) a periodic health assessment conducted in accordance with section 706(a);

    Inserted: (B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 706(b); and

    Inserted: (C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 706(c).

    Inserted: (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).

    Inserted: (3) TRICARE program.--The term "TRICARE program" has the meaning given that term in section 1072(7) of title 10, United States Code.

    Original wording

    At the end of subtitle A of title VII, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 5850. Mrs. SHAHEEN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 subtitle A of title VII, add the following:

SEC. 706. 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--

(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. 707. 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 706(a);

(B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 706(b); and

(C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 706(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.

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Senate amendment submitted

September 28, 2022