Protecting Firefighters from PFAS Act
This bill addresses firefighter and veteran exposure to perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds (e.g., weatherproof clothing).
The bill authorizes the use of pre-disaster hazard mitigation funding for the remediation of PFAS at fire training facilities.
The National Institute of Standards and Technology in the Department of Commerce must commence a study and report on the contents and composition of new and unused personal protective equipment worn by firefighters in relation to PFAS.
For certain conditions associated with exposure to PFAS, the bill provides eligibility for Department of Veterans Affairs (VA) hospital care and medical services to veterans who served on active duty at military installations at which individuals were exposed to PFAS. Service by veterans as reservists or civilian firefighters shall be considered active duty service for eligibility purposes if such service occurred during a period specified by the VA on the applicable military installations. The bill also provides eligibility for VA hospital care and medical services for exposure-related conditions to the family members of such veterans and civilian firefighters.
The bill establishes a presumption of service-connection for specified illnesses or diseases related to PFAS exposure that manifest in veterans (including reservists or veterans serving as civilian firefighters) who served on active duty at a military installation where they were exposed to PFAS. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7687 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7687
To protect firefighters from exposure to per- and polyfluoroalkyl
substances, to establish a presumption of service connection for
certain veterans exposed to such substances, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2020
Mr. Kildee (for himself, Mr. McGovern, and Ms. Slotkin) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs, and in addition to the Committees on Science, Space, and
Technology, and Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To protect firefighters from exposure to per- and polyfluoroalkyl
substances, to establish a presumption of service connection for
certain veterans exposed to such substances, 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 ``Protecting Firefighters from PFAS
Act''.
SEC. 2. PFAS AT FIRE TRAINING FACILITIES.
Section 203(e)(1)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133(e)(1)(B)) is amended--
(1) in clause (iii), by striking ``or'';
(2) in clause (iv), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(v) to remediate per- and polyfluoroalkyl
substances at fire training facilities.''.
SEC. 3. GUARANTEEING EQUIPMENT SAFETY FOR FIREFIGHTERS.
(a) National Institute of Standards and Technology Study on Per-
and Polyfluoroalkyl Substances in Personal Protective Equipment Worn by
Firefighters.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the National
Institute of Standards and Technology shall, in consultation
with the Director of the National Institute for Occupational
Safety and Health, commence a study of the contents and
composition of new and unused personal protective equipment
worn by firefighters.
(2) Contents of study.--In carrying out the study required
by paragraph (1), the Director of the National Institute of
Standards and Technology shall examine--
(A) the identity, prevalence, and concentration of
per- and polyfluoroalkyl substances (commonly known as
``PFAS'') in the personal protective equipment worn by
firefighters;
(B) the conditions and extent to which per- and
polyfluoroalkyl substances are released into the
environment over time from the degradation of personal
protective equipment from normal use by firefighters;
and
(C) the relative risk of exposure to per- and
polyfluoroalkyl substances faced by firefighters from--
(i) their use of personal protective
equipment; and
(ii) degradation of personal protective
equipment from normal use by firefighters.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director shall submit to Congress a
report describing--
(A) the findings of the Director with respect to
the study carried out under paragraph (1); and
(B) recommendations on what additional research or
technical improvements to personal protective equipment
materials or components should be pursued to avoid
unnecessary occupational exposure among firefighters to
per- and polyfluoroalkyl substances through personal
protective equipment.
(b) Research on Per- and Polyfluoroalkyl Substances in Personal
Protective Equipment Worn by Firefighters.--
(1) In general.--Not later than 540 days after the date of
the enactment of this Act, the Director of the National
Institute of Standards and Technology shall--
(A) issue a solicitation for research proposals to
carry out the research recommendations identified in
the report submitted under subsection (a)(3); and
(B) award grants to applicants that submit research
proposals to develop safe alternatives to per- and
polyfluoroalkyl substances in personal protective
equipment.
(2) Criteria.--The Director shall select research proposals
to receive a grant under paragraph (1) on the basis of merit,
using criteria identified by the Director, including the
likelihood that the research results will address the findings
of the Director with respect to the study conducted under
subsection (a)(1).
(3) Eligible entities.--Any entity or group of two or more
entities may submit to the Director a research proposal in
response to the solicitation for research proposals under
paragraph (1), including--
(A) State and local agencies;
(B) public institutions, including public
institutions of higher education;
(C) private corporations; and
(D) nonprofit organizations.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Director to carry out this subsection
up to $5,000,000 for each of the 3 fiscal years beginning with
the first full fiscal year following the date of enactment of
this Act.
(c) Authority for Director of the National Institute of Standards
and Technology to Consult With Experts on Matters Relating to Per- and
Polyfluoroalkyl Substances.--In carrying out this section, the Director
of the National Institute of Standards and Technology may consult with
Federal agencies, nongovernmental organizations, State and local
governments, and science and research institutions determined by the
Director to have scientific or material interest in reducing
unnecessary occupational exposure to per- and polyfluoroalkyl
substances by firefighters.
SEC. 4. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS
EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PER- AND
POLYFLUOROALKYL SUBSTANCES.
(a) Hospital Care and Medical Services for Veterans.--
(1) In general.--Paragraph (1) of section 1710(e) of title
38, United States Code, is amended by adding at the end the
following new subparagraph:
``(G)(i) Beginning on the date that is 90 days
after the date of the enactment of this subparagraph,
subject to paragraph (2), a veteran who served on
active duty in the Armed Forces at a covered military
installation at which individuals were exposed to
substances specified in clause (ii) is eligible for
hospital care and medical services under subsection
(a)(2)(F) for the diseases, illnesses, or conditions as
specified in such clause, notwithstanding that there is
insufficient medical evidence to conclude that such
illness or condition is attributable to such service.
``(ii) The substances and diseases, illnesses, or
conditions specified in this clause are the following:
``(I) With respect to exposure to
perfluorooctanoic acid--
``(aa) diagnosed high cholesterol;
``(bb) ulcerative colitis;
``(cc) thyroid disease;
``(dd) testicular cancer;
``(ee) kidney cancer; and
``(ff) pregnancy-induced
hypertension.
``(II) With respect to exposure to other
per- and polyfluoroalkyl substances, any
disease, illness, or condition that the
Secretary of Veterans Affairs, in consultation
with the Administrator of the Agency for Toxic
Substances and Disease Registry of the
Department of Health and Human Services,
determines pursuant to the study conducted
under section 316 of the National Defense
Authorization Act for Fiscal Year 2018 (Public
Law 115-91) that a positive association exists
between exposure to per- and polyfluoroalkyl
substances and such disease, illness, or
condition.
``(iii) For purposes of this subparagraph--
``(I) any service by a veteran as a member
of the reserve components for a period
specified by the Secretary at a covered
military installation at which individuals were
exposed, or suspected to be exposed, to
substances specified in clause (ii) shall be
treated as active duty service, notwithstanding
section 101(21) of this title; and
``(II) any service by a veteran as a
civilian firefighter for a period specified by
the Secretary at a covered military
installation at which individuals were exposed,
or suspected to be exposed, to substances
specified in clause (ii) shall be treated as
active duty service at such installation,
regardless of whether such service occurs after
the date on which the veteran was discharged or
released from the Armed Forces, notwithstanding
section 101(21) of this title.
``(iv) In this subparagraph, the term `covered
military installation' means a military installation at
which individuals were exposed to perfluorooctanoic
acid or other per- and polyfluoroalkyl substances,
including exposure through a well that provides water
for human consumption that is contaminated with such
substances.''.
(2) Limitation.--Paragraph (2)(B) of such section is
amended by striking ``or (F)'' and inserting ``(F), or (G)''.
(b) Civilian Firefighters and Family Members of Veterans.--
(1) In general.--Subchapter VIII of chapter 17 is amended
by adding at the end the following new section:
``Sec. 1787A. Health care of civilian firefighters and family members
of veterans stationed at certain military installations
``(a) In General.--(1) Beginning on the date that is 90 days after
the date of the enactment of this section, subject to subsection (b),
an individual described in paragraph (2) shall be eligible for hospital
care and medical services furnished by the Secretary for any disease,
illness, or condition for which a veteran may receive hospital care and
medical services under section 1710(e)(1)(G)(ii) of this title,
notwithstanding that there is insufficient medical evidence to conclude
that such disease, illness, or condition is proximately caused, as the
case may be, by--
``(A) the location of the residence as specified in
paragraph (2)(A); or
``(B) the nature of the service as a firefighter as
specified in paragraph (2)(B).
``(2) An individual described in this paragraph is any of the
following:
``(A) A family member of a veteran described in clause (i)
of section 1710(e)(1)(G) of this title (or who would be so
described but for the condition by which the individual was
discharged or released from the Armed Forces) who resided at a
military installation covered by such clause or who was in
utero while the mother of such family member resided at such
location.
``(B) An employee of the Federal Government who--
``(i) served as a civilian firefighter at such a
military installation; and
``(ii) is not covered by such section
1710(e)(1)(G).
``(b) Limitations.--(1) The Secretary may only furnish hospital
care and medical services under subsection (a) to the extent and in the
amount provided in advance in appropriations Acts for such purpose.
``(2) Hospital care and medical services may not be furnished under
subsection (a) for a disease, illness, or condition of an individual
that is found, in accordance with guidelines issued by the Under
Secretary for Health, to have resulted from a cause other than the
residence or employment of the individual as specified in that
subsection.
``(3) The Secretary may provide reimbursement for hospital care or
medical services provided to an individual under this section only
after the individual or the provider of such care or services has
exhausted without success all claims and remedies reasonably available
to the individual or provider against a third party (as defined in
section 1725(f) of this title) for payment of such care or services,
including with respect to health-plan contracts (as defined in such
section).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1787 the following new item:
``1787A. Health care of civilian firefighters and family members of
veterans stationed at certain military
installations.''.
(c) Annual Reports.--
(1) In general.--During the three-year period beginning in
the year in which the study conducted under section 316 of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91) is submitted to Congress, the Secretary of Veterans
Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives an annual report on the care and services
provided under sections 1710(e)(1)(G) and 1787A of title 38,
United States Code (as added by subsections (a) and (b)(1),
respectively).
(2) Elements.--Each report under paragraph (1) shall set
forth the following:
(A) The number of veterans, civilian firefighters,
and family members provided hospital care and medical
services under the provisions of law specified in
paragraph (1) during the period covered by the report.
(B) The illnesses, conditions, and disabilities for
which care and services have been provided such
veterans, civilian firefighters, and family members
under such provisions of law during that period.
(C) The number of veterans, civilian firefighters,
and family members who applied for care and services
under such provisions of law during that period but
were denied, including information on the reasons for
such denials.
(D) The number of veterans, civilian firefighters,
and family members who applied for care and services
under such provisions of law and are awaiting a
decision from the Secretary on eligibility for such
care and services as of the date of such report.
(3) Veteran defined.--In this subsection, the term
``veteran'' includes a former member of the reserve components
of the Armed Forces covered by such section 1710(e)(1)(G).
SEC. 5. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN VETERANS EXPOSED
TO PERFLUOROOCTANOIC ACID OR OTHER PER- AND
POLYFLUOROALKYL SUBSTANCES.
(a) In General.--Chapter 11 of title 38, United States Code, is
amended by inserting after section 1116 the following new section:
``Sec. 1116A. Presumption of service connection for certain veterans
exposed to perfluorooctanoic acid or other per- and
polyfluoroalkyl substances
``(a) Presumption of Service Connection.--(1) For the purposes of
section 1110 of this title, and subject to section 1113 of this title,
each disease or illness specified in subsection (b) that becomes
manifest in a veteran described in paragraph (2) shall be considered to
have been incurred or aggravated in the line of duty in the active
military, naval, or air service, notwithstanding that there is no
record of evidence of such disease or illness during the period of such
service.
``(2) A veteran described in this paragraph is a veteran who,
during active military, naval, or air service, served at a military
installation at which individuals were exposed to perfluorooctanoic
acid or other per- and polyfluoroalkyl substances, including exposure
through a well that provides water for human consumption that is
contaminated with such substances.
``(b) Diseases or Illnesses.--A disease or illness specified in
this subsection is any of the following:
``(1) With respect to exposure to perfluorooctanoic acid--
``(A) diagnosed high cholesterol;
``(B) ulcerative colitis;
``(C) thyroid disease;
``(D) testicular cancer;
``(E) kidney cancer; and
``(F) pregnancy-induced hypertension.
``(2) With respect to exposure to other per- and
polyfluoroalkyl substances, any other disease, illness, or
condition that the Secretary of Veterans Affairs, in
consultation with the Administrator of the Agency for Toxic
Substances and Disease Registry of the Department of Health and
Human Services, determines pursuant to the study conducted
under section 316 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91) that a positive
association exists between exposure to per- and polyfluoroalkyl
substances and such disease or illness.
``(c) Active Military, Naval, or Air Service.--For purposes of this
section, any service by a member of the reserve components for a period
specified by the Secretary at a military installation described in
subsection (a)(2) shall be treated as active military, naval, or air
service, notwithstanding section 101(24) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1116 the following new item:
``1116A. Presumption of service connection for certain veterans exposed
to perfluorooctanoic acid or other per- and
polyfluoroalkyl substances.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on Science, Space, and Technology, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on Science, Space, and Technology, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on Science, Space, and Technology, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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