Veterans Exposed to Toxic PFAS Act or the VET PFAS Act
This bill provides eligibility for Department of Veterans Affairs (VA) hospital care and medical services to veterans and their family members (including those in utero) who have specified conditions and resided at a military installation where individuals were exposed to perfluoroalkyl and polyfluoroalkyl substances, commonly known as PFAS. PFAS are man-made and may have adverse human health effects.
Hospital care and medical services may not be furnished for a condition that is found to have resulted from a cause other than the exposure to PFAS at a military installation.
The VA may provide reimbursement for hospital care or medical services provided to a family member only after the family member or provider has exhausted all claims and remedies otherwise available for payment of such care.
For disability compensation purposes, the bill establishes a presumption of service-connection for specified conditions in veterans who served at a military installation at which individuals 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 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2294 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2294
To amend title 38, United States Code, to furnish hospital care and
medical services to veterans and dependents who were stationed at
military installations at which those veterans and dependents were
exposed to perfluorooctanoic acid or other perfluoroalkyl and
polyfluoroalkyl substances, to provide for a presumption of service
connection for certain veterans who were stationed at military
installations at which those veterans were exposed to such substances,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2023
Ms. Stabenow (for herself, Mr. Peters, Mr. Casey, and Mr. Fetterman)
introduced the following bill; which was read twice and referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to furnish hospital care and
medical services to veterans and dependents who were stationed at
military installations at which those veterans and dependents were
exposed to perfluorooctanoic acid or other perfluoroalkyl and
polyfluoroalkyl substances, to provide for a presumption of service
connection for certain veterans who were stationed at military
installations at which those veterans were 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 ``Veterans Exposed to Toxic PFAS Act''
or the ``VET PFAS Act''.
SEC. 2. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS
EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER
PERFLUOROALKYL 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:
``(J)(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 disease, 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 perfluoroalkyl and
polyfluoroalkyl substances not specified in subclause (I), any
disease, illness, or condition that the Secretary, 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(a) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) that a
positive association exists between exposure to perfluoroalkyl
and polyfluoroalkyl substances and such disease, illness, or
condition.
``(iii) For purposes of this subparagraph, any service by a member
of the reserve components of the Armed Forces for a period specified by
the Secretary at a covered military installation at which individuals
were exposed to substances specified in clause (ii) shall be treated as
active duty service, 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 perfluoroalkyl 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 (I)'' and inserting ``(I), or (J)''.
(b) Family Members.--
(1) In general.--Subchapter VIII of chapter 17 of title 38,
United States Code, is amended by inserting after section 1787
the following new section:
``Sec. 1787A. Health care of family members of veterans stationed at
certain military installations with PFAS contamination
``(a) In General.--Beginning on the date that is 90 days after the
date of the enactment of this section, subject to subsection (b), a
family member of a veteran described in clause (i) of section
1710(e)(1)(J) 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 covered military installation (as
defined in clause (iv) of such section) or who was in utero while the
mother of such family member resided at such location 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 clause (ii) of such section,
notwithstanding that there is insufficient medical evidence to conclude
that such disease, illness, or condition is attributable to such
residence.
``(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 a family member
that is found, in accordance with guidelines issued by the Under
Secretary for Health, to have resulted from a cause other than the
residence of the family member described in that subsection.
``(3) The Secretary may provide reimbursement for hospital care or
medical services provided to a family member under this section only
after the family member or the provider of such care or services has
exhausted without success all claims and remedies reasonably available
to the family member or provider against a third party (as defined in
section 1725(h) 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 subchapter is amended by inserting after the
item relating to section 1787 the following new item:
``1787A. Health care of family members of veterans stationed at certain
military installations with PFAS
contamination.''.
(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; 131 Stat. 1350) 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)(J) and
1787A of title 38, United States Code (as added by subsections
(a)(1) and (b)(1), respectively).
(2) Elements.--Each report under paragraph (1) shall set
forth the following:
(A) The number of veterans 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 and family members under such provisions of
law during that period.
(C) The number of veterans 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 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 section 1710(e)(1)(J) of title
38, United States Code, as added by subsection (a)(1).
SEC. 3. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN VETERANS EXPOSED
TO PERFLUOROOCTANOIC ACID OR OTHER PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES.
(a) In General.--Chapter 11 of title 38, United States Code, is
amended by inserting after section 1116B the following new section:
``Sec. 1116C. Presumption of service connection for certain veterans
exposed to perfluorooctanoic acid or other perfluoroalkyl
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, air, or space 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, air, or space service, served at a
military installation at which individuals were exposed to
perfluorooctanoic acid or other perfluoroalkyl 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 perfluoroalkyl and
polyfluoroalkyl substances not specified in paragraph (1), any
other disease, illness, or condition that the Secretary, 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; 131 Stat. 1350) that a
positive association exists between exposure to perfluoroalkyl
and polyfluoroalkyl substances and such disease or illness.
``(c) Active Military, Naval, Air, or Space 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, air, or space 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
1116B the following new item:
``1116C. Presumption of service connection for certain veterans exposed
to perfluorooctanoic acid or other
perfluoroalkyl and polyfluoroalkyl
substances.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
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