[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7687 Introduced in House (IH)]

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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.''.
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