[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6946 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 6946

To direct the Secretary of Defense to establish a compensation fund for 
                 military firefighters exposed to PFAS.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2024

  Ms. Strickland (for herself and Mr. Posey) introduced the following 
      bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Defense to establish a compensation fund for 
                 military firefighters exposed to PFAS.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COMPENSATION FUND FOR MILITARY FIREFIGHTERS.

    (a) Program and Fund Established.--Not later than two years after 
the date of enactment of this Act, the Secretary of Defense shall 
establish a program and fund to be known as the ``Military Firefighters 
Compensation Fund''.
    (b) Purpose of Program.--The purpose of the compensation program is 
to provide for timely, uniform, and adequate compensation to current 
and former military firefighters and, where applicable, survivors of 
such employees, suffering from illnesses incurred by such employees in 
the performance of duty for the Department of Defense and certain of 
its contractors and subcontractors due to exposure to per- and 
polyfluoroalkyl substances, or PFAS.
    (c) PFAS Exposure.--Current and former military firefighters shall, 
in the absence of substantial evidence to the contrary, be determined 
to have been exposed to PFAS in the performance of duty for the 
purposes of the compensation program if such firefighter was employed 
at a military installation, facility of the National Guard, of formerly 
used defense site during a period when PFAS would have been present at 
such facility.
    (d) Compensation Provided.--A current or former military 
firefighter, or the survivor of such firefighter if the firefighter is 
deceased, shall receive compensation for the disability or death of 
that employee from that employee's occupational illness.
    (e) Payments in the Case of Deceased Persons.--
            (1) Claim filed.--In the case of a military firefighter who 
        is deceased at the time of payment of compensation under this 
        section, whether or not the death is the result of the 
        firefighter's occupational illness, such payment may be made 
        only as follows:
                    (A) If the military firefighter is survived by a 
                spouse who is living at the time of payment, such 
                payment shall be made to such surviving spouse.
                    (B) If there is no surviving spouse described in 
                subparagraph (A), such payment shall be made in equal 
                shares to all children of the military firefighter who 
                are living at the time of payment.
                    (C) If there is no surviving spouse described in 
                subparagraph (A) and if there are no children described 
                in subparagraph (B), such payment shall be made in 
                equal shares to the parents of the military firefighter 
                who are living at the time of payment.
                    (D) If there is no surviving spouse described in 
                subparagraph (A), and if there are no children 
                described in subparagraph (B) or parents described in 
                subparagraph (C), such payment shall be made in equal 
                shares to all grandchildren of the military firefighter 
                who are living at the time of payment.
                    (E) If there is no surviving spouse described in 
                subparagraph (A), and if there are no children 
                described in subparagraph (B), parents described in 
                subparagraph (C), or grandchildren described in 
                subparagraph (D), then such payment shall be made in 
                equal shares to the grandparents of the military 
                firefighter who are living at the time of payment.
                    (F) Notwithstanding the other provisions of this 
                paragraph, if there is--
                            (i) a surviving spouse described in 
                        subparagraph (A); and
                            (ii) at least one child of the military 
                        firefighter who is living and a minor at the 
                        time of payment and who is not a recognized 
                        natural child or adopted child of such 
                        surviving spouse, then half of such payment 
                        shall be made to such surviving spouse, and the 
                        other half of such payment shall be made in 
                        equal shares to each child of the military 
                        firefighter who is living and a minor at the 
                        time of payment.
            (2) Before filing of claim.--If a current or former 
        military firefighter eligible for payment dies before filing a 
        claim under this section, a survivor of that firefighter who 
        may receive payment under paragraph (1) may file a claim for 
        such payment.
            (3) Definitions.--In this subsection:
                    (A) The term ``child'' includes a recognized 
                natural child, a stepchild who lived with an individual 
                in a regular parent-child relationship, or an adopted 
                child.
                    (B) The term ``grandchild'' means the child of a 
                child of an individual.
                    (C) The term ``grandparent'' means the parent of a 
                parent of an individual.
                    (D) The term ``parent'' includes fathers and 
                mothers through adoption.
                    (E) The term ``spouse'' means the wife or husband 
                of a deceased individual who was married to such 
                individual for at least one year immediately before 
                such death.
    (f) Medical Benefits Provided.--The Secretary shall furnish, to an 
individual receiving medical benefits under this section for an 
illness, the services, appliances, and supplies prescribed or 
recommended by a qualified physician for that illness.
    (g) Transportation and Expenses.--The individual may be furnished 
necessary and reasonable transportation and expenses incident to the 
securing of such services, appliances, and supplies.
    (h) Commencement of Benefits.--An individual receiving benefits 
under this section shall be furnished those benefits as of the date on 
which that individual submitted the claim for those benefits in 
accordance with this section.
    (i) Definitions.--In this section:
            (1) The term ``military firefighter'' means a member of the 
        Armed Forces or a civilian employee of the Department of 
        Defense whose military occupational specialty or primary duties 
        are fire suppression and prevention.
            (2) The term ``military installation'' has the meaning 
        given such term in section 2801(c)(4) of title 10, United 
        States Code.
            (3) The term ``PFAS'' means perfluoroalkyl and 
        polyfluoroalkyl substances.
            (4) The term ``perfluoroalkyl substance'' means a man-made 
        chemical of which all the carbon atoms are fully fluorinated 
        carbon atoms.
            (5) The term ``polyfluoroalkyl substance'' means a man-made 
        chemical with at least one fully fluorinated carbon atom and at 
        least one nonfluorinated carbon atom.
    (j) Authorization for Compensation Fund.--There is hereby 
authorized such sums as may be necessary to carry out this section.
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