[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4013 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4013
To amend the Public Health Service Act to establish the Firefighter
PFAS Injury Compensation Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2024
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to establish the Firefighter
PFAS Injury Compensation Program, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Firefighter PFAS
Injury Compensation Act of 2024''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Firefighter PFAS Injury Compensation Program.
Sec. 3. PFAS Trust Fund.
Sec. 4. Excise tax on PFAS manufacturers.
Sec. 5. PFAS litigation excise tax.
Sec. 6. Budgetary effects.
SEC. 2. FIREFIGHTER PFAS INJURY COMPENSATION PROGRAM.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXXIV--FIREFIGHTER PFAS INJURY COMPENSATION PROGRAM
``SEC. 3401. FIREFIGHTER PFAS INJURY COMPENSATION PROGRAM.
``(a) Establishment.--The Secretary shall establish a program, to
be known as the Firefighter PFAS Injury Compensation Program (in this
title referred to as the `Program'), for the purpose of providing
compensation for physical injury or death suffered by firefighters in
connection with PFAS-related health conditions.
``(b) Submission of Claims.--
``(1) In general.--Subject to paragraph (3), to seek
compensation under the Program, an eligible claimant shall
submit to the Secretary a claim--
``(A) using the claim form developed by the
Secretary under paragraph (2); and
``(B) by presenting any additional evidence,
including witness testimony and supporting documents,
alongside such claim form.
``(2) Claim form.--The Secretary shall develop a claim form
that requests the following information:
``(A) Information concerning any PFAS-related
health condition of the firefighter in relation to whom
the eligible claimant seeks compensation, including--
``(i) proof of the diagnosis of such
condition by a physician; and
``(ii) the date of such diagnosis.
``(B) The years of service of such firefighter.
``(C) A description of any special circumstances
that may support a more substantial award.
``(3) Time limitation.--An eligible claimant may submit a
claim under paragraph (1) during the period beginning on the
date on which the regulations are promulgated as final under
section 3403 and ending on the later of--
``(A) the date that is 2 years after the date on
which such regulations are promulgated as final; and
``(B) the date that is 2 years after the date of
death of the firefighter in relation to whom the
eligible claimant seeks compensation.
``(c) Eligible Claimant.--
``(1) In general.--A person is eligible to submit a claim
under the Program only if such person--
``(A)(i) served as a firefighter for 2 or more
years; and
``(ii) during or after such service, suffered a
PFAS-related health condition; or
``(B) in the case of a deceased firefighter who
meets the requirements of subparagraph (A)--
``(i) is the administrator of the estate of
such firefighter; or
``(ii) in the case that the claim is
submitted before the date on which the estate
of such firefighter is opened--
``(I) is an adult heir of such
firefighter; and
``(II) is represented by counsel.
``(2) Claims from multiple adult heirs prohibited.--If more
than 1 adult heir described in paragraph (1)(B)(ii) submits a
claim for the same firefighter before the date on which the
estate of such firefighter is opened, all such adult heirs
shall cease to be eligible claimants. In such case, the
eligible claimant shall be the administrator of the
firefighter's estate under paragraph (1)(B)(i).
``(d) Review of Claims.--
``(1) In general.--For each claim submitted under
subsection (b)(1), the Secretary shall--
``(A) determine whether the firefighter suffered a
PFAS-related health condition; and
``(B) not later than 120 days after the date on
which the claim is submitted--
``(i) determine the amount of compensation
(if any) to award to the eligible claimant, as
described in subsection (e); and
``(ii) provide to the eligible claimant
written notice of such determination.
``(2) No-fault program.--In reviewing claims under
paragraph (1), the Secretary--
``(A) shall conclude that any PFAS-related health
condition of a firefighter was caused by exposure to
PFAS during the firefighting activities of such
firefighter; and
``(B) may not consider negligence or any other
theory of liability or defense thereto.
``(3) Rights of eligible claimant.--An eligible claimant in
a review under paragraph (1) shall have the right to be
represented by an attorney.
``(e) Amount of Compensation.--
``(1) In general.--The amount of compensation described in
subsection (d)(1)(B)(i) is the base award described in
paragraph (2), as multiplied by the service modifier described
in paragraph (3), and as modified by any special circumstances
(as the Secretary determines appropriate).
``(2) Base award.--Subject to paragraph (4), the base award
described in this paragraph is--
``(A) $250,000 for a PFAS-related health condition
that is a cancer; and
``(B) $50,000 for a PFAS-related health condition
that is not a cancer.
``(3) Service modifier.--The service modifier described in
this paragraph is--
``(A) 1 for a firefighter with at least 2 and fewer
than 5 years of service;
``(B) 2 for a firefighter with at least 5 and fewer
than 7 years of service;
``(C) 3 for a firefighter with at least 7 and fewer
than 10 years of service; and
``(D) 4 for a firefighter with at least 10 years of
service.
``(4) Inflation adjustments.--The Secretary may adjust the
base award described in paragraph (2) to account for any
inflation or deflation occurring after the date of enactment of
the Firefighter PFAS Injury Compensation Act of 2024.
``(5) No punitive damages; no consideration of funding
availability.--In determining the amount of compensation
described in subsection (d)(1)(B)(i), the Secretary--
``(A) may not include any punitive damages; and
``(B) may not consider the amounts available in the
PFAS Trust Fund under section 9512 of the Internal
Revenue Code of 1986.
``(f) Limitations on Claims.--
``(1) Only 1 cancer and 1 noncancer condition.--An eligible
claimant may receive compensation under the Program only with
respect to 1 PFAS-related health condition that is a cancer and
1 PFAS-related health condition that is not a cancer.
``(2) Single claim rule.--Only 1 claim may be submitted
under the Program with respect to any firefighter, but a single
claim may include multiple PFAS-related health conditions, and
claims may be amended and supplemented.
``(g) Appeals to Court of Federal Claims.--
``(1) In general.--An eligible claimant aggrieved by a
determination of the Secretary with respect to a claim of such
eligible claimant under the Program may appeal such
determination to the United States Court of Federal Claims.
``(2) De novo review.--The United States Court of Federal
Claims shall review any determination appealed under paragraph
(1) using a de novo standard of review.
``(3) Additional evidence.--As part of an appeal referred
to in paragraph (1), an eligible claimant may provide
additional evidence, including witness testimony and supporting
documents, irrespective of whether such evidence was provided
in the claim submitted under subsection (b)(1).
``SEC. 3402. PAYMENTS TO ELIGIBLE INDIVIDUALS.
``(a) In General.--Subject to subsection (b), not later than 20
days after the date on which a determination is made by the Secretary
regarding the amount of compensation to award an eligible claimant
under the Program, the Secretary shall pay to such eligible claimant
such amount from the PFAS Trust Fund under section 9512 of the Internal
Revenue Code of 1986.
``(b) Limitations.--
``(1) Payment system.--The Secretary shall establish a
system for providing compensation for claims in accordance with
this subsection and section 3401.
``(2) Agency policies and procedures.--
``(A) Development.--
``(i) In general.--Not later than 30 days
after the date of enactment of the Firefighter
PFAS Injury Compensation Act of 2024, the
Secretary shall develop agency policies and
procedures that meet the requirements described
in clauses (ii) and (iii) for providing
compensation for claims.
``(ii) No exceeding amounts in fund.--The
policies and procedures developed under clause
(i) shall ensure that total obligations and
expenditures in providing compensation for
claims do not exceed the amounts appropriated
to the PFAS Trust Fund under section 9512 of
the Internal Revenue Code of 1986.
``(iii) Proration.--The policies and
procedures developed under clause (i) shall
include a process for prorating payments when
funding is deficient and for supplementing the
prorated payments as funding becomes available
consistent with paragraph (3).
``(B) Reassessment.--Not later than 1 year after
the date of enactment of the Firefighter PFAS Injury
Compensation Act of 2024, and annually thereafter, the
Secretary shall conduct a reassessment of the agency
policies and procedures developed under subparagraph
(A) to ensure that such policies and procedures
continue to satisfy the requirements described in
clauses (ii) and (iii) of such subparagraph. If the
Secretary determines, upon reassessment, that such
agency policies or procedures do not achieve the
requirements of such clauses, the Secretary shall take
additional actions or make such modifications as
necessary to achieve such requirements.
``(3) Adjustment for delayed payment due to insufficient
funding.--
``(A) In general.--For any claim for which the
Secretary advises the eligible claimant that the amount
of compensation to be paid has been reduced on the
basis of insufficient funding, the Secretary shall, in
the first fiscal year beginning after sufficient
funding becomes available, pay to the eligible claimant
the unpaid amount plus 6 percent interest per annum on
such unpaid amount.
``(B) Definitions.--In this paragraph:
``(i) Insufficient funding.--The term
`insufficient funding' means funding that the
Secretary determines is insufficient for
purposes of compensating all claims under the
Program.
``(ii) Sufficient funding.--The term
`sufficient funding' means funding that the
Secretary determines is sufficient for purposes
of compensating all claims under the Program.
``(iii) Unpaid amount.--The term `unpaid
amount' means the amount of additional
compensation the eligible claimant would have
been paid under the Program if sufficient
funding had been available.
``(4) Decedents' creditors.--Compensation paid under the
Program is not subject to a claim of a creditor of any deceased
firefighter with respect to whom such compensation was paid.
``(c) Attorneys' Fees.--
``(1) Maximum percentage.--Notwithstanding any contract,
attorneys' fees for services rendered in obtaining compensation
under the Program (including an appeal under section 3401(g))
may not exceed the highest percentage permitted under section
2678 of title 28, United States Code.
``(2) Penalties.--Any attorney who charges, demands,
receives, or collects for services rendered in connection with
obtaining compensation under the Program any amount in excess
of that allowed under this subsection, if recovery be had,
shall be subject to the penalties provided in such section
2678.
``SEC. 3403. REGULATIONS.
``Not later than 90 days after the date of enactment of this title,
the Secretary shall promulgate regulations to carry out this title,
including regulations with respect to--
``(1) the claim form developed by the Secretary under
section 3401(b)(2);
``(2) procedures for hearing and the presentation of
evidence;
``(3) procedures to assist a person in submitting and
pursuing a claim under this title; and
``(4) other matters determined appropriate by the
Secretary.
``SEC. 3404. DEFINITIONS.
``In this title:
``(1) Firefighter.--The term `firefighter' means a member
of a civilian or military fire department or volunteer fire
organization who is qualified to respond to and extinguish
fires.
``(2) Heir.--The term `heir' means, in relation to a
deceased individual, an individual who, at the time of death of
the deceased individual, was a spouse, parent, child,
grandchild, or sibling of the deceased individual.
``(3) PFAS.--The term `PFAS' means per- and polyfluoroalkyl
substances.
``(4) PFAS-related health condition.--
``(A) In general.--The term `PFAS-related health
condition' means an illness or health condition for
which exposure to PFAS is likely to be a significant
factor in aggravating, contributing to, or causing the
illness or health condition, including--
``(i) cancers of the kidney, testicle,
liver, prostate, bladder, pancreas, breast,
colon, and ovary;
``(ii) thyroid diseases;
``(iii) ulcerative colitis; and
``(iv) any other illness or health
condition, as the Secretary determines
appropriate.
``(B) Advisory panel.--
``(i) Establishment.--The Secretary shall
establish an advisory panel of individuals with
appropriate expertise to advise the Secretary
on which other illnesses or health conditions
should be considered PFAS-related health
conditions under subparagraph (A)(iv).
``(ii) Recommendations regarding specific
claims.--For each claim submitted under
subsection (b)(1) with respect to an illness or
health condition not listed in clauses (i)
through (iii) of subparagraph (A), or
previously determined by the Secretary to be a
PFAS-related health condition under clause (iv)
of such subparagraph, the advisory panel
established under clause (i) shall, not later
than 90 days after the submission of such
claim, submit to the Secretary a recommendation
on whether the illness or health condition
should be considered a PFAS-related health
condition.
``(iii) Termination.--Section 1013(a)(2) of
title 5, United States Code, (relating to the
termination of advisory committees) shall not
apply to the advisory panel established under
clause (i).
``SEC. 3405. FUNDING.
``(a) Compensation Paid Only From PFAS Trust Fund.--Compensation
under this title may be awarded only from amounts in the PFAS Trust
Fund established under section 9512 of the Internal Revenue Code of
1986.
``(b) Authorization of Appropriations for Administrative Costs.--
There is authorized to be appropriated for the costs of administering
and carrying out this title such sums as may be necessary for each of
fiscal years 2025 through 2029.''.
SEC. 3. PFAS TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9512. PFAS TRUST FUND.
``(a) Creation of Trust Fund.--There is hereby established in the
Treasury of the United States a trust fund to be known as the `PFAS
Trust Fund', consisting of such amounts as may be appropriated or
credited to such Trust Fund as provided in this section or section
9602(b).
``(b) Transfer to Trust Fund of Amounts Equivalent to Certain Taxes
and Contributions.--There are hereby appropriated to the PFAS Trust
Fund amounts equivalent to--
``(1) the taxes received in the Treasury under sections
4191 and 5000E, and
``(2) the contributions accepted by the Secretary of Health
and Human Services under subsection (c).
``(c) Contributions.--The Secretary of Health and Human Services
may accept contributions to the PFAS Trust Fund under such terms and
conditions as the Secretary determines appropriate.
``(d) Expenditures From Trust Fund.--Amounts in the PFAS Trust Fund
shall be available, without further appropriation, to the Secretary of
Health and Human Services to provide compensation through the
Firefighter PFAS Injury Compensation Program under title XXXIV of the
Public Health Service Act.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of such Code is amended by adding at the end the following
new item:
``Sec. 9512. PFAS Trust Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after the date of the enactment of this Act.
SEC. 4. EXCISE TAX ON PFAS MANUFACTURERS.
(a) In General.--Chapter 32 of subtitle D of the Internal Revenue
Code of 1986 is amended by inserting after subchapter D the following
new subchapter:
``Subchapter E--PFAS
``Sec. 4191. PFAS excise tax.
``SEC. 4191. PFAS EXCISE TAX.
``(a) In General.--There is hereby imposed on PFAS products sold by
the manufacturer, producer, or importer thereof a tax equal to 10
percent of the price for which so sold.
``(b) Definitions.--For purposes of this section:
``(1) PFAS.--The term `PFAS' means per- and polyflouroalkyl
substances.
``(2) PFAS products.--The term `PFAS products' means any
product containing PFAS, including firefighter gear containing
PFAS.''.
(b) Clerical Amendment.--The table of subchapters for chapter 32 of
subtitle D of such Code is amended by inserting after the item relating
to subchapter D the following new item:
``Subchapter E. PFAS''.
(c) Effective Date.--The amendments made by this section shall
apply to products sold after the date of the enactment of this Act.
SEC. 5. PFAS LITIGATION EXCISE TAX.
(a) In General.--Subtitle D of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:
``CHAPTER 50B--PFAS LITIGATION
``Sec. 5000E. PFAS litigation excise tax.
``SEC. 5000E. PFAS LITIGATION EXCISE TAX.
``(a) In General.--There is hereby imposed a tax on any taxpayer
that pays a qualifying PFAS litigation award during the taxable year in
an amount equal to 10 percent of the present value of such award.
``(b) Qualifying PFAS Litigation Award.--For purposes of this
section, the term `qualifying PFAS litigation award' means a payment
made pursuant to any final court order or settlement to compensate any
person for harm suffered as a result of exposure to PFAS (as defined in
section 4191) other than a claim for personal injury.''.
(b) Clerical Amendment.--The table of chapters for subtitle D of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``CHAPTER 50B--PFAS LITIGATION''.
(c) Effective Date.--The amendments made by this section shall
apply to payments paid or incurred after the date of the enactment of
this section.
SEC. 6. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this Act
and the amendments made by this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this Act and
the amendments made by this Act shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
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