Protecting Firefighters from PFAS Act

I 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 provi- sions 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Firefighters 4 from PFAS Act’’. 5 VerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7687 IH SEC. 2. PFAS AT FIRE TRAINING FACILITIES. 1 Section 203(e)(1)(B) of the Robert T. Stafford Dis- 2 aster Relief and Emergency Assistance Act (42 U.S.C. 3 5133(e)(1)(B)) is amended— 4 (1) in clause (iii), by striking ‘‘or’’; 5 (2) in clause (iv), by striking the period at the 6 end and inserting ‘‘; or’’; and 7 (3) by adding at the end the following: 8 ‘‘(v) to remediate per- and polyfluoro- 9 alkyl substances at fire training facilities.’’. 10 SEC. 3. GUARANTEEING EQUIPMENT SAFETY FOR FIRE- 11 FIGHTERS. 12 (a) NATIONAL INSTITUTE OF STANDARDS AND 13 TECHNOLOGY STUDY ON PER- AND POLYFLUOROALKYL 14 SUBSTANCES IN PERSONAL PROTECTIVE EQUIPMENT 15 WORN BY FIREFIGHTERS.— 16 (1) IN GENERAL.—Not later than 90 days after 17 the date of the enactment of this Act, the Director 18 of the National Institute of Standards and Tech- 19 nology shall, in consultation with the Director of the 20 National Institute for Occupational Safety and 21 Health, commence a study of the contents and com- 22 position of new and unused personal protective 23 equipment worn by firefighters. 24 (2) CONTENTS OF STUDY.—In carrying out the 25 study required by paragraph (1), the Director of the 26 VerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7687 IH National Institute of Standards and Technology 1 shall examine— 2 (A) the identity, prevalence, and concentra- 3 tion of per- and polyfluoroalkyl substances 4 (commonly known as ‘‘PFAS’’) in the personal 5 protective equipment worn by firefighters; 6 (B) the conditions and extent to which per- 7 and polyfluoroalkyl substances are released into 8 the environment over time from the degradation 9 of personal protective equipment from normal 10 use by firefighters; and 11 (C) the relative risk of exposure to per- 12 and polyfluoroalkyl substances faced by fire- 13 fighters from— 14 (i) their use of personal protective 15 equipment; and 16 (ii) degradation of personal protective 17 equipment from normal use by firefighters. 18 (3) REPORT.—Not later than 1 year after the 19 date of the enactment of this Act, the Director shall 20 submit to Congress a report describing— 21 (A) the findings of the Director with re- 22 spect to the study carried out under paragraph 23 (1); and 24 VerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7687 IH (B) recommendations on what additional 1 research or technical improvements to personal 2 protective equipment materials or components 3 should be pursued to avoid unnecessary occupa- 4 tional exposure among firefighters to per- and 5 polyfluoroalkyl substances through personal 6 protective equipment. 7 (b) RESEARCH ON PER- AND POLYFLUOROALKYL 8 SUBSTANCES IN PERSONAL PROTECTIVE EQUIPMENT 9 WORN BY FIREFIGHTERS.— 10 (1) IN GENERAL.—Not later than 540 days 11 after the date of the enactment of this Act, the Di- 12 rector of the National Institute of Standards and 13 Technology shall— 14 (A) issue a solicitation for research pro- 15 posals to carry out the research recommenda- 16 tions identified in the report submitted under 17 subsection (a)(3); and 18 (B) award grants to applicants that submit 19 research proposals to develop safe alternatives 20 to per- and polyfluoroalkyl substances in per- 21 sonal protective equipment. 22 (2) CRITERIA.—The Director shall select re- 23 search proposals to receive a grant under paragraph 24 (1) on the basis of merit, using criteria identified by 25 VerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7687 IH the Director, including the likelihood that the re- 1 search results will address the findings of the Direc- 2 tor with respect to the study conducted under sub- 3 section (a)(1). 4 (3) ELIGIBLE ENTITIES.—Any entity or group 5 of two or more entities may submit to the Director 6 a research proposal in response to the solicitation for 7 research proposals under paragraph (1), including— 8 (A) State and local agencies; 9 (B) public institutions, including public in- 10 stitutions of higher education; 11 (C) private corporations; and 12 (D) nonprofit organizations. 13 (4) AUTHORIZATION OF APPROPRIATIONS.— 14 There is authorized to be appropriated to the Direc- 15 tor to carry out this subsection up to $5,000,000 for 16 each of the 3 fiscal years beginning with the first 17 full fiscal year following the date of enactment of 18 this Act. 19 (c) AUTHORITY FOR DIRECTOR OF THE NATIONAL 20 INSTITUTE OF STANDARDS AND TECHNOLOGY TO CON- 21 SULT WITH EXPERTS ON MATTERS RELATING TO PER- 22 AND POLYFLUOROALKYL SUBSTANCES.—In carrying out 23 this section, the Director of the National Institute of 24 Standards and Technology may consult with Federal 25 VerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 7687 IH agencies, nongovernmental organizations, State and local 1 governments, and science and research institutions deter- 2 mined by the Director to have scientific or material inter- 3 est in reducing unnecessary occupational exposure to per- 4 and polyfluoroalkyl substances by firefighters. 5 SEC. 4. HOSPITAL CARE AND MEDICAL SERVICES FOR VET- 6 ERANS AND DEPENDENTS EXPOSED TO PER- 7 FLUOROOCTANOIC ACID AND OTHER PER- 8 AND POLYFLUOROALKYL SUBSTANCES. 9 (a) HOSPITAL CARE AND MEDICAL SERVICES FOR 10 VETERANS.— 11 (1) IN GENERAL.—Paragraph (1) of section 12 1710(e) of title 38, United States Code, is amended 13 by adding at the end the following new subpara- 14 graph: 15 ‘‘(G)(i) Beginning on the date that is 90 16 days after the date of the enactment of this 17 subparagraph, subject to paragraph (2), a vet- 18 eran who served on active duty in the Armed 19 Forces at a covered military installation at 20 which individuals were exposed to substances 21 specified in clause (ii) is eligible for hospital 22 care and medical services under subsection 23 (a)(2)(F) for the diseases, illnesses, or condi- 24 tions as specified in such clause, notwith- 25 VerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 7687 IH standing that there is insufficient medical evi- 1 dence to conclude that such illness or condition 2 is attributable to such service. 3 ‘‘(ii) The substances and diseases, ill- 4 nesses, or conditions specified in this clause are 5 the following: 6 ‘‘(I) With respect to exposure to per- 7 fluorooctanoic acid— 8 ‘‘(aa) diagnosed high cholesterol; 9 ‘‘(bb) ulcerative colitis; 10 ‘‘(cc) thyroid disease; 11 ‘‘(dd) testicular cancer; 12 ‘‘(ee) kidney cancer; and 13 ‘‘(ff) pregnancy-induced hyper- 14 tension. 15 ‘‘(II) With respect to exposure to 16 other per- and polyfluoroalkyl substances, 17 any disease, illness, or condition that the 18 Secretary of Veterans Affairs, in consulta- 19 tion with the Administrator of the Agency 20 for Toxic Substances and Disease Registry 21 of the Department of Health and Human 22 Services, determines pursuant to the study 23 conducted under section 316 of the Na- 24 tional Defense Authorization Act for Fiscal 25 VerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 7687 IH Year 2018 (Public Law 115–91) that a 1 positive association exists between exposure 2 to per- and polyfluoroalkyl substances and 3 such disease, illness, or condition. 4 ‘‘(iii) For purposes of this subparagraph— 5 ‘‘(I) any service by a veteran as a 6 member of the reserve components for a 7 period specified by the Secretary at a cov- 8 ered military installation at which individ- 9 uals were exposed, or suspected to be ex- 10 posed, to substances specified in clause (ii) 11 shall be treated as active duty service, not- 12 withstanding section 101(21) of this title; 13 and 14 ‘‘(II) any service by a veteran as a ci- 15 vilian firefighter for a period specified by 16 the Secretary at a covered military instal- 17 lation at which individuals were exposed, 18 or suspected to be exposed, to substances 19 specified in clause (ii) shall be treated as 20 active duty service at such installation, re- 21 gardless of whether such service occurs 22 after the date on which the veteran was 23 discharged or released from the Armed 24 VerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 7687 IH Forces, notwithstanding section 101(21) of 1 this title. 2 ‘‘(iv) In this subparagraph, the term ‘cov- 3 ered military installation’ means a military in- 4 stallation at which individuals were exposed to 5 perfluorooctanoic acid or other per- and 6 polyfluoroalkyl substances, including exposure 7 through a well that provides water for human 8 consumption that is contaminated with such 9 substances.’’. 10 (2) LIMITATION.—Paragraph (2)(B) of such 11 section is amended by striking ‘‘or (F)’’ and insert- 12 ing ‘‘(F), or (G)’’. 13 (b) CIVILIAN FIREFIGHTERS AND FAMILY MEMBERS 14 OF VETERANS.— 15 (1) IN GENERAL.—Subchapter VIII of chapter 16 17 is amended by adding at the end the following 17 new section: 18 ‘‘§ 1787A. Health care of civilian firefighters and fam- 19 ily members of veterans stationed at cer- 20 tain military installations 21 ‘‘(a) IN GENERAL.—(1) Beginning on the date that 22 is 90 days after the date of the enactment of this section, 23 subject to subsection (b), an individual described in para- 24 graph (2) shall be eligible for hospital care and medical 25 VerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 7687 IH services furnished by the Secretary for any disease, illness, 1 or condition for which a veteran may receive hospital care 2 and medical services under section 1710(e)(1)(G)(ii) of 3 this title, notwithstanding that there is insufficient med- 4 ical evidence to conclude that such disease, illness, or con- 5 dition is proximately caused, as the case may be, by— 6 ‘‘(A) the location of the residence as specified 7 in paragraph (2)(A); or 8 ‘‘(B) the nature of the service as a firefighter 9 as specified in paragraph (2)(B). 10 ‘‘(2) An individual described in this paragraph is any 11 of the following: 12 ‘‘(A) A family member of a veteran described in 13 clause (i) of section 1710(e)(1)(G) of this title (or 14 who would be so described but for the condition by 15 which the individual was discharged or released from 16 the Armed Forces) who resided at a military instal- 17 lation covered by such clause or who was in utero 18 while the mother of such family member resided at 19 such location. 20 ‘‘(B) An employee of the Federal Government 21 who— 22 ‘‘(i) served as a civilian firefighter at such 23 a military installation; and 24 VerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 7687 IH ‘‘(ii) is not covered by such section 1 1710(e)(1)(G). 2 ‘‘(b) LIMITATIONS.—(1) The Secretary may only fur- 3 nish hospital care and medical services under subsection 4 (a) to the extent and in the amount provided in advance 5 in appropriations Acts for such purpose. 6 ‘‘(2) Hospital care and medical services may not be 7 furnished under subsection (a) for a disease, illness, or 8 condition of an individual that is found, in accordance with 9 guidelines issued by the Under Secretary for Health, to 10 have resulted from a cause other than the residence or 11 employment of the individual as specified in that sub- 12 section. 13 ‘‘(3) The Secretary may provide reimbursement for 14 hospital care or medical services provided to an individual 15 under this section only after the individual or the provider 16 of such care or services has exhausted without success all 17 claims and remedies reasonably available to the individual 18 or provider against a third party (as defined in section 19 1725(f) of this title) for payment of such care or services, 20 including with respect to health-plan contracts (as defined 21 in such section).’’. 22 (2) CLERICAL AMENDMENT.—The table of sec- 23 tions at the beginning of such chapter is amended 24 VerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 7687 IH by inserting after the item relating to section 1787 1 the following new item: 2 ‘‘1787A. Health care of civilian firefighters and family members of veterans sta- tioned at certain military installations.’’. (c) ANNUAL REPORTS.— 3 (1) IN GENERAL.—During the three-year period 4 beginning in the year in which the study conducted 5 under section 316 of the National Defense Author- 6 ization Act for Fiscal Year 2018 (Public Law 115– 7 91) is submitted to Congress, the Secretary of Vet- 8 erans Affairs shall submit to the Committee on Vet- 9 erans’ Affairs of the Senate and the Committee on 10 Veterans’ Affairs of the House of Representatives an 11 annual report on the care and services provided 12 under sections 1710(e)(1)(G) and 1787A of title [Text truncated for display. Full text available on Congress.gov.]