I 

118TH CONGRESS 

2D SESSION H. R. 7788 

To amend the Public Health Service Act to establish the Firefighter PFAS 

Injury Compensation Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2024 

Mr. SOTO introduced the following bill; which was referred to the Committee 

on Ways and Means, and in addition to the Committees on Energy and 

Commerce, and the Budget, 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 amend the Public Health Service Act to establish the 

Firefighter PFAS Injury Compensation Program, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Firefighter PFAS Injury Compensation Act of 2024’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Firefighter PFAS Injury Compensation Program. 


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Sec. 3. PFAS Trust Fund. 

Sec. 4. PFAS manufacturer’s excise tax. 

Sec. 5. PFAS litigation excise tax. 

Sec. 6. Budgetary effects. 

1 SEC. 2. FIREFIGHTER PFAS INJURY COMPENSATION PRO2 GRAM. 

3 The Public Health Service Act (42 U.S.C. 201 et 

4 seq.) is amended by adding at the end the following: 

5 ‘‘TITLE XXXIV—FIREFIGHTER 

6 PFAS INJURY COMPENSATION 

7 PROGRAM 

8 ‘‘SEC. 3401. FIREFIGHTER PFAS INJURY COMPENSATION 

9 PROGRAM. 

10 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab11 lish a program, to be known as the Firefighter PFAS In12 jury Compensation Program (in this title referred to as 

13 the ‘Program’), for the purpose of providing compensation 

14 for physical injury or death suffered by firefighters in con15 nection with PFAS-related health conditions. 

16 ‘‘(b) SUBMISSION OF CLAIMS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

18 to seek compensation under the Program, an eligible 

19 claimant shall submit to the Secretary a claim— 

20 ‘‘(A) using the claim form developed by the 

21 Secretary under paragraph (2); and 


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1 ‘‘(B) by presenting any additional evi2 dence, including witness testimony and sup3 porting documents, alongside such claim form. 

4 ‘‘(2) CLAIM FORM.—The Secretary shall de5 velop a claim form that requests the following infor6 mation: 

7 ‘‘(A) Information concerning any PFAS-re8 lated health condition of the firefighter in rela9 tion to whom the eligible claimant seeks com10 pensation, including— 

11 ‘‘(i) proof of the diagnosis of such 

12 condition by a physician; and 

13 ‘‘(ii) the date of such diagnosis. 

14 ‘‘(B) The years of service of such fire15 fighter. 

16 ‘‘(C) A description of any special cir17 cumstances that may support a more substan18 tial award. 

19 ‘‘(3) TIME LIMITATION.—An eligible claimant 

20 may submit a claim under paragraph (1) during the 

21 period beginning on the date on which the regula22 tions are promulgated as final under section 3403 

23 and ending on the later of— 


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1 ‘‘(A) the date that is 2 years after the date 

2 on which such regulations are promulgated as 

3 final; and 

4 ‘‘(B) the date that is 2 years after the date 

5 of death of the firefighter in relation to whom 

6 the eligible claimant seeks compensation. 

7 ‘‘(c) ELIGIBLE CLAIMANT.— 

8 ‘‘(1) IN GENERAL.—A person is eligible to sub9 mit a claim under the Program only if such per10 son— 

11 ‘‘(A)(i) served as a firefighter for 2 or 

12 more years; and 

13 ‘‘(ii) during or after such service, suffered 

14 a PFAS-related health condition; or 

15 ‘‘(B) in the case of a deceased firefighter 

16 who meets the requirements of subparagraph 

17 (A)— 

18 ‘‘(i) is the administrator of the estate 

19 of such firefighter; or 

20 ‘‘(ii) in the case that the claim is sub21 mitted before the date on which the estate 

22 of such firefighter is opened— 

23 ‘‘(I) is an adult heir of such fire24 fighter; and 

25 ‘‘(II) is represented by counsel. 


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1 ‘‘(2) CLAIMS FROM MULTIPLE ADULT HEIRS

2 PROHIBITED.—If more than 1 adult heir described 

3 in paragraph (1)(B)(ii) submits a claim for the same 

4 firefighter before the date on which the estate of 

5 such firefighter is opened, all such adult heirs shall 

6 cease to be eligible claimants. In such case, the eligi7 ble claimant shall be the administrator of the fire8 fighter’s estate under paragraph (1)(B)(i). 

9 ‘‘(d) REVIEW OF CLAIMS.— 

10 ‘‘(1) IN GENERAL.—For each claim submitted 

11 under subsection (b)(1), the Secretary shall— 

12 ‘‘(A) determine whether the firefighter suf13 fered a PFAS-related health condition; and 

14 ‘‘(B) not later than 120 days after the 

15 date on which the claim is submitted— 

16 ‘‘(i) determine the amount of com17 pensation (if any) to award to the eligible 

18 claimant, as described in subsection (e); 

19 and 

20 ‘‘(ii) provide to the eligible claimant 

21 written notice of such determination. 

22 ‘‘(2) NO-FAULT PROGRAM.—In reviewing claims 

23 under paragraph (1), the Secretary— 

24 ‘‘(A) shall conclude that any PFAS-related 

25 health condition of a firefighter was caused by 


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1 exposure to PFAS during the firefighting activi2 ties of such firefighter; and 

3 ‘‘(B) may not consider negligence or any 

4 other theory of liability or defense thereto. 

5 ‘‘(3) RIGHTS OF ELIGIBLE CLAIMANT.—An eli6 gible claimant in a review under paragraph (1) shall 

7 have the right to be represented by an attorney. 

8 ‘‘(e) AMOUNT OF COMPENSATION.— 

9 ‘‘(1) IN GENERAL.—The amount of compensa10 tion described in subsection (d)(1)(B)(i) is the base 

11 award described in paragraph (2), as multiplied by 

12 the service modifier described in paragraph (3), and 

13 as modified by any special circumstances (as the 

14 Secretary determines appropriate). 

15 ‘‘(2) BASE AWARD.—Subject to paragraph (4), 

16 the base award described in this paragraph is— 

17 ‘‘(A) $250,000 for a PFAS-related health 

18 condition that is a cancer; and 

19 ‘‘(B) $50,000 for a PFAS-related health 

20 condition that is not a cancer. 

21 ‘‘(3) SERVICE MODIFIER.—The service modifier 

22 described in this paragraph is— 

23 ‘‘(A) 1 for a firefighter with at least 2 and 

24 fewer than 5 years of service; 


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1 ‘‘(B) 2 for a firefighter with at least 5 and 

2 fewer than 7 years of service; 

3 ‘‘(C) 3 for a firefighter with at least 7 and 

4 fewer than 10 years of service; and 

5 ‘‘(D) 4 for a firefighter with at least 10 

6 years of service. 

7 ‘‘(4) INFLATION ADJUSTMENTS.—The Sec8 retary may adjust the base award described in para9 graph (2) to account for any inflation or deflation 

10 occurring after the date of enactment of the Fire11 fighter PFAS Injury Compensation Act of 2024. 

12 ‘‘(5) NO PUNITIVE DAMAGES; NO CONSIDER13 ATION OF FUNDING AVAILABILITY.—In determining 

14 the amount of compensation described in subsection 

15 (d)(1)(B)(i), the Secretary— 

16 ‘‘(A) may not include any punitive dam17 ages; and 

18 ‘‘(B) may not consider the amounts avail19 able in the PFAS Trust Fund under section 

20 9512 of the Internal Revenue Code of 1986. 

21 ‘‘(f) LIMITATIONS ON CLAIMS.— 

22 ‘‘(1) ONLY 1 CANCER AND 1 NONCANCER CON23 DITION.—An eligible claimant may receive com24 pensation under the Program only with respect to 1 

25 PFAS-related health condition that is a cancer and 


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1 1 PFAS-related health condition that is not a can2 cer. 

3 ‘‘(2) SINGLE CLAIM RULE.—Only 1 claim may 

4 be submitted under the Program with respect to any 

5 firefighter, but a single claim may include multiple 

6 PFAS-related health conditions, and claims may be 

7 amended and supplemented. 

8 ‘‘(g) APPEALS TO COURT OF FEDERAL CLAIMS.— 

9 ‘‘(1) IN GENERAL.—An eligible claimant ag10 grieved by a determination of the Secretary with re11 spect to a claim of such eligible claimant under the 

12 Program may appeal such determination to the 

13 United States Court of Federal Claims. 

14 ‘‘(2) DE NOVO REVIEW.—The United States 

15 Court of Federal Claims shall review any determina16 tion appealed under paragraph (1) using a de novo 

17 standard of review. 

18 ‘‘(3) ADDITIONAL EVIDENCE.—As part of an 

19 appeal referred to in paragraph (1), an eligible 

20 claimant may provide additional evidence, including 

21 witness testimony and supporting documents, irre22 spective of whether such evidence was provided in 

23 the claim submitted under subsection (b)(1). 


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1 ‘‘SEC. 3402. PAYMENTS TO ELIGIBLE INDIVIDUALS. 

2 ‘‘(a) IN GENERAL.—Subject to subsection (b), not 

3 later than 20 days after the date on which a determination 

4 is made by the Secretary regarding the amount of com5 pensation to award an eligible claimant under the Pro6 gram, the Secretary shall pay to such eligible claimant 

7 such amount from the PFAS Trust Fund under section 

8 9512 of the Internal Revenue Code of 1986. 

9 ‘‘(b) LIMITATIONS.— 

10 ‘‘(1) PAYMENT SYSTEM.—The Secretary shall 

11 establish a system for providing compensation for 

12 claims in accordance with this subsection and section 

13 3401. 

14 ‘‘(2) AGENCY POLICIES AND PROCEDURES.— 

15 ‘‘(A) DEVELOPMENT.— 

16 ‘‘(i) IN GENERAL.—Not later than 30 

17 days after the date of enactment of the 

18 Firefighter PFAS Injury Compensation 

19 Act of 2024, the Secretary shall develop 

20 agency policies and procedures that meet 

21 the requirements described in clauses (ii) 

22 and (iii) for providing compensation for 

23 claims. 

24 ‘‘(ii) NO EXCEEDING AMOUNTS IN

25 FUND.—The policies and procedures devel26 oped under clause (i) shall ensure that 


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1 total obligations and expenditures in pro2 viding compensation for claims do not ex3 ceed the amounts appropriated to the 

4 PFAS Trust Fund under section 9512 of 

5 the Internal Revenue Code of 1986. 

6 ‘‘(iii) PRORATION.—The policies and 

7 procedures developed under clause (i) shall 

8 include a process for prorating payments 

9 when funding is deficient and for 

10 supplementing the prorated payments as 

11 funding becomes available consistent with 

12 paragraph (3). 

13 ‘‘(B) REASSESSMENT.—Not later than 1 

14 year after the date of enactment of the Fire15 fighter PFAS Injury Compensation Act of 

16 2024, and annually thereafter, the Secretary 

17 shall conduct a reassessment of the agency poli18 cies and procedures developed under subpara19 graph (A) to ensure that such policies and pro20 cedures continue to satisfy the requirements de21 scribed in clauses (ii) and (iii) of such subpara22 graph. If the Secretary determines, upon reas23 sessment, that such agency policies or proce24 dures do not achieve the requirements of such 

25 clauses, the Secretary shall take additional acVerDate Sep 11 2014 04:28 Apr 09, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7788.IH H7788

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1 tions or make such modifications as necessary 

2 to achieve such requirements. 

3 ‘‘(3) ADJUSTMENT FOR DELAYED PAYMENT

4 DUE TO INSUFFICIENT FUNDING.— 

5 ‘‘(A) IN GENERAL.—For any claim for 

6 which the Secretary advises the eligible claim7 ant that the amount of compensation to be paid 

8 has been reduced on the basis of insufficient 

9 funding, the Secretary shall, in the first fiscal 

10 year beginning after sufficient funding becomes 

11 available, pay to the eligible claimant the un12 paid amount plus 6 percent interest per annum 

13 on such unpaid amount. 

14 ‘‘(B) DEFINITIONS.—In this paragraph: 

15 ‘‘(i) INSUFFICIENT FUNDING.—The 

16 term ‘insufficient funding’ means funding 

17 that the Secretary determines is insuffi18 cient for purposes of compensating all 

19 claims under the Program. 

20 ‘‘(ii) SUFFICIENT FUNDING.—The 

21 term ‘sufficient funding’ means funding 

22 that the Secretary determines is sufficient 

23 for purposes of compensating all claims 

24 under the Program. 


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1 ‘‘(iii) UNPAID AMOUNT.—The term 

2 ‘unpaid amount’ means the amount of ad3 ditional compensation the eligible claimant 

4 would have been paid under the Program 

5 if sufficient funding had been available. 

6 ‘‘(4) DECEDENTS’ CREDITORS.—Compensation 

7 paid under the Program is not subject to a claim of 

8 a creditor of any deceased firefighter with respect to 

9 whom such compensation was paid. 

10 ‘‘(c) ATTORNEYS’ FEES.— 

11 ‘‘(1) MAXIMUM PERCENTAGE.—Notwith12 standing any contract, attorneys’ fees for services 

13 rendered in obtaining compensation under the Pro14 gram (including an appeal under section 3401(g)) 

15 may not exceed the highest percentage permitted 

16 under section 2678 of title 28, United States Code. 

17 ‘‘(2) PENALTIES.—Any attorney who charges, 

18 demands, receives, or collects for services rendered 

19 in connection with obtaining compensation under the 

20 Program any amount in excess of that allowed under 

21 this subsection, if recovery be had, shall be subject 

22 to the penalties provided in such section 2678. 


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1 ‘‘SEC. 3403. REGULATIONS. 

2 ‘‘Not later than 90 days after the date of enactment 

3 of this title, the Secretary shall promulgate regulations to 

4 carry out this title, including regulations with respect to— 

5 ‘‘(1) the claim form developed by the Secretary 

6 under section 3401(b)(2); 

7 ‘‘(2) procedures for hearing and the presen8 tation of evidence; 

9 ‘‘(3) procedures to assist a person in submitting 

10 and pursuing a claim under this title; and 

11 ‘‘(4) other matters determined appropriate by 

12 the Secretary. 

13 ‘‘SEC. 3404. DEFINITIONS. 

14 ‘‘In this title: 

15 ‘‘(1) FIREFIGHTER.—The term ‘firefighter’ 

16 means a member of a civilian or military fire depart17 ment or volunteer fire organization who is qualified 

18 to respond to and extinguish fires. 

19 ‘‘(2) HEIR.—The term ‘heir’ means, in relation 

20 to a deceased individual, an individual who, at the 

21 time of death of the deceased individual, was a 

22 spouse, parent, child, grandchild, or sibling of the 

23 deceased individual. 

24 ‘‘(3) PFAS.—The term ‘PFAS’ means per- and 

25 polyfluoroalkyl substances. 

26 ‘‘(4) PFAS-RELATED HEALTH CONDITION.— 


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1 ‘‘(A) IN GENERAL.—The term ‘PFAS-re2 lated health condition’ means an illness or 

3 health condition for which exposure to PFAS is 

4 likely to be a significant factor in aggravating, 

5 contributing to, or causing the illness or health 

6 condition, including— 

7 ‘‘(i) cancers of the kidney, testicle, 

8 liver, prostate, bladder, pancreas, breast, 

9 colon, and ovary; 

10 ‘‘(ii) thyroid diseases; 

11 ‘‘(iii) ulcerative colitis; and 

12 ‘‘(iv) any other illness or health condi13 tion, as the Secretary determines appro14 priate. 

15 ‘‘(B) ADVISORY PANEL.— 

16 ‘‘(i) ESTABLISHMENT.—The Secretary 

17 shall establish an advisory panel of individ18 uals with appropriate expertise to advise 

19 the Secretary on which other illnesses or 

20 health conditions should be considered 

21 PFAS-related health conditions under sub22 paragraph (A)(iv). 

23 ‘‘(ii) RECOMMENDATIONS REGARDING

24 SPECIFIC CLAIMS.—For each claim sub25 mitted under subsection (b)(1) with respect 


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1 to an illness or health condition not listed 

2 in clauses (i) through (iii) of subparagraph 

3 (A), or previously determined by the Sec4 retary to be a PFAS-related health condi5 tion under clause (iv) of such subpara6 graph, the advisory panel established under 

7 clause (i) shall, not later than 90 days 

8 after the submission of such claim, submit 

9 to the Secretary a recommendation on 

10 whether the illness or health condition 

11 should be considered a PFAS-related 

12 health condition. 

13 ‘‘(iii) TERMINATION.—Section 

14 1013(a)(2) of title 5, United States Code, 

15 (relating to the termination of advisory 

16 committees) shall not apply to the advisory 

17 panel established under clause (i). 

18 ‘‘SEC. 3405. FUNDING. 

19 ‘‘(a) COMPENSATION PAID ONLY FROM PFAS 

20 TRUST FUND.—Compensation under this title may be 

21 awarded only from amounts in the PFAS Trust Fund es22 tablished under section 9512 of the Internal Revenue Code 

23 of 1986. 

24 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR AD25 MINISTRATIVE COSTS.—There is authorized to be approVerDate Sep 11 2014 04:28 Apr 09, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H7788.IH H7788

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1 priated for the costs of administering and carrying out 

2 this title such sums as may be necessary for each of fiscal 

3 years 2025 through 2029.’’. 

4 SEC. 3. PFAS TRUST FUND. 

5 (a) IN GENERAL.—Subchapter A of Chapter 98 of 

6 the Internal Revenue Code of 1986 is amended by adding 

7 at the end the following new section: 

8 ‘‘SEC. 9512. PFAS TRUST FUND. 

9 ‘‘(a) CREATION OF TRUST FUND.—There is hereby 

10 established in the Treasury of the United States a trust 

11 fund to be known as the PFAS Trust Fund, consisting 

12 of such amounts as may be appropriated or credited to 

13 such Trust Fund as provided in this section or section 

14 9602(b). 

15 ‘‘(b) TRANSFER TO TRUST FUND OF AMOUNTS

16 EQUIVALENT TO CERTAIN TAXES AND CONTRIBU17 TIONS.—There are hereby appropriated to the PFAS 

18 Trust Fund amounts equivalent to— 

19 ‘‘(1) the taxes received in the Treasury under 

20 sections 4191 and 5000E; and 

21 ‘‘(2) the contributions accepted by the Sec22 retary of Health and Human Services under sub23 section (c). 

24 ‘‘(c) CONTRIBUTIONS.—The Secretary of Health and 

25 Human Services may accept contributions to the PFAS 


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1 Trust Fund under such terms and conditions as the Sec2 retary determines appropriate. 

3 ‘‘(d) EXPENDITURES FROM TRUST FUND.— 

4 Amounts in the PFAS Trust Fund shall be available with5 out further appropriation to the Secretary of Health and 

6 Human Services to provide compensation through the 

7 Firefighter PFAS Injury Compensation Program under 

8 title XXXIV of the Public Health Service Act.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 for subchapter A of chapter 98 of such Code is amended 

11 by adding at the end the following new item: 

‘‘Sec. 9512. PFAS Trust Fund.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this Act shall apply to amounts received after the date 

14 of the enactment of this Act. 

15 SEC. 4. PFAS MANUFACTURER’S EXCISE TAX. 

16 (a) IN GENERAL.—Chapter 32 of subtitle D of the 

17 Internal Revenue Code of 1986 is amended by inserting 

18 the following new section after subchapter D: 

19 ‘‘Subchapter E—PFAS 

‘‘Sec. 4191. PFAS excise tax. 

20 ‘‘SEC. 4191. PFAS EXCISE TAX. 

21 ‘‘(a) IN GENERAL.—There is hereby imposed on 

22 PFAS products sold by the manufacturer, producer, or 

23 importer thereof a tax equal to 10 percent of the price 

24 for which so sold. 


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1 ‘‘(b) DEFINITIONS.—For purposes of this section: 

2 ‘‘(1) PFAS.—The term ‘PFAS’ means per- and 

3 polyflouroalkyl substances. 

4 ‘‘(2) PFAS PRODUCTS.—The term ‘PFAS 

5 products’ means any product containing PFAS, in6 cluding firefighter gear containing PFAS.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sub8 chapters for chapter 32 of subtitle D of such Code is 

9 amended by inserting after the item relating to subchapter 

10 D the following new item: 

‘‘Subchapter E. PFAS’’. 

11 (c) EFFECTIVE DATE.—The amendment made by 

12 this section shall apply to products sold after the date of 

13 the enactment of this Act. 

14 SEC. 5. PFAS LITIGATION EXCISE TAX. 

15 (a) IN GENERAL.—Subtitle D of the Internal Rev16 enue Code of 1986 is amended by adding at the end the 

17 following new chapter: 

18 ‘‘CHAPTER 50B—PFAS LITIGATION 

‘‘Sec. 5000E. PFAS litigation excise tax. 

19 ‘‘SEC. 5000E. PFAS LITIGATION EXCISE TAX. 

20 ‘‘(a) IN GENERAL.—There is hereby imposed a tax 

21 on any taxpayer that pays a qualifying PFAS litigation 

22 award during the taxable year in an amount equal to 10 

23 percent of the present value of such award. 


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1 ‘‘(b) QUALIFYING PFAS LITIGATION AWARD.—For 

2 purposes of this section, the term ‘qualifying PFAS litiga3 tion award’ means a payment made pursuant to any final 

4 court order or settlement to compensate any person for 

5 harm suffered as a result of exposure to PFAS (as defined 

6 in section 4191) other than a claim for personal injury.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 this section shall apply to payments paid or incurred after 

9 the date of the enactment of this section. 

10 SEC. 6. BUDGETARY EFFECTS. 

11 (a) STATUTORY PAYGO SCORECARDS.—The budg12 etary effects of this Act and the amendments made by this 

13 Act shall not be entered on either PAYGO scorecard main14 tained pursuant to section 4(d) of the Statutory Pay As15 You-Go Act of 2010. 

16 (b) SENATE PAYGO SCORECARDS.—The budgetary 

17 effects of this Act and the amendments made by this Act 

18 shall not be entered on any PAYGO scorecard maintained 

19 for purposes of section 4106 of H. Con. Res. 71 (115th 

20 Congress). 

Æ 


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