II 

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. 

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. 

Sec. 3. PFAS Trust Fund. 

Sec. 4. Excise tax on PFAS manufacturers. 


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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 

22 ‘‘(B) by presenting any additional evi23 dence, including witness testimony and sup24 porting documents, alongside such claim form. 


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1 ‘‘(2) CLAIM FORM.—The Secretary shall de2 velop a claim form that requests the following infor3 mation: 

4 ‘‘(A) Information concerning any PFAS-re5 lated health condition of the firefighter in rela6 tion to whom the eligible claimant seeks com7 pensation, including— 

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

9 condition by a physician; and 

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

11 ‘‘(B) The years of service of such fire12 fighter. 

13 ‘‘(C) A description of any special cir14 cumstances that may support a more substan15 tial award. 

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

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

18 period beginning on the date on which the regula19 tions are promulgated as final under section 3403 

20 and ending on the later of— 

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

22 on which such regulations are promulgated as 

23 final; and 


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

2 of death of the firefighter in relation to whom 

3 the eligible claimant seeks compensation. 

4 ‘‘(c) ELIGIBLE CLAIMANT.— 

5 ‘‘(1) IN GENERAL.—A person is eligible to sub6 mit a claim under the Program only if such per7 son— 

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

9 more years; and 

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

11 a PFAS-related health condition; or 

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

13 who meets the requirements of subparagraph 

14 (A)— 

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

16 of such firefighter; or 

17 ‘‘(ii) in the case that the claim is sub18 mitted before the date on which the estate 

19 of such firefighter is opened— 

20 ‘‘(I) is an adult heir of such fire21 fighter; and 

22 ‘‘(II) is represented by counsel. 

23 ‘‘(2) CLAIMS FROM MULTIPLE ADULT HEIRS

24 PROHIBITED.—If more than 1 adult heir described 

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


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1 firefighter before the date on which the estate of 

2 such firefighter is opened, all such adult heirs shall 

3 cease to be eligible claimants. In such case, the eligi4 ble claimant shall be the administrator of the fire5 fighter’s estate under paragraph (1)(B)(i). 

6 ‘‘(d) REVIEW OF CLAIMS.— 

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

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

9 ‘‘(A) determine whether the firefighter suf10 fered a PFAS-related health condition; and 

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

12 date on which the claim is submitted— 

13 ‘‘(i) determine the amount of com14 pensation (if any) to award to the eligible 

15 claimant, as described in subsection (e); 

16 and 

17 ‘‘(ii) provide to the eligible claimant 

18 written notice of such determination. 

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

20 under paragraph (1), the Secretary— 

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

22 health condition of a firefighter was caused by 

23 exposure to PFAS during the firefighting activi24 ties of such firefighter; and 


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

2 other theory of liability or defense thereto. 

3 ‘‘(3) RIGHTS OF ELIGIBLE CLAIMANT.—An eli4 gible claimant in a review under paragraph (1) shall 

5 have the right to be represented by an attorney. 

6 ‘‘(e) AMOUNT OF COMPENSATION.— 

7 ‘‘(1) IN GENERAL.—The amount of compensa8 tion described in subsection (d)(1)(B)(i) is the base 

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

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

11 as modified by any special circumstances (as the 

12 Secretary determines appropriate). 

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

14 the base award described in this paragraph is— 

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

16 condition that is a cancer; and 

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

18 condition that is not a cancer. 

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

20 described in this paragraph is— 

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

22 fewer than 5 years of service; 

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

24 fewer than 7 years of service; 


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

2 fewer than 10 years of service; and 

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

4 years of service. 

5 ‘‘(4) INFLATION ADJUSTMENTS.—The Sec6 retary may adjust the base award described in para7 graph (2) to account for any inflation or deflation 

8 occurring after the date of enactment of the Fire9 fighter PFAS Injury Compensation Act of 2024. 

10 ‘‘(5) NO PUNITIVE DAMAGES; NO CONSIDER11 ATION OF FUNDING AVAILABILITY.—In determining 

12 the amount of compensation described in subsection 

13 (d)(1)(B)(i), the Secretary— 

14 ‘‘(A) may not include any punitive dam15 ages; and 

16 ‘‘(B) may not consider the amounts avail17 able in the PFAS Trust Fund under section 

18 9512 of the Internal Revenue Code of 1986. 

19 ‘‘(f) LIMITATIONS ON CLAIMS.— 

20 ‘‘(1) ONLY 1 CANCER AND 1 NONCANCER CON21 DITION.—An eligible claimant may receive com22 pensation under the Program only with respect to 1 

23 PFAS-related health condition that is a cancer and 

24 1 PFAS-related health condition that is not a can25 cer. 


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

2 be submitted under the Program with respect to any 

3 firefighter, but a single claim may include multiple 

4 PFAS-related health conditions, and claims may be 

5 amended and supplemented. 

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

7 ‘‘(1) IN GENERAL.—An eligible claimant ag8 grieved by a determination of the Secretary with re9 spect to a claim of such eligible claimant under the 

10 Program may appeal such determination to the 

11 United States Court of Federal Claims. 

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

13 Court of Federal Claims shall review any determina14 tion appealed under paragraph (1) using a de novo 

15 standard of review. 

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

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

18 claimant may provide additional evidence, including 

19 witness testimony and supporting documents, irre20 spective of whether such evidence was provided in 

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

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

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

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

25 is made by the Secretary regarding the amount of comVerDate Sep 11 2014 21:36 Apr 05, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4013.IS S4013

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1 pensation to award an eligible claimant under the Pro2 gram, the Secretary shall pay to such eligible claimant 

3 such amount from the PFAS Trust Fund under section 

4 9512 of the Internal Revenue Code of 1986. 

5 ‘‘(b) LIMITATIONS.— 

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

7 establish a system for providing compensation for 

8 claims in accordance with this subsection and section 

9 3401. 

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

11 ‘‘(A) DEVELOPMENT.— 

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

13 days after the date of enactment of the 

14 Firefighter PFAS Injury Compensation 

15 Act of 2024, the Secretary shall develop 

16 agency policies and procedures that meet 

17 the requirements described in clauses (ii) 

18 and (iii) for providing compensation for 

19 claims. 

20 ‘‘(ii) NO EXCEEDING AMOUNTS IN

21 FUND.—The policies and procedures devel22 oped under clause (i) shall ensure that 

23 total obligations and expenditures in pro24 viding compensation for claims do not ex25 ceed the amounts appropriated to the 


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1 PFAS Trust Fund under section 9512 of 

2 the Internal Revenue Code of 1986. 

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

4 procedures developed under clause (i) shall 

5 include a process for prorating payments 

6 when funding is deficient and for 

7 supplementing the prorated payments as 

8 funding becomes available consistent with 

9 paragraph (3). 

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

11 year after the date of enactment of the Fire12 fighter PFAS Injury Compensation Act of 

13 2024, and annually thereafter, the Secretary 

14 shall conduct a reassessment of the agency poli15 cies and procedures developed under subpara16 graph (A) to ensure that such policies and pro17 cedures continue to satisfy the requirements de18 scribed in clauses (ii) and (iii) of such subpara19 graph. If the Secretary determines, upon reas20 sessment, that such agency policies or proce21 dures do not achieve the requirements of such 

22 clauses, the Secretary shall take additional ac23 tions or make such modifications as necessary 

24 to achieve such requirements. 


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1 ‘‘(3) ADJUSTMENT FOR DELAYED PAYMENT

2 DUE TO INSUFFICIENT FUNDING.— 

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

4 which the Secretary advises the eligible claim5 ant that the amount of compensation to be paid 

6 has been reduced on the basis of insufficient 

7 funding, the Secretary shall, in the first fiscal 

8 year beginning after sufficient funding becomes 

9 available, pay to the eligible claimant the un10 paid amount plus 6 percent interest per annum 

11 on such unpaid amount. 

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

13 ‘‘(i) INSUFFICIENT FUNDING.—The 

14 term ‘insufficient funding’ means funding 

15 that the Secretary determines is insuffi16 cient for purposes of compensating all 

17 claims under the Program. 

18 ‘‘(ii) SUFFICIENT FUNDING.—The 

19 term ‘sufficient funding’ means funding 

20 that the Secretary determines is sufficient 

21 for purposes of compensating all claims 

22 under the Program. 

23 ‘‘(iii) UNPAID AMOUNT.—The term 

24 ‘unpaid amount’ means the amount of ad25 ditional compensation the eligible claimant 


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1 would have been paid under the Program 

2 if sufficient funding had been available. 

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

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

5 a creditor of any deceased firefighter with respect to 

6 whom such compensation was paid. 

7 ‘‘(c) ATTORNEYS’ FEES.— 

8 ‘‘(1) MAXIMUM PERCENTAGE.—Notwith9 standing any contract, attorneys’ fees for services 

10 rendered in obtaining compensation under the Pro11 gram (including an appeal under section 3401(g)) 

12 may not exceed the highest percentage permitted 

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

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

15 demands, receives, or collects for services rendered 

16 in connection with obtaining compensation under the 

17 Program any amount in excess of that allowed under 

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

19 to the penalties provided in such section 2678. 

20 ‘‘SEC. 3403. REGULATIONS. 

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

22 of this title, the Secretary shall promulgate regulations to 

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

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

25 under section 3401(b)(2); 


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1 ‘‘(2) procedures for hearing and the presen2 tation of evidence; 

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

4 and pursuing a claim under this title; and 

5 ‘‘(4) other matters determined appropriate by 

6 the Secretary. 

7 ‘‘SEC. 3404. DEFINITIONS. 

8 ‘‘In this title: 

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

10 means a member of a civilian or military fire depart11 ment or volunteer fire organization who is qualified 

12 to respond to and extinguish fires. 

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

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

15 time of death of the deceased individual, was a 

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

17 deceased individual. 

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

19 polyfluoroalkyl substances. 

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

21 ‘‘(A) IN GENERAL.—The term ‘PFAS-re22 lated health condition’ means an illness or 

23 health condition for which exposure to PFAS is 

24 likely to be a significant factor in aggravating, 


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1 contributing to, or causing the illness or health 

2 condition, including— 

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

4 liver, prostate, bladder, pancreas, breast, 

5 colon, and ovary; 

6 ‘‘(ii) thyroid diseases; 

7 ‘‘(iii) ulcerative colitis; and 

8 ‘‘(iv) any other illness or health condi9 tion, as the Secretary determines appro10 priate. 

11 ‘‘(B) ADVISORY PANEL.— 

12 ‘‘(i) ESTABLISHMENT.—The Secretary 

13 shall establish an advisory panel of individ14 uals with appropriate expertise to advise 

15 the Secretary on which other illnesses or 

16 health conditions should be considered 

17 PFAS-related health conditions under sub18 paragraph (A)(iv). 

19 ‘‘(ii) RECOMMENDATIONS REGARDING

20 SPECIFIC CLAIMS.—For each claim sub21 mitted under subsection (b)(1) with respect 

22 to an illness or health condition not listed 

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

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1 tion under clause (iv) of such subpara2 graph, the advisory panel established under 

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

4 after the submission of such claim, submit 

5 to the Secretary a recommendation on 

6 whether the illness or health condition 

7 should be considered a PFAS-related 

8 health condition. 

9 ‘‘(iii) TERMINATION.—Section 

10 1013(a)(2) of title 5, United States Code, 

11 (relating to the termination of advisory 

12 committees) shall not apply to the advisory 

13 panel established under clause (i). 

14 ‘‘SEC. 3405. FUNDING. 

15 ‘‘(a) COMPENSATION PAID ONLY FROM PFAS 

16 TRUST FUND.—Compensation under this title may be 

17 awarded only from amounts in the PFAS Trust Fund es18 tablished under section 9512 of the Internal Revenue Code 

19 of 1986. 

20 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR AD21 MINISTRATIVE COSTS.—There is authorized to be appro22 priated for the costs of administering and carrying out 

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

24 years 2025 through 2029.’’. 


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1 SEC. 3. PFAS TRUST FUND. 

2 (a) IN GENERAL.—Subchapter A of chapter 98 of the 

3 Internal Revenue Code of 1986 is amended by adding at 

4 the end the following new section: 

5 ‘‘SEC. 9512. PFAS TRUST FUND. 

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

7 established in the Treasury of the United States a trust 

8 fund to be known as the ‘PFAS Trust Fund’, consisting 

9 of such amounts as may be appropriated or credited to 

10 such Trust Fund as provided in this section or section 

11 9602(b). 

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

13 EQUIVALENT TO CERTAIN TAXES AND CONTRIBU14 TIONS.—There are hereby appropriated to the PFAS 

15 Trust Fund amounts equivalent to— 

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

17 sections 4191 and 5000E, and 

18 ‘‘(2) the contributions accepted by the Sec19 retary of Health and Human Services under sub20 section (c). 

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

22 Human Services may accept contributions to the PFAS 

23 Trust Fund under such terms and conditions as the Sec24 retary determines appropriate. 

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

26 Amounts in the PFAS Trust Fund shall be available, 


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1 without further appropriation, to the Secretary of Health 

2 and Human Services to provide compensation through the 

3 Firefighter PFAS Injury Compensation Program under 

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

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

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

7 by adding at the end the following new item: 

‘‘Sec. 9512. PFAS Trust Fund.’’. 

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

9 this section shall apply to amounts received after the date 

10 of the enactment of this Act. 

11 SEC. 4. EXCISE TAX ON PFAS MANUFACTURERS. 

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

13 Internal Revenue Code of 1986 is amended by inserting 

14 after subchapter D the following new subchapter: 

15 ‘‘Subchapter E—PFAS 

‘‘Sec. 4191. PFAS excise tax. 

16 ‘‘SEC. 4191. PFAS EXCISE TAX. 

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

18 PFAS products sold by the manufacturer, producer, or 

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

20 for which so sold. 

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

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

23 polyflouroalkyl substances. 


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

2 products’ means any product containing PFAS, in3 cluding firefighter gear containing PFAS.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sub5 chapters for chapter 32 of subtitle D of such Code is 

6 amended by inserting after the item relating to subchapter 

7 D the following new item: 

‘‘Subchapter E. PFAS’’. 

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

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

10 the enactment of this Act. 

11 SEC. 5. PFAS LITIGATION EXCISE TAX. 

12 (a) IN GENERAL.—Subtitle D of the Internal Rev13 enue Code of 1986 is amended by adding at the end the 

14 following new chapter: 

15 ‘‘CHAPTER 50B—PFAS LITIGATION 

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

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

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

18 on any taxpayer that pays a qualifying PFAS litigation 

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

20 percent of the present value of such award. 

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

22 purposes of this section, the term ‘qualifying PFAS litiga23 tion award’ means a payment made pursuant to any final 

24 court order or settlement to compensate any person for 


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

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

3 (b) CLERICAL AMENDMENT.—The table of chapters 

4 for subtitle D of the Internal Revenue Code of 1986 is 

5 amended by adding at the end the following new item: 

‘‘CHAPTER 50B—PFAS LITIGATION’’. 

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

7 this section shall apply to payments paid or incurred after 

8 the date of the enactment of this section. 

9 SEC. 6. BUDGETARY EFFECTS. 

10 (a) STATUTORY PAYGO SCORECARDS.—The budg11 etary effects of this Act and the amendments made by this 

12 Act shall not be entered on either PAYGO scorecard main13 tained pursuant to section 4(d) of the Statutory Pay As14 You-Go Act of 2010. 

15 (b) SENATE PAYGO SCORECARDS.—The budgetary 

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

17 shall not be entered on any PAYGO scorecard maintained 

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

19 Congress). 

Æ 


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