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[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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