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 provisions 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. 

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. 

4 This Act may be cited as the ‘‘Protecting Firefighters 

5 from PFAS Act’’. 


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1 SEC. 2. PFAS AT FIRE TRAINING FACILITIES. 

2 Section 203(e)(1)(B) of the Robert T. Stafford Dis3 aster Relief and Emergency Assistance Act (42 U.S.C. 

4 5133(e)(1)(B)) is amended— 

5 (1) in clause (iii), by striking ‘‘or’’; 

6 (2) in clause (iv), by striking the period at the 

7 end and inserting ‘‘; or’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(v) to remediate per- and polyfluoro10 alkyl substances at fire training facilities.’’. 

11 SEC. 3. GUARANTEEING EQUIPMENT SAFETY FOR FIRE12 FIGHTERS. 

13 (a) NATIONAL INSTITUTE OF STANDARDS AND

14 TECHNOLOGY STUDY ON PER- AND POLYFLUOROALKYL

15 SUBSTANCES IN PERSONAL PROTECTIVE EQUIPMENT

16 WORN BY FIREFIGHTERS.— 

17 (1) IN GENERAL.—Not later than 90 days after 

18 the date of the enactment of this Act, the Director 

19 of the National Institute of Standards and Tech20 nology shall, in consultation with the Director of the 

21 National Institute for Occupational Safety and 

22 Health, commence a study of the contents and com23 position of new and unused personal protective 

24 equipment worn by firefighters. 

25 (2) CONTENTS OF STUDY.—In carrying out the 

26 study required by paragraph (1), the Director of the 


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1 National Institute of Standards and Technology 

2 shall examine— 

3 (A) the identity, prevalence, and concentra4 tion of per- and polyfluoroalkyl substances 

5 (commonly known as ‘‘PFAS’’) in the personal 

6 protective equipment worn by firefighters; 

7 (B) the conditions and extent to which per8 and polyfluoroalkyl substances are released into 

9 the environment over time from the degradation 

10 of personal protective equipment from normal 

11 use by firefighters; and 

12 (C) the relative risk of exposure to per13 and polyfluoroalkyl substances faced by fire14 fighters from— 

15 (i) their use of personal protective 

16 equipment; and 

17 (ii) degradation of personal protective 

18 equipment from normal use by firefighters. 

19 (3) REPORT.—Not later than 1 year after the 

20 date of the enactment of this Act, the Director shall 

21 submit to Congress a report describing— 

22 (A) the findings of the Director with re23 spect to the study carried out under paragraph 

24 (1); and 


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1 (B) recommendations on what additional 

2 research or technical improvements to personal 

3 protective equipment materials or components 

4 should be pursued to avoid unnecessary occupa5 tional exposure among firefighters to per- and 

6 polyfluoroalkyl substances through personal 

7 protective equipment. 

8 (b) RESEARCH ON PER- AND POLYFLUOROALKYL

9 SUBSTANCES IN PERSONAL PROTECTIVE EQUIPMENT

10 WORN BY FIREFIGHTERS.— 

11 (1) IN GENERAL.—Not later than 540 days 

12 after the date of the enactment of this Act, the Di13 rector of the National Institute of Standards and 

14 Technology shall— 

15 (A) issue a solicitation for research pro16 posals to carry out the research recommenda17 tions identified in the report submitted under 

18 subsection (a)(3); and 

19 (B) award grants to applicants that submit 

20 research proposals to develop safe alternatives 

21 to per- and polyfluoroalkyl substances in per22 sonal protective equipment. 

23 (2) CRITERIA.—The Director shall select re24 search proposals to receive a grant under paragraph 

25 (1) on the basis of merit, using criteria identified by 


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1 the Director, including the likelihood that the re2 search results will address the findings of the Direc3 tor with respect to the study conducted under sub4 section (a)(1). 

5 (3) ELIGIBLE ENTITIES.—Any entity or group 

6 of two or more entities may submit to the Director 

7 a research proposal in response to the solicitation for 

8 research proposals under paragraph (1), including— 

9 (A) State and local agencies; 

10 (B) public institutions, including public in11 stitutions of higher education; 

12 (C) private corporations; and 

13 (D) nonprofit organizations. 

14 (4) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to the Direc16 tor to carry out this subsection up to $5,000,000 for 

17 each of the 3 fiscal years beginning with the first 

18 full fiscal year following the date of enactment of 

19 this Act. 

20 (c) AUTHORITY FOR DIRECTOR OF THE NATIONAL

21 INSTITUTE OF STANDARDS AND TECHNOLOGY TO CON22 SULT WITH EXPERTS ON MATTERS RELATING TO PER23 AND POLYFLUOROALKYL SUBSTANCES.—In carrying out 

24 this section, the Director of the National Institute of 

25 Standards and Technology may consult with Federal 


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1 agencies, nongovernmental organizations, State and local 

2 governments, and science and research institutions deter3 mined by the Director to have scientific or material inter4 est in reducing unnecessary occupational exposure to per5 and polyfluoroalkyl substances by firefighters. 

6 SEC. 4. HOSPITAL CARE AND MEDICAL SERVICES FOR VET7 ERANS AND DEPENDENTS EXPOSED TO PER8 FLUOROOCTANOIC ACID AND OTHER PER9 AND POLYFLUOROALKYL SUBSTANCES. 

10 (a) HOSPITAL CARE AND MEDICAL SERVICES FOR

11 VETERANS.— 

12 (1) IN GENERAL.—Paragraph (1) of section 

13 1710(e) of title 38, United States Code, is amended 

14 by adding at the end the following new subpara15 graph: 

16 ‘‘(G)(i) Beginning on the date that is 90 

17 days after the date of the enactment of this 

18 subparagraph, subject to paragraph (2), a vet19 eran who served on active duty in the Armed 

20 Forces at a covered military installation at 

21 which individuals were exposed to substances 

22 specified in clause (ii) is eligible for hospital 

23 care and medical services under subsection 

24 (a)(2)(F) for the diseases, illnesses, or condi25 tions as specified in such clause, notwithVerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687

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1 standing that there is insufficient medical evi2 dence to conclude that such illness or condition 

3 is attributable to such service. 

4 ‘‘(ii) The substances and diseases, ill5 nesses, or conditions specified in this clause are 

6 the following: 

7 ‘‘(I) With respect to exposure to per8 fluorooctanoic acid— 

9 ‘‘(aa) diagnosed high cholesterol; 

10 ‘‘(bb) ulcerative colitis; 

11 ‘‘(cc) thyroid disease; 

12 ‘‘(dd) testicular cancer; 

13 ‘‘(ee) kidney cancer; and 

14 ‘‘(ff) pregnancy-induced hyper15 tension. 

16 ‘‘(II) With respect to exposure to 

17 other per- and polyfluoroalkyl substances, 

18 any disease, illness, or condition that the 

19 Secretary of Veterans Affairs, in consulta20 tion with the Administrator of the Agency 

21 for Toxic Substances and Disease Registry 

22 of the Department of Health and Human 

23 Services, determines pursuant to the study 

24 conducted under section 316 of the Na25 tional Defense Authorization Act for Fiscal 


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1 Year 2018 (Public Law 115–91) that a 

2 positive association exists between exposure 

3 to per- and polyfluoroalkyl substances and 

4 such disease, illness, or condition. 

5 ‘‘(iii) For purposes of this subparagraph— 

6 ‘‘(I) any service by a veteran as a 

7 member of the reserve components for a 

8 period specified by the Secretary at a cov9 ered military installation at which individ10 uals were exposed, or suspected to be ex11 posed, to substances specified in clause (ii) 

12 shall be treated as active duty service, not13 withstanding section 101(21) of this title; 

14 and 

15 ‘‘(II) any service by a veteran as a ci16 vilian firefighter for a period specified by 

17 the Secretary at a covered military instal18 lation at which individuals were exposed, 

19 or suspected to be exposed, to substances 

20 specified in clause (ii) shall be treated as 

21 active duty service at such installation, re22 gardless of whether such service occurs 

23 after the date on which the veteran was 

24 discharged or released from the Armed 


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1 Forces, notwithstanding section 101(21) of 

2 this title. 

3 ‘‘(iv) In this subparagraph, the term ‘cov4 ered military installation’ means a military in5 stallation at which individuals were exposed to 

6 perfluorooctanoic acid or other per- and 

7 polyfluoroalkyl substances, including exposure 

8 through a well that provides water for human 

9 consumption that is contaminated with such 

10 substances.’’. 

11 (2) LIMITATION.—Paragraph (2)(B) of such 

12 section is amended by striking ‘‘or (F)’’ and insert13 ing ‘‘(F), or (G)’’. 

14 (b) CIVILIAN FIREFIGHTERS AND FAMILY MEMBERS

15 OF VETERANS.— 

16 (1) IN GENERAL.—Subchapter VIII of chapter 

17 17 is amended by adding at the end the following 

18 new section: 

19 ‘‘§ 1787A. Health care of civilian firefighters and fam20 ily members of veterans stationed at cer21 tain military installations 

22 ‘‘(a) IN GENERAL.—(1) Beginning on the date that 

23 is 90 days after the date of the enactment of this section, 

24 subject to subsection (b), an individual described in para25 graph (2) shall be eligible for hospital care and medical 


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1 services furnished by the Secretary for any disease, illness, 

2 or condition for which a veteran may receive hospital care 

3 and medical services under section 1710(e)(1)(G)(ii) of 

4 this title, notwithstanding that there is insufficient med5 ical evidence to conclude that such disease, illness, or con6 dition is proximately caused, as the case may be, by— 

7 ‘‘(A) the location of the residence as specified 

8 in paragraph (2)(A); or 

9 ‘‘(B) the nature of the service as a firefighter 

10 as specified in paragraph (2)(B). 

11 ‘‘(2) An individual described in this paragraph is any 

12 of the following: 

13 ‘‘(A) A family member of a veteran described in 

14 clause (i) of section 1710(e)(1)(G) of this title (or 

15 who would be so described but for the condition by 

16 which the individual was discharged or released from 

17 the Armed Forces) who resided at a military instal18 lation covered by such clause or who was in utero 

19 while the mother of such family member resided at 

20 such location. 

21 ‘‘(B) An employee of the Federal Government 

22 who— 

23 ‘‘(i) served as a civilian firefighter at such 

24 a military installation; and 


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1 ‘‘(ii) is not covered by such section 

2 1710(e)(1)(G). 

3 ‘‘(b) LIMITATIONS.—(1) The Secretary may only fur4 nish hospital care and medical services under subsection 

5 (a) to the extent and in the amount provided in advance 

6 in appropriations Acts for such purpose. 

7 ‘‘(2) Hospital care and medical services may not be 

8 furnished under subsection (a) for a disease, illness, or 

9 condition of an individual that is found, in accordance with 

10 guidelines issued by the Under Secretary for Health, to 

11 have resulted from a cause other than the residence or 

12 employment of the individual as specified in that sub13 section. 

14 ‘‘(3) The Secretary may provide reimbursement for 

15 hospital care or medical services provided to an individual 

16 under this section only after the individual or the provider 

17 of such care or services has exhausted without success all 

18 claims and remedies reasonably available to the individual 

19 or provider against a third party (as defined in section 

20 1725(f) of this title) for payment of such care or services, 

21 including with respect to health-plan contracts (as defined 

22 in such section).’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such chapter is amended 


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1 by inserting after the item relating to section 1787 

2 the following new item: 

‘‘1787A. Health care of civilian firefighters and family members of veterans stationed at certain military installations.’’. 

3 (c) ANNUAL REPORTS.— 

4 (1) IN GENERAL.—During the three-year period 

5 beginning in the year in which the study conducted 

6 under section 316 of the National Defense Author7 ization Act for Fiscal Year 2018 (Public Law 115– 

8 91) is submitted to Congress, the Secretary of Vet9 erans Affairs shall submit to the Committee on Vet10 erans’ Affairs of the Senate and the Committee on 

11 Veterans’ Affairs of the House of Representatives an 

12 annual report on the care and services provided 

13 under sections 1710(e)(1)(G) and 1787A of title 38, 

14 United States Code (as added by subsections (a) and 

15 (b)(1), respectively). 

16 (2) ELEMENTS.—Each report under paragraph 

17 (1) shall set forth the following: 

18 (A) The number of veterans, civilian fire19 fighters, and family members provided hospital 

20 care and medical services under the provisions 

21 of law specified in paragraph (1) during the pe22 riod covered by the report. 

23 (B) The illnesses, conditions, and disabil24 ities for which care and services have been proVerDate Sep 11 2014 22:23 Aug 08, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7687.IH H7687

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1 vided such veterans, civilian firefighters, and 

2 family members under such provisions of law 

3 during that period. 

4 (C) The number of veterans, civilian fire5 fighters, and family members who applied for 

6 care and services under such provisions of law 

7 during that period but were denied, including 

8 information on the reasons for such denials. 

9 (D) The number of veterans, civilian fire10 fighters, and family members who applied for 

11 care and services under such provisions of law 

12 and are awaiting a decision from the Secretary 

13 on eligibility for such care and services as of 

14 the date of such report. 

15 (3) VETERAN DEFINED.—In this subsection, 

16 the term ‘‘veteran’’ includes a former member of the 

17 reserve components of the Armed Forces covered by 

18 such section 1710(e)(1)(G). 

19 SEC. 5. PRESUMPTION OF SERVICE CONNECTION FOR CER20 TAIN VETERANS EXPOSED TO PERFLUORO21 OCTANOIC ACID OR OTHER PER- AND POLY22 FLUOROALKYL SUBSTANCES. 

23 (a) IN GENERAL.—Chapter 11 of title 38, United 

24 States Code, is amended by inserting after section 1116 

25 the following new section: 


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1 ‘‘§ 1116A. Presumption of service connection for cer2 tain veterans exposed to perfluorooctano3 ic acid or other per- and polyfluoroalkyl 

4 substances 

5 ‘‘(a) PRESUMPTION OF SERVICE CONNECTION.—(1) 

6 For the purposes of section 1110 of this title, and subject 

7 to section 1113 of this title, each disease or illness speci8 fied in subsection (b) that becomes manifest in a veteran 

9 described in paragraph (2) shall be considered to have 

10 been incurred or aggravated in the line of duty in the ac11 tive military, naval, or air service, notwithstanding that 

12 there is no record of evidence of such disease or illness 

13 during the period of such service. 

14 ‘‘(2) A veteran described in this paragraph is a vet15 eran who, during active military, naval, or air service, 

16 served at a military installation at which individuals were 

17 exposed to perfluorooctanoic acid or other per- and 

18 polyfluoroalkyl substances, including exposure through a 

19 well that provides water for human consumption that is 

20 contaminated with such substances. 

21 ‘‘(b) DISEASES OR ILLNESSES.—A disease or illness 

22 specified in this subsection is any of the following: 

23 ‘‘(1) With respect to exposure to perfluoroocta24 noic acid— 

25 ‘‘(A) diagnosed high cholesterol; 

26 ‘‘(B) ulcerative colitis; 


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1 ‘‘(C) thyroid disease; 

2 ‘‘(D) testicular cancer; 

3 ‘‘(E) kidney cancer; and 

4 ‘‘(F) pregnancy-induced hypertension. 

5 ‘‘(2) With respect to exposure to other per- and 

6 polyfluoroalkyl substances, any other disease, illness, 

7 or condition that the Secretary of Veterans Affairs, 

8 in consultation with the Administrator of the Agency 

9 for Toxic Substances and Disease Registry of the 

10 Department of Health and Human Services, deter11 mines pursuant to the study conducted under section 

12 316 of the National Defense Authorization Act for 

13 Fiscal Year 2018 (Public Law 115–91) that a posi14 tive association exists between exposure to per- and 

15 polyfluoroalkyl substances and such disease or ill16 ness. 

17 ‘‘(c) ACTIVE MILITARY, NAVAL, OR AIR SERVICE.— 

18 For purposes of this section, any service by a member of 

19 the reserve components for a period specified by the Sec20 retary at a military installation described in subsection 

21 (a)(2) shall be treated as active military, naval, or air serv22 ice, notwithstanding section 101(24) of this title.’’. 

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

24 at the beginning of such chapter is amended by inserting 


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1 after the item relating to section 1116 the following new 

2 item: 

‘‘1116A. Presumption of service connection for certain veterans exposed to 

perfluorooctanoic acid or other per- and polyfluoroalkyl substances.’’. 

Æ 


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