I 

116TH CONGRESS 

1ST SESSION H. R. 2102 

To amend title 38, United States Code, to furnish hospital care and medical 

services to veterans and dependents who were stationed at military installations at which the veterans and dependents were exposed to 

perfluorooctanoic acid or other per- and polyfluoroalkyl substances, to 

provide for a presumption of service connection for certain veterans 

who were stationed at military installations at which the veterans were 

exposed to such substances, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2019 

Mr. KILDEE (for himself, Mrs. DINGELL, Ms. SLOTKIN, Mr. LEVIN of Michigan, Ms. TLAIB, Mr. KHANNA, Mr. DELGADO, Ms. TORRES SMALL of 

New Mexico, Mr. PAPPAS, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. 

SEAN PATRICK MALONEY of New York, Ms. DEAN, Mr. COHEN, Ms. 

KUSTER of New Hampshire, Mrs. LAWRENCE, Ms. STEVENS, Mrs. 

TRAHAN, and Mr. KIM) introduced the following bill; which was referred 

to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to furnish hospital 

care and medical services to veterans and dependents 

who were stationed at military installations at which 

the veterans and dependents were exposed to 

perfluorooctanoic acid or other per- and polyfluoroalkyl 

substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which the veterans were exposed 

to such substances, and for other purposes. 


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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 ‘‘Veterans Exposed to 

5 Toxic PFAS Act’’ or the ‘‘VET PFAS Act’’. 

6 SEC. 2. HOSPITAL CARE AND MEDICAL SERVICES FOR VET7 ERANS AND DEPENDENTS EXPOSED TO 

8 PERFLUOROOCTANOIC ACID AND OTHER 

9 PER- 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 days 

17 after the date of the enactment of this subpara18 graph, subject to paragraph (2), a veteran who 

19 served on active duty in the Armed Forces at a cov20 ered military installation at which individuals were 

21 exposed to substances specified in clause (ii) is eligi22 ble for hospital care and medical services under sub23 section (a)(2)(F) for the diseases, illnesses, or condi24 tions as specified in such clause, notwithstanding 

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1 clude that such illness or condition is attributable to 

2 such service. 

3 ‘‘(ii) The substances and diseases, illnesses, or 

4 conditions specified in this clause are the following: 

5 ‘‘(I) With respect to exposure to perfluoro6 octanoic acid— 

7 ‘‘(aa) diagnosed high cholesterol; 

8 ‘‘(bb) ulcerative colitis; 

9 ‘‘(cc) thyroid disease; 

10 ‘‘(dd) testicular cancer; 

11 ‘‘(ee) kidney cancer; and 

12 ‘‘(ff) pregnancy-induced hypertension. 

13 ‘‘(II) With respect to exposure to other 

14 per- and polyfluoroalkyl substances, any dis15 ease, illness, or condition that the Secretary of 

16 Veterans Affairs, in consultation with the Ad17 ministrator of the Agency for Toxic Substances 

18 and Disease Registry of the Department of 

19 Health and Human Services, determines pursu20 ant to the study conducted under section 316 of 

21 the National Defense Authorization Act for Fis22 cal Year 2018 (Public Law 115–91) that a 

23 positive association exists between exposure to 

24 per- and polyfluoroalkyl substances and such 

25 disease, illness, or condition. 


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1 ‘‘(iii) For purposes of this subparagraph, any 

2 service by a member of the reserve components for 

3 a period specified by the Secretary at a covered mili4 tary installation at which individuals were exposed to 

5 substances specified in clause (ii) shall be treated as 

6 active duty service, notwithstanding section 101(21) 

7 of this title. 

8 ‘‘(iv) In this subparagraph, the term ‘covered 

9 military installation’ means a military installation at 

10 which individuals were exposed to perfluorooctanoic 

11 acid or other per- and polyfluoroalkyl substances, in12 cluding exposure through a well that provides water 

13 for human consumption that is contaminated with 

14 such substances.’’. 

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

16 section is amended by striking ‘‘or (F)’’ and insert17 ing ‘‘(F), or (G)’’. 

18 (b) FAMILY MEMBERS.— 

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

20 17 is amended by adding at the end the following 

21 new section: 

22 ‘‘§ 1787A. Health care of family members of veterans 

23 stationed at certain military installations 

24 ‘‘(a) IN GENERAL.—Beginning on the date that is 90 

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1 ject to subsection (b), a family member of a veteran de2 scribed in clause (i) of section 1710(e)(1)(G) of this title 

3 (or who would be so described but for the condition by 

4 which the individual was discharged or released from the 

5 Armed Forces) who resided at a military installation cov6 ered by such clause or who was in utero while the mother 

7 of such family member resided at such location shall be 

8 eligible for hospital care and medical services furnished 

9 by the Secretary for any disease, illness, or condition for 

10 which a veteran may receive hospital care and medical 

11 services under clause (ii) of such section, notwithstanding 

12 that there is insufficient medical evidence to conclude that 

13 such disease, illness, or condition is attributable to such 

14 residence. 

15 ‘‘(b) LIMITATIONS.—(1) The Secretary may only fur16 nish hospital care and medical services under subsection 

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

18 in appropriations Acts for such purpose. 

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

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

21 condition of a family member that is found, in accordance 

22 with guidelines issued by the Under Secretary for Health, 

23 to have resulted from a cause other than the residence 

24 of the family member described in that subsection. 


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

2 hospital care or medical services provided to a family 

3 member under this section only after the family member 

4 or the provider of such care or services has exhausted 

5 without success all claims and remedies reasonably avail6 able to the family member or provider against a third 

7 party (as defined in section 1725(f) of this title) for pay8 ment of such care or services, including with respect to 

9 health-plan contracts (as defined in such section).’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such chapter is amended 

12 by inserting after the item relating to section 1787 

13 the following new item: 

‘‘1787A. Health care of family members of veterans stationed at certain military 

installations.’’. 

14 (c) ANNUAL REPORTS.— 

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

16 beginning in the year in which the study conducted 

17 under section 316 of the National Defense Author18 ization Act for Fiscal Year 2018 (Public Law 115– 

19 91) is submitted to Congress, the Secretary of Vet20 erans Affairs shall submit to the Committee on Vet21 erans’ Affairs of the Senate and the Committee on 

22 Veterans’ Affairs of the House of Representatives an 

23 annual report on the care and services provided 

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


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

2 (b)(1), respectively). 

3 (2) ELEMENTS.—Each report under paragraph 

4 (1) shall set forth the following: 

5 (A) The number of veterans and family 

6 members provided hospital care and medical 

7 services under the provisions of law specified in 

8 paragraph (1) during the period covered by the 

9 report. 

10 (B) The illnesses, conditions, and disabil11 ities for which care and services have been pro12 vided such veterans and family members under 

13 such provisions of law during that period. 

14 (C) The number of veterans and family 

15 members who applied for care and services 

16 under such provisions of law during that period 

17 but were denied, including information on the 

18 reasons for such denials. 

19 (D) The number of veterans and family 

20 members who applied for care and services 

21 under such provisions of law and are awaiting 

22 a decision from the Secretary on eligibility for 

23 such care and services as of the date of such re24 port. 


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

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

3 reserve components of the Armed Forces covered by 

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

5 SEC. 3. PRESUMPTION OF SERVICE CONNECTION FOR CER6 TAIN VETERANS EXPOSED TO PERFLUORO7 OCTANOIC ACID OR OTHER PER- AND 

8 POLYFLUOROALKYL SUBSTANCES. 

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

10 States Code, is amended by inserting after section 1116 

11 the following new section: 

12 ‘‘§ 1116A. Presumption of service connection for cer13 tain veterans exposed to perfluoro14 octanoic acid or other per- and poly15 fluoroalkyl substances 

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

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

18 to section 1113 of this title, each disease or illness speci19 fied in subsection (b) that becomes manifest in a veteran 

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

21 been incurred or aggravated in the line of duty in the ac22 tive military, naval, or air service, notwithstanding that 

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

24 during the period of such service. 


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1 ‘‘(2) A veteran described in this paragraph is a vet2 eran who, during active military, naval, or air service, 

3 served at a military installation at which individuals were 

4 exposed to perfluorooctanoic acid or other per- and 

5 polyfluoroalkyl substances, including exposure through a 

6 well that provides water for human consumption that is 

7 contaminated with such substances. 

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

9 specified in this subsection is any of the following: 

10 ‘‘(1) With respect to exposure to perfluoro11 octanoic acid— 

12 ‘‘(A) diagnosed high cholesterol; 

13 ‘‘(B) ulcerative colitis; 

14 ‘‘(C) thyroid disease; 

15 ‘‘(D) testicular cancer; 

16 ‘‘(E) kidney cancer; and 

17 ‘‘(F) pregnancy-induced hypertension. 

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

19 polyfluoroalkyl substances, any other disease, illness, 

20 or condition that the Secretary of Veterans Affairs, 

21 in consultation with the Administrator of the Agency 

22 for Toxic Substances and Disease Registry of the 

23 Department of Health and Human Services, deter24 mines pursuant to the study conducted under section 

25 316 of the National Defense Authorization Act for 


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1 Fiscal Year 2018 (Public Law 115–91) that a posi2 tive association exists between exposure to per- and 

3 polyfluoroalkyl substances and such disease or ill4 ness. 

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

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

7 the reserve components for a period specified by the Sec8 retary at a military installation described in subsection 

9 (a)(2) shall be treated as active military, naval, or air serv10 ice, notwithstanding section 101(24) of this title.’’. 

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

12 at the beginning of such chapter is amended by inserting 

13 after the item relating to section 1116 the following new 

14 item: 

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

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

Æ 


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