I 

117TH CONGRESS 

2D SESSION H. R. 7089 

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 

MARCH 15, 2022 

Mr. KILDEE (for himself, Mrs. DINGELL, Ms. TLAIB, Mrs. LAWRENCE, Mr. 

BRENDAN F. BOYLE of Pennsylvania, Ms. DEAN, Mr. LEVIN of Michigan, Mr. KHANNA, Ms. STEVENS, Ms. SLOTKIN, and Mr. DELGADO) 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 after 

17 the date of the enactment of this subparagraph, subject 

18 to paragraph (2), a veteran who served on active duty in 

19 the Armed Forces at a covered military installation at 

20 which individuals were exposed to substances specified in 

21 clause (ii) is eligible for hospital care and medical services 

22 under subsection (a)(2)(F) for the diseases, illnesses, or 

23 conditions as specified in such clause, notwithstanding 

24 that there is insufficient medical evidence to conclude that 

25 such illness or condition is attributable to such service. 


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1 ‘‘(ii) The substances and diseases, illnesses, or condi2 tions specified in this clause are the following: 

3 ‘‘(I) With respect to exposure to 

4 perfluorooctanoic acid— 

5 ‘‘(aa) diagnosed high cholesterol; 

6 ‘‘(bb) ulcerative colitis; 

7 ‘‘(cc) thyroid disease; 

8 ‘‘(dd) testicular cancer; 

9 ‘‘(ee) kidney cancer; and 

10 ‘‘(ff) pregnancy-induced hypertension. 

11 ‘‘(II) With respect to exposure to other per- and 

12 polyfluoroalkyl substances, any disease, illness, or 

13 condition that the Secretary of Veterans Affairs, in 

14 consultation with the Administrator of the Agency 

15 for Toxic Substances and Disease Registry of the 

16 Department of Health and Human Services, deter17 mines pursuant to the study conducted under section 

18 316 of the National Defense Authorization Act for 

19 Fiscal Year 2018 (Public Law 115–91) that a posi20 tive association exists between exposure to per- and 

21 polyfluoroalkyl substances and such disease, illness, 

22 or condition. 

23 ‘‘(iii) For purposes of this subparagraph, any service 

24 by a member of the reserve components for a period speci25 fied by the Secretary at a covered military installation at 


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1 which individuals were exposed to substances specified in 

2 clause (ii) shall be treated as active duty service, notwith3 standing section 101(21) of this title. 

4 ‘‘(iv) In this subparagraph, the term ‘covered military 

5 installation’ means a military installation at which individ6 uals were exposed to perfluorooctanoic acid or other per7 and polyfluoroalkyl substances, including exposure 

8 through a well that provides water for human consumption 

9 that is contaminated with such substances.’’. 

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

11 section is amended by striking ‘‘or (F)’’ and insert12 ing ‘‘(F), or (G)’’. 

13 (b) FAMILY MEMBERS.— 

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

15 17 is amended by adding at the end the following 

16 new section: 

17 ‘‘§ 1787A. Health care of family members of veterans 

18 stationed at certain military installations 

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

20 days after the date of the enactment of this section, sub21 ject to subsection (b), a family member of a veteran de22 scribed in clause (i) of section 1710(e)(1)(G) of this title 

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

24 which the individual was discharged or released from the 

25 Armed Forces) who resided at a military installation covVerDate Sep 11 2014 22:12 Mar 16, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7089.IH H7089

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1 ered by such clause or who was in utero while the mother 

2 of such family member resided at such location shall be 

3 eligible for hospital care and medical services furnished 

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

5 which a veteran may receive hospital care and medical 

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

7 that there is insufficient medical evidence to conclude that 

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

9 residence. 

10 ‘‘(b) LIMITATIONS.—(1) The Secretary may only fur11 nish hospital care and medical services under subsection 

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

13 in appropriations Acts for such purpose. 

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

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

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

17 with guidelines issued by the Under Secretary for Health, 

18 to have resulted from a cause other than the residence 

19 of the family member described in that subsection. 

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

21 hospital care or medical services provided to a family 

22 member under this section only after the family member 

23 or the provider of such care or services has exhausted 

24 without success all claims and remedies reasonably avail25 able to the family member or provider against a third 


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1 party (as defined in section 1725(f) of this title) for pay2 ment of such care or services, including with respect to 

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

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by inserting after the item relating to section 1787 

7 the following new item: 

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

installations.’’. 

8 (c) ANNUAL REPORTS.— 

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

10 beginning in the year in which the study conducted 

11 under section 316 of the National Defense Author12 ization Act for Fiscal Year 2018 (Public Law 115– 

13 91) is submitted to Congress, the Secretary of Vet14 erans Affairs shall submit to the Committee on Vet15 erans’ Affairs of the Senate and the Committee on 

16 Veterans’ Affairs of the House of Representatives an 

17 annual report on the care and services provided 

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

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

20 (b)(1), respectively). 

21 (2) ELEMENTS.—Each report under paragraph 

22 (1) shall set forth the following: 

23 (A) The number of veterans and family 

24 members provided hospital care and medical 


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1 services under the provisions of law specified in 

2 paragraph (1) during the period covered by the 

3 report. 

4 (B) The illnesses, conditions, and disabil5 ities for which care and services have been pro6 vided such veterans and family members under 

7 such provisions of law during that period. 

8 (C) The number of veterans and family 

9 members who applied for care and services 

10 under such provisions of law during that period 

11 but were denied, including information on the 

12 reasons for such denials. 

13 (D) The number of veterans and family 

14 members who applied for care and services 

15 under such provisions of law and are awaiting 

16 a decision from the Secretary on eligibility for 

17 such care and services as of the date of such re18 port. 

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

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

21 reserve components of the Armed Forces covered by 

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


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1 SEC. 3. PRESUMPTION OF SERVICE CONNECTION FOR CER2 TAIN VETERANS EXPOSED TO 

3 PERFLUOROOCTANOIC ACID OR OTHER PER4 AND POLYFLUOROALKYL SUBSTANCES. 

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

6 States Code, is amended by inserting after section 1116B 

7 the following new section: 

8 ‘‘§ 1116C. Presumption of service connection for cer9 tain veterans exposed to 

10 perfluorooctanoic acid or other per- and 

11 polyfluoroalkyl substances 

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

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

14 to section 1113 of this title, each disease or illness speci15 fied in subsection (b) that becomes manifest in a veteran 

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

17 been incurred or aggravated in the line of duty in the ac18 tive military, naval, or air service, notwithstanding that 

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

20 during the period of such service. 

21 ‘‘(2) A veteran described in this paragraph is a vet22 eran who, during active military, naval, or air service, 

23 served at a military installation at which individuals were 

24 exposed to perfluorooctanoic acid or other per- and 

25 polyfluoroalkyl substances, including exposure through a 


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1 well that provides water for human consumption that is 

2 contaminated with such substances. 

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

4 specified in this subsection is any of the following: 

5 ‘‘(1) With respect to exposure to 

6 perfluorooctanoic acid— 

7 ‘‘(A) diagnosed high cholesterol; 

8 ‘‘(B) ulcerative colitis; 

9 ‘‘(C) thyroid disease; 

10 ‘‘(D) testicular cancer; 

11 ‘‘(E) kidney cancer; and 

12 ‘‘(F) pregnancy-induced hypertension. 

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

14 polyfluoroalkyl substances, any other disease, illness, 

15 or condition that the Secretary of Veterans Affairs, 

16 in consultation with the Administrator of the Agency 

17 for Toxic Substances and Disease Registry of the 

18 Department of Health and Human Services, deter19 mines pursuant to the study conducted under section 

20 316 of the National Defense Authorization Act for 

21 Fiscal Year 2018 (Public Law 115–91) that a posi22 tive association exists between exposure to per- and 

23 polyfluoroalkyl substances and such disease or ill24 ness. 


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

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

3 the reserve components for a period specified by the Sec4 retary at a military installation described in subsection 

5 (a)(2) shall be treated as active military, naval, or air serv6 ice, notwithstanding section 101(24) of this title.’’. 

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

8 at the beginning of such chapter is amended by inserting 

9 after the item relating to section 1116B the following new 

10 item: 

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

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

Æ 


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