I 
118TH CONGRESS 
2D SESSION 
H. R. 7788 
To amend the Public Health Service Act to establish the Firefighter PFAS 
Injury Compensation Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 21, 2024 
Mr. SOTO introduced the following bill; which was referred to the Committee 
on Ways and Means, and in addition to the Committees on Energy and 
Commerce, and the Budget, 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 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 Representa-
tives 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. 
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Sec. 3. PFAS Trust Fund. 
Sec. 4. PFAS manufacturer’s excise tax. 
Sec. 5. PFAS litigation excise tax. 
Sec. 6. Budgetary effects. 
SEC. 2. FIREFIGHTER PFAS INJURY COMPENSATION PRO-
GRAM. 
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 estab-
lish a program, to be known as the Firefighter PFAS In-
jury 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 con-
nection 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 
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‘‘(B) by presenting any additional evi-
dence, including witness testimony and sup-
porting documents, alongside such claim form. 
‘‘(2) CLAIM
FORM.—The Secretary shall de-
velop a claim form that requests the following infor-
mation: 
‘‘(A) Information concerning any PFAS-re-
lated health condition of the firefighter in rela-
tion to whom the eligible claimant seeks com-
pensation, 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 fire-
fighter. 
‘‘(C) A description of any special cir-
cumstances that may support a more substan-
tial award. 
‘‘(3) TIME LIMITATION.—An eligible claimant 
may submit a claim under paragraph (1) during the 
period beginning on the date on which the regula-
tions are promulgated as final under section 3403 
and ending on the later of— 
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exposure to PFAS during the firefighting activi-
ties of such firefighter; and 
‘‘(B) may not consider negligence or any 
other theory of liability or defense thereto. 
‘‘(3) RIGHTS OF ELIGIBLE CLAIMANT.—An eli-
gible 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 compensa-
tion 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; 
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‘‘(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 Sec-
retary may adjust the base award described in para-
graph (2) to account for any inflation or deflation 
occurring after the date of enactment of the Fire-
fighter PFAS Injury Compensation Act of 2024. 
‘‘(5) NO
PUNITIVE
DAMAGES; NO
CONSIDER-
ATION OF FUNDING AVAILABILITY.—In determining 
the amount of compensation described in subsection 
(d)(1)(B)(i), the Secretary— 
‘‘(A) may not include any punitive dam-
ages; and 
‘‘(B) may not consider the amounts avail-
able 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 CON-
DITION.—An eligible claimant may receive com-
pensation under the Program only with respect to 1 
PFAS-related health condition that is a cancer and 
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1 PFAS-related health condition that is not a can-
cer. 
‘‘(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 ag-
grieved by a determination of the Secretary with re-
spect 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 determina-
tion 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, irre-
spective of whether such evidence was provided in 
the claim submitted under subsection (b)(1). 
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‘‘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 com-
pensation to award an eligible claimant under the Pro-
gram, 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 devel-
oped under clause (i) shall ensure that 
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total obligations and expenditures in pro-
viding compensation for claims do not ex-
ceed 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 Fire-
fighter PFAS Injury Compensation Act of 
2024, and annually thereafter, the Secretary 
shall conduct a reassessment of the agency poli-
cies and procedures developed under subpara-
graph (A) to ensure that such policies and pro-
cedures continue to satisfy the requirements de-
scribed in clauses (ii) and (iii) of such subpara-
graph. If the Secretary determines, upon reas-
sessment, that such agency policies or proce-
dures do not achieve the requirements of such 
clauses, the Secretary shall take additional ac-
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tions 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 claim-
ant 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 un-
paid 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 insuffi-
cient 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. 
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‘‘(iii) UNPAID
AMOUNT.—The term 
‘unpaid amount’ means the amount of ad-
ditional 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.—Notwith-
standing any contract, attorneys’ fees for services 
rendered in obtaining compensation under the Pro-
gram (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. 
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‘‘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 presen-
tation 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 depart-
ment 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.— 
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‘‘(A) IN GENERAL.—The term ‘PFAS-re-
lated 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 condi-
tion, as the Secretary determines appro-
priate. 
‘‘(B) ADVISORY PANEL.— 
‘‘(i) ESTABLISHMENT.—The Secretary 
shall establish an advisory panel of individ-
uals with appropriate expertise to advise 
the Secretary on which other illnesses or 
health conditions should be considered 
PFAS-related health conditions under sub-
paragraph (A)(iv). 
‘‘(ii) RECOMMENDATIONS REGARDING 
SPECIFIC
CLAIMS.—For each claim sub-
mitted under subsection (b)(1) with respect 
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to an illness or health condition not listed 
in clauses (i) through (iii) of subparagraph 
(A), or previously determined by the Sec-
retary to be a PFAS-related health condi-
tion under clause (iv) of such subpara-
graph, 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 es-
tablished under section 9512 of the Internal Revenue Code 
of 1986. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR AD-
MINISTRATIVE COSTS.—There is authorized to be appro-
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priated 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
CONTRIBU-
TIONS.—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 Sec-
retary of Health and Human Services under sub-
section (c). 
‘‘(c) CONTRIBUTIONS.—The Secretary of Health and 
Human Services may accept contributions to the PFAS 
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