[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 705 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 705
To direct the Secretary of Defense to establish a compensation fund for
military firefighters exposed to PFAS.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 23, 2025
Ms. Strickland (for herself and Mr. Lawler) introduced the following
bill; which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To direct the Secretary of Defense to establish a compensation fund for
military firefighters exposed to PFAS.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. COMPENSATION FUND FOR MILITARY FIREFIGHTERS.
(a) Program and Fund Established.--Not later than two years after
the date of enactment of this Act, the Secretary of Defense shall
establish a program and fund to be known as the ``Military Firefighters
Compensation Fund''.
(b) Purpose of Program.--The purpose of the compensation program is
to provide for timely, uniform, and adequate compensation to current
and former military firefighters and, where applicable, survivors of
such employees, suffering from illnesses incurred by such employees in
the performance of duty for the Department of Defense and certain of
its contractors and subcontractors due to exposure to per- and
polyfluoroalkyl substances, or PFAS.
(c) PFAS Exposure.--Current and former military firefighters shall,
in the absence of substantial evidence to the contrary, be determined
to have been exposed to PFAS in the performance of duty for the
purposes of the compensation program if such firefighter was employed
at a military installation, facility of the National Guard, of formerly
used defense site during a period when PFAS would have been present at
such facility.
(d) Compensation Provided.--A current or former military
firefighter, or the survivor of such firefighter if the firefighter is
deceased, shall receive compensation for the disability or death of
that employee from that employee's occupational illness.
(e) Payments in the Case of Deceased Persons.--
(1) Claim filed.--In the case of a military firefighter who
is deceased at the time of payment of compensation under this
section, whether or not the death is the result of the
firefighter's occupational illness, such payment may be made
only as follows:
(A) If the military firefighter is survived by a
spouse who is living at the time of payment, such
payment shall be made to such surviving spouse.
(B) If there is no surviving spouse described in
subparagraph (A), such payment shall be made in equal
shares to all children of the military firefighter who
are living at the time of payment.
(C) If there is no surviving spouse described in
subparagraph (A) and if there are no children described
in subparagraph (B), such payment shall be made in
equal shares to the parents of the military firefighter
who are living at the time of payment.
(D) If there is no surviving spouse described in
subparagraph (A), and if there are no children
described in subparagraph (B) or parents described in
subparagraph (C), such payment shall be made in equal
shares to all grandchildren of the military firefighter
who are living at the time of payment.
(E) If there is no surviving spouse described in
subparagraph (A), and if there are no children
described in subparagraph (B), parents described in
subparagraph (C), or grandchildren described in
subparagraph (D), then such payment shall be made in
equal shares to the grandparents of the military
firefighter who are living at the time of payment.
(F) Notwithstanding the other provisions of this
paragraph, if there is--
(i) a surviving spouse described in
subparagraph (A); and
(ii) at least one child of the military
firefighter who is living and a minor at the
time of payment and who is not a recognized
natural child or adopted child of such
surviving spouse, then half of such payment
shall be made to such surviving spouse, and the
other half of such payment shall be made in
equal shares to each child of the military
firefighter who is living and a minor at the
time of payment.
(2) Before filing of claim.--If a current or former
military firefighter eligible for payment dies before filing a
claim under this section, a survivor of that firefighter who
may receive payment under paragraph (1) may file a claim for
such payment.
(3) Definitions.--In this subsection:
(A) The term ``child'' includes a recognized
natural child, a stepchild who lived with an individual
in a regular parent-child relationship, or an adopted
child.
(B) The term ``grandchild'' means the child of a
child of an individual.
(C) The term ``grandparent'' means the parent of a
parent of an individual.
(D) The term ``parent'' includes fathers and
mothers through adoption.
(E) The term ``spouse'' means the wife or husband
of a deceased individual who was married to such
individual for at least one year immediately before
such death.
(f) Medical Benefits Provided.--The Secretary shall furnish, to an
individual receiving medical benefits under this section for an
illness, the services, appliances, and supplies prescribed or
recommended by a qualified physician for that illness.
(g) Transportation and Expenses.--The individual may be furnished
necessary and reasonable transportation and expenses incident to the
securing of such services, appliances, and supplies.
(h) Commencement of Benefits.--An individual receiving benefits
under this section shall be furnished those benefits as of the date on
which that individual submitted the claim for those benefits in
accordance with this section.
(i) Definitions.--In this section:
(1) The term ``military firefighter'' means a member of the
Armed Forces or a civilian employee of the Department of
Defense whose military occupational specialty or primary duties
are fire suppression and prevention.
(2) The term ``military installation'' has the meaning
given such term in section 2801(c)(4) of title 10, United
States Code.
(3) The term ``PFAS'' means perfluoroalkyl and
polyfluoroalkyl substances.
(4) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all the carbon atoms are fully fluorinated
carbon atoms.
(5) The term ``polyfluoroalkyl substance'' means a man-made
chemical with at least one fully fluorinated carbon atom and at
least one nonfluorinated carbon atom.
(j) Authorization for Compensation Fund.--There is hereby
authorized such sums as may be necessary to carry out this section.
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