,,ii #aahth ,,congress #b;d ,session ,s4 #djac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjbd,mr4 ,booker introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,public ,health ,service ,act to establish the ,firefighter ,,pfas ,injury ,compensation ,program1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,firefighter ,,pfas ,injury ,compensation ,act of #bjbd4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,firefighter ,,pfas ,injury ,compensation ,program4,sec4 #c4 ,,pfas ,trust ,fund4,sec4 #d4 ,excise tax on ,,pfas manufacturers4,sec4 #e4 ,,pfas litigation excise tax4,sec4 #f4 ,budgetary effects4 #b4 ,firefighter ,,pfas ,injury ,compensation ,program ,the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bja et seq47 is amended by adding at the end the following3 ,,xxxiv ,firefighter ,,pfas ,injury ,compensation ,program #cdja4 ,firefighter ,,pfas ,injury ,compensation ,program 7a7 ,establishment ,the ,secretary shall establish a program1 to be known as the ,firefighter ,,pfas ,injury ,compensation ,program 7in this title referred to as the ,program71 for the purpose of providing compensation for physical injury or death suffered by firefighters in connection with ,,pfas-related health conditions4 7b7 ,submission of claims 7#a7 ,in general ,subject to paragraph 7#c71 to seek compensation under the ,program1 an eligible claimant shall submit to the ,secretary a claim-- 7,a7 using the claim form developed by the ,secretary under paragraph 7#b72 and 7,b7 by presenting any additional evidence1 including witness testimony and supporting documents1 alongside such claim form4 7#b7 ,claim form ,the ,secretary shall develop a claim form that requests the following information3 7,a7 ,information concerning any ,,pfas-related health condition of the firefighter in relation to whom the eligible claimant seeks compensation1 including-- 7i7 proof of the diagnosis of such condition by a physician2 and 7ii7 the date of such diagnosis4 7,b7 ,the years of service of such firefighter4 7,c7 ,a description of any special circumstances that may support a more substantial award4 7#c7 ,time limitation ,an eligible claimant may submit a claim under paragraph 7#a7 during the period beginning on the date on which the regulations are promulgated as final under section #cdjc and ending on the later of-- 7,a7 the date that is #b years after the date on which such regulations are promulgated as final2 and 7,b7 the date that is #b years after the date of death of the firefighter in relation to whom the eligible claimant seeks compensation4 7c7 ,eligible claimant 7#a7 ,in general ,a person is eligible to submit a claim under the ,program only if such person-- 7,a7 7i7 served as a firefighter for #b or more years2 and 7ii7 during or after such service1 suffered a ,,pfas-related health condition2 or 7,b7 in the case of a deceased firefighter who meets the requirements of subparagraph 7,a7-- 7i7 is the administrator of the estate of such firefighter2 or 7ii7 in the case that the claim is submitted before the date on which the estate of such firefighter is opened-- 7,i7 is an adult heir of such firefighter2 and 7,,ii7 is represented by counsel4 7#b7 ,claims from multiple adult heirs prohibited ,if more than #a adult heir described in paragraph 7#a77;,b77ii7 submits a claim for the same firefighter before the date on which the estate of such firefighter is opened1 all such adult heirs shall cease to be eligible claimants4 ,in such case1 the eligible claimant shall be the administrator of the firefighter's estate under paragraph 7#a77;,b77i74 7d7 ,review of claims 7#a7 ,in general ,for each claim submitted under subsection 7b77#a71 the ,secretary shall-- 7,a7 determine whether the firefighter suffered a ,,pfas-related health condition2 and 7,b7 not later than #abj days after the date on which the claim is submitted-- 7i7 determine the amount of compensation 7if any7 to award to the eligible claimant1 as described in subsection 7e72 and 7ii7 provide to the eligible claimant written notice of such determination4 7#b7 ,no-fault program ,in reviewing claims under paragraph 7#a71 the ,secretary-- 7,a7 shall conclude that any ,,pfas-related health condition of a firefighter was caused by exposure to ,,pfas during the firefighting activities of such firefighter2 and 7,b7 may not consider negligence or any other theory of liability or defense thereto4 7#c7 ,rights of eligible claimant ,an eligible claimant in a review under paragraph 7#a7 shall have the right to be represented by an attorney4 7e7 ,amount of compensation 7#a7 ,in general ,the amount of compensation described in subsection 7d77#a77;,b77i7 is the base award described in paragraph 7#b71 as multiplied by the service modifier described in paragraph 7#c71 and as modified by any special circumstances 7as the ,secretary determines appropriate74 7#b7 ,base award ,subject to paragraph 7#d71 the base award described in this paragraph is-- 7,a7 #bej1jjj for a ,,pfas-related health condition that is a cancer2 and 7,b7 #ej1jjj for a ,,pfas-related health condition that is not a cancer4 7#c7 ,service modifier ,the service modifier described in this paragraph is-- 7,a7 #a for a firefighter with at least #b and fewer than #e years of service2 7,b7 #b for a firefighter with at least #e and fewer than #g years of service2 7,c7 #c for a firefighter with at least #g and fewer than #aj years of service2 and 7,d7 #d for a firefighter with at least #aj years of service4 7#d7 ,inflation adjustments ,the ,secretary may adjust the base award described in paragraph 7#b7 to account for any inflation or deflation occurring after the date of enactment of the ,firefighter ,,pfas ,injury ,compensation ,act of #bjbd4 7#e7 ,no punitive damages2 no consideration of funding availability ,in determining the amount of compensation described in subsection 7d77#a77;,b77i71 the ,secretary-- 7,a7 may not include any punitive damages2 and 7,b7 may not consider the amounts available in the ,,pfas ,trust ,fund under section #ieab of the ,internal ,revenue ,code of #aihf4 7f7 ,limitations on claims 7#a7 ,only #a cancer and #a noncancer condition ,an eligible claimant may receive compensation under the ,program only with respect to #a ,,pfas-related health condition that is a cancer and #a ,,pfas-related health condition that is not a cancer4 7#b7 ,single claim rule ,only #a claim may be submitted under the ,program with respect to any firefighter1 but a single claim may include multiple ,,pfas-related health conditions1 and claims may be amended and supplemented4 7g7 ,appeals to ,court of ,federal ,claims 7#a7 ,in general ,an eligible claimant aggrieved by a determination of the ,secretary with respect to a claim of such eligible claimant under the ,program may appeal such determination to the ,united ,states ,court of ,federal ,claims4 7#b7 ,de novo review ,the ,united ,states ,court of ,federal ,claims shall review any determination appealed under paragraph 7#a7 using a de novo standard of review4 7#c7 ,additional evidence ,as part of an appeal referred to in paragraph 7#a71 an eligible claimant may provide additional evidence1 including witness testimony and supporting documents1 irrespective of whether such evidence was provided in the claim submitted under subsection 7b77#a74 #cdjb4 ,payments to eligible individuals 7a7 ,in general ,subject to subsection 7b71 not later than #bj days after the date on which a determination is made by the ,secretary regarding the amount of compensation to award an eligible claimant under the ,program1 the ,secretary shall pay to such eligible claimant such amount from the ,,pfas ,trust ,fund under section #ieab of the ,internal ,revenue ,code of #aihf4 7b7 ,limitations 7#a7 ,payment system ,the ,secretary shall establish a system for providing compensation for claims in accordance with this subsection and section #cdja4 7#b7 ,agency policies and procedures 7,a7 ,development 7i7 ,in general ,not later than #cj days after the date of enactment of the ,firefighter ,,pfas ,injury ,compensation ,act of #bjbd1 the ,secretary shall develop agency policies and procedures that meet the requirements described in clauses 7ii7 and 7iii7 for providing compensation for claims4 7ii7 ,no exceeding amounts in ,fund ,the policies and procedures developed under clause 7i7 shall ensure that total obligations and expenditures in providing compensation for claims do not exceed the amounts appropriated to the ,,pfas ,trust ,fund under section #ieab of the ,internal ,revenue ,code of #aihf4 7iii7 ,proration ,the policies and procedures developed under clause 7i7 shall include a process for prorating payments when funding is deficient and for supplementing the prorated payments as funding becomes available consistent with paragraph 7#c74 7,b7 ,reassessment ,not later than #a year after the date of enactment of the ,firefighter ,,pfas ,injury ,compensation ,act of #bjbd1 and annually thereafter1 the ,secretary shall conduct a reassessment of the agency policies and procedures developed under subparagraph 7,a7 to ensure that such policies and procedures continue to satisfy the requirements described in clauses 7ii7 and 7iii7 of such subparagraph4 ,if the ,secretary determines1 upon reassessment1 that such agency policies or procedures do not achieve the requirements of such clauses1 the ,secretary shall take additional actions or make such modifications as necessary to achieve such requirements4 7#c7 ,adjustment for delayed payment due to insufficient funding 7,a7 ,in general ,for any claim for which the ,secretary advises the eligible claimant that the amount of compensation to be paid has been reduced on the basis of insufficient funding1 the ,secretary shall1 in the first fiscal year beginning after sufficient funding becomes available1 pay to the eligible claimant the unpaid amount plus #f percent interest per annum on such unpaid amount4 7,b7 ,definitions ,in this paragraph3 7i7 ,insufficient funding ,the term insufficient funding means funding that the ,secretary determines is insufficient for purposes of compensating all claims under the ,program4 7ii7 ,sufficient funding ,the term sufficient funding means funding that the ,secretary determines is sufficient for purposes of compensating all claims under the ,program4 7iii7 ,unpaid amount ,the term unpaid amount means the amount of additional compensation the eligible claimant would have been paid under the ,program if sufficient funding had been available4 7#d7 ,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 paid4 7c7 ,attorneys' fees 7#a7 ,maximum percentage ,notwithstanding any contract1 attorneys' fees for services rendered in obtaining compensation under the ,program 7including an appeal under section #cdja7;g77 may not exceed the highest percentage permitted under section #bfgh of title #bh1 ,united ,states ,code4 7#b7 ,penalties ,any attorney who charges1 demands1 receives1 or collects for services rendered in connection with obtaining compensation under the ,program any amount in excess of that allowed under this subsection1 if recovery be had1 shall be subject to the penalties provided in such section #bfgh4 #cdjc4 ,regulations ,not later than #ij days after the date of enactment of this title1 the ,secretary shall promulgate regulations to carry out this title1 including regulations with respect to-- 7#a7 the claim form developed by the ,secretary under section #cdja7;b77#b72 7#b7 procedures for hearing and the presentation of evidence2 7#c7 procedures to assist a person in submitting and pursuing a claim under this title2 and 7#d7 other matters determined appropriate by the ,secretary4 #cdjd4 ,definitions ,in this title3 7#a7 ,firefighter ,the term firefighter means a member of a civilian or military fire department or volunteer fire organization who is qualified to respond to and extinguish fires4 7#b7 ,heir ,the term heir means1 in relation to a deceased individual1 an individual who1 at the time of death of the deceased individual1 was a spouse1 parent1 child1 grandchild1 or sibling of the deceased individual4 7#c7 ,,pfas ,the term ,,pfas means per- and polyfluoroalkyl substances4 7#d7 ,,pfas-related health condition 7,a7 ,in general ,the term ,,pfas-related health condition means an illness or health condition for which exposure to ,,pfas is likely to be a significant factor in aggravating1 contributing to1 or causing the illness or health condition1 including-- 7i7 cancers of the kidney1 testicle1 liver1 prostate1 bladder1 pancreas1 breast1 colon1 and ovary2 7ii7 thyroid diseases2 7iii7 ulcerative colitis2 and 7iv7 any other illness or health condition1 as the ,secretary determines appropriate4 7,b7 ,advisory panel 7i7 ,establishment ,the ,secretary shall establish an advisory panel of individuals with appropriate expertise to advise the ,secretary on which other illnesses or health conditions should be considered ,,pfas-related health conditions under subparagraph 7,a77iv74 7ii7 ,recommendations regarding specific claims ,for each claim submitted under subsection 7b77#a7 with respect to an illness or health condition not listed in clauses 7i7 through 7iii7 of subparagraph 7,a71 or previously determined by the ,secretary to be a ,,pfas-related health condition under clause 7iv7 of such subparagraph1 the advisory panel established under clause 7i7 shall1 not later than #ij days after the submission of such claim1 submit to the ,secretary a recommendation on whether the illness or health condition should be considered a ,,pfas-related health condition4 7iii7 ,termination ,section #ajac7;a77#b7 of title #e1 ,united ,states ,code1 7relating to the termination of advisory committees7 shall not apply to the advisory panel established under clause 7i74 #cdje4 ,funding 7a7 ,compensation paid only from ,,pfas ,trust ,fund ,compensation under this title may be awarded only from amounts in the ,,pfas ,trust ,fund established under section #ieab of the ,internal ,revenue ,code of #aihf4 7b7 ,authorization of appropriations for administrative costs ,there is authorized to be appropriated for the costs of administering and carrying out this title such sums as may be necessary for each of fiscal years #bjbe through #bjbi4 4 #c4 ,,pfas ,trust ,fund 7a7 ,in general ,subchapter ,a of chapter #ih of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ieab4 ,,pfas ,trust ,fund 7a7 ,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 ,fund1 consisting of such amounts as may be appropriated or credited to such ,trust ,fund as provided in this section or section #ifjb7;b74 7b7 ,transfer to ,trust ,fund of amounts equivalent to certain taxes and contributions ,there are hereby appropriated to the ,,pfas ,trust ,fund amounts equivalent to-- 7#a7 the taxes received in the ,treasury under sections #daia and #ejjj;,e1 and 7#b7 the contributions accepted by the ,secretary of ,health and ,human ,services under subsection 7c74 7c7 ,contributions ,the ,secretary of ,health and ,human ,services may accept contributions to the ,,pfas ,trust ,fund under such terms and conditions as the ,secretary determines appropriate4 7d7 ,expenditures from ,trust ,fund ,amounts in the ,,pfas ,trust ,fund shall be available1 without further appropriation1 to the ,secretary of ,health and ,human ,services to provide compensation through the ,firefighter ,,pfas ,injury ,compensation ,program under title ,,xxxiv of the ,public ,health ,service ,act4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,a of chapter #ih of such ,code is amended by adding at the end the following new item3 ,sec4 #ieab4 ,,pfas ,trust ,fund4 4 7c7 ,effective date ,the amendments made by this section shall apply to amounts received after the date of the enactment of this ,act4 #d4 ,excise tax on ,,pfas manufacturers 7a7 ,in general ,chapter #cb of subtitle ,d of the ,internal ,revenue ,code of #aihf is amended by inserting after subchapter ,d the following new subchapter3 ,e ,,pfas ,sec4 #daia4 ,,pfas excise tax4 #daia4 ,,pfas excise tax 7a7 ,in general ,there is hereby imposed on ,,pfas products sold by the manufacturer1 producer1 or importer thereof a tax equal to #aj percent of the price for which so sold4 7b7 ,definitions ,for purposes of this section3 7#a7 ,,pfas ,the term ,,pfas means per- and polyflouroalkyl substances4 7#b7 ,,pfas products ,the term ,,pfas products means any product containing ,,pfas1 including firefighter gear containing ,,pfas4 4 7b7 ,clerical amendment ,the table of subchapters for chapter #cb of subtitle ,d of such ,code is amended by inserting after the item relating to subchapter ,d the following new item3 ,subchapter ,e4 ,,pfas 4 7c7 ,effective date ,the amendments made by this section shall apply to products sold after the date of the enactment of this ,act4 #e4 ,,pfas litigation excise tax 7a7 ,in general ,subtitle ,d of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new chapter3 #ej;,b ,,pfas litigation ,sec4 #ejjj;,e4 ,,pfas litigation excise tax4 #ejjj;,e4 ,,pfas litigation excise tax 7a7 ,in general ,there is hereby imposed a tax on any taxpayer that pays a qualifying ,,pfas litigation award during the taxable year in an amount equal to #aj percent of the present value of such award4 7b7 ,qualifying ,,pfas litigation award ,for purposes of this section1 the term qualifying ,,pfas litigation award means a payment made pursuant to any final court order or settlement to compensate any person for harm suffered as a result of exposure to ,,pfas 7as defined in section #daia7 other than a claim for personal injury4 4 7b7 ,clerical amendment ,the table of chapters for subtitle ,d of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,,chapter #ej;,b--,,pfas ,,litigation 4 7c7 ,effective date ,the amendments made by this section shall apply to payments paid or incurred after the date of the enactment of this section4 #f4 ,budgetary effects 7a7 ,statutory ,,paygo scorecards ,the budgetary effects of this ,act and the amendments made by this ,act shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay ,as-,you-,go ,act of #bjaj4 7b7 ,senate ,,paygo scorecards ,the budgetary effects of this ,act and the amendments made by this ,act shall not be entered on any ,,paygo scorecard maintained for purposes of section #dajf of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress74