January 23, 2025
Ms. Strickland (for herself and Mr. Lawler) introduced the following bill; which was referred to the Committee on Armed Services
To direct the Secretary of Defense to establish a compensation fund for military firefighters exposed to PFAS.
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.