Senate Bill 4013, entitled “Firefighter PFAS Injury Compensation Act of 2024,” seeks to establish a program to compensate firefighters who suffer from health conditions related to exposure to per- and polyfluoroalkyl substances (PFAS) during their firefighting activities. Firefighters exhibit diseases connected to PFAS exposure from use of firefighting foam and turnout gear. The proposed program provides compensation for physical injury or death suffered by firefighters connected to PFAS-related health conditions. Key provisions of the bill include:
1. Establishment of the Firefighter PFAS Injury Compensation Progam:
The Secretary of Health and Human Services shall establish a program to provide compensation for firefighters who suffer from PFAS- related health conditions.
2. Submission of Claims
Eligible claimants must submit a claim form developed by the Secretary. Claimants must provide information concerning any PFAS-related health condition, including proof of diagnosis by a physician and date of diagnosis; years of service as a firefighter; and any special circumstances that may support a more substantial award. Witness testimony and other supporting documentation may be submitted with the claim.
3. Eligibility:
To be eligible, a person must have served as a firefighter for two or more years and suffered a PFAS-related health condition during or after their service or be an heir of a deceased firefighter meeting these criteria. PFAS-related health condition includes cancer of the kidney, testicle, liver, prostate, bladder, pancreas, breast, colon and ovary; thyroid diseases; ulcerative colitis; and any other conditions the Secretary deems appropriate.
4. Time Limitations:
Eligible claimants can submit a claim starting from when the regulations become final under section 3403. They have up to 2 years after the regulations are finalized or up to 2 years after the death of the firefighter (if applicable), whichever is later, to submit their claim.
5. Review of Claims:
The Secretary will review each claim to determine the amount of compensation, which is based on the firefighter’s years of service and the nature of the PFAS-related health condition. Secretary must provide a claim determination, including award amount not later than 120 days after claim submission.
6. Amount of Compensation:
The base amount of compensation ranges. Claimants diagnosed with cancer can receive a base award of $250,000 while claimants diagnosed with PFAS-related health conditions receive a base award of $50,000. Modifiers are also awarded for years of service (2 times the base amount for between 5 and 7 years of service; 3 times the base amount for between 7 and 10 years of service; and up to 4 times the base award for 10 or more years of service). This means compensation could reach $1 million.
7. Limitations on Claim:
An eligible claimant may receive compensation for only one cancer and one non cancer PFAS related condition. Eligible claimant may submit one claim only, but that single claim may include multiple PFAS-related health conditions. Additionally, claimants are allowed to amend and supplement their claims if they need to provide additional information or include more health conditions.
8. Appeals:
Eligible claimants aggrieved by a determination of the Secretary may appeal to the United States Court of Federal Claims. Review of such appeals shall be de novo. Claimants may submit additional evidence not previously submitted during the claims process.
9. Payments to Eligible Individuals:
The Secretary shall pay compensation to the eligible claimants from the PFAS Trust Fund, subject to certain limitations. Claim must be paid no later than 20 days following award determination.
10. Legal Representation and Fees:
Claimants have the right to legal representation. Attorney’s fees may not exceed the highest percentage allowed under Section 2678 of Title 28 of the United States Code (stating in pertinent part: No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346 (b) of this title or any settlement made pursuant to section 2677 of this title, or in excess of 20 per centum of any award, compromise, or settlement made pursuant to section 2672 of this title.).
11. What are the funding sources:
APFAS Trust fund is established to provide funding for the compensation program through taxes on PFAS manufacturers and contributions. Excise Tax on PFAS Manufacturers equal to 10% of the price of PFAS products sold by the manufacturer is imposed. PFAS Litigation Excise Tax of 10% is imposed on any taxpayer that pays a qualifying PFAS litigation award.
Conclusion
Overall, the bill aims to provide compensation to firefighters who suffer from health conditions related to PFAS exposure during their firefighting duties, funded by taxes on PFAS manufacturers and contributions to a trust fund. On March 21, 2024, the S-4013 was referred to the Senate Finance Committee for consideration. Persons interested in supporting the bill should contact Senators on this committee. We will continue to track this bill and provide updates.
