119-hr3639

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3639 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3639

 To amend title 38, United States Code, to furnish hospital care and 
 medical services to veterans and dependents who were stationed at 
 military installations at which the veterans and dependents were 
 exposed to perfluorooctanoic acid or other per- and polyfluoroalkyl 
 substances, to provide for a presumption of service connection for 
certain veterans who were stationed at military installations at which 
 the veterans were exposed to such substances, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 29, 2025

 Mr. Lawler (for himself, Mr. Riley of New York, Mr. Fitzpatrick, Ms. 
Tlaib, Mr. Magaziner, Ms. DelBene, Mr. Khanna, Ms. Chu, Mr. Carson, and 
Ms. Pettersen) introduced the following bill; which was referred to the 
 Committee on Veterans' Affairs

_______________________________________________________________________

 A BILL

 To amend title 38, United States Code, to furnish hospital care and 
 medical services to veterans and dependents who were stationed at 
 military installations at which the veterans and dependents were 
 exposed to perfluorooctanoic acid or other per- and polyfluoroalkyl 
 substances, to provide for a presumption of service connection for 
certain veterans who were stationed at military installations at which 
 the veterans were exposed to such substances, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Veterans Exposed to Toxic PFAS Act'' 
or the ``VET PFAS Act''.

SEC. 2. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS 
 EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PER- AND 
 POLYFLUOROALKYL SUBSTANCES.

    (a) Hospital Care and Medical Services for Veterans.--

    (1) In general.--Paragraph

    (1) of 

section 1710

    (e) of title 
 38, United States Code, is amended by adding at the end the 
 following new subparagraph:
 ``
        (J)
            (i) Beginning on the date that is 90 days after the date of 
the enactment of this subparagraph, subject to paragraph

    (2) , a veteran 
who served on active duty in the Armed Forces at a covered military 
installation at which individuals were exposed to substances specified 
in clause
            (ii) is eligible for hospital care and medical services under 
subsection

    (a)

    (2)
        (F) for the diseases, illnesses, or conditions as 
specified in such clause, notwithstanding that there is insufficient 
medical evidence to conclude that such illness or condition is 
attributable to such service.
 ``
            (ii) The substances and diseases, illnesses, or conditions 
specified in this clause are the following:
 ``
            (I) With respect to exposure to perfluorooctanoic acid--
 ``

    (aa) diagnosed high cholesterol;
 ``

    (bb) ulcerative colitis;
 ``
            (cc) thyroid disease;
 ``
            (dd) testicular cancer;
 ``

    (ee) kidney cancer; and
 ``

    (ff) pregnancy-induced hypertension.
 ``
            (II) With respect to exposure to other per- and 
 polyfluoroalkyl substances, any disease, illness, or condition 
 that the Secretary of Veterans Affairs, in consultation with 
 the Administrator of the Agency for Toxic Substances and 
 Disease Registry of the Department of Health and Human 
 Services, determines pursuant to the study conducted under 
 

section 316 of the National Defense Authorization Act for 
 Fiscal Year 2018 (Public Law 115-91) that a positive 
 association exists between exposure to per- and polyfluoroalkyl 
 substances and such disease, illness, or condition.
 ``
            (iii) For purposes of this subparagraph, any service by a member 
of the reserve components for a period specified by the Secretary at a 
covered military installation at which individuals were exposed to 
substances specified in clause
            (ii) shall be treated as active duty 
service, notwithstanding 

section 101

    (21) of this title.
 ``
            (iv) In this subparagraph, the term `covered military 
installation' means a military installation at which individuals were 
exposed to perfluorooctanoic acid or other per- and polyfluoroalkyl 
substances, including exposure through a well that provides water for 
human consumption that is contaminated with such substances.''.

    (2) Limitation.--Paragraph

    (2)
        (B) of such section is 
 amended by striking ``or
            (I) '' and inserting ``
            (I) , or
        (J) ''.

    (b) Family Members.--

    (1) In general.--Subchapter VIII of chapter 17 is amended 
 by adding at the end the following new section:
``

Sec. 1787A. Health care of family members of veterans stationed at 
 certain military installations
 ``

    (a) In General.--Beginning on the date that is 90 days after the 
date of the enactment of this section, subject to subsection

    (b) , a 
family member of a veteran described in clause
            (i) of 

section 1710

    (e)

    (1)
        (J) of this title (or who would be so described but for the 
condition by which the individual was discharged or released from the 
Armed Forces) who resided at a military installation covered by such 
clause or who was in utero while the mother of such family member 
resided at such location shall be eligible for hospital care and 
medical services furnished by the Secretary for any disease, illness, 
or condition for which a veteran may receive hospital care and medical 
services under clause
            (ii) of such section, notwithstanding that there 
is insufficient medical evidence to conclude that such disease, 
illness, or condition is attributable to such residence.
 ``

    (b) Limitations.--

    (1) The Secretary may only furnish hospital 
care and medical services under subsection

    (a) to the extent and in the 
amount provided in advance in appropriations Acts for such purpose.
 ``

    (2) Hospital care and medical services may not be furnished under 
subsection

    (a) for a disease, illness, or condition of a family member 
that is found, in accordance with guidelines issued by the Under 
Secretary for Health, to have resulted from a cause other than the 
residence of the family member described in that subsection.
 ``

    (3) The Secretary may provide reimbursement for hospital care or 
medical services provided to a family member under this section only 
after the family member or the provider of such care or services has 
exhausted without success all claims and remedies reasonably available 
to the family member or provider against a third party (as defined in 

section 1725

    (f) of this title) for payment of such care or services, 
including with respect to health-plan contracts (as defined in such 
section).''.

    (2) Clerical amendment.--The table of sections at the 
 beginning of such chapter is amended by inserting after the 
 item relating to 

section 1787 the following new item:

``1787A. Health care of family members of veterans stationed at certain 
 military installations.''.
            (c) Annual Reports.--

    (1) In general.--During the three-year period beginning in 
 the year in which the study conducted under 

section 316 of the 
 National Defense Authorization Act for Fiscal Year 2018 (Public 
 Law 115-91) is submitted to Congress, the Secretary of Veterans 
 Affairs shall submit to the Committee on Veterans' Affairs of 
 the Senate and the Committee on Veterans' Affairs of the House 
 of Representatives an annual report on the care and services 
 provided under sections 1710

    (e)

    (1)
        (J) and 1787A of title 38, 
 United States Code (as added by subsections

    (a) and

    (b)

    (1) , 
 respectively).

    (2) Elements.--Each report under paragraph

    (1) shall set 
 forth the following:
        (A) The number of veterans and family members 
 provided hospital care and medical services under the 
 provisions of law specified in paragraph

    (1) during the 
 period covered by the report.
        (B) The illnesses, conditions, and disabilities for 
 which care and services have been provided such 
 veterans and family members under such provisions of 
 law during that period.
            (C) The number of veterans and family members who 
 applied for care and services under such provisions of 
 law during that period but were denied, including 
 information on the reasons for such denials.
            (D) The number of veterans and family members who 
 applied for care and services under such provisions of 
 law and are awaiting a decision from the Secretary on 
 eligibility for such care and services as of the date 
 of such report.

    (3) Veteran defined.--In this subsection, the term 
 ``veteran'' includes a former member of the reserve components 
 of the Armed Forces covered by such 

section 1710

    (e)

    (1)
        (J) .

SEC. 3. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN VETERANS EXPOSED 
 TO PERFLUOROOCTANOIC ACID OR OTHER PER- AND 
 POLYFLUOROALKYL SUBSTANCES.

    (a) In General.--Chapter 11 of title 38, United States Code, is 
amended by inserting after 

section 1116B the following new section:
``

Sec. 1116C. Presumption of service connection for certain veterans 
 exposed to perfluorooctanoic acid or other per- and 
 polyfluoroalkyl substances
 ``

    (a) Presumption of Service Connection.--

    (1) For the purposes of 

section 1110 of this title, and subject to 

section 1113 of this title, 
each disease or illness specified in subsection

    (b) that becomes 
manifest in a veteran described in paragraph

    (2) shall be considered to 
have been incurred or aggravated in the line of duty in the active 
military, naval, or air service, notwithstanding that there is no 
record of evidence of such disease or illness during the period of such 
service.
 ``

    (2) A veteran described in this paragraph is a veteran who, 
during active military, naval, or air service, served at a military 
installation at which individuals were exposed to perfluorooctanoic 
acid or other per- and polyfluoroalkyl substances, including exposure 
through a well that provides water for human consumption that is 
contaminated with such substances.
 ``

    (b) Diseases or Illnesses.--A disease or illness specified in 
this subsection is any of the following:
 ``

    (1) With respect to exposure to perfluorooctanoic acid--
 ``
        (A) diagnosed high cholesterol;
 ``
        (B) ulcerative colitis;
 ``
            (C) thyroid disease;
 ``
            (D) testicular cancer;
 ``
        (E) kidney cancer; and
 ``
        (F) pregnancy-induced hypertension.
 ``

    (2) With respect to exposure to other per- and 
 polyfluoroalkyl substances, any other disease, illness, or 
 condition that the Secretary of Veterans Affairs, in 
 consultation with the Administrator of the Agency for Toxic 
 Substances and Disease Registry of the Department of Health and 
 Human Services, determines pursuant to the study conducted 
 under 

section 316 of the National Defense Authorization Act for 
 Fiscal Year 2018 (Public Law 115-91) that a positive 
 association exists between exposure to per- and polyfluoroalkyl 
 substances and such disease or illness.
 ``
            (c) Active Military, Naval, or Air Service.--For purposes of this 
section, any service by a member of the reserve components for a period 
specified by the Secretary at a military installation described in 
subsection

    (a)

    (2) shall be treated as active military, naval, or air 
service, notwithstanding 

section 101

    (24) of this title.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to 

section 1116B the following new item:

``1116C. Presumption of service connection for certain veterans exposed 
 to perfluorooctanoic acid or other per- and 
 polyfluoroalkyl substances.''.
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