[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2499 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 2499
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2022
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
To amend chapter 81 of title 5, United States Code, to create a
presumption that a disability or death of a Federal employee in fire
protection activities caused by any of certain diseases is the result
of the performance of such employees duty, 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 ``Federal Firefighters Fairness Act of
2022''.
SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RELATED CAUSE OF
DISABILITY OR DEATH FOR FEDERAL EMPLOYEES IN FIRE
PROTECTION ACTIVITIES.
(a) Presumption Relating to Employees in Fire Protection
Activities.--Subchapter I of chapter 81 of title 5, United States Code,
is amended by inserting after section 8143a the following:
``Sec. 8143b. Employees in fire protection activities.
``(a) Certain Diseases Deemed to Be Proximately Caused by
Employment in Fire Protection Activities.--
``(1) In general.--For a claim under this subchapter of
disability or death of an employee who has been employed for a
minimum of 5 years in aggregate as an employee in fire
protection activities, a disease specified on the list
established under paragraph (2) shall be deemed to be
proximately caused by the employment of such employee.
``(2) Establishment of initial list.--There is established
under this section the following list of diseases:
``(A) Bladder cancer.
``(B) Brain cancer.
``(C) Chronic obstructive pulmonary disease.
``(D) Colorectal cancer.
``(E) Esophageal cancer.
``(F) Kidney cancer.
``(G) Leukemias.
``(H) Lung cancer.
``(I) Mesothelioma.
``(J) Multiple myeloma.
``(K) Non-Hodgkin lymphoma.
``(L) Prostate cancer.
``(M) Skin cancer (melanoma).
``(N) A sudden cardiac event or stroke while, or
not later than 24 hours after, engaging in the
activities described in subsection (b)(1)(C).
``(O) Testicular cancer.
``(P) Thyroid cancer.
``(3) Additions to the list.--
``(A) In general.--The Secretary shall periodically
review the list established under this section in
consultation with the Director of the National
Institute on Occupational Safety and Health and shall
add a disease to the list by rule, upon a showing by a
petitioner or on the Secretary's own determination, in
accordance with this paragraph.
``(B) Basis for determination.--The Secretary shall
add a disease to the list upon a showing by a
petitioner or the Secretary's own determination, based
on the weight of the best available scientific
evidence, that there is a significant risk to employees
in fire protection activities of developing such
disease.
``(C) Available expertise.--In determining
significant risk for purposes of subparagraph (B), the
Secretary may accept as authoritative and may rely upon
recommendations, risk assessments, and scientific
studies (including analyses of National Firefighter
Registry data pertaining to Federal firefighters) by
the National Institute for Occupational Safety and
Health, the National Toxicology Program, the National
Academies of Sciences, Engineering, and Medicine, and
the International Agency for Research on Cancer.
``(4) Petitions to add to the list.--
``(A) In general.--Any person may petition the
Secretary to add a disease to the list under this
section.
``(B) Content of petition.--Such petition shall
provide information to show that there is sufficient
evidence of a significant risk to employees in fire
protection activities of developing such illness or
disease from their employment.
``(C) Timely and substantive decisions.--Not later
than 18 months after receipt of a petition, the
Secretary shall either grant or deny the petition by
publishing in the Federal Register a written
explanation of the reasons for the Secretary's
decision. The Secretary may not deny a petition solely
on the basis of competing priorities, inadequate
resources, or insufficient time for review.
``(D) Notification to congress.--Not later than 30
days after making any decision to approve or deny a
petition under this paragraph, the Secretary shall
notify the Committee on Education and Labor of the
House of Representatives and the Committee on Homeland
Security and Government Affairs of the Senate of such
decision.
``(b) Definitions.--In this section:
``(1) Employee in fire protection activities.--The term
`employee in fire protection activities' means an employee
employed as a firefighter, paramedic, emergency medical
technician, rescue worker, ambulance personnel, or hazardous
material worker, who--
``(A) is trained in fire suppression;
``(B) has the legal authority and responsibility to
engage in fire suppression;
``(C) is engaged in the prevention, control, and
extinguishment of fires or response to emergency
situations where life, property, or the environment is
at risk, including the prevention, control,
suppression, or management of wildland fires; and
``(D) performs such activities as a primary
responsibility of his or her job.
``(2) Secretary.--The term `Secretary' means Secretary of
Labor.''.
(b) Research Cooperation.--Not later than 120 days after the date
of enactment of this Act, the Secretary of Labor shall establish a
process by which a Federal employee in fire protection activities
filing a claim related to a disease on the list established by section
8143b of title 5, United States Code, will be informed about and
offered the opportunity to contribute to science by voluntarily
enrolling in the National Firefighter Registry or a similar research or
public health initiative conducted by the Centers for Disease Control
and Prevention.
(c) Agenda for Further Review.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall--
(1) evaluate the best available scientific evidence of the
risk to an employee in fire protection activities of developing
breast cancer, gynecological cancer, and rhabdomyolysis;
(2) add breast cancer, gynecological cancer, and
rhabdomyolysis to the list established under section 8143b of
title 5, United States Code, by rule in accordance with
subsection (a)(3) of such section, if the Secretary determines
that such evidence supports such addition; and
(3) submit a report of the Secretary's findings under
paragraph (1) and the Secretary's determination under paragraph
(2) to the Committee on Education and Labor of the House and
the Committee on Homeland Security and Governmental Affairs of
the Senate.
(d) Report on Federal Wildland Firefighters.--The Director of the
National Institute for Occupational Safety and Health shall conduct a
comprehensive study on long-term health effects that Federal wildland
firefighters who are eligible to receive workers' compensation under
chapter 81 of title 5, United States Code, experience after being
exposed to fires, smoke, and toxic fumes when in service. Such study
shall include--
(1) the race, ethnicity, age, gender, and time of service
of such Federal wildland firefighters participating in the
study; and
(2) recommendations to Congress on what legislative actions
are needed to support such Federal wildland firefighters in
preventing health issues from this toxic exposure, similar to
veterans that are exposed to burn pits.
(e) Application.--The amendments made by this section shall apply
to claims for compensation filed on or after the date of enactment of
this Act.
(f) Report on Affected Employees.--Beginning 1 year after the date
of enactment of this Act, the Secretary shall include in each annual
report on implementation of the Federal Employees' Compensation Act
program and issues arising under it that the Secretary makes pursuant
to section 8152 of title 5, United States Code, the total number and
demographics of employees with diseases and conditions described in the
amendments made by this Act as of the date of such annual report,
disaggregated by the specific condition or conditions, for the purposes
of understanding the scope of the problem. The Secretary may include
any information they deem necessary and, as appropriate, may make
recommendations for additional actions that could be taken to minimize
the risk of adverse health impacts for Federal employees in fire
protection activities.
SEC. 3. SUBROGATION OF CONTINUATION OF PAY.
(a) Subrogation of the United States.--Section 8131 of title 5,
United States Code, is amended--
(1) in subsection (a), by inserting ``continuation of pay
or'' before ``compensation''; and
(2) in subsection (c), by inserting ``continuation of pay
or'' before ``compensation already paid''.
(b) Adjustment After Recovery From a Third Person.--Section 8132 of
title 5, United States Code, is amended--
(1) by inserting ``continuation of pay or'' before
``compensation'' the first and second place it appears;
(2) by striking ``in his behalf'' and inserting ``on his
behalf'';
(3) by inserting ``continuation of pay and'' before
``compensation'' the third place it appears; and
(4) by striking the 4th sentence and inserting the
following: ``If continuation of pay or compensation has not
been paid to the beneficiary, the money or property shall be
credited against continuation of pay or compensation payable to
him by the United States for the same injury.''.
SEC. 4. PROTECTION OF FIREFIGHTERS FROM TOXIC CHEMICALS AND OTHER
CONTAMINANTS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report that evaluates the health and safety
impacts on employees engaged in fire protection activities that result
from the employees' exposure to toxic chemicals and other contaminants
that could cause human health problems. The report may include
information on--
(1) the degree to which such programs and policies include
consideration of the possibility of toxic exposure of such
employees who may come into contact with residue from fibers,
combusted building materials such as asbestos, household
chemicals, polymers, flame-retardant chemicals, and other
potentially toxic contaminants;
(2) the availability and proper maintenance of professional
protective equipment and secure storage of such equipment in
employees' homes and automotive vehicles;
(3) the availability of home instructions for employees
regarding toxins and contaminants, and the appropriate
procedures to counteract exposure to same;
(4) the employees' interests in protecting the health and
safety of family members from exposure to toxic chemicals and
other contaminants to which the employees may have been
exposed; and
(5) other related factors.
(b) Context.--In preparing the report required under subsection
(a), the Comptroller General of the United States may, as appropriate,
provide information in a format that delineates high risk urban areas
from rural communities.
(c) Department of Labor Consideration.--After issuance of the
report required under subsection (a), the Secretary of Labor shall
consider such report's findings and assess its applicability for
purposes of the amendments made by section 2.
SEC. 5. INCREASE IN TIME-PERIOD FOR FECA CLAIMANT TO SUPPLY SUPPORTING
DOCUMENTATION TO OFFICE OF WORKER'S COMPENSATION.
Not later than 60 days after the date of enactment of this Act, the
Secretary of Labor shall--
(1) amend section 10.121 of title 20, Code of Federal
Regulations, by striking ``30 days'' and inserting ``60 days'';
and
(2) modify the Federal Employees Compensation Act manual to
reflect the changes to such section made by the Secretary
pursuant to paragraph (1).
Passed the House of Representatives May 11, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.