[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1116 Reported in Senate (RS)]
<DOC>
Calendar No. 485
117th CONGRESS
2d Session
S. 1116
[Report No. 117-146]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2021
Mr. Carper (for himself, Ms. Collins, Mrs. Feinstein, Mr. King, Mr. Van
Hollen, Ms. Duckworth, Ms. Rosen, Mr. Tester, Mr. Markey, Mr.
Blumenthal, Mr. Brown, Mrs. Fischer, Ms. Cortez Masto, Ms. Warren, Mr.
Ossoff, Ms. Sinema, Ms. Hassan, Mr. Padilla, Mr. Heinrich, Mr. Lujan,
Mr. Merkley, Mrs. Murray, Mr. Wyden, Ms. Smith, Mr. Durbin, and Ms.
Baldwin) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
September 13, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Federal Firefighters
Fairness Act of 2021''.</DELETED>
<DELETED>SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RELATED CAUSE OF
DISABILITY OR DEATH FOR FEDERAL EMPLOYEES IN FIRE
PROTECTION ACTIVITIES.</DELETED>
<DELETED> (a) Definition.--Section 8101 of title 5, United States
Code, is amended--</DELETED>
<DELETED> (1) by striking ``and'' at the end of paragraph
(19);</DELETED>
<DELETED> (2) by striking the period at the end of paragraph
(20) and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(21) `employee in fire protection
activities' means a firefighter, paramedic, emergency
medical technician, rescue worker, ambulance personnel,
or hazardous material worker, who--</DELETED>
<DELETED> ``(A) is trained in fire
suppression;</DELETED>
<DELETED> ``(B) has the legal authority and
responsibility to engage in fire
suppression;</DELETED>
<DELETED> ``(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;
and</DELETED>
<DELETED> ``(D) performs such activities as
a primary responsibility of his or her
job.''.</DELETED>
<DELETED> (b) Presumption Relating to Employees in Fire Protection
Activities.--Section 8102 of title 5, United States Code, is amended by
adding at the end the following:</DELETED>
<DELETED> ``(c)(1) With regard to an employee in fire protection
activities, a disease specified in paragraph (3) shall be presumed to
be proximately caused by the employment of such employee, subject to
the length of service requirements specified. The disability or death
of an employee in fire protection activities due to such a disease
shall be presumed to result from personal injury sustained while in the
performance of such employee's duty. Such presumptions may be rebutted
by a preponderance of the evidence from the employing agency.</DELETED>
<DELETED> ``(2) Such presumptions apply only if the employee in fire
protection activities is diagnosed with the disease for which
presumption is sought within 10 years of the last active date of
employment as an employee in fire protection activities.</DELETED>
<DELETED> ``(3) The following diseases shall be presumed to be
proximately caused by the employment of the employee in fire protection
activities:</DELETED>
<DELETED> ``(A) If the employee has been employed for a
minimum of 5 years in aggregate as an employee in fire
protection activities:</DELETED>
<DELETED> ``(i) Heart disease.</DELETED>
<DELETED> ``(ii) Lung disease.</DELETED>
<DELETED> ``(iii) The following cancers:</DELETED>
<DELETED> ``(I) Brain cancer.</DELETED>
<DELETED> ``(II) Cancer of the blood or
lymphatic systems.</DELETED>
<DELETED> ``(III) Bladder cancer.</DELETED>
<DELETED> ``(IV) Kidney cancer.</DELETED>
<DELETED> ``(V) Testicular cancer.</DELETED>
<DELETED> ``(VI) Cancer of the digestive
system.</DELETED>
<DELETED> ``(VII) Skin cancer.</DELETED>
<DELETED> ``(VIII) Cancer of the respiratory
system.</DELETED>
<DELETED> ``(IX) Breast cancer.</DELETED>
<DELETED> ``(iv) Any other cancer the contraction of
which the Secretary of Labor through regulations
determines to be related to the hazards to which an
employee in fire protection activities may be
subject.</DELETED>
<DELETED> ``(B) Regardless of the length of time an employee
in fire protection activities has been employed, any
communicable disease that has been determined to be a pandemic
by the World Health Organization or the United States Centers
for Disease Control and Prevention, or any chronic infectious
disease, the contraction of which the Secretary of Labor
through regulations determines to be related to the hazards to
which an employee in fire protection activities may be
subject.''.</DELETED>
<DELETED> (c) Application.--The amendments made by this section
shall apply to a covered disability or death that occurs on or after
the date of the enactment of this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Firefighters Fairness Act of
2022''.
SEC. 2. CERTAIN ILLNESSES AND 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.--
(1) In general.--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) 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 in which life, property, or the environment
is at risk, including the prevention, control,
suppression, or management of wildland fires; and
``(D) performs the activities described in
subparagraph (C) as a primary responsibility of the job
of the employee.
``(2) Rule.--The term `rule' has the meaning given the term
in section 804.
``(3) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(b) Certain Illnesses and 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
not less than 5 years in aggregate as an employee in fire
protection activities, an illness or disease specified on the
list established under paragraph (2) shall be deemed to be
proximately caused by the employment of that employee, if the
employee is diagnosed with that illness or disease not later
than 10 years after the last active date of employment as an
employee in fire protection activities.
``(2) Establishment of initial list.--There is established
under this section the following list of illnesses and
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 suffered
while, or not later than 24 hours after, engaging in
the activities described in subsection (a)(1)(C).
``(O) Testicular cancer.
``(P) Thyroid cancer.
``(3) Additions to the list.--
``(A) In general.--
``(i) Periodic review.--The Secretary
shall--
``(I) in consultation with the
Director of the National Institute for
Occupational Safety and Health and any
advisory committee determined
appropriate by the Secretary,
periodically review the list
established under paragraph (2); and
``(II) if the Secretary determines
that the weight of the best available
scientific evidence warrants adding an
illness or disease to the list
established under paragraph (2), as
described in subparagraph (B) of this
paragraph, make such an addition
through a rule that clearly identifies
that scientific evidence.
``(ii) Classification.--A rule issued by
the Secretary under clause (i) shall be
considered to be a major rule for the purposes
of chapter 8.
``(B) Basis for determination.--The Secretary shall
add an illness or disease to the list established under
paragraph (2) based on the weight of the best available
scientific evidence that there is a significant risk to
employees in fire protection activities of developing
that illness or 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.''.
(2) Technical and conforming amendment.--The table of
sections for subchapter I of chapter 81 of title 5, United
States Code, is amended by inserting after the item relating to
section 8143a the following:
``8143b. Employees in fire protection activities.''.
(3) Application.--The amendments made by this subsection
shall apply to claims for compensation filed on or after the
date of enactment of this Act.
(b) Research Cooperation.--Not later than 120 days after the date
of enactment of this Act, the Secretary of Labor (referred to in this
section as the ``Secretary'') shall establish a process by which an
employee in fire protection activities, as defined in subsection (a) of
section 8143b of title 5, United States Code, as added by subsection
(a) of this section (referred to in this section as an ``employee in
fire protection activities''), filing a claim under chapter 81 of title
5, United States Code, as amended by this Act, relating to an illness
or disease on the list established under subsection (b)(2) of such
section 8143b (referred to in this section as ``the list''), as the
list may be updated under such section 8143b, shall 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 cancers, and rhabdomyolysis;
(2) add breast cancer, gynecological cancers, and
rhabdomyolysis to the list, by rule in accordance with
subsection (b)(3) of section 8143b of title 5, United States
Code, as added by subsection (a) of this section, if the
Secretary determines that such evidence supports that addition;
and
(3) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Education and Labor of the House of Representatives a report
containing--
(A) the findings of the Secretary after making the
evaluation required under paragraph (1); and
(B) the determination of the Secretary under
paragraph (2).
(d) Report on Federal Wildland Firefighters.--
(1) Definition.--In this subsection, the term ``Federal
wildland firefighter'' means an individual occupying a position
in the occupational series developed pursuant to section
40803(d)(1) of the Infrastructure Investment and Jobs Act (16
U.S.C. 6592(d)(1)).
(2) Study.--The Secretary of the Interior and the Secretary
of Agriculture, in consultation with 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
compensation for work injuries under chapter 81 of title 5,
United States Code, as amended by this Act, experience after
being exposed to fires, smoke, and toxic fumes when in service.
(3) Requirements.--The study required under paragraph (2)
shall include--
(A) the race, ethnicity, age, gender, and time of
service of the Federal wildland firefighters
participating in the study; and
(B) recommendations to Congress regarding what
legislative actions are needed to support the Federal
wildland firefighters described in subparagraph (A) in
preventing health issues from the toxic exposure
described in paragraph (2), similar to veterans who are
exposed to burn pits.
(4) Submission and publication.--The Secretary of the
Interior and the Secretary of Agriculture shall submit the
results of the study conducted under this subsection to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Education and Labor of the House of
Representatives and make those results publicly available.
(e) Report on Affected Employees.--Beginning on the date that is 1
year after the date of enactment of this Act, with respect to each
annual report required under section 8152 of title 5, United States
Code, the Secretary--
(1) shall include in the report the total number of, and
demographics regarding, employees in fire protection activities
with illnesses and diseases described in the list (as the list
may be updated under this Act and the amendments made by this
Act), as of the date on which that annual report is submitted,
which shall be disaggregated by the specific illness or disease
for the purposes of understanding the scope of the problem
facing those employees; and
(2) may--
(A) include in the report any information with
respect to employees in fire protection activities that
the Secretary determines to be necessary; and
(B) as appropriate, make recommendations in the
report for additional actions that could be taken to
minimize the risk of adverse health impacts for
employees in fire protection activities.
SEC. 3. 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, or any successor regulation, by striking ``30
days'' and inserting ``60 days''; and
(2) modify the Federal Employees' Compensation Act manual
to reflect the changes made by the Secretary pursuant to
paragraph (1).
Calendar No. 485
117th CONGRESS
2d Session
S. 1116
[Report No. 117-146]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
September 13, 2022
Reported with an amendment