II
Calendar No. 485
117th CONGRESS
2d Session
S. 1116
[Report No. 117–146]
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. Luján, 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.
Short title
This Act may be cited as the Federal Firefighters Fairness Act of 2021
.
Certain diseases presumed to be work-related cause of disability or death for Federal employees in fire protection activities
Definition
Section 8101 of title 5, United States Code, is amended—
by striking and
at the end of paragraph (19);
by striking the period at the end of paragraph (20) and inserting ; and
; and
by adding at the end the following:
employee in fire protection activities
means a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who—
is trained in fire suppression;
has the legal authority and responsibility to engage in fire suppression;
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
performs such activities as a primary responsibility of his or her job.
.
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:
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.
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.
The following diseases shall be presumed to be proximately caused by the employment of the employee in fire protection activities:
If the employee has been employed for a minimum of 5 years in aggregate as an employee in fire protection activities:
Heart disease.
Lung disease.
The following cancers:
Brain cancer.
Cancer of the blood or lymphatic systems.
Bladder cancer.
Kidney cancer.
Testicular cancer.
Cancer of the digestive system.
Skin cancer.
Cancer of the respiratory system.
Breast cancer.
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.
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.
.
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.
Short title
This Act may be cited as the Federal Firefighters Fairness Act of 2022
.
Certain illnesses and diseases presumed to be work-related cause of disability or death for Federal employees in fire protection activities
Presumption relating to employees in fire protection activities
In general
Subchapter I of chapter 81 of title 5, United States Code, is amended by inserting after section 8143a the following:
Employees in fire protection activities
Definitions
In this section:
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—
is trained in fire suppression;
has the legal authority and responsibility to engage in fire suppression;
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
performs the activities described in subparagraph (C) as a primary responsibility of the job of the employee.
Rule
The term rule has the meaning given the term in section 804.
Secretary
The term Secretary means the Secretary of Labor.
Certain illnesses and diseases deemed to be proximately caused by employment in fire protection activities
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.
Establishment of initial list
There is established under this section the following list of illnesses and diseases:
Bladder cancer.
Brain cancer.
Chronic obstructive pulmonary disease.
Colorectal cancer.
Esophageal cancer.
Kidney cancer.
Leukemias.
Lung cancer.
Mesothelioma.
Multiple myeloma.
Non-Hodgkin lymphoma.
Prostate cancer.
Skin cancer (melanoma).
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).
Testicular cancer.
Thyroid cancer.
Additions to the list
In general
Periodic review
The Secretary shall—
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
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.
Classification
A rule issued by the Secretary under clause (i) shall be considered to be a major rule for the purposes of chapter 8.
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.
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.
.
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.
.
Application
The amendments made by this subsection shall apply to claims for compensation filed on or after the date of enactment of this Act.
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.
Agenda for Further Review
Not later than 3 years after the date of enactment of this Act, the Secretary shall—
evaluate the best available scientific evidence of the risk to an employee in fire protection activities of developing breast cancer, gynecological cancers, and rhabdomyolysis;
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
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—
the findings of the Secretary after making the evaluation required under paragraph (1); and
the determination of the Secretary under paragraph (2).
Report on Federal wildland firefighters
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)).
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.
Requirements
The study required under paragraph (2) shall include—
the race, ethnicity, age, gender, and time of service of the Federal wildland firefighters participating in the study; and
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.
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.
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—
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
may—
include in the report any information with respect to employees in fire protection activities that the Secretary determines to be necessary; and
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.
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—
amend section 10.121 of title 20, Code of Federal Regulations, or any successor regulation, by striking 30 days
and inserting 60 days
; and
modify the Federal Employees’ Compensation Act manual to reflect the changes made by the Secretary pursuant to paragraph (1).
September 13, 2022
Reported with an amendment