[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 599 Reported in Senate (RS)]

                                                       Calendar No. 160
111th CONGRESS
  1st Session
                                 S. 599

                          [Report No. 111-75]

    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 employee's duty.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2009

 Mr. Carper (for himself, Ms. Collins, Mr. Inhofe, Mr. Whitehouse, Mr. 
Lieberman, Mr. Dodd, Mr. Kerry, Mrs. Boxer, Mr. Wyden, Mr. Bennet, Mrs. 
Murray, Ms. Landrieu, Mr. Bingaman, Mr. Kennedy, Mr. Begich, Mr. Webb, 
and Mr. Brown) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                           September 14, 2009

               Reported by Mr. Lieberman, with amendments
  [Omit the part struck through 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 employee's duty.

    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 
2009''.

                 TITLE I--FEDERAL FIREFIGHTERS FAIRNESS

SEC. <DELETED>2.</DELETED>101. CERTAIN DISEASES PRESUMED TO BE WORK-
              RELATED CAUSE OF DISABILITY OR DEATH FOR FEDERAL 
              EMPLOYEES IN FIRE PROTECTION ACTIVITIES.

    (a) Definition.--Section 8101 of title 5, United States Code, is 
amended by adding at the end the following:
            ``(21) `employee in fire protection activities' means 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; and
                    ``(D) performs such activities as a primary 
                responsibility of his or her job.''.
    (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 new subsection:
    ``(c)(1) With regard to an employee in fire protection activities, 
a disease specified in paragraph (2) 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.
    ``(2) The following diseases shall be presumed to be proximately 
caused by the employment of the employee:
            ``(A) If the employee has been employed for a minimum of 5 
        years:
                    ``(i) Heart disease.
                    ``(ii) Lung disease.
                    ``(iii) The following cancers:
                            ``(I) Brain cancer.
                            ``(II) Cancer of the blood or lymphatic 
                        systems.
                            ``(III) Leukemia.
                            ``(IV) Lymphoma (except Hodgkin's disease).
                            ``(V) Multiple myeloma.
                            ``(VI) Bladder cancer.
                            ``(VII) Kidney cancer.
                            ``(VIII) Testicular cancer.
                            ``(IX) Cancer of the digestive system.
                            ``(X) Colon cancer.
                            ``(XI) Liver cancer.
                            ``(XII) Skin cancer.
                            ``(XIII) Lung cancer.
                    ``(iv) Any other cancer the contraction of which 
                the Secretary of Labor determines to be related to the 
                hazards to which an employee in fire protection 
                activities may be subject.
            ``(B) Regardless of the length of time an employee has been 
        employed, any uncommon infectious disease, including 
        tuberculosis, hepatitis A, B, or C, and the human 
        immunodeficiency virus (HIV), the contraction of which the 
        Secretary of Labor determines to be related to the hazards to 
        which an employee in fire protection activities may be 
        subject.''.
    (c) Report.--Not later than 10 years after the date of enactment of 
this Act, the National Institute of Occupational Safety and Health in 
the Centers for Disease Control and Prevention shall examine the 
implementation of this <DELETED>Act</DELETED>title and appropriate 
scientific and medical data related to the health risks associated with 
firefighting and submit to Congress a report which shall include--
            (1) an analysis of the injury claims made under this 
        <DELETED>Act</DELETED>title;
            (2) an analysis of the available research related to the 
        health risks associated with firefighting; and
            (3) recommendations for any administrative or legislative 
        actions necessary to ensure that those diseases most associated 
        with firefighting are included in the presumption created by 
        this <DELETED>Act</DELETED>title.
    (d) Effective Date.--The amendment made by this section applies to 
an injury that is first diagnosed, or a death that occurs, on or after 
the date of enactment of this Act.

  TITLE II--NOTIFICATIONS OF POSSIBLE EXPOSURE TO INFECTIOUS DISEASES

SEC. 201. INFECTIOUS DISEASES AND CIRCUMSTANCES RELEVANT TO 
              NOTIFICATION REQUIREMENTS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services 
(referred to in this title as the ``Secretary'') shall complete the 
development of--
            (1) a list of potentially life-threatening infectious 
        diseases to which emergency response employees may be exposed 
        in responding to emergencies;
            (2) guidelines describing the circumstances in which such 
        employees may be exposed to such diseases, taking into account 
        the conditions under which emergency response is provided; and
            (3) guidelines describing the manner in which medical 
        facilities should make determinations for purposes of section 
        203(d).
    (b) Specification of Airborne Infectious Diseases.--The list 
developed by the Secretary under subsection (a)(1) shall include a 
specification of those infectious diseases on the list that are 
routinely transmitted through airborne or aerosolized means.
    (c) Dissemination.--The Secretary shall--
            (1) transmit to State public health officers copies of the 
        list and guidelines developed by the Secretary under subsection 
        (a) with the request that the officers disseminate such copies 
        as appropriate throughout the States; and
            (2) make such copies available to the public.

SEC. 202. ROUTINE NOTIFICATIONS WITH RESPECT TO AIRBORNE INFECTIOUS 
              DISEASES IN VICTIMS ASSISTED.

    (a) Routine Notification of Designated Officer.--
            (1) Determination by treating facility.--If a victim of an 
        emergency is transported by emergency response employees to a 
        medical facility and the medical facility makes a determination 
        that the victim has an airborne infectious disease, the medical 
        facility shall notify the designated officer of the emergency 
        response employees who transported the victim to the medical 
        facility of the determination.
            (2) Determination by facility ascertaining cause of 
        death.--If a victim of an emergency is transported by emergency 
        response employees to a medical facility and the victim dies at 
        or before reaching the medical facility, the medical facility 
        ascertaining the cause of death shall notify the designated 
        officer of the emergency response employees who transported the 
        victim to the initial medical facility of any determination by 
        the medical facility that the victim had an airborne infectious 
        disease.
    (b) Requirement of Prompt Notification.--With respect to a 
determination described in paragraph (1) or (2) of subsection (a), the 
notification required in each of such paragraphs shall be made as soon 
as is practicable, but not later than 48 hours after the determination 
is made.

SEC. 203. REQUEST FOR NOTIFICATIONS WITH RESPECT TO VICTIMS ASSISTED.

    (a) Initiation of Process by Employee.--If an emergency response 
employee believes that the employee may have been exposed to an 
infectious disease by a victim of an emergency who was transported to a 
medical facility as a result of the emergency, and if the employee 
attended, treated, assisted, or transported the victim pursuant to the 
emergency, then the designated officer of the employee shall, upon the 
request of the employee, carry out the duties described in subsection 
(b) regarding a determination of whether the employee may have been 
exposed to an infectious disease by the victim.
    (b) Initial Determination by Designated Officer.--The duties 
referred to in subsection (a) are that--
            (1) the designated officer involved collect the facts 
        relating to the circumstances under which, for purposes of 
        subsection (a), the employee involved may have been exposed to 
        an infectious disease; and
            (2) the designated officer evaluate such facts and make a 
        determination of whether, if the victim involved had any 
        infectious disease included on the list issued under paragraph 
        (1) of section 201(a), the employee would have been exposed to 
        the disease under such facts, as indicated by the guidelines 
        issued under paragraph (2) of such section.
    (c) Submission of Request to a Medical Facility.--
            (1) In general.--If a designated officer makes a 
        determination under subsection (b)(2) that an emergency 
        response employee may have been exposed to an infectious 
        disease, the designated officer shall submit to the medical 
        facility to which the victim involved was transported a request 
        for a response under subsection (d) regarding the victim of the 
        emergency involved.
            (2) Form of request.--A request under paragraph (1) shall 
        be in writing and be signed by the designated officer involved, 
        and shall contain a statement of the facts collected pursuant 
        to subsection (b)(1).
    (d) Evaluation and Response Regarding Request to Medical 
Facility.--
            (1) In general.--If a medical facility receives a request 
        under subsection (c), the medical facility shall evaluate the 
        facts submitted in the request and make a determination of 
        whether, on the basis of the medical information possessed by 
        the facility regarding the victim involved, the emergency 
        response employee was exposed to an infectious disease included 
        on the list issued under paragraph (1) of section 201(a), as 
        indicated by the guidelines issued under paragraph (2) of such 
        section.
            (2) Notification of exposure.--If a medical facility makes 
        a determination under paragraph (1) that the emergency response 
        employee involved has been exposed to an infectious disease, 
        the medical facility shall, in writing, notify the designated 
        officer who submitted the request under subsection (c) of the 
        determination.
            (3) Finding of no exposure.--If a medical facility makes a 
        determination under paragraph (1) that the emergency response 
        employee involved has not been exposed to an infectious 
        disease, the medical facility shall, in writing, inform the 
        designated officer who submitted the request under subsection 
        (c) of the determination.
            (4) Insufficient information.--
                    (A) If a medical facility finds in evaluating facts 
                for purposes of paragraph (1) that the facts are 
                insufficient to make the determination described in 
                such paragraph, the medical facility shall, in writing, 
                inform the designated officer who submitted the request 
                under subsection (c) of the insufficiency of the facts.
                    (B)(i) If a medical facility finds in making a 
                determination under paragraph (1) that the facility 
                possesses no information on whether the victim involved 
                has an infectious disease included on the list under 
                section 201(a), the medical facility shall, in writing, 
                inform the designated officer who submitted the request 
                under subsection (c) of the insufficiency of such 
                medical information.
                    (ii) If after making a response under clause (i) a 
                medical facility determines that the victim involved 
                has an infectious disease, the medical facility shall 
                make the determination described in paragraph (1) and 
                provide the applicable response specified in this 
                subsection.
    (e) Time for Making Response.--After receiving a request under 
subsection (c) (including any such request resubmitted under subsection 
(g)(2)), a medical facility shall make the applicable response 
specified in subsection (d) as soon as is practicable, but not later 
than 48 hours after receiving the request.
    (f) Death of Victim of Emergency.--
            (1) Facility ascertaining cause of death.--If a victim 
        described in subsection (a) dies at or before reaching the 
        medical facility involved, and the medical facility receives a 
        request under subsection (c), the medical facility shall 
        provide a copy of the request to the medical facility 
        ascertaining the cause of death of the victim, if such facility 
        is a different medical facility than the facility that received 
        the original request.
            (2) Responsibility of facility.--Upon the receipt of a copy 
        of a request for purposes of paragraph (1), the duties 
        otherwise established in this title regarding medical 
        facilities shall apply to the medical facility ascertaining the 
        cause of death of the victim in the same manner and to the same 
        extent as such duties apply to the medical facility originally 
        receiving the request.
    (g) Assistance of Public Health Officer.--
            (1) Evaluation of response of medical facility regarding 
        insufficient facts.--
                    (A) In the case of a request under subsection (c) 
                to which a medical facility has made the response 
                specified in subsection (d)(4)(A) regarding the 
                insufficiency of facts, the public health officer for 
                the community in which the medical facility is located 
                shall evaluate the request and the response, if the 
                designated officer involved submits such documents to 
                the officer with the request that the officer make such 
                an evaluation.
                    (B) As soon as is practicable after a public health 
                officer receives a request under paragraph (1), but not 
                later than 48 hours after receipt of the request, the 
                public health officer shall complete the evaluation 
                required in such paragraph and inform the designated 
                officer of the results of the evaluation.
            (2) Findings of evaluation.--
                    (A) If an evaluation under paragraph (1)(A) 
                indicates that the facts provided to the medical 
                facility pursuant to subsection (c) were sufficient for 
                purposes of determinations under subsection (d)(1)--
                            (i) the public health officer shall, on 
                        behalf of the designated officer involved, 
                        resubmit the request to the medical facility; 
                        and
                            (ii) the medical facility shall provide to 
                        the designated officer the applicable response 
                        specified in subsection (d).
                    (B) If an evaluation under paragraph (1)(A) 
                indicates that the facts provided in the request to the 
                medical facility were insufficient for purposes of 
                determinations specified in subsection (c)--
                            (i) the public health officer shall provide 
                        advice to the designated officer regarding the 
                        collection and description of appropriate 
                        facts; and
                            (ii) if sufficient facts are obtained by 
                        the designated officer--
                                    (I) the public health officer 
                                shall, on behalf of the designated 
                                officer involved, resubmit the request 
                                to the medical facility; and
                                    (II) the medical facility shall 
                                provide to the designated officer the 
                                appropriate response under subsection 
                                (c).

SEC. 204. PROCEDURES FOR NOTIFICATION OF EXPOSURE.

    (a) Contents of Notification to Officer.--In making a notification 
required under section 202 or 203(d)(2), a medical facility shall 
provide--
            (1) the name of the infectious disease involved; and
            (2) the date on which the victim of the emergency involved 
        was transported by emergency response employees to the medical 
        facility involved.
    (b) Manner of Notification.--If a notification under section 202 or 
203(d)(2) is mailed or otherwise indirectly made--
            (1) the medical facility sending the notification shall, 
        upon sending the notification, inform the designated officer to 
        whom the notification is sent of the fact that the notification 
        has been sent; and
            (2) such designated officer shall, not later than 10 days 
        after being informed by the medical facility that the 
        notification has been sent, inform such medical facility 
        whether the designated officer has received the notification.

SEC. 205. NOTIFICATION OF EMPLOYEE.

    (a) In General.--After receiving a notification for purposes of 
section 202 or 203(d)(2), a designated officer of emergency response 
employees shall, to the extent practicable, immediately notify each of 
such employees who--
            (1) responded to the emergency involved; and
            (2) as indicated by guidelines developed by the Secretary, 
        may have been exposed to an infectious disease.
    (b) Certain Contents of Notification to Employee.--A notification 
under this subsection to an emergency response employee shall inform 
the employee of--
            (1) the fact that the employee may have been exposed to an 
        infectious disease and the name of the disease involved;
            (2) any action by the employee that, as indicated by 
        guidelines developed by the Secretary, is medically 
        appropriate; and
            (3) if medically appropriate under such criteria, the date 
        of such emergency.
    (c) Responses Other Than Notification of Exposure.--After receiving 
a response under paragraph (3) or (4) of subsection (d) of section 203, 
or a response under subsection (g)(1) of such section, the designated 
officer for the employee shall, to the extent practicable, immediately 
inform the employee of the response.

SEC. 206. SELECTION OF DESIGNATED OFFICERS.

    (a) In General.--For the purposes of receiving notifications and 
responses and making requests under this title on behalf of emergency 
response employees, the public health officer of each State shall 
designate 1 official or officer of each employer of emergency response 
employees in the State.
    (b) Preference in Making Designations.--In making the designations 
required in subsection (a), a public health officer shall give 
preference to individuals who are trained in the provision of health 
care or in the control of infectious diseases.

SEC. 207. LIMITATIONS WITH RESPECT TO DUTIES OF MEDICAL FACILITIES.

    The duties established in this title for a medical facility--
            (1) shall apply only to medical information possessed by 
        the facility during the period in which the facility is 
        treating the victim for conditions arising from the emergency, 
        or during the 60-day period beginning on the date on which the 
        victim is transported by emergency response employees to the 
        facility, whichever period expires first; and
            (2) shall not apply to any extent after the expiration of 
        the 30-day period beginning on the expiration of the applicable 
        period referred to in paragraph (1), except that such duties 
        shall apply with respect to any request under section 203(c) 
        received by a medical facility before the expiration of such 
        30-day period.

SEC. 208. RULES OF CONSTRUCTION.

    (a) Liability of Medical Facilities and Designated Officers.--This 
title may not be construed to authorize any cause of action for damages 
or any civil penalty against any medical facility, or any designated 
officer, for failure to comply with the duties established in this 
title.
    (b) Testing.--This title may not, with respect to victims of 
emergencies, be construed to authorize or require a medical facility to 
test any such victim for any infectious disease.
    (c) Confidentiality.--This title may not be construed to authorize 
or require any medical facility, any designated officer of emergency 
response employees, or any such employee, to disclose identifying 
information with respect to a victim of an emergency or with respect to 
an emergency response employee.
    (d) Failure to Provide Emergency Services.--This title may not be 
construed to authorize any emergency response employee to fail to 
respond, or to deny services, to any victim of an emergency.

SEC. 209. INJUNCTIONS REGARDING VIOLATION OF PROHIBITION.

    (a) In General.--The Secretary may, in any court of competent 
jurisdiction, commence a civil action for the purpose of obtaining 
temporary or permanent injunctive relief with respect to any violation 
of this title.
    (b) Facilitation of Information on Violations.--The Secretary shall 
establish an administrative process for encouraging emergency response 
employees to provide information to the Secretary regarding violations 
of this title. As appropriate, the Secretary shall investigate alleged 
such violations and seek appropriate injunctive relief.

SEC. 210. APPLICABILITY OF TITLE.

    This title shall not apply in a State if the chief executive 
officer of the State certifies to the Secretary that the law of the 
State is in substantial compliance with this title.
                                                       Calendar No. 160

111th CONGRESS

  1st Session

                                 S. 599

                          [Report No. 111-75]

_______________________________________________________________________

                                 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 employee's duty.

_______________________________________________________________________

                           September 14, 2009

                        Reported with amendments