[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3910 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3910

 To establish a presumption that certain firefighters who are Federal 
   employees and have COVID-19 contracted that disease while in the 
     performance of their official duties, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2020

Mr. Manchin (for himself and Mr. Udall) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish a presumption that certain firefighters who are Federal 
   employees and have COVID-19 contracted that disease while in the 
     performance of their official duties, 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 ``COVID-19 as a Presumptive Disease in 
Wildland Firefighters Act''.

SEC. 2. COVID-19 AND FEDERAL FIREFIGHTERS.

    (a) Definitions.--In this section:
            (1) Fire season.--The term ``fire season'' means the period 
        beginning on May 15, 2020, and ending on November 15, 2020.
            (2) Firefighter.--The term ``firefighter'' means an 
        employee, as that term is defined in section 8101 of title 5, 
        United States Code, who--
                    (A) possesses a certification that qualifies the 
                individual to work on a wildland fire incident 
                (commonly known as an ``Incident Qualification Card''); 
                and
                    (B)(i) occupies a position that identifies wildland 
                firefighting as a primary job duty; or
                    (ii) has been deployed to a wildland fire incident, 
                as documented in--
                            (I) a resource order; or
                            (II) the Interagency Resource Ordering 
                        Capability system administered by the Secretary 
                        of Agriculture or the Secretary of the 
                        Interior.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor, acting through the Director of the Office of Workers' 
        Compensation Programs of the Department of Labor.
            (4) Wildland fire incident.--The term ``wildland fire 
        incident'' means a wildfire that--
                    (A) occurs during the fire season; and
                    (B) is--
                            (i) tracked in the Integrated Reporting of 
                        Wildland-Fire Information service; or
                            (ii) assigned a unique fire code by a 
                        geographic area coordination center.
    (b) Pre-Work Testing.--
            (1) In general.--Consistent with paragraph (2), the 
        Secretary of the Interior and the Secretary of Agriculture 
        shall ensure that each firefighter who is employed by the 
        applicable agency--
                    (A) is tested for--
                            (i) COVID-19; or
                            (ii) symptoms of COVID-19; or
                    (B) self-quarantines for not less than 14 days and 
                is determined to not have symptoms of COVID-19 through 
                the use of a COVID-19 screening tool developed by the 
                Secretary of the Interior and the Secretary of 
                Agriculture.
            (2) Timing of action.--The Secretary of the Interior and 
        the Secretary of Agriculture shall take the applicable action 
        required under paragraph (1)--
                    (A) with respect to a firefighter described in 
                subsection (a)(2)(B)(i)--
                            (i) before the beginning of the fire 
                        season; or
                            (ii) before the firefighter performs any 
                        work as a firefighter during the fire season; 
                        and
                    (B) with respect to a firefighter described in 
                subsection (a)(2)(B)(ii), before the firefighter 
                performs any work as a firefighter during a wildland 
                fire incident.
    (c) Compensation for Work Injuries.--
            (1) In general.--For the purposes of sections 8103 and 8124 
        of title 5, United States Code, a firefighter described in 
        paragraph (2) is deemed to have been injured while in the 
        performance of the duty of the firefighter.
            (2) Eligibility.--
                    (A) In general.--A firefighter is described in this 
                paragraph if--
                            (i)(I) the firefighter records at a 
                        wildland fire incident, duty station, or 
                        medical facility--
                                    (aa) a fever of not less than 100.5 
                                degrees Fahrenheit, as measured with a 
                                thermometer; and
                                    (bb) a blood-oxygen saturation 
                                level of less than 94 percent, as 
                                measured with a pulse oximeter;
                            (II) a qualified physician issues a written 
                        opinion that the firefighter likely has COVID-
                        19; or
                            (III) the firefighter has a positive COVID-
                        19 test result; and
                    (ii) the qualifying event with respect to the 
                firefighter under clause (i) occurs--
                            (I) with respect to a firefighter described 
                        in subsection (a)(2)(B)(i), during the period 
                        beginning on the date on which the fire season 
                        begins and ending on the date that is 28 days 
                        after the date on which the fire season ends; 
                        and
                            (II) with respect to a firefighter 
                        described in subsection (a)(2)(B)(ii), during 
                        the period beginning on the date on which the 
                        firefighter is deployed to the applicable 
                        wildland fire incident and ending on the date 
                        that is 28 days after the date on which that 
                        deployment ends.
                    (B) Research.--The Secretary of the Interior and 
                the Secretary of Agriculture, in consultation with the 
                Secretary, may--
                            (i) research COVID-19 detection methods; 
                        and
                            (ii) modify the list of symptoms described 
                        in subparagraph (A)(i)(I) if any findings made 
                        while conducting research performed under 
                        clause (i) of this subparagraph warrant such a 
                        modification.
            (3) Classification of injury.--With respect to a 
        firefighter to whom the presumption under paragraph (1) 
        applies, the injury suffered by the firefighter shall be 
        considered to result from COVID-19.
            (4) Period of disability.--The period of disability with 
        respect to a firefighter to whom the presumption under 
        paragraph (1) applies shall be determined in accordance with 
        subchapter I of chapter 81 of title 5, United States Code, and 
        the rules issued under that subchapter.
    (d) Claims.--The Secretary may waive or modify the requirements 
under any of paragraphs (1) through (6) of section 8121 of title 5, 
United States Code, with respect to a firefighter to whom the 
presumption under subsection (c)(1) applies if the Secretary determines 
that such waiver or modification is necessary or appropriate in 
carrying out this section.
    (e) Authorization of Procedures.--The Secretary shall expedite, to 
the maximum extent practicable, authorization for the furnishing of 
medical procedures and for bill processing relating to treatment of 
COVID-19 for a firefighter to whom the presumption under subsection 
(c)(1) applies.
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