[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