[Congressional Record Volume 155, Number 45 (Monday, March 16, 2009)]
[Senate]
[Pages S3119-S3120]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       By Mr. CARPER (for himself and Ms. Collins):
  S. 599. 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 certain diseases is the 
result of the performance of such employee's duty; to the Committee on 
Homeland Security and Governmental Affairs.
  Ms. COLLINS. Mr. President. I am pleased to join Senator Carper in 
introducing a bill that would provide Federal firefighters with the 
same disability protections that millions of local firefighters across 
the Nation currently enjoy. Federal firefighters put their lives on the 
line each day to protect some of our Nation's most critical assets and 
infrastructure, and these brave men and women deserve the same 
occupational safeguards and benefits as their colleagues at the local 
level.
  Our Nation's Federal firefighters have some of the most hazardous 
jobs in the fire service, but the Federal Government does not presume 
that certain illnesses associated with firefighting are job-related. As 
a result, to qualify for disability retirement, a Federal firefighter 
who suffers from an occupational illness must specify the precise 
exposure that caused his or her illness--an almost insurmountable 
burden.
  The Federal Firefighters Fairness Act of 2009 would alleviate this 
burden by creating a rebuttable presumption that cardiovascular 
disease, certain cancers, and certain infectious diseases contracted by 
Federal firefighters are job-related for purposes of workers' 
compensation and disability retirement.
  Such a presumption will not guarantee that Federal firefighters will 
receive any disability benefits. This legislation would simply switch 
the burden of proof from the sick Federal firefighter and his family to 
the Federal agency employing him.

[[Page S3120]]

  Thus, as a practical matter, if the Federal employing agency can 
demonstrate that a firefighter's illness likely had another cause, then 
such an illness will not be considered job-related. For example, an 
agency that employs a firefighter who smokes and has contracted lung 
cancer would be able to rebut the presumption that the cancer was 
caused by firefighting. Therefore, I believe this legislation contains 
appropriate protections against those illnesses that may be caused by 
activities other than firefighting, providing agencies with a fair 
opportunity to challenge claims without requiring injured firefighters 
to meet the unreasonable burden of proof found in current law.
  This legislation is important and long overdue. If enacted, it would 
relieve Federal fire service personnel of an unnecessary obstacle to 
receiving the badly needed benefits that they deserve when they fall 
ill as a result of their inherently hazardous work environment. Federal 
firefighters work at military installations, nuclear facilities, 
hospitals, and countless other types of Federal facilities. They are 
routinely exposed to toxic substances, biohazards, temperature 
extremes, and stress.

  As a result, firefighters are far more likely to contract heart 
disease, lung disease and cancer than other workers. Indeed, a number 
of scientific studies have found that firefighters have a higher 
incidence of disease overall than the general population. For example, 
a 2006 study conducted by the University of Cincinnati found that 
exposure to soot and toxins creates an increased risk for various 
cancers among firefighters. Further, a 2007 Harvard study found that 
firefighters face a risk of death from heart attack up to 100 times 
higher when involved in fire suppression as compared to non-emergency 
duties.
  It also would not be unprecedented to establish a presumption for 
Federal firefighters. Congress has already extended presumptive 
benefits to various groups, including Peace Corps volunteers, military 
veterans, and public safety officers.
  Outside the Federal Government, 41 States have already enacted 
presumptive disability laws for their municipal firefighters. In Maine, 
for example, the State presumptive benefits law applies to heart, lung, 
and infectious diseases.
  It is fundamentally unfair that firefighters employed by the Federal 
Government are not eligible for disability retirement for the same 
occupational diseases as their municipal counterparts. This disparity 
is especially glaring in instances where Federal firefighters work 
alongside municipal firefighters during mutual aid responses and are 
exposed to the same hazardous conditions, as was the case in the 
response to Hurricane Katrina.
  If the Federal Government wants to be able to recruit and retain 
qualified firefighters, it must be able to offer a benefits package 
that is competitive with the municipal sector, including having 
occupational illness covered by worker's compensation.
  This legislation is supported by many of the fire service groups, 
such as the International Association of Firefighters, the 
International Association of Fire Chiefs, the National Volunteer Fire 
Council, the National Fire Protection Association, and the 
Congressional Fire Services Institute.
   The Federal Firefighters Fairness Act is a straightforward matter of 
equity and sound policy. I believe this bill merits the support of 
every Senator, and I am proud to be an original cosponsor. It is for 
these and other reasons that I urge my colleagues to support the 
Federal Firefighter Fairness Act of 2009.
                                 ______