[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3545-S3546]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2110. Mr. CARPER (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. 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--
       (1) in paragraph (18), by striking ``and'' at the end;
       (2) in paragraph (19), by striking ``and'' at the end;
       (3) in paragraph (20), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(21) `employee in fire protection activities' means an 
     employee--
       ``(A) serving as a firefighter, a paramedic, an emergency 
     medical technician, a rescue worker, ambulance personnel, or 
     a hazardous material worker; and
       ``(B) who--
       ``(i) is trained in fire suppression;
       ``(ii) has the legal authority and responsibility to engage 
     in fire suppression;
       ``(iii) 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; and
       ``(iv) performs such activities as a primary responsibility 
     of the duty of the employee.''.
       (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:
       ``(c)(1) Subject to paragraph (2), and any length of 
     service limitation under paragraph (3), with respect to an 
     employee in fire protection activities--
       ``(A) a disease described in paragraph (3) shall be 
     presumed to be proximately caused by the employment of the 
     employee; and
       ``(B) the disability or death of the employee due to a 
     disease described in paragraph (3) shall be presumed to 
     result from personal injury sustained while in the 
     performance of the duty of the employee.
       ``(2) With respect to any presumption described in 
     paragraph (1)--
       ``(A) the presumption shall apply with respect to an 
     employee in fire protection activities only if the employee 
     is diagnosed with the disease with respect to which the 
     presumption is sought not later than 10 years after the last 
     day on which the employee is an active employee in fire 
     protection activities; and
       ``(B) the presumption may be rebutted by a preponderance of 
     the evidence.
       ``(3) The following diseases shall be presumed to be 
     proximately caused by the employment of an employee in fire 
     protection activities:
       ``(A) If the employee has been employed for not less than 5 
     years in the aggregate as an employee in fire protection 
     activities:
       ``(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.
       ``(XIV) Breast cancer.
       ``(iv) Any other cancer, the contraction of which the 
     Secretary of Labor, by rule, determines to be related to the 
     hazards to which

[[Page S3546]]

     an employee in fire protection activities may be subject.
       ``(B) Without regard to the length of time that an employee 
     in fire protection activities has been employed, any uncommon 
     infectious disease, including--
       ``(i) tuberculosis;
       ``(ii) hepatitis A, B, or C;
       ``(iii) the human immunodeficiency virus (commonly known as 
     `HIV'); and
       ``(iv) any other uncommon infectious disease, the 
     contraction of which the Secretary of Labor, by rule, 
     determines to be related to the hazards to which an employee 
     in fire protection activities may be subject.''.
       (c) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Director of the National Institute 
     for Occupational Safety and Health shall--
       (1) examine the implementation of this section, and the 
     amendments made by this section, and appropriate scientific 
     and medical data relating to the health risks associated with 
     firefighting; and
       (2) submit to Congress a report, which shall include--
       (A) an analysis of the claims for compensation made under 
     the amendments made by this section;
       (B) an analysis of the available research relating to the 
     health risks associated with firefighting; and
       (C) recommendations for any administrative or legislative 
     actions necessary to ensure that those diseases most 
     associated with firefighting are included in the presumptions 
     under subsection (c) of section 8102 of title 5, United 
     States Code, as added by subsection (b) of this section.
       (d) Application.--The amendments made by this section shall 
     apply to a disability or death that occurs on or after the 
     date of enactment of this Act.
                                 ______