[Congressional Record Volume 168, Number 80 (Wednesday, May 11, 2022)]
[House]
[Pages H4816-H4828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1245
               FEDERAL FIREFIGHTERS FAIRNESS ACT OF 2022

  Mr. SCOTT of Virginia. Madam Speaker, pursuant to House Resolution 
1097, I call up the bill (H.R. 2499) 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, and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 1097, in lieu 
of the amendment in the nature of a substitute recommended by the 
Committee on Education and Labor printed in the bill, an amendment in 
the nature of a substitute consisting of the text of Rules Committee 
print 117-41, modified by the amendment printed in part C of House 
Report 117-320, is adopted and the bill, as amended, is considered 
read.
  The text of the bill, as amended, is as follows:

                               H.R. 2499

       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 2022''.

     SEC. 2. CERTAIN 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.--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) Certain 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 
     a minimum of 5 years in aggregate as an employee in fire 
     protection activities, a disease specified on the list 
     established under paragraph (2) shall be deemed to be 
     proximately caused by the employment of such employee.
       ``(2) Establishment of initial list.--There is established 
     under this section the following list of 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 while, or not later 
     than 24 hours after, engaging in the activities described in 
     subsection (b)(1)(C).
       ``(O) Testicular cancer.
       ``(P) Thyroid cancer.
       ``(3) Additions to the list.--
       ``(A) In general.--The Secretary shall periodically review 
     the list established under this section in consultation with 
     the Director of the National Institute on Occupational Safety 
     and Health and shall add a disease to the list by rule, upon 
     a showing by a petitioner or on the Secretary's own 
     determination, in accordance with this paragraph.
       ``(B) Basis for determination.--The Secretary shall add a 
     disease to the list upon a showing by a petitioner or the 
     Secretary's own determination, based on the weight of the 
     best available scientific evidence, that there is a 
     significant risk to employees in fire protection activities 
     of developing such 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.
       ``(4) Petitions to add to the list.--
       ``(A) In general.--Any person may petition the Secretary to 
     add a disease to the list under this section.
       ``(B) Content of petition.--Such petition shall provide 
     information to show that there is sufficient evidence of a 
     significant risk to employees in fire protection activities 
     of developing such illness or disease from their employment.
       ``(C) Timely and substantive decisions.--Not later than 18 
     months after receipt of a petition, the Secretary shall 
     either grant or deny the petition by publishing in the 
     Federal Register a written explanation of the reasons for the 
     Secretary's decision. The Secretary may not deny a petition 
     solely on the basis of competing priorities, inadequate 
     resources, or insufficient time for review.
       ``(b) 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 
     where life, property, or the environment is at risk, 
     including the prevention, control, suppression, or management 
     of wildland fires; and
       ``(D) performs such activities as a primary responsibility 
     of his or her job.
       ``(2) Secretary.--The term `Secretary' means Secretary of 
     Labor.''.
       (b) Research Cooperation.--Not later than 120 days after 
     the date of enactment of this Act, the Secretary of Labor 
     shall establish a process by which a Federal employee in fire 
     protection activities filing a claim related to a disease on 
     the list established by section 8143b of title 5, United 
     States Code, will 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--

[[Page H4817]]

       (1) evaluate the best available scientific evidence of the 
     risk to an employee in fire protection activities of 
     developing breast cancer;
       (2) add breast cancer to the list established under section 
     8143b of title 5, United States Code, by rule in accordance 
     with subsection (a)(3) of such section, if the Secretary 
     determines that such evidence supports such addition; and
       (3) submit a report of the Secretary's findings under 
     paragraph (1) and the Secretary's determination under 
     paragraph (2) to the Committee on Education and Labor of the 
     House and the Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (d) Application.--The amendments made by this section shall 
     apply to claims for compensation filed on or after the date 
     of enactment of this Act.

     SEC. 3. SUBROGATION OF CONTINUATION OF PAY.

       (a) Subrogation of the United States.--Section 8131 of 
     title 5, United States Code, is amended--
       (1) in subsection (a), by inserting ``continuation of pay 
     or'' before ``compensation''; and
       (2) in subsection (c), by inserting ``continuation of pay 
     or'' before ``compensation already paid''.
       (b) Adjustment After Recovery From a Third Person.--Section 
     8132 of title 5, United States Code, is amended--
       (1) by inserting ``continuation of pay or'' before 
     ``compensation'' the first and second place it appears;
       (2) by striking ``in his behalf'' and inserting ``on his 
     behalf'';
       (3) by inserting ``continuation of pay and'' before 
     ``compensation'' the third place it appears; and
       (4) by striking the 4th sentence and inserting the 
     following: ``If continuation of pay or compensation has not 
     been paid to the beneficiary, the money or property shall be 
     credited against continuation of pay or compensation payable 
     to him by the United States for the same injury.''.

  The SPEAKER pro tempore. The bill, as amended, shall be debatable for 
1 hour equally divided and controlled by the chair and ranking minority 
member of the Committee on Education and Labor or their respective 
designees.
  The gentleman from Virginia (Mr. Scott) and the gentlewoman from 
North Carolina (Ms. Foxx) each will control 30 minutes.
  The Chair now recognizes the gentleman from Virginia.


                             General Leave

  Mr. SCOTT of Virginia. Madam Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks and insert extraneous materials on H.R. 2499, the Federal 
Firefighters Fairness Act.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, across the country, roughly 15,000 firefighters 
employed by the Federal Government currently work to fight wildfires, 
respond to hurricanes, protect military and Veterans' Affairs 
facilities, and keep our communities safe.
  Like all firefighters, Federal firefighters face enormous health 
risks in order to carry out their heroic work. On any given day, a 
Federal firefighter will be exposed to dangerous levels of carbon 
monoxide, diesel smoke, toxic chemicals, and other serious hazards.
  This routine exposure can have lifelong health consequences for 
firefighters. Research confirms that firefighters are far more likely 
than other workers to contract leukemia, non-Hodgkin's lymphoma, and 
lung, brain, and digestive cancers.
  Simply put, firefighting is critical but dangerous work. The least we 
can do to support firefighters who become injured or sick on the job is 
to help them secure the compensation and medical care they need for 
themselves and their families. Unfortunately, we are falling short of 
fulfilling that obligation to Federal firefighters.
  Today, 49 States help firefighters access workers' compensation by 
providing a presumption that certain diseases are work-related, yet no 
such protection exists for Federal firefighters. The gap in access is 
not only fundamentally unfair to Federal firefighters; it also leaves 
them with the steep challenge of proving, on their own, that their 
illnesses are work-related.
  The Federal Firefighters Fairness Act of 2021, led by the gentleman 
from California (Mr. Carbajal), takes critical steps to address the 
problem and strengthen Federal firefighters' access to workers' 
compensation.
  By updating Federal law, this bill would provide Federal firefighters 
with a presumption that certain illnesses are work related. 
Importantly, it plans for the future by allowing anyone to propose 
additions to the list of presumed illnesses, and it authorizes the 
Department of Labor to use the rulemaking process to make those 
additions.
  We must swiftly pass this bill to provide Federal firefighters who 
are injured or become sick on the job, and their families, with the 
support they have always deserved.
  Madam Speaker, I urge my colleagues to support the bill, and I 
reserve the balance of my time.
  Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I stand in opposition to H.R. 2499, the Federal 
Firefighters Fairness Act of 2022.
  Federal firefighters deserve our utmost respect and admiration for 
risking their lives every day. Republicans strongly support assisting 
Federal firefighters and ensuring they have access to medical benefits 
under the Federal Employees' Compensation Act, FECA, but we are against 
removing critical oversight measures.
  H.R. 2499, the Federal Firefighters Fairness Act, creates a 
presumption that Federal firefighters diagnosed with certain types of 
heart disease, lung disease, or cancer contracted the disease at work. 
FECA has never included such a presumption. The Department of Labor has 
always determined Federal employees' compensation claims on a case-by-
case basis.
  This bill throws out crucial program integrity measures, weakening 
the federal workers' compensation program. Critical oversight measures 
are important to protect taxpayers against nonmeritorious claims and 
mismanagement.
  Currently, all FECA claimants must attest that their disease or 
illness was the result of their employment and must provide supporting 
medical evidence to the Department of Labor's Office of Workers' 
Compensation Programs, OWCP. Without a process to determine whether the 
disability or illness is work-related, there is nothing to prevent 
coverage of nonoccupational medical costs from being shifted from the 
private insurance market to the Federal Government and taxpayers.
  H.R. 2499 also plays favorites among Federal workers by picking and 
choosing which workers automatically receive Federal workers' 
compensation. For example, if a Federal Border Patrol agent contracts 
skin cancer from sun exposure due to his or her duties, that agent 
would go through FECA's claims process. But if a Federal firefighter 
contracts lung cancer from smoking, he or she is automatically entitled 
to benefits under this legislation.
  The Federal Government should not treat workers differently based on 
their occupation. We should continue to allow cases to be judged by 
supporting evidence, not a predetermined list of illnesses. Yet the 
Democrats' bill gives blanket authority to the Secretary to determine, 
without oversight, whether a disease poses a significant risk to 
firefighters. The list of diseases presumed to be caused by employment 
could expand indefinitely for Federal firefighters while all other 
Federal employee claims are processed on a case-by-case basis.
  Further, OWCP recently announced changes to improve the claims 
process for Federal firefighters to ensure their needs are met through 
a special claims unit.

  An amendment authored by Representative Fred Keller proposes making 
this streamlined claims process permanent. Unfortunately, I'm not 
optimistic that Democrats will support this commonsense amendment.
  Additionally, H.R. 2499 makes changes to FECA without the benefit of 
data from the National Firefighter Registry. Congress authorized the 
creation of the registry in 2018 to study and identify cancer risks for 
firefighters. The registry begins enrollment this year, and Congress 
should rely on this important data to ensure legislation is following 
the science and addressing firefighters' needs. Without this important 
data, H.R. 2499 will not reflect the best available science.
  Madam Speaker, I urge my colleagues to oppose this legislation, and I 
reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I yield 3\1/2\ minutes to the 
gentleman from California (Mr. Carbajal), the sponsor of the 
legislation.

[[Page H4818]]

  

  Mr. CARBAJAL. Madam Speaker, I rise today as the author of H.R. 2499, 
the Federal Firefighters Fairness Act, to urge my colleagues to support 
this commonsense, bipartisan measure.
  Madam Speaker, I wonder how many people in this Chamber or watching 
on C-SPAN today would be able to tell you the difference between a 
Federal firefighter and a State or municipal one.
  I know that when communities in my home State of California call on 
firefighters to head to the front lines of increasingly dangerous 
wildfires, they certainly are not worried about what uniform or badge 
they are wearing.
  For example, in 2017, when what was then the largest wildfire in 
California history, the Thomas fire, struck my district, Federal, 
State, and local firefighters alike left their families behind during 
the holiday season to fight tirelessly on the front lines, saving 
countless lives and property.
  Madam Speaker, all of these firefighters face the same challenges and 
risks. But, unfortunately, there is a glaring inequity in how our 
firefighters are supported, and that is why we are here today.
  Federal firefighters face significant hazards while on the job as 
they protect life and property, as well as our national interests on 
military installations, Federal research laboratories, veterans' 
hospitals, and public lands. Now, in the face of the climate crisis, 
Federal and municipal firefighters alike face year-round fire seasons 
and fires that are getting more destructive and harder to contain.
  In the course of their heroism fighting these fires, firefighters are 
often exposed to smoke, toxic substances, high heat, and stress, 
putting them at an increased risk to develop occupational diseases like 
cancer and lung problems.
  But unlike their State and local counterparts, Federal firefighters 
must provide the specific incident in their employment which caused 
their disease if they become sick, even if they fought the same fire as 
their local counterparts fought.
  We have already addressed this issue at the local level. In 49 out of 
50 States, municipal and State firefighters who develop health problems 
that are associated with their firefighting, those illnesses are 
presumed to be connected with their service. California was actually 
the first State to pass such a law back in 1982. But today, no such 
protections or benefits exist for more than 15,000 Federal firefighters 
across the United States. This is wrong and fundamentally unfair. That 
is what this bill does, fixes that challenge.
  More than 200 Democrats and Republicans in this Chamber have already 
agreed that we should extend that same parity to our Federal 
firefighters by cosponsoring my bill. When disaster strikes, 
firefighters have our backs and keep us safe. It is high time we do the 
same for all of them.
  Ms. FOXX. Madam Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I yield 1 minute to the 
gentleman from Maryland (Mr. Hoyer), the distinguished majority leader 
of the United States House of Representatives.
  Mr. HOYER. Madam Speaker, I thank the sponsor of this bill who just 
spoke, who has left the floor, and other cosponsors of this bill, for 
their work.
  Madam Speaker, there are thousands of Federal firefighters. There are 
thousands of Federal firefighters who face danger every day, thousands 
of Federal firefighters who get out of their bed at some point in time 
during the day--if they work in the day, or work at night, sleep in 
bunks in the firehouse--who are there to protect us.
  In the course of their duties, they safeguard our military bases, our 
nuclear facilities, and other critical installations across the 
country. They serve on the front lines of the climate crisis, fighting 
wildfires that grow more frequent and more intense with each passing 
year. They protect both our private property and our public lands. Most 
importantly, of course, Madam Speaker, they save lives.

                              {time}  1300

  In the process, they are often exposed to toxic fumes. We just passed 
a bill not too long ago that provides for compensation to those members 
of our Armed Forces who are exposed to toxic fumes. As a result of 
those exposures, our firefighters can develop deadly diseases and 
cancers. Nevertheless, our Federal firefighters execute these 
responsibilities with courage and with dedication.
  Federal firefighters are frequently fighting shoulder to shoulder 
with their State and local counterparts. The Pentagon is a perfect 
example, where the first responders were county and city of Alexandria, 
and then subsequently State firefighters and some Federal as well. They 
were shoulder to shoulder with those folks. The State and local 
counterparts, however, have benefits and presumptions that our Federal 
firefighters do not.
  As a result, this bill has been introduced, and I am proud to bring 
it to the floor to help right this wrong and to treat these heroes with 
the respect they deserve. Currently, our Federal firefighters face an 
often-insurmountable burden of proof to receive compensation for work-
related disabilities.
  In just a few days, we are going to be honoring firefighters who have 
lost their lives over the weeks and months and years of this country's 
lifetime. We will honor them, but we also need to honor our present 
firefighters while they are living by responding to their needs and the 
illnesses they incur as a result of the performance of their duties.
  This bipartisan legislation would guarantee that our Federal 
firefighters have access to disability and retirement benefits they 
have earned through their service. It would do so by establishing 
automatic presumptions for heart and lung disease and various types of 
cancers.
  Multiple scientific studies have established a link between these 
illnesses and the dangers firefighters face during their service. That 
is why 48 States have passed similar laws creating these assumptions 
for their municipal, county, and State firefighters.
  I, again, thank Mr. Carbajal for introducing this commonsense 
legislation. I thank Chairman Scott and his colleagues on the Education 
and Labor Committee for marking it up expeditiously. Most important, of 
course, I thank all of our Federal firefighters for continuing to hold 
the line and go to work facing possible danger in spite of the risks 
because of their sense of duty and dedication to serving their country 
and their fellow man, charging toward the flames time and time again.
  We saw that so graphically on 9/11 in New York. We saw it at the 
Pentagon, going into danger's very jaws to save people from almost 
surely dying and certainly severe injury.
  This is the right and proper thing to do for those heroes. They have 
more than earned these benefits. It is up to us to make sure they get 
them. I urge my colleagues to vote ``yes.''
  Ms. FOXX. Madam Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I yield 3 minutes to the 
gentlewoman from New Mexico (Ms. Leger Fernandez), a member of the 
Committee on Education and Labor.
  Ms. LEGER FERNANDEZ. Madam Speaker, I stand in support of the Federal 
Firefighters Fairness Act. Right now, 340,000 acres are burning in New 
Mexico, are burning in my district as a result of the Hermits Peak, 
Cerro Pelado, and Cook fires. The fires have destroyed hundreds of 
homes and tens of thousands more are at risk and were evacuated. Our 
towns and villages are engulfed by the billowing smoke that accompanies 
these fires. The fires threaten generations of livelihoods and culture 
as well as our watersheds.
  There are no words, no words at all that can convey my gratitude for 
the nearly 3,000 firefighters currently on the ground in New Mexico 
working to save our lands, our homes, our lives, and our future.
  These firefighters have a long road ahead of them. We are told that 
the fires will not be contained until the monsoon rains come, which we 
pray is in July. That is more than 2 months from now. They have already 
been at it for a month. Two more months that firefighters will spend 
directly exposed to smoke, stress, heat, and toxic substances.
  It is simply wrong that the Federal firefighters are not guaranteed 
the care and compassion as most State firefighters when it comes to 
health coverage. Firefighters are more likely than any other worker to 
contract

[[Page H4819]]

lung, brain, kidney, and digestive cancers and non-Hodgkin's lymphoma.
  The Federal Firefighters Fairness Act would remedy this gross 
oversight and ensure that Federal firefighters, who risk their lives 
the same as any other, are afforded the same health care protections. 
Last month, as we considered this bill in committee, I met with 
firefighters who shared the story of Chris, who spent his last days 
fighting to get coverage for his cancer so that his family would not be 
burdened with that medical debt.
  Our firefighters should fight fires. They shouldn't have to fight in 
the last days of their lives to get medical coverage.
  I thank the Federal firefighters who are risking their lives to 
protect the beautiful land I call home. Sadly, my story of loss is 
shared across the West. We all owe more than gratitude to our Federal 
firefighters. They deserve not just our gratitude, but our action and 
our protections. I urge my colleagues to support this bill.
  Madam Speaker, I include in the Record a letter from the 
Congressional Fire Services Institute, which documents the importance 
of passing this legislation.

                                                Congressional Fire


                                           Services Institute,

                                    Arlington, VA, March 30, 2022.
     Hon. Bobby Scott,
     Chairman, House Committee on Education and Labor, Washington, 
         DC.
     Hon. Virginia Foxx,
     Ranking Member, House Committee on Education and Labor, 
         Washington, DC.
       Dear Chairman Scott and Ranking Member Foxx: The 
     Congressional Fire Services Institute (CFSI) has long been an 
     advocate for issues affecting firefighter health and 
     wellness. Due to the nature of their jobs--including exposure 
     to toxic chemicals, stress, and other extreme conditions in 
     the line of duty--firefighters in the United States are at 
     risk for a number of diseases, such as heart disease, lung 
     disease, and various cancers. It is vital that firefighters 
     who are severely impacted by these devastating health 
     conditions receive proper benefits and compensation.
       The Federal Firefighters Fairness Act would advance federal 
     firefighter health and safety by creating a rebuttable 
     presumption that federal firefighters who become disabled by 
     heart disease, lung disease, and certain cancers contracted 
     such illnesses on the job. This legislation will go a long 
     way towards helping federal firefighters and their families, 
     as well as ensuring that federal firefighters are eligible to 
     receive the same benefits as their compatriots employed at 
     the state and local levels.
       Forty-nine states have already recognized that these 
     illnesses are occupational hazards of fire fighting and have 
     enacted laws providing presumptive disability benefits to 
     firefighters employed by state and local governments who 
     contract such illnesses. It is important that all of our 
     nation's firefighters have the assurance that they can 
     receive the benefits they need and deserve when their health 
     is on the line.
       We look forward to working with you on the Federal 
     Firefighters Fairness Act.
           Sincerely,

                                                    Bill Webb,

                                               Executive Director,
                            Congressional Fire Services Institute.
  Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
  We are being portrayed as not being sympathetic to firefighters. 
Republicans are extremely appreciative of what the firefighters have 
done. They have been put in an untenable position because of the poor 
management of the forests out West because of Democrats.
  But let me say, contrary to my Republican colleagues' claims, the 
presumption of eligibility for benefits created by H.R. 2499 is much 
broader than the majority of State laws. Proponents of the bill claim 
that 49 States have laws with a presumption similar to H.R. 2499 for 
State and local firefighters. This is not true.
  While some States may have a presumption for a certain disease, the 
majority do not have a presumption for numerous diseases such as those 
listed in this bill. Moreover, most States allow an employer to 
challenge that a condition or illness came from firefighting and not 
from other causes outside of work. For example, an employer may rebut 
the presumption of occupational illness if other factors such as 
smoking or genetic causes were the primary cause of the illness. It is 
also common for States to require that the firefighter had a healthy 
physical examination before the onset of the disease.
  H.R. 2499 contains none of these commonsense safeguards. The Federal 
workers' compensation program is just that--workers' compensation. We 
should not expand the program to provide medical treatment for Federal 
employees regardless of whether their illness is related to their 
occupation.
  Madam Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I yield 1\1/2\ minutes to the 
gentlewoman from Pennsylvania (Ms. Wild), a member of the Committee on 
Education and Labor.
  Ms. WILD. Madam Speaker, I rise today in support of the Federal 
Firefighters Fairness Act, commonsense, bipartisan legislation that I 
am proud to cosponsor.
  Despite clear evidence that links firefighting to health risks such 
as cancer, Federal firefighters face an insurmountable burden to prove 
their illness stems from service in order to receive benefits.
  This bill removes the burden by establishing a presumption of illness 
for certain conditions for Federal firefighters with 5 years of 
service. Plainly speaking, what that means is the burden of proof in 
any legal proceeding means that one side has to prove their case by a 
certain amount of evidence, usually by a preponderance of the evidence. 
This bill would shift that burden to the other side to prove that the 
illness is not related to their service so that the firefighter no 
longer has that burden.
  It is past time for the Federal Government to follow 48 States, 
including Pennsylvania, that have enacted similar laws.
  I also want to draw specific attention to a provision of this bill 
setting a deadline for the Labor Department to review and act on 
forthcoming research regarding firefighters' risk of developing breast 
cancer. There have been too few studies focusing on the unique health 
risks of the women who risk their lives to fight fires. Female 
firefighters deserve better.
  Madam Speaker, I include in the Record a letter from the Asbestos 
Disease Awareness Organization in support of the Federal Firefighters 
Fairness Act.

                                                  Asbestos Disease


                                       Awareness Organization,

                                Redondo Beach, CA, March 25, 2022.
     Re Support for H.R. 2499, Federal Firefighter Fairness Act.

     Hon. Bobby Scott,
     Chairman, Education & Labor Committee,
     House of Representatives, Washington, DC.
       Dear Chairman Scott: On behalf of the Asbestos Disease 
     Awareness Organization (ADAO), I write in support of H.R. 
     2499, the Federal Firefighter Fairness Act, a bipartisan bill 
     that would extend a rebuttable presumption of occupational 
     illness to federal firefighters for certain health conditions 
     that have been scientifically proven to be caused by the 
     federal firefighters' emergency response duties.
       Asbestos is a known human carcinogen. Without a ban, 
     imports continue and asbestos can be found in homes, schools, 
     workplaces, and on consumer shelves throughout the nation. 
     Each year, an estimated 40,000 Americans die from asbestos-
     caused diseases. During a fire, these nearly invisible toxic 
     asbestos fibers become airborne. As a result, firefighters 
     unknowingly are exposed during the line of duty as they work 
     to save our lives.
       In the 2013 NIOSH ``Mortality and cancer incidence in a 
     pooled cohort of US firefighters from San Francisco, Chicago 
     and Philadelphia (1950-2009)'' study, researchers found that:
       Cancers of the respiratory, digestive, and urinary systems 
     accounted mostly for the higher rates of cancer seen in the 
     study population. The higher rates suggest that firefighters 
     are more likely to develop those cancers.
       The population of firefighters in the study had a rate of 
     mesothelioma two times greater than the rate in the U.S. 
     population as a whole. This was the first study ever to 
     identify an excess of mesothelioma in U.S. firefighters. The 
     researchers said it was likely that the findings were 
     associated with exposure to asbestos, a known cause of 
     mesothelioma.
       Federal firefighters risk their lives to protect our 
     national interests on military installations, federal 
     research laboratories, homeland security facilities and 
     veterans' hospitals. They have some of the most hazardous and 
     sensitive jobs in the country. While on the job, federal 
     firefighters are routinely exposed carcinogenic smoke, toxic 
     substances, high heat, and stress. The cumulative effect of 
     repetitive exposures place firefighters at an increased risk 
     of developing occupational diseases such as cancers, heart, 
     and lung disease.
       In recognition of causal link, 49 states have enacted laws 
     which provide presumptive benefits to firefighters employed 
     by state and local governments. However, no such law covers 
     federal firefighters, who routinely combat fires and mitigate 
     hazardous materials incidents side by side with firefighters 
     from municipal and state fire departments covered by these 
     presumptive laws.

[[Page H4820]]

       Securing presumptive benefits is critical to obtaining 
     coverage of occupational illness and disease from the Office 
     of Workers' Compensation Programs. Absent a presumptive 
     benefit, federal firefighters experience delayed access to 
     critically needed medical care, salary and health insurance 
     benefits. Instead, firefighters must engage in a prolonged 
     administrative process in which they are required to 
     demonstrate with specificity the precise exposure(s) which 
     caused their occupational illness.
       As a leader in protecting workers' rights and safety, ADAO 
     urges you to support and advance the Federal Firefighters 
     Fairness Act, HR 2499 to help ensure our nation's domestic 
     defenders are provided expedited access to the benefits they 
     need and deserve. Please reach out with any questions you 
     have. Thank you for your attention to this important issue.
           Sincerely,

                                              Linda Reinstein,

                                               ADAO President/CEO,
                                Co-Founder and Mesothelioma Widow.

  Ms. WILD. Madam Speaker, I am proud that the House today can stand 
strong with our frontline firefighters.
  Ms. FOXX. Madam Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I yield 2 minutes to the 
gentlewoman from Oregon (Ms. Bonamici), a member of the Committee on 
Education and Labor and chair of the Subcommittee on Civil Rights and 
Human Services.
  Ms. BONAMICI. Madam Speaker, I rise in strong support of the 
bipartisan Federal Firefighters Fairness Act of 2022.
  Recently, I met with Andrew Robinson, an Oregonian, who served as a 
wildland firefighter. He fought dangerous fires in the Pacific 
Northwest. He battled cancer, and then he started the Wildland 
Firefighter Research and Protection Center to call attention to the 
health and well-being of firefighters.
  I am grateful for Andrew's work and his immense sacrifice, but I 
remain deeply concerned about the barriers that impede our Nation's 
Federal firefighting workforce from accessing the compensation, 
rehabilitation, and healthcare benefits they deserve.
  This important legislation will create a presumption that Federal 
firefighters who become disabled by serious diseases, including 
wildland firefighters, contracted the illness on the job. This change 
will help brave firefighters, like Andrew, access the medical treatment 
and wage-loss compensation they have earned and they need.
  We must also support women in the firefighting workforce and build a 
more inclusive profession that accounts for the unique challenges, to 
their health and otherwise, that female firefighters experience on and 
after the job. Only 12 percent of all Federal wildland firefighters 
identify as women, and this underrepresentation is exacerbated by the 
lack of research into how firefighting affects women's health. This 
legislation will improve our understanding of the relationship between 
fire exposure and diseases, such as breast cancer and gynecological 
cancers which very few studies have addressed to date.
  I urge all of my colleagues to support this important legislation. I 
thank the gentleman from California (Mr. Carbajal), my friend and 
colleague, for his leadership on this important policy, and I thank the 
chairman for bringing this bill forward through the committee.
  Madam Speaker, I include in the Record a letter from the National 
Active and Retired Federal Employees Association in support of the 
Federal Firefighters Fairness Act of 2022.


                                                        NARFE,

                                   Alexandria, VA, April 20, 2022.
       Dear Representative: On behalf of the National Active and 
     Retired Federal Employees Association (NARFE), which is 
     dedicated to advancing the interests of the more than 5 
     million federal employees and retirees, as well as their 
     spouses and survivors, I urge you to vote in favor of H.R. 
     2499, the Federal Firefighters Fairness Act of 2021, when it 
     is considered by the House of Representatives.
       H.R. 2499 would create a presumption of occupational 
     illness for federal firefighters, covering ailments like 
     cardiovascular disease, cancers and certain infectious 
     diseases that 49 states already presume to be work-related 
     for their state and local firefighters. Passing this bill 
     would bring federal rules in line with the vast majority of 
     states in recognizing the occupational danger placed on 
     firefighters and solve an inequity placed on the brave men 
     and women who choose this line of work.
       Federal firefighters face an onerous process to address 
     their occupationally derived illnesses. The current system 
     requires them to go through the Office of Workers' 
     Compensation Programs (OWCP) and prove that their disease is 
     connected to a specific event and carcinogenic exposure. This 
     is a burdensome and time-consuming task that fails to account 
     for the numerous toxic exposures firefighters regularly 
     encounter. To make matters worse, OWCP has a lengthy review 
     process, upwards of 10 months, that delays employee 
     compensation and medical treatment.
       Federal firefighters operate in some of the most hazardous 
     environments in the federal service. They respond to threats 
     at military installations, federal research laboratories, 
     veterans' hospitals and other federal sites across the 
     country, and they are exposed to high levels of smoke, heat, 
     stress and toxic elements. The current system fails to 
     adequately take these consistent exposures into account, and 
     it's time for Congress to end this unfair practice. We owe it 
     to them to correct this wrong.
       For these reasons, I urge you to vote in favor of the 
     Federal Firefighters Fairness Act of 2021 when it comes to 
     the House floor. Thank you for your consideration of our 
     views. If you have any questions or concerns, please contact 
     NARFE's Staff Vice President for Policy and Programs John 
     Hatton.
           Sincerely,
                                                       Ken Thomas,
                                         NARFE National President.

  Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, H.R. 2499 includes 16 diseases on its list presuming 
they were caused by employment. Many of these diseases can be caused by 
a wide range of reasons, including diet, environment, and genetics.
  For example, skin cancer is one of the most common cancers in the 
United States. One in five Americans will develop skin cancer in their 
lifetime, and 9,500 people are diagnosed with skin cancer every day. 
Factors that increase risks of skin cancer include Sun exposure, family 
history of melanoma, living in sunny or high-altitude climates, and a 
history of sunburns.
  Lung cancer is the second-most-common cancer. Smoking is by far the 
leading risk factor for lung cancer, and 80 percent of lung cancer 
deaths are thought to result from smoking. Yet, unlike 21 State laws, 
H.R. 2499 does not include a tobacco-use provision, which would 
disqualify employees who use tobacco products.

                              {time}  1315

  Under current law, any employee who contracts skin or lung cancer is 
eligible for FECA benefits as long as they can demonstrate they 
contracted their illness through work.
  By singling out Federal firefighters, this bill is not fair to postal 
workers with skin cancer or Federal nurses with lung cancer. This bill 
throws out integrity measures, weakening the Federal workers' 
compensation program.
  Madam Speaker, I urge my colleagues to oppose the bill, and I reserve 
the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I yield 1 minute to the 
gentleman from Texas (Mr. Green).
  Mr. GREEN of Texas. Madam Speaker, I thank Mr. Scott for yielding, 
and I recognize my friend, Ms. Foxx as well.
  Madam Speaker, I have been to the funerals. I know the meaning of 
``in the line of duty.'' I have seen the suffering. If I can do 
anything to help persons who rush in as we rush out, who are willing to 
put their lives on the line for us, I am going to do it.
  Madam Speaker, 48 States have done it. The Federal Government is just 
a little too late. I have been there.
  Madam Speaker, I support the legislation, and I would ask my 
colleagues to do so as well.
  Ms. FOXX. Madam Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I include in the Record two 
letters: one from the American Federation of Government Employees in 
support of the legislation, and a joint letter signed by the 
International Association of Fire Fighters and the International 
Association of Fire Chiefs.
         AFL-CIO, American Federation of Government Employees,
                                    Washington, DC, March 9, 2022.
     Hon. Robert C. ``Bobby'' Scott,
     Chairman, House Education and Labor Committee, Washington, 
         DC.
     Hon. Virginia Foxx,
     Ranking Member, House Education and Labor Committee, 
         Washington, DC.
       Dear Chairman Scott, Ranking Member Foxx, and Members of 
     the Committee: On behalf of the American Federation of 
     Government Employees, AFL-CIO (AFGE),

[[Page H4821]]

     which represents over 700,000 federal and District of 
     Columbia employees including thousands of firefighters across 
     the country, we write to express our strong support for H.R. 
     2499, the Federal Firefighter Fairness Act and urge the 
     committee to vote to approve this bill through markup and 
     onto the House floor for a vote.
       This bipartisan bill introduced by Representative Salud 
     Carbajal would bring parity for federal firefighters with 
     their state, county, and municipal counterparts by creating 
     an automatic presumption of disability for workers 
     compensation for firefighters who develop heart disease or 
     certain forms of cancer. This bill would bring fairness and 
     dignity to firefighters protecting and serving the American 
     people. The difficult pathway to secure workers' compensation 
     would be eased for our nation's heroes. They would finally 
     get the financial support they deserve for putting their 
     lives on the line.
       Federal firefighters put their lives on the line every day 
     to protect and serve the American people. Most federal 
     firefighters are located at military facilities. These 
     federal firefighters have specialized training to respond to 
     emergencies involving aircraft, ships, and munitions. Federal 
     firefighters at the Department of Veterans Affairs serve 
     civilians and veterans including chronically ill and 
     bedridden patients. Federal firefighters provide emergency 
     medical services, crash rescue services, and hazardous 
     material containment, as well as fighting fires. Firefighters 
     are frequently exposed to smoke, asbestos, particulate 
     matter, and various toxic chemicals, all of which can cause 
     cancer. These civil servants and American heroes deserve the 
     highest quality data and best public health solutions to help 
     prevent, detect, and treat work-related illnesses.
       The National Institute of Occupational Safety and Health 
     (NIOSH) has conducted studies about the prevalence of cancer 
     among firefighters; however, these studies have had two 
     critical flaws: 1) the sample sizes were too small; and 2) 
     they do not include many minority populations. This limited 
     NIOSH's ability to draw productive statistical conclusions 
     from their data. More comprehensive public health data must 
     be collected to develop solutions to preventing the elevated 
     rates of cancer in firefighters. Despite these data 
     limitations, NIOSH researchers recently completed a study of 
     disease incidence and mortality among 30,000 urban 
     firefighters, which confirmed an elevated risk of dying from 
     mesothelioma, lymphoma, and other forms of cancer.
       AFGE strongly urges you to support H.R. 2499, the Federal 
     Firefighter Fairness Act and vote to move this bill through 
     the House Education and Labor Committee. For questions or 
     more information please contact Fiona Kohrman.
           Sincerely,
                                                 Julie N. Tippens,
     Legislative Director.
                                  ____

                                                          AFL-CIO,


                                                         IAFC,

                                                   March 14, 2022.
     Hon. Bobby Scott,
     Chairman, Committee on Education and Labor,
     House of Representatives, Washington, DC.
     Hon. Virginia Foxx,
     Ranking Member, Committee on Education and Labor, House of 
         Representatives, Washington, DC.
       Dear Chairman Scott and Ranking Member Foxx: On behalf of 
     the 326,000 professional fire fighters and emergency medical 
     responders of the International Association of Fire Fighters, 
     including 3,500 federal fire fighters, and approximately 
     12,000 fire and EMS leaders of the International Association 
     of Fire Chiefs, we write in full support of H.R. 2499, the 
     Federal Firefighters Fairness Act and thank you for marking 
     up the bill. This bipartisan legislation would extend a 
     presumption of occupational illness to federal fire fighters 
     for a limited number of health conditions which studies have 
     indicated are caused by the federal fire fighters' emergency 
     response duties.
       Federal fire fighters have some of the most hazardous and 
     sensitive jobs in the country. While protecting our national 
     interests on military installations, federal research 
     laboratories, homeland security facilities, and veterans' 
     hospitals, federal fire fighters are routinely exposed to 
     carcinogenic smoke, toxic substances, high heat, and stress. 
     The cumulative effect of repetitive exposures place fire 
     fighters at an increased risk of developing occupational 
     diseases such as cancers, heart, and lung disease.
       In recognition of this fact, 49 states have enacted laws 
     which provide presumptive benefits to fire who routinely 
     combat fires and mitigate hazardous materials incidents side 
     by side with fire fighters from municipal and state fire 
     departments covered by these presumptive laws.
       Securing presumptive benefits is critical to obtaining 
     coverage of occupational illness and disease from the Office 
     of Workers' Compensation Programs. Absent a presumptive 
     benefit, federal fire fighters experience delayed access to 
     critically needed medical care, salary, and health insurance 
     benefits. Instead, federal fire fighters must engage in a 
     prolonged administrative process in which they are required 
     to demonstrate with specificity the precise exposure(s) which 
     caused their occupational illness. Cases of cancer are 
     particularly hard to prove--fire fighters must identify the 
     carcinogen to which they were exposed, the duration of each 
     exposure, and the location of the exposure. These 
     requirements fail to recognize the chaotic environment in 
     which fire fighters operate and the cumulative impact of 
     multiple exposures to many different carcinogens over a fire 
     fighter's career. The Federal Firefighters Fairness Act will 
     reduce or eliminate many of the cumbersome and often 
     unattainable requirements currently impeding federal fire 
     fighters from expedited access to the benefits they need and 
     deserve.
       Thank you again for your work on this important issue. 
     Labor and management appreciate your consideration of H.R. 
     2499 and urge the committee to swiftly advance the bill to 
     help ensure all our nation's domestic defenders are provided 
     the care and benefits they need and deserve.
           Sincerely,
     Edward A. Kelly,
       General President, International Association of Fire 
     Fighters.
     Fire Chief Kenneth W. Stuebing, BHSc, CCP(f),
       President and Board Chair, International Association of 
     Fire Chiefs.

  Mr. SCOTT of Virginia. Madam Speaker, I am prepared to close, and I 
reserve the balance of my time.
  Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, Federal firefighters deserve timely access to critical 
workers' compensation benefits when they contract an occupational 
illness. No one is questioning this.
  Unfortunately, H.R. 2499 will remove important oversight mechanisms 
within FECA to create an unequal two-tiered system for Federal 
firefighters relative to all other Federal employees.
  Further, H.R. 2499 is not grounded in science or, quite frankly, 
logic. It mandates coverage of certain conditions without sufficient 
research on their causes and proceeds without the benefit of data from 
the National Firefighter Registry. This bill also requires the 
Secretary of Labor to add new diseases to the list of conditions which 
are presumed to be work-related but are based upon public petitions 
with no oversight.
  Finally, DOL has not indicated any need for a broad presumption of 
eligibility for Federal firefighters and has directed existing 
resources to address the needs of Federal firefighters filing 
occupational illness claims.
  My colleagues should support Congressman Keller's amendment, which 
would permanently streamline the Department's claim process for Federal 
firefighters and ensure they receive timely access to medical benefits 
when they have an occupational illness.
  This commonsense solution provides firefighters with the assistance 
they deserve while preserving the integrity of the Federal Employees' 
Compensation Program.
  For these reasons, my colleagues should reject H.R. 2499 so that 
Democrats and Republicans can work across the aisle to pursue policies 
that will help Federal workers, including Federal firefighters, receive 
the benefits they deserve.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I include in the Record the 
Statement of Administration Policy in support of this legislation.

                   Statement of Administration Policy


H.R. 2499--Federal Firefighters Fairness Act of 2022--Rep. Carbajal, D-
                         CA, and 203 cosponsors

       The Administration expresses its deep gratitude and 
     admiration for America's firefighters, who brave 
     extraordinarily challenging conditions and dangers to protect 
     our communities, property, and natural resources from 
     increasingly intense and frequent fires. In recognition of 
     their courage and the strong evidence of the physical toll 
     that their service has on their health, the Administration 
     supports passage of H.R. 2499, the Federal Firefighters 
     Fairness Act of 2022.
       When a federal employee sustains a work-related injury or 
     disease, the Federal Employees' Compensation Act provides 
     monetary support, medical benefits, and other assistance to 
     help the employee recover and return to work. The program 
     also provides benefits to dependents if a work-related injury 
     or disease causes death.
       H.R. 2499 would support federal firefighters by 
     facilitating easier access to critical resources that will 
     help them and their families recover from the trauma and 
     physical harms brought on by their hazardous line of work. 
     Specifically, the bill lists health conditions, such as 
     several forms of cancer or a heart attack or stroke that 
     occurs shortly after battling a fire, that are deemed to be 
     caused by a firefighter's employment. The bill also includes 
     a process for expanding the list as new diseases are 
     identified and linked to firefighting based on scientific 
     evidence.

[[Page H4822]]

       The President has prioritized addressing the harmful health 
     effects of environmental exposures, particularly among our 
     nation's veterans. This bill is consistent with the 
     Administration's support for expanding access to benefits and 
     services for those harmed by hazards faced in the line of 
     duty.
       Additionally, as part of his broader health agenda, the 
     President remains committed to ending cancer as we know it. 
     This includes significant investments in biomedicine and 
     reigniting the cancer moonshot initiative with a goal of 
     reducing the cancer death rate by at least 50 percent over 
     the next 25 years.
       Record-setting temperatures, long-term drought, and 
     volatile weather patterns, exacerbated by climate change, 
     have increased the risks and stress for America's 15,000 
     federal firefighters. When federal firefighters suffer from 
     health conditions associated with their jobs, they and their 
     families deserve the full array of federal benefits to which 
     they are entitled. The Administration looks forward to 
     working with Congress to enact this bipartisan legislation 
     and continue supporting our federal firefighters.

  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, firefighting has always been a dangerous occupation but 
in the past few years, it has been particularly difficult for our 
Nation's firefighters. From battling the unprecedented wildfires across 
the country to grappling with personnel shortages, Federal firefighters 
have had to continue their lifesaving work with fewer resources and 
support.
  As we are debating this bill today, Federal firefighters are working 
alongside others to contain the megafire that is engulfing the State of 
New Mexico. We thank them for their service, but we should honor them 
with more than just words. If we are to address the challenges that 
Federal firefighters face, then we must provide Federal firefighters 
with at least the same protections that firefighters enjoy at State and 
local levels.
  Simply put, we cannot expect these heroic workers to continue putting 
themselves in danger for our safety if we cannot ensure that they and 
their families will have adequate access to compensation and benefits 
when they need them.
  The Federal Firefighters Fairness Act is the solution we need to 
improve the lives of Federal firefighters and ensure that when they 
become sick or injured in the line of duty, they will have the support 
they need to care for themselves and their families.
  I thank the gentleman from California (Mr. Carbajal) for his 
leadership on this issue, and I urge all Members to join me in standing 
behind our Federal firefighters.
  Mr. Speaker, I yield back the balance of my time.
  Mr. PASCRELL. Mr. Speaker, every day our heroic firefighters risk 
their lives keeping communities across America safe. We absolutely must 
have their backs.
  As Co-Chair of the Congressional Fire Services Caucus, I led 
legislation establishing the National Firefighter Cancer Registry to 
thoroughly study the many occupational hazards and cancer risks that 
firefighters face.
  The link between cancer and firefighting is undeniable. But our 
nation's more than ten thousand federal firefighters face a high burden 
in proving any occupational illness is connected to their job before 
receiving disability benefits.
  I'm proud to cosponsor Rep. Carbajal's Federal Firefighter Fairness 
Act to ensure these brave men and women receive their owed benefits 
without delay or red tape.
  Our federal firefighters work tirelessly to fight behemoth wildfires 
that grow more extreme each year. The least we can do is protect the 
benefits they've earned and stand with them.
  The SPEAKER pro tempore (Mr. Green of Texas). All time for debate has 
expired.
  Each further amendment printed in part D of House Report 117-320 not 
earlier considered as part of amendments en bloc pursuant to section 6 
of House Resolution 1097 shall be considered only in the order printed 
in the report, may be offered only by a Member designated in the 
report, shall be considered as read, shall be debatable for the time 
specified in the report equally divided and controlled by the proponent 
and an opponent, may be withdrawn by the proponent at any time before 
the question is put thereon, shall not be subject to amendment, and 
shall not be subject to a demand for division of the question.
  It shall be in order at any time for the chair of the Committee on 
Education and Labor or his designee to offer amendments en bloc 
consisting of further amendments printed in part D of House Report 117-
320, not earlier disposed of. Amendments en bloc shall be considered as 
read, shall be debatable for 20 minutes equally divided and controlled 
by the chair and ranking minority member of the Committee on Education 
and Labor or their respective designees, shall not be subject to 
amendment, and shall not be subject to a demand for division of the 
question.


          Amendments En Bloc Offered by Mr. Scott of Virginia

  Mr. SCOTT of Virginia. Mr. Speaker, pursuant to section 7 of House 
Resolution 1097, I rise to offer amendments en bloc.
  The SPEAKER pro tempore. The Clerk will designate the amendments en 
bloc.
  Amendments en bloc consisting of amendment Nos. 1, 2, 5, 6, 7 and 8, 
printed in part D of House Report 117-320, offered by Mr. Scott of 
Virginia:


        amendment no. 1 offered by ms. houlahan of pennsylvania

       Page 6, lines 10 and 11, insert ``and gynecological 
     cancer'' after ``breast cancer'' each place it appears.


          amendment no. 2 offered by ms. jackson lee of texas

       At the end of the bill add the following:

     SEC. 3. PROTECTION OF FIREFIGHTERS FROM TOXIC CHEMICALS AND 
                   OTHER CONTAMINANTS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Education and 
     Labor of the House of Representatives and the Committee on 
     Health, Education, Labor, and Pensions of the Senate a report 
     that evaluates the health and safety impacts on employees 
     engaged in fire protection activities that result from the 
     employees' exposure to toxic chemicals and other contaminants 
     that could cause human health problems. The report may 
     include information on--
       (1) the degree to which such programs and policies include 
     consideration of the possibility of toxic exposure of such 
     employees who may come into contact with residue from fibers, 
     combusted building materials such as asbestos, household 
     chemicals, polymers, flame-retardant chemicals, and other 
     potentially toxic contaminants;
       (2) the availability and proper maintenance of professional 
     protective equipment and secure storage of such equipment in 
     employees' homes and automotive vehicles;
       (3) the availability of home instructions for employees 
     regarding toxins and contaminants, and the appropriate 
     procedures to counteract exposure to same;
       (4) the employees' interests in protecting the health and 
     safety of family members from exposure to toxic chemicals and 
     other contaminants to which the employees may have been 
     exposed; and
       (5) other related factors.
       (b) Context.--In preparing the report required under 
     subsection (a), the Comptroller General of the United States 
     may, as appropriate, provide information in a format that 
     delineates high risk urban areas from rural communities.
       (c) Department of Labor Consideration.--After issuance of 
     the report required under subsection (a), the Secretary of 
     Labor shall consider such report's findings and assess its 
     applicability for purposes of the amendments made by section 
     2.


           amendment no. 5 offered by mr. stanton of arizona

       Page 4, after line 24, insert the following:
       ``(D) Notification to congress.--Not later than 30 days 
     after making any decision to approve or deny a petition under 
     this paragraph, the Secretary shall notify the Committee on 
     Education and Labor of the House of Representatives and the 
     Committee on Homeland Security and Government Affairs of the 
     Senate of such decision.''.


            amendment no. 6 offered by ms. tlaib of michigan

       Page 6, after line 24, insert the following:
       (e) Report on Affected Employees.--Beginning 1 year after 
     the date of enactment of this Act, the Secretary shall 
     include in each annual report on implementation of the 
     Federal Employees' Compensation Act program and issues 
     arising under it that the Secretary makes pursuant to section 
     8152 of title 5, United States Code, the total number and 
     demographics of employees with diseases and conditions 
     described in the amendments made by this Act as of the date 
     of such annual report, disaggregated by the specific 
     condition or conditions, for the purposes of understanding 
     the scope of the problem. The Secretary may include any 
     information they deem necessary and, as appropriate, may make 
     recommendations for additional actions that could be taken to 
     minimize the risk of adverse health impacts for Federal 
     employees in fire protection activities.


          amendment no. 7 offered by mrs. torres of california

       Page 6, after line 21, insert the following (and 
     redesignate the subsequent subsection accordingly):
       (d) Report on Federal Wildland Firefighters.--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 workers' compensation under chapter

[[Page H4823]]

     81 of title 5, United States Code, experience after being 
     exposed to fires, smoke, and toxic fumes when in service. 
     Such study shall include--
       (1) the race, ethnicity, age, gender, and time of service 
     of such Federal wildland firefighters participating in the 
     study; and
       (2) recommendations to Congress on what legislative actions 
     are needed to support such Federal wildland firefighters in 
     preventing health issues from this toxic exposure, similar to 
     veterans that are exposed to burn pits.


          amendment no. 8 offered by mrs. torres of california

       Page 6, lines 10 and 11, insert ``and rhabdomyolysis'' 
     after ``breast cancer'' each place it appears.
  The SPEAKER pro tempore. Pursuant to House Resolution 1097, the 
gentleman from Virginia (Mr. Scott) and the gentlewoman from North 
Carolina (Ms. Foxx) each will control 10 minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. SCOTT of Virginia. Mr. Speaker, there are eight amendments in 
this en bloc amendment:
  One by the gentlewoman from Pennsylvania (Ms. Houlahan), which 
includes a review of the science on gynecological cancers to study the 
potential risk and connection between fire protection activities and 
the likelihood of developing those cancers.
  One offered by the gentlewoman from Texas (Ms. Jackson Lee), which 
adds a study regarding the health and safety impacts on firefighters 
from exposure to toxic chemicals on the job.
  One from the gentleman from Arizona (Mr. Stanton) that requires the 
Secretary to notify Congress when approving or denying petitions to add 
diseases to the list.
  One from the gentlewoman from Michigan (Ms. Tlaib), to add an annual 
reporting requirement with data on firefighters with diseases covered 
by the act and recommendations for additional steps be taken to 
minimize the risk of adverse health impacts for firefighters.
  One by the gentlewoman from California (Mrs. Torres), to require the 
National Institute for Occupational Safety and Health to conduct a 
comprehensive study of long-term health impacts from smoke exposure and 
other working conditions on Federal wildlands firefighters who receive 
workers' compensation benefits.
  And another by Mrs. Torres to include a review of the science of 
rhabdomyolysis and the likelihood of a connection between firefighting 
work and that disorder.
  Mr. Speaker, these amendments make meaningful improvements to the 
bill. I urge a ``yes'' vote on en bloc No. 1, and I reserve the balance 
of my time.
  Ms. FOXX. Mr. Speaker, I rise in opposition to the amendment.
  The SPEAKER pro tempore. The gentlewoman from North Carolina is 
recognized for 5 minutes.
  Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2499 takes away critical oversight of our Federal 
workers' compensation program, is overly broad, and plays favorites 
with Federal workers.
  Unfortunately, the Democrat amendments take a bad bill and make it 
worse. These amendments build upon H.R. 2499's flawed policy by 
directing the Secretary of Labor to consider adding even more diseases 
to the bill's presumption. H.R. 2499 allows for the Secretary to add 
diseases unilaterally to the list of diseases presumed to be contracted 
by Federal firefighters at work. Under the bill, a Federal firefighter 
with a disease on the list automatically qualifies for FECA benefits, 
undermining program integrity.
  Currently, all FECA claimants must attest that their disease or 
illness was the result of their employment and must provide supporting 
medical evidence to the Department of Labor's Office of Workers' 
Compensation Programs. Without a process to determine whether the 
illness is work-related, there is nothing to prevent coverage of 
nonoccupational medical costs from being shifted from private insurance 
to the Federal Government.
  H.R. 2499 is essentially handing over the keys to a nearly $3 billion 
program to the Secretary of Labor. The Secretary can add an indefinite 
number of diseases to the bill's new presumption. The last time 
Congress gave similar authority to a bureaucrat, the administrator 
unilaterally added over 60 new diseases without any oversight.
  Once this bill is passed, Democrats will move on to creating 
presumptions for a different group of Federal workers. This bill is a 
slippery slope, which may result in FECA looking more like a Federal 
health benefit instead of a workers' compensation program. The studies 
ordered by the amendment could possibly yield useful information, but 
it is information we should have before we vote on H.R. 2499. Further, 
the amendment tacitly acknowledges that we need more information before 
we vote on this bill.
  Congress has already agreed that we need more information on the 
occupational links between diseases like cancer and firefighting. In 
fact, in 2018, Congress passed the Firefighter Cancer Registry Act of 
2018, which created the National Firefighter Registry. This registry is 
expected to begin enrollment later this year and will provide reports 
on its data and findings soon after.
  Congress should not legislate on assumptions. We should wait for the 
CDC's report so we can follow the science and ensure we are addressing 
the health needs of our Federal workers.
  Mr. Speaker, I oppose the Democrats' amendments which are a day late 
and a dollar short, and I oppose the underlying bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 1 minute to the 
gentlewoman from New Jersey (Ms. Sherrill), a member of the Committee 
on Education and Labor.
  Ms. SHERRILL. Mr. Speaker, I am happy today for the opportunity to 
speak on this critical legislation that will help thousands of brave, 
hardworking Americans gain access to the workers' compensation and 
medical benefits that they so deserve.
  Our firefighters in New Jersey and nationwide risk their lives each 
and every day to keep our communities and families safe, something for 
which we owe a deep debt of gratitude. But sadly, all too often 
firefighters contract diseases such as cancer and lung conditions from 
breathing in smoke or toxic fumes while serving. Then begins a 
challenging process to receive the compensation and medical benefits 
that they have earned, causing many to lose out on the benefits they 
are owed entirely.

                              {time}  1330

  Recognizing this injustice, 48 States have enacted legislation to 
ensure that State and local firefighters are eligible for benefits if 
they develop these diseases, including New Jersey. But such protections 
still don't exist for Federal firefighters.
  That is why I was so proud to cosponsor this critical bipartisan 
legislation to finally provide our Nation's Federal firefighters with 
these long-overdue benefits.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield the gentlewoman an 
additional 30 seconds.
  Ms. SHERRILL. This legislation will ensure that these true American 
heroes are able to afford their medical expenses and provide for their 
families if their health is harmed while on duty. I strongly encourage 
my colleagues on both sides of the aisle to vote with me and to pass 
this legislation today.
  Ms. FOXX. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from 
Arkansas (Mr. Westerman).
  Mr. WESTERMAN. Mr. Speaker, I thank the gentlewoman for yielding.
  Mr. Speaker, I just wanted to point out that there is a glaring issue 
with this bill that needs to be corrected. On page 5, section D, it has 
an exemption here. It says that the people who qualify under this 
legislation, it has to be someone who ``performs such activities as a 
primary responsibility of his or her job.''
  Mr. Speaker, we have thousands of forestry technicians, seasonal and 
temporary firefighters, whose main job is not fighting fires. I 
believe, the way this legislation is written, they would be excluded 
from these benefits. These brave men and women fight fires; however, it 
is not their primary responsibility.
  Before legislation like this moves forward, I hope we would be able 
to at least correct that error. In its current form, I can't support 
the legislation. I encourage others not to support it in this form.

[[Page H4824]]

  

  Mr. SCOTT of Virginia. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from Pennsylvania (Ms. Houlahan).
  Ms. HOULAHAN. Mr. Speaker, I rise today in support of my amendment to 
the Federal Firefighters Fairness Act, which will ensure that our 
female firefighters can have the healthcare resources that they, too, 
deserve.
  Women have been firefighting in the United States for 200 years--yes, 
for two centuries. Yet, despite their enormous contributions, female 
firefighters and first responders have been underrepresented and 
overlooked when it comes to scientific research and data.
  Every day, female firefighters, paramedics, and medical technicians 
put their lives on the line to keep us and our communities safe. In 
fact, just last night, firefighters saved the life of a man in West 
Whiteland, a township that is in my community.
  They take care of us, and we need to take care of them, too. As an 
engineer, I say that it is past time that we use data-driven approaches 
to keep them safe.
  My amendment to include a study on gynecological cancers is very 
straightforward and common sense. This is how it works: With additional 
scientific research, we can more thoroughly understand the impact of 
fire exposure on female firefighters' health, and we can work toward 
proactive solutions that would minimize those harmful effects.
  All frontline workers deserve to be informed about the risks of their 
work equally. Today, we have an opportunity to fill that knowledge gap 
that could change the lives of generations of female firefighters and 
frontline workers to come.
  An inclusive workforce is key to fostering innovation and problem-
solving and to retaining the very best first responders our community 
has to offer, and that, of course, includes women.
  A better workforce means saving more lives, and it is that simple. 
Please, let's not leave female firefighters behind.
  I urge my colleagues to support my amendment so that we may better 
equip our researchers, our doctors, our government, our female 
frontline workers themselves with long-overdue scientific data.
  I thank Chairman Scott and the leadership for bringing this bill to 
the floor.
  Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
  The underlying bill and this en bloc amendment seem suspiciously to 
me like run-on bills; that is, somebody has made a commitment to do 
something in order to enhance his or her reelection. That is what this 
underlying bill and this en bloc amendment seem like to me.
  Let me talk a little more about the en bloc amendment. It combines 
six amendments offered by Democrats. Three of the amendments would 
create new studies, examining the prevalence of a certain disease or 
health impacts among firefighters, and direct the Secretary of Labor to 
determine if the disease should be added to the list of presumed 
illnesses under the bill.
  As I have said earlier, if we are going to do studies, for heaven's 
sake, let's do those studies before we pass a bill like this. We 
shouldn't be passing studies that might directly affect what it is that 
is trying to be accomplished by this bill in the bill itself. You know, 
it is sort of like shutting the barn door after the horse is out.
  Another amendment directs the Secretary to report on the demographics 
of employees with the diseases listed under the bill. One orders a 
duplicative study.
  You know, my colleague from Arkansas made an excellent point when he 
came in and said, look, there are many other people who are in the area 
of these fires that are being fought that are not being included in 
this amendment. So, once again, my colleagues on the other side of the 
aisle are picking winners and losers among Federal employees.
  That is just wrong, Mr. Speaker. That is not our business. This bill 
is not ready for prime time. There are many things in it that need to 
be fixed before it is passed. So, I continue to urge my colleagues: 
Let's not pass this bill.

  Republicans are happy to work with our colleagues across the aisle to 
come up with a good, bipartisan bill that covers the issues that are in 
this bill and others that are being brought up by our colleagues.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, could you advise how much time is 
remaining on both sides?
  The SPEAKER pro tempore. The gentleman from Virginia has 5 minutes 
remaining. The gentlewoman from North Carolina has 2\1/2\ minutes 
remaining.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I thank the chairman, and let me also 
thank the author of this bill, Congressman Carbajal, for his 
leadership.
  It is time for this legislation for America's firefighters. I support 
H.R. 2499, Federal Firefighters Fairness Act of 2022.
  Firefighters put their lives on the line, make extraordinary 
sacrifices, keep us safe, protect us from bodily harm. It is imperative 
that we return the favor through the Federal Firefighters Fairness Act.
  I don't think we can save a life with delay. I don't think we can 
save a life with putting this bill on the table. What we can say is the 
time is now.
  The legislation has solid bipartisan support because it makes sense 
to apply to Federal firefighters the same support structure that State 
and local firefighters have. To do otherwise would be an injustice. It 
would simply be a shame.
  They fight fires alongside each other. When residents are at risk and 
buildings are ablaze, there is no distinction. There are thousands of 
them that are dispatched to those wildfires. We need to give them help.
  H.R. 2499 levels the playing field. My amendment, however, enhances 
this bill. It would reinforce that message by elevating awareness of 
the health and safety impacts that firefighters face through exposure 
to toxins and other contaminants.
  It has been determined through science, research, that firefighters 
are exposed to more toxins than ever before. As it relates to other 
health matters, more of them die of cancer, if you will, in the line of 
duty. But more firefighters are dying overall of cancer.
  Such contaminants are encountered at the site of a fire by materials 
that were incinerated by the fire, particularly carcinogens, asbestos, 
household chemicals, and polymers, as well as flame-retardant chemicals 
used to extinguish a fire.
  The contaminants also remain with the firefighter thereafter in their 
clothing, automobiles, and other means of toxic transmission. They take 
it home. Such lingering toxicity can also impact the health and safety 
of the firefighters' family members, which this amendment will help 
look at, which can weigh heavily in the thoughts of a firefighter in 
the course of their work.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield the gentlewoman an 
additional 30 seconds.
  Ms. JACKSON LEE. The Jackson Lee amendment embodies the important and 
fundamental idea that we have an obligation to ensure that firefighters 
who protect our loved ones have the peace of mind that comes from 
knowing that they and their loved ones are safe while they do their 
duty, undertaking heroic actions to protect the public.
  I am passionate about the work of these firefighters. I work with 
them all the time in Texas and, particularly, in Houston. They are the 
ones that are called in a freeze. They are called in a fire. They are 
called in a tornado. They are called in a hurricane. All these matters 
expose them to toxins.
  It is important that Federal firefighters, along with State and local 
firefighters, have these protections.
  The GAO study will be provided by the Jackson Lee amendment, and all 
will be better off. I ask my colleagues to support the amendment.
  Mr. Speaker, I rise in strong support of H.R. 2499, the ``Federal 
Firefighters Fairness Act of 2022.''
  Firefighters put their lives on the line and make extraordinary 
sacrifices to keep us safe and protect us from bodily harm. It's 
imperative that we return the favor, and through the Federal 
Firefighters Fairness Act, we take a major step toward preserving their 
health and securing their lives following their firefighting service.

[[Page H4825]]

  This legislation has solid bipartisan support because it makes sense 
to apply to federal firefighters the same support structure as state 
and local firefighters. To do otherwise would be an injustice. They 
fight fires alongside each other. When residents are at risk and 
buildings are ablaze, there is no distinction according to the 
jurisdiction under which they work.
  H.R. 2499 levels the playing field, ensuring that federal 
firefighters who face health challenges won't also have to face 
bureaucratic challenges that state and local governments do not impose 
on their firefighters.
  My amendment to H.R. 2499 would reinforce that message by elevating 
awareness of the health and safety impacts that firefighters face 
through exposure to toxins and other contaminants.
  Such contaminants are encountered at the site of a fire by materials 
that were incinerated by the fire, such as carcinogens, asbestos, 
household chemicals, and polymers, as well as flame retardant chemicals 
used to extinguish a fire.
  The contaminants can also remain with the firefighter thereafter in 
their clothing, automobiles, and other means of toxic transmissions. 
Such lingering toxicity can also impact the health and safety of a 
firefighter's family members, which can weigh heavily into the thoughts 
of a firefighter in the course of their work.
  The Jackson Lee amendment embodies the important and fundamental idea 
that we have an obligation to ensure that firefighters who protect our 
loved ones have the peace of mind that comes from knowing that they and 
their loved ones are safe while they do their duty, undertaking heroic 
actions to protect the public.
  I am passionate about the work of those who dedicate themselves to 
public service, such as firefighters who are among the ultimate public 
servants, placing their lives in harm's way to save strangers.
  In the case of large-scale fires--whether they involve buildings in 
urban areas, homes in any environment, or forest fires--the risk of 
firefighters' exposure to a variety of toxins and contaminants is 
commensurate with the scope and intensity of the fire they are 
fighting. Large-scale fires thus amplify the risks of exposure.
  It is important that federal, state, and local officials consider all 
of these risks and make plans to preserve health and safety, partly as 
a matter of fairness and responsibility, and partly to ensure strong 
morale among firefighters who respond to these emergencies.
  The GAO study that will be provided by the Jackson Lee amendment will 
report on what is being done to address these needs. The review will 
also consider the effects on high-risk urban areas and rural 
communities, and may recommend appropriate actions pursuant to their 
conclusions.
  Thank you, Mr. Speaker, for bringing this very important bipartisan 
legislation to the Floor today.
  I urge all my colleagues to support the bill, including the Jackson 
Lee amendment and the entire en bloc amendment.
  Ms. FOXX. Mr. Speaker, may I inquire as to how much time is remaining 
on the debate. How much time do I have remaining on the debate?
  The SPEAKER pro tempore. Each side has 2\1/2\ minutes remaining.
  Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
  I have outlined the problems with the amendment that is under 
consideration now, the amendments en bloc. My colleague from Arkansas 
came down to discuss the underlying bill, H.R. 2499. But I am going to 
make a few more comments about this.
  H.R. 2499 creates an unfair, two-tiered system for Federal employees, 
as I have already pointed out. The bill entitles firefighters who 
contract certain illnesses to automatic benefits under the Federal 
Employees' Compensation Act.
  Under the bill, if a Federal Border Patrol agent contracts skin 
cancer from sun exposure due to his or her duties, that agent would go 
through FECA's claim process, as all Federal employees have done since 
the program was created, but the agent would not be presumed to have 
contracted the illness at work. Meanwhile, a Federal firefighter with 
skin cancer would automatically receive benefits.
  If a Federal nurse were to contract chronic obstructive pulmonary 
disease, COPD, from inhaling medical products, the nurse would go 
through FECA's claim process, while a Federal firefighter with COPD 
would automatically receive benefits.
  On the other hand, if Federal firefighters contract lung cancer from 
smoking, they are automatically entitled to benefits under this 
legislation. Other Federal employees who contract lung cancer from 
smoking will likely not be eligible for benefits because their disease 
is not caused by their occupation. The Federal Government should not 
treat workers differently based on their occupation.
  I encourage my colleagues to reject this unfair bill, and I reserve 
the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 1 minute to the gentleman 
from Arizona (Mr. Stanton).
  Mr. STANTON. Mr. Speaker, as we consider this legislation, it is 
important that we not forget the sacrifices made by all who serve. In 
my home State of Arizona, we continue to experience unprecedented 
wildfires year after year.
  Our Federal firefighters are on the front lines, putting themselves 
in harm's way to keep our communities safe. It is time we provide them 
with the care they need and deserve.
  The amendment I am supporting is straightforward. It simply requires 
the Secretary of Labor to report to Congress when petitions to add 
diseases to the list of presumptive work-related illnesses for 
firefighters are approved or denied.
  This amendment will ensure Congress is made aware of petitions 
submitted and changes to the list, ensuring further accountability in 
the decisionmaking process.
  At its core, this amendment aims to promote good governance, 
reporting, and transparency.
  Ms. FOXX. Mr. Speaker, is the gentleman prepared to close? I believe 
I have the right to close.
  The SPEAKER pro tempore. The gentlewoman is correct.
  Ms. FOXX. Is the gentleman from Virginia prepared to close?
  Mr. SCOTT of Virginia. I have one additional speaker, and then I will 
close. And I believe that the gentlewoman from North Carolina has the 
right to close.
  The SPEAKER pro tempore. The gentleman is correct.
  Ms. FOXX. Mr. Speaker, could I inquire again as to how much time I 
have remaining?
  The SPEAKER pro tempore. The gentlewoman has 30 seconds remaining.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 1 minute to the 
gentlewoman from Michigan (Ms. Tlaib).
  Ms. TLAIB. Mr. Speaker, I begin by thanking Congressman Carbajal, as 
well as Chairman Scott, for helping and leading this effort, as well 
as, of course, our committee staff for working with me on this 
amendment.

                              {time}  1345

  This is a commonsense, good-governance amendment that allows for a 
deep dive into the backgrounds of employees that are experiencing 
diseases and conditions covered under this act.
  The report will help us better understand the health challenges 
facing firefighters and identify and address any differences in 
condition prevalence across the different populations.
  Additionally, my amendment provides a space for the Secretary to make 
further recommendations to allow Congress to address some of the 
additional actions needed to help take care of those in providing 
health and safety for Federal firefighters.
  Mr. Speaker, I am very blessed to have this opportunity to lead this 
action and to help our firefighters get the protection that they need. 
I urge my colleagues to please support this amendment.
  Ms. FOXX. Mr. Speaker, I will allow the gentleman to close and then I 
will close, Mr. Speaker.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, these amendments make meaningful improvements to the 
bill, and I hope they will be adopted. I yield back the balance of my 
time.
  Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, my colleague from Virginia and I get along often on 
legislation, we try very hard to be bipartisan. I have to respectfully 
disagree that this amendment improves the bill.
  What we need to do is put this bill off and come up with a very good 
bipartisan bill. We want to protect firefighters as much as the other 
side does. We value them very much, but this is not the legislation we 
need to do that. There are many Federal employees that need to be 
valued and appreciated, and we could do much better than this bill.

[[Page H4826]]

  Mr. Speaker, I urge my colleagues to vote ``no'' on the en bloc 
amendment and ``no'' on the underlying bill, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. Pursuant to House Resolution 1097, the 
previous question is ordered on the amendments en bloc offered by the 
gentleman from Virginia (Mr. Scott).
  The question is on the amendments en bloc.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mrs. GREENE of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.


              Amendment No. 3 Offered by Mr. Joyce of Ohio

  The SPEAKER pro tempore. It is now in order to consider amendment No. 
3 printed in part D of House Report 117-320.
  Mr. JOYCE of Ohio. Mr. Speaker, I have an amendment at the desk.
  The SPEAKER pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Add at the end of the bill the following:

     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, by striking ``30 days'' and inserting ``60 
     days''; and
       (2) modify the Federal Employees Compensation Act manual to 
     reflect the changes to such section made by the Secretary 
     pursuant to paragraph (1).

  The SPEAKER pro tempore. Pursuant to House Resolution 1097, the 
gentleman from Ohio (Mr. Joyce) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Ohio.
  Mr. JOYCE of Ohio. Mr. Speaker, my amendment is to add the text of 
the Kenneth Meisel Public Servants' Claimant Fairness Act to the 
underlying text of the legislation.
  Currently, the deadline for Federal employees to provide the Office 
of Workers' Compensation Programs with information supporting a claim 
for benefits is unrealistically short, just 30 days.
  This deprives many employees and their families of the benefits 
intended to support them through difficult times, including after 
traumatic injury or death.
  The Kenneth Meisel Public Servants' Claimant Fairness Act would amend 
the Federal Employees Compensation Act to establish that claimants who 
have been asked to provide additional evidence supporting their 
occupational illness, traumatic injury, or death claim have at least 60 
days to provide such evidence.
  By allowing additional time for employees and their families to 
provide pertinent information, this bill would ensure that our public 
servants receive the assistance they are entitled to when they are 
injured on the job.
  Mr. Speaker, I am proud to offer this bipartisan amendment, and I 
urge my colleagues to support it. I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent to claim 
the time in opposition, even though I am not opposed to it.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
  Mr. SCOTT of Virginia. Mr. Speaker, for the reasons articulated by 
the gentleman from Ohio, I support the amendment, and I yield back the 
balance of my time.
  Mr. JOYCE of Ohio. Mr. Speaker, I yield 1\1/2\ minutes to the 
gentlewoman from Georgia (Mrs. Greene).
  Mrs. GREENE of Georgia. Mr. Speaker, I rise in opposition to the 
Federal Firefighters Fairness Act, not that we shouldn't be taking care 
of our firefighters, who are some of the greatest among us, endangering 
their lives fighting fires--we appreciate everything that they do.
  I rise in opposition to this bill because this bill is unfair in the 
way that it is written. You see, it looks like, and it reads to be 
really a way to use Federal firefighters but uses them in a way to 
introduce policies like Medicare for All.
  Medicare for All is not something that we should be doing in our 
country. This is the type of health insurance that would fail every 
single American. Using Federal firefighters and providing them with 
treatment automatically for certain diagnoses, even if it doesn't have 
anything to do with their job, isn't the right type of legislation for 
Congress to be passing.
  We should work together on a bill that can take care of our Federal 
firefighters without introducing concepts that are found in Medicare 
for All.
  Mr. JOYCE of Ohio. Mr. Speaker, I urge support of my amendment, and I 
yield back the balance of my time.
  Mr. CARSON. Mr. Speaker, I rise today in support of H.R. 2499, the 
Federal Firefighters Fairness Act of 2022, and the Joyce/Carson 
amendment. Our bipartisan amendment adds the language of our bill, the 
Kenneth Meisel Public Servants' Claimant Fairness Act. This important 
change will increase the time, from 30 days to 60 days, that federal 
employees have to provide supporting documentation to the Office of 
Workers' Compensation Programs to support their occupational illness, 
traumatic injury, or death claim.
  This is very important because firefighters have a much higher rate 
of cancer than the general public, and this amendment to the Federal 
Employees Compensation Act will reduce an unnecessary burden on public 
servants, like our brave men and women who fight fires to keep us safe 
every day.
  I, like my colleagues, have a solemn responsibility to take care of 
our public servants when they are hurt or injured in the course of 
carrying out their duties. Firefighters from my district in 
Indianapolis have shared heart-breaking stories that make it very clear 
that this amendment can help ensure they're compensated after injuries 
on the job. We must not let a month's worth of time be the cause of not 
being able to put food on the table, not being able to pay medical 
bills, or worrying about how to make ends meet. We're talking about not 
just our public servants, but also ensuring their families are taken 
care of when they can't work. This is a problem in all our districts, 
and it is a problem whose solution is simple and long overdue.
  Firefighters know the risk involved in their line of work, but they 
bravely put lives of others first while they work. We must now put 
these brave men and women first and pass this bipartisan amendment. I 
urge my colleagues to vote in favor of this amendment, and the 
underlying bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 1097, the 
previous question is ordered on the amendment offered by the gentleman 
from Ohio (Mr. Joyce).
  The question is on the amendment offered by the gentleman from Ohio 
(Mr. Joyce).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mrs. GREENE of Georgia. Mr. Speaker, on that I demand the yeas and 
nays. The SPEAKER pro tempore. Pursuant to section 3(s) of House 
Resolution 8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.


                 Amendment No. 4 Offered by Mr. Keller

  The SPEAKER pro tempore. It is now in order to consider amendment No. 
4 printed in part D of House Report 117-320.
  Mr. KELLER. Mr. Speaker, I have an amendment at the desk.
  The SPEAKER pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:
       Strike all of the text and insert the following:

     SECTION 1. FIREFIGHTER SPECIAL CLAIMS UNIT.

       (a) In General.--Chapter 81 of title 5, United States Code 
     (known as the ``Federal Employees' Compensation Act'') is 
     amended by inserting after section 8152 the following:

     ``Sec. 8153. Firefighter Special Claims Unit.

       ``There is established in the Office of Workers' 
     Compensation Programs of the Department of Labor the 
     Firefighter Special Claims Unit. The Firefighter Special 
     Claims Unit shall be responsible for processing any claim 
     relating to occupational disease filed

[[Page H4827]]

     by a Federal firefighter, including a wildland firefighter or 
     forestry technician, on or after the date of enactment of 
     this Act under this chapter.''.
       (b) Conforming Amendment.--The analysis for chapter 81 of 
     title 5, United States Code, is amended by inserting after 
     the item relating to section 8152 the following:

``8153. Firefighter Special Claims Unit.''.

     SEC. 2. GAO REPORT.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Education and Labor 
     of the House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate a report on the 
     health care benefits and treatment under chapter 81 of title 
     5, United States Code (known as the ``Federal Employees' 
     Compensation Act'') provided to Federal firefighters with the 
     following conditions:
       (1) Bladder cancer.
       (2) Brain cancer.
       (3) Breast cancer.
       (4) Chronic obstructive pulmonary disease.
       (5) Colorectal cancer.
       (6) Esophageal cancer.
       (7) Kidney cancer.
       (8) Leukemias.
       (9) Lung cancer.
       (10) Mesothelioma.
       (11) Multiple myeloma.
       (12) Non-Hodgkin lymphoma.
       (13) Prostate cancer.
       (14) Skin cancer (melanoma).
       (15) A sudden cardiac event or stroke while, or not later 
     than 24 hours after, engaging in activities related to the 
     employee's occupation.
       (16) Testicular cancer.
       (17) Thyroid cancer.
       (b) Contents.--The report required under subsection (a) 
     shall include--
       (1) a description of any known barriers to the delivery of 
     health care to Federal firefighters submitting an 
     occupational claim under chapter 81 of title 5, United States 
     Code (known as the ``Federal Employees' Compensation Act''), 
     including denials of claims and delays in the processing of 
     claims, and the degree to which such barriers impact the 
     ability of firefighters with legitimate medical needs, 
     including firefighters in rural areas, to access treatment 
     for diseases described in subsection (a);
       (2) an evaluation of the claims submitted by firefighters 
     and survivors under such Act that have been approved, denied, 
     or are waiting for a final determination, including--
       (A) the percentages of claims approved; and
       (B) the average amount of time it takes for a claim to be 
     resolved; and
       (3) a description of the standard that the Department of 
     Labor is using to determine causation with respect to such 
     claims, including information on how the Department created 
     such standard and the frequency with which the Department 
     regularly updates the standard to take into account the 
     latest scientific research, if at all.

  The SPEAKER pro tempore. Pursuant to House Resolution 1097, the 
gentleman from Pennsylvania (Mr. Keller) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. KELLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, all Federal workers deserve timely access to medical 
benefits under the Federal Employees' Compensation Act when they 
contract an occupational illness, whether the worker is a nurse, a 
Border Patrol agent, a forestry technician, or a firefighter.
  Congress should be doing everything in its power to ensure that the 
Federal workers' compensation program is adequately addressing the 
needs of our Nation's public servants.
  Unfortunately, H.R. 2499 does not do that. It removes critical 
program integrity measures and treats our Nation's Federal workers 
unequally. Republicans want to ensure that FECA treats all Federal 
workers appropriately while addressing the unique needs of Federal 
firefighters who have contracted an occupational illness.
  My amendment would make permanent a streamlined and improved claims 
process for Federal firefighters by codifying the Labor Department's 
Firefighter Special Claims Unit.
  The Firefighter Special Claims Unit builds upon the recent work of 
the Department to ensure that firefighters who contracted an 
occupational illness will always have access to a streamlined claims 
process and will receive assistance when filing claims.
  My amendment also directs the GAO to examine whether Federal 
firefighters filing occupational illness claims face barriers to 
receiving healthcare benefits under FECA.
  A report by the GAO will give us the clarity we need to determine 
whether a presumption of eligibility is necessary and should be applied 
to benefit claims by Federal firefighters.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I claim the time in opposition.
  The SPEAKER pro tempore. The gentleman from Virginia is recognized 
for 5 minutes.
  Mr. SCOTT of Virginia. Mr. Speaker, I am prepared to close, and I 
reserve the balance of my time.
  Mr. KELLER. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from North Carolina (Ms. Foxx).
  Ms. FOXX. Mr. Speaker, I think the amendment offered by the gentleman 
from Pennsylvania is eminently sensible and we should all be supporting 
it. It is a small thing to make a bad bill a little bit better.
  As I said before, we should not be voting on this bill, we should put 
it off until we can have a good bipartisan effort. What he is doing 
here would make a bad bill better, and I support the amendment.
  Mr. KELLER. Mr. Speaker, I yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I rise in opposition to this 
amendment.
  We have heard during the debate that the bill gives too much power to 
the Department of Labor by giving it unfettered discretion to add 
diseases to a list of presumptive benefits. That is not correct.
  Any decision by the Department of Labor to add or not to add a 
disease to the list is governed by the Administrative Procedure Act, 
which prohibits arbitrary or capricious decisions.
  The bill also spells out the basis for those decisions: a disease can 
only be added if the Secretary determines, on the basis of the best 
available scientific evidence, that firefighters have a significant 
risk of developing that disease. These are limits on discretion that 
agencies and the courts are familiar with.
  We have also heard that the bill is unnecessary because the 
Department of Labor published a bulletin sending some high-priority 
firefighter illness claims to a special claims unit for streamlined 
claim processing.
  There is a significant difference between a bulletin written by one 
administration that a later administration can simply revoke, and a law 
with mandatory, nondiscretionary duties.
  Instead of depending on decisions by a medical adviser about whether 
a firefighter has proven that his or her illness was caused by his on-
the-job efforts, this bill establishes clear presumptions that workers 
can actually rely on.
  Moreover, the administration's bulletin cuts off its special claims 
procedures for diseases that develop more than 10 years after a 
firefighter left his job. We know that many diseases on the list can 
take more than 10 years to develop. Mesothelioma, for example, 
typically takes as much as 30 years to develop after exposure to 
asbestos.

                              {time}  1400

  The underlying bill does not have that shortcoming.
  We have heard that we should wait and do more studies. Mr. Speaker, 
this bill has been introduced in every Congress for 20 years. If we 
believe that we and our Federal firefighters have waited 20 years and 
if there are studies that need to be done, those studies should have 
been done. State and local firefighters have enjoyed the protections of 
this bill during those 20 years, and it is about time that our Federal 
firefighters get those same protections.
  We have heard that this is extraordinary to provide firefighters with 
a benefit based on a presumption and that somehow that is unfair. But 
we have already had other categories of Federal employees who are 
accorded benefits based on some presumptions.
  The energy workers program provides certain Department of Energy 
employees and contractors presumption-based benefits for the cancers 
and other illnesses that they are at a heightened risk of developing.
  Similarly, the Department of Veterans Affairs presumes that certain 
conditions and disabilities were caused by military service. For 
example, Vietnam veterans diagnosed with certain cancers who were 
exposed to Agent Orange are presumed to have service-related 
disability. There are other programs such as the black lung benefits 
program and the program for 9/11 first responders at the World Trade 
Center which likewise operate in many cases based on presumptions.

[[Page H4828]]

  Finally, as we have mentioned many times, 49 States already offer 
presumptive benefits to firefighters diagnosed with certain cancers and 
heart and lung diseases. This bill is in line with other examples of 
presumptive benefits available to workers who have a high-risk 
occupation and a high risk of contracting certain diseases.
  Federal firefighters have waited long enough for Congress to respond, 
and we must finally give them the opportunity to secure the benefits 
that they need and deserve.
  For that reason, Mr. Speaker, I urge a ``no'' vote on this amendment 
and a ``yes'' vote on the underlying bill, and I yield back the balance 
of my time.
  The SPEAKER pro tempore. Pursuant to House Resolution 1097, the 
previous question is ordered on the amendment offered by the gentleman 
from Pennsylvania (Mr. Keller).
  The question is on the amendment offered by the gentleman from 
Pennsylvania (Mr. Keller).
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. KELLER. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.

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