Federal Firefighters Fairness Act of 2022

To amend chapter 81 1. Short title This Act may be cited as the Federal Firefighters Fairness Act of 2022 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 section 8143a 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 (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 . (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) Review of science on breast cancer Not later than 3 years after the date of enactment of this Act, the Secretary shall— (1) evaluate the best available scientific evidence of the risk to an employee in fire protection activities of developing breast cancer; (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 Health, Education, Labor, and Pensions 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. May 6, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Federal Firefighters Fairness Act of 2022 This bill makes it easier for federally employed firefighters who contract certain illnesses to qualify for federal workers' compensation. Specifically, the bill provides that chronic obstructive pulmonary disease, mesothelioma, and specified other cancers of those employed in fire protection activities for at least five years are presumed to be proximately caused by such employment for purposes of a disability or death claim under the federal workers' compensation program. This presumption also applies to federal employees employed in fire protection activities for at least five years who experience a sudden cardiac event or stroke within 24 hours of performing a fire protection activity. The bill also requires the Department of Labor to conduct a review to determine whether breast cancer, gynecological cancer, and rhabdomyolysis should be included under the presumption and to conduct periodic reviews to determine whether other diseases should be included. In addition, a person may petition Labor to include another disease under the presumption. An employee in fire protection activities is a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker who (1) is trained in fire suppression; (2) has the legal authority and responsibility to engage in fire suppression; (3) is engaged in the prevention, control, and extinguishing 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 (4) performs such activities as a primary responsibility.