Federal Firefighters Fairness Act of 2022
Bill: H.R.2499 | Sponsor: Rep. Carbajal, Salud O. (D-CA)
Policy area: Government Operations and Politics

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.

To amend chapter 81 of title 5, United States Code, to create a 
 presumption that a disability or death of a Federal employee in fire 
 protection activities caused by any of certain diseases is the result 
   of the performance of such employees duty, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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.
                    ``(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.
    ``(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--
            (1) evaluate the best available scientific evidence of the 
        risk to an employee in fire protection activities of developing 
        breast cancer, gynecological cancer, and rhabdomyolysis;
            (2) add breast cancer, gynecological cancer, and 
        rhabdomyolysis 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) 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 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.
    (e) Application.--The amendments made by this section shall apply 
to claims for compensation filed on or after the date of enactment of 
this Act.
    (f) 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.

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.''.

SEC. 4. 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.

SEC. 5. 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).

            Passed the House of Representatives May 11, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.