Federal Firefighters Fairness Act of 2022

Bill: 117-hr-2499
Sponsor: full_name: Rep. Carbajal, Salud O. [D-CA-24]
Introduced: 2021-04-14
Policy area: Government Operations and Politics
Subjects: Blood and blood diseases

Cancer

Cardiovascular and respiratory health

Digestive and metabolic diseases

Disability and paralysis

Disability assistance

Emergency medical services and trauma care

Employee benefits and pensions

Evidence and witnesses

Fires

First responders and emergency personnel

Government employee pay, benefits, personnel management

HIV/AIDS

Hazardous wastes and toxic substances

Health personnel

Infectious and parasitic diseases

Musculoskeletal and skin diseases

Neurological disorders

Worker safety and health
Latest action: action_date: 2022-05-12
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2021-04-14
action_desc: Introduced in House
text: <p><b>Federal Firefighters Fairness Act of </b><b>2021</b></p> <p> This bill provides federal workers' compensation to firefighters who contract certain illnesses as a result of their service.</p> <p>Specifically, the bill provides that (1) heart disease, lung disease, and specified cancers of federal employees employed in fire protection activities for at least 5 years are presumed to be proximately caused by such employment if the employee is diagnosed with the disease within 10 years of employment; and (2) the disability or death of the employee due to such disease is presumed to result from personal injury sustained in the performance of duty. These presumptions also apply to fire protection employees (regardless of the length of employment) who contract any communicable disease at the center of a designated pandemic or any chronic infectious disease that the Department of Labor determines is related to job-related hazards.</p> <p> An <i>employee in fire protection activities</i> 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 extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) performs such activities as a primary responsibility.</p>

action_date: 2022-05-06
action_desc: Reported to House
text: <p><b>Federal Firefighters Fairness Act of </b><b>2022</b></p> <p>This bill makes it easier for federally employed firefighters who contract certain illnesses to qualify for federal workers' compensation.</p> <p>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. <br /></p> <p>The bill also requires the Department of Labor to conduct a review to determine whether breast cancer 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.<br /></p> <p> An <i>employee in fire protection activities</i> 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.</p>

action_date: 2022-05-11
action_desc: Passed House
text: <p><b>Federal Firefighters Fairness Act of </b><b>2022</b></p> <p>This bill makes it easier for federally employed firefighters who contract certain illnesses to qualify for federal workers' compensation.</p> <p>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. </p> <p>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.</p> <p> An <i>employee in fire protection activities</i> 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.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 2499 IN THE HOUSE OF REPRESENTATIVES April 14, 2021 Mr. Carbajal (for himself, Mr. Bacon , Mr. Takano , and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend chapter 81 of title 5, United States Code, to create a presumption that a disability or death of a Federal employee in fire protection activities caused by any of certain diseases is the result of the performance of such employees duty, and for other purposes.

1. Short title This Act may be cited as the Federal Firefighters Fairness Act of 2021 . 2. Certain diseases presumed to be work-related cause of disability or death for Federal employees in fire protection activities (a) Definition Section 8101 of title 5, United States Code, is amended— (1) by striking and at the end of paragraph (19); (2) by striking the period at the end of paragraph (20) and inserting ; and ; and (3) by adding at the end the following: (21) employee in fire protection activities means 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; and (D) performs such activities as a primary responsibility of his or her job. . (b) Presumption relating to employees in fire protection activities Section 8102 of title 5, United States Code, is amended by adding at the end the following: (c) (1) With regard to an employee in fire protection activities, a disease specified in paragraph (3) shall be presumed to be proximately caused by the employment of such employee, subject to the length of service requirements specified. The disability or death of an employee in fire protection activities due to such a disease shall be presumed to result from personal injury sustained while in the performance of such employee’s duty. Such presumptions may be rebutted by a preponderance of the evidence from the employing agency. (2) Such presumptions apply only if the employee in fire protection activities is diagnosed with the disease for which presumption is sought within 10 years of the last active date of employment as an employee in fire protection activities. (3) The following diseases shall be presumed to be proximately caused by the employment of the employee in fire protection activities: (A) If the employee has been employed for a minimum of 5 years in aggregate as an employee in fire protection activities: (i) Heart disease. (ii) Lung disease. (iii) The following cancers: (I) Brain cancer. (II) Cancer of the blood or lymphatic systems. (III) Bladder cancer. (IV) Kidney cancer. (V) Testicular cancer. (VI) Cancer of the digestive system. (VII) Skin cancer. (VIII) Cancer of the respiratory system. (IX) Breast cancer. (iv) Any other cancer the contraction of which the Secretary of Labor through regulations determines to be related to the hazards to which an employee in fire protection activities may be subject. (B) Regardless of the length of time an employee in fire protection activities has been employed, any communicable disease that has been determined to be a pandemic by the World Health Organization or the United States Centers for Disease Control and Prevention, or any chronic infectious disease, the contraction of which the Secretary of Labor through regulations determines to be related to the hazards to which an employee in fire protection activities may be subject. . (c) Application The amendments made by this section shall apply to a covered disability or death that occurs on or after the date of the enactment of this Act.

tv_txt: IIB 117th CONGRESS 2d Session H. R. 2499 IN THE SENATE OF THE UNITED STATES May 12, 2022 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT 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.

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 of title 5, United States Code, is amended by inserting after section 8143a the following: 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. 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. . 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. 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. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 226 117th CONGRESS 2d Session H. R. 2499 [Report No. 117–306] IN THE HOUSE OF REPRESENTATIVES April 14, 2021 Mr. Carbajal (for himself, Mr. Bacon , Mr. Takano , and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Education and Labor May 6, 2022 Additional sponsors: Mr. Turner , Ms. Scanlon , Mr. Foster , Mr. Sherman , Ms. Norton , Mrs. Napolitano , Mr. Swalwell , Ms. Wild , Ms. Bush , Ms. Pingree , Mr. Peters , Mr. Ryan , Mr. Smith of New Jersey , Mr. Van Drew , Mr. Harder of California , Mr. Sean Patrick Maloney of New York , Mr. Cohen , Ms. Craig , Mrs. Luria , Mr. Lawson of Florida , Mrs. Demings , Ms. Spanberger , Mr. Johnson of Ohio , Mr. Larsen of Washington , Ms. Dean , Mr. Kim of New Jersey , Mr. Brown of Maryland , Ms. Strickland , Mr. Lamb , Ms. Sherrill , Ms. Schrier , Mr. Raskin , Mr. Kildee , Mr. LaMalfa , Ms. Manning , Mr. Costa , Mr. Delgado , Ms. Slotkin , Mr. Pocan , Mr. Quigley , Mr. Perlmutter , Ms. Wasserman Schultz , Mr. Horsford , Ms. Jackson Lee , Mrs. Trahan , Mr. Courtney , Mr. McKinley , Mr. Trone , Ms. Brownley , Mrs. Hayes , Ms. Porter , Mr. Carter of Louisiana , Mr. Suozzi , Mr. Ruppersberger , Ms. Lee of California , Mr. Vicente Gonzalez of Texas , Mr. Lynch , Mr. Sarbanes , Mr. Garamendi , Mr. Vargas , Ms. Barragán , Mrs. Axne , Ms. Stansbury , Mr. Panetta , Mr. Fortenberry , Mr. Levin of California , Mr. McNerney , Mr. O'Halleran , Ms. Houlahan , Mr. Lowenthal , Mr. Gottheimer , Mr. Pascrell , Mr. Neguse , Mr. Garbarino , Mr. Aguilar , Mr. McGovern , Ms. Waters , Mr. Norcross , Mrs. Carolyn B. Maloney of New York , Mr. Beyer , Mr. Levin of Michigan , Ms. Omar , Mr. Grijalva , Mr. Morelle , Ms. Escobar , Mr. DeSaulnier , Ms. Titus , Mrs. Bustos , Mr. Correa , Ms. Sánchez , Mr. Kahele , Mr. Cleaver , Mr. Pappas , Ms. Kuster , Mrs. Wagner , Mr. Kilmer , Ms. Bourdeaux , Mr. Tony Gonzales of Texas , Mr. Khanna , Mr. Soto , Ms. Lois Frankel of Florida , Mr. Young , Mr. Golden , Mr. Casten , Ms. Roybal-Allard , Mr. Nadler , Mr. Cárdenas , Ms. Wexton , Mr. Schrader , Mr. Huffman , Mr. Torres of New York , Ms. DeGette , Ms. Jayapal , Mr. Crow , Ms. Matsui , Mrs. Torres of California , Mr. Brendan F. Boyle of Pennsylvania , Ms. Adams , Mr. Connolly , Mrs. Dingell , Mr. Espaillat , Mr. Higgins of New York , Mr. Cuellar , Mr. Blumenauer , Ms. Ross , Mr. Thompson of Pennsylvania , Mr. Rush , Ms. Wilson of Florida , Mr. Bishop of Georgia , Ms. McCollum , Ms. Tlaib , Ms. Bonamici , Mr. Gallego , Mr. Castro of Texas , Mr. Carson , Ms. DelBene , Mrs. Cherfilus-McCormick , Mr. DeFazio , Mr. García of Illinois , Mr. Auchincloss , Mr. Malinowski , Mrs. Lawrence , Ms. Leger Fernandez , Ms. Newman , Ms. Salazar , Ms. Meng , Mr. Scott of Virginia , Ms. Herrera Beutler , Mr. Mrvan , Mr. Mfume , Mr. Bowman , Mr. Reed , Mr. Jones , Mr. Katko , Mr. Cole , Ms. Lofgren , Mr. Yarmuth , Mr. Schiff , Mr. Joyce of Ohio , Mr. Wittman , Ms. Brown of Ohio , Ms. Cheney , Mr. Stanton , Mr. Langevin , Mr. David Scott of Georgia , Mrs. Watson Coleman , Mr. Jeffries , Ms. Schakowsky , Mr. Danny K. Davis of Illinois , Mrs. McBath , Ms. Velázquez , Ms. Kaptur , Mr. McEachin , Ms. Kelly of Illinois , Ms. Williams of Georgia , Ms. Chu , Mr. Moulton , Mr. Hudson , Mr. Barr , Mr. Larson of Connecticut , Mr. Veasey , Ms. Sewell , Mr. Himes , Mr. Johnson of Georgia , Mr. Smith of Washington , Ms. Jacobs of California , Mrs. Radewagen , Mr. Cicilline , Mr. Green of Texas , Mr. Welch , Mr. Bera , Mr. Bost , Mrs. Kim of California , Mr. Evans , Ms. Clark of Massachusetts , Mr. Krishnamoorthi , Mr. Thompson of California , Mr. Sablan , Ms. Blunt Rochester , and Ms. Stevens 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 Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on April 14, 2021 A BILL To amend chapter 81 of title 5, United States Code, to create a presumption that a disability or death of a Federal employee in fire protection activities caused by any of certain diseases is the result of the performance of such employees duty, and for other purposes.

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 of title 5, United States Code, is amended by inserting after section 8143a the following (and by conforming the table of contents of such chapter accordingly): 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) 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

tv_txt: IB 117th CONGRESS 2d Session H. R. 2499 IN THE HOUSE OF REPRESENTATIVES AN ACT 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.

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 of title 5, United States Code, is amended by inserting after section 8143a the following: 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. 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. . 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. 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. Cheryl L. Johnson, Clerk.