Federal Firefighters Fairness Act of 2022

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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:43 May 12, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2499.RFS H2499 kjohnson on DSK79L0C42PROD with BILLS 2 HR 2499 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Federal Firefighters 2 Fairness Act of 2022’’. 3 SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RE- 4 LATED CAUSE OF DISABILITY OR DEATH FOR 5 FEDERAL EMPLOYEES IN FIRE PROTECTION 6 ACTIVITIES. 7 (a) PRESUMPTION RELATING TO EMPLOYEES IN 8 FIRE PROTECTION ACTIVITIES.—Subchapter I of chapter 9 81 of title 5, United States Code, is amended by inserting 10 after section 8143a the following: 11 ‘‘§ 8143b. Employees in fire protection activities. 12 ‘‘(a) CERTAIN DISEASES DEEMED TO BE PROXI- 13 MATELY CAUSED BY EMPLOYMENT IN FIRE PROTECTION 14 ACTIVITIES.— 15 ‘‘(1) IN GENERAL.—For a claim under this sub- 16 chapter of disability or death of an employee who 17 has been employed for a minimum of 5 years in ag- 18 gregate as an employee in fire protection activities, 19 a disease specified on the list established under 20 paragraph (2) shall be deemed to be proximately 21 caused by the employment of such employee. 22 ‘‘(2) ESTABLISHMENT OF INITIAL LIST.—There 23 is established under this section the following list of 24 diseases: 25 ‘‘(A) Bladder cancer. 26 VerDate Sep 11 2014 21:43 May 12, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2499.RFS H2499 kjohnson on DSK79L0C42PROD with BILLS 3 HR 2499 RFS ‘‘(B) Brain cancer. 1 ‘‘(C) Chronic obstructive pulmonary dis- 2 ease. 3 ‘‘(D) Colorectal cancer. 4 ‘‘(E) Esophageal cancer. 5 ‘‘(F) Kidney cancer. 6 ‘‘(G) Leukemias. 7 ‘‘(H) Lung cancer. 8 ‘‘(I) Mesothelioma. 9 ‘‘(J) Multiple myeloma. 10 ‘‘(K) Non-Hodgkin lymphoma. 11 ‘‘(L) Prostate cancer. 12 ‘‘(M) Skin cancer (melanoma). 13 ‘‘(N) A sudden cardiac event or stroke 14 while, or not later than 24 hours after, engag- 15 ing in the activities described in subsection 16 (b)(1)(C). 17 ‘‘(O) Testicular cancer. 18 ‘‘(P) Thyroid cancer. 19 ‘‘(3) ADDITIONS TO THE LIST.— 20 ‘‘(A) IN GENERAL.—The Secretary shall 21 periodically review the list established under 22 this section in consultation with the Director of 23 the National Institute on Occupational Safety 24 and Health and shall add a disease to the list 25 VerDate Sep 11 2014 21:43 May 12, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2499.RFS H2499 kjohnson on DSK79L0C42PROD with BILLS 4 HR 2499 RFS by rule, upon a showing by a petitioner or on 1 the Secretary’s own determination, in accord- 2 ance with this paragraph. 3 ‘‘(B) BASIS FOR DETERMINATION.—The 4 Secretary shall add a disease to the list upon a 5 showing by a petitioner or the Secretary’s own 6 determination, based on the weight of the best 7 available scientific evidence, that there is a sig- 8 nificant risk to employees in fire protection ac- 9 tivities of developing such disease. 10 ‘‘(C) AVAILABLE EXPERTISE.—In deter- 11 mining significant risk for purposes of subpara- 12 graph (B), the Secretary may accept as authori- 13 tative and may rely upon recommendations, risk 14 assessments, and scientific studies (including 15 analyses of National Firefighter Registry data 16 pertaining to Federal firefighters) by the Na- 17 tional Institute for Occupational Safety and 18 Health, the National Toxicology Program, the 19 National Academies of Sciences, Engineering, 20 and Medicine, and the International Agency for 21 Research on Cancer. 22 ‘‘(4) PETITIONS TO ADD TO THE LIST.— 23 VerDate Sep 11 2014 21:43 May 12, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2499.RFS H2499 kjohnson on DSK79L0C42PROD with BILLS 5 HR 2499 RFS ‘‘(A) IN GENERAL.—Any person may peti- 1 tion the Secretary to add a disease to the list 2 under this section. 3 ‘‘(B) CONTENT OF PETITION.—Such peti- 4 tion shall provide information to show that 5 there is sufficient evidence of a significant risk 6 to employees in fire protection activities of de- 7 veloping such illness or disease from their em- 8 ployment. 9 ‘‘(C) TIMELY AND SUBSTANTIVE DECI- 10 SIONS.—Not later than 18 months after receipt 11 of a petition, the Secretary shall either grant or 12 deny the petition by publishing in the Federal 13 Register a written explanation of the reasons 14 for the Secretary’s decision. The Secretary may 15 not deny a petition solely on the basis of com- 16 peting priorities, inadequate resources, or insuf- 17 ficient time for review. 18 ‘‘(D) NOTIFICATION TO CONGRESS.—Not 19 later than 30 days after making any decision to 20 approve or deny a petition under this para- 21 graph, the Secretary shall notify the Committee 22 on Education and Labor of the House of Rep- 23 resentatives and the Committee on Homeland 24 VerDate Sep 11 2014 21:43 May 12, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2499.RFS H2499 kjohnson on DSK79L0C42PROD with BILLS 6 HR 2499 RFS Security and Government Affairs of the Senate 1 of such decision. 2 ‘‘(b) DEFINITIONS.—In this section: 3 ‘‘(1) EMPLOYEE IN FIRE PROTECTION ACTIVI- 4 TIES.—The term ‘employee in fire protection activi- 5 ties’ means an employee employed as a firefighter, 6 paramedic, emergency medical technician, rescue 7 worker, ambulance personnel, or hazardous material 8 worker, who— 9 ‘‘(A) is trained in fire suppression; 10 ‘‘(B) has the legal authority and responsi- 11 bility to engage in fire suppression; 12 ‘‘(C) is engaged in the prevention, control, 13 and extinguishment of fires or response to 14 emergency situations where life, property, or 15 the environment is at risk, including the pre- 16 vention, control, suppression, or management of 17 wildland fires; and 18 ‘‘(D) performs such activities as a primary 19 responsibility of his or her job. 20 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 21 Secretary of Labor.’’. 22 (b) RESEARCH COOPERATION.—Not later than 120 23 days after the date of enactment of this Act, the Secretary 24 of Labor shall establish a process by which a Federal em- 25 VerDate Sep 11 2014 21:43 May 12, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2499.RFS H2499 kjohnson on DSK79L0C42PROD with BILLS 7 HR 2499 RFS ployee in fire protection activities filing a claim related to 1 a disease on the list established by section 8143b of title 2 5, United States Code, will be informed about and offered 3 the opportunity to contribute to science by voluntarily en- 4 rolling in the National Firefighter Registry or a similar 5 research or public health initiative conducted by the Cen- 6 ters for Disease Control and Prevention. 7 (c) AGENDA FOR FURTHER REVIEW.—Not later than 8 3 years after the date of enactment of this Act, the Sec- 9 retary shall— 10 (1) evaluate the best available scientific evi- 11 dence of the risk to an employee in fire protection 12 activities of developing breast cancer, gynecological 13 cancer, and rhabdomyolysis; 14 (2) add breast cancer, gynecological cancer, and 15 rhabdomyolysis to the list established under section 16 8143b of title 5, United States Code, by rule in ac- 17 cordance with subsection (a)(3) of such section, if 18 the Secretary determines that such evidence sup- 19 ports such addition; and 20 (3) submit a report of the Secretary’s findings 21 under paragraph (1) and the Secretary’s determina- 22 tion under paragraph (2) to the Committee on Edu- 23 cation and Labor of the House and the Committee 24 VerDate Sep 11 2014 21:43 May 12, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2499.RFS H2499 kjohnson on DSK79L0C42PROD with BILLS 8 HR 2499 RFS on Homeland Security and Governmental Affairs of 1 the Senate. 2 (d) REPORT ON FEDERAL WILDLAND FIRE- 3 FIGHTERS.—The Director of the National Institute for 4 Occupational Safety and Health shall conduct a com- 5 prehensive study on long-term health effects that Federal 6 wildland firefighters who are eligible to receive workers’ 7 compensation under chapter 81 of title 5, United States 8 Code, experience after being exposed to fires, smoke, and 9 toxic fumes when in service. Such study shall include— 10 (1) the race, ethnicity, age, gender, and time of 11 service of such Federal wildland firefighters partici- 12 pating in the study; and 13 (2) recommendations to Congress on what legis- 14 lative actions are needed to support such Federal 15 wildland firefighters in preventing health issues from 16 this toxic exposure, similar to veterans that are ex- 17 posed to burn pits. 18 (e) APPLICATION.—The amendments made by this 19 section shall apply to claims for compensation filed on or 20 after the date of enactment of this Act. 21 (f) REPORT ON AFFECTED EMPLOYEES.—Beginning 22 1 year after the date of enactment of this Act, the Sec- 23 retary shall include in each annual report on implementa- 24 tion of the Federal Employees’ Compensation Act pro- 25 VerDate Sep 11 2014 21:43 May 12, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2499.RFS H2499 kjohnson on DSK79L0C42PROD with BILLS 9 HR 2499 RFS gram and issues arising under it that the Secretary makes 1 pursuant to section 8152 of title 5, United States Code, 2 the total number and demographics of employees with dis- 3 eases and conditions described in the amendments made 4 by this Act as of the date of such annual report, 5 disaggregated by the specific condition or conditions, for 6 the purposes of understanding the scope of the problem. 7 The Secretary may include any information they deem 8 necessary and, as appropriate, may make recommenda- 9 tions for additional actions that could be taken to mini- 10 mize the risk of adverse health impacts for Federal em- 11 ployees in fire protection activities. 12 SEC. 3. SUBROGATION OF CONTINUATION OF PAY. 13 (a) SUBROGATION OF THE UNITED STATES.—Sec- 14 tion 8131 of title 5, United States Code, is amended— 15 (1) in subsection (a), by inserting ‘‘continuation 16 of pay or’’ before ‘‘compensation’’; and 17 (2) in subsection (c), by inserting ‘‘continuation 18 of pay or’’ before ‘‘compensation already paid’’. 19 (b) ADJUSTMENT AFTER RECOVERY FROM A THIRD 20 PERSON.—Section 8132 of title 5, United States Code, is 21 amended— 22 (1) by inserting ‘‘continuation of pay or’’ before 23 ‘‘compensation’’ the first and second place it ap- 24 pears; 25 VerDate Sep 11 2014 21:43 May 12, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2499.RFS H2499 kjohnson on DSK79L0C42PROD with BILLS 10 HR 2499 RFS (2) by striking ‘‘in his behalf’’ and inserting 1 ‘‘on his behalf’’; 2 (3) by inserting ‘‘continuation of pay and’’ be- 3 fore ‘‘compensation’’ the third place it appears; and 4 (4) by striking the 4th sentence and inserting 5 the following: ‘‘If continuation of pay or compensa- 6 tion has not been paid to the beneficiary, the money 7 or property shall be credited against continuation of 8 pay or compensation payable to him by the United 9 States for the same injury.’’. 10 SEC. 4. PROTECTION OF FIREFIGHTERS FROM TOXIC 11 CHEMICALS AND OTHER CONTAMINANTS. 12 (a) IN GENERAL.—Not later than 1 year after the 13 date of the enactment of this Act, the Comptroller General 14 of the United States shall submit to the Committee on 15 Education and Labor of the House of Representatives and 16 the Committee on Health, Education, Labor, and Pen- 17 sions of the Senate a report that evaluates the health and 18 safety impacts on employees engaged in fire protection ac- 19 tivities that result from the employees’ exposure to toxic 20 chemicals and other contaminants that could cause human 21 health problems. The report may include information on— 22 (1) the degree to which such programs and poli- 23 cies include consideration of the possibility of toxic 24 exposure of such employees who may come into con- 25 VerDate Sep 11 2014 21:43 May 12, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2499.RFS H2499 kjohnson on DSK79L0C42PROD with BILLS 11 HR 2499 RFS tact with residue from fibers, combusted building 1 materials such as asbestos, household chemicals, 2 polymers, flame-retardant chemicals, and other po- 3 tentially toxic contaminants; 4 (2) the availability and proper maintenance of 5 professional protective equipment and secure storage 6 of such equipment in employees’ homes and auto- 7 motive vehicles; 8 (3) the availability of home instructions for em- 9 ployees regarding toxins and contaminants, and the 10 appropriate procedures to counteract exposure to 11 same; 12 (4) the employees’ interests in protecting the 13 health and safety of family members from exposure 14 to toxic chemicals and other contaminants to which 15 the employees may have been exposed; and 16 (5) other related factors. 17 (b) CONTEXT.—In preparing the report required 18 under subsection (a), the Comptroller General of the 19 United States may, as appropriate, provide information in 20 a format that delineates high risk urban areas from rural 21 communities. 22 (c) DEPARTMENT OF LABOR CONSIDERATION.— 23 After issuance of the report required under subsection (a), 24 the Secretary of Labor shall consider such report’s find- 25 VerDate Sep 11 2014 21:43 May 12, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2499.RFS H2499 kjohnson on DSK79L0C42PROD with BILLS 12 HR 2499 RFS ings and assess its applicability for purposes of the amend- 1 ments made by section 2. 2 SEC. 5. INCREASE IN TIME-PERIOD FOR FECA CLAIMANT 3 TO SUPPLY SUPPORTING DOCUMENTATION 4 TO OFFICE OF WORKER’S COMPENSATION. 5 Not later than 60 days after the date of enactment 6 of this Act, the Secretary of Labor shall— 7 (1) amend section 10.121 of title 20, Code of 8 Federal Regulations, by striking ‘‘30 days’’ and in- 9 serting ‘‘60 days’’; and 10 (2) modify the Federal Employees Compensa- 11 tion Act manual to reflect the changes to such sec- 12 tion made by the Secretary pursuant to paragraph 13 (1). 14 Passed the House of Representatives May 11, 2022. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 21:43 May 12, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2499.RFS H2499 kjohnson on DSK79L0C42PROD with BILLS