Federal Firefighters Fairness Act of 2022
This bill provides federal workers' compensation to firefighters who contract certain illnesses as a result of their service.
Specifically, the bill provides that 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. The Department of Labor must periodically review the bill's listed diseases and conditions and make appropriate additions.
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 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.
Additionally, the Department of Interior and the Department of Agriculture must jointly study the long-term health effects experienced by federal wildland firefighters who are eligible for workers' compensation. The bill also requires Labor to revise regulations so as to allow at least 60 days (rather than at least 30 days) for a claimant to submit any additional evidence that is requested by the Office of Workers' Compensation Programs to support a federal workers' compensation claim.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1116 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1116
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2021
Mr. Carper (for himself, Ms. Collins, Mrs. Feinstein, Mr. King, and Mr.
Van Hollen) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
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.
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
2021''.
SEC. 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 117-146.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 117-146.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 485.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line