Federal Firefighters Fairness Act of 2022

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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2499 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2499

    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 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.

    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.
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