Sec. 5305. FAIRNESS FOR FEDERAL FIREFIGHTERS
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## SEC. 5305 FAIRNESS FOR FEDERAL FIREFIGHTERS ###
(a)Certain Illnesses and Diseases Presumed to Be Work-related Cause of Disability or Death for Federal Employees in Fire Protection Activities ####
(1)Presumption relating to employees in fire protection activities #####
(A)In general 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 > > **[**[5 U.S.C. 8143b](/us/usc/t5/s8143b)**]** > > > ### “(a) Definitions > > In this section: > > > #### “(1) Employee in fire protection activities > > The term ‘employee in fire protection activities’ means an employee employed as a firefighter (including a wildland 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, or extinguishment of fires or response to emergency situations in which life, property, or the environment is at risk, including the prevention, control, suppression, or management of wildland fires; and > > > ##### “(D) > > performs the activities described in subparagraph
(C)as a primary responsibility of the job of the employee. > > > #### “(2) Rule > > The term ‘rule’ has the meaning given the term in section 804. > > > #### “(3) Secretary > > The term ‘Secretary’ means the Secretary of Labor. > > > ### “(b) Certain Illnesses and Diseased 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 not less than 5 years in aggregate as an employee in fire protection activities, an illness or disease specified on the list established under paragraph
(2)shall be deemed to be proximately caused by the employment of that employee, if the employee is diagnosed with that illness or disease not later than 10 years after the last activedate of employment as an employee in fire protection activities. > > > #### “(2) Establishment of initial list > > There is established under this section the following list of illnesses and 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 suffered while, or not later than 24 hours after, engaging in the activities described in subsection (a)(1)(C). > > > ##### “(O) > > Testicular cancer. > > > ##### “(P) > > Thyroid cancer. > > > #### “(3) Additions to the list > > > ##### “(A) In general > > > ###### “(i) Periodic review > > The Secretary shall— > > > ###### “(I) > > in consultation with the Director of the National Institute for Occupational Safety and Health and any advisory committee determined appropriate by the Secretary, periodically review the list established under paragraph (2); and > > > ###### “(II) > > if the Secretary determines that the weight of the best available scientific evidence warrants adding an illness or disease to the list established under paragraph (2), as described in subparagraph
(B)of this paragraph, make such an addition through a rule that clearly identifies that scientific evidence. > > > ###### “(ii) Classification > > A rule issued by the Secretary under clause
(i)shall be considered to be a major rule for the purposes of chapter 8. > > > ##### “(B) Basis for determination > > The Secretary shall add an illness or disease to the list established under paragraph
(2)based on the weight of the best available scientific evidence that there is a significant risk to employees in fire protection activities of developing that illness or 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.” > . #####
(B)Technical and conforming amendment The table of sections for subchapter I of chapter 81 of title 5, United States Code, is amended by inserting after the item relating to section 8143a the following:" “8143b. Employees in fire protection activities.” ". #####
(C)Application **[**[5 U.S.C. 8143b note](/us/usc/t5/s8143b)**]** The amendments made by this paragraph shall apply to claims for compensation filed on or after the date of enactment of this Act. ####
(2)Research cooperation **[**[5 U.S.C. 8143b note](/us/usc/t5/s8143b)**]** Not later than 120 days after the date of enactment of this Act, the Secretary of Labor (referred to in this subsection as the “Secretary”) shall establish a process by which an employee in fire protection activities, as defined in subsection
(a)of section 8143b of title 5, United States Code, as added by paragraph
(1)of this subsection (referred to in this subsection as an “employee in fire protection activities”) filing a claim under chapter 81 of title 5, United States Code, as amended by this subsection, relating to an illness or disease on the list established under subsection (b)(2) of such section 8143b (referred to in this subsection as “ ‘the list”) as the list may be updated under such section 8143b, shall 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. ####
(3)Agenda for further review **[**[5 U.S.C. 8143b note](/us/usc/t5/s8143b)**]** Not later than 3 years after the date of enactment of this Act, the Secretary shall— #####
(A)evaluate the best available scientific evidence of the risk to an employee in fire protection activities of developing breast cancer, gynecological cancers, and rhabdomyolysis; #####
(B)add breast cancer, gynecological cancers, and rhabdomyolysis to the list, by rule in accordance with subsection (b)(3) of section 8143b of title 5, United States Code, as added by paragraph
(1)of this subsection, if the Secretary determines that such evidence supports that addition; and #####
(C)submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Education and Labor of the House of Representatives a report containing— ######
(i)the findings of the Secretary after making the evaluation required under subparagraph (A); and ######
(ii)the determination of the Secretary under subparagraph (B). ####
(4)Report on federal wildland firefighters #####
(A)Definition In this paragraph, the term “Federal wildland firefighter” means an individual occupying a position in the occupational series developed pursuant to section 40803(d)(1) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(d)(1)). #####
(B)Study The Secretary of the Interior and the Secretary of Agriculture, in consultation with the Director of the National Institute for Occupational Safety and Health and the Secretary, shall conduct a comprehensive study on long-term health effects that Federal wildland firefighters who are eligible to receive compensation for work injuries under chapter 81 of title 5, United States Code, as amended by this subsection, experience after being exposed to fires, smoke, and toxic fumes when in service. #####
(C)Requirements The study required under subparagraph
(B)shall include— ######
(i)the race, ethnicity, age, gender, and time of service of the Federal wildland firefighters participating in the study; and ######
(ii)recommendations to Congress regarding what legislative actions are needed to support the Federal wildland firefighters described in clause
(i)in preventing health issues from the toxic exposure described in subparagraph (B), similar to veterans who are exposed to burn pits. #####
(D)Submission and publication The Secretary of the Interior and the Secretary of Agriculture shall submit the results of the study conducted under this paragraph to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Education and Labor of the House of Representatives and make those results publicly available. ####
(5)Report on affected employees **[**[5 U.S.C. 8152 note](/us/usc/t5/s8152)**]** Beginning on the date that is 1 year after the date of enactment of this Act, with respect to each annual report required under section 8152 of title 5, United States Code, the Secretary— #####
(A)shall include in the report the total number of, and demographics regarding, employees in fire protection activities with illnesses and diseases described in the list (as the list may be updated under this subsection and the amendments made by this subsection), as of the date on which that annual report is submitted, which shall be disaggregated by the specific illness or disease for the purposes of understanding the scope of the problem facing those employees; and #####
(B)may— ######
(i)include in the report any information with respect to employees in fire protection activities that the Secretary determines to be necessary; and ######
(ii)as appropriate, make recommendations in the report for additional actions that could be taken to minimize the risk of adverse health impacts for employees in fire protection activities. ###
(b)Subrogation of Continuation of Pay ####
(1)Subrogation of the united states Section 8131 of title 5, United States Code, is amended— #####
(A)in subsection (a), in the matter preceding paragraph (1), by inserting “continuation of pay or” before “compensation”; and #####
(B)in subsection (c), in the second sentence, by inserting “continuation of pay or” before “compensation already paid”. ####
(2)Adjustment after recover from third person Section 8132 of title 5, United States Code, is amended— #####
(A)in the first sentence— ######
(i)by inserting “continuation of pay or” before “compensation is payable”; ######
(ii)by inserting “continuation of pay or” before “compensation from the United States”; ######
(iii)by striking “in his behalf” and inserting “on his behalf”; and ######
(iv)by inserting “continuation of pay or” before “ ‘compensation paid by the United States”; and #####
(B)by striking the fourth 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.”. ###
(c)Increase in Time-period for FECA Claimant Supply Supporting Documentation to Office of Worker’s Compensation **[**[5 U.S.C. 8121 note](/us/usc/t5/s8121)**]** Not later than 16 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, or any successor regulation, by striking “30 days” and inserting “60 days”; and ####
(2)modify the Federal Employees’ Compensation Act manual to reflect the changes made by the Secretary pursuant to paragraph (1). ## Subtitle B PLUM Act of 2022
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