H.R. 2499 — what changed

changed This Act may be cited as the “Federal Firefighters Fairness Act of 2021”.2022”.

added “8143b. Employees in fire protection activities.

added “(a) Certain diseases deemed to be proximately caused by employment in fire protection activities

added “(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.

added “(2) Establishment of initial list—There is established under this section the following list of diseases:

added “(A) Bladder cancer.

added “(B) Brain cancer.

added “(C) Chronic obstructive pulmonary disease.

added “(D) Colorectal cancer.

added “(E) Esophageal cancer.

added “(F) Kidney cancer.

added “(G) Leukemias.

added “(H) Lung cancer.

added “(I) Mesothelioma.

added “(J) Multiple myeloma.

added “(K) Non-Hodgkin lymphoma.

added “(L) Prostate cancer.

added “(M) Skin cancer (melanoma).

added “(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).

added “(O) Testicular cancer.

added “(P) Thyroid cancer.

added “(3) Additions to the list

added “(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.

added “(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.

added “(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.

added “(4) Petitions to add to the list

added “(A) In general—Any person may petition the Secretary to add a disease to the list under this section.

added “(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.

added “(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.

added “(b) Definitions—In this section:

added “(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—

removed “(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;

added “(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

added “(D) performs such activities as a primary responsibility of his or her job.

added “(2) Secretary—The term “Secretary” means Secretary of Labor.”

removed “(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

removed “(D) performs such activities as a primary responsibility of his or her job.”

removed “(c)

removed “(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.

removed “(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.

removed “(3) The following diseases shall be presumed to be proximately caused by the employment of the employee in fire protection activities:

removed “(A) If the employee has been employed for a minimum of 5 years in aggregate as an employee in fire protection activities:

removed “(i) Heart disease.

removed “(ii) Lung disease.

removed “(iii) The following cancers:

removed “(I) Brain cancer.

removed “(II) Cancer of the blood or lymphatic systems.

removed “(III) Bladder cancer.

removed “(IV) Kidney cancer.

removed “(V) Testicular cancer.

removed “(VI) Cancer of the digestive system.

removed “(VII) Skin cancer.

removed “(VIII) Cancer of the respiratory system.

removed “(IX) Breast cancer.

removed “(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.

removed “(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.”