[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3910 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3910
To establish a presumption that certain firefighters who are Federal
employees and have COVID-19 contracted that disease while in the
performance of their official duties, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2020
Mr. Manchin (for himself and Mr. Udall) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To establish a presumption that certain firefighters who are Federal
employees and have COVID-19 contracted that disease while in the
performance of their official duties, 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 ``COVID-19 as a Presumptive Disease in
Wildland Firefighters Act''.
SEC. 2. COVID-19 AND FEDERAL FIREFIGHTERS.
(a) Definitions.--In this section:
(1) Fire season.--The term ``fire season'' means the period
beginning on May 15, 2020, and ending on November 15, 2020.
(2) Firefighter.--The term ``firefighter'' means an
employee, as that term is defined in section 8101 of title 5,
United States Code, who--
(A) possesses a certification that qualifies the
individual to work on a wildland fire incident
(commonly known as an ``Incident Qualification Card'');
and
(B)(i) occupies a position that identifies wildland
firefighting as a primary job duty; or
(ii) has been deployed to a wildland fire incident,
as documented in--
(I) a resource order; or
(II) the Interagency Resource Ordering
Capability system administered by the Secretary
of Agriculture or the Secretary of the
Interior.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor, acting through the Director of the Office of Workers'
Compensation Programs of the Department of Labor.
(4) Wildland fire incident.--The term ``wildland fire
incident'' means a wildfire that--
(A) occurs during the fire season; and
(B) is--
(i) tracked in the Integrated Reporting of
Wildland-Fire Information service; or
(ii) assigned a unique fire code by a
geographic area coordination center.
(b) Pre-Work Testing.--
(1) In general.--Consistent with paragraph (2), the
Secretary of the Interior and the Secretary of Agriculture
shall ensure that each firefighter who is employed by the
applicable agency--
(A) is tested for--
(i) COVID-19; or
(ii) symptoms of COVID-19; or
(B) self-quarantines for not less than 14 days and
is determined to not have symptoms of COVID-19 through
the use of a COVID-19 screening tool developed by the
Secretary of the Interior and the Secretary of
Agriculture.
(2) Timing of action.--The Secretary of the Interior and
the Secretary of Agriculture shall take the applicable action
required under paragraph (1)--
(A) with respect to a firefighter described in
subsection (a)(2)(B)(i)--
(i) before the beginning of the fire
season; or
(ii) before the firefighter performs any
work as a firefighter during the fire season;
and
(B) with respect to a firefighter described in
subsection (a)(2)(B)(ii), before the firefighter
performs any work as a firefighter during a wildland
fire incident.
(c) Compensation for Work Injuries.--
(1) In general.--For the purposes of sections 8103 and 8124
of title 5, United States Code, a firefighter described in
paragraph (2) is deemed to have been injured while in the
performance of the duty of the firefighter.
(2) Eligibility.--
(A) In general.--A firefighter is described in this
paragraph if--
(i)(I) the firefighter records at a
wildland fire incident, duty station, or
medical facility--
(aa) a fever of not less than 100.5
degrees Fahrenheit, as measured with a
thermometer; and
(bb) a blood-oxygen saturation
level of less than 94 percent, as
measured with a pulse oximeter;
(II) a qualified physician issues a written
opinion that the firefighter likely has COVID-
19; or
(III) the firefighter has a positive COVID-
19 test result; and
(ii) the qualifying event with respect to the
firefighter under clause (i) occurs--
(I) with respect to a firefighter described
in subsection (a)(2)(B)(i), during the period
beginning on the date on which the fire season
begins and ending on the date that is 28 days
after the date on which the fire season ends;
and
(II) with respect to a firefighter
described in subsection (a)(2)(B)(ii), during
the period beginning on the date on which the
firefighter is deployed to the applicable
wildland fire incident and ending on the date
that is 28 days after the date on which that
deployment ends.
(B) Research.--The Secretary of the Interior and
the Secretary of Agriculture, in consultation with the
Secretary, may--
(i) research COVID-19 detection methods;
and
(ii) modify the list of symptoms described
in subparagraph (A)(i)(I) if any findings made
while conducting research performed under
clause (i) of this subparagraph warrant such a
modification.
(3) Classification of injury.--With respect to a
firefighter to whom the presumption under paragraph (1)
applies, the injury suffered by the firefighter shall be
considered to result from COVID-19.
(4) Period of disability.--The period of disability with
respect to a firefighter to whom the presumption under
paragraph (1) applies shall be determined in accordance with
subchapter I of chapter 81 of title 5, United States Code, and
the rules issued under that subchapter.
(d) Claims.--The Secretary may waive or modify the requirements
under any of paragraphs (1) through (6) of section 8121 of title 5,
United States Code, with respect to a firefighter to whom the
presumption under subsection (c)(1) applies if the Secretary determines
that such waiver or modification is necessary or appropriate in
carrying out this section.
(e) Authorization of Procedures.--The Secretary shall expedite, to
the maximum extent practicable, authorization for the furnishing of
medical procedures and for bill processing relating to treatment of
COVID-19 for a firefighter to whom the presumption under subsection
(c)(1) applies.
<all>
COVID–19 as a Presumptive Disease in Wildland Firefighters Act
#3910 | S Congress #116
Policy Area: Government Operations and Politics
Subjects: Administrative remediesCardiovascular and respiratory healthEmergency medical services and trauma careFiresFirst responders and emergency personnelForests, forestry, treesGovernment employee pay, benefits, personnel managementHealth care costs and insuranceInfectious and parasitic diseasesMedical researchMedical tests and diagnostic methodsWorker safety and health
Last Action: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (6/8/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text