HouseH.R. 10492119th Congress
Wildland Firefighter Health and Safety Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10492 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10492
To authorize the Federal Wildland Firefighter Health and Wellbeing
Program, a comprehensive initiative to improve the health of Federal
wildland firefighters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2026
Ms. Dexter (for herself, Mr. Huffman, and Mr. Gallagher) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committees on Agriculture, and
Education and Workforce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize the Federal Wildland Firefighter Health and Wellbeing
Program, a comprehensive initiative to improve the health of Federal
wildland firefighters, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Wildland
Firefighter Health and Safety Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Wildland Firefighter Health Task Force.
Sec. 4. Federal Wildland Firefighter Health and Wellbeing Program.
Sec. 5. Occupational safety and health research.
Sec. 6. Occupational safety and health standards for wildland
firefighter protection.
Sec. 7. Office of Workers' Compensation Programs.
Sec. 8. Duty time for hygiene and gear decontamination for Federal
wildland firefighters.
Sec. 9. Government Accountability Office study.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory panel.--The term ``Advisory Panel'' means the
Wildland Firefighter Health Advisory Panel established under
section 3(e).
(2) Clean apparatus cab protocol.--The term ``clean
apparatus cab protocol'' means an exposure-reduction protocol
for crew transport vehicles and other apparatuses supporting
wildland fire operations--
(A) to prevent the transfer of hazardous, toxic,
and carcinogenic materials and compounds;
(B) to establish protocols for reducing exposures;
and
(C) to establish decontamination procedures.
(3) Health strategy.--The term ``Health Strategy'' means
the Wildland Firefighter Health Strategy developed under
section 3(f).
(4) Pilot program.--The term ``Pilot Program'' means the
respiratory protection pilot program established under section
5(b).
(5) Program director.--The term ``Program Director'' means
the Federal Wildland Firefighter Health and Wellbeing Program
Director appointed under section 4(c).
(6) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior; and
(B) the Secretary of Agriculture, acting through
the Chief of the Forest Service.
(7) Support staff.--The term ``support staff'' means any
Federal employee who supports fire activities outside of their
primary job responsibilities--
(A) under the direction of either of the
Secretaries; or
(B) under a contract or compact with a federally
recognized Indian Tribe.
(8) Task force.--The term ``Task Force'' means the Wildland
Firefighter Health Task Force established under section 3(a).
(9) Wellbeing program.--The term ``Wellbeing Program''
means the Federal Wildland Firefighter Health and Wellbeing
Program established under section 4(a).
(10) Wildland firefighter.--The term ``wildland
firefighter'' means a firefighter--
(A) who--
(i) is employed by the Forest Service or
the Department of the Interior;
(ii) participates in wildland firefighting
activities under the direction of either of the
Secretaries; or
(iii) is under a contract or compact with a
federally recognized Indian Tribe; and
(B) whose duties primarily relate to fires
occurring on forest land, range land, or other
wildland, as opposed to structural fires.
SEC. 3. WILDLAND FIREFIGHTER HEALTH TASK FORCE.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Interior, in coordination with
the Secretary of Agriculture, shall establish within the Department of
the Interior an interagency Task Force, to be known as the ``Wildland
Firefighter Health Task Force''.
(b) Composition.--
(1) In general.--The Task Force shall be composed of
representatives of Federal agencies, to be chosen by the
Secretaries, including not fewer than 1 representative from
each of the following agencies:
(A) The Bureau of Land Management.
(B) The National Park Service.
(C) The Bureau of Indian Affairs.
(D) The United States Fish and Wildlife Service.
(E) The Forest Service.
(F) Wildland firefighting agencies under the
Department of Interior or the Department of
Agriculture.
(G) The National Institute for Occupational Safety
and Health.
(H) The Occupational Safety and Health
Administration.
(I) The Environmental Protection Agency.
(2) DOD participation.--The Secretaries may extend
invitations to relevant Department of Defense representatives
to participate as Task Force members.
(c) Chairperson.--The Program Director shall be the chair of the
Task Force.
(d) Responsibilities of the Task Force.--The Task Force shall--
(1) provide for interagency coordination to identify
administrative and engineering controls--
(A) to be used during arduous wildland fire
operations to prevent or significantly reduce
inhalation and dermal exposures to toxic and hazardous
substances and conditions; and
(B) to the maximum extent practicable, that can be
implemented within 180 days of the establishment of the
Task Force;
(2) develop pilot testing protocols and procedures for the
evaluation of respiratory protection technologies during any
temporary compliance adjustment period authorized under this
Act;
(3) provide recommendations to inform the promulgation of
any occupational safety and health standards described under
section 6; and
(4) not later than 1 year after the establishment of the
Task Force, develop and make publicly available the Health
Strategy in accordance with subsection (f), to be implemented
through the Wellbeing Program.
(e) Wildland Firefighter Health Advisory Panel.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Interior, in
coordination with the Secretary of Agriculture, shall establish
an Advisory Panel, to be known as the ``Wildland Firefighter
Health Advisory Panel'', to provide recommendations to the Task
Force with respect to--
(A) the Health Strategy; and
(B) the responsibilities of the Task Force under
subsection (d).
(2) Scope.--The Advisory Panel shall participate in all
aspects of the development and implementation of the Health
Strategy, and recommendations and input made by the Advisory
Panel shall be considered to be advisory in nature.
(3) Advisory panel composition.--The Advisory Panel shall
be composed of members with expertise in wildland firefighting,
who collectively have a combination of backgrounds,
experiences, expertise, and viewpoints, to be appointed by the
Secretaries, including--
(A) not fewer than 2 current wildland firefighters
at ground operation level;
(B) not fewer than 2 former wildland firefighters;
(C) representatives of--
(i) unions representing current and former
wildland firefighters;
(ii) unions representing current and former
State and local government firefighters who
respond to Federal wildfire incidents;
(iii) employee groups representing wildland
firefighter interests;
(iv) professional organizations;
(v) nonprofit research foundations;
(vi) State and local fire agencies with
established or planned respiratory protection
programs; and
(vii) Tribal Governments or Tribal fire
agencies;
(D) academics or researchers with expertise in--
(i) cancer and occupational medicine;
(ii) industrial hygiene;
(iii) occupational epidemiology;
(iv) occupational toxicology;
(v) dermatology; and
(vi) behavioral health;
(E) any other non-Federal stakeholder or expert in
wildland firefighting or in wildland firefighter health
and wellbeing, as identified by the Task Force; and
(F) at the discretion of the Secretaries,
representatives of international fire companies with
established or planned respiratory protection programs.
(4) Term of appointment.--Each Advisory Panel member
appointed shall serve a term of 6 years.
(5) Vacancies.--Any vacancies on the Advisory Panel--
(A) shall be filled in the same manner in which the
original appointment was made; and
(B) to the extent practicable, shall be filled
within 3 months of a vacancy to ensure continuous
balance of expertise.
(6) Compensation.--A member of the Advisory Panel shall
serve without compensation.
(7) Travel expenses.--The Secretary may provide to any
member of the Advisory Panel travel expenses, including per
diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or regular
place of business of the member in the performance of the
duties of the Advisory Panel.
(8) Collaboration.--The Task Force and the Advisory Panel
shall follow leading practices for effective collaboration, as
identified by the Government Accountability Office, including
in the document entitled ``Government Performance Management:
Leading Practices to Enhance Interagency Collaboration and
Address Crosscutting Challenges'' (GAO-23-105520) and published
in May 2023.
(f) Wildland Firefighter Health Strategy.--The Task Force shall
develop, and update not less frequently than once every 3 years, a
coordinated Wildland Firefighter Health Strategy to address health
concerns for wildland firefighters, to be implemented through the
Wellbeing Program, including consideration of--
(1) the availability and use of the best available
respiratory protection technologies for wildland firefighting,
and any identified needs for improved technologies;
(2) opportunities to reduce dermal exposure to hazardous
substances encountered during wildland firefighting,
including--
(A) implementation of clean apparatus cab
protocols;
(B) transitioning to protective equipment that does
not contain perfluoroalkyl or polyfluoroalkyl
substances or other hazardous chemicals;
(C) decontamination of gear, clothing, and skin;
and
(D) recommendations for near-term and long-term
implementation options;
(3) opportunities to reduce inhalation exposure to
hazardous substances encountered during wildland firefighting;
(4) strategies to recognize and address mental health needs
of wildland firefighters;
(5) strategies for long-term exposure tracking and medical
surveillance, including--
(A) promoting enrollment in the National
Firefighter Registry for Cancer and the national Fire
Fighter Cancer Cohort Study;
(B) systems to enable wildland firefighters to
track individual exposure events over time;
(C) the key components of a medical surveillance
program, including data integration with existing
health and compensation data systems;
(D) requirements for a comprehensive baseline
medical assessment upon entry into service for all
wildland firefighters; and
(E) health markers to be tracked consistently with
periodic updates, considering lung function and other
necessary markers;
(6) strategies to increase research and development
opportunities to address any critical knowledge gaps,
including--
(A) short- and long-term impacts of inhalation and
dermal exposures on reproductive health for male and
female firefighters, including adverse health outcomes
for pregnant firefighters;
(B) exposure, lung function, and malignancy
tracking necessary to optimize early identification of
exposure risks;
(C) specific exposure limits and types of
monitoring equipment or practices to guide decision-
making on the use of respiratory protection; and
(D) any other knowledge gaps identified by the Task
Force that impede efforts to meet program goals;
(7) the amount of time spent by wildland firefighters
working in the wildland-urban interface and specific health
concerns associated with working in that environment;
(8) scientific, technological, cultural, or other
challenges necessary to be addressed to understand and to
significantly reduce health risks faced by wildland
firefighters; and
(9) priorities for the grant program described in section
4(g) to support research, pilot testing, and evaluation of
exposure reduction technologies and practices.
(g) Meetings.--The Task Force and the Advisory Panel shall meet at
the call of the Chair but not less frequently than twice per calendar
year.
(h) Administrative Support.--The Secretary of the Interior shall
provide such clerical and technical support as may be necessary to
enable the Task Force and the Advisory Panel to carry out the functions
and meetings of the Task Force and the Advisory Panel.
(i) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 for each of fiscal years 2027 through 2032 to
carry out this section.
SEC. 4. FEDERAL WILDLAND FIREFIGHTER HEALTH AND WELLBEING PROGRAM.
(a) Establishment.--The Secretary of Interior, in coordination with
the Secretary of Agriculture, shall establish and maintain a Federal
Wildland Firefighter Health and Wellbeing Program.
(b) Purpose.--The purpose of the Wellbeing Program is to improve
the long-term health outcomes of wildland firefighters and support
personnel by--
(1) addressing occupational exposures to hazardous
materials, respiratory hazards, and other risks associated with
wildland fire occupations; and
(2) focusing on cancer prevention and early detection.
(c) Program Director.--
(1) In general.--The Wellbeing Program shall be headed by a
Federal Wildland Firefighter Health and Wellbeing Program
Director, who shall be appointed by the Secretary of the
Interior, in coordination with the Secretary of Agriculture.
(2) Initial appointment.--Not later than 90 days after the
date of enactment of this Act, the initial Program Director
shall be appointed.
(d) Program Scope.--In carrying out the Wellbeing Program, the
Secretary of the Interior, acting through the Program Director and in
coordination with the Secretary of Agriculture, shall--
(1) assess occupational health risks faced by wildland
firefighters, including risks associated with wildfire smoke,
hazardous substances, heat, and other environmental and
operational exposures;
(2) expand prevention, education, and support services to
address trauma and cumulative stress, build coping skills,
bolster resiliency, and improve mental preparedness;
(3) identify and implement administrative and engineering
controls to reduce inhalation hazards and exposure risk;
(4) carry out and support demonstrations, experiments, and
pilot programs for technology or safety practices;
(5) coordinate with manufacturers in the development of
respiratory protection technologies and evaluate the efficacy
and field use of those technologies through data collection and
firefighter feedback, including surveys and interviews;
(6) support efforts by the National Institute for
Occupational Safety and Health to coordinate with State,
Tribal, and local fire services to promote consistency of
respirator technology use;
(7) develop and administer comprehensive training and
education for wildland firefighters on smoke exposure health
risks and benefits of respiratory protection;
(8) promote a culture among wildland firefighters and
support crews to prevent exposure to wildfire smoke;
(9) support crew leadership in promoting decontamination
and cleanliness practices;
(10) implement dermal exposure reduction strategies and
clean apparatus cab protocols;
(11) support the testing and use of exposure monitoring
technologies, including sensors and devices providing real-time
air quality or dermal exposure feedback;
(12) develop and implement a system for wildland
firefighters and support staff to track their own exposure and
document their risk over time;
(13) develop a medical surveillance protocol, including
data integration with existing health and compensation data
systems, and share data with the National Institute for
Occupational Safety and Health;
(14) conduct baseline medical exams, including early
indicators of cancer and chronic cardiopulmonary disease, on
the hiring of an employee and conduct medical exams annually to
track health outcomes;
(15) provide access to regular medical screenings for early
detection of disease or illness, including cancer screenings
and periodic pulmonary function testing;
(16) implement hearing protective protocols in accordance
with section 1910.95 of title 29, Code of Federal Regulations
(or a successor regulation);
(17) ensure that the results of any monitoring or medical
surveillance are made available to the affected firefighter in
a timely manner; and
(18) develop a mechanism for wildland firefighters to
provide comments or suggestions or ask questions, via a website
or another mechanism, which shall allow for anonymous and non-
anonymous feedback.
(e) Requirement for Wellbeing Program Staffing.--
(1) Full-time staffing.--The Secretaries shall ensure the
Wellbeing Program is staffed with a sufficient number of full-
time employees necessary to carry out the Program duties,
including at least 1 full-time staff at each regional office
and at least 4 full-time employees at the national level, with
appropriate expertise in--
(A) occupational health;
(B) industrial hygiene;
(C) epidemiology;
(D) toxicology;
(E) respiratory protection;
(F) wildfire operations;
(G) data management;
(H) behavioral health; or
(I) other related disciplines.
(2) Support personnel.--The Secretaries shall provide
adequate administrative, technical, analytical, and field
support--
(A) to implement the Health Strategy;
(B) to oversee pilots and grants;
(C) to coordinate with the Task Force and the
Advisory Panel; and
(D) to meet reporting requirements.
(3) Annual certification.--The Program Director shall
annually assess and report to Congress whether staffing and
funding are sufficient to carry out the Wellbeing Program and
identify additional resource needs.
(f) Pilot Testing Authority.--The Program Director, in consultation
with the Task Force, may implement any pilot programs, demonstration
projects, or field testing in coordination with the National Institute
for Occupational Safety and Health to assess the feasibility,
effectiveness, and operational suitability of protective technologies.
(g) Grantmaking Authority.--
(1) In general.--The Program Director, in consultation with
the Task Force, may establish and carry out additional grant
programs to support--
(A) research, pilot testing, and evaluation of
exposure reduction technologies and practices;
(B) the acquisition and distribution of respiratory
protective equipment; and
(C) research and development efforts to address
knowledge gaps identified in the Health Strategy.
(2) Advisory role for wellbeing program.--The Task Force
shall advise the Wellbeing Program with respect to the grant
program described in paragraph (1) on--
(A) standards and criteria for grant award
determinations;
(B) selection of grant applications; and
(C) final funding decisions.
(h) Coordination.--The Program Director shall consult with the Task
Force and the Advisory Panel in carrying out this section at the
frequency specified in section 3(g).
(i) Worker Compensation Information Sharing.--
(1) In general.--Not later than 90 days after the date of
appointment under subsection (c)(2), the Program Director shall
set and coordinate bi-annual meetings with the Director of the
Office of Workers' Compensation Programs of the Department of
Labor to facilitate information-sharing between the workers'
compensation programs of the Department of Labor and the
Wellbeing Program on issues impacting wildland firefighters'
health, benefits, compensation, or any other matters relating
to those programs or the Wellbeing Program.
(2) Task force and advisory panel.--The information
gathered during a meeting described in paragraph (1) shall be
shared with the Task Force and the Advisory Panel.
(j) Program Performance Plans Assessment.--Not later than 45 days
before the end of the first full fiscal year after the date of
enactment of this Act, and not later than 45 days before the end of
each fiscal year thereafter, following Federal performance management
best practices outlined by the Government Accountability Office
(including in the document entitled ``Evidence-Based Policymaking:
Practices to Help Manage and Assess the Results of Federal Efforts''
(GAO-23-105460)), the Program Director shall complete a plan that--
(1) establishes goals to define Wellbeing Program
performance, including--
(A) long-term strategic goals; and
(B) near-term performance goals to be achieved over
the following 1-year period;
(2) expresses those performance goals in an objective,
quantifiable, achievable, and measurable form;
(3) establishes a balanced set of performance indicators to
be used in measuring or assessing progress toward each
performance goal, including outcome indicators, as appropriate;
(4) establishes data collection protocols for the
performance indicators established under paragraph (3) to
collect the information and data needed to assess progress
toward performance goals; and
(5) carries out the tasks described in paragraphs (1)
through (4) in consultation with--
(A) the Task Force; and
(B) the Advisory Panel and other relevant
stakeholders, as the Program Director determines to be
appropriate.
(k) Assessment and Report.--
(1) In general.--Not later than 60 days after the end of
the first full fiscal year after the date of enactment of this
Act, and not later than 60 days after the end of each fiscal
year thereafter, the Program Director shall submit to Congress
a report describing the progress the Wellbeing Program has made
toward meeting its performance goals during the prior year,
along with--
(A) detailed action plans to improve results for
any performance goals that were not met;
(B) any challenges or lessons learned identified;
and
(C) any other findings relevant to Wellbeing
Program performance.
(2) Task force input.--The Program Director shall develop
each report under paragraph (1) with input from the Task Force.
(3) Task force meetings.--At the end of each fiscal year,
the Program Director shall set a meeting with the Task Force to
review Wellbeing Program progress and--
(A) determine the extent to which the Wellbeing
Program met its established goals during the prior
year;
(B) identify and document any challenges the
Wellbeing Program faces in meeting its established
goals and detailed plans to address them, including an
assessment of challenges related to staffing, training,
or funding levels; and
(C) assess and document lessons learned to be
applied in the years going forward.
(l) Authorization of Appropriations.--There is authorized to be
appropriated $34,000,000 for each of fiscal years 2027 through 2032 to
carry out this section.
SEC. 5. OCCUPATIONAL SAFETY AND HEALTH RESEARCH.
(a) Establishment.--Section 22 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 671) is amended by adding at the end the
following:
``(i) Office of Firefighter Health And Safety.--
``(1) In general.--There shall be permanently established
within the Institute an Office of Firefighter Health And Safety
(referred to in this subsection as the `Office'), which shall
be administered by an Associate Director to be appointed by the
Director.
``(2) Purpose.--The purpose of the Office, with respect to
firefighting and disaster response occupations, is to--
``(A) promote fast identification and prevention of
new and emerging hazards;
``(B) provide a central point for wildland and
structural firefighters, fire-service organizations,
and other stakeholders to engage with the broad scope
of relevant research and services;
``(C) enhance and accelerate the development of new
safety technology, technological applications, and work
practices;
``(D) expedite the commercial availability and
implementation of such technology and practices in
firefighting work;
``(E) study the relationship between work in
firefighting and health outcomes over time;
``(F) investigate line-of-duty deaths and serious
injuries for the purpose of developing preventive
measures; and
``(G) conduct research and develop criteria for new
and improved occupational safety and health standards
for firefighters.
``(3) Authorities.--To fulfill the purposes described in
paragraph (2), the Director, acting through the Office, shall
use any authority provided under this Act and shall also have
the authority to--
``(A) award competitive grants to institutions and
private entities to encourage the development and
manufacture of new and innovative personal protective
equipment and safety-enhancing technologies for
firefighters;
``(B) award contracts to educational institutions
or private entities for the performance of product
testing or related work with respect to new
firefighting technology and equipment;
``(C) support longitudinal surveillance and
biomonitoring research program to evaluate exposures
and markers of cancer and other disease risk for
wildland fire personnel;
``(D) conduct research on the relationship between
work in firefighting and health outcomes over time;
``(E) develop and publish contamination-control and
clean apparatus cab criteria to inform agencies'
equipment procurement practices;
``(F) conduct experiments, evaluations, and field
tests to assess firefighting technology and equipment
in settings that realistically reflect conditions of
firefighting;
``(G) develop and implement strategies for long-
term exposure tracking and medical surveillance,
including--
``(i) systems to enable workers to track
individual exposure events over time;
``(ii) registries and cohorts of workers in
firefighting;
``(iii) data integration with existing
health and compensation data systems; and
``(iv) systems that are consistent and
accessible to firefighters and relevant
agencies and are permanently retained; and
``(H) coordinate with manufacturers in the
development of respiratory protection technologies and
evaluate the efficacy and field use of such
technologies through data collection and firefighter
feedback, including surveys and interviews.
``(4) Report.--Not later than 1 year after the
establishment of the Office under this subsection, and every 2
years thereafter, the Director shall submit to the Committee on
Education and Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report that, with respect to the year involved--
``(A) describes the new health and safety
technologies and practices that have been studied,
tested, and certified for use, and with respect to such
technologies and practices that have been considered
but not yet certified for use, the reasons for not
certifying; and
``(B) identifies cancer, respiratory, or other
medical conditions warranting consideration by the
Secretary of Labor for regulatory updates to
presumptive coverage under chapter 81 of title 5,
United States Code (commonly known as the `Federal
Employees' Compensation Act').
``(5) Wildland firefighter priorities.--With respect to
wildland firefighter (as defined in section 2 of the Wildland
Firefighter Health and Safety Act) safety, health, and
wellbeing, the Director shall--
``(A) develop, in coordination with the Federal
Wildland Firefighter Health and Wellbeing Program
established under section 4 of the Wildland Firefighter
Health and Safety Act, priorities for research, pilot
testing, and evaluation of exposure reduction
technologies and practices tailored to the conditions
of wildland firefighting;
``(B) develop and implement, in coordination with
the Federal Wildland Firefighter Health and Wellbeing
Program, strategies to inform wildland firefighters
about the National Firefighter Registry for Cancer
established under the Firefighter Cancer Registry Act
of 2018 (42 U.S.C. 280e-5) and the national Fire
Fighter Cancer Cohort Study;
``(C) identify and assess the best available
respiratory protective technologies suitable for
wildland firefighting, in particular any such
technologies that meet the National Fire Protection
Agency 1984 Standard on Respirators for Wildland Fire-
Fighting Operations and Wildland Urban Interface
Operations (or any successor or equivalent standard
that provides equal or greater protection);
``(D) periodically analyze and report data about
exposures, hazards, and health effects specific to
wildland firefighters; and
``(E) develop and support a longitudinal
surveillance and biomonitoring research program to
evaluate exposures and markers of cancer and other
disease risk for wildland fire personnel.
``(6) Coordination.--The Director shall coordinate with the
Secretary of the Interior, the Secretary of Agriculture, and
heads of relevant agencies to ensure that standards and
exposure reduction technologies developed by the Office are
integrated into agency procurement requirements, training,
programs, and other relevant operational guidance for wildland
fire personnel.
``(7) Authorization of appropriations.--There is authorized
to be appropriated $10,000,000, to be available through fiscal
year 2032 to enable the Institute and the Office to carry out
this subsection.''.
(b) Respiratory Protection Pilot Program.--
(1) Establishment.--Not later than 1 year after the
establishment of the Task Force, the Secretary of the Interior,
acting through the Program Director and in coordination with
the Secretary of Agriculture and the Director of the National
Institute for Occupational Safety and Health, shall design and
carry out a pilot program, to be known as the ``respiratory
protection pilot program'', to evaluate respiratory protection
technologies for use by wildland firefighters.
(2) Purpose.--The purpose of the Pilot Program is to assess
and identify the feasibility, effectiveness, and usability of
respiratory protection technologies for wildland firefighters.
(3) Duration.--The Pilot Program shall be carried out for a
2-year period.
(4) Scope of pilot program.--In carrying out the Pilot
Program, the Director of the National Institute for
Occupational Safety and Health shall--
(A) evaluate and test respiratory protection
technologies, including respirators and related
equipment, that may reduce inhalation exposure to
wildfire smoke and other airborne hazards encountered
during arduous wildland firefighting;
(B) conduct field testing of respiratory protection
technologies to assess performance, including heat,
exertion, duration of use, and conditions of use;
(C) conduct field testing in real-world operational
contexts, including line construction, mop-up, and
transport;
(D) collect data from wildland firefighters on
usability, comfort, and compliance with the technology
described in subparagraph (A);
(E) provide opportunities for wildland firefighter
feedback on any aspects of the pilot program;
(F) coordinate with manufacturers, researchers, and
other experts to support fit testing, refinement, and
evaluation of technology; and
(G) consult with the Task Force on pilot testing
protocols and procedures under section 3(d)(2).
(5) Final report.--Not later than 180 days after the end of
the period described in paragraph (3), the Secretaries shall
submit to the Committees on Natural Resources and Education and
the Workforce of the House of Representatives, and the
Committees on Energy and Natural Resources and the Health,
Education, Labor, and Pensions of the Senate, a final report
that includes information regarding--
(A) recommendations to the Occupational Safety and
Health Administration for the standards under section
6;
(B) the costs associated with carrying out the
Pilot Program;
(C) the usage of respiratory protection technology
under the Pilot Program;
(D) the extent of participation in the Pilot
Program by wildland firefighters; and
(E) any other findings and conclusions with respect
to the Pilot Program the Secretary considers
appropriate, which may include details on any
challenges encountered, any actions needed to address
them, and any lessons learned.
(6) Authorization of appropriations.--There is authorized
to be appropriated $1,500,000 to carry out this section.
SEC. 6. OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR WILDLAND
FIREFIGHTER PROTECTION.
(a) Interim Final Standard.--
(1) In general.--Not later than 180 days after submission
of the report described in section 5(b)(5), the Secretary of
Labor, acting through the Occupational Safety and Health
Administration, shall issue an interim final standard with
respect to protecting the health of wildland firefighters,
which shall--
(A) require employers to develop and implement a
comprehensive health protection plan that addresses
long-term occupational health risks associated with
wildland firefighting; and
(B) require the provision of respiratory
protection, subject to availability and feasibility,
consistent with the interim nature of the standard.
(2) Inapplicable provisions of law and executive order.--
The following provisions of law and executive orders shall not
apply to the issuance of the interim final standard under this
subsection:
(A) The requirements applicable to occupational
safety and health standards under section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)).
(B) The requirements of chapters 5 and 6 of title
5, United States Code.
(C) Subchapter I of chapter 35 of title 44, United
States Code (commonly referred to as the ``Paperwork
Reduction Act'').
(D) Executive Order No. 12866 (58 Fed. Reg. 51735;
relating to regulatory planning and review), as
amended.
(3) Notice and comment.--The Secretary shall, prior to
issuing the interim final standard under this subsection,
provide notice in the Federal Register of the interim final
standard and a 30-day period for public comment.
(4) Development.--The interim final standard shall be
developed in coordination with the Task Force and Advisory
Panel and shall be informed by the results and findings of the
Pilot Program.
(5) Effective date of interim final standard.--The interim
final standard shall--
(A) take effect on a date that is not later than 30
days after issuance, except that such interim final
standard may include reasonable delays due to the
availability of personal protective equipment or
technology;
(B) have the legal effect of an occupational safety
and health standard as defined by section 3(8) of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
652(8)); and
(C) remain in effect until superseded by the final
standard promulgated pursuant to subsection (b).
(b) Final Standard.--
(1) Proposed final standard.--Not later than 2 years after
the submission of the report under section 5(b)(5), pursuant to
section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), the Secretary of Labor, acting through the
Occupational Safety and Health Administration, shall promulgate
a proposed final standard with respect to protecting the health
of wildland firefighters--
(A) for the purpose described in subparagraphs (A)
and (B) of subsection (a)(1); and
(B) that shall provide at least as much protection
as the interim final standard promulgated under
subsection (a).
(2) Final standard.--Not later than 5 years after the
submission of the final report described in section 5(b)(5),
the Secretary shall issue a final standard that shall--
(A) take effect on a date that is not later than 30
days after issuance, except that such final standard
may include reasonable delays due to the availability
of personal protective equipment or technology;
(B) provide no less protection than any wildland
firefighter health standard adopted by a State plan
that has been approved by the Secretary under section
18 of the Occupational Safety and Health Act of 1970
(29 U.S.C. 667), provided the Secretary finds that the
final standard is feasible on the basis of the best
available evidence;
(C) be effective and enforceable in the same manner
and to the same extent as any standard promulgated
under section 6(b) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655(b)); and
(D) comply with the requirements described in
subsection (c).
(c) Requirements for Final Standard.--The requirements described in
this subsection shall require--
(1) implementation of engineering and administrative
controls, exposure minimization strategies, and operational
adjustments when exposure thresholds are exceeded;
(2) strategies to encourage respiratory protection from
smoke and other hazards including providing fire personnel with
the appropriate equipment to protect from wildfire smoke and
other respiratory hazards;
(3) training and education materials to fire personnel
regarding--
(A) how to properly use protective equipment;
(B) how long and under what conditions the
protective equipment is effective;
(C) the potential health impacts of breathing
wildfire smoke without proper protection;
(D) how heat illness happens, how to recognize it,
and how to prevent and treat it; and
(E) any additional areas deemed critical for the
safety and health of wildland firefighters;
(4) strategies to reduce dermal exposure to toxic and
hazardous substances and conditions and exposure to PFAS in
firefighter gear;
(5) guidance on use of exposure monitoring equipment;
(6) medical monitoring and surveillance to identify early
indicators of exposure-related illness; and
(7) decontamination equipment installed in duty stations,
vehicles, and other relevant spaces.
(d) Collaboration.--The Department of Labor Secretary shall
coordinate with the Wildland Firefighter Health Task Force and Advisory
Panel when promulgating the standards described in subsection (a) and
(b).
(e) Compliance Assistance.--The Secretary shall provide technical
assistance and advice, consistent with section 21 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 670(d)) to employers subject
to the standards with respect to compliance with the standard.
SEC. 7. OFFICE OF WORKERS' COMPENSATION PROGRAMS.
(a) Special Claims.--Section 8143b of title 5, United States Code,
is amended by adding at the end the following:
``(c) Special Claims Handling Unit for Employees in Fire Protection
Activities.--
``(1) Establishment.--The Secretary shall establish a
special claims handling unit to process and adjudicate claims
for workers' compensation claims submitted by any employee in
fire protection activities.
``(2) Training.--Personnel assigned to the specialized
claims handling unit shall--
``(A) receive training and proficiency testing on
the duties, operational conditions, and occupational
exposures associated with firefighting; and
``(B) possess or develop expertise in occupational
illnesses and injuries associated with smoke exposure,
hazardous substances, heat, and other hazards
encountered during firefighting operations.
``(3) Claims processing.--The Secretary shall ensure that
claims submitted by an employee described in paragraph (1) are
processed in a timely manner.
``(4) Coordination.--The Secretary of Labor shall work in
coordination with the Federal Wildland Firefighter Health and
Wellbeing Program established under section 4 of the Wildland
Firefighter Health Act and the National Institute for
Occupational Safety and Health to develop training and
operational guidance for the special claims unit.
``(d) Annual OWCP Report on Firefighter Claims.--
``(1) Annual reporting requirement.--The Office of Workers'
Compensation Programs (in this subsection referred to as
`OWCP') shall prepare and publish an annual report of workers'
compensation claims submitted by employees in fire protection
activities, including claims for traumatic injury and
occupational illness occurring in the performance of duty.
``(2) Required contents.--Each report shall include, at a
minimum, aggregate data and summary statistics on--
``(A) claims filed, accepted, denied, pending, and
appealed, including rationale for denials;
``(B) categories of occupational exposures that
were alleged by the claimant (including smoke or heat)
and what categories OWCP accepted as established;
``(C) diagnoses OWCP claimed, accepted, and
partially accepted;
``(D) time to decision metrics, including--
``(i) claim filing to completion of
development, or the time it takes from when a
claim is filed to the time when OWCP determines
that they can issue an initial determination,
based on factual and medical evidence
submitted;
``(ii) claim filing to initial decision, or
the time it takes from when a claim is filed to
when the first decision is made to either
accept or deny a claim; and
``(iii) claim filing to initial acceptance,
if applicable, or the time it takes from when a
claim is filed to when the first decision is
made, which occurs when there has been a
determination that the claim has met all
necessary elements, and a list of accepted
diagnoses is made;
``(E) data on the use of second opinion physicians,
or physicians selected by the government to issue a
medical opinion, and referee physicians, or impartial
physicians independent from OWCP who issues medical
opinions, including--
``(i) how often these physicians are
utilized;
``(ii) the time it takes for each type of
physician to issue their opinions;
``(iii) a description of the impact of such
opinion on claim outcomes; and
``(iv) total costs paid for such opinions.
``(F) identification and discussion of any systemic
issues affecting timely adjudication or access to
benefits for Federal firefighters.
``(3) Coordination and use of data.--The Director of the
OWCP shall use the information contained in the report to--
``(A) inform updates to the Wildland Firefighter
Health Strategy;
``(B) identify administrative or regulatory
barriers to timely medical care and compensation;
``(C) recommend legislative, regulatory, or policy
changes to improve outcomes.
``(4) Public availability.--Each report under this
subsection shall be made publicly available in a searchable and
accessible format, consistent with applicable privacy laws.''.
(b) Certain Illnesses and Diseases.--Section 8143b(b)(1) of title
5, United States Code, is amended by striking ``, if the employee'' and
all that follows through ``protection activities''.
(c) Technical Amendment.--Subsection (b) of section 8143b of such
title, as amended by subsection (b), is further amended in the
subsection heading by striking ``Diseased'' and inserting ``Diseases''.
SEC. 8. DUTY TIME FOR HYGIENE AND GEAR DECONTAMINATION FOR FEDERAL
WILDLAND FIREFIGHTERS.
(a) Definition of Covered Employee.--In this section, the term
``covered employee'' means a wildland firefighter, including permanent,
seasonal, temporary, and emergency appointment personnel, regardless of
pay classification.
(b) Duty Time.--The Secretaries shall each ensure that each covered
employee is provided regular duty time during wildfire operations or
prescribed fires, without loss of pay or benefits--
(1) to shower and perform personal hygiene following shifts
involving exposure to smoke, ash, perfluoroalkyl or
polyfluoroalkyl substances, hazardous substances, or other
contaminants;
(2) to clean, decontaminate, and maintain personal
protective equipment and work clothing, including through the
use of washing machines or equivalent cleaning and
decontamination methods; and
(3) to decontaminate vehicles and closed spaces used to
transport or support wildland fire personnel during operations.
(c) Health and Safety Purpose.--Duty time provided under subsection
(b) shall be--
(1) considered hours of work for purposes of pay, leave,
and other employment benefits; and
(2) intended to reduce occupational exposure to
carcinogens, toxic substances, and other health hazards
associated with wildland firefighting.
(d) Requirements for Decontamination Infrastructure and
Equipment.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall ensure that each
duty station, fire cache, or other regularly staffed wildland
fire facility is equipped with adequate gear decontamination
infrastructure.
(2) Minimum requirements.--Infrastructure described in
paragraph (1) shall include--
(A) decontamination equipment or equivalent systems
dedicated to contaminated gear and clothing;
(B) appropriate drying equipment;
(C) designated cleaning areas;
(D) access to hot and cold showers;
(E) appropriate wastewater handling or filtration,
where feasible; and
(F) replacement Personal Protective Equipment
(PPE).
(3) Capacity.--Infrastructure described in paragraph (1)
shall be sufficient to serve assigned personnel without
unreasonable delay following exposure.
(4) Remote operations.--For remote or temporary operations,
the Secretaries shall provide mobile decontamination capability
or ensure prompt access to cleaning and hygiene upon return.
(5) Maintenance.--The Secretaries shall ensure routine
inspection, maintenance, and timely replacement of
infrastructure described in paragraph (1).
(e) Implementation.--The Secretary may issue guidance or
regulations to carry out this section.
SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
(a) Study.--Not later than 2 years after the date of enactment of
this Act, and every 2 years thereafter for 6 years, the Comptroller
General of the United States shall conduct a study to evaluate the
progress of the Wellbeing Program.
(b) Areas of Focus.--The study required under subsection (a)
shall--
(1) assess, at minimum--
(A) the progress of the Wellbeing Program with
respect to establishing yearly goals and objectives,
and the justification if goals and objectives have not
been established;
(B) the progress of the Wellbeing Program with
respect to meeting its stated goals and objectives, and
the justification if goals and objectives have not been
met;
(C) any challenges or barriers that limit the
Wellbeing Program's ability to meet its goals and
objectives, and any recommendations for improvements;
(D) the extent to which the Task Force and the
Advisory Panel are following leading practices for
effective collaboration as identified by the Government
Accountability Office, including the practices
identified in the document entitled ``Government
Performance Management: Leading Practices to Enhance
Interagency Collaboration and Address Crosscutting
Challenges'' (GAO-23-105520) and published in May 2023;
(E) the sustained focus and commitment of the
Secretaries and the leadership within the Department of
the Interior and the Forest Service with respect to
addressing and improving the health of wildland
firefighters, by examining--
(i) their role in collaborating with key
partners through the Task Force and the
Advisory Panel;
(ii) their role in establishing performance
measures, assessing performance information,
and making program modifications, as needed,
based on performance results; and
(iii) any other actions or steps that
leadership have taken to demonstrate their
sustained focus and commitment to improving
wildland firefighter health outcomes;
(F) current availability of respiratory equipment
in the marketplace to be procured and used by wildland
firefighters, including the extent to which respirators
that meet National Fire Protection Association
standards are available in the commercial marketplace;
(G) the extent to which respiratory equipment that
is available for procurement meets National Fire
Protection Association standards and has been approved
by the National Personal Protective Technology
Laboratory at the National Institute for Occupational
Safety and Health;
(H) the barriers, if any, that limit the
development, approval, procurement, or widespread
adoption of respirators that meet National Fire
Protection Association standards for wildland
firefighting;
(I) the availability of decontamination and clean
apparatus cab protocol supplies and infrastructure;
(J) the barriers, if any, to implementing clean
apparatus cab protocols, progress towards addressing
challenges, and recommendations for improvements;
(K) any progress made in the testing of exposure
monitoring technologies, the results of the testing,
and to the extent that exposure data are available, a
summary of that data, including any relevant summary
statistics, and observations on data quality;
(L) progress of the promulgation of the standards
pursuant to section 6;
(M) progress that the Office of Workers'
Compensation Programs of the Department of Labor has
made in establishing a special claims handling unit to
process and adjudicate workers' compensation claims
submitted by employees in fire protection activities,
as described in the amendments made by section 7;
(N) the extent to which funds or full-time
positions allocated to the Wellbeing Program remain
dedicated to the Wellbeing Program, including a summary
of any diversions or repurposing of funds or full-time
positions that were intended for the Wellbeing Program;
and
(O) the extent possible to identify degree of
hazardous exposure, both in toxic exposure type and
duration; and
(2) summarize--
(A) steps the Wellbeing Program has taken to
address the cultural barriers associated with the use
of respiratory protection among wildland firefighters,
and any evidence of any progress that has been made in
reducing these barriers; and
(B) the status of any changes to National Fire
Protection Association standards as they apply to
wildland firefighting respiratory protection, as
appropriate.
(c) Report.--Not later than 1 year after the conclusion of each
study required by subsection (a), the Comptroller General of the United
States shall submit to the Committees on Natural Resources and
Education and the Workforce of the House of Representatives, and the
Committees on Energy and Natural Resources and Health, Education,
Labor, and Pensions of the Senate, a report on the results of the
study, including any recommendations for legislative or administrative
actions.
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