Attachment A
S1138 CONGRESSIONAL RECORD-SENATE April 17, 2023
for the United States Fire Administra- which was ordered to lie on the table; "(B) be in such form as the Secretary con- tion and firefighter assistance grant as follows: cerned may prescribe; programs; which was ordered to lie on "(C) provide that the State or Indian At the appropriate place, insert the fol-
the table; as follows: "(i) agrees to assume all or part of the re- On page 1, line 1, strike "2 days" and • STATE AND TRIBAL USE OF CATEGOR. sponsibilities of the Secretary concerned; insert "3 days". "(ii) expressly consents to accept the juris-
ENT OF FUEL BREAKS IN FOREST
diction of the Federal courts for the compli-
SA 77. Mr. SCHUMER submitted an
amendment intended to be proposed by Section 40806 of the Infrastructure Invest- sponsibility of the Secretary him to the bill S. 870, to amend the ment and Jobs Act (16 U.S.C. 6592b) is amend- sumed by the State or Indian Tribe; Federal Fire Prevention and ed by adding at the end the following:
"(g) STATE AND TRIBAL PROJECT DELIVERY (including regulations) are in effect that— Act of 1974 to authorize appropriations "(I) authorize the State or Indian Tribe to for the United States Fire Administra- take the actions necessary to carry out the tion and firefighter assistance grant "(1) IN GENERAL.—On request of a State or responsibilities being assumed; and
programs; which was ordered to lie on shall enter into an agreement (which may be the public availability of a document under
At the end add the following: standing) with the State or Indian Tribe, those State or Tribal laws is reviewable by a court of competent jurisdiction; and
"(iv) agrees to maintain the financial and
This Act shall take effect on the date signs, and the State or Indian Tribe assumes, the responsibilities of the Secretary personnel resources necessary that is 4 day after the date of enact- the responsibilities being assumed; "(D) require the State or Indian Tribe to
"(A) 1 or more projects under this section
provide to the Secretary concerned any in-
using the categorical exclusion established
SA 78. Mr. SCHUMER submitted an formation that the Secretary concerned rea- amendment intended to be proposed by sonably considers necessary to ensure that "(i) environmental review,
him to the bill S. 870, to amend the the State or Indian Tribe is adequately car- and any other action required under any rying out the responsibilities assigned to the Federal Fire Prevention and Control
Act of 1974 to authorize appropriations the review or approval of a project, including "(E) have a term of not more than 5 years; for the United States Fire Administra- the preparation of a supporting decision tion and firefighter assistance grant memorandum in accordance with subsection programs; which was ordered to lie on
"(ii) carrying out the forest management "(A) IN GENERAL.—The district courts of activities described in subsection (c) on pub- the United States shall have exclusive juris- On page 1, line 3, strike "4 days" and lic lands or National Forest System land in diction over any civil action against a State insert "5 days", the State or under the jurisdiction of the In- or an Indian Tribe for a failure to carry out any responsibility assigned to and assumed
SA 79. Mr. "(B) any other project on public lands or by the State or Indian Tribe under an agree- amendment intended to be proposed by National Forest System land in the State or him to the bill S. 870, to amend the under the jurisdiction of the Indian Tribe, as Federal Fire Prevention and Control applicable, using any other categorical ex- MENTS.—A civil action described in subpara- Act of 1974 to authorize appropriations clusion that the Secretary concerned deter- graph (A) shall be governed by the legal mines to be appropriate for use by the State
for the United States Fire Administra-
or Indian Tribe, as applicable, to protect
tion and firefighter assistance communities from wildfire. Secretary concerned had the Secretary con- programs; which was ordered to lie on '(2) COLLABORATION.—A State or an Indian cerned taken the relevant actions.
At the appropriate place, insert the fol- paragraph (1) in collaboration with a unit of cerned may intervene in any civil action de- local government, a private entity, or a com- scribed in subparagraph (A). • PROHIBITION ON AWARD OF FEDERAL munity organization and associated contrac- LIABILITY.—A State or an Indian Tribe that
(a) IN GENERAL.—A fire service shall be in- assumes responsibilities under an agreement eligible to receive any Federal funds made "(A) IN GENDRAL.—A State or an Indian under paragraph (1) shall be Tribe that assumes responsibilities under "(A) solely responsible for carrying out the ments made by this Act if the fire service paragraph (1) shall be subject to the same discharged from employment procedural and substantive requirements as "(B) solely liable for any action or failure any individual based solely on— the Secretary concerned would be to take an action in carrying out those re- (1) the failure of the individual to obey an
order to receive a vaccine for COVID-19; or "(B) RETENTION OF RESPONSIBILITIES.-Any (2) the exercise by the individual of any responsibility of the Secretary "(A) IN GENERAL.—A State or an Indian rights protected under the First Amendment Tribe may terminate an agreement entered to the Constitution of the United States to sumed by a State or an Indian Tribe under into by the State or Indian Tribe under para- speak against the implementation of any an agreement under paragraph (1) shall re- graph (1), at any time, by submitting to the mandate to receive a vaccine for COVID-19. main the responsibility of the Secretary con- Secretary concerned a notice not later than EXCEPTION.—The prohibition in sub- the date that is 90 days before the date of section (a) shall not apply if the fire service
has offered reinstatement to all individuals cerned may not require a State or an Indian condition on entering into an nation under subparagraph (A) shall be sub- reason described in paragraph (1) or (2) of agreement under paragraph (1), to forgo any ject to such terms and conditions as the Sec- that subsection to the position and rank held other means for carrying out the applicable retary concerned may provide. by the individual on the date of the dismissal that is otherwise permissible under "(8) EDUCATION AND OTHER INITIATIVES.- or discharge with full back pay calculated applicable law. concerned, in cooperation from the date of the dismissal or discharge. VERIFICATION OF RESOURCES.-As with representatives of State and Tribal offi- (c) FIRE SERVICE DEFINED.—The term "fire
service" has the meaning given that term in under paragraph (1), the Secretary concerned peer-exchange, and other initiatives, as ap- section 4 of the Federal Fire Prevention and may require a State or an Indian Tribe to Control Act of 1974 (15 U.S.C. 2203). verify that the State or Indian Tribe has the "(A) to assist States and Indian Tribes in financial and personnel resources necessary developing the capacity to carry out projects SA 80. Mr. LEE submitted an amend- to carry out the responsibilities described in ment intended to be proposed "(B) to promote information-sharing and AGREEMENTS.—An agreement under
to the bill S. 870, to amend the Federal
Tribes that are carrying out projects under
Fire Prevention and Control Act of 1974 "(A) be executed by the Governor or the top-ranking official of the State
United States Fire Administration and Tribe that is charged with responsibility for SA 81. Mr. SCOTT of Florida sub- firefighter assistance grant programs; mitted an amendment intended to be April 17, 2023 CONGRESSIONAL RECORD-SENATE S1139
proposed by him to the bill S. 870, to "(x) lung cancer; "(D) PETITIONS TO ADD TO THE LIST OF EXPO- amend the Federal Fire Prevention and "(xi) malignant melanoma; SURE-RELATED CANCERS.- Control Act of 1974 to authorize appro- "(xii) mesothelioma; "(i) IN GENERAL.—Any person may petition "(xiii) multiple myeloma; the Director to add a type of exposure-re- priations for the United States Fire
"(xiv) non-Hodgkins lymphoma; lated cancer to the definition of 'exposure- Administration and firefighter assist- "(xv) ovarian cancer; related cancer' under paragraph (1). ance grant programs; which was or- "(xvi) prostate cancer; "(ii) CONTENT OF PETITION.-A petition dered to lie on the table; as follows: "(xvii) skin cancer; under clause (i) shall provide information to At the appropriate place, insert the fol- "(xviii) stomach cancer: show that there is sufficient evidence, based lowing: "(xix) testicular cancer; on the weight of the best available scientific SEC. • TRANSFER OF UNOBLIGATED COVID "(xx) thyroid cancer; evidence, of significant risk to public safety FUNDS. "(xxi) any form of cancer that is consid- officers engaged in public safety activities of (a) COVERED FUNDS.—The term "covered ered a WTC-related health condition under developing such exposure-related cancer funds" means amounts made available Health Service from their employment. under- Act (42 U.S.C. 300mm-22(a)); and "(iii) TIMELY AND SUBSTANTIVE DECISIONS.- (1) the Coronavirus Relief Fund established "(xxii) any other form of cancer that the Not later than 180 days after receipt of a pe- under section 601 of the Social Security Act tition under this subparagraph, the Director (42 U.S.C. 801); and
(2) the Coronavirus State and Local Fiscal lishing in the Federal Register a written ex- Recovery Fund programs established under planation of the reasons for the Director's "(A) IN GENERAL.—Subject to subparagraph The Director may not deny a peti- section 602 or 603 of the Social Security Act
(42 U.S.C. 802, 803). (B), as determined by the Bureau, the death tion solely on the basis of competing prior- (b) IDENTIFICATION OF FUNDS TO TRANS- or permanent and total disability of a public ities, inadequate resources, or insufficient FER.—Not later than 30 days after the date of safety officer due to an exposure-related can- time for review. enactment of this Act, the Secretary of the cer shall be presumed to constitute a per- "(iv) NOTIFICATION TO CONGRESS.—Not later Treasury shall identify unobligated covered than 30 days after making any decision to funds, which shall be transferred to the Ad- section (a), sustained in the line of duty by approve or deny a petition under this sub- ministrator of the United States Fire Ad- the officer and directly and proximately re- ministration under subsection (c). sulting in death or permanent and total dis- Committee on the Judiciary of the Senate (C) TRANSFER.-Effective on the date that and the Committee on the Judiciary of the is 60 days after the date of enactment of this "(i) the public safety officer was exposed to House of Representatives of the decision.". or in contact with heat, radiation, or a car- (2) APPLICABILITY.—The amendment made Act, the unobligated covered funds identified
by the Secretary of the Treasury under sub- cinogen that is linked to an exposure-related by paragraph (1) shall apply in the case of section (b) shall be transferred to cancer while in the course of the line of any public safety officer who died or became merged with other amounts made available permanently and totally disabled on or after to the Administrator of the United States "(il) the public safety officer began serving January 1, 2023, as a result of an exposure-re- Fire Administration to carry out section
17(g)(1)(N) of the Federal Fire Prevention years before the date of the diagnosis of the (C) 1ECHNICAL AMENDMENTS.- public safety officer with an exposure-re- (1) IN GENERAL.-Section 3 of the Safe- and Control Act of 1974(15
guarding America's First Responders Act of
2216(g)(1)(N)).
"(iii) the public safety officer was diag- 2020 (34 U.S.C. 10281 note) is amended by add- (d) AVAILABILITY AND USE.-Amounts
nosed with an exposure-related cancer not ing at the end the following:
transferred under subsection (c) shall remain later than 15 years after the last date of ac- tive service as a public safety officer of the 'line of duty action' includes any action in SA 82. Ms. KLOBUCHAR (for herself public safety officer; and which a public safety officer engages at the "(iv) the exposure-related cancer directly direction of the agency served by the public and Mr. CRAMER) submitted an amend- and proximately results in the death or per- safety officer." ment intended to be proposed by her to manent and total disability of the public the bill S. 870, to amend the Federal (A) IN GENERAL.—The amendment made by Fire Prevention and Control Act of 1974 EXCEPTION.--The presumption under paragraph (1) shall apply in the case of any to authorize appropriations for the subparagraph (A) shall not officer who died on or after United States Fire Administration and death or permanent and total disability of a public safety officer due to an exposure-re- CLAIM.-Section firefighter assistance grant programs; lated cancer if competent medical evidence
32.12(a)(1) of title 28, Code of Federal Regula-
which was ordered to lie on the table; establishes that the exposure-related cancer tions, shall not apply to a claimant who oth-
was unrelated to the exposure or contact de- erwise qualifies for support pursuant to the At the appropriate place, insert the fol- scribed in subparagraph (A)(i). amendment made by paragraph (1). _. PUBLIC SAFETY OFFICER BENEFITS SA 83. Mr. MCCONNELL (for Mr. SUL- FOR EXPOSURE-RELATED CANCERS. "(A) IN GENERAL.—The Director shall- submitted an amendment in- "(i) periodically review tended to be proposed by Mr. McCon- "Honoring Our Fallen Heroes 'exposure-related under paragraph nell to the bill S. 870, to amend the Federal Fire Prevention and Control
"(ii) add a type of exposure-related cancer Act of 1974 to authorize appropriations (1) IN GENERAL.-Section 1201 of title I of to the definition by rule, upon a showing by for the United States Fire Administra-
the Omnibus Crime Control and Safe Streets a petitioner or on the Director's own deter- Act of 1968 (34 U.S.C. 10281) is amended by mination, in accordance with this paragraph. tion and firefighter assistance adding at the end the following: "(B) BASIS FOR DETERMINATION.—The Di- programs; which was ordered to lie on "(p) EXPOSURE-RELATED CANCERS.- rector shall add a type of exposure-related the table; as follows:
"(1) DEFINITIONS.—In this subsection: cancer to the definition of 'exposure-related At the appropriate place, insert the fol- '(A) CARCINOGEN.—The term 'carcinogen' cancer' under paragraph (1) upon a showing means a known or suspected carcinogen, by a petitioner or the Director's own deter- _ ELIGIBLE USE FOR GRANT FUNDS. defined by the International Agency for Re- based on the weight of the best Section 33(c)(3) of the Federal Fire Preven- search on Cancer, that is reasonably linked available scientific evidence, that there is a tion and Control Act of 1974 (15 U.S.C. to an exposure-related cancer. significant risk to public safety officers en- "(B) DIRECTOR.—The term 'Director' means gaged in public safety activities of devel- (1) by redesignating subparagraphs (K) the Director of the Bureau. oping the type of exposure-related cancer. through (N) as subparagraphs (L) through *(C) EXPOSURE-RELATED CANCER.—The term
'exposure-related cancer means- mining significant risk for the purpose of (2) by inserting after subparagraph (J) the "(i) bladder cancer: subparagraph (B), the Director may accept as authoritative and may rely upon rec- "(K) To construct in communities with not more than 10,000 individuals fire stations,
"(iv) cervical cancer; entific studies by the National Institute for fire training facilities, and other facilities to "(v) colon cancer; Occupational Safety protect the health and safety of firefighting "(viii) kidney cancer; Medicine, and the International Agency for SA 84. Mr. SCHUMER (for Ms. CoR- TEZ MASTO) submitted an amendment