U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 110th Congress 

2d Session 

REPORT

2008

110–520 

Calendar No. 1102 

FEDERAL FIREFIGHTERS FAIRNESS ACT OF 

2008 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 1924 

TO AMEND CHAPTER 81 OF TITLE 5, UNITED STATES CODE, TO 

CREATE A PRESUMPTION THAT A DISABILITY OR DEATH OF A 

FEDERAL EMPLOYEE IN FIRE PROTECTION ACTIVITIES CAUSED 

BY ANY OF CERTAIN DISEASES IS THE RESULT OF THE PERFORMANCE OF SUCH EMPLOYEE’S DUTY 

NOVEMBER 17 (legislative day, SEPTEMBER 17), 2008.—Ordered to be 

printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

BARACK OBAMA, Illinois 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

SUSAN M. COLLINS, Maine 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

PETE V. DOMENICI, New Mexico 

JOHN WARNER, Virginia 

JOHN E. SUNUNU, New Hampshire 

MICHAEL L. ALEXANDER, Staff Director 

KEVIN J. LANDY, Chief Counsel 

ERIC P. ANDERSEN, Professional Staff Member 

JOHN KILVINGTON, Staff Director, Subcommittee on Federal Financial Management, 

Government Information, Federal Services, and International Security 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

ANDREW E. WEIS, Minority General Counsel 

TRINA DRIESSNACK TYRER, Chief Clerk 


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(III) 

C O N T E N T S 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 1 

III. Legislative History ......................................................................................... 5 

IV. Section-by-Section Analysis .......................................................................... 5 

V. Evaluation of Regulatory Impact .................................................................. 6 

VI. Congressional Budget Office Cost Estimate ................................................ 6 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 8 


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Calendar No. 1102 

110th Congress SENATE REPORT " ! 2d Session 110–520 

FEDERAL FIREFIGHTERS FAIRNESS ACT OF 2008 

NOVEMBER 17 (legislative day, SEPTEMBER 17), 2008.—Ordered to be printed 

Mr. LIEBERMAN, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 1924] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 1924) to amend chapter 81 of title 

5, United States Code, to create a presumption that a disability or 

death of a Federal employee in fire protection activities caused by 

any of certain diseases is the result of the performance of such employee’s duty, having considered the same, reports favorably thereon with an amendment, and recommends that the bill, as amended, 

do pass. 

I. PURPOSE AND SUMMARY

S. 1924 creates a rebuttable presumption that a disability or 

death of a Federal employee in fire protection activities caused by 

certain diseases is the result of the performance of such employee’s 

duty and is therefore compensable under worker compensation law. 

II. BACKGROUND AND NEED FOR THE LEGISLATION

Numerous studies have shown that firefighters—due to their 

daily exposure to stress, smoke, heat and various toxic substances—are far more likely than other workers to contract certain 

illnesses such heart disease, lung disease, and certain cancers. In 

addition, the role firefighters play in providing emergency medical 

services often exposes them to a number of infectious diseases. 

Heart disease, lung disease, cancer, and infectious disease are now 

among the leading causes of death and disability for firefighters. 

The following are examples of the many studies that have established linkages between fighting fires and such diseases and conditions: 


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1Dongmug Kang, M.D., Ph.D., et al. ‘‘Cancer Incidence Among Male Massachusetts Firefighters, 1987–2003.’’ American Journal of Industrial Medicine. 2008; 51:329–335. 2Grace K. LeMasters, Ph.D., et al. ‘‘Cancer Risk Among Firefighters: A Review and Metaanalysis of 32 Studies.’’ Journal of Occupational and Environmental Medicine. 2006; 

48(11):1189–1202. 3Stefanos N. Kales, M.D., M.P.H., et al. ‘‘Emergency Duties and Deaths from Heart Disease 

among Firefighters in the United States.’’ The New England Journal of Medicine. 2007; 

356(12):1207–1215. 4 29 CFR 1910.1030 Occupational Safety and Health Administration Regulatory Impact and 

Flexibility Analysis. 5See Kang et al: ‘‘Firefighters are known to be exposed to recognized or probable carcinogens. 

These include benzene, polycyclic aromatic hydrocarbons, benzo(a)pyrene, formaldehyde, 

chlorophenols, dioxins, ethylene exide, orthotoluidine...’’ (329). 

1. A 2008 study of male Massachusetts firefighters from 1987 to 

2003 found increased risk for numerous cancers, including colon 

and brain cancer.1

2. A 2006 study conducted by the University of Cincinnati found 

that on-the-job exposure to soot and toxins creates an increased 

risk for various cancers among firefighters.2

3. A 2007 Harvard study published in the New England Journal 

of Medicine found that firefighters face a risk of death from heart 

attacks up to 100 times higher when involved in fire suppression 

as compared to non-emergency duties.3

4. A federal government study conducted during the development 

of an Occupational Safety and Health Administration Bloodborne 

Pathogen Standard showed that 98% of Emergency Medical Technicians and 80% of firefighters are exposed to bloodborne infectious 

diseases on the job.4

Forty states have enacted ‘‘presumptive disability’’ laws which 

presume that cardiovascular diseases and certain cancers and infectious diseases contracted by firefighters are job-related for purposes of worker’s compensation and disability retirement unless 

proven otherwise (see Figure 1). However, no such law covers firefighters employed by the federal government. There are approximately 15,000 federal firefighters, the majority of whom are employed by the Department of Defense. 

According to the International Association of Fire Fighters 

(IAFF), Federal firefighters who have contracted cancers and infectious diseases have experienced difficulty in receiving compensation 

under the Federal Employee Compensation Act (FECA) (5 U.S.C. 

δ81) because of the difficulty of linking the disease to precise incidents or exposures.Because their work environment involves routine exposure to hazardous substances,5 each incident—or the repeated exposure from many incidents over time—could potentially 

cause a disease or condition. This legislation would establish the 

presumption that the listed diseases and conditions are consistent 

with the work environment of firefighting. Therefore, in filing a 

claim associated with any of these diseases or conditions, an employee would no longer be required to establish a connection to a 

specific incident or incidents. 


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III. LEGISLATIVE HISTORY

S. 1924 was introduced by Senators Carper and Warner on August 1, 2007, and referred to the Senate Committee on Homeland 

Security and Governmental Affairs. Senator Menendez was also an 

original co-sponsor. On August 22, 2007, the bill was referred to 

Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia. It was reported to the 

full Committee on June 24, 2008, and on June 25, 2008 the full 

Committee, by voice vote, ordered it reported favorably to the Senate floor with an amendment in the nature of a substitute offered 

by Senators Carper and Warner. 

The substitute amendment reduces the list of diseases that 

would be covered by the presumption. It establishes a five-year 

service requirement with respect to heart disease, lung disease, 

and the listed cancers (no minimum service requirement would 

exist for the listed infectious diseases). It requires that the National Institute for Occupational Safety and Health conduct a study 

of the effect of the Act and the current research on the health risks 

related to firefighting. It also gives the Secretary of Labor the authority to establish a presumption for additional diseases if he or 

she determines that they are related to the hazards firefighters 

face on the job. 

S. 1924 was ordered to be reported favorably by voice vote as 

amended. Senator Coburn asked to be recorded as ‘‘Nay.’’ Senators 

present were Senators Lieberman, Levin, Akaka, Carper, Pryor, 

McCaskill, Tester, Collins, Stevens, Voinovich, Coleman, Coburn, 

Warner, and Sununu. 

Similar bills were introduced in the House of Representatives by 

Rep. Jo Ann Davis (H.R. 103) on January 5, 2007, and by Rep. Lois 

Capps (H.R. 1142) on February 17, 2007. 

IV. SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 designates the name of the act as the ‘‘Federal Firefighters Fairness Act of 2008.’’ 

Section 2. Certain diseases presumed to be work-related cause of 

disability or death for federal employees in fire protection activities 

Subsection (a) defines the class of employees to whom the bill 

would apply. The presumption created by the bill would only apply 

to individuals who are trained in fire suppression, authorized to engage in fire suppression, and engage in fire suppression and other 

emergency response activities as a primary responsibility of their 

job. 

Subsection (b) lists 20 infectious and non-infectious diseases for 

which the presumption would apply for employees covered by the 

bill. The Secretary of Labor would be permitted to add additional 

diseases to the list if he or she determines that they are related 

to the hazards firefighters face on the job. The presumption for 

non-infectious diseases would only apply to employees who have 

been employed by the Federal government for five years or more. 

The presumption for infectious diseases would apply to all covered 


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employees. The presumption would be rebuttable by a preponderance of the evidence. 

Subsection (c) requires the National Institute of Occupational 

Safety and Health in the Centers for Disease Control and Prevention to report to Congress, no later than 10 years after enactment, 

on the claims filed under the presumption created in the bill and 

on the available research related to the health risks associated 

with firefighting. The report will also include any recommendations 

on any administrative or legislative actions necessary to ensure 

that those diseases most closely associated with firefighting are included in the presumption created in the bill. 

Subsection (d) states that the presumption included in the bill 

only applies to injuries diagnosed and deaths occurring after the 

date of enactment. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill. The Congressional Budget Office 

states that the bill contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandate Reform Act and 

would not affect state, local, and tribal governments. The enactment of this legislation will not have significant regulatory impact. 

VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 2, 2008. 

Hon. JOSEPH I. LIEBERMAN, Chairman 

Committee on Homeland Security and Governmental Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1924, the Federal Firefighters Fairness Act of 2008. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Christina Hawley Anthony. 

Sincerely, 

PETER H. FONTAINE

(For Peter R. Orszag, Director). 

Enclosure. 

S. 1924—Federal Firefighters Fairness Act of 2008 

Summary: S. 1924 would expand eligibility for federal firefighters with certain diseases and conditions to receive medical, 

wage replacement, and death benefits under the Federal Employees’ Compensation Act (FECA). 

CBO estimates that, on net, enacting S. 1924 would increase di- rect spending for benefits for firefighters by $2 million in 2009 and 

$26 million over the 2009–2018 period. Enacting the bill would not 

affect revenues. 

Because employing agencies ultimately bear the cost of federal 

workers’ compensation claims, CBO estimates that discretionary 


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costs for salaries and expenses would rise along with the FECA 

claims. Assuming appropriation of the necessary amounts, CBO estimates that spending subject to appropriation would increase by 

$25 million over the 2009–2018 period. 

S. 1924 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1924 is shown in the following table. The costs 

of this legislation fall within budget function 600 (income security). 

By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2009– 

2013 

2009– 

2018 

CHANGES IN DIRECT SPENDING 

Estimated Budget Authority .. 2 2 2 3 3 3 3 3 3 3 12 26 

Estimated Outlays ................. 2 2 2 3 3 3 3 3 3 3 12 26 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level 1 2 3 3 3 3 3 3 3 3 11 27 

Estimated Outlays ................. 1 2 2 3 3 3 3 3 3 3 10 25 

Memorandum: 

Intragovernmental Collections 

from Agencies to Pay for 

FECA Costs ........................ -1 -2 -2 -3 -3 -3 -3 -3 -3 -3 -10 -25 

Notes: Components may not sum to totals because of rounding. 

FECA = Federal Employees’ Compensation Act. 

Basis of estimate: For purposes of this estimate, CBO assumes 

that S. 1924 will be enacted near the start of fiscal year 2009. 

Direct spending 

S. 1924 would make federal firefighters who contract certain diseases presumptively eligible for benefits under FECA. The specified 

diseases include heart disease, lung disease, certain cancers, tuberculosis, hepatitis A, B, or C, and human immunodeficiency disease. 

Affected federal firefighters would be eligible for federal workers’ 

compensation benefits, including medical expenses, disability payments, and death payments to survivors. Based on the incidence, 

disability, and death rates for the specified diseases, CBO estimates that between 200 and 300 people per year, on average, 

would qualify for benefits. CBO estimates that providing FECA 

benefits for eligible firefighters would increase direct spending by 

$28 million over the 2009–2018 period. 

Costs under FECA would be partially offset by small savings in 

federal disability and Federal Employees Health Benefits payments. For those claimants who would have been able to qualify for 

federal disability payments under current law, those disability payments would be replaced by FECA payments. In addition, the federal government’s share of health care premiums for retirees would 

decline slightly as costs for covered medical conditions would be 

paid by FECA. After accounting for those offsets ($2 million over 

the 10-year period), CBO estimates that, on net, enacting S. 1924 


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would increase mandatory spending by $26 million over the 2009– 

2018 period. 

Spending subject to appropriation 

Because FECA costs ultimately are charged back to the claimant’s employing agency, the costs are borne by those agencies’ salaries and expense accounts. Therefore, CBO estimates that enacting 

S. 1924 would increase discretionary costs for salaries and expenses governmentwide by a total of $25 million over the 2009– 

2018 period, assuming appropriation of the estimated amounts. 

Those reimbursements would be transferred to and credited to the 

FECA account, as shown in the memorandum line in the table 

above. 

Intergovernmental and private-sector impact: S. 1924 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would not affect the budgets of state, local, or tribal governments. 

Estimate prepared by: Federal costs: Christina Hawley Anthony; 

Impact on State, local, and Tribal governments: Lisa RamirezBranum; Impact on the Private Sector: Paige Piper/Bach. 

Estimate approved by: Keith J. Fontenot, Deputy Assistant Director for Health and Human Resources, Budget Analysis Division. 

VII. CHANGES TO EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 1924 as 

reported are shown as follows (existing law proposed to be omitted 

is enclosed in brackets, new matter is printed in italic, and existing 

law in which no change is proposed is shown in roman): 

TITLE 5. GOVERNMENT ORGANIZATION 

AND EMPLOYEES 

PART III. EMPLOYEES 

Subpart G. Insurance and Annuities 

CHAPTER 81. COMPENSATION FOR WORK INJURIES 

Subchapter I. Generally 

§ 8101. Definitions 

For the purpose of this subchapter— 

* * * * * * * 

(19) ‘‘organ’’ means a part of the body that performs a special 

function, and for purposes of this subchapter excludes the 

brain, heart, and back; øand¿ 

(20) ‘‘United States medical officers and hospitals’’ includes 

medical officers and hospitals of the Army, Navy, Air Force, 

Department of Veterans Affairs, and United States Public 

Health Service, and any other medical officer or hospital desVerDate Aug 31 2005 05:56 Nov 19, 2008 Jkt 079010 PO 00000 Frm 00012 Fmt 6602 Sfmt 6602 E:\HR\OC\SR520.XXX SR520

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ignated as a United States medical officer or hospital by the 

Secretary of Laborø.¿; and 

(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; 

(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 

(D) performs such activities as a primary responsibility of 

his or her job. 

§ 8102. Compensation for disability or death of employee 

* * * * * * * 

(c)(1) With regard to an employee in fire protection activities, a 

disease specified in paragraph (2) 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. 

(2) The following diseases shall be presumed to be proximately 

caused by the employment of the employee: 

(A) If the employee has been employed for a minimum of 5 

years: 

(i) Heart disease. 

(ii) Lung disease. 

(iii) The following cancers: 

(I) Brain cancer. 

(II) Cancer of the blood or lymphatic systems. 

(III) Leukemia. 

(IV) Lymphoma (except Hodgkin’s disease). 

(V) Multiple myeloma. 

(VI) Bladder cancer. 

(VII) Kidney cancer. 

(VIII) Testicular cancer. 

(IX) Cancer of the digestive system. 

(X) Colon cancer. 

(XI) Liver cancer. 

(XII) Skin cancer. 

(XIII) Lung cancer. 

(iv) Any other cancer the contraction of which the Secretary of Labor determines to be related to the hazards to 

which an employee in fire protection activities may be subject. 

(B) Regardless of the length of time an employee has been employed: 

(i) The following infectious diseases: 

(I) Tuberculosis. 

(II) Hepatitis A, B, or C. 

(III) Human. immunodeficiency virus (HIV). 


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(ii) Any uncommon infectious disease the contraction of 

which the Secretary of Labor determines to be related to the 

hazards to which an employee in fire protection activities 

may be subject.’’. 

Æ 


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