I 

115TH CONGRESS 

1ST SESSION H. R. 1884 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2017 

Mr. CARBAJAL (for himself and Mr. TAKANO) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Firefighters 

5 Fairness Act of 2017’’. 


lotter on DSK5VPTVN1PROD with BILLS
2 

•HR 1884 IH

1 SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RE2 LATED CAUSE OF DISABILITY OR DEATH FOR 

3 FEDERAL EMPLOYEES IN FIRE PROTECTION 

4 ACTIVITIES. 

5 (a) DEFINITION.—Section 8101 of title 5, United 

6 States Code, is amended— 

7 (1) by striking ‘‘and’’ at the end of paragraph 

8 (19); 

9 (2) by striking the period at the end of para10 graph (20) and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(21) ‘employee in fire protection activities’ 

13 means a firefighter, paramedic, emergency medical 

14 technician, rescue worker, ambulance personnel, or 

15 hazardous material worker, who— 

16 ‘‘(A) is trained in fire suppression; 

17 ‘‘(B) has the legal authority and responsi18 bility to engage in fire suppression; 

19 ‘‘(C) is engaged in the prevention, control, 

20 and extinguishment of fires or response to 

21 emergency situations where life, property, or 

22 the environment is at risk; and 

23 ‘‘(D) performs such activities as a primary 

24 responsibility of his or her job.’’. 

25 (b) PRESUMPTION RELATING TO EMPLOYEES IN

26 FIRE PROTECTION ACTIVITIES.—Section 8102 of title 5, 


lotter on DSK5VPTVN1PROD with BILLS
3 

•HR 1884 IH

1 United States Code, is amended by adding at the end the 

2 following: 

3 ‘‘(c)(1) With regard to an employee in fire protection 

4 activities, a disease specified in paragraph (3) shall be pre5 sumed to be proximately caused by the employment of 

6 such employee, subject to the length of service require7 ments specified. The disability or death of an employee 

8 in fire protection activities due to such a disease shall be 

9 presumed to result from personal injury sustained while 

10 in the performance of such employee’s duty. Such pre11 sumptions may be rebutted by a preponderance of the evi12 dence. 

13 ‘‘(2) Such presumptions apply only if the employee 

14 in fire protection activities is diagnosed with the disease 

15 for which presumption is sought within 10 years of the 

16 last active date of employment as an employee in fire pro17 tection activities. 

18 ‘‘(3) The following diseases shall be presumed to be 

19 proximately caused by the employment of the employee in 

20 fire protection activities: 

21 ‘‘(A) If the employee has been employed for a 

22 minimum of 5 years in aggregate as an employee in 

23 fire protection activities: 

24 ‘‘(i) Heart disease. 

25 ‘‘(ii) Lung disease. 


lotter on DSK5VPTVN1PROD with BILLS
4 

•HR 1884 IH

1 ‘‘(iii) The following cancers: 

2 ‘‘(I) Brain cancer. 

3 ‘‘(II) Cancer of the blood or lymphatic 

4 systems. 

5 ‘‘(III) Leukemia. 

6 ‘‘(IV) Lymphoma (except Hodgkin’s 

7 disease). 

8 ‘‘(V) Multiple myeloma. 

9 ‘‘(VI) Bladder cancer. 

10 ‘‘(VII) Kidney cancer. 

11 ‘‘(VIII) Testicular cancer. 

12 ‘‘(IX) Cancer of the digestive system. 

13 ‘‘(X) Colon cancer. 

14 ‘‘(XI) Liver cancer. 

15 ‘‘(XII) Skin cancer. 

16 ‘‘(XIII) Lung cancer. 

17 ‘‘(iv) Any other cancer the contraction of 

18 which the Secretary of Labor through regula19 tions determines to be related to the hazards to 

20 which an employee in fire protection activities 

21 may be subject. 

22 ‘‘(B) Regardless of the length of time an em23 ployee in fire protection activities has been em24 ployed, any uncommon infectious disease, including 

25 but not limited to tuberculosis, hepatitis A, B, or C, 


lotter on DSK5VPTVN1PROD with BILLS
5 

•HR 1884 IH

1 the human immunodeficiency virus (HIV), and any 

2 other uncommon infectious disease the contraction 

3 of which the Secretary of Labor through regulations 

4 determines to be related to the hazards to which an 

5 employee in fire protection activities may be sub6 ject.’’. 

7 (c) REPORT.—Not later than 5 years after the date 

8 of enactment of this Act, the National Institute of Occupa9 tional Safety and Health in the Centers for Disease Con10 trol and Prevention shall examine the implementation of 

11 this Act and appropriate scientific and medical data re12 lated to the health risks associated with firefighting and 

13 submit to Congress a report which shall include— 

14 (1) an analysis of the injury claims made under 

15 this Act; 

16 (2) an analysis of the available research related 

17 to the health risks associated with firefighting; and 

18 (3) recommendations for any administrative or 

19 legislative actions necessary to ensure that those dis20 eases most associated with firefighting are included 

21 in the presumption created by this Act. 

22 (d) EFFECTIVE DATE.—The amendment made by 

23 this section applies to an injury that is first diagnosed or 


lotter on DSK5VPTVN1PROD with BILLS
6 

•HR 1884 IH

1 a death that occurs, on or after the date of enactment 

2 of this Act. 

Æ 


lotter on DSK5VPTVN1PROD with BILLS