I 

112TH CONGRESS 

1ST SESSION H. R. 1066 

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 

MARCH 14, 2011 

Mrs. CAPPS (for herself and Mr. PLATTS) 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 2011’’. 


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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 by striking ‘‘and’’ at the end of 

7 paragraph (19), by striking the period at the end of para8 graph (20) and inserting ‘‘; and’’, and by adding at the 

9 end the following: 

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

11 means a firefighter, paramedic, emergency medical 

12 technician, rescue worker, ambulance personnel, or 

13 hazardous material worker, who— 

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

15 ‘‘(B) has the legal authority and responsi16 bility to engage in fire suppression; 

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

18 and extinguishment of fires or response to 

19 emergency situations where life, property, or 

20 the environment is at risk; and 

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

22 responsibility of his or her job.’’. 

23 (b) PRESUMPTION RELATING TO EMPLOYEES IN

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

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

26 following: 


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

2 activities, a disease specified in paragraph (3) shall be pre3 sumed to be proximately caused by the employment of 

4 such employee, subject to the length of service require5 ments specified. The disability or death of an employee 

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

7 presumed to result from personal injury sustained while 

8 in the performance of such employee’s duty. Such pre9 sumptions may be rebutted by a preponderance of the evi10 dence. 

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

12 in fire protection activities is diagnosed with the disease 

13 for which presumption is sought within 10 years of the 

14 last active date of employment as an employee in fire pro15 tection activities. 

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

17 proximately caused by the employment of the employee in 

18 fire protection activities: 

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

20 minimum of 5 years in aggregate as an employee in 

21 fire protection activities: 

22 ‘‘(i) Heart disease. 

23 ‘‘(ii) Lung disease. 

24 ‘‘(iii) The following cancers: 

25 ‘‘(I) Brain cancer. 


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

2 systems. 

3 ‘‘(III) Leukemia. 

4 ‘‘(IV) Lymphoma (except Hodgkin’s 

5 disease). 

6 ‘‘(V) Multiple myeloma. 

7 ‘‘(VI) Bladder cancer. 

8 ‘‘(VII) Kidney cancer. 

9 ‘‘(VIII) Testicular cancer. 

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

11 ‘‘(X) Colon cancer. 

12 ‘‘(XI) Liver cancer. 

13 ‘‘(XII) Skin cancer. 

14 ‘‘(XIII) Lung cancer. 

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

16 which the Secretary of Labor through regula17 tions determines to be related to the hazards to 

18 which an employee in fire protection activities 

19 may be subject. 

20 ‘‘(B) Regardless of the length of time an em21 ployee in fire protection activities has been em22 ployed, any uncommon infectious disease, including 

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

24 the human immunodeficiency virus (HIV), and any 

25 other uncommon infectious disease the contraction 


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1 of which the Secretary of Labor through regulations 

2 determines to be related to the hazards to which an 

3 employee in fire protection activities may be sub4 ject.’’. 

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

6 of enactment of this Act, the National Institute of Occupa7 tional Safety and Health in the Centers for Disease Con8 trol and Prevention shall examine the implementation of 

9 this Act and appropriate scientific and medical data re10 lated to the health risks associated with firefighting and 

11 submit to Congress a report which shall include— 

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

13 this Act; 

14 (2) an analysis of the available research related 

15 to the health risks associated with firefighting; and 

16 (3) recommendations for any administrative or 

17 legislative actions necessary to ensure that those dis18 eases most associated with firefighting are included 

19 in the presumption created by this Act. 

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

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

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

23 of this Act. 

Æ 


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