I 

111TH CONGRESS 

1ST SESSION H. R. 948 

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 

FEBRUARY 10, 2009 

Mrs. CAPPS (for herself, Mr. PLATTS, Mr. GEORGE MILLER of California, Ms. 

MATSUI, Ms. SUTTON, Mr. LEVIN, Mr. MORAN of Virginia, Mr. 

BLUMENAUER, Mr. VAN HOLLEN, Mr. HARE, Mr. CARNEY, Mr. SHERMAN, Ms. EDWARDS of Maryland, Mr. GRIJALVA, Mr. KENNEDY, Mr. 

ROTHMAN of New Jersey, Mr. HINCHEY, Ms. ROS-LEHTINEN, Ms. 

WOOLSEY, Mr. LOBIONDO, Mr. SCHIFF, Mrs. MALONEY, Mr. COURTNEY, 

Mr. SHULER, Ms. HIRONO, Mr. MCGOVERN, Mr. HASTINGS of Florida, 

Mr. MURTHA, Mr. STUPAK, Mr. MCHUGH, Mr. FILNER, Mrs. MILLER of 

Michigan, Mr. CONYERS, Mr. MICHAUD, Mrs. EMERSON, Mr. BRADY of 

Pennsylvania, Mr. SMITH of New Jersey, Mr. ROSS, Mr. MILLER of 

North Carolina, Mr. MCDERMOTT, Mr. RAHALL, Mr. WOLF, Mr. 

CONNOLLY of Virginia, Mr. SESTAK, Mr. TERRY, Mr. BISHOP of New 

York, Mr. CARNAHAN, Mr. ELLISON, Ms. SCHAKOWSKY, Mr. WITTMAN, 

Mr. SCOTT of Georgia, Mr. LYNCH, Ms. ZOE LOFGREN of California, Mr. 

SARBANES, Mr. CARSON of Indiana, Mr. FARR, Mr. CUMMINGS, Mr. 

MCMAHON, Mr. LEWIS of Georgia, Mr. GUTIERREZ, Mr. MARKEY of 

Massachusetts, Mr. HOLDEN, Mr. DOYLE, Mr. MCINTYRE, Ms. PINGREE

of Maine, Mr. GORDON of Tennessee, Mr. BOSWELL, Mr. CLAY, Mr. 

LUJA ́N, Mr. HOLT, Ms. DEGETTE, Mr. NYE, Mr. BOUCHER, Mr. TIM

MURPHY of Pennsylvania, Mr. TOWNS, Mr. BERMAN, Ms. RICHARDSON, 

Ms. SHEA-PORTER, Mr. MCCOTTER, Mr. MURPHY of Connecticut, Mr. 

GONZALEZ, Mr. POE of Texas, Mr. ARCURI, Mr. COSTELLO, Mr. ANDREWS, Mr. BACA, and Mr. KAGEN) introduced the following bill; which 

was referred to the Committee on Education and Labor 

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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 2009’’. 

6 SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RE7 LATED CAUSE OF DISABILITY OR DEATH FOR 

8 FEDERAL EMPLOYEES IN FIRE PROTECTION 

9 ACTIVITIES. 

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

11 States Code, is amended by striking ‘‘and’’ at the end of 

12 paragraph (19), by striking the period at the end of para13 graph (20) and inserting ‘‘; and’’, and by adding at the 

14 end the following: 

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

16 means a firefighter, paramedic, emergency medical 

17 technician, rescue worker, ambulance personnel, or 

18 hazardous material worker, who— 

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

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1 ‘‘(B) has the legal authority and responsi2 bility to engage in fire suppression; 

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

4 and extinguishment of fires or response to 

5 emergency situations where life, property, or 

6 the environment is at risk; and 

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

8 responsibility of his or her job.’’. 

9 (b) PRESUMPTION RELATING TO EMPLOYEES IN

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

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

12 following: 

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

14 activities, a disease specified in paragraph (2) shall be pre15 sumed to be proximately caused by the employment of 

16 such employee, subject to the length of service require17 ments specified. The disability or death of an employee 

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

19 presumed to result from personal injury sustained while 

20 in the performance of such employee’s duty. Such pre21 sumptions may be rebutted by a preponderance of the evi22 dence. 

23 ‘‘(2) The following diseases shall be presumed to be 

24 proximately caused by the employment of the employee: 

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

2 minimum of 5 years: 

3 ‘‘(i) Heart disease. 

4 ‘‘(ii) Lung disease. 

5 ‘‘(iii) The following cancers: 

6 ‘‘(I) Brain cancer. 

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

8 systems. 

9 ‘‘(III) Leukemia. 

10 ‘‘(IV) Lymphoma (except Hodgkin’s 

11 disease). 

12 ‘‘(V) Multiple myeloma. 

13 ‘‘(VI) Bladder cancer. 

14 ‘‘(VII) Kidney cancer. 

15 ‘‘(VIII) Testicular cancer. 

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

17 ‘‘(X) Colon cancer. 

18 ‘‘(XI) Liver cancer. 

19 ‘‘(XII) Skin cancer. 

20 ‘‘(XIII) Lung cancer. 

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

22 which the Secretary of Labor determines to be 

23 related to the hazards to which an employee in 

24 fire protection activities may be subject. 

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1 ‘‘(B) Regardless of the length of time an em2 ployee has been employed, any uncommon infectious 

3 disease, including but not limited to tuberculosis, 

4 hepatitis A, B, or C, and the human immuno5 deficiency virus (HIV), the contraction of which the 

6 Secretary of Labor determines to be related to the 

7 hazards to which an employee in fire protection ac8 tivities may be subject.’’. 

9 (c) REPORT.—Not later than 10 years after the date 

10 of enactment of this Act, the National Institute of Occupa11 tional Safety and Health in the Centers for Disease Con12 trol and Prevention shall examine the implementation of 

13 this Act and appropriate scientific and medical data re14 lated to the health risks associated with firefighting and 

15 submit to Congress a report which shall include— 

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

17 this Act; 

18 (2) an analysis of the available research related 

19 to the health risks associated with firefighting; and 

20 (3) recommendations for any administrative or 

21 legislative actions necessary to ensure that those dis22 eases most associated with firefighting are included 

23 in the presumption created by this Act. 

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

25 this section applies to an injury that is first diagnosed, 

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

2 of this Act. 

Æ 

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