II 

116TH CONGRESS 

1ST SESSION S. 1942 

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 the duty of the employee, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2019 

Mr. CARPER (for himself, Ms. COLLINS, Mr. SCHATZ, Mr. KING, Mr. BROWN, 

Mr. COONS, Mr. BENNET, Ms. ROSEN, Mr. TESTER, and Ms. BALDWIN) 

introduced the following bill; which was read twice and referred to the 

Committee on Homeland Security and Governmental Affairs 

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 the duty of the employee, and for other purposes. 

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 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1942 IS

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) in paragraph (18), by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (19), by striking ‘‘and’’ at the 

10 end; 

11 (3) in paragraph (20), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (4) by adding at the end the following: 

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

15 means an employee— 

16 ‘‘(A) serving as a firefighter, a paramedic, 

17 an emergency medical technician, a rescue 

18 worker, ambulance personnel, or a hazardous 

19 material worker; and 

20 ‘‘(B) who— 

21 ‘‘(i) is trained in fire suppression; 

22 ‘‘(ii) has the legal authority and re23 sponsibility to engage in fire suppression; 

24 ‘‘(iii) is engaged in the prevention, 

25 control, and extinguishment of fires or re26 sponse to emergency situations in which 


kjohnson on DSK79L0C42 with BILLS
3 

•S 1942 IS

1 life, property, or the environment is at 

2 risk; and 

3 ‘‘(iv) performs such activities as a pri4 mary responsibility of the duty of the em5 ployee.’’. 

6 (b) PRESUMPTION RELATING TO EMPLOYEES IN

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

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

9 following: 

10 ‘‘(c)(1) Subject to paragraph (2), and any length of 

11 service limitation under paragraph (3), with respect to an 

12 employee in fire protection activities— 

13 ‘‘(A) a disease described in paragraph (3) shall 

14 be presumed to be proximately caused by the em15 ployment of the employee; and 

16 ‘‘(B) the disability or death of the employee due 

17 to a disease described in paragraph (3) shall be pre18 sumed to result from personal injury sustained while 

19 in the performance of the duty of the employee. 

20 ‘‘(2) With respect to any presumption described in 

21 paragraph (1)— 

22 ‘‘(A) the presumption shall apply with respect 

23 to an employee in fire protection activities only if the 

24 employee is diagnosed with the disease with respect 

25 to which the presumption is sought not later than 


kjohnson on DSK79L0C42 with BILLS
4 

•S 1942 IS

1 10 years after the last day on which the employee 

2 is an active employee in fire protection activities; 

3 and 

4 ‘‘(B) the presumption may be rebutted by a 

5 preponderance of the evidence. 

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

7 proximately caused by the employment of an employee in 

8 fire protection activities: 

9 ‘‘(A) If the employee has been employed for not 

10 less than 5 years in the aggregate as an employee 

11 in fire protection activities: 

12 ‘‘(i) Heart disease. 

13 ‘‘(ii) Lung disease. 

14 ‘‘(iii) The following cancers: 

15 ‘‘(I) Brain cancer. 

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

17 systems. 

18 ‘‘(III) Leukemia. 

19 ‘‘(IV) Lymphoma (except Hodgkin’s 

20 disease). 

21 ‘‘(V) Multiple myeloma. 

22 ‘‘(VI) Bladder cancer. 

23 ‘‘(VII) Kidney cancer. 

24 ‘‘(VIII) Testicular cancer. 

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


kjohnson on DSK79L0C42 with BILLS
5 

•S 1942 IS

1 ‘‘(X) Colon cancer. 

2 ‘‘(XI) Liver cancer. 

3 ‘‘(XII) Skin cancer. 

4 ‘‘(XIII) Lung cancer. 

5 ‘‘(XIV) Breast cancer. 

6 ‘‘(iv) Any other cancer, the contraction of 

7 which the Secretary of Labor, by rule, deter8 mines to be related to the hazards to which an 

9 employee in fire protection activities may be 

10 subject. 

11 ‘‘(B) Without regard to the length of time that 

12 an employee in fire protection activities has been 

13 employed, any uncommon infectious disease, includ14 ing— 

15 ‘‘(i) tuberculosis; 

16 ‘‘(ii) hepatitis A, B, or C; 

17 ‘‘(iii) the human immunodeficiency virus 

18 (commonly known as ‘HIV’); and 

19 ‘‘(iv) any other uncommon infectious dis20 ease, the contraction of which the Secretary of 

21 Labor, by rule, determines to be related to the 

22 hazards to which an employee in fire protection 

23 activities may be subject.’’. 


kjohnson on DSK79L0C42 with BILLS
6 

•S 1942 IS

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

2 of enactment of this Act, the Director of the National In3 stitute for Occupational Safety and Health shall— 

4 (1) examine the implementation of this Act, and 

5 the amendments made by this Act, and appropriate 

6 scientific and medical data relating to the health 

7 risks associated with firefighting; and 

8 (2) submit to Congress a report, which shall in9 clude— 

10 (A) an analysis of the claims for com11 pensation made under the amendments made 

12 by this Act; 

13 (B) an analysis of the available research 

14 relating to the health risks associated with fire15 fighting; and 

16 (C) recommendations for any administra17 tive or legislative actions necessary to ensure 

18 that those diseases most associated with fire19 fighting are included in the presumptions under 

20 subsection (c) of section 8102 of title 5, United 

21 States Code, as added by subsection (b) of this 

22 section. 


kjohnson on DSK79L0C42 with BILLS
7 

•S 1942 IS

1 (d) APPLICATION.—The amendments made by this 

2 section shall apply to a disability or death that occurs on 

3 or after the date of enactment of this Act. 

Æ 


kjohnson on DSK79L0C42 with BILLS