I

107TH CONGRESS

1ST SESSION H. R. 2163

To amend title 5, United States Code, to create a presumption that disability

of a Federal employee in fire protection activities caused by certain

conditions is presumed to result from the performance of such employee’s

duty.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 2001

Mr. RODRIGUEZ (for himself, Mrs. MORELLA, Mrs. CAPPS, Mrs. JO ANN

DAVIS of Virginia, and Mr. KENNEDY of Rhode Island) introduced the

following bill; which was referred to the Committee on Education and the

Workforce

A BILL

To amend title 5, United States Code, to create a presumption that disability of a Federal employee in fire protection activities caused by certain conditions is presumed

to result from 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 2001’’.
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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) IN GENERAL.—Section 8102 of title 5, United

6 States Code, is amended by adding at the end the fol7 lowing new subsection:

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

9 activities, a disease specified in paragraph (2) shall be pre10 sumed to be proximately caused by the employment of

11 such employee. The disability or death of an employee in

12 fire protection activities due to such a disease shall be pre13 sumed to result from personal injury sustained while in

14 the performance of such employee’s duty. Such presump15 tions may be rebutted by a preponderance of the evidence.

16 ‘‘(2) The diseases specified in this paragraph are the

17 following:

18 ‘‘(A) Heart disease.

19 ‘‘(B) Lung disease.

20 ‘‘(C) The following cancers:

21 ‘‘(i) Brain cancer.

22 ‘‘(ii) Cancer of the blood or lymphatic sys23 tems.

24 ‘‘(iii) Leukemia.

25 ‘‘(iv) Lymphoma (except Hodgkin’s dis26 ease).
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1 ‘‘(v) Multiple myeloma.

2 ‘‘(vi) Bladder cancer.

3 ‘‘(vii) Kidney cancer.

4 ‘‘(viii) Prostate cancer.

5 ‘‘(ix) Testicular cancer.

6 ‘‘(x) Cancer of the digestive system.

7 ‘‘(xi) Colon cancer.

8 ‘‘(xii) Liver cancer.

9 ‘‘(xiii) Skin cancer.

10 ‘‘(xiv) Breast cancer.

11 ‘‘(xv) Lung cancer.

12 ‘‘(D) The following infectious diseases:

13 ‘‘(i) Tuberculosis.

14 ‘‘(ii) Hepatitis A, B, or C.

15 ‘‘(iii) Human immunodeficiency virus

16 (HIV).

17 ‘‘(iv) Diphtheria.

18 ‘‘(v) Hemorrhagic fever.

19 ‘‘(vi) Meningococcal disease.

20 ‘‘(vii) Rabies.

21 ‘‘(viii) Any uncommon infectious disease

22 the contraction of which the Secretary of Labor

23 determines to be related to the hazards to

24 which an employee in fire protection activities

25 may be subject.
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1 ‘‘(3) The term ‘employee in fire protection activities’

2 means an employee, including a firefighter, paramedic,

3 emergency medical technician, rescue worker, ambulance

4 personnel, or hazardous materials worker, who—

5 ‘‘(A) is trained in fire suppression, has the legal

6 authority and responsibility to engage in fire sup7 pression; and

8 ‘‘(B) is engaged in the prevention, control, and

9 extinguishment of fires or response to emergency sit10 uations where life, property, or the environment is at

11 risk.’’.

12 (b) EFFECTIVE DATE.—The amendment made by

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

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

15 of this Act.

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