II 

113TH CONGRESS 

2D SESSION S. 2266 

To amend chapter 81 of title 5, United States Code, to establish a presumption that a disability or death of a Federal employee in fire protection 

activities caused by certain diseases is the result of the performance 

of the duties of the employee. 

IN THE SENATE OF THE UNITED STATES 

APRIL 29, 2014 

Mr. CARPER (for himself and Ms. COLLINS) 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 

establish a presumption that a disability or death of 

a Federal employee in fire protection activities caused 

by certain diseases is the result of the performance of 

the duties of the employee. 

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 2014’’. 


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

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 a firefighter, paramedic, emergency medical 

16 technician, rescue worker, ambulance personnel, or 

17 hazardous material worker, who— 

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

19 ‘‘(B) has the legal authority and responsi20 bility to engage in fire suppression; 

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

22 and extinguishment of fires or response to 

23 emergency situations where life, property, or 

24 the environment is at risk; and 

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

26 responsibility of the job of the individual.’’. 


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1 (b) PRESUMPTION RELATING TO EMPLOYEES IN

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

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

4 following: 

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

6 activities, a disease specified in paragraph (3) shall be pre7 sumed to be proximately caused by the employment of 

8 such employee, subject to the length of service require9 ments specified. The disability or death of an employee 

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

11 presumed to result from personal injury sustained while 

12 in the performance of such employee’s duty. Such pre13 sumptions may be rebutted by a preponderance of the evi14 dence. 

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

16 in fire protection activities is diagnosed with the disease 

17 for which presumption is sought within 10 years of the 

18 last active date of employment as an employee in fire pro19 tection activities. 

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

21 proximately caused by the employment of the employee in 

22 fire protection activities: 

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

24 minimum of 5 years in aggregate as an employee in 

25 fire protection activities: 


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1 ‘‘(i) Heart disease. 

2 ‘‘(ii) Lung disease. 

3 ‘‘(iii) The following cancers: 

4 ‘‘(I) Brain cancer. 

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

6 systems. 

7 ‘‘(III) Leukemia. 

8 ‘‘(IV) Lymphoma (except Hodgkin’s 

9 disease). 

10 ‘‘(V) Multiple myeloma. 

11 ‘‘(VI) Bladder cancer. 

12 ‘‘(VII) Kidney cancer. 

13 ‘‘(VIII) Testicular cancer. 

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

15 ‘‘(X) Colon cancer. 

16 ‘‘(XI) Liver cancer. 

17 ‘‘(XII) Skin cancer. 

18 ‘‘(XIII) Lung cancer. 

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

20 which the Secretary of Labor through regula21 tions determines to be related to the hazards to 

22 which an employee in fire protection activities 

23 may be subject. 

24 ‘‘(B) Regardless of the length of time an em25 ployee in fire protection activities has been emVerDate Mar 15 2010 03:54 Apr 30, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2266.IS S2266

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1 ployed, any uncommon infectious disease, including 

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

3 the human immunodeficiency virus (HIV), and any 

4 other uncommon infectious disease the contraction 

5 of which the Secretary of Labor through regulations 

6 determines to be related to the hazards to which an 

7 employee in fire protection activities may be sub8 ject.’’. 

9 (c) REPORT.—Not later than 5 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 the amendments made by this Act and appropriate sci14 entific and medical data related to the health risks associ15 ated with firefighting and submit to Congress a report 

16 that shall include— 

17 (1) an analysis of the injury claims made pur18 suant to the amendments made by this Act; 

19 (2) an analysis of the available research related 

20 to the health risks associated with firefighting; and 

21 (3) recommendations for any administrative or 

22 legislative actions necessary to ensure that diseases 

23 most associated with firefighting are included in the 

24 presumption established under this Act. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this Act shall apply to an injury that is first diagnosed 

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

4 of this Act. 

Æ 


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