II 

Calendar No. 1102 

110TH CONGRESS 

2D SESSION S. 1924 

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 SENATE OF THE UNITED STATES 

AUGUST 1, 2007 

Mr. CARPER (for himself, Mr. WARNER, Mr. MENENDEZ, Mr. KERRY, Ms. 

COLLINS, Mr. BROWN, Mr. SANDERS, Mrs. MCCASKILL, Mr. ISAKSON, 

Ms. SNOWE, Mr. DODD, Mr. LIEBERMAN, Mr. DURBIN, Mr. 

WHITEHOUSE, Mr. BINGAMAN, Mr. KENNEDY, Mr. CASEY, Ms. 

LANDRIEU, Ms. CANTWELL, and Mrs. MURRAY) introduced the following 

bill; which was read twice and referred to the Committee on Homeland 

Security and Governmental Affairs 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 


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•S 1924 RS

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 2007’’. 

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) IN GENERAL.—Section 8102 of title 5, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘(c)(1) In this subsection, the term ‘employee in fire 

14 protection activities’ means an employee, including a fire15 fighter, paramedic, emergency medical technician, rescue 

16 worker, ambulance personnel, or hazardous materials 

17 worker, who— 

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

19 authority and responsibility to engage in fire sup20 pression; and 

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

22 extinguishment of fires or response to emergency sit23 uations where life, property, or the environment is at 

24 risk. 


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1 ‘‘(2) In the case of an employee in fire protection ac2 tivities who has a disease specified in paragraph (3), the 

3 employee’s disease shall be presumed to be proximately 

4 caused by the employment of such employee. A disability 

5 or death of an employee in fire protection activities due 

6 to such a disease shall be presumed to result from personal 

7 injury sustained while in the performance of such employ8 ee’s duty. Such presumptions may be rebutted by a pre9 ponderance of the evidence. 

10 ‘‘(3) The diseases specified in this paragraph are the 

11 following: 

12 ‘‘(A) Heart disease. 

13 ‘‘(B) Lung disease. 

14 ‘‘(C) The following cancers: 

15 ‘‘(i) Brain cancer. 

16 ‘‘(ii) Cancer of the blood or lymphatic sys17 tems. 

18 ‘‘(iii) Leukemia. 

19 ‘‘(iv) Lymphoma (except Hodgkin’s dis20 ease). 

21 ‘‘(v) Multiple myeloma. 

22 ‘‘(vi) Bladder cancer. 

23 ‘‘(vii) Kidney cancer. 

24 ‘‘(viii) Prostate cancer. 

25 ‘‘(ix) Testicular cancer. 


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

2 ‘‘(xi) Colon cancer. 

3 ‘‘(xii) Liver cancer. 

4 ‘‘(xiii) Skin cancer. 

5 ‘‘(xiv) Breast cancer. 

6 ‘‘(xv) Lung cancer. 

7 ‘‘(D) The following infectious diseases: 

8 ‘‘(i) Tuberculosis. 

9 ‘‘(ii) Hepatitis A, B, or C. 

10 ‘‘(iii) Human immunodeficiency virus 

11 (HIV). 

12 ‘‘(iv) Diphtheria. 

13 ‘‘(v) Hemorrhagic fever. 

14 ‘‘(vi) Meningococcal disease. 

15 ‘‘(vii) Rabies. 

16 ‘‘(viii) Any uncommon infectious disease 

17 the contraction of which the Secretary of Labor 

18 determines to be related to the hazards to 

19 which an employee in fire protection activities 

20 may be subject.’’. 

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

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

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

24 of this Act. 


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•S 1924 RS

1 SECTION 1. SHORT TITLE . 

2 This Act may be cited as the ‘‘Federal Firefighters 

3 Fairness Act of 2008’’. 

4 SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RE5 LATED CAUSE OF DISABILITY OR DEATH FOR 

6 FEDERAL EMPLOYEES IN FIRE PROTECTION 

7 ACTIVITIES. 

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

9 States Code, is amended by adding at the 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 emer19 gency situations where life, property, or the envi20 ronment 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 FIRE

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

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

26 new subsection: 


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

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

4 employee, subject to the length of service requirements speci5 fied. The disability or death of an employee in fire protec6 tion activities due to such a disease shall be presumed to 

7 result from personal injury sustained while in the perform8 ance of such employee’s duty. Such presumptions may be 

9 rebutted by a preponderance of the evidence. 

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

11 proximately caused by the employment of the employee: 

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

13 minimum of 5 years: 

14 ‘‘(i) Heart disease. 

15 ‘‘(ii) Lung disease. 

16 ‘‘(iii) The following cancers: 

17 ‘‘(I) Brain cancer. 

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

19 systems. 

20 ‘‘(III) Leukemia. 

21 ‘‘(IV) Lymphoma (except Hodgkin’s 

22 disease). 

23 ‘‘(V) Multiple myeloma. 

24 ‘‘(VI) Bladder cancer. 

25 ‘‘(VII) Kidney cancer. 


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1 ‘‘(VIII) Testicular cancer. 

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

3 ‘‘(X) Colon cancer. 

4 ‘‘(XI) Liver cancer. 

5 ‘‘(XII) Skin cancer. 

6 ‘‘(XIII) Lung cancer. 

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

8 which the Secretary of Labor determines to be re9 lated to the hazards to which an employee in fire 

10 protection activities may be subject. 

11 ‘‘(B) Regardless of the length of time an em12 ployee has been employed: 

13 ‘‘(i) The following infectious diseases: 

14 ‘‘(I) Tuberculosis. 

15 ‘‘(II) Hepatitis A, B, or C. 

16 ‘‘(III) Human immunodeficiency virus 

17 (HIV). 

18 ‘‘(ii) Any uncommon infectious disease the 

19 contraction of which the Secretary of Labor de20 termines to be related to the hazards to which an 

21 employee in fire protection activities may be sub22 ject.’’. 

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

24 of enactment of this Act, the National Institute of Occupa25 tional Safety and Health in the Centers for Disease Control 


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1 and Prevention shall examine the implementation of this 

2 Act and appropriate scientific and medical data related to 

3 the health risks associated with firefighting and submit to 

4 Congress a report which shall include— 

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

6 this Act; 

7 (2) an analysis of the available research related 

8 to the health risks associated with firefighting; and 

9 (3) recommendations for any administrative or 

10 legislative actions necessary to ensure that those dis11 eases most associated with firefighting are included in 

12 the presumption created by this Act. 

13 (d) EFFECTIVE DATE.—The amendment made by this 

14 section applies to an injury that is first diagnosed, or a 

15 death that occurs, on or after the date of enactment of this 

16 Act. 


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Calendar No. 1102 

110TH CONGRESS 

2D SESSION S. 1924 

A BILL 

To amend chapter 81 of title 5, United States 

O

duty. result of the performance of such employee’s tivities caused by any of certain diseases is the death of a Federal employee in fire protection acCode, to create a presumption that a disability or 

CTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Reported with an amendment 


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