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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2266 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Firefighters Fairness Act of 
2014''.

SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RELATED CAUSE OF 
              DISABILITY OR DEATH OF FEDERAL EMPLOYEES IN FIRE 
              PROTECTION ACTIVITIES.

    (a) Definition.--Section 8101 of title 5, United States Code, is 
amended--
            (1) in paragraph (18), by striking ``and'' at the end;
            (2) in paragraph (19), by striking ``and'' at the end;
            (3) in paragraph (20), by striking the period at the end 
        and inserting ``and''; and
            (4) by adding at the end the following:
            ``(21) `employee in fire protection activities' means a 
        firefighter, paramedic, emergency medical technician, rescue 
        worker, ambulance personnel, or hazardous material worker, 
        who--
                    ``(A) is trained in fire suppression;
                    ``(B) has the legal authority and responsibility to 
                engage in fire suppression;
                    ``(C) is engaged in the prevention, control, and 
                extinguishment of fires or response to emergency 
                situations where life, property, or the environment is 
                at risk; and
                    ``(D) performs such activities as a primary 
                responsibility of the job of the individual.''.
    (b) Presumption Relating to Employees in Fire Protection 
Activities.--Section 8102 of title 5, United States Code, is amended by 
adding at the end the following:
    ``(c)(1) With regard to an employee in fire protection activities, 
a disease specified in paragraph (3) shall be presumed to be 
proximately caused by the employment of such employee, subject to the 
length of service requirements specified. The disability or death of an 
employee in fire protection activities due to such a disease shall be 
presumed to result from personal injury sustained while in the 
performance of such employee's duty. Such presumptions may be rebutted 
by a preponderance of the evidence.
    ``(2) Such presumptions apply only if the employee in fire 
protection activities is diagnosed with the disease for which 
presumption is sought within 10 years of the last active date of 
employment as an employee in fire protection activities.
    ``(3) The following diseases shall be presumed to be proximately 
caused by the employment of the employee in fire protection activities:
            ``(A) If the employee has been employed for a minimum of 5 
        years in aggregate as an employee in fire protection 
        activities:
                    ``(i) Heart disease.
                    ``(ii) Lung disease.
                    ``(iii) The following cancers:
                            ``(I) Brain cancer.
                            ``(II) Cancer of the blood or lymphatic 
                        systems.
                            ``(III) Leukemia.
                            ``(IV) Lymphoma (except Hodgkin's disease).
                            ``(V) Multiple myeloma.
                            ``(VI) Bladder cancer.
                            ``(VII) Kidney cancer.
                            ``(VIII) Testicular cancer.
                            ``(IX) Cancer of the digestive system.
                            ``(X) Colon cancer.
                            ``(XI) Liver cancer.
                            ``(XII) Skin cancer.
                            ``(XIII) Lung cancer.
                    ``(iv) Any other cancer the contraction of which 
                the Secretary of Labor through regulations determines 
                to be related to the hazards to which an employee in 
                fire protection activities may be subject.
            ``(B) Regardless of the length of time an employee in fire 
        protection activities has been employed, any uncommon 
        infectious disease, including but not limited to tuberculosis, 
        hepatitis A, B, or C, the human immunodeficiency virus (HIV), 
        and any other uncommon infectious disease the contraction of 
        which the Secretary of Labor through regulations determines to 
        be related to the hazards to which an employee in fire 
        protection activities may be subject.''.
    (c) Report.--Not later than 5 years after the date of enactment of 
this Act, the National Institute of Occupational Safety and Health in 
the Centers for Disease Control and Prevention shall examine the 
implementation of the amendments made by this Act and appropriate 
scientific and medical data related to the health risks associated with 
firefighting and submit to Congress a report that shall include--
            (1) an analysis of the injury claims made pursuant to the 
        amendments made by this Act;
            (2) an analysis of the available research related to the 
        health risks associated with firefighting; and
            (3) recommendations for any administrative or legislative 
        actions necessary to ensure that diseases most associated with 
        firefighting are included in the presumption established under 
        this Act.
    (d) Effective Date.--The amendments made by this Act shall apply to 
an injury that is first diagnosed or a death that occurs, on or after 
the date of enactment of this Act.
                                 <all>
```