I 

110TH CONGRESS 

1ST SESSION H. R. 1142 

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 

FEBRUARY 16, 2007 

Mrs. CAPPS (for herself and Mrs. JO ANN DAVIS of Virginia) introduced the 

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

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 2007’’. 


jcorcoran on PROD1PC62 with BILLS
2 

•HR 1142 IH

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 by adding at the end the fol7 lowing: 

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

9 means an employee, including a firefighter, para10 medic, emergency medical technician, rescue worker, 

11 ambulance personnel, or hazardous materials work12 er, who— 

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

14 legal authority and responsibility to engage in 

15 fire suppression; and 

16 ‘‘(B) is engaged in the prevention, control, 

17 and extinguishment of fires or response to 

18 emergency situations where life, property, or 

19 the environment is at risk.’’. 

20 (b) PRESUMPTION RELATING TO EMPLOYEES IN

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

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

23 following new subsection: 

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

25 activities, a disease specified in paragraph (2) shall be pre26 sumed to be proximately caused by the employment of 


jcorcoran on PROD1PC62 with BILLS
3 

•HR 1142 IH

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

2 fire protection activities due to such a disease shall be pre3 sumed to result from personal injury sustained while in 

4 the performance of such employee’s duty. Such presump5 tions may be rebutted by a preponderance of the evidence. 

6 ‘‘(2) The diseases referred to in paragraph (1) are 

7 the following: 

8 ‘‘(A) Heart disease. 

9 ‘‘(B) Lung disease. 

10 ‘‘(C) The following cancers: 

11 ‘‘(i) Brain cancer. 

12 ‘‘(ii) Cancer of the blood or lymphatic sys13 tems. 

14 ‘‘(iii) Leukemia. 

15 ‘‘(iv) Lymphoma (except Hodgkin’s dis16 ease). 

17 ‘‘(v) Multiple myeloma. 

18 ‘‘(vi) Bladder cancer. 

19 ‘‘(vii) Kidney cancer. 

20 ‘‘(viii) Prostate cancer. 

21 ‘‘(ix) Testicular cancer. 

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

23 ‘‘(xi) Colon cancer. 

24 ‘‘(xii) Liver cancer. 

25 ‘‘(xiii) Skin cancer. 


jcorcoran on PROD1PC62 with BILLS
4 

•HR 1142 IH

1 ‘‘(xiv) Breast cancer. 

2 ‘‘(xv) Lung cancer. 

3 ‘‘(D) The following infectious diseases: 

4 ‘‘(i) Tuberculosis. 

5 ‘‘(ii) Hepatitis A, B, or C. 

6 ‘‘(iii) Human immunodeficiency virus 

7 (HIV). 

8 ‘‘(iv) Diphtheria. 

9 ‘‘(v) Hemorrhagic fever. 

10 ‘‘(vi) Meningococcal disease. 

11 ‘‘(vii) Rabies. 

12 ‘‘(E) Any uncommon infectious disease the con13 traction of which the Secretary of Labor determines 

14 to be related to the hazards to which an employee 

15 in fire protection activities may be subject.’’. 

16 (c) EFFECTIVE DATE.—The amendment made by 

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

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

19 of this Act. 

Æ 


jcorcoran on PROD1PC62 with BILLS