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 presump-
tion that disability of a Federal employee in fire protec-
tion activities caused by certain conditions is presumed 
to result from the performance of such employee’s duty. 
Be it enacted by the Senate and House of Representa-
tives 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 2007’’. 
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SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RE-
LATED CAUSE OF DISABILITY OR DEATH FOR 
FEDERAL EMPLOYEES IN FIRE PROTECTION 
ACTIVITIES. 
(a) DEFINITION.—Section 8101 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(21) ‘employee in fire protection activities’ 
means an employee, including a firefighter, para-
medic, emergency medical technician, rescue worker, 
ambulance personnel, or hazardous materials work-
er, who— 
‘‘(A) is trained in fire suppression, has the 
legal authority and responsibility to engage in 
fire suppression; and 
‘‘(B) is engaged in the prevention, control, 
and extinguishment of fires or response to 
emergency situations where life, property, or 
the environment is at risk.’’. 
(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 new subsection: 
‘‘(c)(1) With regard to an employee in fire protection 
activities, a disease specified in paragraph (2) shall be pre-
sumed to be proximately caused by the employment of 
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such employee. The disability or death of an employee in 
fire protection activities due to such a disease shall be pre-
sumed to result from personal injury sustained while in 
the performance of such employee’s duty. Such presump-
tions may be rebutted by a preponderance of the evidence. 
‘‘(2) The diseases referred to in paragraph (1) are 
the following: 
‘‘(A) Heart disease. 
‘‘(B) Lung disease. 
‘‘(C) The following cancers: 
‘‘(i) Brain cancer. 
‘‘(ii) Cancer of the blood or lymphatic sys-
tems. 
‘‘(iii) Leukemia. 
‘‘(iv) Lymphoma (except Hodgkin’s dis-
ease). 
‘‘(v) Multiple myeloma. 
‘‘(vi) Bladder cancer. 
‘‘(vii) Kidney cancer. 
‘‘(viii) Prostate cancer. 
‘‘(ix) Testicular cancer. 
‘‘(x) Cancer of the digestive system. 
‘‘(xi) Colon cancer. 
‘‘(xii) Liver cancer. 
‘‘(xiii) Skin cancer. 
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‘‘(xiv) Breast cancer. 
‘‘(xv) Lung cancer. 
‘‘(D) The following infectious diseases: 
‘‘(i) Tuberculosis. 
‘‘(ii) Hepatitis A, B, or C. 
‘‘(iii) 
Human 
immunodeficiency 
virus 
(HIV). 
‘‘(iv) Diphtheria. 
‘‘(v) Hemorrhagic fever. 
‘‘(vi) Meningococcal disease. 
‘‘(vii) Rabies. 
‘‘(E) Any uncommon infectious disease the con-
traction of which the Secretary of Labor determines 
to be related to the hazards to which an employee 
in fire protection activities may be subject.’’. 
(c) EFFECTIVE DATE.—The amendment made by 
this section applies to an injury that is first diagnosed, 
or a death that occurs, on or after the date of enactment 
of this Act. 
Æ 
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