I 
114TH CONGRESS 
1ST SESSION H. R. 1035 
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 activi-
ties caused by any of certain diseases is the result of the performance 
of such employee’s duty. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 24, 2015 
Mrs. CAPPS (for herself and Mr. MEEHAN) introduced the following bill; which 
was referred to the Committee on Education and the Workforce 
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. 
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 2015’’. 
VerDate Sep 11 2014 
20:31 Mar 03, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1035.IH
H1035
asabaliauskas on DSK5VPTVN1PROD with BILLS
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— 
(1) by striking ‘‘and’’ at the end of paragraph 
(19); 
(2) by striking the period at the end of para-
graph (20) and inserting ‘‘; and’’; and 
(3) 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 responsi-
bility 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 his or her job.’’. 
(b) PRESUMPTION RELATING
TO EMPLOYEES
IN 
FIRE PROTECTION ACTIVITIES.—Section 8102 of title 5, 
VerDate Sep 11 2014 
20:31 Mar 03, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1035.IH
H1035
asabaliauskas on DSK5VPTVN1PROD with BILLS
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 pre-
sumed to be proximately caused by the employment of 
such employee, subject to the length of service require-
ments 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 pre-
sumptions may be rebutted by a preponderance of the evi-
dence. 
‘‘(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 pro-
tection 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. 
VerDate Sep 11 2014 
20:31 Mar 03, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1035.IH
H1035
asabaliauskas on DSK5VPTVN1PROD with BILLS
‘‘(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 regula-
tions 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 em-
ployee in fire protection activities has been em-
ployed, any uncommon infectious disease, including 
but not limited to tuberculosis, hepatitis A, B, or C, 
VerDate Sep 11 2014 
20:31 Mar 03, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1035.IH
H1035
asabaliauskas on DSK5VPTVN1PROD with BILLS