I 
109TH CONGRESS 
1ST SESSION 
H. R. 697
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 9, 2005
Mrs. JO ANN DAVIS of Virginia (for herself and Mrs. CAPPS) introduced the 
following bill; which was referred to the Committee on Education and the 
Workforce 
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 2005’’.
SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RE-
LATED CAUSE OF DISABILITY OR DEATH FOR 
FEDERAL EMPLOYEES IN FIRE PROTECTION 
ACTIVITIES. 
(a) IN GENERAL.—Section 8102 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing 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 
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 specified in this paragraph 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. 
‘‘(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. 
‘‘(viii) Any uncommon infectious disease 
the contraction of which the Secretary of Labor 
determines to be related to the hazards to 
which an employee in fire protection activities 
may be subject.
‘‘(3) The term ‘employee in fire protection activities’ 
means an employee, including a firefighter, paramedic, 
emergency medical technician, rescue worker, ambulance 
personnel, or hazardous materials worker, who—
‘‘(A) is trained in fire suppression, has the legal 
authority and responsibility to engage in fire sup-
pression; and 
‘‘(B) is engaged in the prevention, control, and 
extinguishment of fires or response to emergency sit-
uations where life, property, or the environment is at 
risk.’’. 
(b) 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.
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