I 
116TH CONGRESS 
1ST SESSION H. R. 1174 
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, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2019 
Mr. CARBAJAL (for himself, Mr. BACON, Ms. STEFANIK, and Mr. TAKANO) 
introduced the following bill; which was referred to the Committee on 
Education and Labor 
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, and for other purposes. 
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 2019’’. 
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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— 
(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 activi-
ties’ 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 re-
sponsibility to engage in fire suppression; 
‘‘(C) is engaged in the prevention, 
control, and extinguishment of fires or re-
sponse to emergency situations where life, 
property, or the environment is at risk; 
and 
‘‘(D) performs such activities as a pri-
mary responsibility of his or her job.’’. 
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(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 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: 
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‘‘(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. 
‘‘(XIV) Breast 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. 
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‘‘(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, 
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 sub-
ject.’’. 
(c) REPORT.—Not later than 5 years after the date 
of enactment of this Act, the National Institute of Occupa-
tional Safety and Health in the Centers for Disease Con-
trol and Prevention shall examine the implementation of 
this Act and appropriate scientific and medical data re-
lated to the health risks associated with firefighting and 
submit to Congress a report which shall include— 
(1) an analysis of the injury claims made under 
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 those dis-
eases most associated with firefighting are included 
in the presumption created by this Act. 
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(d) APPLICATION.—The amendments made by this 
section shall apply to a covered disability or death that 
occurs on or after the date of the enactment of this Act. 
Æ 
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