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.

June 9, 2005

Mr. DAYTON (for himself and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

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 Representatives 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-RELATED 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 following:

`(c)(1) In this subsection, 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 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.

`(2) In the case of an employee in fire protection activities who has a disease specified in paragraph (3), the employee's disease shall be presumed to be proximately caused by the employment of such employee. A 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 presumptions may be rebutted by a preponderance of the evidence.

`(3) 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 systems.

`(iii) Leukemia.

`(iv) Lymphoma (except Hodgkin's disease).

`(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.'.

(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.

END