,i #aacth ,,congress #ast ,session ,h4 ,r4 #cgah ,,in ,,the ,,house ,,of ,,representatives ,december #ab1 #bjac,mrs4 ,capps 7for herself and ,mr4 ,meehan7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to amend chapter #ha of title #e1 ,united ,states ,code1 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 duty4 #a4 ,short title ,this ,act may be cited as the ,federal ,firefighters ,fairness ,act of #bjac4 #b4 ,certain diseases presumed to be work-related cause of disability or death for ,federal employees in fire protection activities 7a7 ,definition ,section #haja of title #e1 ,united ,states ,code1 is amended by striking and at the end of paragraph 7#ai71 by striking the period at the end of paragraph 7#bj7 and inserting 2 and1 and by adding at the end the following3 7#ba7 employee in fire protection activities means a firefighter1 paramedic1 emergency medical technician1 rescue worker1 ambulance personnel1 or hazardous material worker1 who-- 7,a7 is trained in fire suppression2 7,b7 has the legal authority and responsibility to engage in fire suppression2 7,c7 is engaged in the prevention1 control1 and extinguishment of fires or response to emergency situations where life1 property1 or the environment is at risk2 and 7,d7 performs such activities as a primary responsibility of his or her job4 4 7b7 ,presumption relating to employees in fire protection activities ,section #hajb of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 7#a7 ,with regard to an employee in fire protection activities1 a disease specified in paragraph 7#c7 shall be presumed to be proximately caused by the employment of such employee1 subject to the length of service requirements specified4 ,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 duty4 ,such presumptions may be rebutted by a preponderance of the evidence4 7#b7 ,such presumptions apply only if the employee in fire protection activities is diagnosed with the disease for which presumption is sought within #aj years of the last active date of employment as an employee in fire protection activities4 7#c7 ,the following diseases shall be presumed to be proximately caused by the employment of the employee in fire protection activities3 7,a7 ,if the employee has been employed for a minimum of #e years in aggregate as an employee in fire protection activities3 7i7 ,heart disease4 7ii7 ,lung disease4 7iii7 ,the following cancers3 7,i7 ,brain cancer4 7,,ii7 ,cancer of the blood or lymphatic systems4 7,,iii7 ,leukemia4 7,,iv7 ,lymphoma 7except ,hodgkin's disease74 7,v7 ,multiple myeloma4 7,,vi7 ,bladder cancer4 7,,vii7 ,kidney cancer4 7,,viii7 ,testicular cancer4 7,,ix7 ,cancer of the digestive system4 7,x7 ,colon cancer4 7,,xi7 ,liver cancer4 7,,xii7 ,skin cancer4 7,,xiii7 ,lung cancer4 7iv7 ,any other cancer 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 subject4 7,b7 ,regardless of the length of time an employee in fire protection activities has been employed1 any uncommon infectious disease1 including but not limited to tuberculosis1 hepatitis ,a1 ,b1 or ,c1 the human immunodeficiency virus 7,,hiv71 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 subject4 4 7c7 ,report ,not later than #e years after the date of enactment of this ,act1 the ,national ,institute of ,occupational ,safety and ,health in the ,centers for ,disease ,control and ,prevention shall examine the implementation of this ,act and appropriate scientific and medical data related to the health risks associated with firefighting and submit to ,congress a report which shall include-- 7#a7 an analysis of the injury claims made under this ,act2 7#b7 an analysis of the available research related to the health risks associated with firefighting2 and 7#c7 recommendations for any administrative or legislative actions necessary to ensure that those diseases most associated with firefighting are included in the presumption created by this ,act4 7d7 ,effective date ,the amendment made by this section applies to an injury that is first diagnosed or a death that occurs1 on or after the date of enactment of this ,act4