,,ii #aafth ,,congress #ast ,session ,s4 #aidb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjai,mr4 ,carper 7for himself1 ,ms4 ,collins1 ,mr4 ,schatz1 ,mr4 ,king1 ,mr4 ,brown1 ,mr4 ,coons1 ,mr4 ,bennet1 ,ms4 ,rosen1 ,mr4 ,tester1 and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,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 the duty of the employee1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,firefighters ,fairness ,act of #bjai4 #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-- 7#a7 in paragraph 7#ah71 by striking and at the end2 7#b7 in paragraph 7#ai71 by striking and at the end2 7#c7 in paragraph 7#bj71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7#ba7 employee in fire protection activities means an employee-- 7,a7 serving as a firefighter1 a paramedic1 an emergency medical technician1 a rescue worker1 ambulance personnel1 or a hazardous material worker2 and 7,b7 who-- 7i7 is trained in fire suppression2 7ii7 has the legal authority and responsibility to engage in fire suppression2 7iii7 is engaged in the prevention1 control1 and extinguishment of fires or response to emergency situations in which life1 property1 or the environment is at risk2 and 7iv7 performs such activities as a primary responsibility of the duty of the employee4 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 ,subject to paragraph 7#b71 and any length of service limitation under paragraph 7#c71 with respect to an employee in fire protection activities-- 7,a7 a disease described in paragraph 7#c7 shall be presumed to be proximately caused by the employment of the employee2 and 7,b7 the disability or death of the employee due to a disease described in paragraph 7#c7 shall be presumed to result from personal injury sustained while in the performance of the duty of the employee4 7#b7 ,with respect to any presumption described in paragraph 7#a7-- 7,a7 the presumption shall apply with respect to an employee in fire protection activities only if the employee is diagnosed with the disease with respect to which the presumption is sought not later than #aj years after the last day on which the employee is an active employee in fire protection activities2 and 7,b7 the presumption may be rebutted by a preponderance of the evidence4 7#c7 ,the following diseases shall be presumed to be proximately caused by the employment of an employee in fire protection activities3 7,a7 ,if the employee has been employed for not less than #e years in the 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 7,,xiv7 ,breast cancer4 7iv7 ,any other cancer1 the contraction of which the ,secretary of ,labor1 by rule1 determines to be related to the hazards to which an employee in fire protection activities may be subject4 7,b7 ,without regard to the length of time that an employee in fire protection activities has been employed1 any uncommon infectious disease1 including-- 7i7 tuberculosis2 7ii7 hepatitis ,a1 ,b1 or ,c2 7iii7 the human immunodeficiency virus 7commonly known as ,,hiv72 and 7iv7 any other uncommon infectious disease1 the contraction of which the ,secretary of ,labor1 by rule1 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 ,director of the ,national ,institute for ,occupational ,safety and ,health shall-- 7#a7 examine the implementation of this ,act1 and the amendments made by this ,act1 and appropriate scientific and medical data relating to the health risks associated with firefighting2 and 7#b7 submit to ,congress a report1 which shall include-- 7,a7 an analysis of the claims for compensation made under the amendments made by this ,act2 7,b7 an analysis of the available research relating 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 presumptions under subsection 7c7 of section #hajb of title #e1 ,united ,states ,code1 as added by subsection 7b7 of this section4 7d7 ,application ,the amendments made by this section shall apply to a disability or death that occurs on or after the date of enactment of this ,act4