Federal Firefighters Fairness Act of 2017
This bill provides that: (1) heart disease, lung disease, and specified cancers of federal employees employed in fire protection activities for a minimum of 5 years shall be presumed to be proximately caused by such employment if an employee is diagnosed with any such disease within 10 years of the last active date of employment in fire protection activities; (2) the disability or death of such an employee due to any such disease shall be presumed to result from personal injury sustained while in the performance of duty; and (3) such presumptions may be rebutted by a preponderance of the evidence. These presumptions shall also apply to fire protection employees who contract any uncommon infectious disease, including but not limited to tuberculosis, hepatitis A, B, or C, or the human immunodeficiency virus (HIV), regardless of length of employment.
The bill defines an "employee in fire protection activities" as a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who: (1) is trained in fire suppression; (2) has the legal authority and responsibility to engage in fire suppression; (3) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) performs such activities as a primary responsibility.
The National Institute of Occupational Safety and Health in the Centers for Disease Control and Prevention must examine the implementation of this bill and appropriate scientific and medical data related to the health risks associated with firefighting.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1884 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1884
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 4, 2017
Mr. Carbajal (for himself and Mr. Takano) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
_______________________________________________________________________
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.
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
2017''.
SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RELATED 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 paragraph (20) and
inserting ``; and''; and
(3) by adding at the end the following:
``(21) `employee in fire protection activities' 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 responsibility to
engage in fire suppression;
``(C) is engaged in the prevention, control, and
extinguishment of fires or response to emergency
situations where life, property, or the environment is
at risk; and
``(D) performs such activities as a primary
responsibility of his or her job.''.
(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 presumed to be
proximately caused by the employment of such employee, subject to the
length of service requirements 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 presumptions may be rebutted
by a preponderance of the evidence.
``(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 protection 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:
``(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.
``(iv) 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 subject.
``(B) Regardless of the length of time an employee in fire
protection activities has been employed, 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 subject.''.
(c) Report.--Not later than 5 years after the date of enactment of
this Act, 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--
(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 diseases most associated
with firefighting are included in the presumption created by
this Act.
(d) 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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