[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 930 Reported in Senate (RS)]
<DOC>
Calendar No. 415
118th CONGRESS
2d Session
S. 930
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
provide public safety officer benefits for exposure-related cancers,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Ms. Klobuchar (for herself, Mr. Cramer, Ms. Duckworth, Mr. Barrasso,
Mr. Welch, Mrs. Fischer, Mrs. Shaheen, Mr. Rubio, Mr. Whitehouse, Mr.
Cruz, Mr. Durbin, Mr. Ossoff, Mr. Coons, Mr. Blumenthal, Ms. Hirono,
Mr. Booker, Mr. Padilla, Ms. Butler, Mr. Graham, Mr. Cornyn, Mr.
Hawley, Mr. Cotton, Mr. Tillis, and Mrs. Blackburn) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
June 5, 2024
Reported by Mr. Durbin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
provide public safety officer benefits for exposure-related cancers,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Honoring Our Fallen Heroes
Act of 2023''.</DELETED>
<DELETED>SEC. 2. CANCER-RELATED DEATHS.</DELETED>
<DELETED> Section 1201 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10281) is amended by adding at the
end the following:</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> ``(p) Exposure-Related Cancers.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Carcinogen.--The term `carcinogen'
means a known or suspected carcinogen, as defined by
the International Agency for Research on Cancer, that
is reasonably linked to an exposure-related
cancer.</DELETED>
<DELETED> ``(B) Director.--The term `Director' means
the Director of the Bureau.</DELETED>
<DELETED> ``(C) Exposure-related cancer.--The term
`exposure-related cancer' means--</DELETED>
<DELETED> ``(i) bladder cancer;</DELETED>
<DELETED> ``(ii) brain cancer;</DELETED>
<DELETED> ``(iii) breast cancer;</DELETED>
<DELETED> ``(iv) cervical cancer;</DELETED>
<DELETED> ``(v) colon cancer;</DELETED>
<DELETED> ``(vi) colorectal
cancer;</DELETED>
<DELETED> ``(vii) esophagus
cancer;</DELETED>
<DELETED> ``(viii) kidney cancer;</DELETED>
<DELETED> ``(ix) leukemia;</DELETED>
<DELETED> ``(x) lung cancer;</DELETED>
<DELETED> ``(xi) malignant
melanoma;</DELETED>
<DELETED> ``(xii) mesothelioma;</DELETED>
<DELETED> ``(xiii) multiple
myeloma;</DELETED>
<DELETED> ``(xiv) non-Hodgkins
lymphoma;</DELETED>
<DELETED> ``(xv) ovarian cancer;</DELETED>
<DELETED> ``(xvi) prostate cancer;</DELETED>
<DELETED> ``(xvii) skin cancer;</DELETED>
<DELETED> ``(xviii) stomach
cancer;</DELETED>
<DELETED> ``(xix) testicular
cancer;</DELETED>
<DELETED> ``(xx) thyroid cancer;</DELETED>
<DELETED> ``(xxi) any form of cancer that is
considered a WTC-related health condition under
section 3312(a) of the Public Health Service
Act (42 U.S.C. 300mm-22(a)); and</DELETED>
<DELETED> ``(xxii) any other form of cancer
that the Bureau may determine appropriate in
accordance with paragraph (3).</DELETED>
<DELETED> ``(2) Personal injury sustained in the line of
duty.--</DELETED>
<DELETED> ``(A) In general.--Subject to subparagraph
(B), as determined by the Bureau, the death or
permanent and total disability of a public safety
officer due to an exposure-related cancer shall be
presumed to constitute a personal injury within the
meaning of subsection (a), sustained in the line of
duty by the officer and directly and proximately
resulting in death or permanent and total disability,
if--</DELETED>
<DELETED> ``(i) the public safety officer
was exposed to or in contact with heat,
radiation, or a carcinogen that is linked to an
exposure-related cancer while in the course of
the line of duty;</DELETED>
<DELETED> ``(ii) the public safety officer
began serving as a public safety officer not
later than 5 years before the date of the
diagnosis of the public safety officer with an
exposure-related cancer;</DELETED>
<DELETED> ``(iii) the public safety officer
was diagnosed with an exposure-related cancer
not later than 15 years after the last date of
active service as a public safety officer of
the public safety officer; and</DELETED>
<DELETED> ``(iv) the exposure-related cancer
directly and proximately results in the death
or permanent and total disability of the public
safety officer.</DELETED>
<DELETED> ``(B) Exception.--The presumption under
subparagraph (A) shall not apply to the death or
permanent and total disability of a public safety
officer due to an exposure-related cancer if competent
medical evidence establishes that the exposure-related
cancer was unrelated to the exposure or contact
described in subparagraph (A)(i).</DELETED>
<DELETED> ``(3) Additional exposure-related cancers.--
</DELETED>
<DELETED> ``(A) In general.--The Director shall--
</DELETED>
<DELETED> ``(i) periodically review the
definition of `exposure-related cancer' under
paragraph (1); and</DELETED>
<DELETED> ``(ii) add a type of exposure-
related cancer to the definition by rule, upon
a showing by a petitioner or on the Director's
own determination, in accordance with this
paragraph.</DELETED>
<DELETED> ``(B) Basis for determination.--The
Director shall add a type of exposure-related cancer to
the definition of `exposure-related cancer' under
paragraph (1) upon a showing by a petitioner or the
Director's own determination, based on the weight of
the best available scientific evidence, that there is a
significant risk to public safety officers engaged in
public safety activities of developing the type of
exposure-related cancer.</DELETED>
<DELETED> ``(C) Available expertise.--In determining
significant risk for the purpose of subparagraph (B),
the Director may accept as authoritative and may rely
upon recommendations, risk assessments, and scientific
studies by the National Institute for Occupational
Safety and Health, the National Toxicology Program, the
National Academies of Sciences, Engineering, and
Medicine, and the International Agency for Research on
Cancer.</DELETED>
<DELETED> ``(D) Petitions to add to the list of
exposure-related cancers.--</DELETED>
<DELETED> ``(i) In general.--Any person may
petition the Director to add a type of
exposure-related cancer to the definition of
`exposure-related cancer' under paragraph
(1).</DELETED>
<DELETED> ``(ii) Content of petition.--A
petition under clause (i) shall provide
information to show that there is sufficient
evidence, based on the weight of the best
available scientific evidence, of significant
risk to public safety officers engaged in
public safety activities of developing such
exposure-related cancer from their
employment.</DELETED>
<DELETED> ``(iii) Timely and substantive
decisions.--Not later than 180 days after
receipt of a petition under this subparagraph,
the Director shall grant or deny the petition
by publishing in the Federal Register a written
explanation of the reasons for the Director's
decision. The Director may not deny a petition
solely on the basis of competing priorities,
inadequate resources, or insufficient time for
review.</DELETED>
<DELETED> ``(iv) Notification to congress.--
Not later than 30 days after making any
decision to approve or deny a petition under
this subparagraph, the Director shall notify
the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House
of Representatives of the
decision.''.</DELETED>
<DELETED> (b) Applicability.--The amendment made by subsection (a)
shall apply in the case of any public safety officer who died or became
permanently and totally disabled on or after January 1, 2023, as a
result of an exposure-related cancer.</DELETED>
<DELETED>SEC. 3. TECHNICAL AMENDMENTS.</DELETED>
<DELETED> (a) In General.--Section 3 of the Safeguarding America's
First Responders Act of 2020 (34 U.S.C. 10281 note) is amended by
adding at the end the following:</DELETED>
<DELETED> ``(d) Definition.--In this section, the term `line of duty
action' includes any action in which a public safety officer engages at
the direction of the agency served by the public safety
officer.''.</DELETED>
<DELETED> (b) Applicability.--</DELETED>
<DELETED> (1) In general.--The amendment made by subsection
(a) shall apply in the case of any public safety officer who
died on or after January 1, 2020.</DELETED>
<DELETED> (2) Time for filing claim.--Section 32.12(a)(1) of
title 28, Code of Federal Regulations, shall not apply to a
claimant who otherwise qualifies for support pursuant to the
amendment made by subsection (a).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honoring Our Fallen Heroes Act of
2024''.
SEC. 2. HONORING OUR FALLEN HEROES.
(a) Cancer-related Deaths and Disabilities.--
(1) In general.--Section 1201 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281) is
amended by adding at the end the following:
``(p) Exposure-related Cancers.--
``(1) Definitions.--In this subsection:
``(A) Carcinogen.--The term `carcinogen' means an
agent that is--
``(i) classified by the International
Agency for Research on Cancer under Group 1 or
Group 2A; and
``(ii) reasonably linked to an exposure-
related cancer.
``(B) Director.--The term `Director' means the
Director of the Bureau.
``(C) Exposure-related cancer.--As updated from
time to time in accordance with paragraph (3), the term
`exposure-related cancer' means--
``(i) bladder cancer;
``(ii) brain cancer;
``(iii) breast cancer;
``(iv) cervical cancer;
``(v) colon cancer;
``(vi) colorectal cancer;
``(vii) esophageal cancer;
``(viii) kidney cancer;
``(ix) leukemia;
``(x) lung cancer;
``(xi) malignant melanoma;
``(xii) mesothelioma;
``(xiii) multiple myeloma;
``(xiv) non-Hodgkins lymphoma;
``(xv) ovarian cancer;
``(xvi) prostate cancer;
``(xvii) skin cancer;
``(xviii) stomach cancer;
``(xix) testicular cancer;
``(xx) thyroid cancer;
``(xxi) any form of cancer that is
considered a WTC-related health condition under
section 3312(a) of the Public Health Service
Act (42 U.S.C. 300mm-22(a)); and
``(xxii) any form of cancer added to this
definition pursuant to an update in accordance
with paragraph (3).
``(2) Personal injury sustained in the line of duty.--
``(A) In general.--Subject to subparagraph (B), as
determined by the Bureau, the exposure of a public
safety officer to a carcinogen shall be presumed to
constitute a personal injury within the meaning of
subsection (a) or (b) sustained in the line of duty by
the officer and directly and proximately resulting in
death or permanent and total disability, if--
``(i) the exposure occurred while the
public safety officer was engaged in line of
duty action or activity;
``(ii) the public safety officer began
serving as a public safety officer not fewer
than 5 years before the date of the diagnosis
of the public safety officer with an exposure-
related cancer;
``(iii) the public safety officer was
diagnosed with the exposure-related cancer not
more than 15 years after the public safety
officer's last date of active service as a
public safety officer; and
``(iv) the exposure-related cancer directly
and proximately results in the death or
permanent and total disability of the public
safety officer.
``(B) Exception.--The presumption under
subparagraph (A) shall not apply if competent medical
evidence establishes that the exposure of the public
safety officer to the carcinogen was not a substantial
contributing factor in the death or disability of the
public safety officer.
``(3) Additional exposure-related cancers.--
``(A) In general.--From time to time but not less
frequently than once every 3 years, the Director
shall--
``(i) review the definition of `exposure-
related cancer' under paragraph (1); and
``(ii) if appropriate, update the
definition, in accordance with this paragraph--
``(I) by rule; or
``(II) by publication in the
Federal Register or on the public
website of the Bureau.
``(B) Basis for updates.--
``(i) In general.--The Director shall make
an update under subparagraph (A)(ii) in any
case in which the Director finds such an update
to be appropriate based on competent medical
evidence of significant risk to public safety
officers of developing the form of exposure-
related cancer that is the subject of the
update from engagement in their public safety
activities.
``(ii) Evidence.--The competent medical
evidence described in clause (i) may include
recommendations, risk assessments, and
scientific studies by--
``(I) the National Institute for
Occupational Safety and Health;
``(II) the National Toxicology
Program;
``(III) the National Academies of
Sciences, Engineering, and Medicine; or
``(IV) the International Agency for
Research on Cancer.
``(C) Petitions to add to the list of exposure-
related cancers.--
``(i) In general.--Any person may petition
the Director to add a form of cancer to the
definition of `exposure-related cancer' under
paragraph (1).
``(ii) Content of petition.--A petition
under clause (i) shall provide information to
show that there is sufficient competent medical
evidence of significant risk to public safety
officers of developing the cancer from
engagement in their public safety activities.
``(iii) Timely and substantive decisions.--
``(I) Referral.--Not later than 180
days after receipt of a petition
satisfying clause (ii), the Director
shall refer the petition to appropriate
medical experts for review, analysis
(including risk assessment and
scientific study), and recommendation.
``(II) Consideration.--The Director
shall consider each recommendation
under subclause (I) and promptly take
appropriate action in connection with
the recommendation pursuant to
subparagraph (B).
``(iv) Notification to congress.--Not later
than 30 days after taking any substantive
action in connection with a recommendation
under clause (iii)(II), the Director shall
notify the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of
the House of Representatives of the substantive
action.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any claim under--
(A) section 1201(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C.
10281(a)) that is predicated upon the death of a public
safety officer on or after January 1, 2020, that is the
direct and proximate result of an exposure-related
cancer; or
(B) section 1201(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C.
10281(b)) that is filed on or after January 1, 2020,
and predicated upon a disability that is the direct and
proximate result of an exposure-related cancer.
(3) Time for filing claim.--Notwithstanding any other
provision of law, an individual who desires to file a claim
that is predicated upon the amendment made by paragraph (1)
shall not be precluded from filing such a claim within 3 years
of the date of enactment of this Act.
(b) Confidentiality of Information.--
(1) In general.--Section 812(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10231(a))
is amended--
(A) in the first sentence, by striking ``furnished
under this title by any person and identifiable to any
specific private person'' and inserting ``furnished
under any law to any component of the Office of Justice
Programs, or furnished otherwise under this title, by
any entity or person, including any information
identifiable to any specific private person,''; and
(B) in the second sentence, by striking ``person
furnishing such information'' and inserting ``entity or
person furnishing such information or to whom such
information pertains''.
(2) Effective date; applicability.--The amendments made by
paragraph (1) shall--
(A) shall take effect for all purposes as if
enacted on December 27, 1979; and
(B) apply to any matter pending, before the
Department of Justice or otherwise, as of the date of
enactment of this Act.
(c) Technical Amendments.--
(1) In general.--Section 1201(o)(2) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10281(o)(2)) is amended--
(A) in subparagraph (A), by inserting ``or (b)''
after ``subsection (a)'';
(B) in subparagraph (B), by inserting ``or (b)''
after ``subsection (a)''; and
(C) in subparagraph (C), by inserting ``or (b)''
after ``subsection (a)''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply to any matter pending before the Department of
Justice as of the date of enactment of this Act.
SEC. 3. TECHNICAL AMENDMENTS.
(a) In General.--Section 3 of the Safeguarding America's First
Responders Act of 2020 (34 U.S.C. 10281 note) is amended by adding at
the end the following:
``(d) Definition.--In this section, the term `line of duty action'
includes any action--
``(1) in which a public safety officer engaged at the
direction of the agency served by the public safety officer; or
``(2) the public safety officer is authorized or obligated
to perform.''.
(b) Applicability.--
(1) In general.--The amendment made by subsection (a) shall
apply to any claim under section 3 of the Safeguarding
America's First Responders Act of 2020 (34 U.S.C. 10281 note)--
(A) that is predicated upon the death of a public
safety officer on or after January 1, 2020; or
(B) that is--
(i) predicated upon the disability of a
public safety officer; and
(ii) filed on or after January 1, 2020.
(2) Time for filing claim.--Notwithstanding any other
provision of law, an individual who desires to file a claim
that is predicated upon the amendment made by subsection (a)
shall not be precluded from filing such a claim within 3 years
of the date of enactment of this Act.
Calendar No. 415
118th CONGRESS
2d Session
S. 930
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
provide public safety officer benefits for exposure-related cancers,
and for other purposes.
_______________________________________________________________________
June 5, 2024
Reported with an amendment