118 S930 RS: Honoring Our Fallen Heroes Act of 2023 U.S. Senate 2024-06-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IICalendar No. 415118th CONGRESS2d SessionS. 930IN THE SENATE OF THE UNITED STATESMarch 22, 2023Ms. 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 JudiciaryJune 5, 2024Reported by Mr. Durbin, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo 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.
1.
Short title
This Act may be cited as the Honoring Our Fallen Heroes Act of 2023.
2.
Cancer-related deaths
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:(a)
In general
(p)
Exposure-Related cancers
(1)
Definitions
In this subsection:(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. (B)
Director
The term Director means the Director of the Bureau.(C)
Exposure-related cancer
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)esophagus 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 other form of cancer that the Bureau may determine appropriate 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 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— (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;(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; (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 (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 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).(3)
Additional exposure-related cancers
(A)
In general
The Director shall—(i)periodically review the definition of exposure-related cancer under paragraph (1); and(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.(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.(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.(D)
Petitions to add to the list of exposure-related cancers
(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).(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.(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.(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..(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.
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 in which a public safety officer engages at the direction of the agency served by the public safety officer..(b)
Applicability
(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.(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).
1.
Short title
This Act may be cited as the Honoring Our Fallen Heroes Act of 2024.
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.
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.
June 5, 2024Reported with an amendment