[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