[Congressional Record Volume 169, Number 63 (Monday, April 17, 2023)]
[Senate]
[Page S1139]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 82. Ms. KLOBUCHAR (for herself and Mr. Cramer) submitted an 
amendment intended to be proposed by her to the bill S. 870, to amend 
the Federal Fire Prevention and Control Act of 1974 to authorize 
appropriations for the United States Fire Administration and 
firefighter assistance grant programs; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PUBLIC SAFETY OFFICER BENEFITS FOR EXPOSURE-RELATED 
                   CANCERS.

       (a) Short Title.--This section may be cited as the 
     ``Honoring Our Fallen Heroes Act of 2023''.
       (b) Cancer-related Deaths.--
       (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 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.''.
       (2) Applicability.--The amendment made by paragraph (1) 
     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.
       (c) Technical Amendments.--
       (1) 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.''.
       (2) Applicability.--
       (A) In general.--The amendment made by paragraph (1) shall 
     apply in the case of any public safety officer who died on or 
     after January 1, 2020.
       (B) 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 paragraph (1).
                                 ______