[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4745-S4746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2423. Ms. KLOBUCHAR (for herself and Mr. Cramer) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. 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.
[[Page S4746]]
``(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.
(d) Technical Amendments to Safeguarding American's First
Responders Act of 2020.--
(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--
``(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.''.
(2) Applicability.--
(A) In general.--The amendment made by paragraph (1) shall
apply to any claim under section 3 of the Safeguarding
America's First Responders Act of 2020 (34 U.S.C. 10281
note)--
(i) that is predicated upon the death of a public safety
officer on or after January 1, 2020; or
(ii) that is--
(I) predicated upon the disability of a public safety
officer; and
(II) filed on or after January 1, 2020.
(B) 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.
______