[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.
                                 ______