What This Bill Does
This bill changes federal law to help public safety officers who get cancer from job-related exposure to dangerous chemicals or radiation. The bill creates a system that automatically presumes (assumes) certain cancers came from work, making it easier for officers or their families to receive federal benefits. The bill also allows the government to add more cancer types to the list if medical evidence shows they pose a significant risk to public safety officers.
##
Who It Affects
Public safety officers (police, firefighters, and similar workers) who develop exposure-related cancers or their families and survivors.
##
Key Provisions
- The government will presume that 22 specific types of cancer (including lung cancer, mesothelioma and leukemia) came from job exposure if the officer was exposed to heat, radiation or cancer-causing chemicals while working (Sec. 2(a)(1), Section 1201(p)(2)(A))
- Benefits apply to officers who served at least 5 years before their cancer diagnosis and were diagnosed within 15 years of leaving active service (Sec. 2(a)(1), Section 1201(p)(2)(A))
- The benefits apply to claims for officers who died or became permanently disabled on or after January 1, 2020 (Sec. 2(a)(2))
- Anyone can petition the government to add new cancer types to the protected list if they provide medical evidence showing significant risk to public safety officers (Sec. 2(a)(1), Section 1201(p)(3)(C))
- The government must review the cancer list at least every 3 years and can update it through official rules or website notices (Sec. 2(a)(1), Section 1201(p)(3)(A))
- People have 3 years from when this law passes to file claims based on these new rules (Sec. 2(a)(3))
##
What Changes
Federal law will now treat exposure-related cancers as job injuries for public safety officers without requiring them to prove the cancer came from work. Previously, officers had to show the direct connection themselves. The government must periodically review and can expand the list of covered cancers. The law also clarifies what counts as a "line of duty action" to include actions officers are directed to perform or authorized to perform by their agency.
##
Important Definitions
**Carcinogen:** An agent classified as cancer-causing by the International Agency for Research on Cancer that is linked to an exposure-related cancer (Sec. 2(a)(1))
**Exposure-related cancer:** 22 specific cancer types listed in the bill including bladder, brain, breast, cervical, colon, colorectal, esophageal, kidney, lung, melanoma, mesothelioma, multiple myeloma, non-Hodgkins lymphoma, ovarian, prostate, skin, stomach, testicular and thyroid cancers, plus any World Trade Center-related health conditions, plus any other cancers the government adds to the list (Sec. 2(a)(1))
**Line of duty action:** Any action a public safety officer engages in at the direction of their agency or that they are authorized or obligated to perform (Sec. 3(a))
##
Effective Date
The main cancer benefits provisions apply to any claim where an officer died on or after January 1, 2020 or filed a disability claim on or after January 1, 2020 (Sec. 2(a)(2)). People have until 3 years after this law is enacted to file claims (Sec. 2(a)(3)).
II
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. WHITE-
HOUSE, 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 Representa-
1
tives of the United States of America in Congress assembled,
2
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•S 930 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Honoring Our Fallen
2
Heroes Act of 2023’’.
3
SEC. 2. CANCER-RELATED DEATHS.
4
Section 1201 of title I of the Omnibus Crime Control
5
and Safe Streets Act of 1968 (34 U.S.C. 10281) is amend-
6
ed by adding at the end the following:
7
(a) IN GENERAL.—
8
‘‘(p) EXPOSURE-RELATED CANCERS.—
9
‘‘(1) DEFINITIONS.—In this subsection:
10
‘‘(A) CARCINOGEN.—The term ‘carcinogen’
11
means a known or suspected carcinogen, as de-
12
fined by the International Agency for Research
13
on Cancer, that is reasonably linked to an expo-
14
sure-related cancer.
15
‘‘(B)
DIRECTOR.—The
term
‘Director’
16
means the Director of the Bureau.
17
‘‘(C) EXPOSURE-RELATED
CANCER.—The
18
term ‘exposure-related cancer’ means—
19
‘‘(i) bladder cancer;
20
‘‘(ii) brain cancer;
21
‘‘(iii) breast cancer;
22
‘‘(iv) cervical cancer;
23
‘‘(v) colon cancer;
24
‘‘(vi) colorectal cancer;
25
‘‘(vii) esophagus cancer;
26
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‘‘(viii) kidney cancer;
1
‘‘(ix) leukemia;
2
‘‘(x) lung cancer;
3
‘‘(xi) malignant melanoma;
4
‘‘(xii) mesothelioma;
5
‘‘(xiii) multiple myeloma;
6
‘‘(xiv) non-Hodgkins lymphoma;
7
‘‘(xv) ovarian cancer;
8
‘‘(xvi) prostate cancer;
9
‘‘(xvii) skin cancer;
10
‘‘(xviii) stomach cancer;
11
‘‘(xix) testicular cancer;
12
‘‘(xx) thyroid cancer;
13
‘‘(xxi) any form of cancer that is con-
14
sidered a WTC-related health condition
15
under section 3312(a) of the Public Health
16
Service Act (42 U.S.C. 300mm–22(a));
17
and
18
‘‘(xxii) any other form of cancer that
19
the Bureau may determine appropriate in
20
accordance with paragraph (3).
21
‘‘(2) PERSONAL
INJURY
SUSTAINED
IN
THE
22
LINE OF DUTY.—
23
‘‘(A) IN
GENERAL.—Subject to subpara-
24
graph (B), as determined by the Bureau, the
25
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death or permanent and total disability of a
1
public safety officer due to an exposure-related
2
cancer shall be presumed to constitute a per-
3
sonal injury within the meaning of subsection
4
(a), sustained in the line of duty by the officer
5
and directly and proximately resulting in death
6
or permanent and total disability, if—
7
‘‘(i) the public safety officer was ex-
8
posed to or in contact with heat, radiation,
9
or a carcinogen that is linked to an expo-
10
sure-related cancer while in the course of
11
the line of duty;
12
‘‘(ii) the public safety officer began
13
serving as a public safety officer not later
14
than 5 years before the date of the diag-
15
nosis of the public safety officer with an
16
exposure-related cancer;
17
‘‘(iii) the public safety officer was di-
18
agnosed with an exposure-related cancer
19
not later than 15 years after the last date
20
of active service as a public safety officer
21
of the public safety officer; and
22
‘‘(iv) the exposure-related cancer di-
23
rectly and proximately results in the death
24
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or permanent and total disability of the
1
public safety officer.
2
‘‘(B)
EXCEPTION.—The
presumption
3
under subparagraph (A) shall not apply to the
4
death or permanent and total disability of a
5
public safety officer due to an exposure-related
6
cancer if competent medical evidence establishes
7
that the exposure-related cancer was unrelated
8
to the exposure or contact described in subpara-
9
graph (A)(i).
10
‘‘(3)
ADDITIONAL
EXPOSURE-RELATED
CAN-
11
CERS.—
12
‘‘(A) IN GENERAL.—The Director shall—
13
‘‘(i) periodically review the definition
14
of ‘exposure-related cancer’ under para-
15
graph (1); and
16
‘‘(ii) add a type of exposure-related
17
cancer to the definition by rule, upon a
18
showing by a petitioner or on the Direc-
19
tor’s
own
determination,
in
accordance
20
with this paragraph.
21
‘‘(B) BASIS
FOR
DETERMINATION.—The
22
Director shall add a type of exposure-related
23
cancer to the definition of ‘exposure-related
24
cancer’ under paragraph (1) upon a showing by
25
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a petitioner or the Director’s own determina-
1
tion, based on the weight of the best available
2
scientific evidence, that there is a significant
3
risk to public safety officers engaged in public
4
safety activities of developing the type of expo-
5
sure-related cancer.
6
‘‘(C) AVAILABLE
EXPERTISE.—In deter-
7
mining significant risk for the purpose of sub-
8
paragraph (B), the Director may accept as au-
9
thoritative and may rely upon recommenda-
10
tions, risk assessments, and scientific studies by
11
the National Institute for Occupational Safety
12
and Health, the National Toxicology Program,
13
the National Academies of Sciences, Engineer-
14
ing, and Medicine, and the International Agen-
15
cy for Research on Cancer.
16
‘‘(D) PETITIONS TO ADD TO THE LIST OF
17
EXPOSURE-RELATED CANCERS.—
18
‘‘(i) IN GENERAL.—Any person may
19
petition the Director to add a type of expo-
20
sure-related cancer to the definition of ‘ex-
21
posure-related
cancer’
under
paragraph
22
(1).
23
‘‘(ii) CONTENT OF PETITION.—A peti-
24
tion under clause (i) shall provide informa-
25
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•S 930 RS
tion to show that there is sufficient evi-
1
dence, based on the weight of the best
2
available scientific evidence, of significant
3
risk to public safety officers engaged in
4
public safety activities of developing such
5
exposure-related cancer from their employ-
6
ment.
7
‘‘(iii) TIMELY AND SUBSTANTIVE DE-
8
CISIONS.—Not later than 180 days after
9
receipt of a petition under this subpara-
10
graph, the Director shall grant or deny the
11
petition by publishing in the Federal Reg-
12
ister a written explanation of the reasons
13
for the Director’s decision. The Director
14
may not deny a petition solely on the basis
15
of
competing
priorities,
inadequate
re-
16
sources, or insufficient time for review.
17
‘‘(iv) NOTIFICATION TO CONGRESS.—
18
Not later than 30 days after making any
19
decision to approve or deny a petition
20
under
this
subparagraph,
the
Director
21
shall notify the Committee on the Judici-
22
ary of the Senate and the Committee on
23
the Judiciary of the House of Representa-
24
tives of the decision.’’.
25
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(b) APPLICABILITY.—The amendment made by sub-
1
section (a) shall apply in the case of any public safety offi-
2
cer who died or became permanently and totally disabled
3
on or after January 1, 2023, as a result of an exposure-
4
related cancer.
5
SEC. 3. TECHNICAL AMENDMENTS.
6
(a) IN GENERAL.—Section 3 of the Safeguarding
7
America’s First Responders Act of 2020 (34 U.S.C.
8
10281 note) is amended by adding at the end the fol-
9
lowing:
10
‘‘(d) DEFINITION.—In this section, the term ‘line of
11
duty action’ includes any action in which a public safety
12
officer engages at the direction of the agency served by
13
the public safety officer.’’.
14
(b) APPLICABILITY.—
15
(1) IN
GENERAL.—The amendment made by
16
subsection (a) shall apply in the case of any public
17
safety officer who died on or after January 1, 2020.
18
(2)
TIME
FOR
FILING
CLAIM.—Section
19
32.12(a)(1) of title 28, Code of Federal Regulations,
20
shall not apply to a claimant who otherwise qualifies
21
for support pursuant to the amendment made by
22
subsection (a).
23
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•S 930 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Honoring Our Fallen
2
Heroes Act of 2024’’.
3
SEC. 2. HONORING OUR FALLEN HEROES.
4
(a) CANCER-RELATED DEATHS AND DISABILITIES.—
5
(1) IN GENERAL.—Section 1201 of title I of the
6
Omnibus Crime Control and Safe Streets Act of 1968
7
(34 U.S.C. 10281) is amended by adding at the end
8
the following:
9
‘‘(p) EXPOSURE-RELATED CANCERS.—
10
‘‘(1) DEFINITIONS.—In this subsection:
11
‘‘(A) CARCINOGEN.—The term ‘carcinogen’
12
means an agent that is—
13
‘‘(i) classified by the International
14
Agency for Research on Cancer under
15
Group 1 or Group 2A; and
16
‘‘(ii) reasonably linked to an exposure-
17
related cancer.
18
‘‘(B)
DIRECTOR.—The
term
‘Director’
19
means the Director of the Bureau.
20
‘‘(C) EXPOSURE-RELATED CANCER.—As up-
21
dated from time to time in accordance with
22
paragraph (3), the term ‘exposure-related cancer’
23
means—
24
‘‘(i) bladder cancer;
25
‘‘(ii) brain cancer;
26
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‘‘(iii) breast cancer;
1
‘‘(iv) cervical cancer;
2
‘‘(v) colon cancer;
3
‘‘(vi) colorectal cancer;
4
‘‘(vii) esophageal cancer;
5
‘‘(viii) kidney cancer;
6
‘‘(ix) leukemia;
7
‘‘(x) lung cancer;
8
‘‘(xi) malignant melanoma;
9
‘‘(xii) mesothelioma;
10
‘‘(xiii) multiple myeloma;
11
‘‘(xiv) non-Hodgkins lymphoma;
12
‘‘(xv) ovarian cancer;
13
‘‘(xvi) prostate cancer;
14
‘‘(xvii) skin cancer;
15
‘‘(xviii) stomach cancer;
16
‘‘(xix) testicular cancer;
17
‘‘(xx) thyroid cancer;
18
‘‘(xxi) any form of cancer that is con-
19
sidered a WTC-related health condition
20
under section 3312(a) of the Public Health
21
Service Act (42 U.S.C. 300mm–22(a)); and
22
‘‘(xxii) any form of cancer added to
23
this definition pursuant to an update in ac-
24
cordance with paragraph (3).
25
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‘‘(2) PERSONAL INJURY SUSTAINED IN THE LINE
1
OF DUTY.—
2
‘‘(A) IN
GENERAL.—Subject to subpara-
3
graph (B), as determined by the Bureau, the ex-
4
posure of a public safety officer to a carcinogen
5
shall be presumed to constitute a personal injury
6
within the meaning of subsection (a) or (b) sus-
7
tained in the line of duty by the officer and di-
8
rectly and proximately resulting in death or per-
9
manent and total disability, if—
10
‘‘(i) the exposure occurred while the
11
public safety officer was engaged in line of
12
duty action or activity;
13
‘‘(ii) the public safety officer began
14
serving as a public safety officer not fewer
15
than 5 years before the date of the diagnosis
16
of the public safety officer with an exposure-
17
related cancer;
18
‘‘(iii) the public safety officer was di-
19
agnosed with the exposure-related cancer not
20
more than 15 years after the public safety
21
officer’s last date of active service as a pub-
22
lic safety officer; and
23
‘‘(iv) the exposure-related cancer di-
24
rectly and proximately results in the death
25
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or permanent and total disability of the
1
public safety officer.
2
‘‘(B) EXCEPTION.—The presumption under
3
subparagraph (A) shall not apply if competent
4
medical evidence establishes that the exposure of
5
the public safety officer to the carcinogen was
6
not a substantial contributing factor in the death
7
or disability of the public safety officer.
8
‘‘(3)
ADDITIONAL
EXPOSURE-RELATED
CAN-
9
CERS.—
10
‘‘(A) IN GENERAL.—From time to time but
11
not less frequently than once every 3 years, the
12
Director shall—
13
‘‘(i) review the definition of ‘exposure-
14
related cancer’ under paragraph (1); and
15
‘‘(ii) if appropriate, update the defini-
16
tion, in accordance with this paragraph—
17
‘‘(I) by rule; or
18
‘‘(II) by publication in the Fed-
19
eral Register or on the public website
20
of the Bureau.
21
‘‘(B) BASIS FOR UPDATES.—
22
‘‘(i) IN GENERAL.—The Director shall
23
make
an
update
under
subparagraph
24
(A)(ii) in any case in which the Director
25
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finds such an update to be appropriate
1
based on competent medical evidence of sig-
2
nificant risk to public safety officers of de-
3
veloping the form of exposure-related cancer
4
that is the subject of the update from en-
5
gagement in their public safety activities.
6
‘‘(ii) EVIDENCE.—The competent med-
7
ical evidence described in clause (i) may in-
8
clude recommendations, risk assessments,
9
and scientific studies by—
10
‘‘(I) the National Institute for Oc-
11
cupational Safety and Health;
12
‘‘(II) the National Toxicology Pro-
13
gram;
14
‘‘(III) the National Academies of
15
Sciences, Engineering, and Medicine;
16
or
17
‘‘(IV) the International Agency
18
for Research on Cancer.
19
‘‘(C) PETITIONS TO ADD TO THE LIST OF
20
EXPOSURE-RELATED CANCERS.—
21
‘‘(i) IN
GENERAL.—Any person may
22
petition the Director to add a form of can-
23
cer to the definition of ‘exposure-related
24
cancer’ under paragraph (1).
25
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[Text truncated for display. Full text available on Congress.gov.]