S 930 — Honoring Our Fallen Heroes Act of 2024

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.

This Act may be cited as the ``Honoring Our Fallen Heroes Act of 2023''.2024''.

CANCER-RELATEDHONORING DEATHS.OUR FALLEN HEROES.

Section(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.

(a) In General.-- ``(p) Exposure-RelatedExposure-related Cancers.-- ``(1) Definitions.--In this subsection:

``(A) Carcinogen.--The term `carcinogen' means aan knownagent orthat suspectedis-- carcinogen,``(i) asclassified defined by the International Agency for Research on Cancer,Cancer thatunder isGroup reasonably1 linkedor toGroup an2A; exposure-related cancer.

and ``(ii) reasonably linked to an exposure- related cancer.

``(C) Exposure-related cancer.--Thecancer.--As termupdated `exposure-from relatedtime to time in accordance with paragraph (3), the term `exposure-related cancer' means-- ``(i) bladder cancer;

``(vii) esophagusesophageal cancer;

and ``(xxii) any other form of cancer thatadded theto Bureauthis maydefinition determinepursuant appropriateto 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 deathexposure or permanent and total disability of a public safety officer due to ana exposure-relatedcarcinogen cancer shall be presumed to constitute a personal injury within the meaning of subsection (a),(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 exposedengaged to or in contactline withof heat,duty radiation,action or aactivity; 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 laterfewer 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 anthe exposure-related cancer not latermore than 15 years after the public safety officer's last date of active service as a public safety officer of the public safety officer;

``(B) Exception.--The presumption under subparagraph (A) shall not apply toif thecompetent deathmedical orevidence permanentestablishes andthat totalthe disabilityexposure of athe public safety officer due to anthe exposure-relatedcarcinogen cancerwas ifnot competenta medicalsubstantial evidencecontributing establishesfactor thatin the exposure-relateddeath canceror wasdisability unrelatedof to the exposurepublic orsafety contactofficer. described in subparagraph (A)(i).

``(3) Additional exposure-related cancers.-- ``(A) In general.--Thegeneral.--From time to time but not less frequently than once every 3 years, the Director shall-- ``(i) periodically review the definition of `exposure-related`exposure- related cancer' under paragraph (1);

and ``(ii) addif aappropriate, typeupdate of exposure-related cancer to the definitiondefinition, by rule, upon a showing by a petitioner or on the Director's own determination, in accordance with this paragraph.paragraph-- ``(I) by rule;

``(B)or Basis``(II) forby determination.--Thepublication Directorin shall add a type of exposure-related cancer to the definitionFederal ofRegister `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 safetywebsite officers engaged in public safety activities of developing the typeBureau. of exposure-related cancer.

``(C)``(B) AvailableBasis expertise.--Infor determiningupdates.-- significant``(i) riskIn forgeneral.--The theDirector purposeshall ofmake subparagraphan (B),update theunder Directorsubparagraph may(A)(ii) acceptin asany authoritativecase andin maywhich relythe uponDirector recommendations,finds risksuch assessments,an andupdate scientificto studiesbe byappropriate thebased Nationalon Institutecompetent formedical Occupationalevidence Safetyof andsignificant Health,risk theto Nationalpublic Toxicologysafety Program,officers theof Nationaldeveloping Academiesthe form of Sciences,exposure- Engineering,related andcancer Medicine,that andis the Internationalsubject Agencyof forthe Researchupdate onfrom Cancer.engagement in their public safety activities.

``(D)``(ii) PetitionsEvidence.--The tocompetent addmedical toevidence thedescribed listin ofclause exposure-(i) related cancers.-- ``(i) In general.--Any person may petitioninclude therecommendations, Directorrisk toassessments, addand ascientific typestudies ofby-- exposure-related``(I) cancer to the definitionNational ofInstitute `exposure-relatedfor cancer'Occupational underSafety paragraphand (1).Health;

``(ii)``(II) Content of petition.--A petition under clause (i) shall provide information to show that there is sufficient evidence, based on the weightNational ofToxicology theProgram; 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)``(III) Timely and substantive decisions.-- Not later than 180 days after receipt of a petition under this subparagraph, the DirectorNational shallAcademies grant or deny the petition by publishing in the Federal Register a written explanation of theSciences, reasonsEngineering, forand theMedicine; Director's decision.

Theor Director``(IV) maythe notInternational denyAgency afor petitionResearch solely on theCancer. basis of competing priorities, inadequate resources, or insufficient time for review.

``(iv)``(C) NotificationPetitions to congress.--Notadd laterto thanthe 30list daysof afterexposure- makingrelated anycancers.-- decision``(i) toIn approvegeneral.--Any orperson denymay a petition under this subparagraph, the Director shallto notifyadd thea Committeeform on the Judiciary of thecancer Senateto and the Committeedefinition on the Judiciary of the`exposure-related Housecancer' ofunder Representativesparagraph of(1). the decision.''.

(b)``(ii) Applicability.--TheContent amendmentof madepetition.--A bypetition subsectionunder (a)clause (i) shall applyprovide ininformation theto caseshow ofthat anythere publicis safetysufficient officercompetent whomedical diedevidence orof becamesignificant permanentlyrisk andto totallypublic disabledsafety onofficers orof afterdeveloping Januarythe 1,cancer 2023,from asengagement ain resulttheir ofpublic ansafety exposure-relatedactivities. cancer.

``(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) Definition.--In this section, the term `line of duty action' includes any actionaction-- ``(1) in which a public safety officer engagesengaged at the direction of the agency served by the public safety officer.''.officer;

(b)or Applicability.--``(2) (1) In general.--The amendment made by subsection (a) shall apply in the case of any public safety officer whois diedauthorized on or afterobligated Januaryto 1,perform.''. 2020.

(2)(b) TimeApplicability.-- for(1) filingIn claim.--Sectiongeneral.--The 32.12(a)(1)amendment ofmade titleby 28,subsection Code(a) of Federal Regulations, shall not apply to aany claimantclaim whounder otherwisesection qualifies3 forof supportthe pursuantSafeguarding toAmerica's theFirst amendmentResponders madeAct byof subsection2020 (a).(34 U.S.C.

<all>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