Sec. 8205. Honoring our fallen heroes
1,272 words·~6 min read·
/bill/119/s/1071/eah/section-8205A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 ), as amended by section 8204, is further amended by adding at the end the following: In this subsection: The term carcinogen means an agent that is— classified by the International Agency for Research on Cancer under Group 1 or Group 2A; and reasonably linked to an exposure-related cancer. The term Director means the Director of the Bureau. As updated from time to time in accordance with paragraph (3), the term exposure-related cancer means— bladder cancer; brain cancer; breast cancer; cervical cancer; colon cancer; colorectal cancer; esophageal cancer; kidney cancer; leukemia; lung cancer; malignant melanoma; mesothelioma; multiple myeloma; non-Hodgkins lymphoma; ovarian cancer; prostate cancer; skin cancer; stomach cancer; testicular cancer; thyroid cancer; 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 any form of cancer added to this definition pursuant to an update in accordance with paragraph (3).
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— the exposure occurred while the public safety officer was engaged in line of duty action or activity; 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; 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 the exposure-related cancer directly and proximately results in the death or permanent and total disability of the public safety officer. 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. From time to time but not less frequently than once every 3 years, the Director shall— review the definition of exposure-related cancer under paragraph (1); and if appropriate, update the definition, in accordance with this paragraph— by rule; or by publication in the Federal Register or on the public website of the Bureau. 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. The competent medical evidence described in clause
(i)may include 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; or the International Agency for Research on Cancer. Any person may petition the Director to add a form of cancer to the definition of exposure-related cancer under paragraph (1). 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. 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. The Director shall consider each recommendation under subclause
(I)and promptly take appropriate action in connection with the recommendation pursuant to subparagraph (B). 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. . The amendment made by paragraph
(1)shall apply to any claim under— 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 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. 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. 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— 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 in the second sentence, by striking person furnishing such information and inserting entity or person furnishing such information or to whom such information pertains . The amendments made by paragraph
(1)shall— shall take effect for all purposes as if enacted on December 27, 1979; and apply to any matter pending, before the Department of Justice or otherwise, as of the date of enactment of this Act. 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— in subparagraph (A), by inserting or
(b)after subsection
(a); in subparagraph (B), by inserting or
(b)after subsection
(a); and in subparagraph (C), by inserting or
(b)after subsection
(a). 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. 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: In this section, the term line of duty action includes any action— in which a public safety officer engaged at the direction of the agency served by the public safety officer; or the public safety officer is authorized or obligated to perform. . 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)— that is predicated upon the death of a public safety officer on or after January 1, 2020; or that is— predicated upon the disability of a public safety officer; and filed on or after January 1, 2020. 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. Of the unobligated balances available in the Department of Justice Assets Forfeiture Fund (as established under section 524(c) of title 28, United States Code), $255,000,000 is hereby permanently rescinded.
Connectionstraces to 2
Traces to 2 documents
1 reference not yet in our index
- 42 USC 300mm–22(a)
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources