S. 237

119 S237 IS: Honoring Our Fallen Heroes Act of 2025
 U.S. Senate
 2025-01-23
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 237  IN THE SENATE OF THE UNITED STATES   January 23, 2025   Ms. Klobuchar  (for herself,  Mr. Cramer ,  Mr. Banks ,  Mr. Barrasso ,  Mrs. Blackburn ,  Mr. Blumenthal ,  Mr. Coons ,  Mr. Cornyn ,  Mr. Cruz ,  Ms. Duckworth ,  Mr. Durbin ,  Mr. Fetterman ,  Mrs. Fischer ,  Mr. Graham ,  Ms. Hirono ,  Mr. Justice, Mr. Kelly ,  Mr. Markey ,  Mr. Padilla ,  Mr. Rounds ,  Mr. Schiff ,  Mrs. Shaheen ,  Mr. Sheehy ,  Ms. Smith ,  Mr. Warner ,  Ms. Warren ,  Mr. Welch ,  Mr. Whitehouse , and  Mr. Wyden ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    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.
1.
Short title
This Act may be cited as the   Honoring Our Fallen Heroes Act of 2025  .
2.
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.
(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.
3.
Technical amendments
(a)
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.
 .
(b)
Applicability
(1)
In general
The amendment made by subsection (a) shall apply to any claim under section 3 of the Safeguarding America’s First Responders Act of 2020 ( 34 U.S.C. 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.