119-hr1269

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1269 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1269

 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 HOUSE OF REPRESENTATIVES

 February 12, 2025

 Ms. Scanlon (for herself, Mr. Gimenez, Mr. Fitzpatrick, and Mr. Amo) 
 introduced the following bill; which was 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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Honoring Our Fallen Heroes Act of 
2025''.

SEC. 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.

SEC. 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.
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