I 

118TH CONGRESS 

1ST SESSION H. R. 1719 

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 

MARCH 22, 2023 

Mr. PASCRELL (for himself, Mr. GIMENEZ, Mr. FITZPATRICK, and Ms. SCANLON) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Honoring Our Fallen 

5 Heroes Act of 2023’’. 

6 SEC. 2. CANCER-RELATED DEATHS. 

7 (a) IN GENERAL.—Section 1201 of title I of the Om8 nibus Crime Control and Safe Streets Act of 1968 (34 


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1 U.S.C. 10281) is amended by adding at the end the fol2 lowing: 

3 ‘‘(p) EXPOSURE-RELATED CANCERS.— 

4 ‘‘(1) DEFINITIONS.—In this subsection: 

5 ‘‘(A) CARCINOGEN.—The term ‘carcinogen’ 

6 means a known or suspected carcinogen, as de7 fined by the International Agency for Research 

8 on Cancer, that is reasonably linked to an expo9 sure-related cancer. 

10 ‘‘(B) DIRECTOR.—The term ‘Director’ 

11 means the Director of the Bureau. 

12 ‘‘(C) EXPOSURE-RELATED CANCER.—The 

13 term ‘exposure-related cancer’ means— 

14 ‘‘(i) bladder cancer; 

15 ‘‘(ii) brain cancer; 

16 ‘‘(iii) breast cancer; 

17 ‘‘(iv) cervical cancer; 

18 ‘‘(v) colon cancer; 

19 ‘‘(vi) colorectal cancer; 

20 ‘‘(vii) esophagus cancer; 

21 ‘‘(viii) kidney cancer; 

22 ‘‘(ix) leukemia; 

23 ‘‘(x) lung cancer; 

24 ‘‘(xi) malignant melanoma; 

25 ‘‘(xii) mesothelioma; 


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1 ‘‘(xiii) multiple myeloma; 

2 ‘‘(xiv) non-Hodgkins lymphoma; 

3 ‘‘(xv) ovarian cancer; 

4 ‘‘(xvi) prostate cancer; 

5 ‘‘(xvii) skin cancer; 

6 ‘‘(xviii) stomach cancer; 

7 ‘‘(xix) testicular cancer; 

8 ‘‘(xx) thyroid cancer; 

9 ‘‘(xxi) any form of cancer that is con10 sidered a WTC-related health condition 

11 under section 3312(a) of the Public Health 

12 Service Act (42 U.S.C. 300mm–22(a)); 

13 and 

14 ‘‘(xxii) any other form of cancer that 

15 the Bureau may determine appropriate in 

16 accordance with paragraph (3). 

17 ‘‘(2) PERSONAL INJURY SUSTAINED IN THE

18 LINE OF DUTY.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), as determined by the Bureau, the 

21 death or permanent and total disability of a 

22 public safety officer due to an exposure-related 

23 cancer shall be presumed to constitute a per24 sonal injury within the meaning of subsection 

25 (a), sustained in the line of duty by the officer 


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1 and directly and proximately resulting in death 

2 or permanent and total disability, if— 

3 ‘‘(i) the public safety officer was ex4 posed to or in contact with heat, radiation, 

5 or a carcinogen that is linked to an expo6 sure-related cancer while in the course of 

7 the line of duty; 

8 ‘‘(ii) the public safety officer began 

9 serving as a public safety officer not later 

10 than 5 years before the date of the diag11 nosis of the public safety officer with an 

12 exposure-related cancer; 

13 ‘‘(iii) the public safety officer was di14 agnosed with an exposure-related cancer 

15 not later than 15 years after the last date 

16 of active service as a public safety officer 

17 of the public safety officer; and 

18 ‘‘(iv) the exposure-related cancer di19 rectly and proximately results in the death 

20 or permanent and total disability of the 

21 public safety officer. 

22 ‘‘(B) EXCEPTION.—The presumption 

23 under subparagraph (A) shall not apply to the 

24 death or permanent and total disability of a 

25 public safety officer due to an exposure-related 


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1 cancer if competent medical evidence establishes 

2 that the exposure-related cancer was unrelated 

3 to the exposure or contact described in subpara4 graph (A)(i). 

5 ‘‘(3) ADDITIONAL EXPOSURE-RELATED CAN6 CERS.— 

7 ‘‘(A) IN GENERAL.—The Director shall— 

8 ‘‘(i) periodically review the definition 

9 of ‘exposure-related cancer’ under para10 graph (1); and 

11 ‘‘(ii) add a type of exposure-related 

12 cancer to the definition by rule, upon a 

13 showing by a petitioner or on the Direc14 tor’s own determination, in accordance 

15 with this paragraph. 

16 ‘‘(B) BASIS FOR DETERMINATION.—The 

17 Director shall add a type of exposure-related 

18 cancer to the definition of ‘exposure-related 

19 cancer’ under paragraph (1) upon a showing by 

20 a petitioner or the Director’s own determina21 tion, based on the weight of the best available 

22 scientific evidence, that there is a significant 

23 risk to public safety officers engaged in public 

24 safety activities of developing the type of expo25 sure-related cancer. 


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1 ‘‘(C) AVAILABLE EXPERTISE.—In deter2 mining significant risk for the purpose of sub3 paragraph (B), the Director may accept as au4 thoritative and may rely upon recommenda5 tions, risk assessments, and scientific studies by 

6 the National Institute for Occupational Safety 

7 and Health, the National Toxicology Program, 

8 the National Academies of Sciences, Engineer9 ing, and Medicine, and the International Agen10 cy for Research on Cancer. 

11 ‘‘(D) PETITIONS TO ADD TO THE LIST OF

12 EXPOSURE-RELATED CANCERS.— 

13 ‘‘(i) IN GENERAL.—Any person may 

14 petition the Director to add a type of expo15 sure-related cancer to the definition of ‘ex16 posure-related cancer’ under paragraph 

17 (1). 

18 ‘‘(ii) CONTENT OF PETITION.—A peti19 tion under clause (i) shall provide informa20 tion to show that there is sufficient evi21 dence, based on the weight of the best 

22 available scientific evidence, of significant 

23 risk to public safety officers engaged in 

24 public safety activities of developing such 


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1 exposure-related cancer from their employ2 ment. 

3 ‘‘(iii) TIMELY AND SUBSTANTIVE DE4 CISIONS.—Not later than 180 days after 

5 receipt of a petition under this subpara6 graph, the Director shall grant or deny the 

7 petition by publishing in the Federal Reg8 ister a written explanation of the reasons 

9 for the Director’s decision. The Director 

10 may not deny a petition solely on the basis 

11 of competing priorities, inadequate re12 sources, or insufficient time for review. 

13 ‘‘(iv) NOTIFICATION TO CONGRESS.— 

14 Not later than 30 days after making any 

15 decision to approve or deny a petition 

16 under this subparagraph, the Director 

17 shall notify the Committee on the Judici18 ary of the Senate and the Committee on 

19 the Judiciary of the House of Representa20 tives of the decision.’’. 

21 (b) APPLICABILITY.—The amendment made by sub22 section (a) shall apply in the case of any public safety offi23 cer who died or became permanently and totally disabled 

24 on or after January 1, 2023, as a result of an exposure25 related cancer. 


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1 SEC. 3. TECHNICAL AMENDMENTS. 

2 (a) IN GENERAL.—Section 3 of the Safeguarding 

3 America’s First Responders Act of 2020 (34 U.S.C. 

4 10281 note) is amended by adding at the end the fol5 lowing: 

6 ‘‘(d) DEFINITION.—In this section, the term ‘line of 

7 duty action’ includes any action in which a public safety 

8 officer engages at the direction of the agency served by 

9 the public safety officer.’’. 

10 (b) APPLICABILITY.— 

11 (1) IN GENERAL.—The amendment made by 

12 subsection (a) shall apply in the case of any public 

13 safety officer who died on or after January 1, 2020. 

14 (2) TIME FOR FILING CLAIM.—Section 

15 32.12(a)(1) of title 28, Code of Federal Regulations, 

16 shall not apply to a claimant who otherwise qualifies 

17 for support pursuant to the amendment made by 

18 subsection (a). 

Æ 


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