Honoring Our Fallen Heroes Act of 2023

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1719 Introduced in House (IH)]

&lt;DOC&gt;






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.

    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 
2023''.

SEC. 2. CANCER-RELATED DEATHS.

    (a) 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 a 
                known or suspected carcinogen, as defined by the 
                International Agency for Research on Cancer, that is 
                reasonably linked to an exposure-related cancer.
                    ``(B) Director.--The term `Director' means the 
                Director of the Bureau.
                    ``(C) Exposure-related cancer.--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) esophagus 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 other form of cancer that the 
                        Bureau may determine appropriate 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 death or permanent and 
                total disability of a public safety officer due to an 
                exposure-related cancer shall be presumed to constitute 
                a personal injury within the meaning of subsection (a), 
                sustained in the line of duty by the officer and 
                directly and proximately resulting in death or 
                permanent and total disability, if--
                            ``(i) the public safety officer was exposed 
                        to or in contact with heat, radiation, or a 
                        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 later 
                        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 an exposure-related cancer not 
                        later than 15 years after the last date of 
                        active service as a public safety officer of 
                        the 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 to the death or 
                permanent and total disability of a public safety 
                officer due to an exposure-related cancer if competent 
                medical evidence establishes that the exposure-related 
                cancer was unrelated to the exposure or contact 
                described in subparagraph (A)(i).
            ``(3)  Additional exposure-related cancers.--
                    ``(A) In general.--The Director shall--
                            ``(i) periodically review the definition of 
                        `exposure-related cancer' under paragraph (1); 
                        and
                            ``(ii) add a type of exposure-related 
                        cancer to the definition by rule, upon a 
                        showing by a petitioner or on the Director's 
                        own determination, in accordance with this 
                        paragraph.
                    ``(B) Basis for determination.--The Director shall 
                add a type of exposure-related cancer to the definition 
                of `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 safety officers engaged in 
                public safety activities of developing the type of 
                exposure-related cancer.
                    ``(C) Available expertise.--In determining 
                significant risk for the purpose of subparagraph (B), 
                the Director may accept as authoritative and may rely 
                upon 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, and the International Agency for Research on 
                Cancer.
                    ``(D) Petitions to add to the list of exposure-
                related cancers.--
                            ``(i) In general.--Any person may petition 
                        the Director to add a type of exposure-related 
                        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 evidence, based 
                        on the weight of the 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) Timely and substantive decisions.--
                        Not later than 180 days after receipt of a 
                        petition under this subparagraph, the Director 
                        shall grant or deny the petition by publishing 
                        in the Federal Register a written explanation 
                        of the reasons for the Director's decision. The 
                        Director may not deny a petition solely on the 
                        basis of competing priorities, inadequate 
                        resources, or insufficient time for review.
                            ``(iv) Notification to congress.--Not later 
                        than 30 days after making any decision to 
                        approve or deny a petition under this 
                        subparagraph, 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 decision.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply in the case of any public safety officer who died or became 
permanently and totally disabled on or after January 1, 2023, as a 
result of an exposure-related cancer.

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 in which a public safety officer engages at the 
direction of the agency served by the public safety officer.''.
    (b) Applicability.--
            (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.
            (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).
                                 &lt;all&gt;
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