Honoring Our Fallen Heroes Act of 2023

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 2023 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 (p) Exposure-Related cancers (1) Definitions In this subsection: (A) Carcinogen The term carcinogen (B) Director The term Director (C) Exposure-related cancer The term exposure-related cancer (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) (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 (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 (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 (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. 3. Technical amendments (a) In general Section 3 of the Safeguarding America’s First Responders Act of 2020 ( 34 U.S.C. 10281 (d) Definition In this section, the term line of duty action . (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).

Summary: Honoring Our Fallen Heroes Act of 2023 This bill extends death and disability benefits under the Public Safety Officers' Benefits Program (PSOB) to certain public safety officers who suffer from exposure-related cancer while on duty and their survivors. The PSOB program provides death, disability, and education benefits to public safety officers who are killed or injured in the line of duty and their survivors. The bill specifies that exposure-related cancer shall be presumed to constitute a personal injury in the line of duty if the public safety officer was exposed to or in contact with heat, radiation, or a carcinogen that is linked to an exposure-related cancer; the officer began serving as an officer not later than 5 years before the date of the diagnosis of an exposure-related cancer and the diagnosis occurred not later than 15 years after the last date of active service; and the exposure-related cancer directly and proximately resulted in the death or permanent and total disability of the officer. The Department of Justice's Bureau of Justice Assistance (BJA) must periodically review the definition of exposure-related cancer. It directs the BJA to add additional cancers to the definition under certain circumstances (e.g., a petition process).