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 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).
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1719 Introduced in House (IH)]
<DOC>
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).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
ASSUMING FIRST SPONSORSHIP - Mr. Gimenez asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 1719, a bill originally introduced by Representative Pascrell, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
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