H.R. 1719 – Reading Mode

118th CONGRESS

1st Session

H. R. 1719

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.

Short title

This Act may be cited as the Honoring Our Fallen Heroes Act of 2023.

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.

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).