Honoring Our Fallen Heroes Act of 2023

Federal

Source: Congress.gov · 1,524 words in original text

What This Bill Does

This bill changes federal law to provide benefits to public safety officers who die or become permanently and totally disabled from cancers linked to their job exposure. The bill adds cancer-related deaths to the types of injuries that qualify officers for benefits under existing federal law.

Who It Affects

Public safety officers (such as police officers, firefighters, and other first responders) who develop exposure-related cancers. Their families may also receive benefits if the officer dies from the cancer.

Key Provisions

• Cancer deaths are presumed to be job-related injuries if the officer was exposed to heat, radiation, or carcinogens (cancer-causing substances) while working, started their job within 5 years before diagnosis, and was diagnosed within 15 years after leaving the job. (Sec. 2(a)) • The bill covers 22 specific types of cancer including lung cancer, mesothelioma, bladder cancer, brain cancer, and others, plus any cancer considered work-related under a specific section of federal health law. (Sec. 2(a)) • The Director of the Bureau can add new cancer types to the list if scientific evidence shows public safety officers face significant risk of developing that cancer from their work. (Sec. 2(a)) • Anyone can petition the Director to add a new cancer type, and the Director must decide within 180 days and explain the decision in writing. (Sec. 2(a)) • The bill applies to officers who died or became disabled on or after January 1, 2023. (Sec. 2(b))

What Changes

Officers who die or become permanently disabled from exposure-related cancers will now be presumed to have suffered job-related injuries, making them eligible for federal survivor benefits. The law also broadens the definition of "line of duty action" to include any action officers perform at their agency's direction. (Sec. 3)

Important Definitions

Carcinogen: A substance known or suspected to cause cancer, as defined by the International Agency for Research on Cancer, that connects to an exposure-related cancer. Exposure-related cancer: Specific cancers listed in the bill (such as lung cancer and mesothelioma) or other cancers the Director determines are connected to public safety work.

Effective Date

The cancer benefits provisions apply to officers who died or became permanently and totally disabled on or after January 1, 2023. The line of duty definition change applies to officers who died on or after January 1, 2020.

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. SCAN- LON) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Honoring Our Fallen 4 Heroes Act of 2023’’. 5 SEC. 2. CANCER-RELATED DEATHS. 6 (a) IN GENERAL.—Section 1201 of title I of the Om- 7 nibus Crime Control and Safe Streets Act of 1968 (34 8 VerDate Sep 11 2014 23:25 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1719.IH H1719 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1719 IH U.S.C. 10281) is amended by adding at the end the fol- 1 lowing: 2 ‘‘(p) EXPOSURE-RELATED CANCERS.— 3 ‘‘(1) DEFINITIONS.—In this subsection: 4 ‘‘(A) CARCINOGEN.—The term ‘carcinogen’ 5 means a known or suspected carcinogen, as de- 6 fined by the International Agency for Research 7 on Cancer, that is reasonably linked to an expo- 8 sure-related cancer. 9 ‘‘(B) DIRECTOR.—The term ‘Director’ 10 means the Director of the Bureau. 11 ‘‘(C) EXPOSURE-RELATED CANCER.—The 12 term ‘exposure-related cancer’ means— 13 ‘‘(i) bladder cancer; 14 ‘‘(ii) brain cancer; 15 ‘‘(iii) breast cancer; 16 ‘‘(iv) cervical cancer; 17 ‘‘(v) colon cancer; 18 ‘‘(vi) colorectal cancer; 19 ‘‘(vii) esophagus cancer; 20 ‘‘(viii) kidney cancer; 21 ‘‘(ix) leukemia; 22 ‘‘(x) lung cancer; 23 ‘‘(xi) malignant melanoma; 24 ‘‘(xii) mesothelioma; 25 VerDate Sep 11 2014 23:25 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1719.IH H1719 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1719 IH ‘‘(xiii) multiple myeloma; 1 ‘‘(xiv) non-Hodgkins lymphoma; 2 ‘‘(xv) ovarian cancer; 3 ‘‘(xvi) prostate cancer; 4 ‘‘(xvii) skin cancer; 5 ‘‘(xviii) stomach cancer; 6 ‘‘(xix) testicular cancer; 7 ‘‘(xx) thyroid cancer; 8 ‘‘(xxi) any form of cancer that is con- 9 sidered a WTC-related health condition 10 under section 3312(a) of the Public Health 11 Service Act (42 U.S.C. 300mm–22(a)); 12 and 13 ‘‘(xxii) any other form of cancer that 14 the Bureau may determine appropriate in 15 accordance with paragraph (3). 16 ‘‘(2) PERSONAL INJURY SUSTAINED IN THE 17 LINE OF DUTY.— 18 ‘‘(A) IN GENERAL.—Subject to subpara- 19 graph (B), as determined by the Bureau, the 20 death or permanent and total disability of a 21 public safety officer due to an exposure-related 22 cancer shall be presumed to constitute a per- 23 sonal injury within the meaning of subsection 24 (a), sustained in the line of duty by the officer 25 VerDate Sep 11 2014 23:25 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1719.IH H1719 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1719 IH and directly and proximately resulting in death 1 or permanent and total disability, if— 2 ‘‘(i) the public safety officer was ex- 3 posed to or in contact with heat, radiation, 4 or a carcinogen that is linked to an expo- 5 sure-related cancer while in the course of 6 the line of duty; 7 ‘‘(ii) the public safety officer began 8 serving as a public safety officer not later 9 than 5 years before the date of the diag- 10 nosis of the public safety officer with an 11 exposure-related cancer; 12 ‘‘(iii) the public safety officer was di- 13 agnosed with an exposure-related cancer 14 not later than 15 years after the last date 15 of active service as a public safety officer 16 of the public safety officer; and 17 ‘‘(iv) the exposure-related cancer di- 18 rectly and proximately results in the death 19 or permanent and total disability of the 20 public safety officer. 21 ‘‘(B) EXCEPTION.—The presumption 22 under subparagraph (A) shall not apply to the 23 death or permanent and total disability of a 24 public safety officer due to an exposure-related 25 VerDate Sep 11 2014 23:25 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1719.IH H1719 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 1719 IH cancer if competent medical evidence establishes 1 that the exposure-related cancer was unrelated 2 to the exposure or contact described in subpara- 3 graph (A)(i). 4 ‘‘(3) ADDITIONAL EXPOSURE-RELATED CAN- 5 CERS.— 6 ‘‘(A) IN GENERAL.—The Director shall— 7 ‘‘(i) periodically review the definition 8 of ‘exposure-related cancer’ under para- 9 graph (1); and 10 ‘‘(ii) add a type of exposure-related 11 cancer to the definition by rule, upon a 12 showing by a petitioner or on the Direc- 13 tor’s own determination, in accordance 14 with this paragraph. 15 ‘‘(B) BASIS FOR DETERMINATION.—The 16 Director shall add a type of exposure-related 17 cancer to the definition of ‘exposure-related 18 cancer’ under paragraph (1) upon a showing by 19 a petitioner or the Director’s own determina- 20 tion, based on the weight of the best available 21 scientific evidence, that there is a significant 22 risk to public safety officers engaged in public 23 safety activities of developing the type of expo- 24 sure-related cancer. 25 VerDate Sep 11 2014 23:25 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1719.IH H1719 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 1719 IH ‘‘(C) AVAILABLE EXPERTISE.—In deter- 1 mining significant risk for the purpose of sub- 2 paragraph (B), the Director may accept as au- 3 thoritative and may rely upon recommenda- 4 tions, risk assessments, and scientific studies by 5 the National Institute for Occupational Safety 6 and Health, the National Toxicology Program, 7 the National Academies of Sciences, Engineer- 8 ing, and Medicine, and the International Agen- 9 cy for Research on Cancer. 10 ‘‘(D) PETITIONS TO ADD TO THE LIST OF 11 EXPOSURE-RELATED CANCERS.— 12 ‘‘(i) IN GENERAL.—Any person may 13 petition the Director to add a type of expo- 14 sure-related cancer to the definition of ‘ex- 15 posure-related cancer’ under paragraph 16 (1). 17 ‘‘(ii) CONTENT OF PETITION.—A peti- 18 tion under clause (i) shall provide informa- 19 tion to show that there is sufficient evi- 20 dence, based on the weight of the best 21 available scientific evidence, of significant 22 risk to public safety officers engaged in 23 public safety activities of developing such 24 VerDate Sep 11 2014 23:25 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1719.IH H1719 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 1719 IH exposure-related cancer from their employ- 1 ment. 2 ‘‘(iii) TIMELY AND SUBSTANTIVE DE- 3 CISIONS.—Not later than 180 days after 4 receipt of a petition under this subpara- 5 graph, the Director shall grant or deny the 6 petition by publishing in the Federal Reg- 7 ister a written explanation of the reasons 8 for the Director’s decision. The Director 9 may not deny a petition solely on the basis 10 of competing priorities, inadequate re- 11 sources, or insufficient time for review. 12 ‘‘(iv) NOTIFICATION TO CONGRESS.— 13 Not later than 30 days after making any 14 decision to approve or deny a petition 15 under this subparagraph, the Director 16 shall notify the Committee on the Judici- 17 ary of the Senate and the Committee on 18 the Judiciary of the House of Representa- 19 tives of the decision.’’. 20 (b) APPLICABILITY.—The amendment made by sub- 21 section (a) shall apply in the case of any public safety offi- 22 cer who died or became permanently and totally disabled 23 on or after January 1, 2023, as a result of an exposure- 24 related cancer. 25 VerDate Sep 11 2014 23:25 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1719.IH H1719 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 1719 IH SEC. 3. TECHNICAL AMENDMENTS. 1 (a) IN GENERAL.—Section 3 of the Safeguarding 2 America’s First Responders Act of 2020 (34 U.S.C. 3 10281 note) is amended by adding at the end the fol- 4 lowing: 5 ‘‘(d) DEFINITION.—In this section, the term ‘line of 6 duty action’ includes any action in which a public safety 7 officer engages at the direction of the agency served by 8 the public safety officer.’’. 9 (b) APPLICABILITY.— 10 (1) IN GENERAL.—The amendment made by 11 subsection (a) shall apply in the case of any public 12 safety officer who died on or after January 1, 2020. 13 (2) TIME FOR FILING CLAIM.—Section 14 32.12(a)(1) of title 28, Code of Federal Regulations, 15 shall not apply to a claimant who otherwise qualifies 16 for support pursuant to the amendment made by 17 subsection (a). 18 Æ VerDate Sep 11 2014 23:25 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H1719.IH H1719 pbinns on DSKJLVW7X2PROD with $$_JOB

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