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S 4554

Renewing our PACT Act of 2026

119th Congress Introduced by Kirsten Gillibrand

Establishes a VA-aligned presumed link between burn-pit/toxin exposure and certain diseases for civilian federal employees, easing workers’ comp access.

Introduced in Senate
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Bill Summary · S 4554

Overview

  • Bill: S. 4554
  • Session: 119th Congress, 2nd Session
  • Title: Kenya Merritt Renewing our Promise to Address Chemical Toxicity Act of 2026 (Renewing our PACT Act of 2026)
  • Introduction: May 18, 2026 by Sen. Kirsten Gillibrand (co-sponsored by Gillibrand)
  • Purpose: Amend title 5 of the U.S. Code to improve access to workers’ compensation for civilian Federal employees exposed to toxic burn pits and related toxins, including associated administrative processes and a mechanism to update the list of diseases presumed to be work-related.

Objective and Intent

  • Establish a presumptive linkage between certain diseases and employment for Federal employees exposed to burn pits and toxins during foreign contingency operations.
  • Streamline and strengthen access to workers’ compensation for eligible Federal employees by creating a formal presumption of service-related impairment or death for specified conditions.
  • Create a process to align the list of presumptively connected diseases with the medical lists used by the Department of Veterans Affairs (VA) and standard regulatory mechanisms.

Key Provisions

  • Establishment of a new presumed-disease provision (§8143c) for burn-pit and toxin exposure:
    • Definitions:
    • Contingency operation: as defined in 10 U.S.C. §101.
    • Eligible employee: Federal employees across several agencies (DoJ, State, DoD, DHS, Treasury, Commerce, Agriculture, intelligence community, or federal law enforcement officers) who spent at least 30 days in a foreign country or territory during a U.S. contingency operation.
    • Federal law enforcement officer and intelligence community definitions aligned with existing law.
    • Employment connection presumption:
    • For claims filed under this subchapter, diseases listed as presumptively caused by such exposure are deemed incurred in or aggravated by the employee’s employment, even if there is no medical record of the disease during the employment period.
    • List of presumptively caused diseases:
    • Initial list mirrors diseases specified in 38 U.S.C. 1120(b) (as regulated by the VA) prior to enactment.
    • Additions to the list:
      • A disease may be added only if VA regulations under 38 U.S.C. 1120(b) (as described) would permit addition.
      • After enactment, within 90 days after VA finalizes applicable regulations described in the previous paragraph, the Secretary of Labor will add the same diseases to the list via direct final rule.
      • The Secretary of Labor will maintain and update the list.
    • Administrative alignment:
    • The changes require alignment with the VA’s regulation-driven disease list, ensuring consistency between VA conditions and workers’ compensation for exposed civilians.
  • Amendments to the Code and timing:
    • Subchapter I, chapter 81 of title 5, U.S.C., introduced §8143c to implement the above.
    • The “table of sections” is updated to include 8143c.
    • Effective date: The amendments apply to claims filed on or after the date of enactment.
  • Reporting requirement:
    • Within 1 year of enactment, the Secretary of Labor must provide a report to:
    • Senate Committee on Homeland Security and Governmental Affairs
    • House Committee on Education and the Workforce
    • The report should cover implementation progress and include the number of eligible employees (as defined in §8143c(a)).

Affected Parties

  • Eligible employees:
    • Civilians employed by federal agencies listed (DoJ, State, DoD, DHS, Treasury, Commerce, Agriculture, intelligence community, or federal law enforcement officers) who served 30+ days in a foreign contingency operation.
  • Federal agencies involved:
    • Department of Justice, Department of State, Department of Defense, Department of Homeland Security, Department of the Treasury, Department of Commerce, Department of Agriculture, and elements of the intelligence community.
  • Veterans Affairs: While not a direct fiscal party, the act aligns the disease list with VA regulations (1120(b)) for consistency in disease presumptions.

Procedural and Timeline Aspects

  • Enactment sequence:
    • After enactment, VA regulations must be referenced to determine preserved/addable diseases to the initial list.
    • The Secretary of Labor will add diseases to the list via direct final rule within 90 days after VA finalizes applicable regulations.
    • The Secretary of Labor will maintain the list going forward.
  • Claim timing:
    • The presumption applies to claims filed on or after enactment.
  • Reporting:
    • A progress report from the Secretary of Labor is due within 1 year of enactment.

Potential Impact

  • Improved access to workers’ compensation for civilian Federal employees exposed to burn pits and related toxins during foreign contingency operations.
  • A clearer, VA-aligned framework for determining presumptive diseases, reducing the evidentiary burden for eligible employees.
  • Streamlined administrative process via a direct final rule mechanism for adding diseases to the presumptive list.
  • Enhanced oversight through a mandatory implementation and impact report to congressional committees.

Compiled from official sources — confirm details with the bill’s official record.

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