Renewing our PACT Act of 2026
Officially: “Renewing our PACT Act of 2026” Read the full text
What it does
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1Short title
This section would let the Act be called the Kenya Merritt Renewing our Promise to Address Chemical Toxicity Act of 2026, or the Renewing our PACT Act of 2026, for short.
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1. Short title This Act may be cited as the Kenya Merritt Renewing our Promise to Address Chemical Toxicity Act of 2026 or the Renewing our PACT Act of 2026 .
2Certain diseases deemed to be proximately caused by employment for Federal employees exposed to toxic burn pits
This section would add a new provision, section 8143c, to the federal employee workers' compensation law in title 5 of the United States Code, placed right after existing section 8143b. It would apply to an 'eligible employee,' defined as an employee of the Department of Justice, the Department of State, the Department of Defense, the Department of Homeland Security, the Department of the Treasury, the Department of Commerce, or the Department of Agriculture, or of an element of the intelligence community, or a Federal law enforcement officer (using the definition of that term in the Law Enforcement Congressional Badge of Bravery Act of 2008), who, on or after August 2, 1990, carried out their job duties for at least 30 total days in a country or territory while the United States was conducting a 'contingency operation' there (using the definition of that term in section 101 of title 10). For a workers' compensation claim for the disability or death of an eligible employee, any disease on the list established under this section would be treated as having been caused or made worse by that employee's job, even if there is no record showing the disease existed during the employment period. The initial version of this list would match the diseases listed in section 1120(b) of title 38 (the law on veterans' presumptions for burn pit and toxic exposure), including any disease for which the Secretary of Veterans Affairs had already issued regulations under paragraph (15) of that section before this new law is enacted. After enactment, a disease could be added to the workers' compensation list only if the Secretary of Veterans Affairs first adds that same disease to the veterans' list under section 1120(b) through those regulations; once the Secretary of Veterans Affairs finalizes such regulations for a disease, the Secretary of Labor would have to add that same disease to the workers' compensation list within 90 days by issuing a direct final rule. The Secretary of Labor would be responsible for maintaining this list going forward. The bill would also add a matching entry for new section 8143c to the table of sections for that part of title 5. These changes would apply to compensation claims filed on or after the date this Act becomes law. Within 1 year after enactment, the Secretary of Labor would have to submit a report to the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Education and Workforce on the progress of implementing the Act, including how many individuals qualify as eligible employees under the new section 8143c.
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2. Certain diseases deemed to be proximately caused by employment for Federal employees exposed to toxic burn pits (a) Establishment of presumption Subchapter I of chapter 81 of title 5, United States Code, is amended by inserting after section 8143b the following: 8143c. Employees exposed to burn pits and toxic hazards in foreign contingency operations (a) Definitions In this section: (1) Contingency operation The term contingency operation has the meaning given the term in section 101 of title 10. (2) Eligible employee The term eligible employee means an employee of the Department of Justice, the Department of State, the Department of Defense, the Department of Homeland Security, the Department of the Treasury, the Department of Commerce, the Department of Agriculture, or an element of the intelligence community, or a Federal law enforcement officer, who, on or after August 2, 1990, carried out the job responsibilities of that employee for not fewer than 30 total days in a country or territory while the United States was conducting a contingency operation in that country or territory. (3) Federal law enforcement officer The term Federal law enforcement officer has the meaning given the term in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 ). (4) Intelligence community The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (b) Presumption of employment connection for certain diseases associated with exposure to burn pits and other toxins For a claim under this subchapter of disability or death of an eligible employee, a disease specified on the list established under subsection (c), as updated under that subsection, shall be deemed to have been incurred in or aggravated during the employment of that eligible employee, notwithstanding that there is no record of evidence of such disease during the period of such employment. (c) List of diseases deemed proximately caused by employment (1) Establishment of initial list There is established under this section a list of diseases that aligns with the diseases specified in section 1120(b) of title 38, including all diseases with respect to which the Secretary of Veterans Affairs prescribed regulations in the manner described in paragraph (15) of such section 1120(b) before the date of enactment of this section. (2) Additions to list (A) Limitation On and after the date of enactment of this section, a disease may not be added to the list established under paragraph (1) unless the Secretary of Veterans Affairs adds that disease to the list under section 1120(b) of title 38 pursuant to regulations described in paragraph (15) of such section 1120(b). (B) Application Not later than 90 days after the date that the Secretary of Veterans Affairs finalizes regulations described in subparagraph (A), the Secretary of Labor shall, by direct final rule, add the same disease to the list established under paragraph (1). (3) Maintenance by Secretary of Labor The Secretary of Labor shall maintain the list established and updated under this subsection. . (b) Clerical amendment The table of sections for subchapter I of chapter 81 of title 5, United States Code, is amended by inserting after the item relating to section 8143b the following: 8143c. Employees exposed to burn pits and toxic hazards in foreign contingency operations. . (c) Application The amendments made by this section shall apply to a claim for compensation filed on or after the date of enactment of this Act. (d) Report on implementation Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Education and Workforce of the House of Representatives a report on the progress of implementing this Act and the amendments made by this Act, including the number of individuals who are eligible employees, as defined in section 8143c(a) of title 5, United States Code, as added by subsection (a) of this section.
Where it is
In the Senate.