Kenya Merritt Renewing our Promise to Address Chemical Toxicity Act of 2026

“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.”