H.R. 5339

119 HR 5339 IH: Susan E. Lukas 9/11 Servicemember Fairness Act
 U.S. House of Representatives
 2025-09-11
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 I  119th CONGRESS  1st Session  H. R. 5339  IN THE HOUSE OF REPRESENTATIVES   September 11, 2025   Mr. Subramanyam  (for himself,  Mr. Beyer ,  Mr. Wittman , and  Mr. Scott of Virginia ) introduced the following bill; which was referred to the  Committee on Veterans' Affairs    A BILL
To establish a presumption of service connection for certain diseases associated with exposure to certain toxins at the Pentagon Reservation during certain period beginning on September 11, 2001.
1.
Short title
This Act may be cited as the   Susan E. Lukas 9/11 Servicemember Fairness Act  .
2.
Presumption of service connection for certain diseases associated with exposure to certain toxins at the Pentagon Reservation during certain period beginning on September 11, 2001
Subchapter II of  chapter 11  of title 38, United States Code is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly):
1120A.
Presumption of service connection for certain diseases associated with exposure to toxins at Pentagon Reservation during certain period beginning on September 11, 2001
(a)
Presumption of service connection
For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease during the period of such service.
(b)
Diseases specified
The diseases specified in this subsection are the following:
(1)
Asthma.
(2)
Chronic obstructive pulmonary disease.
(3)
Emphysema.
(4)
Tracheomalacia.
(5)
Cancer of any type.
(6)
A cadiovascular disease of any type.
(7)
A skin disease of any type.
(8)
A respiratory disease of any type.
(9)
Any other illness or condition for which the Secretary determines, pursuant to regulations prescribed under subchapter VII that a presumption of service connection is warranted based on a positive association with a substance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title.
(c)
Definitions
In this section:
(1)
The term  covered veteran  means any veteran who, during the period beginning on September 11, 2001, and ending on November 19, 2001, performed active military, naval, air, or space service while assigned to a duty station at the Pentagon Reservation.
(2)
The term  Pentagon Reservation  has the meaning given such term in section 2674 of title 10.
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