Susan E. Lukas 9/11 Servicemember Fairness Act (H.R. 5339)
What the bill would do
According to the sponsor's announcement, the bill would treat servicemembers who returned to the Pentagon during the cleanup window as toxic-exposed for purposes. Supporters describe exposure to cement dust, glass fibers, asbestos, lead, mold, and smoke from the Flight 77 impact and fire.
Reporting by Military Times notes this group generally does not qualify under the World Trade Center Health Program or the existing locations. Advocates estimate roughly 10,000 servicemembers could be affected.
- Covered window (as proposed): September 11, 2001 through November 19, 2001
- Location: duty at the Pentagon
- Effect (as proposed): access to VA health care and a presumption of for exposure-related conditions
Conditions listed in the bill text
The introduced text would add a new section, 38 U.S.C. § 1120A, creating a presumption for a "covered " — anyone who performed active service while assigned to a duty station at the Pentagon Reservation from September 11 through November 19, 2001. A listed disease becoming manifest in a covered veteran would be considered incurred in service even with no record of it during service, subject to the usual rebuttal rules in 38 U.S.C. § 1113.
- Asthma
- Chronic obstructive pulmonary disease (COPD)
- Emphysema
- Tracheomalacia
- Cancer of any type
- Cardiovascular disease of any type
- Skin disease of any type
- Respiratory disease of any type
- Any other illness VA adds by regulation based on a positive association with a hazard on VA's toxic-exposure list
Who the bill is named for
Retired Air Force Lt. Col. Susan E. Lukas was in the Pentagon on 9/11 and returned to work the next day. She has described chronic respiratory problems she connects to the exposure.
Where it stands
As of this page's last update, the bill has been introduced and discussed at a February 2026 subcommittee hearing alongside H.R. 4469 (radiation dose documentation) and H.R. 1685 (ALS survivor compensation). Check Congress.gov for current status; bills often change or stall before becoming law.
Without the bill, a Pentagon-exposure is evaluated on a direct basis: a current diagnosis, evidence of the in-service exposure, and a medical opinion linking them.
What the decision letter says
| If your record shows this | What it means |
|---|---|
| Denied because Pentagon duty is not a PACT Act location | Correct under current law; the bill is not enacted. The question is whether VA addressed direct service connection. |
| Exposure not conceded | Duty location and dates come from personnel records, orders, and evaluations. |
| No medical opinion obtained | VA's duty to assist may be at issue when the record shows a diagnosis and plausible exposure. |
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