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Susan E. Lukas 9/11 Servicemember Fairness Act Approved at House Subcommittee Markup

American flag hung from the side of the Pentagon

 

ROA is pleased to announce that the Susan E. Lukas 9/11 Servicemember Fairness Act (H.R. 5339) was approved unanimously by the House Veterans Affairs Subcommittee on Disability and Memorial Affairs at markup on March 26, 2026, advancing a critical piece of legislation that would close a longstanding gap in benefits for servicemembers who reported for duty at the Pentagon in the days and months following the September 11, 2001, terrorist attacks.

Watch the markup here.

The bill, introduced by Rep. Suhas Subramanyam (D-Va.) and spearheaded by ROA, would extend the presumption of service connection under the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act to servicemembers who reported for duty at the Pentagon between September 11 and November 19, 2001 — the date the building was officially declared clear of toxicants. Despite being exposed to cement dust, asbestos, glass fibers, lead, mold, and other hazardous materials, these servicemembers are currently excluded from the PACT Act’s presumptive coverage, as well as from programs such as the World Trade Center Health Program available to other 9/11 first responders and survivors.

ROA commends Rep. Subramanyam for his steadfast commitment to these veterans — a commitment that extended even to personally reaching out to the bill’s namesake by text following the conclusion of the markup. ROA also extends its gratitude to Rep. Morgan Luttrell (R-Texas), Chair of the Subcommittee on Disability and Memorial Affairs, for his continued support in advancing this legislation, and to all members of the Subcommittee for their unanimous vote in favor of the bill.

“The unanimous approval of the Susan E. Lukas 9/11 Servicemember Fairness Act at markup is a testament to the strength of the congressional champions who have rallied behind this cause,” said retired Army Maj. Gen. John B. Hashem, ROA Chief Executive Officer. “Representative Subramanyam, Chairman Luttrell, and every member of the Subcommittee have demonstrated that Congress can move swiftly to do right by those who served. ROA is grateful for their leadership and will continue to work alongside them to see this legislation across the finish line.”

The legislation is named in honor of retired Air Force Lt. Col. Susan E. Lukas, an ROA life member who was present at the Pentagon on September 11, 2001, and returned to duty the very next day, unaware of the lasting health consequences she and her fellow servicemembers would face from toxic exposure.

In February 2025, ROA Director of Legislation and Military Policy Matthew Schwartzman testified before the House and Senate Committees on Veterans’ Affairs, urging Congress to act and highlighting Lt. Col. Lukas’ story as emblematic of countless others who have gone without the recognition and care they deserve.

In less than a year since that testimony, the legislation has been introduced and has moved with remarkable speed— a significant achievement considering the average bill takes eight years to become law, if it ever receives a hearing or reaches a markup at all. The pace of progress reflects a high demand signal from the Hill and a well-received reception to ROA’s advocacy and influence.

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