Bipartisan bill would bolster access to benefits for civilians exposed to burn pits

A bipartisan group of U.S. lawmakers unveiled a draft bill on Thursday to help civilians, including law enforcement agents, receive workers’ compensation for illnesses like cancer that are often associated with toxic exposure to burn pits.

The Kenya Merritt Renewing Our Promise to Address Toxicity Act — named for FBI Special Agent Kenya Merritt, who died from lung cancer after he was exposed to toxic burn pits during his service in Iraq — would put civilian employees on the same legal footing as military service members and make it easier for them to receive benefits.

A law passed in 2022 made it easier for military members who were exposed to burn pits during their tours of duty to get approved for compensation. But civilians, who have sometimes also served alongside military members in places like Iraq and Afghanistan, were not covered by the bill. As a result, they are required to prove there is a direct connection between their illness and the exposure to toxic chemicals when they apply to the U.S. Department of Labor for workers’ compensation.

If enacted into law, it would create a presumption that certain illnesses are work-related for eligible federal employees exposed to burn pits during overseas operations. It would also align civilian protections with the Department of Veterans Affairs legal framework for service members exposed to burn pits.

“According to the Department of Labor investigators, every single civilian federal burn pit-related claim has been denied,” said Democratic Rep. Nellie Pou of New Jersey, who is introducing the bill along with Democratic Sen. Kirsten Gillibrand of New York, and Republican Reps. Brian Fitzpatrick of Pennsylvania and Celeste Maloy of Utah.

“That’s an outrage. And it cannot stand,” Pou added.

The bill was unveiled at Capitol Hill by lawmakers and the FBI Agents Association, which is championing the measure, as the country celebrates Police Week.

Natalie Bara, president of the FBI Agents Association, told reporters Thursday that the bureau supports the bill as well, adding that there have been thousands of agents who have gone overseas and have been exposed to burn pits throughout the past two decades.