HR 1742
112th CONGRESS
1st Session
H. R. 1742
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to establish a presumption of service connection for illnesses
associated with contaminants in the water supply at Marine Corps Base Camp
Lejeune, North Carolina, and to provide health care to family members of veterans
who lived at Camp Lejeune while the water was contaminated.
IN THE HOUSE OF REPRESENTATIVES
May 5, 2011
Mr. MILLER of North Carolina (for himself, Mr. DINGELL, Mr. COURTNEY, Mr.
BUTTERFIELD, Mr. JACKSON of Illinois, Ms. BERKLEY, Mr. DONNELLY of Indiana,
Mr. MURPHY of Connecticut, Mr. PRICE of North Carolina, Mr. WILSON of South
Carolina, Ms. SUTTON, Mr. RIBBLE, Mr. CONYERS, Mrs. MALONEY, and Mr. JONES)
introduced the following bill; which was referred to the Committee on Veterans'
Affairs
A BILL
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to establish a presumption of service connection for illnesses
associated with contaminants in the water supply at Marine Corps Base Camp
Lejeune, North Carolina, and to provide health care to family members of veterans
who lived at Camp Lejeune while the water was contaminated.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Janey Ensminger Act'.
SEC. 2. PRESUMPTIONS OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED WITH
CONTAMINANTS IN THE WATER SUPPLY AT MARINE CORPS BASE CAMP LEJEUNE, NORTH
CAROLINA.
(a) In General- Subchapter II of chapter 11 of title 38, United States Code,
is amended by adding at the end the following new section:
`Sec. 1119. Presumptions of service connection for illnesses associated
with contaminants in the water supply at Camp Lejeune, North Carolina
`(a) Presumption- (1) For purposes of section 1110 of this title, and subject
to section 1113 of this title, each illness, if any, described in paragraph
(2) shall be considered to have been incurred in or aggravated by service
referred to in that paragraph, notwithstanding that there is no record of
evidence of such illness during the period of such service.
`(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed
illness that--
`(A) the Secretary determines, in consultation with the Agency for Toxic
Substances and Disease Registry, in regulations prescribed under this section
to warrant a presumption of service connection by reason of having a positive
association with exposure to volatile organic compounds, including known
human carcinogens and probable human carcinogens, known or presumed to be
associated with service in the Armed Forces at Marine Corps Base Camp Lejeune,
North Carolina, during a period determined by the Secretary in consultation
with the Agency for Toxic Substances and Disease Registry; and
`(B) becomes manifest within the period, if any, prescribed in such regulations
in a veteran who served on active duty at Camp Lejeune, North Carolina,
and by reason of such service was exposed to such compounds.
`(3) For purposes of this subsection, a veteran who served on active duty
at Camp Lejeune, North Carolina, during the period referred to in paragraph
(2)(A) and who has an illness described in paragraph (2) shall be presumed
to have been exposed by reason of such service to the compound associated
with the illness in the regulations prescribed under this section unless there
is conclusive evidence to establish that the veteran was not exposed to the
compound by reason of such service.
`(b) Determinations Relating to Diseases- (1) Whenever the Secretary determines,
in consultation with the Agency for Toxic Substances and Disease Registry,
on the basis of sound medical and scientific evidence, that a positive association
exists between the exposure of humans to a volatile organic compound known
or presumed to be present in the water supply at Camp Lejeune, North Carolina,
and the occurrence of a disease in humans, the Secretary shall prescribe regulations
providing that a presumption of service connection is warranted for that disease
for the purposes of this section.
`(2) In making determinations for the purpose of this subsection, the Secretary
shall take into account all other sound medical and scientific information
and analyses available to the Secretary. In evaluating any study for the purpose
of making such determinations, the Secretary shall take into consideration
whether the results are statistically significant, are capable of replication,
and withstand peer review.
`(3) An association between the occurrence of a disease in humans and exposure
to a volatile organic compound shall be considered to be positive for the
purposes of this section if the credible evidence for the association is equal
to or outweighs the credible evidence against the association.
`(c) Removal of Diseases- Whenever a disease is removed from regulations prescribed
under this section--
`(1) a veteran who was awarded compensation for such disease on the basis
of the presumption provided in subsection (a) before the effective date
of the removal shall continue to be entitled to receive compensation on
that basis; and
`(2) a survivor of a veteran who was awarded dependency and indemnity compensation
for the death of a veteran resulting from such disease on the basis of such
presumption shall continue to be entitled to receive dependency and indemnity
compensation on such basis.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1118 the following
new item:
`1119. Presumptions of service connection for illnesses associated with
contaminants in the water supply at Camp Lejeune, North Carolina.'.
SEC. 3. HOSPITAL CARE, MEDICAL SERVICES, AND NURSING HOME CARE FOR VETERANS
STATIONED AT CAMP LEJEUNE, NORTH CAROLINA, WHILE THE WATER WAS CONTAMINATED
AT CAMP LEJEUNE.
(1) IN GENERAL- Subchapter VIII of chapter 17 of title 38, United States
Code, is amended by adding at the end the following new section:
`Sec. 1786. Health care of family members of veterans stationed at Camp
Lejeune, North Carolina, while the water was contaminated at Camp Lejeune
`(a) In General- A family member of a veteran described in section 1119(a)(3)
of this title who resided at Camp Lejeune, North Carolina, during the period
described in such section, or who was in utero during such period while the
mother of such family member resided at such location, shall be eligible for
hospital care, medical services, and nursing home care furnished by the Secretary
for any covered condition, or any covered disability that is associated with
a condition, that is associated with exposure to the contaminants in the water
at Camp Lejeune during such period.
`(b) Covered Conditions and Disabilities- In this section, covered conditions
and disabilities are those conditions and disabilities described in section
1119(a)(2) of this title.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1785 the following
new item:
`1786. Health care of family members of veterans stationed at Camp Lejeune,
North Carolina, while the water was contaminated at Camp Lejeune.'.
END
