Janey Ensminger Act - Presumes a service connection, for veterans' benefits purposes, for any illness associated with contaminants in the water supply at Camp Lejeune, during a period in which the water there was contaminated by volatile organic compounds, including known and probable human carcinogens, notwithstanding evidence of such illness during such period.
Makes family members who resided at such location during such period, or were in utero during such period while the mother resided at such location, eligible for hospital care, medical services, and nursing home care through the Department of Veterans Affairs (VA) for any condition or disability associated with exposure to such contaminants.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1742 Introduced in House (IH)]
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.
(a) Family Members.--
(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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
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