Title I — Expansion of health care for toxic exposure veterans

S. 3003 · 117th Congress · Oct 19, 2021 · Lineage

I Expansion of health care for toxic exposure veterans

Sec. 101 Health care for certain toxic exposure veterans

(a)

In general— Section 1710(e) of title 38, United States Code, is amended—

(1)

paragraph (1), by adding at the end the following new subparagraph:

“(G) Subject to paragraph (2), any veteran who participated in a toxic exposure risk activity while serving on active duty, active duty for training, or inactive duty training is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such toxic exposure risk activity.”

(2)

in paragraph (2)(B)—

(A)

by striking “or (F)” and inserting “(F), or (G)”; and

(B)

by striking “service or testing” and inserting “service, testing, or activity”.

(b)

Definitions— Section 101 of such title is amended by adding at the end the following new paragraphs:

“(37) The term toxic exposure includes the following:

“(A) A toxic exposure risk activity.

“(B) An exposure to a toxic or hazardous substance that is subject to regulation by the Occupational Safety and Health Administration.

“(38) The term toxic exposure veteran means any veteran who—

“(A) carried out a toxic exposure risk activity; or

“(B) received or receives hospital care, medical services, or nursing home care pursuant to section 1710(e)(1) of this title.

“(39) The term toxic exposure risk activity means any activity—

“(A) that requires a corresponding entry in the Individual Longitudinal Exposure Record of the veteran who carried out the activity; or

“(B) that the Secretary determines qualifies for purposes of section 1710(e)(1) of this title when taking into account what is reasonably prudent to protect the health of veterans.

“(40) The term Individual Longitudinal Exposure Record includes any pilot program or other program used by the Department of Veterans Affairs or the Department of Defense to track how members of the Armed Forces or veterans have been exposed to various occupational or environmental hazards.”

Sec. 102 Expansion of health care eligibility for certain veterans exposed to open burn pits

(a)

In general— Section 1710(e) of title 38, United States Code, as amended by section 101(a)(2)(A), is further amended—

(1)

in paragraph (1), by adding at the end the following new subparagraph:

“(H)

“(i) Subject to paragraph (2), a covered veteran is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness.

“(ii) For purposes of this subparagraph, a covered veteran is a veteran who—

“(I) is eligible for inclusion in the Airborne Hazards and Open Burn Pit Registry; or

“(II) has been identified by the Secretary of Defense to have been possibly exposed, inside or outside the United States, during active duty, active duty for training, or inactive duty training, to an open burn pit.

“(iii) In this subparagraph:

“(I) The term Airborne Hazards and Open Burn Pit Registry means the registry established by the Secretary under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).

“(II) The term open burn pit has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).”

(2)

in paragraph (2)(B), as amended by section 101(a)(2)(A), by striking “or (G)” and inserting “(G), or (H)”.

(b)

Effective date— The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act.

Sec. 103 Expansion of health care eligibility for veterans awarded certain medals

(a)

In general— Section 1710(e) of title 38, United States Code, as amended by section 102(a)(1), is further amended—

(1)

in paragraph (1), by adding at the end the following new subparagraph:

“(I) Subject to paragraph (2), a veteran is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness if the veteran was awarded any of the following:

“(i) The Afghanistan Campaign Medal.

“(ii) The Armed Forces Expeditionary Medal.

“(iii) The Global War on Terrorism Expeditionary Medal.

“(iv) The Inherent Resolve Campaign Medal.

“(v) The Iraqi Campaign Medal.

“(vi) The Southwest Asia Service Medal.”

(2)

in paragraph (2)(B), as amended by section 102(a)(2), by striking “or (H)” and inserting “(H), or (I)”.

(b)

Effective date— The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act.

Sec. 104 Study on feasibility and advisability of furnishing hospital care and medical services to dependents of veterans who participated in toxic exposure risk activities

(a)

In general— The Secretary of Veterans Affairs shall conduct a study on the feasibility and advisability of furnishing hospital care and medical services to qualifying dependents of veterans described in section 1710(e)(1)(G) of title 38, United States Code, as added by section 101(a)(1), for any illness or condition determined by the Secretary to be connected to a toxic exposure risk activity carried out by the veteran, as determined by the Secretary, notwithstanding that there is insufficient medical evidence to conclude that such illness or condition is attributable to such activity.

(b)

Elements of study— The study required under subsection (a) shall—

(1)

assess the impact of furnishing hospital care and medical services to qualifying dependents as described in such subsection on the ability of the Department of Veterans Affairs to furnish hospital care and medical services to veterans;

(2)

assess the potential cost of furnishing hospital care and medical services to qualifying dependents as described in such subsection;

(3)

estimate the resources required to furnish such care and services;

(4)

assess any stress or other impact furnishing such care and services would have on the claims and appeals system of the Department;

(5)

estimate the number of qualifying dependents who would be eligible for such care and services; and

(6)

assess the feasibility of adjudicating claims for such care and services.

(c)

Phased in application— In conducting the study under subsection (a), the Secretary shall assess the feasibility and advisability of phasing in the furnishing of hospital care and medical services to qualifying dependents described in such subsection by the decade in which such toxic exposure risk activity occurred, starting with the most recent decade.

(d)

Review of exposure cases regarding liability of Department of Defense— In conducting the study under subsection (a), the Secretary shall—

(1)

review known cases of toxic exposure on installations of the Department of Defense in the United States;

(2)

explore the liability of the Department of Defense in each such case; and

(3)

assess whether the Department of Defense should provide care and services relating to such toxic exposures under the TRICARE program.

(e)

Report— Not later than two years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a).

(f)

Definitions— In this section:

(1)

Hospital care and medical services— The terms hospital care and medical services have the meanings given those terms in section 1701 of title 38, United States Code.

(2)

Qualifying dependent— The term qualifying dependent means—

(A)

a dependent of a veteran described in section 1710(e)(1)(G) of title 38, United States Code, as added by section 101(a)(2) who resided with the veteran during the period in which, and on the installation at which, the veteran participated in a toxic exposure risk activity;

(B)

an individual who was in utero of such a veteran or other qualifying dependent when the veteran participated in a toxic exposure risk activity; or

(C)

a dependent of such a veteran who is not described in subparagraph (A) or (B) but who may have an illness or condition that is connected to the toxic exposure risk activity of the veteran, as determined by the Secretary.

(3)

TRICARE program— The term TRICARE program has the meaning given that term in section 1072(7) of title 10, United States Code.