[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10137 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10137
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to provide health care for family members and other
individuals who resided at or worked at locations where there is a
presumption of service-connection for certain illnesses and conditions,
and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
November 15, 2024
Ms. Brownley introduced the following bill; which was referred to the
Committee on Veterans' Affairs
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A BILL
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to provide health care for family members and other
individuals who resided at or worked at locations where there is a
presumption of service-connection for certain illnesses and conditions,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF HEALTH CARE FOR
FAMILY MEMBERS AND OTHER INDIVIDUALS WHO RESIDED AT OR
WORKED AT LOCATIONS WHERE THERE IS A PRESUMPTION OF
SERVICE-CONNECTION FOR CERTAIN ILLNESSES AND CONDITIONS.
(a) 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. 1790. Health care for family members and other individuals who
resided at or worked at locations where there is a
presumption of service-connection for certain illnesses
and conditions
``(a) In General.--(1) An individual described in subsection (b)
shall be eligible for hospital care and medical services furnished by
the Secretary for a covered illness or condition.
``(2) An individual described in this subsection is an individual
who--
``(A) resided at, worked at, or was in utero while their
mother resided at or worked at a location for which the
Secretary has established a presumption of service-connection
for any illness or condition under or pursuant to chapter 11 of
this title for the time period required for such presumption;
and
``(B) can demonstrate that the individual was exposed to
the same condition or conditions that qualify veterans for such
presumption, as determined by the Secretary.
``(b) Limitations.--(1) The Secretary may only furnish hospital
care and medical services under subsection (a) to the extent and in the
amount provided in advance in appropriations Acts for such purpose.
``(2) Hospital care and medical services may not be furnished under
subsection (a) for an illness or condition of an individual that is
found, in accordance with guidelines issued by the Under Secretary for
Health, to have resulted from a cause other than time spent at a
location referred to in subsection (a)(2)(A).
``(3) The Secretary may furnish hospital care or medical services
provided to an individual described in subsection (a)(2) only after the
individual or the provider of such care or services has exhausted
without success all claims and remedies reasonably available to the
individual or provider against a third party (as defined in section
1725(f) of this title) for payment of such care or services, including
with respect to health-plan contracts (as defined in such section).
``(c) Covered Illness or Condition.--In this section, the term
`covered illness or condition' means, with respect to an individual who
resided at, worked at, or was in utero while their mother resided at or
worked at a location, an illness or condition for which the Secretary
has established a presumption of service-connection under or pursuant
to chapter 11 of this title based on service in the Armed Forces at
that location, notwithstanding that there is insufficient medical
evidence to conclude that the illness or condition is attributable to
such residence or work.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1789 the following new item:
``1790. Health care for family members and other individuals who
resided at or worked at locations where
there is a presumption of service-
connection for certain illnesses and
conditions.''.
(c) Reports.--Not later than December 31 of each of 2026, 2027, and
2028, the Secretary of Veterans Affairs shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on the hospital care
and medical services provided under section 1790 of title 38, United
States Code, as added by subsection (a). Each such report shall include
each of the following:
(1) The number of individuals who were furnished hospital
care or medical services under such section during the period
beginning on January 1, 2025, and ending on the date of such
report.
(2) The illnesses and conditions for which such care or
services were provided and the location associated with the
presumption of service-connection for each such illness or
condition.
(3) The number of individuals who applied for care or
services under such section during that period but who were
denied, including information on the reasons for such denials.
(4) The number of individuals who applied for care or
services under such section and are awaiting a decision from
the Secretary on eligibility for such care or services. as of
the date of such report.
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