II 111th CONGRESS 1st Session S. 1779 IN THE SENATE OF THE UNITED STATES October 14, 2009 Mr. Bayh (for himself, Mr. Dorgan, Mr. Lugar, Mr. Byrd, Mr. Specter, Mr. Rockefeller, Mr. Merkley, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to provide health care to veterans exposed in the line of duty to occupational and environmental health chemical hazards, and for other purposes.

1.

Short title

This Act may be cited as the Health Care for Veterans Exposed to Chemical Hazards Act of 2009.

2.

Revision in authorities for provision of health care for certain veterans exposed to occupational and environmental health chemical hazards

(a)

Authorized inpatient care

Section 1710(e) of title 38, United States Code, is amended— (1)in paragraph (1), by adding at the end the following: (F)A veteran who was exposed in the line of duty to an occupational and environmental health chemical hazard of particular concern is eligible (subject to paragraph (2)) for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated with such exposure. ; (2)in paragraph (2), by adding at the end the following: (C)In the case of a veteran described in paragraph (1)(F), hospital care, medical services, and nursing home care may not be provided under subsection (a)(2)(F) with respect to— (i)a disability that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than an exposure described in paragraph (1)(F); or (ii)a health effect for which the National Academy of Sciences, in a report, has determined that there is limited or suggestive evidence of the lack of a positive association between occurrence of the health consequences in humans and exposure to an occupational and environmental health chemical hazard of particular concern. ; and (3)in paragraph (4), by adding at the end the following: (C)The term occupational and environmental health chemical hazard of particular concern means an occupational and environmental health chemical hazard that the Secretary of Defense determines is of particular concern after considering appropriate guidelines and standards for exposure, including the following: (i)The military exposure guidelines specified in the January 2002 Chemical Exposure Guidelines for Deployed Military Personnel, United States Army Center for Health Promotion and Preventive Medicine Technical Guide 230 (or any successor technical guide that establishes military exposure guidelines for the assessment of the significance of field exposures to occupational and environmental health chemical hazards during deployments). (ii)Occupational and environmental health chemical exposure standards promulgated by the Occupational Safety and Health Administration. . (b)

Technical amendment

Section 1710(e)(4) of such title is amended in the matter before subparagraph (A) by striking For purposes of this subsection— and inserting In this subsection:.