[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3378 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 377
111th CONGRESS
  2d Session
                                S. 3378

                          [Report No. 111-189]

      To authorize health care for certain individuals exposed to 
    environmental hazards at Camp Lejeune and the Atsugi Naval Air 
   Facility, to establish an advisory board to examine exposures to 
 environmental hazards during military service, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2010

   Mr. Akaka, from the Committee on Veterans' Affairs, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
      To authorize health care for certain individuals exposed to 
    environmental hazards at Camp Lejeune and the Atsugi Naval Air 
   Facility, to establish an advisory board to examine exposures to 
 environmental hazards during military service, 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. SHORT TITLE.

    This Act may be cited as the ``Examination of Exposures to 
Environmental Hazards During Military Service and Health Care for Camp 
Lejeune and Atsugi Naval Air Facility Veterans and their Families Act 
of 2010''.

SEC. 2. DEFINITIONS.

    (a) Appropriate Congressional Committees.--The term ``appropriate 
congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Veterans' Affairs of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Veterans' Affairs of the House of Representatives.
    (b) Military Exposure.--
            (1) In general.--In this Act, the term ``military 
        exposure'' means the exposure of an individual to an 
        environmental hazard on a military installation.
            (2) Exception.--Such term does not include the exposure of 
        an individual to an environmental hazard at a military 
        installation during a period in which imminent danger pay is 
        authorized to be paid the individual under section 310 of title 
        37, United States Code.
    (c) Military Exposure Claim.--In this Act, the term ``military 
exposure claim'' means a formal claim of a military exposure submitted 
by or on behalf of an individual.

SEC. 3. ADVISORY BOARD ON MILITARY EXPOSURES.

    (a) Establishment.--The Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly establish an advisory board (to be known 
as the ``Advisory Board on Military Exposures'') to provide expert 
advice to the Department of Defense and the Department of Veterans 
Affairs on matters relating to exposures of current and former members 
of the Armed Forces and their dependants to environmental hazards on 
military installations.
    (b) Composition.--The Advisory Board shall consist of 7 members, 
appointed by the President, in consultation with the Secretary of 
Defense and the Secretary of Veterans Affairs, of whom--
            (1) two members shall be members of military service 
        organizations or organizations recognized by the Secretary of 
        Veterans Affairs under section 5902 of title 38, United States 
        Code (commonly referred to as ``veterans service 
        organizations'');
            (2) two members shall be officials of appropriate Federal 
        agencies, other than the Department of Defense or the 
        Department of Veterans Affairs, with experience in 
        environmental exposure or environmental exposure assessments, 
        health monitoring, or other relevant fields; and
            (3) three members shall be scientists who--
                    (A) have backgrounds in environmental exposure or 
                environmental exposure assessments, health monitoring, 
                or other relevant fields; and
                    (B) are not officials or employees of the Federal 
                Government.
    (c) Appointments.--
            (1) Deadline.--All members of the Advisory Board shall be 
        appointed not later than 90 days after the date of the 
        enactment of this Act.
            (2) Duration.--Members of the Advisory Board shall serve 
        for 3-year terms, subject to renewal, but not longer than 6 
        years in total.
            (3) Vacancies.--A vacancy in the Advisory Board shall be 
        filled in the manner in which the original appointment was 
        made.
    (d) Chairperson.--The members of the Advisory Board shall select 
from among its membership a Chairperson to serve a 1-year term.
    (e) Quorum.--A majority of the members of the Board shall 
constitute a quorum.
    (f) Meetings.--The Board shall meet at the call of the Chairperson.
    (g) Compensation.--
            (1) Officers of the federal government.--
                    (A) In general.--A member of the Board who is an 
                employee of the Federal Government may not receive 
                additional pay, allowances, or benefits by reason of 
                the member's service on the Board.
                    (B) Travel expenses.--Each such member of the Board 
                shall receive travel expenses, including per diem in 
                lieu of subsistence, in accordance with applicable 
                provisions under subchapter I of chapter 57 of title 5, 
                United States Code.
            (2) Other members.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a member of the Advisory Board who is not an 
                employee of the Federal Government--
                            (i) shall be paid compensation out of funds 
                        made available for the purposes of this title 
                        at the daily equivalent of the highest rate 
                        payable under section 5332 of title 5, United 
                        States Code, for each day (including travel 
                        time) during which the member is engaged in the 
                        actual performance of duties as a member of the 
                        Advisory Board; and
                            (ii) while away from the member's home or 
                        regular place of business on necessary travel 
                        in the actual performance of duties as a member 
                        of the Advisory Board, shall be paid per diem, 
                        travel, and transportation expenses in the same 
                        manner as is provided under subchapter I of 
                        chapter 57 of title 5, United States Code.
                    (B) Limitation.--A member of the Advisory Board may 
                not be paid compensation under subparagraph (A)(ii) for 
                more than 120 days in any calendar year.
    (h) Staff.--
            (1) In general.--The Chairperson of the Advisory Board may, 
        without regard to the civil service laws and regulations, 
        appoint an executive director of the Advisory Board, who shall 
        be a civilian employee of the Department of Defense, and such 
        other personnel as may be necessary to enable the Advisory 
        Board to perform its duties. The appointment of an executive 
        director shall be subject to approval by the Advisory Board.
            (2) Compensation.--The Chairperson of the Advisory Board 
        may fix the compensation of the executive director and other 
        personnel without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of title 5, United States Code, 
        relating to classification of positions and General Schedule 
        pay rates, except that the rate of pay for the executive 
        director and other personnel may not exceed the rate payable 
        for level V of the Executive Schedule under section 5316 of 
        such title.
    (i) Detail of Government Employees.--Upon request of the 
Chairperson of the Advisory Board, the head of any Federal department 
or agency may detail, on a nonreimbursable basis, any personnel of that 
department or agency to the Advisory Board to assist it in carrying out 
its duties.

SEC. 4. CONSIDERATION OF MILITARY EXPOSURES.

    (a) In General.--The purpose of the Advisory Board is to consider 
and study cases of exposure of current and former members of the Armed 
forces and their dependants to potential environmental hazards at 
military installations. The Advisory Board shall evaluate military 
exposure claims that are submitted to the Advisory Board by members of 
the Armed Forces, veterans, dependants of members of the Armed Forces 
and veterans, veterans advocacy groups, and officials of the Department 
of Defense and the Department of Veterans Affairs with responsibility 
or experience monitoring the health of current and former members of 
the Armed Forces.
    (b) Consideration of Exposure Claims.--Not later than 180 days 
after receiving a military exposure claim, the Advisory Board shall 
consider the claim and take one of the following actions:
            (1) If the Advisory Board determines that further 
        consideration of the military exposure claim is necessary to 
        adequately assess the extent of exposure, the Advisory Board 
        shall convene a science review panel under subsection (c) to 
        make such assessment and report its findings to the Advisory 
        Board.
            (2) If the Advisory Board determines that the extent of 
        exposure is insufficient to warrant further consideration of 
        the claim, the Advisory Board shall make a recommendation of 
        such finding to the Secretary of Defense and the Secretary of 
        Veterans Affairs.
            (3) If the Advisory Board determines that during the time 
        period covered by such claim, members of the Armed Forces and 
        their dependants were exposed to sufficient amounts of 
        environmental hazards to warrant health care or compensation, 
        the Advisory Board shall submit to the Secretary of Defense and 
        the Secretary of Veterans Affairs a report that includes the 
        following:
                    (A) Recommendations that--
                            (i) such members should receive--
                                    (I) health care benefits through 
                                the Department of Defense specifically 
                                designed to address such exposure, as 
                                determined by the Secretary of Defense; 
                                or
                                    (II) veterans health care or 
                                compensation specifically designed to 
                                address such exposure; and
                            (ii) dependents of such members should 
                        receive health care benefits through the 
                        Department of Defense specifically designed to 
                        address such exposure, as determined by the 
                        Secretary of Defense, or financial 
                        compensation, or both.
                    (B) Information on cost and attributable exposure, 
                as defined in regulations prescribed pursuant to this 
                Act.
    (c) Science Advisory Panels.--
            (1) Establishment.--The Advisory Board may convene a 
        science advisory panel to assist in the consideration of a 
        military exposure claim under this section.
            (2) Composition.--A science advisory panel convened under 
        this subsection shall consist of 7 scientists who--
                    (A) have backgrounds in environmental exposure or 
                environmental exposure assessments, health monitoring, 
                or other relevant fields; and
                    (B) are not officials or employees of the Federal 
                Government.
            (3) Chairperson.--The Chairperson of the Advisory Board 
        shall select from among the membership of a science advisory 
        panel an individual to serve as Chairperson of the panel. The 
        individual so selected shall serve a 1-year term as Chairperson 
        of the panel.
            (4) Consideration of military exposure claims.--Not later 
        than 180 days after requested by the Advisory Board to review a 
        military exposure claim, a science advisory panel shall submit 
        a report to the Advisory Board with one of the following 
        recommendations:
                    (A) A recommendation that there is insufficient 
                exposure to warrant further consideration of the claim.
                    (B) A recommendation that further study of the 
                claim is necessary, to be carried out by, or under the 
                direction of, the science advisory panel in 
                coordination with the Advisory Board.
                    (C) A recommendation that, during the time period 
                covered by such claim, members of the Armed Forces and 
                their dependants were exposed to a sufficient risk of 
                exposure to environmental hazards to warrant 
                compensation or health care.
    (d) Subpoena Authority.--The Advisory Board and each science 
advisory panel convened by the Advisory Board under subsection (c) are 
authorized to require by subpoena the attendance and testimony of 
witnesses necessary to consider military exposure cases under this 
section.
    (e) Cooperation of Federal Agencies.--The head of each relevant 
Federal agency, including the Administrator of the Environmental 
Protection Agency, shall cooperate fully with the Advisory Board and 
each science advisory panel convened by the Advisory Board under 
subsection (c) for purposes of considering military exposure cases 
under this section.
    (f) Initial Cases.--
            (1) In general.--The Advisory Board shall consider military 
        exposure claims related to Camp Lejeune, North Carolina, and 
        Atsugi Naval Air Facility, Japan, as the first two cases 
        considered under this section.
            (2) Rule of construction.--Nothing in this section shall be 
        construed as requiring or authorizing the removal of any 
        individuals from the lists required under sections 6 and 7.
    (g) Permanent Advisory Committee.--Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
Board.

SEC. 5. AUTHORITY TO PROVIDE CERTAIN HEALTH CARE BENEFITS TO 
              INDIVIDUALS SUBJECTED TO MILITARY EXPOSURES.

    The Secretary of Defense is authorized to provide to current and 
former members of the Armed Forces and their dependants who were 
exposed to environmental hazards at military installations such health 
care benefits as may be recommended by the Advisory Board on Military 
Exposures under this Act.

SEC. 6. HEALTH CARE SERVICES FOR CERTAIN INDIVIDUALS AT CAMP LEJEUNE, 
              NORTH CAROLINA.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense, in coordination with 
the Secretary of Veterans Affairs and after consultation with the 
Agency for Toxic Substances and Disease Registry, shall compile a list 
of individuals exposed to environmental hazards at Camp Lejeune, North 
Carolina, during the period, as determined by the Secretaries, in which 
the water at Camp Lejeune was contaminated with volatile organic 
compounds, including known and probable human carcinogens. The list may 
include individuals who were exposed to such hazards as fetuses in 
utero.
    (b) Eligibility for Health Care.--Individuals included on the list 
compiled under subsection (a) shall be immediately eligible for health 
care as follows:
            (1) Dependents shall be eligible for health care benefits 
        through the Department of Defense, as determined by the 
        Secretary of Defense, for any condition, or any disability that 
        is associated with such condition, that is associated with 
        exposure to the contaminants in the water at Camp Lejeune.
            (2) Current and former members of the Armed Forces shall be 
        eligible to receive one of the following:
                    (A) Health care benefits through the Department of 
                Defense specifically designed to address such exposure, 
                as determined by the Secretary of Defense.
                    (B) Health care benefits through the Department of 
                Veterans Affairs specifically designed to address such 
                exposure.
    (c) Report.--
            (1) In general.--Not later than 30 days after compiling the 
        list required under subsection (a), the Secretary of Defense, 
        in coordination with the Secretary of Veterans Affairs, shall 
        submit to the appropriate congressional committees a report on 
        the compilation of such list.
            (2) Content.--The report required under paragraph (1) shall 
        include--
                    (A) the evidence considered in selecting the 
                covered period of water contamination at Camp Lejeune; 
                and
                    (B) the criteria used to determine whether an 
                individual was exposed to a contaminant during the 
                covered period and the rationale for using those 
                criteria.
    (d) Sunset.--The Secretary of Defense, in coordination with the 
Secretary of Veterans Affairs, may expand the list compiled under 
subsection (a), but may not add any individuals on or after the date 
that is 5 years after the date of the enactment of this Act.

SEC. 7. HEALTH CARE SERVICES FOR CERTAIN INDIVIDUALS AT ATSUGI NAVAL 
              AIR FACILITY, JAPAN.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense, in coordination with 
the Secretary of Veterans Affairs, shall compile a list of individuals 
exposed to environmental hazards at Atsugi Naval Air Facility, Japan, 
during the period, as determined by the Secretaries, in which the air 
at Atsugi Naval Air Facility was contaminated due to an incinerator. 
The list may include individuals who were exposed to such hazards as 
fetuses in utero.
    (b) Eligibility for Health Care.--Individuals included on the list 
compiled under subsection (a) shall be immediately eligible for health 
care as follows:
            (1) Dependents shall be eligible for health care benefits 
        through the Department of Defense, as determined by the 
        Secretary of Defense, for any condition, or any disability that 
        is associated with such condition, that is associated with 
        exposure to the contaminants in the air from an incinerator at 
        Atsugi Naval Air Facility.
            (2) Current and former members of the Armed Forces shall be 
        eligible to receive one of the following:
                    (A) Health care benefits through the Department of 
                Defense specifically designed to address such exposure, 
                as determined by the Secretary of Defense.
                    (B) Health care benefits through the Department of 
                Veterans Affairs specifically designed to address such 
                exposure.
    (c) Report.--
            (1) In general.--Not later than 30 days after compiling the 
        list required under subsection (a), the Secretary of Defense, 
        in coordination with the Secretary of Veterans Affairs, shall 
        submit to the appropriate congressional committees a report on 
        the compilation of such list.
            (2) Content.--The report required under paragraph (1) shall 
        include--
                    (A) the evidence considered in selecting the 
                covered period of air contamination at Atsugi Naval Air 
                Facility; and
                    (B) the criteria used to determine whether an 
                individual was exposed to a contaminant during the 
                covered period and the rationale for using those 
                criteria.
    (d) Sunset.--The Secretary of Defense, in coordination with the 
Secretary of Veterans Affairs, may modify or expand the list compiled 
under subsection (a), but may not add any individuals on or after the 
date that is 5 years after the date of the enactment of this Act.

SEC. 8. ANNUAL REPORT.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Secretary of 
Defense, in consultation with the Secretary of Veterans Affairs, shall 
submit to the appropriate congressional committees a report on health 
care and other benefits provided under this Act.
    (b) Content.--The report required under subsection (a) shall 
include the following:
            (1) A description of the classes of individuals who have 
        received health care and other benefits under this Act during 
        the reporting period.
            (2) A description of the health care benefits that have 
        been provided to such individuals.
            (3) Recommendations for any additional legislation 
        necessary to implement this Act.

SEC. 9. REGULATIONS.

    The Secretary of Defense and the Secretary of Veterans Affairs 
shall jointly prescribe regulations to carry out the provisions of this 
Act, including guidelines regarding health conditions and symptoms that 
may be attributed to military exposures.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
                                                       Calendar No. 377

111th CONGRESS

  2d Session

                                S. 3378

                          [Report No. 111-189]

_______________________________________________________________________

                                 A BILL

      To authorize health care for certain individuals exposed to 
    environmental hazards at Camp Lejeune and the Atsugi Naval Air 
   Facility, to establish an advisory board to examine exposures to 
 environmental hazards during military service, and for other purposes.

_______________________________________________________________________

                              May 17, 2010

                 Read twice and placed on the calendar