1.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
.
2.
(a)Appropriate
congressional committeesThe 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)
(1)In this Act, the term
military exposure means the exposure of an individual to an
environmental hazard on a military installation.
(2)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)In this Act, the term military exposure
claim means a formal claim of a military exposure submitted by or on
behalf of an individual.
3.Advisory Board
on Military Exposures
(a)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)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)
(1)All
members of the Advisory Board shall be appointed not later than 90 days after
the date of the enactment of this Act.
(2)Members
of the Advisory Board shall serve for 3-year terms, subject to renewal, but not
longer than 6 years in total.
(3)A
vacancy in the Advisory Board shall be filled in the manner in which the
original appointment was made.
(d)The
members of the Advisory Board shall select from among its membership a
Chairperson to serve a 1-year term.
(e)A
majority of the members of the Board shall constitute a quorum.
(f)The
Board shall meet at the call of the Chairperson.
(g)
(1)Officers of the
Federal Government
(A)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)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)
(A)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)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)
(1)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)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 EmployeesUpon 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.
4.Consideration of
military exposures
(a)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 claimsNot 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)
(1)The
Advisory Board may convene a science advisory panel to assist in the
consideration of a military exposure claim under this section.
(2)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)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 claimsNot 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)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 agenciesThe 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)
(1)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)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 committeeSection 14 of the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Board.
5.Authority to
provide certain health care benefits to individuals subjected to military
exposuresThe 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.
6.Health care
services for certain individuals at Camp Lejeune, North Carolina
(a)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 careIndividuals 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)
(1)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)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)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.
7.Health care
services for certain individuals at Atsugi Naval Air Facility, Japan
(a)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 careIndividuals 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)
(1)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)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)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.
8.
(a)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)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.
9.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.
10.Authorization
of appropriationsThere are
authorized to be appropriated such sums as may be necessary to carry out this
Act.
May 17, 2010
Read twice and placed on the calendar