[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7867-S7868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4326. Mr. BURR (for himself and Mr. Tillis) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1064. REVIEW OF ILLNESSES AND CONDITIONS RELATING TO 
                   VETERANS STATIONED AT CAMP LEJEUNE, NORTH 
                   CAROLINA AND THEIR FAMILY MEMBERS.

       (a) Review and Publication of Illness or Condition.--Part P 
     of title III of the Public Health Service Act (42 U.S.C. 280g 
     et seq.) is amended by adding at the end the following:

     ``SEC. 399V-7. REVIEW AND PUBLICATION OF ILLNESSES AND 
                   CONDITIONS.

       ``Consistent with section 104(i) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980, not later than 1 year after the date of enactment of 
     this section, and not less frequently than once every 3 years 
     thereafter, the Secretary, acting through the Administrator 
     of the Agency for Toxic Substances and Disease Registry, 
     shall--
       ``(1)(A) review the scientific literature relevant to the 
     relationship between the employment or residence of 
     individuals at Camp Lejeune, North Carolina for not fewer 
     than 30 days during the period beginning on August 1, 1953, 
     and ending on December 31, 1987, and specific illnesses or 
     conditions incurred by those individuals;
       ``(B) determine each illness or condition for which there 
     is evidence that exposure to a toxic substance at Camp 
     Lejeune, North Carolina, during the period specific in 
     subparagraph (A) may be a cause of the illness or condition; 
     and
       ``(C) with respect to each illness or condition for which a 
     determination has been made under subparagraph (B), 
     categorize the evidence of the connection of the illness or 
     condition to exposure described in that subparagraph as--
       ``(i) sufficient to conclude with reasonable confidence 
     that the exposure is a cause of the illness or condition;
       ``(ii) modest supporting causation, but not sufficient to 
     conclude with reasonable confidence that exposure is a cause 
     of the illness or condition; or
       ``(iii) no more than limited supporting causation;
       ``(2) publish in the Federal Register and on the Internet 
     website of the Department of Health and Human Services--
       ``(A) a list of each illness or condition for which a 
     determination has been made under paragraph (1)(B), including 
     the categorization of the evidence of causal connection 
     relating to the illness or condition under paragraph (1)(C); 
     and
       ``(B) the bibliographic citations for all literature 
     reviewed under paragraph (1) for each illness or condition 
     listed under such paragraph; and
       ``(3) update the list under paragraph (2), as applicable, 
     to add an illness or condition for which a determination has 
     been made under paragraph (1)(B), including the 
     categorization of the evidence of causal connection relating 
     to the illness or condition under paragraph (1)(C), since 
     such list was last updated consistent with the requirements 
     of this section.''.
       (b) Eligibility for Health Care From Department of Veterans 
     Affairs.--
       (1) In general.--Section 1710(e)(1)(F) of title 38, United 
     States Code, is amended--
       (A) by redesignating clauses (i) through (xv) as subclauses 
     (I) through (XV), respectively;
       (B) by striking ``(F) Subject to'' and inserting ``(F)(i) 
     Subject to'';
       (C) by striking ``any of the following'' and inserting 
     ``any of the illnesses or conditions for which the evidence 
     of connection of the illness or condition to exposure to a 
     toxic substance at Camp Lejeune, North Carolina, during such 
     period is categorized as sufficient or modest in the most 
     recent list published under section 399V-7(2) of the Public 
     Health Service Act, which may include any of the following''; 
     and
       (D) by adding at the end the following new clause:
       ``(ii) For the purposes of ensuring continuation of care, 
     any veteran who has been furnished hospital care or medical 
     services under this subparagraph for an illness or condition 
     shall remain eligible for hospital

[[Page S7868]]

     care or medical services for such illness or condition 
     notwithstanding that the evidence of connection of such 
     illness or condition to exposure to a toxic substance at Camp 
     Lejeune, North Carolina, during the period described in 
     clause (i) is not categorized as sufficient or modest in the 
     most recent list published under section 399V-7(2) of the 
     Public Health Service Act.''.
       (2) Family members.--Section 1787 of such title is amended 
     by adding at the end the following new subsection:
       ``(c) Continuation of Care.--For the purposes of ensuring 
     continuation of care, any individual who has been furnished 
     hospital care or medical services under this section for an 
     illness or condition shall remain eligible for hospital care 
     or medical services for such illness or condition 
     notwithstanding that the illness or condition is no longer 
     described in section 1710(e)(1)(F) of this title.''.
       (3) Transfer of amounts for program.--Notwithstanding any 
     other provision of law, for each of fiscal years 2022 and 
     2023, the Secretary of Veterans Affairs shall transfer 
     $2,000,000 from amounts made available to the Department of 
     Veterans Affairs for medical support and compliance to the 
     Chief Business Office and Financial Services Center of the 
     Department to be used to continue building and enhancing the 
     claims processing system, eligibility system, and web portal 
     for the Camp Lejeune Family Member Program of the Department.
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