[Congressional Record Volume 168, Number 100 (Monday, June 13, 2022)]
[Senate]
[Pages S2912-S2915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5077. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 5051 proposed by Mr. Tester (for himself and Mr. Moran) 
to the bill H.R. 3967, to improve health care and benefits for veterans 
exposed to toxic substances, and for other purposes; which was ordered 
to lie on the table; as follows:

        On page 72, strike lines 10 through 15, and insert the 
     following:
       (E) Pre-existing health status of the veteran, including 
     with respect to asthma, tobacco use, and diet.
       (F) Relevant personal information of the veteran.
                                 ______
                                 
  SA 5078. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 5051 proposed by Mr.

[[Page S2913]]

Tester (for himself and Mr. Moran) to the bill H.R. 3967, to improve 
health care and benefits for veterans exposed to toxic substances, and 
for other purposes; which was ordered to lie on the table; as follows:

        Beginning on page 118, strike line 9 and all that follows 
     through page 120, line 7, and insert the following:
       ``(c) Authorization of Appropriations.--(1) There is 
     authorized to be appropriated to the Fund for fiscal year 
     2023 through fiscal year 2031 such sums as are necessary, 
     pursuant to the limitation in paragraph (2), to increase 
     funding, over the fiscal year 2021 level, for investment in--
       ``(A) the delivery of veterans' health care associated with 
     exposure to environmental hazards in the active military, 
     naval, air, or space service in programs administered by the 
     Under Secretary for Health;
       ``(B) any expenses incident to the delivery of veterans' 
     health care and benefits associated with exposure to 
     environmental hazards in the active military, naval, air, or 
     space service, including administrative expenses, such as 
     information technology and claims processing and appeals, and 
     excluding leases as authorized or approved under section 8104 
     of this title; and
       ``(C) medical and other research relating to exposure to 
     environmental hazards.
       ``(2) Limitation.--For the period of fiscal years 2023 
     through 2031, amounts authorized to be appropriated to the 
     Fund may not exceed a cumulative total of $116,800,000,000.
       ``(d) Budget Scorekeeping.--(1) Immediately upon enactment 
     of the Sergeant First Class Heath Robinson Honoring our 
     Promise to Address Comprehensive Toxics Act of 2022, expenses 
     authorized to be appropriated to the Fund in subsection (c) 
     shall be estimated for fiscal year 2023 through fiscal year 
     2031 and treated as budget authority that is considered to be 
     direct spending--
       ``(A) in the baseline for purposes of section 257 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 907);
       ``(B) by the Chairman of the Committee on the Budget of the 
     Senate and the Chair of the Committee on the Budget of the 
     House of Representatives, as appropriate, for purposes of 
     budget enforcement in the Senate and the House of 
     Representatives;
       ``(C) under the Congressional Budget Act of 1974 (2 U.S.C. 
     621 et seq.), including in the reports required by section 
     308(b) of such Act (2 U.S.C. 639); and
       ``(D) for purposes of the Statutory Pay-As-You-Go Act of 
     2010 (2 U.S.C. 931 et seq.).
       ``(2)(A) Except as provided in subparagraph (B), amounts 
     appropriated to the Fund for fiscal years 2023 through 2031 
     pursuant to this section shall be counted as direct spending 
     under the Congressional Budget and Impoundment Control Act of 
     1974 (2 U.S.C. 621 et seq.) and any other Act.
       ``(B) Any amounts appropriated to the Fund in excess of the 
     amount specified under subsection (c)(2) shall be scored as 
     discretionary budget authority and outlays for any estimate 
     of an appropriations Act.''.
                                 ______
                                 
  SA 5079. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 5051 proposed by Mr. Tester (for himself and Mr. Moran) to 
the bill H.R. 3967, to improve health care and benefits for veterans 
exposed to toxic substances, and for other purposes; which was ordered 
to lie on the table; as follows:

        Beginning on page 118, strike line 9 and all that follows 
     through page 119, line 2, and insert the following:
       ``(a) Authorization of Appropriations.--(1) There is 
     authorized to be appropriated to the Fund for fiscal year 
     2023 through fiscal year 2031 such sums as are necessary, 
     pursuant to the limitation in paragraph (2), to increase 
     funding, over the fiscal year 2021 level, for investment in--
       ``(A) the delivery of veterans' health care associated with 
     exposure to environmental hazards in the active military, 
     naval, air, or space service in programs administered by the 
     Under Secretary for Health;
       ``(B) any expenses incident to the delivery of veterans' 
     health care and benefits associated with exposure to 
     environmental hazards in the active military, naval, air, or 
     space service, including administrative expenses, such as 
     information technology and claims processing and appeals, and 
     excluding leases as authorized or approved under section 8104 
     of this title; and
       ``(C) medical and other research relating to exposure to 
     environmental hazards.
       ``(2) Limitation.--For the period of fiscal years 2023 
     through 2031, amounts authorized to be appropriated to the 
     Fund may not exceed a cumulative total of 
     $116,800,000,000.''.
       On page 119, line 8, strike ``and each subsequent fiscal 
     year'' and insert ``through fiscal year 2031''.
       On page 120, strike lines 1 through 7 and insert the 
     following:
       ``(2)(A) Except as provided in subparagraph (B), amounts 
     appropriated to the Fund for fiscal years 2023 through 2031 
     pursuant to this section shall be counted as direct spending 
     under the Congressional Budget and Impoundment Control Act of 
     1974 (2 U.S.C. 621 et seq.) and any other Act.
       ``(B) Any amounts appropriated to the Fund in excess of the 
     amount specified under subsection (c)(2) shall be scored as 
     discretionary budget authority and outlays for any estimate 
     of an appropriations Act.''.
                                 ______
                                 
  SA 5080. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 5051 proposed by Mr. Tester (for himself and Mr. Moran) to 
the bill H.R. 3967, to improve health care and benefits for veterans 
exposed to toxic substances, and for other purposes; which was ordered 
to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. ANNUAL REPORT AND RECISSIONS.

       (a) Annual Report.--Not later than September 30 of each 
     fiscal year, the Secretary of Veterans Affairs shall submit 
     to Congress and transmit to the Secretary of the Treasury a 
     report detailing the amounts, denoted in dollars, expended by 
     the Department of Veterans Affairs in that fiscal year to 
     carry out this Act and the amendments made by this Act.
       (b) Annual Recissions.--At the beginning of each fiscal 
     year, beginning with the first fiscal year beginning after 
     the date of the enactment of this Act, the Secretary of the 
     Treasury shall rescind, from such accounts of the Treasury as 
     the Secretary considers appropriate, amounts that were 
     appropriated to such accounts more than five years previously 
     and remain unobligated. The total amount rescinded under this 
     subsection in a fiscal year shall be equal to the total 
     amount last reported by the Secretary under subsection (a).
                                 ______
                                 
  SA 5081. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 5051 proposed by Mr. Tester (for himself and Mr. Moran) to 
the bill H.R. 3967, to improve health care and benefits for veterans 
exposed to toxic substances, and for other purposes; which was ordered 
to lie on the table; as follows:

        At the end of title VIII, add the following:

     SEC. 809. NATIONAL SECURITY STRATEGY SAVINGS PLAN 
                   REQUIREMENT.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     plan to save $280,000,000,000 relative to the National 
     Security Strategy.
                                 ______
                                 
  SA 5082. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 5051 proposed by Mr. Tester (for himself and Mr. Moran) to 
the bill H.R. 3967, to improve health care and benefits for veterans 
exposed to toxic substances, and for other purposes; which was ordered 
to lie on the table; as follows:

        At the end, add the following:

                         TITLE X--OTHER MATTERS

     SEC. 1001. CERTIFICATION AND REPORT ON TOXIC EXPOSURES 
                   EXPERIENCED BY MEMBERS OF THE ARMED FORCES.

       (a) In General.--The Secretary of Defense shall establish a 
     complaint system through which a member of the Armed Forces 
     may report any toxic exposure of such member in connection 
     with service in the Armed Forces.
       (b) Toxic Exposure Defined.--In this section, the term 
     ``toxic exposure'' has the meaning given such term in section 
     101 of title 38, United States Code, as amended by section 
     102(b).
                                 ______
                                 
  SA 5083. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 5051 proposed by Mr. Tester (for himself and Mr. Moran) to 
the bill H.R. 3967, to improve health care and benefits for veterans 
exposed to toxic substances, and for other purposes; which was ordered 
to lie on the table; as follows:

        At the end, add the following:

                         TITLE X--OTHER MATTERS

     SEC. 1001. SYSTEM TO RECEIVE REPORTS ON TOXIC EXPOSURES 
                   EXPERIENCED BY MEMBERS OF THE ARMED FORCES.

       (a) In General.--The Secretary of Defense shall establish a 
     system through which a member of the Armed Forces may report 
     any suspected incident of toxic exposure experienced by such 
     member in connection with service in the Armed Forces.
       (b) Toxic Exposure Defined.--In this section, the term 
     ``toxic exposure'' has the meaning given such term in section 
     101 of title 38, United States Code, as amended by section 
     102(b).
                                 ______
                                 
  SA 5084. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 5051 proposed by Mr. Tester (for himself and Mr. Moran) to 
the bill H.R. 3967, to improve health care and benefits for veterans 
exposed to toxic substances, and for other purposes; which was ordered 
to lie on the table; as follows:

        On page 121, between lines 12 and 13, insert the 
     following:
       (c) Plan for Use of Funds.--The Secretary of Veterans 
     Affairs shall submit to the Committee on Appropriations of 
     the Senate and the Committee on Appropriations of the House 
     of Representatives a detailed plan for obligating and 
     expending amounts from

[[Page S2914]]

     the Cost of War Toxic Exposures Fund, including a detailed 
     justification for each type of obligation of such amounts.
       (d) Inspector General of Department of Veterans Affairs 
     Audits and Reports.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Inspector General of the Department of Veterans Affairs shall 
     submit to the Committee on Appropriations of the Senate and 
     the Committee on Appropriations of the House of 
     Representatives a report examining the obligations and 
     expenditures made using amounts from the Cost of War Toxic 
     Exposures Fund during the period covered by the report.
       (2) Contents.--Each report under paragraph (1) shall 
     include the following:
       (A) A comparison of how the amounts from the Cost of War 
     Toxic Exposures Fund are being obligated and expended to how 
     the amounts were planned to be obligated and expended in the 
     plan under subsection (c).
       (B) Identification of waste, fraud, and abuse, if any.
       (C) Such other matters as the Inspector General determines 
     relevant.
       (e) Comptroller General of the United States Reviews.--
       (1) Interim report.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Appropriations 
     of the Senate and the Committee on Appropriations of the 
     House of Representatives an interim report containing a 
     review of obligations and expenditures made using covered 
     funds.
       (B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       (i) A review of the process of the Department of Veterans 
     Affairs for preparing the request for amounts from the Cost 
     of War Toxic Exposures Fund.
       (ii) An explanation of how the expenditure of such amounts 
     met the goals of the Department.
       (2) Final report.--Not later than September 30, 2024, the 
     Comptroller General shall submit to the Committee on 
     Appropriations of the Senate and the Committee on 
     Appropriations of the House of Representatives a final report 
     on the matters specified under paragraph (1).
                                 ______
                                 
  SA 5085. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 3967, to improve health care and benefits for 
veterans exposed to toxic substances, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. OFFSET THROUGH TEMPORARY REDUCTION IN FOREIGN 
                   ASSISTANCE PROGRAMS.

       During the 10-year period beginning on October 1, 2022, no 
     Federal funds may be expended by the United States Agency for 
     International Development other than funds that have been 
     appropriated for Israel.
                                 ______
                                 
  SA 5086. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 5051 proposed by Mr. Tester (for himself and Mr. Moran) 
to the bill H.R. 3967, to improve health care and benefits for veterans 
exposed to toxic substances, and for other purposes; which was ordered 
to lie on the table; as follows:

        On page 72, line 25, strike ``gender,''.

                                 ______
                                 
  SA 5087. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3967, to improve health care and benefits for 
veterans exposed to toxic substances, and for other purposes; which was 
ordered to lie on the table; as follows:

        On page 1, line 3, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 5088. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3967, to improve health care and benefits for 
veterans exposed to toxic substances, and for other purposes; which was 
ordered to lie on the table; as follows:

        On page 1, line 3, strike ``3 days'' and insert ``4 
     days''.
                                 ______
                                 
  SA 5089. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3967, to improve health care and benefits for 
veterans exposed to toxic substances, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end add the following:

     SEC. __. EFFECTIVE DATE.

       This Act shall take effect on the date that is 5 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 5090. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3967, to improve health care and benefits for 
veterans exposed to toxic substances, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 3, strike ``5'' and insert ``6''.
                                 ______
                                 
  SA 5091. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3967, to improve health care and benefits for 
veterans exposed to toxic substances, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 3, strike ``6 days'' and insert ``7 days''.
                                 ______
                                 
  SA 5092. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3967, to improve health care and benefits for 
veterans exposed to toxic substances, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end add the following:

     SEC. __. EFFECTIVE DATE.

       This Act shall take effect on the date that is 8 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 5093. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3967, to improve health care and benefits for 
veterans exposed to toxic substances, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 3, strike ``8 days'' and insert ``9 days''.
                                 ______
                                 
  SA 5094. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 5051 proposed by Mr. Tester (for himself and Mr. Moran) to 
the bill H.R. 3967, to improve health care and benefits for veterans 
exposed to toxic substances, and for other purposes; which was ordered 
to lie on the table; as follows:

        Beginning on page 114, strike line 3 and all that follows 
     through page 117, line 21, and insert the following:

     SEC. 804. CAMP LEJEUNE, NORTH CAROLINA, CONTAMINATED WATER 
                   EXPOSURE COMPENSATION.

       (a) In General.--An individual, including a veteran (as 
     defined in section 101 of title 38, United States Code), who 
     resided, worked, or was otherwise exposed (including in utero 
     exposure) for not less than 30 days during the period 
     beginning on August 1, 1953, and ending on December 31, 1987, 
     to water at Camp Lejeune, North Carolina, that was supplied 
     by, or on behalf of, the United States, or the legal 
     representative of such an individual, may file a claim for 
     compensation with the Attorney General to obtain appropriate 
     relief for harm that was caused by exposure to the water at 
     Camp Lejeune.
       (b) Determination and Payment of Claims.--
       (1) Establishment of filing procedures.--
       (A) Procedures.--The Attorney General shall establish 
     procedures for submission of claims under subsection (a) for 
     compensation under this section.
       (B) Burden of proof.--The burden of proof shall be on the 
     party submitting a claim under subsection (a) to show it is 
     more likely than not that the water at Camp Lejeune caused 
     the claimed harm.
       (2) Determination of claims.--
       (A) In general.--(i) The Attorney General shall, in 
     accordance with this section, determine whether each claim 
     filed under subsection (a) meets the requirements of this 
     section.
       (ii) All reasonable doubt with regard to whether a claim 
     meets the requirements of this section shall be resolved in 
     favor of the claimant.
       (B) Consultation.--The Attorney General shall, in 
     consultation with the Secretary of Health and Human Services, 
     the Secretary of Defense, and the Secretary of Veterans 
     Affairs, establish guidelines for determining what 
     documentation is necessary to establish a basis for 
     eligibility for compensation for an injury or condition based 
     on exposure to water at Camp Lejeune.
       (C) Payment of claims.--
       (i) In general.--The Attorney General shall pay, from 
     amounts available in the Camp Lejeune Fund, claims filed 
     under subsection (a) that the Attorney General determines 
     meet the requirements of this section.
       (ii) Health and disability benefits relating to water 
     exposure.--The Attorney General may offset from any 
     compensation awarded to an individual under this section by 
     the amount of any disability compensation, payment, or 
     benefit provided to the individual--

       (I) under--

       (aa) any program under the laws administered by the 
     Secretary of Veterans Affairs;
       (bb) the Medicare program under title XVIII of the Social 
     Security Act (42 U.S.C. 1395 et seq.); or
       (cc) the Medicaid program under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.); and

       (II) in connection with health care or a disability 
     relating to exposure to the water at Camp Lejeune.

       (iii) Veterans and labor offsets.--The Secretary of 
     Veterans Affairs and the Secretary of Labor may each offset 
     from any award made to an individual under a provision of law 
     administered by the respective

[[Page S2915]]

     Secretary compensation awarded under this section to such 
     individual.
       (iv) Right of subrogation.--Upon payment of compensation 
     pursuant to a claim under subsection (a), the United States 
     Government is subrogated for the amount of the payment to a 
     right or claim that the individual to whom the payment was 
     made may have against any person on account of injuries 
     referred to in such subsection.
       (v) Guidelines.--The Attorney General shall establish 
     guidelines for determining amounts of compensation under this 
     section for injuries or conditions, including reasonable 
     compensation for medical expenses, lost wages, and pain and 
     suffering.
       (D) Action on claims.--
       (i) In general.--(I) The Attorney General shall complete 
     the determination on each claim filed under subsection (a) in 
     accordance with the procedures established under paragraph 
     (1)(A) not later than 12 months after the date on which the 
     claim is filed under such subsection.
       (II) For purposes of determining when the 12-month period 
     ends, a claim filed under subsection (a) shall be deemed 
     filed as of the date of its receipt by the Attorney General.
       (III) In the event of the denial of a claim under this 
     section, the claimant shall be permitted a reasonable period 
     in which to seek administrative review of the denial by the 
     Attorney General.
       (IV) The Attorney General shall make a final determination 
     with respect to any administrative review under subclause 
     (III) within 90 days after the receipt of the claimant's 
     request for such review.
       (ii) Additional information.--The Attorney General may 
     request from any claimant under this section any reasonable 
     additional information or documentation necessary to complete 
     the determination on the claim in accordance with the 
     procedures established under paragraph (1)(A).
       (iii) Payment within 6 weeks.--The Attorney General shall 
     ensure that a claim filed under subsection (a) that is 
     approved under this section is paid not later than 6 weeks 
     after the date on which such claim is approved.
       (E) Payment in full settlement of claims against the united 
     states.--Except as otherwise authorized by law, the 
     acceptance of payment by an individual under this section 
     shall be in full satisfaction of all claims of or on behalf 
     of that individual against the United States that arise out 
     of exposure to water contamination at Camp Lejeune under 
     subsection (a).
       (F) Judicial review.--(i) An individual whose claim for 
     compensation under this section is denied may seek judicial 
     review within 180 days of denial solely in a district court 
     of the United States.
       (ii) The court shall have jurisdiction to review the denial 
     on the administrative record and shall hold unlawful and set 
     aside the denial if it is arbitrary, capricious, an abuse of 
     discretion, or otherwise not in accordance with law.
       (c) Attorney Fees.--
       (1) General rule.--Notwithstanding any contract, the 
     representative of an individual may not receive, for services 
     rendered in connection with the claim of an individual under 
     this section, more than that percentage specified in 
     paragraph (2) of a payment made under this section on such 
     claim.
       (2) Applicable percentage limitations.--The percentage 
     referred to in paragraph (1) is--
       (A) 2 percent for the filing of an initial claim; and
       (B) 10 percent with respect to--
       (i) any claim with respect to which a representative has 
     made a contract for services before the date of the enactment 
     of this Act; or
       (ii) a resubmission of a denied claim.
       (3) Penalty.--Any such representative who violates this 
     section shall be fined not more than $5,000.
       (d) Exception for Combatant Activities.--This section does 
     not apply to any claim for harm arising out of the combatant 
     activities of the Armed Forces.
       (e) Period for Filing Claims.--A claim filed under this 
     section may not be commenced after the date that is two years 
     after the date that the Attorney General establishes the 
     procedures required by subsection (b)(1)(A).
       (f) Report.--
       (1) In general.--No later than one year after the effective 
     date set forth in subsection (f) and not less frequently than 
     once each year thereafter, the Attorney General shall, in 
     consultation with the Secretary of Health and Human Services, 
     the Secretary of Defense, the Secretary of Veterans Affairs, 
     and the Secretary of Labor, submit to the appropriate 
     committees of Congress a report on activities under this 
     section.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) The total number of claims filed under this section.
       (B) A description of the harms claimed.
       (C) The number of approved claims.
       (D) The number of claims under review.
       (E) The number of denied claims.
       (F) The amount of each approved claim.
       (G) The total amount of approved claims.
       (H) An analysis and descriptions of offsets made to 
     approved claims.
       (3) Appropriate committees of congress defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means the Committee on the Judiciary, the Committee on Armed 
     Services, the Committee on Veterans Affairs, and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate.

     SEC. 805. CAMP LEJEUNE FUND.

       (a) Establishment.--There is in the Treasury of the United 
     States an account to be known as the ``Camp Lejeune Fund'' 
     (in this section referred to as the ``Fund'').
       (b) Deposits.--There is appropriated to the Fund, out of 
     any money in the Treasury available for appropriation, such 
     sums as may be necessary to pay claims that are determined by 
     the Attorney General under subsection (b)(2)(C)(i) of section 
     804 to meet the requirements of such section.
       (c) Use of Funds.--Amounts in the Fund may be used to 
     provide payment of compensation under section 804.

                          ____________________