[Congressional Record Volume 168, Number 100 (Monday, June 13, 2022)]
[Senate]
[Pages S2914-S2915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.

                          ____________________