Examination of Exposures to Environmental Hazards During Military Service and Health Care for Atsugi Naval Air Facility Veterans and their Families Act of 2014 - Directs the Secretaries of Defense (DOD) and Veterans Affairs (VA) to jointly establish the Advisory Board on Environmental Exposures at Atsugi Naval Air Facility to provide expert advice to DOD and VA on matters relating to exposure of current and former members of the Armed Forces (members) and their dependents to environmental hazards at Atsugi Naval Air Facility, Japan, during the period beginning in 1983 in which the air, water, or soil at such facility was contaminated due to an incinerator.
Requires the Board to: (1) consider and study cases of such exposure, (2) evaluate submitted exposure claims, and (3) recommend to such Secretaries that either a claim is insufficient to warrant further consideration or is sufficient to warrant health care or compensation. Authorizes the Board to convene a science panel to consider exposure claims and report results to the Board.
Authorizes the Secretary of Defense (Secretary) to provide to such members and dependents the health care benefits recommended by the Board.
Requires the Secretary to: (1) compile a list of individuals exposed to environmental hazards at the facility during the period in which the air, water, or soil was contaminated; and (2) report to the armed services and veterans' affairs committees on the compilation of such list.
Directs the Secretary to report annually to such committees on health care and other benefits provided under this Act, including a description of procedures used to identify exposed individuals.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4517 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4517
To authorize the provision of health care for certain individuals
exposed to environmental hazards at Atsugi Naval Air Facility, to
establish an advisory board to examine exposures to environmental
hazards at such Air Facility, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 29, 2014
Mr. Schrader introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committee on
Veterans' Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize the provision of health care for certain individuals
exposed to environmental hazards at Atsugi Naval Air Facility, to
establish an advisory board to examine exposures to environmental
hazards at such Air Facility, 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
Atsugi Naval Air Facility Veterans and their Families Act of 2014''.
SEC. 2. ADVISORY BOARD ON ENVIRONMENTAL EXPOSURES AT ATSUGI NAVAL AIR
FACILITY.
(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 Environmental Exposures at Atsugi Naval Air
Facility'') to provide expert advice to the Department of Defense and
the Department of Veterans Affairs on matters relating to the exposure
of current and former members of the Armed Forces and their dependants
to environmental hazards at Atsugi Naval Air Facility, Japan, during
the period beginning in 1983, as determined by the Advisory Board, in
which the air, water, or soil at Atsugi Naval Air Facility were
contaminated due to an incinerator.
(b) Composition.--The Advisory Board shall consist of seven
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 three-year terms, subject to renewal, but not longer than
six 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 one-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.
(j) Termination.--Notwithstanding section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.), the Advisory Board shall
terminate on the date that is 12 years after the date of the enactment
of this Act.
SEC. 3. CONSIDERATION OF ENVIRONMENTAL EXPOSURES AT ATSUGI NAVAL AIR
FACILITY, JAPAN.
(a) In General.--The purpose of the Advisory Board established
under section 3 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 Atsugi Naval Air Facility, Japan,
during the period beginning in 1983, as determined by the Advisory
Board, in which the air, water, or soil at Atsugi Naval Air Facility
were contaminated due to an incinerator. The Advisory Board shall
evaluate claims related to hazardous environmental exposures at such
Air Facility 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 such a 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 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
claim under this section.
(2) Composition.--A science advisory panel convened under
this subsection shall consist of seven 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 one-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
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 hazardous environmental 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 hazardous environmental
exposure cases under this section.
(f) Termination.--Notwithstanding section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.), the Advisory Board shall
terminate on the date that is 12 years after the date of the enactment
of this Act.
SEC. 4. 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 establish procedures for
identifying and compiling a list of individuals exposed to
environmental hazards at Atsugi Naval Air Facility, Japan, during the
period beginning in 1983, as determined by the Secretaries, in which
the air, water, or soil at Atsugi Naval Air Facility were 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 Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate and the Committee on Armed
Services and the Committee on Veterans' Affairs of the House of
Representatives 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.
SEC. 5. 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 Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate and the Committee on Armed Services and
the Committee on Veterans' Affairs of the House of Representatives 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) A description of the procedures used to identify
individuals exposed to environmental hazards at Atsugi Naval
Air Facility, Japan.
(4) Recommendations for any additional legislation
necessary to implement this Act.
SEC. 6. 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 hazardous environmental exposures at Atsugi Naval
Air Facility, Japan.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Military Personnel.
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