II 

Calendar No. 123 

112TH CONGRESS 

1ST SESSION S. 277 

[Report No. 112–42] 

To amend title 38, United States Code, to furnish hospital care, medical 

services, and nursing home care to veterans who were stationed at 

Camp Lejeune, North Carolina, while the water was contaminated at 

Camp Lejeune, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2011 

Mr. BURR (for himself, Mrs. HAGAN, Mr. NELSON of Florida, Mr. GRASSLEY, 

Mr. JOHANNS, Mr. HARKIN, Mr. BLUMENTHAL, Mr. GRAHAM, and Mr. 

ISAKSON) introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

AUGUST 1, 2011 

Reported by Mrs. MURRAY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend title 38, United States Code, to furnish hospital 

care, medical services, and nursing home care to veterans 

who were stationed at Camp Lejeune, North Carolina, 

while the water was contaminated at Camp Lejeune, 

and for other purposes. 


tjames on DSK1DXX6B1PROD with BILLS
2 

•S 277 RS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Caring for Camp 

5 Lejeune Veterans Act of 2011’’. 

6 SEC. 2. HOSPITAL CARE, MEDICAL SERVICES, AND NURS7 ING HOME CARE FOR VETERANS STATIONED 

8 AT CAMP LEJEUNE, NORTH CAROLINA, 

9 WHILE THE WATER WAS CONTAMINATED AT 

10 CAMP LEJEUNE. 

11 (a) IN GENERAL.—Section 1710(e)(1) of title 38, 

12 United States Code, is amended by adding at the end the 

13 following new subparagraph: 

14 ‘‘(F) Subject to paragraph (2), a veteran who, as a 

15 member of the Armed Forces, was stationed at Camp 

16 Lejeune, North Carolina, during a period, determined by 

17 the Secretary in consultation with the Agency for Toxic 

18 Substances and Disease Registry, in which the water at 

19 Camp Lejeune was contaminated by volatile organic com20 pounds, including known human carcinogens and probable 

21 human carcinogens, is eligible for hospital care, medical 

22 services, and nursing home care under subsection 

23 (a)(2)(F) for any illness, notwithstanding that there is in24 sufficient medical evidence to conclude that such illness 

25 is attributable to such contamination.’’. 


tjames on DSK1DXX6B1PROD with BILLS
3 

•S 277 RS

1 (b) FAMILY MEMBERS.— 

2 (1) IN GENERAL.—Subchapter VIII of chapter 

3 17 of title 38, United States Code, is amended by 

4 adding at the end the following new section: 

5 ‘‘§ 1787. Health care of family members of veterans 

6 stationed at Camp Lejeune, North Caro7 lina, while the water was contaminated 

8 at Camp Lejeune 

9 ‘‘(a) IN GENERAL.—A family member of a veteran 

10 described in subparagraph (F) of section 1710(e)(1) of 

11 this title who resided at Camp Lejeune during the period 

12 described in such subparagraph or who was in utero dur13 ing such period while the mother of such family member 

14 resided at such location shall be eligible for hospital care, 

15 medical services, and nursing home care furnished by the 

16 Secretary for any condition, or any disability that is asso17 ciated with such condition, that is associated with expo18 sure to the contaminants in the water at Camp Lejeune 

19 during such period. 

20 ‘‘(b) REGULATIONS.—The Secretary shall prescribe 

21 regulations that specify which— 

22 ‘‘(1) conditions are associated with exposure to 

23 the contaminants described in subsection (a); and 

24 ‘‘(2) disabilities are associated with such condi25 tions.’’. 


tjames on DSK1DXX6B1PROD with BILLS
4 

•S 277 RS

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by inserting after the item relating to section 1786 

4 the following new item: 

‘‘1787. Health care of family members of veterans stationed at Camp Lejeune, 

North Carolina, while the water was contaminated at Camp 

Lejeune.’’. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the Caring for Camp Lejeune 

7 Veterans Act of 2011. 

8 SEC. 2. HOSPITAL CARE, MEDICAL SERVICES, AND NURSING 

9 HOME CARE FOR VETERANS STATIONED AT 

10 CAMP LEJEUNE, NORTH CAROLINA, WHILE 

11 THE WATER WAS CONTAMINATED AT CAMP 

12 LEJEUNE. 

13 (a) IN GENERAL.—Section 1710(e)(1) is amended by 

14 adding at the end the following new subparagraph: 

15 ‘‘(F) Subject to paragraph (2), a veteran who, as a 

16 member of the Armed Forces, was stationed at Camp 

17 Lejeune, North Carolina, during a period, determined by 

18 the Secretary in consultation with the Agency for Toxic 

19 Substances and Disease Registry, in which the water at 

20 Camp Lejeune was contaminated by volatile organic com21 pounds, including known human carcinogens and probable 

22 human carcinogens, is eligible for hospital care, medical 

23 services, and nursing home care under subsection (a)(2)(F) 

24 for any illness, notwithstanding that there is insufficient 


tjames on DSK1DXX6B1PROD with BILLS
5 

•S 277 RS

1 medical evidence to conclude that such illness is attributable 

2 to such contamination.’’. 

3 (b) FAMILY MEMBERS.— 

4 (1) IN GENERAL.—Subchapter VIII of chapter 17 

5 is amended by adding at the end the following new 

6 section: 

7 ‘‘§ 1787. Health care of family members of veterans 

8 stationed at Camp Lejeune, North Caro9 lina, while the water was contaminated at 

10 Camp Lejeune 

11 ‘‘(a) IN GENERAL.—A family member of a veteran de12 scribed in subparagraph (F) of section 1710(e)(1) of this 

13 title who resided at Camp Lejeune during the period de14 scribed in such subparagraph or who was in utero during 

15 such period while the mother of such family member resided 

16 at such location shall be eligible for hospital care, medical 

17 services, and nursing home care furnished by the Secretary 

18 for any condition, or any disability that is associated with 

19 such condition, that is associated with exposure to the con20 taminants in the water at Camp Lejeune during such pe21 riod. 

22 ‘‘(b) LIMITATION.—The Secretary may only furnish 

23 hospital care, medical services, and nursing home care 

24 under subsection (a) to the extent and in the amount pro25 vided in advance in appropriations Acts for such purpose. 


tjames on DSK1DXX6B1PROD with BILLS
6 

•S 277 RS

1 ‘‘(c) REGULATIONS.—The Secretary shall prescribe 

2 regulations that specify which— 

3 ‘‘(1) conditions are associated with exposure to 

4 the contaminants described in subsection (a); and 

5 ‘‘(2) disabilities are associated with such condi6 tions.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such chapter is amended by 

9 inserting after the item relating to section 1786 the 

10 following new item: 

‘‘1787. Health care of family members of veterans stationed at Camp Lejeune, 

North Carolina, while the water was contaminated at Camp 

Lejeune.’’. 

11 (c) REIMBURSEMENT BY SECRETARY OF DEFENSE.— 

12 Section 8111 is amended— 

13 (1) by redesignating subsections (f) and (g) as 

14 subsections (g) and (h), respectively; and 

15 (2) by inserting after subsection (e) the following 

16 new subsection (f): 

17 ‘‘(f) CAMP LEJEUNE.—(1) The Secretary of Defense 

18 shall enter into an agreement with the Secretary of Veterans 

19 Affairs under subsection (a) to reimburse the Secretary of 

20 Veterans Affairs, from amounts appropriated to the Sec21 retary of Defense, for the costs of all hospital care, medical 

22 services, and nursing home care provided under sections 

23 1710(e)(1)(F) and 1787 of this title. 


tjames on DSK1DXX6B1PROD with BILLS
7 

•S 277 RS

1 ‘‘(2) Costs described in paragraph (1) shall include 

2 reasonable and customary charges associated with oversight 

3 and administration of the care and services described in 

4 such paragraph. 

5 ‘‘(3) The Secretary of Veterans Affairs may use the au6 thority provided under section 1781 of this title, or such 

7 other existing discretionary authorities as the Secretary 

8 considers appropriate, to arrange for care and services de9 scribed in paragraph (1).’’. 

10 (d) EFFECTIVE DATE.— 

11 (1) IN GENERAL.—The provisions of this section 

12 and the amendments made by this section shall take 

13 effect on October 1, 2012. 

14 (2) APPLICABILITY.—Subparagraph (F) of sec15 tion 1710(e)(1) of such title, as added by subsection 

16 (a), and section 1787 of such title, as added by sub17 section (b), shall apply with respect to hospital care, 

18 medical services, and nursing home care provided on 

19 or after October 1, 2012. 

20 SEC. 3. MERGER AND CONSOLIDATION OF DEFENSE COM21 MISSARY AND EXCHANGE SYSTEMS. 

22 (a) MERGER AND CONSOLIDATION.— 

23 (1) IN GENERAL.—Commencing in fiscal year 

24 2012, the Secretary of Defense shall merge and con25 solidate the system of commissary stores and the sysVerDate Mar 15 2010 00:44 Aug 02, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S277.RS S277

tjames on DSK1DXX6B1PROD with BILLS
8 

•S 277 RS

1 tem of exchange stores operated under chapter 147 of 

2 title 10, United States Code, into a single world-wide 

3 system of commissary stores and exchange stores in 

4 order to achieve a single system of stores that operates 

5 on a self-sufficient basis without the need for finan6 cial support through appropriated funds by not later 

7 than September 30, 2015. 

8 (2) CONFORMING AMENDMENTS.—Section 2481 

9 of title 10, United States Code, is amended— 

10 (A) in subsection (a)— 

11 (i) by striking ‘‘SEPARATE SYS12 TEMS.—’’ and inserting ‘‘IN GENERAL.—’’; 

13 and 

14 (ii) by striking ‘‘a world-wide system’’ 

15 and all that follows through ‘‘The stores of 

16 each system’’ and inserting ‘‘a single world17 wide system of commissary stores and ex18 changes stores. The stores of such system’’; 

19 (B) in subsection (b)— 

20 (i) by striking ‘‘PURPOSE OF SYS21 TEMS.—’’ and inserting ‘‘PURPOSE OF SYS22 TEM.—’’; and 

23 (ii) by striking ‘‘commissary system 

24 and the exchange system’’ and inserting 

25 ‘‘commissary and exchange system’’; 


tjames on DSK1DXX6B1PROD with BILLS
9 

•S 277 RS

1 (C) in subsection (c)— 

2 (i) in paragraph (1), by striking ‘‘both 

3 the defense commissary system and the ex4 change system’’ and inserting ‘‘the com5 missary and exchange system’’; and 

6 (ii) in paragraph (2), by striking ‘‘ex7 change systems’’ and all that follows and 

8 inserting ‘‘exchange system.’’; 

9 (D) by redesignating subsection (d) as sub10 section (e); and 

11 (E) by inserting after subsection (c) the fol12 lowing new subsection (d): 

13 ‘‘(d) CONSTRUCTION OF REFERENCES.—Any reference 

14 in this subchapter to a commissary store shall be deemed 

15 to be a reference to a store operated under the single system 

16 of commissary stores and exchange stores required by sub17 section (a). Any reference in this subchapter to the defense 

18 commissary system shall be deemed to be a reference to such 

19 system of commissary stores and exchange stores.’’. 

20 (3) CONSTRUCTION OF PROVISIONS.—This sub21 section and the amendments made by this subsection 

22 are intended as a specific authorization by Act of 

23 Congress for the consolidation and merger of the sys24 tem of commissary stores and the system of exchange 

25 stores operated and maintained by the Department of 


tjames on DSK1DXX6B1PROD with BILLS
10 

•S 277 RS

1 Defense under chapter 147 of title 10, United States 

2 Code, within the meaning of section 2487(b) of such 

3 title. 

4 (4) PROHIBITION ON USE OF APPROPRIATED

5 FUNDS AFTER FISCAL YEAR 2015.—Notwithstanding 

6 any provision of chapter 147 of title 10, United 

7 States Code, or any other provision of law, funds ap8 propriated or otherwise made available for the De9 partment of Defense may not be obligated or expended 

10 for or in connection with the system of commissary 

11 stores and exchange stores operated by the Depart12 ment of Defense under that chapter on or after Octo13 ber 1, 2015. 

14 (b) CONFORMING REPEALS.—Sections 2487 and 2488 

15 of title 10, United States Code, are repealed. 

16 (c) CLERICAL AMENDMENTS.— 

17 (1) HEADING AMENDMENT.—The heading of sec18 tion 2481 of such title is amended to read as follows: 

19 ‘‘§ 2481. Commissary and exchange system: existence 

20 and purpose’’. 

21 (2) SUBCHAPTER I.—The table of sections at the 

22 beginning of subchapter I of chapter 147 of such title 

23 is amended by striking the item relating to section 

24 2481 and inserting the following new item: 

‘‘2481. Commissary and exchange system: existence and purpose.’’. 


tjames on DSK1DXX6B1PROD with BILLS
11 

•S 277 RS

1 (3) SUBCHAPTER II.—The table of sections at the 

2 beginning of subchapter II of such chapter 147 is 

3 amended by striking the items relating to sections 

4 2486 and 2487. 

5 (d) EFFECTIVE DATE.—This section and the amend6 ments made by this section shall take effect on October, 1, 

7 2012. 


tjames on DSK1DXX6B1PROD with BILLS
Calendar No. 123 

112TH CONGRESS 

1ST SESSION S. 277 

[Report No. 112–42] 

A BILL 

To amend title 38, United States Code, to furnish 

purposes. contaminated at Camp Lejeune, and for other Lejeune, North Carolina, while the water was care to veterans who were stationed at Camp hospital care, medical services, and nursing home 

AUGUST 1, 2011 

Reported with an amendment 


tjames on DSK1DXX6B1PROD with BILLS