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[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>
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