Title: Janey Ensminger Act of 2017
Policy area: Armed Forces and National Security

Summary:
Janey Ensminger Act of 2017
This bill amends the Public Health Service Act to direct the Agency for Toxic Substances and Disease Registry, at least every three years, to:
A veteran who served on active duty at Camp Lejeune for at least 30 days during such period is eligible for hospital care and medical services for any of the illnesses or conditions for which the evidentiary connection between toxic exposure and the illness or condition is categorized in such list as sufficient or modest. Such a veteran who has been furnished hospital care or medical services shall remain eligible for such care or services for such illness or condition even if the evidentiary connection is not categorized as sufficient or modest. A family member of such veteran who has been furnished hospital care or medical services shall remain eligible for hospital care or medical services for such illness or condition.
The Department of Veterans Affairs shall transfer for each of FY2017 and FY2018 specified finds to enhance the claims processing system, eligibility system, and web portal for the Camp Lejeune Family Member Program.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 758 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 758

 To amend the Public Health Service Act with respect to the Agency for 
   Toxic Substances and Disease Registry's review and publication of 
illness and conditions relating to veterans stationed at Camp Lejeune, 
   North Carolina, and their family members, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2017

     Mr. Burr (for himself, Mr. Tillis, Mr. Nelson, and Mr. Rubio) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Public Health Service Act with respect to the Agency for 
   Toxic Substances and Disease Registry's review and publication of 
illness and conditions relating to veterans stationed at Camp Lejeune, 
   North Carolina, and their family members, 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 ``Janey Ensminger Act of 2017''.

SEC. 2. REVIEW OF ILLNESSES AND CONDITIONS RELATING TO VETERANS 
              STATIONED AT CAMP LEJEUNE, NORTH CAROLINA, AND THEIR 
              FAMILY MEMBERS.

    (a) Review and Publication of Illness or Condition.--Part P of 
title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is 
amended by adding at the end the following:

``SEC. 399V-7. REVIEW AND PUBLICATION OF ILLNESSES AND CONDITIONS.

    ``(a) In General.--Consistent with section 104(i) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, not later than 1 year after the date of enactment of this 
section, and not less frequently than once every 3 years thereafter, 
the Secretary, acting through the Administrator of the Agency for Toxic 
Substances and Disease Registry, shall--
            ``(1)(A) review the scientific literature relevant to the 
        relationship between the employment or residence of individuals 
        at Camp Lejeune, North Carolina, for not fewer than 30 days 
        during the period beginning on August 1, 1953, and ending on 
        December 21, 1987, and specific illnesses or conditions 
        incurred by those individuals;
            ``(B) determine each illness or condition for which there 
        is evidence that exposure to a toxic substance at Camp Lejeune, 
        North Carolina, during the period specific in subparagraph (A) 
        may be a cause of the illness or condition; and
            ``(C) with respect to each illness or condition for which a 
        determination has been made under subparagraph (B), categorize 
        the evidence of the connection of the illness or condition to 
        exposure described in that subparagraph as--
                    ``(i) sufficient to conclude with reasonable 
                confidence that the exposure is a cause of the illness 
                or condition;
                    ``(ii) modest supporting causation, but not 
                sufficient to conclude with reasonable confidence that 
                exposure is a cause of the illness or condition; or
                    ``(iii) no more than limited supporting causation;
            ``(2) publish in the Federal Register and on the Internet 
        website of the Department of Health and Human Services--
                    ``(A) a list of each illness or condition for which 
                a determination has been made under paragraph (1)(B), 
                including the categorization of the evidence of causal 
                connection relating to the illness or condition under 
                paragraph (1)(C); and
                    ``(B) the bibliographic citations for all 
                literature reviewed under paragraph (1) for each 
                illness or condition listed under such paragraph; and
            ``(3) update the list under paragraph (2), as applicable, 
        to add an illness or condition for which a determination has 
        been made under paragraph (1)(B), including the categorization 
        of the evidence of causal connection relating to the illness or 
        condition under paragraph (1)(C), since such list was last 
        updated consistent with the requirements of this subsection.''.
    (b) Eligibility for Health Care From Department of Veterans 
Affairs.--
            (1) In general.--Section 1710(e)(1)(F) of title 38, United 
        States Code, is amended--
                    (A) by redesignating clauses (i) through (xv) as 
                subclauses (I) through (XV), respectively;
                    (B) by striking ``(F) Subject to'' and inserting 
                ``(F)(i) Subject to'';
                    (C) by striking ``any of the following'' and 
                inserting ``any of the illnesses or conditions for 
                which the evidence of connection of the illness or 
                condition to exposure to a toxic substance at Camp 
                Lejeune, North Carolina, during such period is 
                categorized as sufficient or modest in the most recent 
                list published under section 399V-7(a)(2) of the Public 
                Health Service Act, which may include any of the 
                following''; and
                    (D) by adding at the end the following new clause:
    ``(ii) For the purposes of ensuring continuation of care, any 
veteran who has been furnished hospital care or medical services under 
this subparagraph for an illness or condition shall remain eligible for 
hospital care or medical services for such illness or condition 
notwithstanding that the evidence of connection of such illness or 
condition to exposure to a toxic substance at Camp Lejeune, North 
Carolina, during the period described in clause (i) is not categorized 
as sufficient or modest in the most recent list published under section 
399V-7(a)(2) of the Public Health Service Act.''.
            (2) Family members.--Section 1787 of such title is amended 
        by adding at the end the following new subsection:
    ``(c) Continuation of Care.--For the purposes of ensuring 
continuation of care, any individual who has been furnished hospital 
care or medical services under this section for an illness or condition 
shall remain eligible for hospital care or medical services for such 
illness or condition notwithstanding that the illness or condition is 
no longer described in section 1710(e)(1)(F) of this title.''.
            (3) Transfer of amounts for program.--Notwithstanding any 
        other provision of law, for each of fiscal years 2017 and 2018, 
        the Secretary of Veterans Affairs shall transfer $2,000,000 
        from amounts made available to the Department of Veterans 
        Affairs for medical support and compliance to the Chief 
        Business Office and Financial Services Center of the Department 
        to be used to continue building and enhancing the claims 
        processing system, eligibility system, and web portal for the 
        Camp Lejeune Family Member Program of the Department.
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