S.Amdt. 5094

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.

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