Toxic Exposure Research Act of 2014 - Directs the Secretary of Veterans Affairs to select a medical center in the Department of Veterans Affairs (VA) to serve as the national center for research on the diagnosis and treatment of health conditions of descendants (i.e., a biological child, grandchild, or great-grandchild) of individuals exposed to toxic substances while serving as members of the Armed Forces that are related to that exposure.
Requires the national research center to employ at least one licensed clinical social worker to coordinate the access of individuals to appropriate federal, state, and local social and health care programs and to handle case management.
Directs the Secretary to establish an advisory board to: (1) advise the national research center, (2) determine which health conditions in the descendants of individuals who were exposed to toxic substances while serving in the Armed Forces result from such exposure for purposes of determining those descendants' eligibility for VA medical care, and (3) study and evaluate claims of service-related exposure to toxic substances by current and former members of the Armed Forces.
Authorizes the Secretary of Defense (DOD) to declassify documents (other than documents that would materially and immediately threaten national security) related to any known incident in which not less than 100 members of the Armed Forces were exposed to a toxic substance that resulted in at least one case of disability.
Directs the Secretary, the Secretary of Health and Human Services (HHS), and the DOD Secretary to jointly conduct a national outreach and education campaign directed at members of the Armed Forces, veterans, and their family members to communicate information on: (1) incidents of exposure to toxic substances, health conditions resulting form such exposure, and the potential long-term effects of such exposure; and (2) the national research center.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2738 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2738
To establish in the Department of Veterans Affairs a national center
for research on the diagnosis and treatment of health conditions of the
descendants of veterans exposed to toxic substances during service in
the Armed Forces, to establish an advisory board on exposure to toxic
substances, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2014
Mr. Blumenthal (for himself, Mr. Moran, and Mr. Begich) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To establish in the Department of Veterans Affairs a national center
for research on the diagnosis and treatment of health conditions of the
descendants of veterans exposed to toxic substances during service in
the Armed Forces, to establish an advisory board on exposure to toxic
substances, 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 ``Toxic Exposure Research Act of
2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Armed force.--The term ``Armed Force'' means the United
States Army, Navy, Marine Corps, Air Force, or Coast Guard,
including the reserve components thereof.
(2) Descendant.--The term ``descendant'' means, with
respect to an individual, the biological child, grandchild, or
great-grandchild of that individual.
(3) Toxic substance.--The term ``toxic substance'' shall
have the meaning given that term by the Secretary of Veterans
Affairs and shall include all substances that have been proven
by peer reviewed scientific research or a preponderance of
opinion in the medical community to lead to disabilities
related to the exposure of an individual to those substances
while serving as a member of the Armed Forces.
(4) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code.
SEC. 3. NATIONAL CENTER FOR RESEARCH ON THE DIAGNOSIS AND TREATMENT OF
HEALTH CONDITIONS OF THE DESCENDANTS OF INDIVIDUALS
EXPOSED TO TOXIC SUBSTANCES DURING SERVICE IN THE ARMED
FORCES.
(a) National Center.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall, in consultation with the advisory board established
under section 4, select a medical center of the Department of
Veterans Affairs to serve as the national center for research
on the diagnosis and treatment of health conditions of
descendants of individuals exposed to toxic substances while
serving as members of the Armed Forces that are related to that
exposure (in this section referred to as the ``National
Center'').
(2) Criteria for selection.--The National Center shall be
selected under paragraph (1) from among medical centers of the
Department with expertise in diagnosing and treating functional
and structural birth defects and caring for individuals exposed
to toxic substances, or that are affiliated with research
medical centers or teaching hospitals with such expertise, that
seek to be selected under this section.
(b) Research.--
(1) In general.--The National Center may conduct research
on the diagnosis and treatment of health conditions of
descendants of individuals exposed to toxic substances while
serving as members of the Armed Forces that are related to that
exposure.
(2) Studies.--In conducting research under paragraph (1),
the National Center shall study individuals, at the election of
the individual, for whom the Secretary has made one of the
following determinations:
(A)(i) The individual is a descendant of an
individual who served as a member of the Armed Forces;
(ii) such member was exposed to a toxic substance
while serving as a member of the Armed Forces; and
(iii) such descendant is afflicted with a health
condition that is determined by the advisory board
established in section 4 to be a health condition that
results from the exposure of such member to such toxic
substance.
(B)(i) The individual was exposed to a toxic
substance while serving as a member of the Armed
Forces; and
(ii) such individual is afflicted with a health
condition that is determined by the advisory board
established in section 4 to be a health condition that
results from the exposure of such individual to such
toxic substance.
(3) Use of records.--
(A) In general.--The Secretary of Defense or the
head of a Federal agency may make available to the
Secretary of Veterans Affairs for review records held
by the Department of Defense, an Armed Force, or that
Federal agency, as appropriate, that might assist the
Secretary of Veterans Affairs in making the
determinations required by paragraph (2).
(B) Mechanism.--The Secretary of Veterans Affairs
and the Secretary of Defense or the head of the
appropriate Federal agency may jointly establish a
mechanism for the availability and review of records by
the Secretary of Veterans Affairs under subparagraph
(A).
(c) Social Workers.--The National Center shall employ not less than
one licensed clinical social worker to coordinate access of individuals
to appropriate Federal, State, and local social and healthcare programs
and to handle case management.
(d) Reimbursement for Necessary Travel and Room and Board.--The
National Center shall reimburse any individual participating in a study
pursuant to subsection (b), and any parent, guardian, spouse, or
sibling who accompanies such individual, for the reasonable cost of--
(1) travel to the National Center for participation in such
study; and
(2) room and board during the period in which such
individual is participating in such study at the National
Center.
(e) Report.--Not less frequently than annually, the National Center
shall submit a report to Congress on the functions of the National
Center during the year preceding the submittal of the report that
includes a summary of the research efforts of the National Center under
this section that have been completed during such year and that are
ongoing as of the date of the submittal of the report.
SEC. 4. ADVISORY BOARD.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
establish an advisory board (in this section referred to as the
``Advisory Board'')--
(1) to advise the National Center established under section
3;
(2) to determine which health conditions result from
exposure to toxic substances; and
(3) to study and evaluate cases of exposure of current and
former members of the Armed Forces to toxic substances if such
exposure is related the service of the member in the Armed
Forces.
(b) Membership.--
(1) Composition.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall, in consultation with the Secretary of Health and Human
Services, the Director of the National Institute of
Environmental Health Sciences, and other heads of Federal
agencies as the Secretary of Veterans Affairs determines
appropriate, select not less than 13 members of the Advisory
Board, of whom--
(A) not less than three shall be members of
organizations exempt from taxation under section
501(c)(19) of the Internal Revenue Code of 1986;
(B) not less than one shall be--
(i) a descendant of an individual who was
exposed to toxic substances while serving as a
member of the Armed Forces and the descendant
has manifested a birth defect or functional
disability as a result of the exposure of that
individual; or
(ii) a parent, child, or grandchild of that
descendant; and
(C) additional members may be selected from among--
(i) health professionals, scientists, and
academics with expertise in--
(I) birth defects;
(II) developmental disabilities;
(III) epigenetics;
(IV) public health;
(V) the science of environmental
exposure or environmental exposure
assessment;
(VI) the science of toxic
substances; or
(VII) medical and research ethics;
(ii) social workers; and
(iii) advocates for veterans or members of
the Armed Forces.
(2) Chairperson.--The Secretary shall select a Chairperson
from among the members of the Advisory Board.
(3) Terms.--Each member of the Advisory Board shall serve a
term of two or three years as determined by the Secretary.
(c) Duties.--
(1) Advisory role with respect to the national center.--
With respect to the National Center established under section
3, the Advisory Board shall--
(A) oversee and assess the work of the National
Center; and
(B) advise the Secretary of Veterans Affairs on--
(i) issues related to the research
conducted at the National Center; and
(ii) the particular benefits and services
required by the descendants of individuals
exposed to toxic substances while serving as
members of the Armed Forces.
(2) Determination that health conditions resulted from
toxic exposure.--The Advisory Board shall determine which
health conditions in descendants of individuals exposed to
toxic substances while serving as members of the Armed Forces
are health conditions that resulted from the exposure of that
individual to that toxic substance for purposes of eligibility
of those descendants for medical care under section 1781 of
title 38, United States Code.
(3) Study and consideration of toxic substance exposure
claims.--
(A) In general.--The Advisory Board shall study and
evaluate claims of exposure to toxic substances by
current and former members of the Armed Forces that is
related to the service of the member in the Armed
Forces.
(B) Submission of claims.--Claims of exposure
described in subparagraph (A) may be submitted to the
Advisory Board in such form and in such manner as the
Secretary of Veterans Affairs may require by any of the
following individuals or entities:
(i) A member of the Armed Forces.
(ii) A veteran.
(iii) A descendant of a member of the Armed
Forces.
(iv) A descendant of a veteran.
(v) A veterans advocacy group.
(vi) An official of the Department of
Veterans Affairs with responsibility or
experience monitoring the health of current and
former members of the Armed Forces.
(vii) An official of the Department of
Defense with responsibility or experience
monitoring the health of current and former
members of the Armed Forces.
(C) Consideration of claims.--Not later than 180
days after receiving a claim submitted pursuant to
subparagraph (B), the Advisory Board shall consider the
claim and take one of the following actions:
(i) If the Advisory Board determines that
exposure to a toxic substance occurred to a
degree that an individual exposed to that
substance may have or develop a medical
condition that would qualify that individual
for health care or compensation from the
Department of Veterans Affairs or the
Department of Defense, the Advisory Board shall
submit to the Secretary of Veterans Affairs a
report described in subparagraph (D).
(ii) If the Advisory Board determines that
further consideration of the claim is necessary
to adequately assess the extent of exposure,
the Advisory Board shall refer the claim to the
National Center established under section 3 to
conduct further research and report its
findings to the Advisory Board.
(iii) If the Advisory Board determines that
exposure to a toxic substance did not occur,
the Advisory Board shall report such
determination to the Secretary of Veterans
Affairs.
(D) Report.--If the Advisory Board makes a
determination under subparagraph (C)(i), the Advisory
Board shall submit to the Secretary of Veterans Affairs
a report that contains the following:
(i) Evidence used by the Advisory Board in
making the determination under subparagraph
(C)(i), including, if appropriate, the
following:
(I) Scientific research.
(II) Peer-reviewed articles from
scientific journals relating to
exposure to toxic substances.
(III) Medical research conducted by
the Department of Veterans Affairs, the
Department of Defense, or the medical
community.
(ii) Recommendations on the extent to which
the Department of Veterans Affairs or the
Department of Defense should provide health
care, benefits, or other compensation with
respect to exposure to a toxic substance to the
following individuals:
(I) An individual exposed to a
toxic substance as determined under
subparagraph (C)(i).
(II) A descendant of that
individual.
(iii) Information on cost and attributable
exposure, as defined in regulations prescribed
pursuant to this Act.
(E) Publication of evidence.--
(i) In general.--Except as provided in
clause (ii), the Secretary shall publish in the
Federal Register the evidence described in
clause (i) of subparagraph (D) that is
submitted with the report required by that
subparagraph.
(ii) Exception.--Such evidence may not be
published if the Secretary determines that
preventing such publication--
(I) is in the national security
interest of the United States; or
(II) protects the privacy interests
of individuals exposed to toxic
substances.
(F) Subpoena authority.--The Advisory Board may
require by subpoena the attendance and testimony of
witnesses necessary to consider claims of exposure to
toxic substances under this paragraph.
(G) 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 for
purposes of considering claims of exposure to toxic
substances under this paragraph.
(d) Meetings.--The Advisory Board shall meet at the call of the
Chair, but not less frequently than semiannually.
(e) Compensation.--
(1) In general.--The members of the Advisory Board shall
serve without compensation.
(2) Travel expenses.--The members of the Advisory Board
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Advisory Board.
(f) Personnel.--
(1) In general.--The Chairperson 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 Veterans Affairs, and such other
personnel as may be necessary to enable the Advisory Board to
perform its duties.
(2) Approval.--The appointment of an executive director
under paragraph (1) shall be subject to approval by the
Advisory Board.
(3) Compensation.--The Chairperson 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, 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.
SEC. 5. DECLASSIFICATION BY DEPARTMENT OF DEFENSE OF CERTAIN INCIDENTS
OF EXPOSURE OF MEMBERS OF THE ARMED FORCES TO TOXIC
SUBSTANCES.
(a) In General.--The Secretary of Defense may declassify documents
related to any known incident in which not less than 100 members of the
Armed Forces were exposed to a toxic substance that resulted in at
least one case of a disability that a member of the medical profession
has determined to be associated with that toxic substance.
(b) Limitation.--The declassification authorized by subsection (a)
shall be limited to information necessary for an individual who was
potentially exposed to a toxic substance to determine the following:
(1) Whether that individual was exposed to that toxic
substance.
(2) The potential severity of the exposure of that
individual to that toxic substance.
(3) Any potential health conditions that may have resulted
from exposure to that toxic substance.
(c) Exception.--The Secretary of Defense is not required to
declassify documents if the Secretary determines that declassification
of those documents would materially and immediately threaten the
security of the United States.
SEC. 6. NATIONAL OUTREACH CAMPAIGN ON POTENTIAL LONG-TERM HEALTH
EFFECTS OF EXPOSURE TO TOXIC SUBSTANCES BY MEMBERS OF THE
ARMED FORCES AND THEIR DESCENDANTS.
The Secretary of Veterans Affairs, the Secretary of Health and
Human Services, and the Secretary of Defense shall jointly conduct a
national outreach and education campaign directed towards members of
the Armed Forces, veterans, and their family members to communicate the
following information:
(1) Information on--
(A) incidents of exposure of members of the Armed
Forces to toxic substances;
(B) health conditions resulting from such exposure;
and
(C) the potential long-term effects of such
exposure on the individuals exposed to those substances
and the descendants of those individuals.
(2) Information on the National Center established under
section 3 of this Act for individuals eligible to participate
in studies conducted at the National Center.
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
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