Toxic Exposure Research Act of 2016
(Sec. 3) This bill directs the Department of Veterans Affairs (VA) to select a VA medical center to serve as the national center for research on the diagnosis and treatment of health conditions of the biological children or grandchildren of individuals exposed to toxic substances while serving as members of the Armed Forces that are related to such exposure.
The bill requires: (1) the Department of Defense (DOD) or the head of a federal agency to make available to the VA for review records held by DOD, an Armed Force, or that federal agency that might assist the VA in making determinations regarding individuals and descendents afflicted with an exposure-related health condition; (2) the VA and DOD or such agency head to jointly establish a mechanism for VA review of records; and (3) the national center to employ at least one licensed clinical social worker to coordinate access of individuals to appropriate social and health care programs and to handle case management.
(Sec. 4) The VA shall establish an Advisory Board to oversee and assess the national center and to advise the VA regarding the center's work.
The board shall report on its recommendations at least once a year.
(Sec. 5) DOD shall: (1) conduct a declassification review to determine what information may be made publicly available related to any known incident in which at least 100 members of the Armed Forces were exposed to a toxic substance that resulted in at least one case of a disability that an occupational medicine specialist has determined to be credibly associated with such substance; and (2) make such information available consistent with national security and limited to information necessary for determining whether an individual was exposed to such substance, the severity of exposure, and any potential health conditions resulting from such exposure.
(Sec. 6) The VA shall conduct a national outreach and education campaign directed toward members of the Armed Forces, veterans, and their family members to communicate information on: (1) incidents of exposure of members of the Armed Forces to toxic substances, health conditions resulting from such exposure, and potential long-term effects; and (2) the national center for individuals eligible to participate in national center studies.
DOD and the Department of Health and Human Services shall assist the VA in implementing such campaign.(Sec. 7) No additional funds are authorized to carry out this bill.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1769 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 1769
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 that are related to that exposure, to establish an
advisory board on such health conditions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 14, 2015
Mr. Benishek (for himself, Mr. Honda, and Ms. Esty) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs, and in addition to the Committee on Armed Services, 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 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 that are related to that exposure, to establish an
advisory board on such health conditions, 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
2015''.
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) Exposed.--The term ``exposed'' means, with respect to a
toxic substance, that an individual came into contact with that
toxic substance in a manner that could be hazardous to the
health of that individual, that may include if that toxic
substance was inhaled, ingested, or touched the skin or eyes.
(4) Exposure.--The term ``exposure'' means, with respect to
a toxic substance, an event during which an individual was
exposed to that toxic substance.
(5) Toxic substance.--The term ``toxic substance'' means
any substance determined by the Administrator of the
Environmental Protection Agency to be harmful to the
environment or hazardous to the health of an individual if
inhaled or ingested by or absorbed through the skin of that
individual.
(6) 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 THAT ARE RELATED TO SUCH SERVICE.
(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 such
exposure (in this Act referred to as the ``National Center'').
(2) Criteria for selection.--
(A) In general.--The National Center shall be
selected under paragraph (1) from among medical centers
of the Department with expertise described in
subparagraph (B), or that are affiliated with research
medical centers or teaching hospitals with such
expertise, that seek to be selected under this section.
(B) Expertise described.--The expertise described
in this subparagraph is--
(i) expertise in diagnosing and treating
functional and structural birth defects; or
(ii) expertise in caring for individuals
exposed to toxic substances and diagnosing and
treating any health conditions resulting from
such exposure.
(C) Preference.--Preference for selection under
paragraph (1) shall be given to medical centers of the
Department with expertise described in clauses (i) and
(ii) of subparagraph (B), or that are affiliated with
research medical centers or teaching hospitals with
such expertise.
(b) Research.--
(1) In general.--The National Center shall 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 related to 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 related to 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 shall 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 shall 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) Reports.--
(1) Annual report.--
(A) In general.--Not less frequently than annually,
the National Center shall submit to Congress and the
Advisory Board established under section 4 a report 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
that have been completed during such year and that are
ongoing as of the date of the submittal of the report.
(B) Upon request.--Upon the request of any
organization exempt from taxation under section
501(c)(19) of the Internal Revenue Code of 1986, the
National Center shall submit a copy of a report
submitted under subparagraph (A) to such organization.
(2) Quarterly report to advisory board.--Not less
frequently than quarterly, the National Center shall submit to
the Advisory Board a report on the functions of the National
Center during the quarter preceding the submittal of the report
that includes the following:
(A) A summary of the research efforts of the
National Center during such quarter.
(B) A description of any determinations made by the
National Center pursuant to such research efforts
regarding whether health conditions of descendants of
individuals exposed to toxic substances while serving
as members of the Armed Forces are related to that
exposure.
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'') to oversee and assess the National Center
established under section 3 and to advise the Secretary of Veterans
Affairs with respect to the work of the National Center.
(b) Membership.--
(1) Composition.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
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--
(A) shall select not less than 13 voting members of
the Advisory Board, of whom--
(i) not less than three shall be members of
organizations exempt from taxation under
section 501(c)(19) of the Internal Revenue Code
of 1986;
(ii) 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 structural or functional
birth defect or a health condition that
is related to the exposure of such
individual to such toxic substance; or
(II) a parent, child, or grandchild
of that descendant;
(iii) not less than six shall be health
professionals, scientists, or academics who are
not employees of the Federal Government and
have 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;
and
(iv) additional members may be selected
from among social workers and advocates for
veterans or members of the Armed Forces who are
not employees of the Federal Government; and
(B) may select nonvoting members from among
individuals described in clause (iii) or (iv) of
subparagraph (A) who are employees of the Federal
Government.
(2) Chairperson.--The Secretary shall select a Chairperson
from among the members of the Advisory Board.
(3) Terms.--
(A) In general.--Each member of the Advisory Board
shall serve a term of two or three years as determined
by the Secretary.
(B) Reappointment.--At the end of the term of a
member of the Advisory Board, the Secretary may
reselect the member for another term, except that no
member may serve more than four consecutive terms.
(c) Duties.--The Advisory Board shall--
(1) oversee and assess the work of the National Center;
(2) not less frequently than quarterly, meet with the
director or another representative of the National Center on
the work conducted at the National Center, including the
research efforts of the National Center;
(3) review the annual report submitted by the National
Center to Congress and the Advisory Board under section
3(e)(1); and
(4) advise the Secretary of Veterans Affairs on--
(A) issues related to the research conducted at the
National Center;
(B) health conditions of descendants of individuals
exposed to toxic substances while serving as members of
the Armed Forces that are related to the exposure of
such individual to such toxic substance;
(C) health care services that are needed by the
descendants of individuals exposed to toxic substances
while serving as members of the Armed Forces for health
conditions that are related to the exposure of such
individual to such toxic substance; and
(D) any determinations or recommendations that the
Advisory Board may have with respect to the feasibility
and advisability of the Department providing health
care services described in subparagraph (C) to
descendants described in such subparagraph, including a
description of changes to existing policy.
(d) Report.--
(1) In general.--Not later than one year after the
establishment of the Advisory Board under subsection (a), and
not less frequently than once each year thereafter, the
Advisory Board shall submit to the Committee on Veterans'
Affairs of the Senate, the Committee on Veterans' Affairs of
the House of Representatives, and the Secretary of Veterans
Affairs a report on the recommendations of the Advisory Board.
(2) Elements.--Each report submitted under paragraph (1)
shall include recommendations for administrative or legislative
action, including recommendations for further research by the
National Center, with respect to each health condition of a
descendant of an individual exposed to a toxic substance while
serving as a member of the Armed Forces for which the National
Center has made one of the following determinations in
conducting research under section 3(b):
(A) The health condition is related to the exposure
of such individual to such toxic substance.
(B) It is unclear whether the health condition is
related to the exposure of such individual to such
toxic substance.
(C) The health condition is not related to the
exposure of such individual to such toxic substance.
(e) Meetings.--The Advisory Board shall meet at the call of the
Chair, but not less frequently than quarterly.
(f) Compensation.--The members of the Advisory Board shall serve
without compensation.
(g) Expenses.--The Secretary of Veterans Affairs shall determine
the appropriate expenses of the Advisory Board.
(h) 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 shall 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 required 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.
(a) In General.--The Secretary of Veterans Affairs shall, in
consultation with the Secretary of Health and Human Services and the
Secretary of Defense, conduct a national outreach and education
campaign directed toward 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 for individuals eligible to participate in studies
conducted at the National Center.
(b) Department of Veterans Affairs.--In carrying out this section,
the Secretary of Veterans Affairs shall design and implement the
national outreach and education campaign conducted under subsection
(a), including--
(1) by distributing printed materials containing the
information described in subsection (a) to veterans;
(2) by publishing such information on an Internet website
of the Department of Veterans Affairs that is available to the
public;
(3) by presenting such information in person at facilities
that serve a large number of veterans or members of the Armed
Forces; and
(4) by educating employees of all medical facilities of the
Department with respect to such information and providing such
employees with printed materials containing such information.
(c) Department of Defense.--The Secretary of Defense shall assist
the Secretary of Veterans Affairs in implementing the national outreach
and education campaign conducted under subsection (a)--
(1) by making the information described in subsection (a)
available to all members of the Armed Forces and their
families;
(2) by notifying all members of the Armed Forces of such
information; and
(3) by publishing such information on an Internet website
of the Department of Defense that is available to the public.
(d) Department of Health and Human Services.--The Secretary of
Health and Human Services shall assist the Secretary of Veterans
Affairs in implementing the national outreach and education campaign
conducted under subsection (a)--
(1) by making the information described in subsection (a)
available to members of the health care profession;
(2) by notifying such members of such information; and
(3) by publishing such information on an Internet website
of the Department of Health and Human Services that is
available to the public.
SEC. 7. PROHIBITION ON NEW APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act and this Act shall be carried out using amounts otherwise made
available for the purposes of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, 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.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, 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.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, 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.
Referred to the Subcommittee on Health.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote .
Referred to the Subcommittee on Military Personnel.
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Subcommittee on Health Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote.
Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 114-592, Part I.
Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 114-592, Part I.
Committee on Armed Services discharged.
Committee on Armed Services discharged.
Placed on the Union Calendar, Calendar No. 460.