[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4061 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4061
To require the Secretary of Health and Human Services to establish an
exposure registry and conduct epidemiological studies to assess health
outcomes associated with the Red Hill Incident.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2023
Mr. Case (for himself and Ms. Tokuda) introduced the following bill;
which was referred to the Committee on Energy and Commerce, 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 require the Secretary of Health and Human Services to establish an
exposure registry and conduct epidemiological studies to assess health
outcomes associated with the Red Hill Incident.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REGISTRY FOR IMPACTED INDIVIDUALS OF THE RED HILL INCIDENT.
(a) Establishment of Registry.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary'') shall
establish within the Agency for Toxic Substances and Disease Registry
or the Centers for Disease Control and Prevention or through an award
of a grant or contract, as the Secretary determines appropriate, a Red
Hill Incident exposure registry to collect data on health implications
of petroleum-contaminated water for impacted individuals on a voluntary
basis. Such registry shall be complementary to, and not duplicative of,
the Red Hill Incident Report of the Defense Occupational and
Environmental Health Readiness System.
(b) Other Responsibilities.--
(1) In general.--The Secretary, in coordination with the
Director of the Centers for Disease Control and Prevention, and
in consultation with the Secretary of Defense, the Secretary of
Veterans Affairs, and such State and local authorities or other
partners as the Secretary of Health and Human Services
considers appropriate, shall--
(A) review the Federal programs and services
available to individuals exposed to petroleum;
(B) review current research on petroleum exposure
in order to identify additional research needs;
(C) identify effective services, individuals and
communities affected by petroleum-contaminated water;
and
(D) undertake any other review or activities that
the Secretary determines to be appropriate.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 6 additional
years, the Secretary shall submit to the appropriate
congressional committees a report on the review and activities
undertaken under paragraph (1) that includes--
(A) strategies for communicating and engaging with
stakeholders on the Red Hill Incident;
(B) the number of impacted and potentially impacted
individuals enrolled in the registry established under
subsection (a);
(C) processes for referring such registry enrollees
to comprehensive, coordinated services to mitigate the
effects of petroleum exposure;
(D) measures and frequency of follow-up to collect
data and specimens related to exposure, health, and
developmental milestones as appropriate; and
(E) a summary of data and analyses on exposure,
health, and developmental milestones for impacted
individuals.
(3) Consultation.--In carrying out paragraphs (1) and (2),
the Secretary shall consult with--
(A) non-Federal experts, including persons with
certification in epidemiology, toxicology, mental
health, pediatrics, and environmental health; and
(B) members of the impacted community.
(c) Funding.--Without regard to section 2215 of title 10, United
States Code, the Secretary of Defense is authorized to provide, from
amounts made available to such Secretary, such sums as may be necessary
for each of fiscal years 2024 through 2030 for the Secretary of Health
and Human Services to carry out this section.
SEC. 2. RED HILL EPIDEMIOLOGICAL HEALTH OUTCOMES STUDY.
(a) In General.--The Secretary of Health and Human Services, in
consultation with the Secretary of Defense, the Secretary of Veterans
Affairs, and such State and local health authorities or other partners
as the Secretary of Health and Human Services considers appropriate,
shall conduct an epidemiological study or studies for a period of not
less than 20 years to assess health outcomes for impacted individuals
of the Red Hill Incident.
(b) Additional Contracts.--The Secretary of Health and Human
Services may contract with independent research institutes or
consultants, nonprofit or public entities, laboratories, or medical
schools, as the Secretary considers appropriate, that are not part of
the Federal Government to assist with the feasibility assessment
required by subsection (d) and the study or studies under subsection
(a).
(c) Funding.--Without regard to section 2215 of title 10, United
States Code, the Secretary of Defense is authorized to provide, from
amounts made available to such Secretary, no less than $4,000,000 for
fiscal year 2024 for the Secretary of Health and Human Services to
carry out the assessment under subsection (d), and such sums as may be
necessary to complete the study or studies under subsection (a).
(d) Feasibility Assessment.--Not later than one year after the date
of the enactment of this Act, the Secretary of Health and Human
Services shall submit to the appropriate congressional committees the
results of a feasibility assessment to inform the design of the
epidemiological study or studies to assess health outcomes for impacted
individuals and a plan for such study or studies under subsection (a),
which may include--
(1) a strategy to recruit impacted individuals to
participate in the study or studies, including incentives for
participation;
(2) a description of protocols and methodologies to assess
health outcomes from the Red Hill Incident, including data
management protocols to secure the privacy and security of the
personal information of impacted individuals; and
(3) the periodicity for data collection that takes into
account the differences between health care practices among
impacted individuals who are--
(A) members of the Armed Forces on active duty or
spouses or dependents of such members;
(B) members of the Armed Forces separating from
active duty or spouses or dependents of such members;
(C) veterans and other individuals with access to
health care from the Department of Veterans Affairs;
and
(D) individuals without access to health care from
the Department of Defense or the Department of Veterans
Affairs;
(4) a description of methodologies to analyze data received
from the study or studies to determine possible connections
between exposure to water contaminated during the Red Hill
Incident and adverse impacts to the health of impacted
individuals;
(5) an identification of exposures resulting from the Red
Hill Incident that may qualify individuals to be eligible for
participation in the study or studies as a result of those
exposures; and
(6) steps that will be taken to provide individuals
impacted by the Red Hill Incident with information on available
resources and services.
(e) Potentially Impacted Individuals.--
(1) In general.--The Secretary of Health and Human Services
may enlarge the scope of the study or studies under subsection
(a) to include potentially impacted individuals based on--
(A) the request of a potentially impacted
individual, as applicable;
(B) the recommendation of the Secretary of Defense,
the Secretary of Veterans Affairs, or any contracted
party under subsection (b);
(C) the exposures identified in subsection (d)(5);
or
(D) other exigent circumstances.
(2) Treatment of potentially impacted individuals.--If,
under paragraph (1), the Secretary enlarges the scope of the
study or studies under subsection (a), potentially impacted
individuals shall be treated as impacted individuals for
purposes of this section.
(f) Notifications; Briefings.--
(1) In general.--Not later than 1 year after the completion
of the feasibility assessment under subsection (d), and
annually thereafter, the Secretary of Health and Human Services
shall--
(A) notify impacted individuals on the interim
findings of the study or studies; and
(B) brief the appropriate congressional committees
on the interim findings of the study or studies.
(2) Final notification.--Upon completion of the study or
studies under subsection (a), the Secretary of Health and Human
Services shall notify the appropriate congressional committees
and all impacted individuals of the completion of the study or
studies and the publication of the final report under
subsection (g)(2).
(g) Reports.--
(1) Annual reports.--Not later than 1 year after the date
of the commencement of the study or studies under subsection
(a), and annually thereafter, the Secretary of Health and Human
Services shall publish on the website of the Department of
Health and Human Services a report on the interim findings of
the study or studies.
(2) Final report.--Upon completion of the study or studies
under subsection (a), the Secretary of Health and Human
Services--
(A) shall publish on a publicly available internet
website of the Department of Health and Human Services
a report on the findings of the study or studies; and
(B) may publish such report in a scientific
publication.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(B) the Committee on Armed Services and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(C) the Committee on Veterans' Affairs of the
Senate;
(D) the Committee on Energy and Commerce of the
House of Representatives;
(E) the Committee on Armed Services and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(F) the Committee on Veterans' Affairs of the House
of Representatives.
(2) Impacted individual.--The term ``impacted individual''
means an individual who, at the time of the Red Hill Incident,
lived or worked in a building or residence served by the
community water system at Joint Base Pearl Harbor-Hickam, Oahu,
Hawaii.
(3) Red hill incident.--The term ``Red Hill Incident''
means the release of fuel from the Red Hill Bulk Fuel Storage
Facility, Oahu, Hawaii, into the sole-source basal aquifer
located 100 feet below the facility, contaminating the
community water system at Joint Base Pearl Harbor-Hickam on
November 20, 2021.
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