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114th Congress } { Rept. 114-592
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
TOXIC EXPOSURE RESEARCH ACT OF 2016
_______
May 24, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Miller of Florida, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 1769]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (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, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 6
Background and Need for Legislation.............................. 7
Hearings......................................................... 10
Subcommittee Consideration....................................... 11
Committee Consideration.......................................... 11
Committee Votes.................................................. 11
Committee Oversight Findings..................................... 11
Statement of General Performance Goals and Objectives............ 11
New Budget Authority, Entitlement Authority, and Tax Expenditures 11
Earmarks and Tax and Tariff Benefits............................. 12
Committee Cost Estimate.......................................... 12
Congressional Budget Office Estimate............................. 12
Federal Mandates Statement....................................... 15
Advisory Committee Statement..................................... 15
Constitutional Authority Statement............................... 15
Applicability to Legislative Branch.............................. 15
Exchange of Committee Correspondence............................. 15
Statement on Duplication of Federal Programs..................... 16
Disclosure of Directed Rulemaking................................ 16
Section-by-Section Analysis of the Legislation................... 16
Changes in Existing Law Made by the Bill as Reported............. 21
AMENDMENT
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Toxic Exposure Research Act of 2016''.
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 or 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 or child 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 REVIEW BY DEPARTMENT OF DEFENSE OF CERTAIN
INCIDENTS OF EXPOSURE OF MEMBERS OF THE ARMED
FORCES TO TOXIC SUBSTANCES.
(a) Review.--The Secretary of Defense shall conduct a
declassification review to determine what information may be made
publicly available relating 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 specialist in
the field of occupational medicine has determined to be credibly
associated with that toxic substance.
(b) Release of Declassified Information.--To the extent practicable,
and subject to subsection (c) and consistent with national security,
the Secretary of Defense shall make publicly available information
declassified following the review required by subsection (a).
(c) Limitation.--Information made publicly available pursuant to
subsection (b) 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.
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.
PURPOSE AND SUMMARY
H.R. 1769, the ``Toxic Exposure Research Act of 2016,'' was
introduced by Representative Dan Benishek of Michigan, the
Chairman of the Committee on Veterans' Affairs Subcommittee on
Health, on April 14, 2015. H.R. 1769, as amended, was ordered
to be favorably reported to the full House on February 25,
2016, by voice vote.
H.R. 1769, as amended, would require the Department of
Veterans Affairs (VA) to select a VA medical center (VAMC) 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 in the Armed Forces
and establish an Advisory Board to oversee and assess the
National Center. The bill would also authorize the Department
of Defense (DOD) to conduct a declassification review to
determine what, if any, information can be made publicly
available regarding a known incident of toxic exposure that
resulted in at least one case of a disability that an
occupational medicine specialist has determined to be credibly
associated with such exposure.
H.R. 1769, as amended, would further require VA--in
consultation with DOD and the Department of Health and Human
Services (HHS)--to conduct a national outreach and education
campaign toward members of the Armed Services, veterans, and
their families on potential long-term health effects of
exposure to toxic substances.
BACKGROUND AND NEED FOR LEGISLATION
Section 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
It is well known that servicemembers may be exposed to a
variety of chemical, environmental, and other toxic hazards
during their service in the Armed Forces. In some instances,
these exposures may result in long-term adverse health effects.
As a result, VA conducts or sponsors a number of epidemiology
research studies on illnesses or conditions related to toxic
exposures in military service and provides a number of
benefits--including health care and compensation--to certain
veterans who have experienced toxic exposure.
Less well known are the potential multi-generational health
effects of toxic exposure for veterans' descendants. VA does
provide the biological children of certain veterans who served
in Vietnam or Korea and have spina bifida or other birth
defects with benefits--including health care and compensation--
based on the degree of their disability. These benefits are
based on reports dating back to 1996 by the Institute of
Medicine (IOM) that found limited, suggestive evidence of an
association between exposure to Agent Orange in military
service and birth defects in the children of certain
veterans.\1\ More recently, in 2013, the IOM found that there
was a plausible basis that adult children and grandchildren of
male veterans who were exposed to Agent Orange in Vietnam could
experience adverse health effects as a result of such
exposure.\2\ In light of these findings, individual
servicemembers, veterans, and military families as well as
veterans service organizations and other advocates, have
expressed increasing concern about the lack of an entity--
within VA or otherwise--dedicated to researching the long-term
health impact of toxic exposure on veterans' children and
grandchildren, both in Vietnam and Korea and in other
conflicts.
---------------------------------------------------------------------------
\1\http://www.nationalacademies.org/hmd/Reports/1997/Veterans-and-
Agent-Orange-Update-1996-Summary-and-Research-Highlights.aspx.
\2\http://www.nationalacademies.org/hmd/Reports/2013/Veterans-and-
Agent-Orange-Update-2012.aspx.
---------------------------------------------------------------------------
In recognition of this, section 3 of the bill would require
VA, not later than one year after the date of enactment, to
select a VAMC 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.
To be eligible to be selected as the national center, a VAMC
would be required to: (1) have expertise in diagnosing and
treating functional and structural birth defects; (2) have
expertise in caring for individuals exposed to toxic substances
and diagnosing and treating health conditions resulting from
such exposure; or (3) be affiliated with a research medical
center or teaching hospital with such expertise. When making
such a selection, VA would be required to give preference to
VAMCs that have both the internal expertise listed in (1) and
(2) and the affiliate relationship described in (3). The
national center would be required to employ at least one
licensed clinical social worker to coordinate access to
appropriate Federal, State, and local social and health care
programs and to handle case management.
In terms of research, the national center would be
responsible for conducting research on the diagnosis and
treatment of health conditions of descendants of individuals
exposed to toxic substances while service as members of the
Armed Forces that are related to such exposure. In conducting
such research, the national center would be required to study
individuals who (1) were exposed to a toxic substance while
serving in the Armed Forces and are afflicted with a health
condition related to such exposure or (2) are descendants of an
individual exposed to a toxic substance during service in the
Armed Forces and are afflicted with a health condition related
to such exposure.
To assist with such research, Section 3 of the bill would
further require that DOD or another Federal agency make
applicable records available to VA for review and jointly
establish a mechanism for the availability and review of such
records. Section 3 of the bill would further require the
national center to submit regular reports to Congress and to
the Advisory Board created in section 4 of the bill as well as,
upon request, to any organization exempt from taxation under
section 501(c)(19) of the Internal Revenue Code of 1986. The
Committee recognizes that there are a number of governmental
and non-governmental scientific organizations--including the
National Institute of Environmental Health Sciences, the
Centers for Disease Control and Prevention, the Agency for
Toxic Substances and Disease Registry, the VA War Related
Illness and Injury Study Center, the VA Office of Research and
Development, and the VA Office of Public Health--that are
conducting worthwhile research on the myriad of possible health
effects associated with environmental exposures and intends for
the national center that would be created by section 3 of the
bill to build on, rather than duplicate, the efforts of such
entities.
Section 4. Advisory Board
VA's advisory committee management guide defines an
``advisory committee'' as, ``any committee, board, commission,
council, conference, panel, task force, or other similar group,
which is established or utilized by the President or by an
agency official, for the purpose of obtaining advice or
recommendations for the President or on issues or policies
within the scope of an agency official's responsibilities.''\3\
According to information VA provided the Committee in November
2015, the Veterans Health Administration--which operates the VA
health care system--currently oversees twenty-one advisory
committees and thirty three advisory boards. While some of
those entities do advise VA on issues relating to toxic
exposure among veterans, there is no current advisory entity on
issues relating to the long-term effects toxic exposure
incidents may have on veterans' descendants.
---------------------------------------------------------------------------
\3\Department of Veterans Affairs Advisory Committee Management
Guide, October 2015, http://www.va.gov/ADVISORY/docs/
October%202015%20ACMO%20Guide.pdf.
---------------------------------------------------------------------------
Section 4 of the bill would require VA to establish an
advisory board to oversee and assess the efforts of the
national center that would be created under section 3 of the
bill. Membership on the advisory board would consist of at
least 13 voting members and would be selected by VA in
consultation with HHS, the Director of the National Institute
of Environmental Health Sciences, and other appropriate federal
agencies. The board membership must include: at least three
members from tax exempt organizations; at least one member who
is the descendant of an individual who was exposed to a toxic
substance while serving in the Armed Forces and who has
manifested a structural or functional birth defect or a health
condition that is related to such exposure, or the parent or
child of such descendant; and not less than six who are health
professionals, scientists, or academics who are not Federal
government employees and who have expertise in birth defects,
development disabilities, epigenetics, public health,
environmental exposure or environmental exposure assessment, or
medical and research ethics. Federal government employees with
similar expertise may be selected as non-voting members of the
advisory board.
VA would be required to select a Chairperson and authorized
to select additional members to include social workers,
veterans' advocates, or members of the Armed Forces. Advisory
board members would be required to meet regularly, to serve
without compensation, to serve a term of two or three years, as
determined by VA, with VA allowed to reselect a member for
additional terms so long as no member serves more than four
consecutive terms.
The advisory board would be responsible for overseeing and
assessing the national center, regularly meeting with
representatives of the national center, reviewing the national
center's annual report, and advising VA on issues related to
the national center and toxic exposure among veterans'
descendants. The advisory committee would also be required to
report regularly to the Congress. To assist the advisory board
in completing their duties, the chairperson would be allowed to
appoint an executive director, subject to the approval of the
advisory board, and other personnel, without regard to civil
service laws and regulations, as well as to fix their
compensation.
Section 5. Declassification review by Department of Defense of certain
incidents of exposure of Members of the Armed Forces to toxic
substances
While VA is responsible for providing veterans--and, in
limited circumstances, veterans' children--who have experienced
toxic exposure during military service and are experiencing
negative health effects as a result with health care and
compensation, instances of toxic exposure occur during active
duty under the jurisdiction of DOD. As such, documentation
regarding particular instances of toxic exposure belongs to
DOD. The Committee recognizes and respects the need for certain
information regarding potential instances of toxic exposure to
be protected from public disclosure for national security
purposes. However, it is essential that DOD publicly release
whatever information can be appropriately disclosed so that
servicemembers, veterans, their families, and researchers can
determine whether a servicemember or veteran may have been
exposed to a toxic substance, the potential severity of such
exposure, and potential health impacts that may result from
such exposure on the servicemember, veteran, or descendant.
Section 5 of the bill would require DOD to conduct a
declassification review to determine what information may be
made publicly available relating 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 specialist in the field of occupational
medicine has determined to be credibly associated with that
toxic substance. Following such review, DOD would be required
to make information regarding the declassification review
publicly available to the extent practicable and consistent
with national security. However, such information would be
limited to information necessary for an individual who was
potentially exposed to a toxic substance to determine whether
that individual was exposed to that toxic substance, the
potential severity of that exposure, or any potential health
conditions that may have resulted from exposure to that toxic
substance.
Section 6. National Outreach Campaign on potential long-term health
effects of exposure to toxic substances by Members of the Armed
Forces and their descendants
As described above, VA does provide veterans--and in some
cases their family members--with a number of benefits in
response to disabilities or birth defects that occurred as a
result of toxic exposure incidents in the Armed Forces.
However, the Committee is concerned that VA does not conduct
sufficient outreach so that those who may have been impacted by
toxic exposure are aware of recent developments in research or
the availability of benefits.
As such, section 6 of the bill would require VA to consult
with DOD and HHS to conduct a national outreach and education
campaign directed toward members of the Armed Forces, veterans,
and their family members to communicate information regarding
incidents of exposure of members of the Armed Forces, health
conditions resulting from such exposure, and the potential
long-term effects of such exposure on the individuals exposed
to those substances and their descendants as well as the
national center created by section 3 of the bill. Under this
section VA would be required to design and implement the
campaign while DOD and HHS would be required to assist VA in
implementing it.
HEARINGS
There were no full Committee hearings held on H.R. 1769, as
amended. On April 23, 2015, the Subcommittee on Health
conducted a legislative hearing on various bills introduced in
the 114th Congress, including H.R. 1769. The following
witnesses testified:
The Honorable Gus Bilirakis, U.S. House of Representatives,
12th District, Florida; The Honorable Janice Hahn, U.S. House
of Representatives, 44th District, California; The Honorable
Jackie Walorski, U.S. House of Representatives, 2nd District,
Indiana; Blake Ortner, Deputy Government Relations Director,
Paralyzed Veterans of America; Louis J. Celli Jr., Director,
National Veterans Affairs and Rehabilitation Division, The
American Legion; John Rowan, National President, Vietnam
Veterans of America; Adrian Atizado, Assistant National
Legislative Director, Disabled American Veterans; Rajiv Jain
M.D., the Assistant Deputy Under Secretary for Health for
Patient Care Services, Veterans Health Administration, U.S.
Department of Veterans Affairs, accompanied by Janet Murphy,
Acting Deputy Under Secretary for Health for Operations and
Management, Veterans Health Administration, U.S. Department of
Veterans Affairs, and Jennifer Gray, Attorney, Office of the
General Counsel, U.S. Department of Veterans Affairs.
Statements for the Record were submitted by:
The Honorable Corrine Brown, U.S. House of Representatives, 5th
District, Florida; the American Health Care Association; the
American Society for Reproductive Medicine; Concerned Veterans
for America; and, RESOLVE: National Infertility Association.
SUBCOMMITTEE CONSIDERATION
There were no Subcommittee markups involving H.R. 1769, as
amended.
COMMITTEE CONSIDERATION
On February 25, 2016, the Full Committee met in open markup
session, a quorum being present, and ordered H.R. 1769, as
amended, to be reported favorably to the House of
Representatives by voice vote.
During consideration of H.R. 1769, the following amendment
was considered and agreed to by voice vote:
An amendment in the nature of a substitute offered by
Representative Dan Benishek of Michigan.
COMMITTEE VOTES
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken on amendments or in connection with ordering H.R. 1769,
as amended, reported to the House. A motion by Ranking Member
Corrine Brown of Florida to report H.R. 1769, as amended,
favorably to the House of Representatives was agreed to by
voice vote.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objective is to advance VA's understanding of
potential multi-generational health effects of toxic exposure
for veteran's descendants.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
EARMARKS AND TAX AND TARIFF BENEFITS
H.R. 1769, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
COMMITTEE COST ESTIMATE
The Committee adopts as its own the cost estimate on H.R.
1769, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 1769, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974:
May 17, 2016.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1769, the Toxic
Exposure Research Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Ann E.
Futrell.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1769--Toxic Exposure Research Act of 2016
Summary: H.R. 1769 would require the Department of Veterans
Affairs (VA) to establish a national center to conduct research
on health conditions affecting descendants of veterans who were
exposed to toxic substances during their service in the armed
forces. The bill also would create an advisory board to oversee
and provide support to the center. CBO estimates that
implementing those provisions would cost $74 million over the
2017-2021 period, subject to appropriation of the necessary
amounts. Another provision would require the Department of
Defense (DoD) to review a potentially large number of records,
with the goal of declassifying material related to the exposure
of service members to toxic substances. CBO cannot provide an
estimate of the cost of implementing that provision.
Pay-as-you-go procedures do not apply because enacting the
legislation would not affect direct spending or revenues. CBO
estimates that enacting H.R. 1769 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 1769 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal government: The estimated
budgetary effect of H.R. 1769 is shown in the following table.
The costs of this legislation fall within budget function 700
(veterans benefits and services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATIONa
National Research Center:
Estimated Authorization Level....................... 0 7 14 22 30 73
Estimated Outlays................................... 0 6 13 21 29 69
Advisory Board:
Estimated Authorization Level....................... 0 * 1 1 1 4
Estimated Outlays................................... 0 * 1 1 1 4
Outreach:
Estimated Authorization Level....................... * * * * * 1
Estimated Outlays................................... * * * * * 1
Total Increases:
Estimated Authorization Level................... 1 8 15 23 31 78
Estimated Outlays............................... 1 7 14 22 30 74
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
aIn addition to the costs shown above, CBO estimates that implementing section 5, which would require the
Department of Defense to review certain records, could have very large costs; however, CBO is unable to
estimate the magnitude of those costs. Our analysis of that provision is discussed in the body of the
estimate.
Basis of estimate: For this estimate, CBO assumes that H.R.
1769 will be enacted near the start of fiscal year 2017, that
the estimated amounts will be appropriated each year, and that
outlays will follow historical spending patterns for affected
programs.
National Research Center
Section 3 would require VA to establish a national center
to conduct research on diagnosing and treating health
conditions affecting descendants of veterans that are related
to the exposure of those veterans to toxic substances during
their service in the armed forces. Within one year of
enactment, VA would be required to identify an existing VA
medical center to serve as that center.
The center would study volunteers who have health
conditions that are related to exposure to toxic substances. On
the basis of information from VA, CBO estimates that the center
would begin at least three new studies each year, which would
continue for multiple years, at an annual cost of $2 million
per study. Those costs include the salaries of the research
staff and the cost of travel and room and board for
participants in the studies.
The section also would require the center to employ at
least one licensed clinical social worker to coordinate the
health care and support services for participants in the
research studies. In order to facilitate the growing number of
participants, CBO estimates that VA would gradually hire seven
social workers by 2021, at an average compensation of about
$130,000 per year.
After accounting for the necessary time to implement this
section, CBO estimates that section 3 would cost $69 million
over the 2018-2021 period.
Advisory Board
Section 4 would establish a board to oversee the new center
and to advise the Secretary of VA on research conducted at the
center and on the potential for treatment of health conditions
for individuals participating in the studies. The board would
consist of 13 voting members composed of representatives from
veteran service organizations, family members of veterans
exposed to toxins, and health professionals. Voting members of
the board would serve without compensation. The executive
director and support staff would receive compensation; CBO
expects that the board would hire about five people at a cost
of about $200,000 per person. Thus, CBO estimates that staff
and administrative costs for the advisory board would total $4
million over the 2018-2021 period.
Review of Department of Defense records
Section 5 would require the Department of Defense to review
the records of service personnel who may have been exposed to
toxins while serving in the armed forces. DoD would be required
to declassify, where possible, information related to incidents
in which at least 100 service members were exposed to a toxic
substance that resulted in at least one individual being
diagnosed by a specialist in the field of occupational medicine
as having a disability linked to that exposure.
DoD expects that this proposal would require the department
to set up a process to investigate requests from VA on whether
any veterans met that criteria and to have specialists
available to participate in the determination. This proposal
could have substantial costs, depending on the number of cases
reviewed and the extent to which each case is reviewed by DoD.
Because the goal of H.R. 1769 is to determine the effects of
veterans' exposure to toxic substances on their children,
grandchildren, and subsequent generations of descendants, DoD
could be required to review records from decades ago that have
not been digitalized and must be examined individually. In
addition, it is unclear how DoD would determine whether service
members who were exposed to toxic substances were later
diagnosed by an appropriate specialist as having a disability
that was associated with that exposure.
Because CBO is unable to project the number of records
reviews that would be required under this provision or the
extent of those reviews, we are unable to estimate the cost of
implementing section 5.
Outreach
Section 6 would require VA and DoD to carry out an outreach
campaign to inform the public of the potential for long-term,
multigenerational, health effects from exposure to toxic
substances. Based on similar outreach efforts by the VA, we
estimate this section would cost $1 million over the 2017-2021
period.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 1769 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private-sector impact: H.R. 1769
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal costs: Ann E. Futrell; Impact
on state, local, and tribal governments: Jon Sperl; Impact on
the private sector: Paige Piper/Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 1769, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
ADVISORY COMMITTEE STATEMENT
Section 4 of H.R. 1769, as amended, would create an
advisory committee within the meaning of section 5(b) of the
Federal Advisory Committee Act.
STATEMENT OF CONSTITUTIONAL AUTHORITY
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 1769, as amended, is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that H.R. 1769, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
EXCHANGE OF COMMITTEE CORRESPONDENCE
House of Representatives,
Committee on Veterans' Affairs,
Washington, DC, May 18, 2016.
Hon. William M. ``Mac'' Thornberry,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
1769, as amended, the Toxic Exposure Research Act of 2016.
I agree that the Committee on Armed Services has valid
jurisdictional claims to certain provisions in this legislation
and I appreciate your decision not to request a referral in the
interest of expediting consideration of the bill.
I agree that by foregoing a sequential referral to H.R.
1769, as amended, the Committee on Armed Services is not
waiving its jurisdiction.
This exchange of letters will be included in the
Committee's report on H.R. 1769, as amended.
If you have any further questions or concerns, please
contact Christine Hill, Staff Director for the Subcommittee on
Health, at [email protected] or by calling (202)
225-9154.
Thank you for your commitment to the well-being of our
nation's veterans.
With warm personal regards I am,
Sincerely,
Jeff Miller,
Chairman.
----------
House of Representatives,
Committee on Armed Services,
Washington, DC, May 11, 2016.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: I am writing to you concerning the bill
H.R. 1769, as amended, the Toxic Exposure Research Act of 2016.
There are certain provisions in the legislation which fall
within the Rule X jurisdiction of the Committee on Armed
Services.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill, I
am willing to waive this committees' right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill the Committee on Armed Services does
not waive any future jurisdictional claim over the subject
matters contained in the bill which fall within its Rule X
jurisdiction. I request that you urge the Speaker to name
members of this committee to any conference committee which is
named to consider such provisions.
Please place this letter into the committee report on H.R.
1769 and into the Congressional Record during consideration of
the measure on the House Floor. Thank you for the cooperative
spirit which you have worked regarding this matter and others
between our respective committees.
Sincerely,
William M. ``Mac'' Thornberry,
Chairman.
STATEMENT ON DUPLICATION OF FEDERAL PROGRAMS
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 1769, as amended,
establishes or reauthorizes a program of the Federal Government
known to be duplicative of another Federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
DISCLOSURE OF DIRECTED RULEMAKING
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that H.R. 1769, as amended, contains no
directed rule making that would require the Secretary to
prescribe regulations.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 of the bill would provide the short title to H.R.
1769 as the ``Toxic Exposure Research Act of 2015.''
Section 2. Definitions
Section 2 of the bill would define: (1) the term ``Armed
Forces'' to mean the United States Army, Navy, Marine Corps,
Air Force, or Coast Guard, including the reserve components of
those branches; (2) the term ``descendant'' to mean an
individual's child or grandchild; (3) the term ``exposed'' to
mean an individual has made contact with a toxic substance in a
manner that could be hazardous to their health, including
through inhalation, ingestion, or contact with skin or eyes;
(4) the term ``exposure'' to mean an event during which an
individual was exposed to that toxic substance; (5) the term
``toxic substance'' to mean any substance determined by the
Environmental Protection Agency to be harmful to the
environment or hazardous to an individual's health if inhaled,
ingested, or absorbed through the skin; (6) the term
``veteran'' to have the same meaning as the term found in
section 101 of title 38, U.S.C.
Section 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
Section 3(a)(1) of the bill would require that, no later
than one year after the enactment of this Act, the Secretary of
VA select, in consultation with the advisory board established
under Section 4, a VA medical center 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 a member of the Armed Forces that
are related to such exposure (the ``National Center'').
Section 3(a)(2) of this bill would require that the
National Center be selected from among VA's medical centers
with the expertise described in this Section, or that are
affiliated with research medical centers or teaching hospitals
with such expertise, that seek to be selected under this
Section. This Section would require that the selected medical
center have expertise in diagnosing and treating functional and
structural birth defects, or expertise in caring for
individuals exposed to toxic substances and diagnosing and
treating any health conditions resulting from such exposure.
This paragraph would also require that, when selecting the
National Center, the Secretary give preference to VA medical
centers with the expertise described, or that are affiliated
with research medical centers or teaching hospitals with such
expertise.
Section 3(b)(1) would require that the National Center
conduct research on the diagnosis and treatment of health
conditions of descendants of individuals who have been exposed
to toxic substances while serving in the Armed Forces that are
related to that exposure.
Section 3(b)(2) would require that while conducting that
research, the National Center study individuals, with those
individuals' permission, for whom the Secretary has made of the
following determinations: the individual is a descendant of a
member of the Armed Forces and such member was exposed to a
toxic substance while serving as a member of the Armed Forces;
such descendant is afflicted with a health condition that is
related to the exposure of such member to such toxic substance.
Section 3(b)(3) would require that the Secretary of Defense
or the head of a Federal agency make available to the Secretary
of VA records held by DOD, an Armed Force, or that Federal
Agency, as appropriate, that might assist in making the
determinations required by paragraph (2). This paragraph would
also require that VA and DOD or that Federal agency jointly
establish a mechanism to make available those records for VA's
review.
Section 3(c) of the bill would require that the National
Center employ not less than one licensed clinical social worker
to coordinate access of individuals to appropriate Federal,
State, and local social and health care programs and to handle
case management.
Section 3(d) of the bill would require that the National
Center 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: travel to the National Center for participation in
such study and room and board during the period in which such
individual is participating in such study at the National
Center.
Section 3(e)(1) of the bill would require that at least
once a year, the National Center submit to Congress, and to the
advisory board established under Section 4, a report that
includes a summary of the research efforts of the National
Center that have been completed during that year, and efforts
that are ongoing as of the date of submittal of the report.
This paragraph would also require that, upon the request of any
organization exempt from taxation under section 501(c)(19) of
the Internal Revenue Code of 1986, the National Center submit a
copy of such report.
Section 3(e)(2) of the bill would require that at least
once a quarter, the National Center submit to the advisory
board a report on the functions of the National Center during
the preceding quarter, including: a summary of the National
Center's research efforts that quarter; and 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.
Section 4. Advisory Board
Section 4(a) of the bill would require that, within 180
days of the enactment of this act, VA establish an advisory
board (the ``Advisory Board'') to oversee and assess the
National Center established under Section 3 and to advise the
Secretary with respect to the National Center's work.
Section 4(b)(1) of the bill would require that, within 120
days of the enactment of this Act, the Secretary of VA, in
consultation with the Secretary of HHS, the Director of the
National Institute of Environmental Health Sciences, and other
heads of Federal agencies as the Secretary of VA determines
appropriate: (A) select no less than 13 voting members of the
Advisory Board, of whom no less than three must be members of
organizations exempt from taxation under section 501(c)(19) of
the Internal Revenue Code of 1986; no less than one must be 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 a parent or child
of that descendant; no less than six must be professionals,
scientists, or academics who are not employees of the Federal
Government and have expertise in birth defects, developmental
disabilities, epigenetics, public health, the science of
environmental exposure or environmental exposure assessment,
the science of toxic substances, or medical and research
ethics; and 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;
(B) and may select nonvoting members from among individuals
described in subparagraph (A) who are employees of the Federal
Government.
Section 4(b)(2) of the bill would require the Secretary to
select a Chairperson from among the members of the Advisory
Board.
Section 4(b)(3) of the bill would require that each member
of the Advisory Board serve a term of two or three years, as
determined by the Secretary. This paragraph would also require
that, at the end of each member's term, the Secretary be
allowed to reselect the member for another term, except that no
member may serve more than four consecutive terms.
Section 4(c) of the bill would require the Advisory Board
to: (1) oversee and assess the work of the National Center; (2)
at least quarterly, meet with the director or another
representative of the National Center on the Center's work,
including its research efforts; (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 on:
issues related to conduct at the National Center; 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 toxic
substances; 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 exposure of such individual to such toxic
substance; and 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 this Section to descendants described in such
paragraph, including a description of changes to existing
policy.
Section 4(d)(1) of the bill would require that, no later
than one year after the establishment of the Advisory Board
under subsection (a), and no less frequently than once a year
thereafter, the Advisory Board submit to the Committees on
Veterans' Affairs of the Senate and House and to the Secretary
a report on the Advisory Board's recommendations.
Section 4(d)(2) of the bill would require that each report
submitted under paragraph (1) 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): the health condition is related to the exposure of such
individual to such toxic substance; it is unclear whether the
health condition is related to the exposure of such individual
to such toxic substance; or the health condition is not related
to the exposure of such individual to such toxic substance.
Section 4(e) of the bill would require the Advisory Board
to meet at the call of the Chairperson, but no less frequently
than once per quarter.
Section 4(f) of the bill would require the members of the
Advisory Board to serve without compensation.
Section 4(g) of the bill would require the Secretary to
determine the appropriate expenses of the Advisory Board.
Section 4(h)(1) of the bill would allow the Chairperson,
without any regard to the civil service laws and regulations,
to appoint an executive director of the Advisory Board, who
shall be a civilian employee of VA, and such personnel as may
be necessary to enable the Advisory Board to perform its
duties.
Section 4(h)(2) of the bill would require that the
appointment of an executive director under paragraph (1) be
subject to approval by the Advisory Board.
Section 4(h) (3) of the bill would allow the Chairperson to
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, U.S.C., 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.
Section 5. Declassification review by Department of Defense of certain
incidents of exposure of Members of the Armed Forces to toxic
substances
Section 5(a) of this bill would require the Secretary to
conduct a declassification review to determine what information
may be made publicly available relating to any known incident
in which no 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 specialist in the field of occupational
medicine has determined to be credibly associated with that
toxic substance.
Section 5(b) of this bill would require that, to the extent
possible subject to subsection (c) and consistent with national
security, the Secretary of DOD make publicly available
information declassified following the review by subsection
(a).
Section 5(c) of the bill would require that information
made publicly available pursuant to subsection (b) 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; and (3) any potential health
conditions that may have resulted from exposure to that toxic
substance.
Section 6. National outreach campaign on potential long-term health
effects of exposure to toxic substances by Members of the Armed
Forces and their descendants
Section 6(a) of the bill would require the Secretary of VA,
in consultation with the Secretary of HHS and the Secretary of
DOD, to 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 incidents of exposure of members of the
Armed Forces to toxic substances, health conditions resulting
from such exposure, and the potential long-term effects of such
exposure on the individuals exposed to those substances and the
descendants of those individuals; and (2) information on the
National Center established under Section 3 for individuals
eligible to participate in studies conducted at the National
Center.
Section 6(b) of the bill would require the Secretary to
design and implement the national outreach and education
campaign conducted under subsection (a), including: (1) by
distributing printed materials containing information described
in subsection (a) to veterans; (2) by publishing such
information on a publicly available VA website; (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 VA medical facilities with
respect to such information and providing such employees with
printed materials containing such information.
Section 6(c) of the bill would require the Secretary of DOD
to assist the Secretary of VA in implementing the national
outreach and education campaign conducted under subsection (a)
by making the information described in subsection (a) available
to all members of the Armed Forces and their families, by
notifying all members of the Armed Forces of such information,
and by publishing such information on a publicly available DOD
website.
Section 6(d) of the bill would require the Secretary of HHS
to assist the Secretary of VA in implementing the national
outreach and education campaign conducted under subsection (a)
by making the information described in subsection (a) available
to members of the health care profession, by notifying such
members of such information, and by publishing such information
on a publicly available HHS website.
Section 7. Prohibition of new appropriations
Section 7 of the bill would prohibit the additional
authorization of appropriated funds to carry out this Act and
would instead require that this Act be carried out using
amounts otherwise made available for the purpose of this Act.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
If enacted, this bill would make no changes in existing
law.
[all]
