,,ii #aacth ,,congress #b;d ,session ,s4 #bgch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjad ,mr4 ,blumenthal 7for himself1 ,mr4 ,moran1 and ,mr4 ,begich7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to establish in the ,department of ,veterans ,affairs a national center for research on the diagnosis and treatment of health conditions of the descendants of veterans exposed to toxic substances during service in the ,armed ,forces1 to establish an advisory board on exposure to toxic substances1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,toxic ,exposure ,research ,act of #bjad4 #b4 ,definitions ,in this ,act3 7#a7 ,armed ,force ,the term ,armed ,force means the ,united ,states ,army1 ,navy1 ,marine ,corps1 ,air ,force1 or ,coast ,guard1 including the reserve components thereof4 7#b7 ,descendant ,the term descendant means1 with respect to an individual1 the biological child1 grandchild1 or great-grandchild of that individual4 7#c7 ,toxic substance ,the term toxic substance shall have the meaning given that term by the ,secretary of ,veterans ,affairs and shall include all substances that have been proven by peer reviewed scientific research or a preponderance of opinion in the medical community to lead to disabilities related to the exposure of an individual to those substances while serving as a member of the ,armed ,forces4 7#d7 ,veteran ,the term veteran has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 #c4 ,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 7a7 ,national center 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall1 in consultation with the advisory board established under section #d1 select a medical center of the ,department of ,veterans ,affairs to serve as the national center for research on the diagnosis and treatment of health conditions of descendants of individuals exposed to toxic substances while serving as members of the ,armed ,forces that are related to that exposure 7in this section referred to as the ,national ,center74 7#b7 ,criteria for selection ,the ,national ,center shall be selected under paragraph 7#a7 from among medical centers of the ,department with expertise in diagnosing and treating functional and structural birth defects and caring for individuals exposed to toxic substances1 or that are affiliated with research medical centers or teaching hospitals with such expertise1 that seek to be selected under this section4 7b7 ,research 7#a7 ,in general ,the ,national ,center may conduct research on the diagnosis and treatment of health conditions of descendants of individuals exposed to toxic substances while serving as members of the ,armed ,forces that are related to that exposure4 7#b7 ,studies ,in conducting research under paragraph 7#a71 the ,national ,center shall study individuals1 at the election of the individual1 for whom the ,secretary has made one of the following determinations3 7,a7 7i7 ,the individual is a descendant of an individual who served as a member of the ,armed ,forces2 7ii7 such member was exposed to a toxic substance while serving as a member of the ,armed ,forces2 and 7iii7 such descendant is afflicted with a health condition that is determined by the advisory board established in section #d to be a health condition that results from the exposure of such member to such toxic substance4 7,b7 7i7 ,the individual was exposed to a toxic substance while serving as a member of the ,armed ,forces2 and 7ii7 such individual is afflicted with a health condition that is determined by the advisory board established in section #d to be a health condition that results from the exposure of such individual to such toxic substance4 7#c7 ,use of records 7,a7 ,in general ,the ,secretary of ,defense or the head of a ,federal agency may make available to the ,secretary of ,veterans ,affairs for review records held by the ,department of ,defense1 an ,armed ,force1 or that ,federal agency1 as appropriate1 that might assist the ,secretary of ,veterans ,affairs in making the determinations required by paragraph 7#b74 7,b7 ,mechanism ,the ,secretary of ,veterans ,affairs and the ,secretary of ,defense or the head of the appropriate ,federal agency may jointly establish a mechanism for the availability and review of records by the ,secretary of ,veterans ,affairs under subparagraph 7,a74 7c7 ,social workers ,the ,national ,center shall employ not less than one licensed clinical social worker to coordinate access of individuals to appropriate ,federal1 ,state1 and local social and healthcare programs and to handle case management4 7d7 ,reimbursement for necessary travel and room and board ,the ,national ,center shall reimburse any individual participating in a study pursuant to subsection 7b71 and any parent1 guardian1 spouse1 or sibling who accompanies such individual1 for the reasonable cost of-- 7#a7 travel to the ,national ,center for participation in such study2 and 7#b7 room and board during the period in which such individual is participating in such study at the ,national ,center4 7e7 ,report ,not less frequently than annually1 the ,national ,center shall submit a report to ,congress on the functions of the ,national ,center during the year preceding the submittal of the report that includes a summary of the research efforts of the ,national ,center under this section that have been completed during such year and that are ongoing as of the date of the submittal of the report4 #d4 ,advisory board 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall establish an advisory board 7in this section referred to as the ,advisory ,board7-- 7#a7 to advise the ,national ,center established under section #c2 7#b7 to determine which health conditions result from exposure to toxic substances2 and 7#c7 to study and evaluate cases of exposure of current and former members of the ,armed ,forces to toxic substances if such exposure is related the service of the member in the ,armed ,forces4 7b7 ,membership 7#a7 ,composition ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall1 in consultation with the ,secretary of ,health and ,human ,services1 the ,director of the ,national ,institute of ,environmental ,health ,sciences1 and other heads of ,federal agencies as the ,secretary of ,veterans ,affairs determines appropriate1 select not less than #ac members of the ,advisory ,board1 of whom-- 7,a7 not less than three shall be members of organizations exempt from taxation under section #eja7;c77#ai7 of the ,internal ,revenue ,code of #aihf2 7,b7 not less than one shall be-- 7i7 a descendant of an individual who was exposed to toxic substances while serving as a member of the ,armed ,forces and the descendant has manifested a birth defect or functional disability as a result of the exposure of that individual2 or 7ii7 a parent1 child1 or grandchild of that descendant2 and 7,c7 additional members may be selected from among-- 7i7 health professionals1 scientists1 and academics with expertise in-- 7,i7 birth defects2 7,,ii7 developmental disabilities2 7,,iii7 epigenetics2 7,,iv7 public health2 7,v7 the science of environmental exposure or environmental exposure assessment2 7,,vi7 the science of toxic substances2 or 7,,vii7 medical and research ethics2 7ii7 social workers2 and 7iii7 advocates for veterans or members of the ,armed ,forces4 7#b7 ,chairperson ,the ,secretary shall select a ,chairperson from among the members of the ,advisory ,board4 7#c7 ,terms ,each member of the ,advisory ,board shall serve a term of two or three years as determined by the ,secretary4 7c7 ,duties 7#a7 ,advisory role with respect to the ,national ,center ,with respect to the ,national ,center established under section #c1 the ,advisory ,board shall-- 7,a7 oversee and assess the work of the ,national ,center2 and 7,b7 advise the ,secretary of ,veterans ,affairs on-- 7i7 issues related to the research conducted at the ,national ,center2 and 7ii7 the particular benefits and services required by the descendants of individuals exposed to toxic substances while serving as members of the ,armed ,forces4 7#b7 ,determination that health conditions resulted from toxic exposure ,the ,advisory ,board shall determine which health conditions in descendants of individuals exposed to toxic substances while serving as members of the ,armed ,forces are health conditions that resulted from the exposure of that individual to that toxic substance for purposes of eligibility of those descendants for medical care under section #agha of title #ch1 ,united ,states ,code4 7#c7 ,study and consideration of toxic substance exposure claims 7,a7 ,in general ,the ,advisory ,board shall study and evaluate claims of exposure to toxic substances by current and former members of the ,armed ,forces that is related to the service of the member in the ,armed ,forces4 7,b7 ,submission of claims ,claims of exposure described in subparagraph 7,a7 may be submitted to the ,advisory ,board in such form and in such manner as the ,secretary of ,veterans ,affairs may require by any of the following individuals or entities3 7i7 ,a member of the ,armed ,forces4 7ii7 ,a veteran4 7iii7 ,a descendant of a member of the ,armed ,forces4 7iv7 ,a descendant of a veteran4 7v7 ,a veterans advocacy group4 7vi7 ,an official of the ,department of ,veterans ,affairs with responsibility or experience monitoring the health of current and former members of the ,armed ,forces4 7vii7 ,an official of the ,department of ,defense with responsibility or experience monitoring the health of current and former members of the ,armed ,forces4 7,c7 ,consideration of claims ,not later than #ahj days after receiving a claim submitted pursuant to subparagraph 7,b71 the ,advisory ,board shall consider the claim and take one of the following actions3 7i7 ,if the ,advisory ,board determines that exposure to a toxic substance occurred to a degree that an individual exposed to that substance may have or develop a medical condition that would qualify that individual for health care or compensation from the ,department of ,veterans ,affairs or the ,department of ,defense1 the ,advisory ,board shall submit to the ,secretary of ,veterans ,affairs a report described in subparagraph 7,d74 7ii7 ,if the ,advisory ,board determines that further consideration of the claim is necessary to adequately assess the extent of exposure1 the ,advisory ,board shall refer the claim to the ,national ,center established under section #c to conduct further research and report its findings to the ,advisory ,board4 7iii7 ,if the ,advisory ,board determines that exposure to a toxic substance did not occur1 the ,advisory ,board shall report such determination to the ,secretary of ,veterans ,affairs4 7,d7 ,report ,if the ,advisory ,board makes a determination under subparagraph 7,c77i71 the ,advisory ,board shall submit to the ,secretary of ,veterans ,affairs a report that contains the following3 7i7 ,evidence used by the ,advisory ,board in making the determination under subparagraph 7,c77i71 including1 if appropriate1 the following3 7,i7 ,scientific research4 7,,ii7 ,peer-reviewed articles from scientific journals relating to exposure to toxic substances4 7,,iii7 ,medical research conducted by the ,department of ,veterans ,affairs1 the ,department of ,defense1 or the medical community4 7ii7 ,recommendations on the extent to which the ,department of ,veterans ,affairs or the ,department of ,defense should provide health care1 benefits1 or other compensation with respect to exposure to a toxic substance to the following individuals3 7,i7 ,an individual exposed to a toxic substance as determined under subparagraph 7,c77i74 7,,ii7 ,a descendant of that individual4 7iii7 ,information on cost and attributable exposure1 as defined in regulations prescribed pursuant to this ,act4 7,e7 ,publication of evidence 7i7 ,in general ,except as provided in clause 7ii71 the ,secretary shall publish in the ,federal ,register the evidence described in clause 7i7 of subparagraph 7,d7 that is submitted with the report required by that subparagraph4 7ii7 ,exception ,such evidence may not be published if the ,secretary determines that preventing such publication-- 7,i7 is in the national security interest of the ,united ,states2 or 7,,ii7 protects the privacy interests of individuals exposed to toxic substances4 7,f7 ,subpoena authority ,the ,advisory ,board may require by subpoena the attendance and testimony of witnesses necessary to consider claims of exposure to toxic substances under this paragraph4 7,g7 ,cooperation of ,federal ,agencies ,the head of each relevant ,federal agency1 including the ,administrator of the ,environmental ,protection ,agency1 shall cooperate fully with the ,advisory ,board for purposes of considering claims of exposure to toxic substances under this paragraph4 7d7 ,meetings ,the ,advisory ,board shall meet at the call of the ,chair1 but not less frequently than semiannually4 7e7 ,compensation 7#a7 ,in general ,the members of the ,advisory ,board shall serve without compensation4 7#b7 ,travel expenses ,the members of the ,advisory ,board shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,advisory ,board4 7f7 ,personnel 7#a7 ,in general ,the ,chairperson may1 without regard to the civil service laws and regulations1 appoint an executive director of the ,advisory ,board1 who shall be a civilian employee of the ,department of ,veterans ,affairs1 and such other personnel as may be necessary to enable the ,advisory ,board to perform its duties4 7#b7 ,approval ,the appointment of an executive director under paragraph 7#a7 shall be subject to approval by the ,advisory ,board4 7#c7 ,compensation ,the ,chairperson may fix the compensation of the executive director and other personnel without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 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 #ecaf of such title4 #e4 ,declassification by ,department of ,defense of certain incidents of exposure of members of the ,armed ,forces to toxic substances 7a7 ,in general ,the ,secretary of ,defense may declassify documents related to any known incident in which not less than #ajj 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 substance4 7b7 ,limitation ,the declassification authorized by subsection 7a7 shall be limited to information necessary for an individual who was potentially exposed to a toxic substance to determine the following3 7#a7 ,whether that individual was exposed to that toxic substance4 7#b7 ,the potential severity of the exposure of that individual to that toxic substance4 7#c7 ,any potential health conditions that may have resulted from exposure to that toxic substance4 7c7 ,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 ,states4 #f4 ,national outreach campaign on potential long-term health effects of exposure to toxic substances by members of the ,armed ,forces and their descendants ,the ,secretary of ,veterans ,affairs1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,defense shall jointly conduct a national outreach and education campaign directed towards members of the ,armed ,forces1 veterans1 and their family members to communicate the following information3 7#a7 ,information on-- 7,a7 incidents of exposure of members of the ,armed ,forces to toxic substances2 7,b7 health conditions resulting from such exposure2 and 7,c7 the potential long-term effects of such exposure on the individuals exposed to those substances and the descendants of those individuals4 7#b7 ,information on the ,national ,center established under section #c of this ,act for individuals eligible to participate in studies conducted at the ,national ,center4