I 

114TH CONGRESS 

1ST SESSION H. R. 1769 

To establish in the Department of Veterans Affairs a national center for 

research on the diagnosis and treatment of health conditions of the 

descendants of veterans exposed to toxic substances during service in 

the Armed Forces that are related to that exposure, to establish an 

advisory board on such health conditions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 14, 2015 

Mr. BENISHEK (for himself, Mr. HONDA, and Ms. ESTY) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, 

and in addition to the Committee on Armed Services, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish in the Department of Veterans Affairs a national center for research on the diagnosis and treatment 

of health conditions of the descendants of veterans exposed to toxic substances during service in the Armed 

Forces that are related to that exposure, to establish 

an advisory board on such health conditions, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Toxic Exposure Re3 search Act of 2015’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ARMED FORCE.—The term ‘‘Armed Force’’ 

7 means the United States Army, Navy, Marine 

8 Corps, Air Force, or Coast Guard, including the re9 serve components thereof. 

10 (2) DESCENDANT.—The term ‘‘descendant’’ 

11 means, with respect to an individual, the biological 

12 child, grandchild, or great-grandchild of that indi13 vidual. 

14 (3) EXPOSED.—The term ‘‘exposed’’ means, 

15 with respect to a toxic substance, that an individual 

16 came into contact with that toxic substance in a 

17 manner that could be hazardous to the health of 

18 that individual, that may include if that toxic sub19 stance was inhaled, ingested, or touched the skin or 

20 eyes. 

21 (4) EXPOSURE.—The term ‘‘exposure’’ means, 

22 with respect to a toxic substance, an event during 

23 which an individual was exposed to that toxic sub24 stance. 

25 (5) TOXIC SUBSTANCE.—The term ‘‘toxic sub26 stance’’ means any substance determined by the AdVerDate Sep 11 2014 23:34 Apr 16, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1769.IH H1769

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1 ministrator of the Environmental Protection Agency 

2 to be harmful to the environment or hazardous to 

3 the health of an individual if inhaled or ingested by 

4 or absorbed through the skin of that individual. 

5 (6) VETERAN.—The term ‘‘veteran’’ has the 

6 meaning given that term in section 101 of title 38, 

7 United States Code. 

8 SEC. 3. NATIONAL CENTER FOR RESEARCH ON THE DIAG9 NOSIS AND TREATMENT OF HEALTH CONDI10 TIONS OF THE DESCENDANTS OF INDIVID11 UALS EXPOSED TO TOXIC SUBSTANCES DUR12 ING SERVICE IN THE ARMED FORCES THAT 

13 ARE RELATED TO SUCH SERVICE. 

14 (a) NATIONAL CENTER.— 

15 (1) IN GENERAL.—Not later than one year 

16 after the date of the enactment of this Act, the Sec17 retary of Veterans Affairs shall, in consultation with 

18 the Advisory Board established under section 4, se19 lect a medical center of the Department of Veterans 

20 Affairs to serve as the national center for research 

21 on the diagnosis and treatment of health conditions 

22 of descendants of individuals exposed to toxic sub23 stances while serving as members of the Armed 

24 Forces that are related to such exposure (in this Act 

25 referred to as the ‘‘National Center’’). 


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1 (2) CRITERIA FOR SELECTION.— 

2 (A) IN GENERAL.—The National Center 

3 shall be selected under paragraph (1) from 

4 among medical centers of the Department with 

5 expertise described in subparagraph (B), or 

6 that are affiliated with research medical centers 

7 or teaching hospitals with such expertise, that 

8 seek to be selected under this section. 

9 (B) EXPERTISE DESCRIBED.—The exper10 tise described in this subparagraph is— 

11 (i) expertise in diagnosing and treat12 ing functional and structural birth defects; 

13 or 

14 (ii) expertise in caring for individuals 

15 exposed to toxic substances and diagnosing 

16 and treating any health conditions result17 ing from such exposure. 

18 (C) PREFERENCE.—Preference for selec19 tion under paragraph (1) shall be given to med20 ical centers of the Department with expertise 

21 described in clauses (i) and (ii) of subparagraph 

22 (B), or that are affiliated with research medical 

23 centers or teaching hospitals with such exper24 tise. 

25 (b) RESEARCH.— 


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1 (1) IN GENERAL.—The National Center shall 

2 conduct research on the diagnosis and treatment of 

3 health conditions of descendants of individuals ex4 posed to toxic substances while serving as members 

5 of the Armed Forces that are related to that expo6 sure. 

7 (2) STUDIES.—In conducting research under 

8 paragraph (1), the National Center shall study indi9 viduals, at the election of the individual, for whom 

10 the Secretary has made one of the following deter11 minations: 

12 (A)(i) The individual is a descendant of an 

13 individual who served as a member of the 

14 Armed Forces; 

15 (ii) such member was exposed to a toxic 

16 substance while serving as a member of the 

17 Armed Forces; and 

18 (iii) such descendant is afflicted with a 

19 health condition that is related to the exposure 

20 of such member to such toxic substance. 

21 (B)(i) The individual was exposed to a 

22 toxic substance while serving as a member of 

23 the Armed Forces; and 


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1 (ii) such individual is afflicted with a 

2 health condition that is related to the exposure 

3 of such individual to such toxic substance. 

4 (3) USE OF RECORDS.— 

5 (A) IN GENERAL.—The Secretary of De6 fense or the head of a Federal agency shall 

7 make available to the Secretary of Veterans Af8 fairs for review records held by the Department 

9 of Defense, an Armed Force, or that Federal 

10 agency, as appropriate, that might assist the 

11 Secretary of Veterans Affairs in making the de12 terminations required by paragraph (2). 

13 (B) MECHANISM.—The Secretary of Vet14 erans Affairs and the Secretary of Defense or 

15 the head of the appropriate Federal agency 

16 shall jointly establish a mechanism for the 

17 availability and review of records by the Sec18 retary of Veterans Affairs under subparagraph 

19 (A). 

20 (c) SOCIAL WORKERS.—The National Center shall 

21 employ not less than one licensed clinical social worker to 

22 coordinate access of individuals to appropriate Federal, 

23 State, and local social and healthcare programs and to 

24 handle case management. 


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1 (d) REIMBURSEMENT FOR NECESSARY TRAVEL AND

2 ROOM AND BOARD.—The National Center shall reimburse 

3 any individual participating in a study pursuant to sub4 section (b), and any parent, guardian, spouse, or sibling 

5 who accompanies such individual, for the reasonable cost 

6 of— 

7 (1) travel to the National Center for participa8 tion in such study; and 

9 (2) room and board during the period in which 

10 such individual is participating in such study at the 

11 National Center. 

12 (e) REPORTS.— 

13 (1) ANNUAL REPORT.— 

14 (A) IN GENERAL.—Not less frequently 

15 than annually, the National Center shall submit 

16 to Congress and the Advisory Board established 

17 under section 4 a report on the functions of the 

18 National Center during the year preceding the 

19 submittal of the report that includes a sum20 mary of the research efforts of the National 

21 Center that have been completed during such 

22 year and that are ongoing as of the date of the 

23 submittal of the report. 

24 (B) UPON REQUEST.—Upon the request of 

25 any organization exempt from taxation under 


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1 section 501(c)(19) of the Internal Revenue 

2 Code of 1986, the National Center shall submit 

3 a copy of a report submitted under subpara4 graph (A) to such organization. 

5 (2) QUARTERLY REPORT TO ADVISORY

6 BOARD.—Not less frequently than quarterly, the Na7 tional Center shall submit to the Advisory Board a 

8 report on the functions of the National Center dur9 ing the quarter preceding the submittal of the report 

10 that includes the following: 

11 (A) A summary of the research efforts of 

12 the National Center during such quarter. 

13 (B) A description of any determinations 

14 made by the National Center pursuant to such 

15 research efforts regarding whether health condi16 tions of descendants of individuals exposed to 

17 toxic substances while serving as members of 

18 the Armed Forces are related to that exposure. 

19 SEC. 4. ADVISORY BOARD. 

20 (a) ESTABLISHMENT.—Not later than 180 days after 

21 the date of the enactment of this Act, the Secretary of 

22 Veterans Affairs shall establish an advisory board (in this 

23 section referred to as the ‘‘Advisory Board’’) to oversee 

24 and assess the National Center established under section 


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1 3 and to advise the Secretary of Veterans Affairs with re2 spect to the work of the National Center. 

3 (b) MEMBERSHIP.— 

4 (1) COMPOSITION.—Not later than 120 days 

5 after the date of the enactment of this Act, the Sec6 retary of Veterans Affairs, in consultation with the 

7 Secretary of Health and Human Services, the Direc8 tor of the National Institute of Environmental 

9 Health Sciences, and other heads of Federal agen10 cies as the Secretary of Veterans Affairs determines 

11 appropriate— 

12 (A) shall select not less than 13 voting 

13 members of the Advisory Board, of whom— 

14 (i) not less than three shall be mem15 bers of organizations exempt from taxation 

16 under section 501(c)(19) of the Internal 

17 Revenue Code of 1986; 

18 (ii) not less than one shall be— 

19 (I) a descendant of an individual 

20 who was exposed to toxic substances 

21 while serving as a member of the 

22 Armed Forces and the descendant has 

23 manifested a structural or functional 

24 birth defect or a health condition that 


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1 is related to the exposure of such indi2 vidual to such toxic substance; or 

3 (II) a parent, child, or grandchild 

4 of that descendant; 

5 (iii) not less than six shall be health 

6 professionals, scientists, or academics who 

7 are not employees of the Federal Govern8 ment and have expertise in— 

9 (I) birth defects; 

10 (II) developmental disabilities; 

11 (III) epigenetics; 

12 (IV) public health; 

13 (V) the science of environmental 

14 exposure or environmental exposure 

15 assessment; 

16 (VI) the science of toxic sub17 stances; or 

18 (VII) medical and research eth19 ics; and 

20 (iv) additional members may be se21 lected from among social workers and ad22 vocates for veterans or members of the 

23 Armed Forces who are not employees of 

24 the Federal Government; and 


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1 (B) may select nonvoting members from 

2 among individuals described in clause (iii) or 

3 (iv) of subparagraph (A) who are employees of 

4 the Federal Government. 

5 (2) CHAIRPERSON.—The Secretary shall select 

6 a Chairperson from among the members of the Advi7 sory Board. 

8 (3) TERMS.— 

9 (A) IN GENERAL.—Each member of the 

10 Advisory Board shall serve a term of two or 

11 three years as determined by the Secretary. 

12 (B) REAPPOINTMENT.—At the end of the 

13 term of a member of the Advisory Board, the 

14 Secretary may reselect the member for another 

15 term, except that no member may serve more 

16 than four consecutive terms. 

17 (c) DUTIES.—The Advisory Board shall— 

18 (1) oversee and assess the work of the National 

19 Center; 

20 (2) not less frequently than quarterly, meet 

21 with the director or another representative of the 

22 National Center on the work conducted at the Na23 tional Center, including the research efforts of the 

24 National Center; 


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1 (3) review the annual report submitted by the 

2 National Center to Congress and the Advisory Board 

3 under section 3(e)(1); and 

4 (4) advise the Secretary of Veterans Affairs 

5 on— 

6 (A) issues related to the research con7 ducted at the National Center; 

8 (B) health conditions of descendants of in9 dividuals exposed to toxic substances while serv10 ing as members of the Armed Forces that are 

11 related to the exposure of such individual to 

12 such toxic substance; 

13 (C) health care services that are needed by 

14 the descendants of individuals exposed to toxic 

15 substances while serving as members of the 

16 Armed Forces for health conditions that are re17 lated to the exposure of such individual to such 

18 toxic substance; and 

19 (D) any determinations or recommenda20 tions that the Advisory Board may have with 

21 respect to the feasibility and advisability of the 

22 Department providing health care services de23 scribed in subparagraph (C) to descendants de24 scribed in such subparagraph, including a de25 scription of changes to existing policy. 


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1 (d) REPORT.— 

2 (1) IN GENERAL.—Not later than one year 

3 after the establishment of the Advisory Board under 

4 subsection (a), and not less frequently than once 

5 each year thereafter, the Advisory Board shall sub6 mit to the Committee on Veterans’ Affairs of the 

7 Senate, the Committee on Veterans’ Affairs of the 

8 House of Representatives, and the Secretary of Vet9 erans Affairs a report on the recommendations of 

10 the Advisory Board. 

11 (2) ELEMENTS.—Each report submitted under 

12 paragraph (1) shall include recommendations for ad13 ministrative or legislative action, including rec14 ommendations for further research by the National 

15 Center, with respect to each health condition of a 

16 descendant of an individual exposed to a toxic sub17 stance while serving as a member of the Armed 

18 Forces for which the National Center has made one 

19 of the following determinations in conducting re20 search under section 3(b): 

21 (A) The health condition is related to the 

22 exposure of such individual to such toxic sub23 stance. 


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1 (B) It is unclear whether the health condi2 tion is related to the exposure of such individual 

3 to such toxic substance. 

4 (C) The health condition is not related to 

5 the exposure of such individual to such toxic 

6 substance. 

7 (e) MEETINGS.—The Advisory Board shall meet at 

8 the call of the Chair, but not less frequently than quar9 terly. 

10 (f) COMPENSATION.—The members of the Advisory 

11 Board shall serve without compensation. 

12 (g) EXPENSES.—The Secretary of Veterans Affairs 

13 shall determine the appropriate expenses of the Advisory 

14 Board. 

15 (h) PERSONNEL.— 

16 (1) IN GENERAL.—The Chairperson may, with17 out regard to the civil service laws and regulations, 

18 appoint an executive director of the Advisory Board, 

19 who shall be a civilian employee of the Department 

20 of Veterans Affairs, and such other personnel as 

21 may be necessary to enable the Advisory Board to 

22 perform its duties. 

23 (2) APPROVAL.—The appointment of an execu24 tive director under paragraph (1) shall be subject to 

25 approval by the Advisory Board. 


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1 (3) COMPENSATION.—The Chairperson may fix 

2 the compensation of the executive director and other 

3 personnel without regard to the provisions of chapter 

4 51 and subchapter III of chapter 53 of title 5, 

5 United States Code, except that the rate of pay for 

6 the executive director and other personnel may not 

7 exceed the rate payable for level V of the Executive 

8 Schedule under section 5316 of such title. 

9 SEC. 5. DECLASSIFICATION BY DEPARTMENT OF DEFENSE 

10 OF CERTAIN INCIDENTS OF EXPOSURE OF 

11 MEMBERS OF THE ARMED FORCES TO TOXIC 

12 SUBSTANCES. 

13 (a) IN GENERAL.—The Secretary of Defense shall 

14 declassify documents related to any known incident in 

15 which not less than 100 members of the Armed Forces 

16 were exposed to a toxic substance that resulted in at least 

17 one case of a disability that a member of the medical pro18 fession has determined to be associated with that toxic 

19 substance. 

20 (b) LIMITATION.—The declassification required by 

21 subsection (a) shall be limited to information necessary 

22 for an individual who was potentially exposed to a toxic 

23 substance to determine the following: 

24 (1) Whether that individual was exposed to that 

25 toxic substance. 


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1 (2) The potential severity of the exposure of 

2 that individual to that toxic substance. 

3 (3) Any potential health conditions that may 

4 have resulted from exposure to that toxic substance. 

5 (c) EXCEPTION.—The Secretary of Defense is not re6 quired to declassify documents if the Secretary determines 

7 that declassification of those documents would materially 

8 and immediately threaten the security of the United 

9 States. 

10 SEC. 6. NATIONAL OUTREACH CAMPAIGN ON POTENTIAL 

11 LONG-TERM HEALTH EFFECTS OF EXPOSURE 

12 TO TOXIC SUBSTANCES BY MEMBERS OF THE 

13 ARMED FORCES AND THEIR DESCENDANTS. 

14 (a) IN GENERAL.—The Secretary of Veterans Affairs 

15 shall, in consultation with the Secretary of Health and 

16 Human Services and the Secretary of Defense, conduct 

17 a national outreach and education campaign directed to18 ward members of the Armed Forces, veterans, and their 

19 family members to communicate the following informa20 tion: 

21 (1) Information on— 

22 (A) incidents of exposure of members of 

23 the Armed Forces to toxic substances; 

24 (B) health conditions resulting from such 

25 exposure; and 


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1 (C) the potential long-term effects of such 

2 exposure on the individuals exposed to those 

3 substances and the descendants of those indi4 viduals. 

5 (2) Information on the National Center estab6 lished under section 3 for individuals eligible to par7 ticipate in studies conducted at the National Center. 

8 (b) DEPARTMENT OF VETERANS AFFAIRS.—In car9 rying out this section, the Secretary of Veterans Affairs 

10 shall design and implement the national outreach and edu11 cation campaign conducted under subsection (a), includ12 ing— 

13 (1) by distributing printed materials containing 

14 the information described in subsection (a) to vet15 erans; 

16 (2) by publishing such information on an Inter17 net website of the Department of Veterans Affairs 

18 that is available to the public; 

19 (3) by presenting such information in person at 

20 facilities that serve a large number of veterans or 

21 members of the Armed Forces; and 

22 (4) by educating employees of all medical facili23 ties of the Department with respect to such informa24 tion and providing such employees with printed ma25 terials containing such information. 


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1 (c) DEPARTMENT OF DEFENSE.—The Secretary of 

2 Defense shall assist the Secretary of Veterans Affairs in 

3 implementing the national outreach and education cam4 paign conducted under subsection (a)— 

5 (1) by making the information described in sub6 section (a) available to all members of the Armed 

7 Forces and their families; 

8 (2) by notifying all members of the Armed 

9 Forces of such information; and 

10 (3) by publishing such information on an Inter11 net website of the Department of Defense that is 

12 available to the public. 

13 (d) DEPARTMENT OF HEALTH AND HUMAN SERV14 ICES.—The Secretary of Health and Human Services shall 

15 assist the Secretary of Veterans Affairs in implementing 

16 the national outreach and education campaign conducted 

17 under subsection (a)— 

18 (1) by making the information described in sub19 section (a) available to members of the health care 

20 profession; 

21 (2) by notifying such members of such informa22 tion; and 

23 (3) by publishing such information on an Inter24 net website of the Department of Health and 

25 Human Services that is available to the public. 


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1 SEC. 7. PROHIBITION ON NEW APPROPRIATIONS. 

2 No additional funds are authorized to be appro3 priated to carry out this Act and this Act shall be carried 

4 out using amounts otherwise made available for the pur5 poses of this Act. 

Æ 


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