II 

113TH CONGRESS 

2D SESSION S. 2738 

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, to establish an advisory board on exposure to toxic 

substances, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2014 

Mr. BLUMENTHAL (for himself, Mr. MORAN, and Mr. BEGICH) introduced the 

following bill; 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 

Forces, to establish an advisory board on exposure to 

toxic substances, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Toxic Exposure Re5 search Act of 2014’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 2738 IS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 means the United States Army, Navy, Marine 

5 Corps, Air Force, or Coast Guard, including the re6 serve components thereof. 

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

8 means, with respect to an individual, the biological 

9 child, grandchild, or great-grandchild of that indi10 vidual. 

11 (3) TOXIC SUBSTANCE.—The term ‘‘toxic sub12 stance’’ shall have the meaning given that term by 

13 the Secretary of Veterans Affairs and shall include 

14 all substances that have been proven by peer re15 viewed scientific research or a preponderance of 

16 opinion in the medical community to lead to disabil17 ities related to the exposure of an individual to those 

18 substances while serving as a member of the Armed 

19 Forces. 

20 (4) VETERAN.—The term ‘‘veteran’’ has the 

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

22 United States Code. 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•S 2738 IS

1 SEC. 3. NATIONAL CENTER FOR RESEARCH ON THE DIAG2 NOSIS AND TREATMENT OF HEALTH CONDI3 TIONS OF THE DESCENDANTS OF INDIVID4 UALS EXPOSED TO TOXIC SUBSTANCES DUR5 ING SERVICE IN THE ARMED FORCES. 

6 (a) NATIONAL CENTER.— 

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

8 after the date of the enactment of this Act, the Sec9 retary of Veterans Affairs shall, in consultation with 

10 the advisory board established under section 4, select 

11 a medical center of the Department of Veterans Af12 fairs to serve as the national center for research on 

13 the diagnosis and treatment of health conditions of 

14 descendants of individuals exposed to toxic sub15 stances while serving as members of the Armed 

16 Forces that are related to that exposure (in this sec17 tion referred to as the ‘‘National Center’’). 

18 (2) CRITERIA FOR SELECTION.—The National 

19 Center shall be selected under paragraph (1) from 

20 among medical centers of the Department with ex21 pertise in diagnosing and treating functional and 

22 structural birth defects and caring for individuals 

23 exposed to toxic substances, or that are affiliated 

24 with research medical centers or teaching hospitals 

25 with such expertise, that seek to be selected under 

26 this section. 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•S 2738 IS

1 (b) RESEARCH.— 

2 (1) IN GENERAL.—The National Center may 

3 conduct research on the diagnosis and treatment of 

4 health conditions of descendants of individuals ex5 posed to toxic substances while serving as members 

6 of the Armed Forces that are related to that expo7 sure. 

8 (2) STUDIES.—In conducting research under 

9 paragraph (1), the National Center shall study indi10 viduals, at the election of the individual, for whom 

11 the Secretary has made one of the following deter12 minations: 

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

14 individual who served as a member of the 

15 Armed Forces; 

16 (ii) such member was exposed to a toxic 

17 substance while serving as a member of the 

18 Armed Forces; and 

19 (iii) such descendant is afflicted with a 

20 health condition that is determined by the advi21 sory board established in section 4 to be a 

22 health condition that results from the exposure 

23 of such member to such toxic substance. 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•S 2738 IS

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

2 toxic substance while serving as a member of 

3 the Armed Forces; and 

4 (ii) such individual is afflicted with a 

5 health condition that is determined by the advi6 sory board established in section 4 to be a 

7 health condition that results from the exposure 

8 of such individual to such toxic substance. 

9 (3) USE OF RECORDS.— 

10 (A) IN GENERAL.—The Secretary of De11 fense or the head of a Federal agency may 

12 make available to the Secretary of Veterans Af13 fairs for review records held by the Department 

14 of Defense, an Armed Force, or that Federal 

15 agency, as appropriate, that might assist the 

16 Secretary of Veterans Affairs in making the de17 terminations required by paragraph (2). 

18 (B) MECHANISM.—The Secretary of Vet19 erans Affairs and the Secretary of Defense or 

20 the head of the appropriate Federal agency may 

21 jointly establish a mechanism for the avail22 ability and review of records by the Secretary of 

23 Veterans Affairs under subparagraph (A). 

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

25 employ not less than one licensed clinical social worker to 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•S 2738 IS

1 coordinate access of individuals to appropriate Federal, 

2 State, and local social and healthcare programs and to 

3 handle case management. 

4 (d) REIMBURSEMENT FOR NECESSARY TRAVEL AND

5 ROOM AND BOARD.—The National Center shall reimburse 

6 any individual participating in a study pursuant to sub7 section (b), and any parent, guardian, spouse, or sibling 

8 who accompanies such individual, for the reasonable cost 

9 of— 

10 (1) travel to the National Center for participa11 tion in such study; and 

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

13 such individual is participating in such study at the 

14 National Center. 

15 (e) REPORT.—Not less frequently than annually, the 

16 National Center shall submit a report to Congress on the 

17 functions of the National Center during the year preceding 

18 the submittal of the report that includes a summary of 

19 the research efforts of the National Center under this sec20 tion that have been completed during such year and that 

21 are ongoing as of the date of the submittal of the report. 

22 SEC. 4. ADVISORY BOARD. 

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

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


smartinez on DSK4TPTVN1PROD with BILLS
7 

•S 2738 IS

1 Veterans Affairs shall establish an advisory board (in this 

2 section referred to as the ‘‘Advisory Board’’)— 

3 (1) to advise the National Center established 

4 under section 3; 

5 (2) to determine which health conditions result 

6 from exposure to toxic substances; and 

7 (3) to study and evaluate cases of exposure of 

8 current and former members of the Armed Forces to 

9 toxic substances if such exposure is related the serv10 ice of the member in the Armed Forces. 

11 (b) MEMBERSHIP.— 

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

13 after the date of the enactment of this Act, the Sec14 retary of Veterans Affairs shall, in consultation with 

15 the Secretary of Health and Human Services, the 

16 Director of the National Institute of Environmental 

17 Health Sciences, and other heads of Federal agen18 cies as the Secretary of Veterans Affairs determines 

19 appropriate, select not less than 13 members of the 

20 Advisory Board, of whom— 

21 (A) not less than three shall be members 

22 of organizations exempt from taxation under 

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

24 Code of 1986; 

25 (B) not less than one shall be— 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•S 2738 IS

1 (i) a descendant of an individual who 

2 was exposed to toxic substances while serv3 ing as a member of the Armed Forces and 

4 the descendant has manifested a birth de5 fect or functional disability as a result of 

6 the exposure of that individual; or 

7 (ii) a parent, child, or grandchild of 

8 that descendant; and 

9 (C) additional members may be selected 

10 from among— 

11 (i) health professionals, scientists, and 

12 academics with expertise in— 

13 (I) birth defects; 

14 (II) developmental disabilities; 

15 (III) epigenetics; 

16 (IV) public health; 

17 (V) the science of environmental 

18 exposure or environmental exposure 

19 assessment; 

20 (VI) the science of toxic sub21 stances; or 

22 (VII) medical and research eth23 ics; 

24 (ii) social workers; and 


smartinez on DSK4TPTVN1PROD with BILLS
9 

•S 2738 IS

1 (iii) advocates for veterans or mem2 bers of the Armed Forces. 

3 (2) CHAIRPERSON.—The Secretary shall select 

4 a Chairperson from among the members of the Advi5 sory Board. 

6 (3) TERMS.—Each member of the Advisory 

7 Board shall serve a term of two or three years as 

8 determined by the Secretary. 

9 (c) DUTIES.— 

10 (1) ADVISORY ROLE WITH RESPECT TO THE

11 NATIONAL CENTER.—With respect to the National 

12 Center established under section 3, the Advisory 

13 Board shall— 

14 (A) oversee and assess the work of the Na15 tional Center; and 

16 (B) advise the Secretary of Veterans Af17 fairs on— 

18 (i) issues related to the research con19 ducted at the National Center; and 

20 (ii) the particular benefits and serv21 ices required by the descendants of individ22 uals exposed to toxic substances while serv23 ing as members of the Armed Forces. 

24 (2) DETERMINATION THAT HEALTH CONDI25 TIONS RESULTED FROM TOXIC EXPOSURE.—The AdVerDate Mar 15 2010 03:44 Aug 13, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2738.IS S2738

smartinez on DSK4TPTVN1PROD with BILLS
10 

•S 2738 IS

1 visory Board shall determine which health conditions 

2 in descendants of individuals exposed to toxic sub3 stances while serving as members of the Armed 

4 Forces are health conditions that resulted from the 

5 exposure of that individual to that toxic substance 

6 for purposes of eligibility of those descendants for 

7 medical care under section 1781 of title 38, United 

8 States Code. 

9 (3) STUDY AND CONSIDERATION OF TOXIC SUB10 STANCE EXPOSURE CLAIMS.— 

11 (A) IN GENERAL.—The Advisory Board 

12 shall study and evaluate claims of exposure to 

13 toxic substances by current and former mem14 bers of the Armed Forces that is related to the 

15 service of the member in the Armed Forces. 

16 (B) SUBMISSION OF CLAIMS.—Claims of 

17 exposure described in subparagraph (A) may be 

18 submitted to the Advisory Board in such form 

19 and in such manner as the Secretary of Vet20 erans Affairs may require by any of the fol21 lowing individuals or entities: 

22 (i) A member of the Armed Forces. 

23 (ii) A veteran. 

24 (iii) A descendant of a member of the 

25 Armed Forces. 


smartinez on DSK4TPTVN1PROD with BILLS
11 

•S 2738 IS

1 (iv) A descendant of a veteran. 

2 (v) A veterans advocacy group. 

3 (vi) An official of the Department of 

4 Veterans Affairs with responsibility or ex5 perience monitoring the health of current 

6 and former members of the Armed Forces. 

7 (vii) An official of the Department of 

8 Defense with responsibility or experience 

9 monitoring the health of current and 

10 former members of the Armed Forces. 

11 (C) CONSIDERATION OF CLAIMS.—Not 

12 later than 180 days after receiving a claim sub13 mitted pursuant to subparagraph (B), the Advi14 sory Board shall consider the claim and take 

15 one of the following actions: 

16 (i) If the Advisory Board determines 

17 that exposure to a toxic substance occurred 

18 to a degree that an individual exposed to 

19 that substance may have or develop a med20 ical condition that would qualify that indi21 vidual for health care or compensation 

22 from the Department of Veterans Affairs 

23 or the Department of Defense, the Advi24 sory Board shall submit to the Secretary of 


smartinez on DSK4TPTVN1PROD with BILLS
12 

•S 2738 IS

1 Veterans Affairs a report described in sub2 paragraph (D). 

3 (ii) If the Advisory Board determines 

4 that further consideration of the claim is 

5 necessary to adequately assess the extent 

6 of exposure, the Advisory Board shall refer 

7 the claim to the National Center estab8 lished under section 3 to conduct further 

9 research and report its findings to the Ad10 visory Board. 

11 (iii) If the Advisory Board determines 

12 that exposure to a toxic substance did not 

13 occur, the Advisory Board shall report 

14 such determination to the Secretary of 

15 Veterans Affairs. 

16 (D) REPORT.—If the Advisory Board 

17 makes a determination under subparagraph 

18 (C)(i), the Advisory Board shall submit to the 

19 Secretary of Veterans Affairs a report that con20 tains the following: 

21 (i) Evidence used by the Advisory 

22 Board in making the determination under 

23 subparagraph (C)(i), including, if appro24 priate, the following: 

25 (I) Scientific research. 


smartinez on DSK4TPTVN1PROD with BILLS
13 

•S 2738 IS

1 (II) Peer-reviewed articles from 

2 scientific journals relating to exposure 

3 to toxic substances. 

4 (III) Medical research conducted 

5 by the Department of Veterans Af6 fairs, the Department of Defense, or 

7 the medical community. 

8 (ii) Recommendations on the extent to 

9 which the Department of Veterans Affairs 

10 or the Department of Defense should pro11 vide health care, benefits, or other com12 pensation with respect to exposure to a 

13 toxic substance to the following individuals: 

14 (I) An individual exposed to a 

15 toxic substance as determined under 

16 subparagraph (C)(i). 

17 (II) A descendant of that indi18 vidual. 

19 (iii) Information on cost and attrib20 utable exposure, as defined in regulations 

21 prescribed pursuant to this Act. 

22 (E) PUBLICATION OF EVIDENCE.— 

23 (i) IN GENERAL.—Except as provided 

24 in clause (ii), the Secretary shall publish in 

25 the Federal Register the evidence described 


smartinez on DSK4TPTVN1PROD with BILLS
14 

•S 2738 IS

1 in clause (i) of subparagraph (D) that is 

2 submitted with the report required by that 

3 subparagraph. 

4 (ii) EXCEPTION.—Such evidence may 

5 not be published if the Secretary deter6 mines that preventing such publication— 

7 (I) is in the national security in8 terest of the United States; or 

9 (II) protects the privacy interests 

10 of individuals exposed to toxic sub11 stances. 

12 (F) SUBPOENA AUTHORITY.—The Advi13 sory Board may require by subpoena the at14 tendance and testimony of witnesses necessary 

15 to consider claims of exposure to toxic sub16 stances under this paragraph. 

17 (G) COOPERATION OF FEDERAL AGEN18 CIES.—The head of each relevant Federal agen19 cy, including the Administrator of the Environ20 mental Protection Agency, shall cooperate fully 

21 with the Advisory Board for purposes of consid22 ering claims of exposure to toxic substances 

23 under this paragraph. 


smartinez on DSK4TPTVN1PROD with BILLS
15 

•S 2738 IS

1 (d) MEETINGS.—The Advisory Board shall meet at 

2 the call of the Chair, but not less frequently than semi3 annually. 

4 (e) COMPENSATION.— 

5 (1) IN GENERAL.—The members of the Advi6 sory Board shall serve without compensation. 

7 (2) TRAVEL EXPENSES.—The members of the 

8 Advisory Board shall be allowed travel expenses, in9 cluding per diem in lieu of subsistence, at rates au10 thorized for employees of agencies under subchapter 

11 I of chapter 57 of title 5, United States Code, while 

12 away from their homes or regular places of business 

13 in the performance of services for the Advisory 

14 Board. 

15 (f) 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. 


smartinez on DSK4TPTVN1PROD with BILLS
16 

•S 2738 IS

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 may de14 classify documents related to any known incident in which 

15 not less than 100 members of the Armed Forces were ex16 posed to a toxic substance that resulted in at least one 

17 case of a disability that a member of the medical profes18 sion has determined to be associated with that toxic sub19 stance. 

20 (b) LIMITATION.—The declassification authorized 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. 


smartinez on DSK4TPTVN1PROD with BILLS
17 

•S 2738 IS

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 The Secretary of Veterans Affairs, the Secretary of 

15 Health and Human Services, and the Secretary of Defense 

16 shall jointly conduct a national outreach and education 

17 campaign directed towards members of the Armed Forces, 

18 veterans, and their family members to communicate the 

19 following information: 

20 (1) Information on— 

21 (A) incidents of exposure of members of 

22 the Armed Forces to toxic substances; 

23 (B) health conditions resulting from such 

24 exposure; and 


smartinez on DSK4TPTVN1PROD with BILLS
18 

•S 2738 IS

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 of this Act for individuals eli7 gible to participate in studies conducted at the Na8 tional Center. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS