Senators Jerry Moran (R-KS) & Richard Blumenthal (D-CT) have come together on a bi-partisan bill that will replace S. 1602. They want to introduce it tomorrow. It
gives us a good deal of what we want, and it has a chance of passage
this Congress. We anticipate that there will be a House companion bill
that also has a good chance of passage this year.
S.
______- Toxic Exposure Research Act of 2014
Section 1: Short
Title: Designates the bill as the Toxic Exposure Research Act of 2014.
Section 2: Definitions Armed Force,
descendant [the biologic child, grandchild or great-grandchild of an
individual], toxic substance, veteran
Section 3: National
Center for the Research on the Diagnosis and Treatment of Health Conditions of
the Descendants of Individuals Exposed to Toxic Substances During Service in
the Armed Forces.
·
Requires the VA to select a VA medical center,
in consultation with the advisory board created in this Act, to serve as the National
Center for the research on the diagnosis and treatment of health conditions of
descendants of individuals exposed to toxic substances while serving in the Armed
Forces.
o
Selection will be among VA medical centers with
expertise in diagnosing and treating individuals exposed to toxic substances or
is affiliated with research medical centers or teaching hospitals with such
expertise.
·
In conducting research the National Center can study
individuals, at their election to participate, who are a member of the Armed
Forces exposed to toxic substances, a descendant of an individual in the Armed
Forces exposed to toxic substances, or an individual identified by the advisory
board created in this Act who has a health condition resulting from exposure to
toxic substances.
·
Authorizes the use of records by the Secretary
of Defense or other federal agencies to make available evidence of individuals
exposed to toxic substances while serving in the Armed Forces, which could be
used to assist the VA in determining individuals to participate in research.
·
Authorizes the National Center to employ one
clinical social worker to coordinate and handle case management.
·
Authorizes reimbursement for the reasonable
costs of travel and room and board to the National Center for participation in
research and for a parent, guardian, spouse or sibling accompanying.
Section 4: Establishes an Advisory Board responsible for
advising the National Center, determining health conditions that result from
toxic exposure and to study and evaluate cases of exposure.
·
The Secretary of the VA, in consultation with
the Secretary of HHS, the Director of the National Institute of Environmental
Health Sciences and other federal agencies as appropriate, will 13 members for
the Advisory Board.
o
Members may include descendants, advocates for
veterans, members of the Armed Forces, and health professionals, scientists,
academics with expertise including but not limited to fields of birth defects,
disabilities, environmental exposures, toxic substances and medical research
ethics.
·
The advisory board will oversee and assess work
at the National Center and advise the Secretary of the VA on the research and
findings that could impact the potential for benefits and services of
individuals suffering from health conditions due to the exposure to toxic
substances.
·
The Advisory Board will determine health
conditions in descendants that are a result of their connection to individuals
exposed to toxic substances while serving as members of the Armed Forces for
the purpose of assessing eligibility for medical care under section 1781 of
title 38, United States Code.
o
Study and evaluate claims submitted by veterans,
a current member of the Armed Forces, a descendant, Veteran Service Organizations
(VSOs) or VA officials regarding health conditions resulting from exposure to
toxic substances.
o
Consider toxic substance exposure claims in
coordination with the Center and assess the extent the exposure developed into
a health condition that would qualify an individual for medical care and
compensation. The Advisory Board will provide these considerations to the
Secretary of the VA and to the center for further research.
·
Establishes an annual reporting requirement for
the Advisory Board to the Secretary of the VA as to the determinations of the
claims submitted and evidence of research on such claims. The report would also
include recommendations to the VA and/or DoD on the potential care and cost of
treating such health conditions related to toxic exposure.
·
Authorizes reimbursement for the reasonable
costs of travel and room and board in accordance with subchapter I of chapter
57 of title 5, United States Code.
Section 5.
Declassification by Department of Defense of Certain Incidents of Exposure of
Members of the Armed Forces to Toxic Substances.
·
Authorizes the Secretary of Defense to
declassify documents related to incidents in which at least 100 members of the
Armed Forces were exposed to a toxic substance that resulted in at least one
case of a disability caused by exposure, except when declassification would threaten
national security.
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.
·
Creates a national outreach and education
campaign jointly led by the VA, DoD and HHS on toxic exposures directed toward
members of the Armed Forces, veterans, and their family members.
