H.R. 1769 — what changed

Armed Force— The term Armed Force means the United States Army, Navy, Marine Corps, Air Force, or Coast Guard, including the reserve components thereof.

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.

Exposure— The term exposure means, with respect to a toxic substance, an event during which an individual was exposed to that toxic substance.

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.

Veteran— The term veteran has the meaning given that term in section 101 of title 38, United States Code.

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.

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—

shall select not less than 13 voting members of the Advisory Board, of whom—

not less than three shall be members of organizations exempt from taxation under section 501(c)(19) of the Internal Revenue Code of 1986;

not less than one shall 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

not less than six shall be health 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; and

may select nonvoting members from among individuals described in clause (iii) or (iv) of subparagraph (A) who are employees of the Federal Government.

Chairperson— The Secretary shall select a Chairperson from among the members of the Advisory Board.

In general— Each member of the Advisory Board shall serve a term of two or three years as determined by the Secretary.

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.

Duties— The Advisory Board shall—

oversee and assess the work of the National Center;

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;

review the annual report submitted by the National Center to Congress and the Advisory Board under section 3(e)(1); and

advise the Secretary of Veterans Affairs on—

issues related to the research conducted 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 such toxic substance;

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

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.

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.

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):

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.

The health condition is not related to the exposure of such individual to such toxic substance.

Meetings— The Advisory Board shall meet at the call of the Chair, but not less frequently than quarterly.

Compensation— The members of the Advisory Board shall serve without compensation.

Expenses— The Secretary of Veterans Affairs shall determine the appropriate expenses of the Advisory Board.

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.

Approval— The appointment of an executive director under paragraph (1) shall be subject to approval by the Advisory Board.

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.