[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2183 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2183

 To require the Secretary of Health and Human Services to establish an 
exposure registry and conduct epidemiological studies to assess health 
            outcomes associated with the Red Hill Incident.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

  Mr. Schatz (for himself, Mr. Moran, and Ms. Hirono) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Health and Human Services to establish an 
exposure registry and conduct epidemiological studies to assess health 
            outcomes associated with the Red Hill Incident.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Red Hill Health Impact Act''.

SEC. 2. REGISTRY FOR IMPACTED INDIVIDUALS OF THE RED HILL INCIDENT.

    (a) Establishment of Registry.--The Secretary of Health and Human 
Services (referred to in this section as the ``Secretary'') shall 
establish within the Agency for Toxic Substances and Disease Registry 
or the Centers for Disease Control and Prevention or through an award 
of a grant or contract, as the Secretary determines appropriate, a Red 
Hill Incident exposure registry to collect data on health implications 
of petroleum-contaminated water for impacted individuals on a voluntary 
basis. Such registry shall be complementary to, and not duplicative of, 
the Red Hill Incident Report of the Defense Occupational and 
Environmental Health Readiness System.
    (b) Other Responsibilities.--
            (1) In general.--The Secretary, in coordination with the 
        Director of the Centers for Disease Control and Prevention, and 
        in consultation with the Secretary of Defense, the Secretary of 
        Veterans Affairs, and such State and local authorities or other 
        partners as the Secretary of Health and Human Services 
        considers appropriate, shall--
                    (A) review the Federal programs and services 
                available to individuals exposed to petroleum;
                    (B) review current research on petroleum exposure 
                in order to identify additional research needs;
                    (C) identify effective services, individuals and 
                communities affected by petroleum-contaminated water; 
                and
                    (D) undertake any other review or activities that 
                the Secretary determines to be appropriate.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter for 6 additional 
        years, the Secretary shall submit to the appropriate 
        congressional committees a report on the review and activities 
        undertaken under paragraph (1) that includes--
                    (A) strategies for communicating and engaging with 
                stakeholders on the Red Hill Incident;
                    (B) the number of impacted and potentially impacted 
                individuals enrolled in the registry established under 
                subsection (a);
                    (C) processes for referring such registry enrollees 
                to comprehensive, coordinated services to mitigate the 
                effects of petroleum exposure;
                    (D) measures and frequency of follow-up to collect 
                data and specimens related to exposure, health, and 
                developmental milestones as appropriate; and
                    (E) a summary of data and analyses on exposure, 
                health, and developmental milestones for impacted 
                individuals.
            (3) Consultation.--In carrying out paragraphs (1) and (2), 
        the Secretary shall consult with non-Federal experts, including 
        individuals with certification in epidemiology, toxicology, 
        mental health, pediatrics, and environmental health, and 
        members of the impacted community.
    (c) Funding.--Without regard to section 2215 of title 10, United 
States Code, the Secretary of Defense is authorized to provide, from 
amounts made available to such Secretary, such sums as may be necessary 
for each of fiscal years 2024 through 2030 for the Secretary of Health 
and Human Services to carry out this section.

SEC. 3. RED HILL EPIDEMIOLOGICAL HEALTH OUTCOMES STUDY.

    (a) In General.--The Secretary of Health and Human Services, in 
consultation with the Secretary of Defense, the Secretary of Veterans 
Affairs, and such State and local health authorities or other partners 
as the Secretary of Health and Human Services considers appropriate, 
shall conduct an epidemiological study or studies for a period of not 
less than 20 years to assess health outcomes for impacted individuals 
of the Red Hill Incident.
    (b) Additional Contracts.--The Secretary of Health and Human 
Services may contract with independent research institutes or 
consultants, nonprofit or public entities, laboratories, or medical 
schools, as the Secretary considers appropriate, that are not part of 
the Federal Government to assist with the feasibility assessment 
required by subsection (d) and the study or studies under subsection 
(a).
    (c) Funding.--Without regard to section 2215 of title 10, United 
States Code, the Secretary of Defense is authorized to provide, from 
amounts made available to such Secretary, no less than $4,000,000 for 
fiscal year 2024 for the Secretary of Health and Human Services to 
carry out the assessment under subsection (d), and such sums as may be 
necessary to complete the study or studies under subsection (a).
    (d) Feasibility Assessment.--Not later than one year after the date 
of the enactment of this Act, the Secretary of Health and Human 
Services shall submit to the appropriate congressional committees the 
results of a feasibility assessment to inform the design of the 
epidemiological study or studies to assess health outcomes for impacted 
individuals and a plan for such study or studies under subsection (a), 
which may include--
            (1) a strategy to recruit impacted individuals to 
        participate in the study or studies, including incentives for 
        participation;
            (2) a description of protocols and methodologies to assess 
        health outcomes from the Red Hill Incident, including data 
        management protocols to secure the privacy and security of the 
        personal information of impacted individuals; and
            (3) the periodicity for data collection that takes into 
        account the differences between health care practices among 
        impacted individuals who are--
                    (A) members of the Armed Forces on active duty or 
                spouses or dependents of such members;
                    (B) members of the Armed Forces separating from 
                active duty or spouses or dependents of such members;
                    (C) veterans and other individuals with access to 
                health care from the Department of Veterans Affairs; 
                and
                    (D) individuals without access to health care from 
                the Department of Defense or the Department of Veterans 
                Affairs;
            (4) a description of methodologies to analyze data received 
        from the study or studies to determine possible connections 
        between exposure to water contaminated during the Red Hill 
        Incident and adverse impacts to the health of impacted 
        individuals;
            (5) an identification of exposures resulting from the Red 
        Hill Incident that may qualify individuals to be eligible for 
        participation in the study or studies as a result of those 
        exposures; and
            (6) steps that will be taken to provide individuals 
        impacted by the Red Hill Incident with information on available 
        resources and services.
    (e) Potentially Impacted Individuals.--
            (1) In general.--The Secretary of Health and Human Services 
        may enlarge the scope of the study or studies under subsection 
        (a) to include potentially impacted individuals based on--
                    (A) the request of a potentially impacted 
                individual, as applicable;
                    (B) the recommendation of the Secretary of Defense, 
                the Secretary of Veterans Affairs, or any contracted 
                party under subsection (b);
                    (C) the exposures identified in subsection (d)(5); 
                or
                    (D) other exigent circumstances.
            (2) Treatment of potentially impacted individuals.--If, 
        under paragraph (1), the Secretary enlarges the scope of the 
        study or studies under subsection (a), potentially impacted 
        individuals shall be treated as impacted individuals for 
        purposes of this section.
    (f) Notifications; Briefings.--
            (1) In general.--Not later than one year after the 
        completion of the feasibility assessment under subsection (d), 
        and annually thereafter, the Secretary of Health and Human 
        Services shall--
                    (A) notify impacted individuals on the interim 
                findings of the study or studies; and
                    (B) brief the appropriate congressional committees 
                on the interim findings of the study or studies.
            (2) Final notification.--Upon completion of the study or 
        studies under subsection (a), the Secretary of Health and Human 
        Services shall notify the appropriate congressional committees 
        and all impacted individuals of the completion of the study or 
        studies and the publication of the final report under 
        subsection (g)(2).
    (g) Reports.--
            (1) Annual reports.--Not later than one year after the date 
        of the commencement of the study or studies under subsection 
        (a), and annually thereafter, the Secretary of Health and Human 
        Services shall publish on the website of the Department of 
        Health and Human Services a report on the interim findings of 
        the study or studies.
            (2) Final report.--Upon completion of the study or studies 
        under subsection (a), the Secretary of Health and Human 
        Services--
                    (A) shall publish on a publicly available internet 
                website of the Department of Health and Human Services 
                a report on the findings of the study or studies; and
                    (B) may publish such report in a scientific 
                publication.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    (B) the Committee on Armed Services and the 
                Subcommittee on Defense of the Committee on 
                Appropriations of the Senate;
                    (C) the Committee on Veterans' Affairs of the 
                Senate;
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (E) the Committee on Armed Services and the 
                Subcommittee on Defense of the Committee on 
                Appropriations of the House of Representatives; and
                    (F) the Committee on Veterans' Affairs of the House 
                of Representatives.
            (2) Impacted individual.--The term ``impacted individual'' 
        means an individual who, at the time of the Red Hill Incident, 
        lived or worked in a building or residence served by the 
        community water system at Joint Base Pearl Harbor-Hickam, Oahu, 
        Hawaii.
            (3) Red hill incident.--The term ``Red Hill Incident'' 
        means the release of fuel from the Red Hill Bulk Fuel Storage 
        Facility, Oahu, Hawaii, into the sole-source basal aquifer 
        located 100 feet below the facility, contaminating the 
        community water system at Joint Base Pearl Harbor-Hickam on 
        November 20, 2021.
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