[117th Congress Public Law 168]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 1759]]
Public Law 117-168
117th Congress
An Act
To improve the Iraq and Afghanistan Service Grant and the Children of
Fallen Heroes Grant. <<NOTE: Aug. 10, 2022 - [S. 3373]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Sergeant First
Class Heath Robinson Honoring our Promise to Address Comprehensive
Toxics Act of 2022.>>
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES
CODE; TABLE OF CONTENTS.
(a) <<NOTE: 38 USC 101 note.>> Short Title.--This Act may be cited
as the ``Sergeant First Class Heath Robinson Honoring our Promise to
Address Comprehensive Toxics Act of 2022'' or the ``Honoring our PACT
Act of 2022''.
(b) Matters Relating to Amendments to Title 38, United States
Code.--
(1) References.--Except as otherwise expressly provided,
when in this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of title 38, United States Code.
(2) <<NOTE: 38 USC 101 note prec., 301 prec., 701
prec., 1101 prec., 1301 prec., 5100 prec., 7101 prec., 7401
prec., 8101 prec.>> Amendments to tables of contents.--Except
as otherwise expressly provided, when an amendment made by this
Act to title 38, United States Code, adds a section or larger
organizational unit to that title or amends the designation or
heading of a section or larger organizational unit in that
title, that amendment also shall have the effect of amending any
table of sections in that title to alter the table to conform to
the changes made by the amendment.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; references to title 38, United States Code; table
of contents.
TITLE I--EXPANSION OF HEALTH CARE ELIGIBILITY
Subtitle A--Toxic-exposed Veterans
Sec. 101. Short title.
Sec. 102. Definitions relating to toxic-exposed veterans.
Sec. 103. Expansion of health care for specific categories of toxic-
exposed veterans and veterans supporting certain overseas
contingency operations.
Sec. 104. Assessments of implementation and operation.
Subtitle B--Certain Veterans of Combat Service and Other Matters
Sec. 111. Expansion of period of eligibility for health care for certain
veterans of combat service.
TITLE II--TOXIC EXPOSURE PRESUMPTION PROCESS
Sec. 201. Short title.
Sec. 202. Improvements to ability of Department of Veterans Affairs to
establish presumptions of service connection based on toxic
exposure.
[[Page 136 STAT. 1760]]
Sec. 203. Outreach to claimants for disability compensation pursuant to
changes in presumptions of service connection.
Sec. 204. Reevaluation of claims for dependency and indemnity
compensation involving presumptions of service connection.
TITLE III--IMPROVING THE ESTABLISHMENT OF SERVICE CONNECTION PROCESS FOR
TOXIC-EXPOSED VETERANS
Sec. 301. Short title.
Sec. 302. Presumptions of toxic exposure.
Sec. 303. Medical nexus examinations for toxic exposure risk activities.
TITLE IV--PRESUMPTIONS OF SERVICE CONNECTION
Sec. 401. Treatment of veterans who participated in cleanup of Enewetak
Atoll as radiation-exposed veterans for purposes of
presumption of service connection of certain disabilities by
Department of Veterans Affairs.
Sec. 402. Treatment of veterans who participated in nuclear response
near Palomares, Spain, or Thule, Greenland, as radiation-
exposed veterans for purposes of presumption of service
connection of certain disabilities by Department of Veterans
Affairs.
Sec. 403. Presumptions of service connection for diseases associated
with exposures to certain herbicide agents for veterans who
served in certain locations.
Sec. 404. Addition of additional diseases associated with exposure to
certain herbicide agents for which there is a presumption of
service connection for veterans who served in certain
locations.
Sec. 405. Improving compensation for disabilities occurring in Persian
Gulf War veterans.
Sec. 406. Presumption of service connection for certain diseases
associated with exposure to burn pits and other toxins.
Sec. 407. Rule of construction.
TITLE V--RESEARCH MATTERS
Sec. 501. Interagency working group on toxic exposure research.
Sec. 502. Analysis and report on treatment of veterans for medical
conditions related to toxic exposure.
Sec. 503. Analysis relating to mortality of veterans who served in
Southwest Asia.
Sec. 504. Study on health trends of post-9/11 veterans.
Sec. 505. Study on cancer rates among veterans.
Sec. 506. Study on health effects of waste related to Manhattan Project
on certain veterans.
Sec. 507. Study on toxic exposure and mental health outcomes.
Sec. 508. Study on veterans in Territories of the United States.
Sec. 509. Department of Veterans Affairs public website for toxic
exposure research.
Sec. 510. Report on health effects of jet fuels used by Armed Forces.
TITLE VI--IMPROVEMENT OF RESOURCES AND TRAINING REGARDING TOXIC-EXPOSED
VETERANS
Sec. 601. Short title; definitions.
Sec. 602. Publication of list of resources of Department of Veterans
Affairs for toxic-exposed veterans and veterans who report
toxic exposures and outreach program for such veterans and
caregivers and survivors of such veterans.
Sec. 603. Incorporation of toxic exposure screening for veterans.
Sec. 604. Training for personnel of the Department of Veterans Affairs
with respect to veterans who report toxic exposures.
TITLE VII--RESOURCING
Sec. 701. Authority to use appropriations to enhance claims processing
capacity and automation.
Sec. 702. Authorization of major medical facility leases of Department
of Veterans Affairs for fiscal year 2023.
Sec. 703. Treatment of major medical facility leases of the Department
of Veterans Affairs.
Sec. 704. Authority to enter into agreements with academic affiliates
and other entities to acquire space for the purpose of
providing health-care resources to veterans.
Sec. 705. Modifications to enhanced-use lease authority of Department of
Veterans Affairs.
Sec. 706. Authority for joint leasing actions of Department of Defense
and Department of Veterans Affairs.
[[Page 136 STAT. 1761]]
Sec. 707. Appropriation of amounts for major medical facility leases.
TITLE VIII--RECORDS AND OTHER MATTERS
Sec. 801. Epidemiological study on Fort McClellan veterans.
Sec. 802. Biennial briefing on Individual Longitudinal Exposure Record.
Sec. 803. Correction of exposure records by members of the Armed Forces
and veterans.
Sec. 804. Federal cause of action relating to water at Camp Lejeune,
North Carolina.
Sec. 805. Cost of War Toxic Exposures Fund.
Sec. 806. Appropriation for fiscal year 2022.
Sec. 807. Authorization of electronic notice in claims under laws
administered by the Secretary of Veterans Affairs.
Sec. 808. Burn pit transparency.
TITLE IX--IMPROVEMENT OF WORKFORCE OF DEPARTMENT OF VETERANS AFFAIRS
Sec. 901. National rural recruitment and hiring plan for Veterans Health
Administration.
Sec. 902. Authority to buy out service contracts for certain health care
professionals in exchange for employment at rural or highly
rural facilities of Department of Veterans Affairs.
Sec. 903. Qualifications for human resources positions within Department
of Veterans Affairs and plan to recruit and retain human
resources employees.
Sec. 904. Modification of pay cap for certain employees of Veterans
Health Administration.
Sec. 905. Expansion of opportunities for housekeeping aides.
Sec. 906. Modification of authority of the Secretary of Veterans Affairs
relating to hours, conditions of employment, and pay for
certain employees of Veterans Health Administration.
Sec. 907. Waiver of pay limitation for certain employees of Department
of Veterans Affairs.
Sec. 908. Elimination of limitation on awards and bonus for employees of
Department of Veterans Affairs.
Sec. 909. Additional authority of the Secretary of Veterans Affairs
relating to recruitment and retention of personnel.
TITLE I--E <<NOTE: Conceding Our Veterans' Exposure Now and
Necessitating Training Act of 2022.>> XPANSION OF HEALTH CARE
ELIGIBILITY
Subtitle A--Toxic-exposed Veterans
SEC. 101. <<NOTE: 38 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Conceding Our Veterans' Exposure
Now and Necessitating Training Act of 2022'' or the ``COVENANT Act of
2022''.
SEC. 102. DEFINITIONS RELATING TO TOXIC-EXPOSED VETERANS.
(a) In General.--Section 1710(a)(2)(F) <<NOTE: 38 USC 1710.>> is
amended by striking ``who was exposed to a toxic substance, radiation,
or other conditions, as provided in subsection (e)'' and inserting ``who
is a toxic-exposed veteran, in accordance with subsection (e)''.
(b) Definitions of Toxic Exposure and Toxic-exposed Veteran.--
Section 101 is amended by adding at the end the following new
paragraphs:
``(37) The term `toxic exposure' includes the following:
``(A) A toxic exposure risk activity, as defined in section
1710(e)(4) of this title.
``(B) An exposure to a substance, chemical, or airborne
hazard identified in the list under section 1119(b)(2) of this
title.
``(38) The term `toxic-exposed veteran' means any veteran described
in section 1710(e)(1) of this title.''.
[[Page 136 STAT. 1762]]
(c) Definition of Toxic Exposure Risk Activity.--Section
1710(e)(4) <<NOTE: 38 USC 1710.>> is amended by adding at the end the
following new subparagraph:
``(C) The term `toxic exposure risk activity' means any
activity--
``(i) that requires a corresponding entry in an
exposure tracking record system (as defined in section
1119(c) of this title) for the veteran who carried out
the activity; or
``(ii) <<NOTE: Determination.>> that the Secretary
determines qualifies for purposes of this subsection
when taking into account what is reasonably prudent to
protect the health of veterans.''.
SEC. 103. EXPANSION OF HEALTH CARE FOR SPECIFIC CATEGORIES OF
TOXIC-EXPOSED VETERANS AND VETERANS
SUPPORTING CERTAIN OVERSEAS CONTINGENCY
OPERATIONS.
(a) In General.--
(1) Expansion.--Subsection (e) of section 1710, as amended
by section 102(c), is further amended--
(A) <<NOTE: Deadlines.>> in paragraph (1), by
adding at the end the following new subparagraphs:
``(G) Beginning not later than the applicable date specified in
paragraph (6), and subject to paragraph (2), a veteran who participated
in a toxic exposure risk activity while serving on active duty, active
duty for training, or inactive duty training is eligible for hospital
care (including mental health services and counseling), medical
services, and nursing home care under subsection (a)(2)(F) for any
illness.
``(H) Beginning not later than the applicable date specified in
paragraph (6), and subject to paragraph (2), a covered veteran (as
defined in section 1119(c) of this title) is eligible for hospital care
(including mental health services and counseling), medical services, and
nursing home care under subsection (a)(2)(F) for any illness.
``(I)(i) Beginning not later than the applicable date specified in
paragraph (6), and subject to paragraph (2), a veteran who deployed in
support of a contingency operation specified in clause (ii) is eligible
for hospital care (including mental health services and counseling),
medical services, and nursing home care under subsection (a)(2)(F) for
any illness.
``(ii) A contingency operation specified in this clause is any of
the following:
``(I) Operation Enduring Freedom.
``(II) Operation Freedom's Sentinel.
``(III) Operation Iraqi Freedom.
``(IV) Operation New Dawn.
``(V) Operation Inherent Resolve.
``(VI) Resolute Support Mission.''; and
(B) in paragraph (2)(B)--
(i) by striking ``or (F)'' and inserting
``(F), (G), (H), or (I)''; and
(ii) by striking ``service or testing'' and
inserting ``service, testing, or activity''.
(2) Phase in.--Such subsection is further amended by adding
at the end the following new paragraph:
[[Page 136 STAT. 1763]]
``(6)(A) <<NOTE: Determination. Time periods.>> The Secretary shall
determine the dates in subparagraphs (G), (H), and (I) of paragraph (1)
as follows:
``(i) October 1, 2024, with respect to a veteran described
in such subparagraph (G) or (H) who was discharged or released
from the active military, naval, air, or space service during
the period beginning on August 2, 1990, and ending on September
11, 2001.
``(ii) October 1, 2026, with respect to a veteran described
in such subparagraph (G) or (H) who was discharged or released
from the active military, naval, air, or space service during
the period beginning on September 12, 2001, and ending on
December 31, 2006.
``(iii) October 1, 2028, with respect to a veteran described
in such subparagraph (G) or (H) who was discharged or released
from the active military, naval, air, or space service during
the period beginning on January 1, 2007, and ending on December
31, 2012.
``(iv) October 1, 2030, with respect to a veteran described
in such subparagraph (G) or (H) who was discharged or released
from the active military, naval, air, or space service during
the period beginning on January 1, 2013, and ending on December
31, 2018.
``(v) October 1, 2032, with respect to a veteran described
in such subparagraph (I).
``(B)(i) The Secretary may modify a date specified in subparagraph
(A) to an earlier date, as the Secretary determines appropriate based on
the number of veterans receiving hospital care, medical services, and
nursing home care under subparagraphs (G), (H), and (I) of paragraph (1)
and the resources available to the Secretary.
``(ii) If the Secretary determines to modify a date under clause
(i), the Secretary shall--
``(I) <<NOTE: Notification.>> notify the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives of the proposed
modification; and
``(II) <<NOTE: Federal Register, publication.>> publish
such modified date in the Federal Register.''.
(b) <<NOTE: Deadline. Notification.>> Outreach Plans.--With respect
to each of clauses (i) through (v) of section 1710(e)(6)(A) of title 38,
United States Code (as added by subsection (a)(2)), not later than 180
days before the date specified in the clause (including a date modified
pursuant to such section), the Secretary shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a plan to conduct outreach to
the veterans described in the clause to notify such veterans of their
eligibility for hospital care, medical services, or nursing home care
under subparagraph (G), (H), or (I), of section 1710(e)(1) of such
title, as the case may be.
SEC. 104. <<NOTE: Deadlines. 38 USC 1710 note.>> ASSESSMENTS OF
IMPLEMENTATION AND OPERATION.
(a) <<NOTE: Determinations.>> Initial Resource Assessment and
Report.--Not later than 180 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall--
(1) complete an assessment to determine--
(A) the personnel and material resources necessary
to implement section 103 (including the amendments made
by such section); and
[[Page 136 STAT. 1764]]
(B) the total number of covered veterans, as such
term is defined in section 1119(c) of title 38, United
States Code (as added by section 302), who receive
hospital care or medical services furnished by the
Secretary under chapter 17 of such title, disaggregated
by priority group specified in section 1705(a) of such
title; and
(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report containing the findings of the
assessment completed under paragraph (1), including a specific
determination as to whether the Department has the personnel and
material resources necessary to implement section 103.
(b) Information Systems.--Not later than October 1, 2024, the
Secretary shall establish information systems to assess the
implementation of section 103, including the amendments made by such
section, and use the results of assessments under such systems to inform
the reports under subsection (c).
(c) Annual Reports.--
(1) Reports.--Not later than October 1, 2025, and on an
annual basis thereafter until October 1, 2033, the Secretary
shall submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the following:
(A) The effect of the implementation of, and the
provision and management of care under, section 103
(including the amendments made by such section) on the
demand by veterans described in subparagraphs (G), (H),
and (I) of section 1710(e)(1) of title 38, United States
Code (as added by such section 103) for health care
services furnished by the Secretary.
(B) Any differing patterns of demand for health care
services by such veterans, disaggregated by factors such
as the relative distance of the veteran from medical
facilities of the Department and whether the veteran had
previously received hospital care or medical services
furnished by the Secretary under chapter 17 of such
title.
(C) The extent to which the Secretary has met such
demand.
(D) Any changes, during the year covered by the
report, in the delivery patterns of health care
furnished by the Secretary under chapter 17 of such
title, and the fiscal impact of such changes.
(2) Matters.--Each report under paragraph (1) shall include,
with respect to the year covered by the report, detailed
information on the following:
(A) The total number of veterans enrolled in the
patient enrollment system who, during such year,
received hospital care or medical services furnished by
the Secretary under chapter 17 of title 38, United
States Code.
(B) <<NOTE: Time period.>> Of the veterans
specified in subparagraph (A), the number of such
veterans who, during the preceding three fiscal years,
had not received such care or services.
(C) <<NOTE: Costs.>> With respect to the veterans
specified in subparagraph (B), the cost of providing
health care to such veterans during the year covered by
the report, shown in total and disaggregated by--
(i) the level of care; and
[[Page 136 STAT. 1765]]
(ii) whether the care was provided through the
Veterans Community Care Program.
(D) With respect to the number of veterans described
in subparagraphs (G), (H), and (I) of section 1710(e)(1)
of title 38, United States Code (as added by section
103), the following (shown in total and disaggregated by
medical facility of the Department, as applicable):
(i) The number of such veterans who, during
the year covered by the report, enrolled in the
patient enrollment system.
(ii) The number of such veterans who applied
for, but were denied, such enrollment.
(iii) The number of such veterans who were
denied hospital care or a medical service
furnished by the Secretary that was considered to
be medically necessary but not of an emergency
nature.
(E) The numbers and characteristics of, and the type
and extent of health care furnished by the Secretary to,
veterans enrolled in the patient enrollment system
(shown in total and disaggregated by medical facility of
the Department).
(F) The numbers and characteristics of, and the type
and extent of health care furnished by the Secretary to,
veterans not enrolled in the patient enrollment system
(disaggregated by each class of eligibility for care
under section 1710 of title 38, United States Code, and
further shown as a total per class and disaggregated by
medical facility of the Department).
(G) The specific fiscal impact (shown in total and
disaggregated by geographic health care delivery areas)
of changes in the delivery patterns of health care
furnished by the Secretary under chapter 17 of such
title as a result of the implementation of section 103
(including the amendments made by such section).
(d) Definitions.--In this section:
(1) Patient enrollment system.--The term ``patient
enrollment system'' means the patient enrollment system of the
Department of Veterans Affairs established and operated under
section 1705(a) of title 38, United States Code.
(2) Veterans community care program.--The term ``Veterans
Community Care Program'' means the program established under
section 1703 of title 38, United States Code.
Subtitle B--Certain Veterans of Combat Service and Other Matters
SEC. 111. EXPANSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE FOR
CERTAIN VETERANS OF COMBAT SERVICE.
(a) Expanded Period.--Section 1710(e)(3) <<NOTE: 38 USC 1710.>> is
amended--
(1) in subparagraph (A)--
(A) by striking ``January 27, 2003'' and inserting
``September 11, 2001''; and
(B) by striking ``five-year period'' and inserting
``10-year period'';
(2) by amending subparagraph (B) to read as follows:
[[Page 136 STAT. 1766]]
``(B) With respect to a veteran described in paragraph
(1)(D) who was discharged or released from the active military,
naval, air, or space service after September 11, 2001, and
before October 1, 2013, but did not enroll to receive such
hospital care, medical services, or nursing home care under such
paragraph pursuant to subparagraph (A) before October 1, 2022,
the one-year period beginning on October 1, 2022.''; and
(3) by striking subparagraph (C).
(b) Clarification of Coverage.--Section 1710(e)(1)(D) <<NOTE: 38 USC
1710.>> is amended by inserting after ``Persian Gulf War'' the
following: ``(including any veteran who, in connection with service
during such period, received the Armed Forces Expeditionary Medal,
Service Specific Expeditionary Medal, Combat Era Specific Expeditionary
Medal, Campaign Specific Medal, or any other combat theater award
established by a Federal statute or an Executive order)''.
(c) <<NOTE: Deadline. Notification.>> Outreach Plan.--Not later
than December 1, 2022, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a plan to conduct
outreach to veterans described in subparagraph (B) of section 1710(e)(3)
of title 38, United States Code, as amended by subsection (a)(2), to
notify such veterans of their eligibility for hospital care, medical
services, or nursing home care pursuant to such subparagraph.
(d) Report on Enrollments.--Not later than January 30, 2024, the
Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report identifying, with respect to the one-year
period beginning on October 1, 2022, the number of veterans described in
section 1710(e)(3)(B) of title 38, United States Code, as amended by
subsection (a)(2), who, during such period, enrolled in the patient
enrollment system of the Department of Veterans Affairs established and
operated under section 1705(a) of such title.
(e) <<NOTE: 38 USC 1710 note.>> Effective Date.--This section and
the amendments made by this section shall take effect on October 1,
2022.
TITLE II-- <<NOTE: Toxic Exposure in the American Military Act of
2022.>> TOXIC EXPOSURE PRESUMPTION PROCESS
SEC. 201. <<NOTE: 38 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Toxic Exposure in the American
Military Act of 2022'' or the ``TEAM Act of 2022''.
SEC. 202. IMPROVEMENTS TO ABILITY OF DEPARTMENT OF VETERANS
AFFAIRS TO ESTABLISH PRESUMPTIONS OF
SERVICE CONNECTION BASED ON TOXIC
EXPOSURE.
(a) Advisory Committees, Panels, and Boards.--Chapter 11 <<NOTE: 38
USC 1101 prec.>> is amended by adding at the end the following new
subchapter:
[[Page 136 STAT. 1767]]
``SUBCHAPTER VII <<NOTE: 38 USC 1171 prec.>> --DETERMINATIONS RELATING
TO PRESUMPTIONS OF SERVICE CONNECTION BASED ON TOXIC EXPOSURE
``Sec. 1171. <<NOTE: 38 USC 1171.>> Procedures to determine
presumptions of service connection based on
toxic exposure; definitions
``(a) Procedures.--The Secretary shall determine whether to
establish, or to remove, presumptions of service connection based on
toxic exposure pursuant to this subchapter, whereby--
``(1) under section 1172 of this title--
``(A) the Secretary provides--
``(i) <<NOTE: Notice.>> public notice
regarding what formal evaluations the Secretary
plans to conduct; and
``(ii) <<NOTE: Public comment.>> the public
an opportunity to comment on the proposed formal
evaluations;
``(B) <<NOTE: Recommenda- tions.>> the working
group established under subsection (b) of such section
provides--
``(i) advice to the Secretary on toxic-exposed
veterans and cases in which veterans who, during
active military, naval, air, or space service, may
have experienced a toxic exposure or their
dependents may have experienced a toxic exposure
while the veterans were serving in the active
military, naval, air, or space service;
``(ii) recommendations to the Secretary on
corrections needed in the Individual Longitudinal
Exposure Record to better reflect veterans and
dependents described in clause (i); and
``(iii) recommendations to the Secretary
regarding which cases of possible toxic exposure
should be reviewed;
``(2) <<NOTE: Evaluations.>> the Secretary provides for
formal evaluations of such recommendations under section 1173 of
this title and takes into account reports received by the
Secretary from the National Academies of Sciences, Engineering,
and Medicine under section 1176 of this title; and
``(3) <<NOTE: Regulations.>> the Secretary issues
regulations under section 1174 of this title.
``(b) Definitions.--In this subchapter:
``(1) The term `illness' includes a disease or other
condition affecting the health of an individual, including
mental and physical health.
``(2) The term `Individual Longitudinal Exposure Record'
includes--
``(A) service records;
``(B) any database maintained by the Department of
Defense and shared with the Department of Veterans
Affairs to serve as a central portal for exposure-
related data that compiles, collates, presents, and
provides available occupational and environmental
exposure information to support the needs of the
Department of Defense and the Department of Veterans
Affairs; or
``(C) any successor system to a database described
in subparagraph (B).
[[Page 136 STAT. 1768]]
``Sec. 1172. <<NOTE: 38 USC 1172.>> Annual notice and opportunity
for public comment
``(a) <<NOTE: Federal Register, publications.>> Notice Required.--
(1)(A) Not less frequently than once each year, the Secretary shall
publish in the Federal Register notice of the formal evaluations that
the Secretary plans to conduct pursuant to section 1173 of this title.
``(B) Each notice published under subparagraph (A) shall include,
for each formal evaluation referred to in the notice, an explanation as
to why the military environmental exposures and adverse health outcomes
that are the subject of the formal evaluation were chosen by the
Secretary for formal evaluation under section 1173 of this title.
``(2)(A) With each notice published under paragraph (1), the
Secretary shall seek public comment on the military environmental
exposures and adverse health outcomes that are the subject of the formal
evaluations referred to in the notice.
``(B) The Secretary shall--
``(i) consider all public comment received under
subparagraph (A); and
``(ii) publish in the Federal Register a response to the
comments received under subparagraph (A).
``(3)(A) For each notice published under paragraph (1), the
Secretary shall hold an open meeting for members of the public to voice
their comments in response to the notice.
``(B) <<NOTE: Evaluation. Time period.>> To help evaluate
presumptions of service connection, the Secretary shall, not less
frequently than quarterly, collaborate with, partner with, and give
weight to the advice of veterans service organizations and such other
stakeholders as the Secretary considers appropriate.
``(4) Failure to include a military environmental exposure or
adverse health effect in a Federal Register notice published pursuant to
subsection (a) shall not preclude the Secretary from initiating a formal
evaluation of such exposure or health effect.
``(b) <<NOTE: Establishment.>> Working Group.--(1) The Secretary
shall establish a working group within the Department (in this section
referred to as the `Working Group').
``(2) The Working Group shall include personnel of the Veterans
Health Administration and the Veterans Benefits Administration.
``(3) <<NOTE: Consultation.>> The Secretary shall consult with, and
seek the advice of, the Working Group with respect to cases in which--
``(A) a veteran may have, during active military, naval,
air, or space service, experienced a toxic exposure; or
``(B) a dependent of a veteran may have experienced a toxic
exposure during the active military, naval, air, or space
service of the veteran.
``(c) Assessments.--(1) The Working Group shall assess cases of the
toxic exposure of veterans and their dependents that occurred during
active military, naval, air, or space service, including by conducting
ongoing surveillance and reviewing such exposure described in scientific
literature, media reports, information from veterans, and information
from Congress.
``(2) The assessments under paragraph (1) shall cover suspected and
known toxic exposures occurring during active military, naval, air, or
space service, including by identifying and evaluating new and emerging
toxic exposures that are not recognized under existing presumptions of
service connection.
[[Page 136 STAT. 1769]]
``(3) The Working Group may conduct an assessment under paragraph
(1) in response to a comment received under paragraph (2) or (3) of
subsection (a).
``(4) <<NOTE: Consultation.>> The Working Group shall, in
consultation with the Secretary of Defense, on a periodic basis, assess
the Individual Longitudinal Exposure Record to ensure the accuracy of
data collected.
``(d) Development of Recommendations.--(1) <<NOTE: Determination.>>
Following an assessment of a case of the toxic exposure of veterans that
occurred during active military, naval, air, or space service under
subsection (c), or their dependents, the Working Group may develop a
recommendation for formal evaluation under section 1173 of this title to
conduct a review of the health effects related to the case of exposure
if the Working Group determines that the research may change the current
understanding of the relationship between an exposure to an
environmental hazard and adverse health outcomes in humans.
``(2) Upon receipt of evidence suggesting that previous findings
regarding the periods and locations of exposure covered by an existing
presumption of service connection are no longer supported, the Working
Group may nominate such evidence for formal evaluation under section
1173 of this title to modify the periods and locations.
``(e) <<NOTE: Time period. Public information. Recommenda- tions.>>
Reports by the Working Group.--Not less frequently than once each year,
the Working Group shall submit to the Secretary, the Committee on
Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs
of the House of Representatives, and make publicly available, a report
on--
``(1) recommendations developed under subsection (d), if
any; and
``(2) recommendations for such legislative or administrative
action as the Working Group considers necessary for the Working
Group to be more effective in carrying out the requirements of
this section.
``(f) <<NOTE: Deadline. Evaluation.>> Responses by Secretary.--In
response to each report submitted under subsection (e), the Secretary
shall, not later than 30 days after receiving the report, initiate a
formal evaluation pursuant to section 1173 of this title.
``Sec. 1173. <<NOTE: Reviews. Determinations. 38 USC 1173.>>
Formal evaluation of recommendations
``(a) Formal Evaluations.--The Secretary shall establish a process
to conduct a formal evaluation with respect to each recommendation made
by the Working Group under section 1172 of this title.
``(b) Evidence, Data, and Factors.--The Secretary shall ensure that
each formal evaluation under subsection (a) covers the following:
``(1) Scientific evidence, based on the review of available
scientific literature, including human, toxicological, animal,
and methodological studies, and other factors.
``(2) Claims data, based on the review of claim rate, grant
rate, and service connection prevalence, and other factors.
``(3) Other factors the Secretary determines appropriate,
such as--
``(A) the level of disability and mortality caused
by the health effects related to the case of toxic
exposure being evaluated;
[[Page 136 STAT. 1770]]
``(B) the quantity and quality of the information
available and reviewed;
``(C) the feasibility of and period for generating
relevant information and evidence;
``(D) whether such health effects are combat- or
deployment-related;
``(E) the ubiquity or rarity of the health effects;
and
``(F) any time frame during which a health effect
must become manifest.
``(c) Conduct of Evaluations.--(1) The Secretary shall ensure that
each formal evaluation under subsection (a)--
``(A) reviews scientific evidence in a manner that--
``(i) conforms to principles of scientific and data
integrity;
``(ii) is free from suppression or distortion of
scientific or technological findings, data, information,
conclusions, or technical results; and
``(B)(i) evaluates the likelihood that a positive
association exists between an illness and a toxic exposure while
serving in the active military, naval, air, or space service;
and
``(ii) <<NOTE: Assessments.>> assesses the toxic exposures
and illnesses and determines whether the evidence supports a
finding of a positive association between the toxic exposure and
the illness.
``(2) <<NOTE: Data.>> In carrying out paragraph (1)(B)(ii), a
formal evaluation under subsection (a) shall include reviewing all
relevant data to determine the strength of evidence for a positive
association based on the following four categories:
``(A) The `sufficient' category, where the evidence is
sufficient to conclude that a positive association exists.
``(B) The `equipoise and above' category, where the evidence
is sufficient to conclude that a positive association is at
least as likely as not, but not sufficient to conclude that a
positive association exists.
``(C) The `below equipoise' category, where the evidence is
not sufficient to conclude that a positive association is at
least as likely as not, or is not sufficient to make a
scientifically informed judgment.
``(D) The `against' category, where the evidence suggests
the lack of a positive association.
``(d) Recommendation for Establishing a Presumption of Service
Connection.-- <<NOTE: Deadline.>> Not later than 120 days after the date
on which a formal evaluation is commenced, the element of the Department
that conducts the evaluation shall submit to the Secretary a
recommendation with respect to establishing a presumption of service
connection for the toxic exposure and illness, or modifying an existing
presumption of service connection, covered by the evaluation.
``Sec. 1174. <<NOTE: 38 USC 1174.>> Regulations regarding
presumptions of service connection based on
toxic exposure
``(a) <<NOTE: Deadline. Determinations.>> Action Upon
Recommendation.--Not later than 160 days after the date on which the
Secretary receives a recommendation to establish or modify a presumption
of service connection under section 1173 of this title--
``(1) if the Secretary determines, in the discretion of the
Secretary, that the presumption, or modification, is warranted,
the Secretary shall--
[[Page 136 STAT. 1771]]
``(A) commence issuing regulations in accordance
with the provisions of subchapter II of chapter 5 of
title 5 (commonly referred to as the Administrative
Procedures Act) setting forth the presumption or
commence revising regulations to carry out such
modification; and
``(B) include in such regulations any time frame
during which a health effect must become manifest; or
``(2) <<NOTE: Federal Register, publication. Notice.>> if
the Secretary determines, in the discretion of the Secretary,
that the presumption, or modification, is not warranted, the
Secretary shall publish in the Federal Register a notice of the
determination, including the reasons supporting the
determination.
``(b) Removal of Presumption.--(1)(A) The Secretary may--
``(i) issue a regulation to remove an illness from a
presumption of service connection previously established
pursuant to a regulation issued under subsection (a); and
``(ii) issue a regulation to remove a presumption of service
connection established pursuant to title IV of the Sergeant
First Class Heath Robinson Honoring our Promise to Address
Comprehensive Toxics Act of 2022 if the Secretary concludes that
evidence suggests the lack of a positive association between the
disease and the toxic exposure.
``(B) Under subparagraph (A)(ii), the Secretary shall not consider
the lack of evidence as sufficient to support a decision for removal of
a presumption.
``(2) Whenever an illness is removed from regulations pursuant to
paragraph (1), or the periods and locations of exposure covered by a
presumption of service connection are modified under subsection (a)--
``(A) a veteran who was awarded compensation under chapter
11 of this title for such illness on the basis of the
presumption provided under such regulations before the effective
date of the removal or modification shall continue to be
entitled to receive compensation on that basis;
``(B) a survivor of a veteran who was awarded dependency and
indemnity compensation under chapter 13 of this title for the
death of a veteran resulting from such illness on the basis of
such presumption shall continue to be entitled to receive
dependency and indemnity compensation on such basis; and
``(C) no veteran or survivor covered under subparagraph (A)
or (B) shall have their compensation reduced solely because of
the removal of an illness pursuant to paragraph (1).
``Sec. 1175. <<NOTE: 38 USC 1175.>> Authority to modify process;
congressional oversight
``(a) In General.--The Secretary may modify the process under which
the working group established under subsection (b) of section 1172 of
this title conducts assessments under such section, the Secretary
conducts formal evaluations under section 1173 of this title, and issues
regulations under section 1174 of this title if--
``(1) such evaluations cover the evidence, data, and factors
required by subsection (b) of such section 1173; and
``(2) <<NOTE: Time period.>> a period of 180 days has
elapsed following the date on which the Secretary submits the
notice under subsection (b) regarding the modification.
``(b) Notice.--If the Secretary proposes to modify the process under
which the working group established under subsection (b)
[[Page 136 STAT. 1772]]
of section 1172 of this title conducts assessments under such section,
the process under which the Secretary conducts formal evaluations under
section 1173 of this title, or issues regulations under section 1174 of
this title, the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a notice of the proposed modifications
containing the following:
``(1) A description of the proposed modifications.
``(2) A description of any exceptions to the requirements of
such sections that are proposed because of limited available
scientific evidence, and a description of how such evaluations
will be conducted.
``Sec. 1176. <<NOTE: 38 USC 1176.>> Agreement with National
Academies of Sciences, Engineering, and Medicine
concerning toxic exposures
``(a) <<NOTE: Reviews. Evaluations.>> Purpose.--The purpose of this
section is to provide for the National Academies of Sciences,
Engineering, and Medicine (in this section referred to as the
`Academies'), an independent nonprofit scientific organization with
appropriate expertise that is not part of the Federal Government, to
review and evaluate the available scientific evidence regarding
associations between diseases and toxic exposures.
``(b) <<NOTE: Time periods.>> Agreement.--(1) The Secretary shall
seek to enter into a five-year agreement with the Academies to perform
the services covered by this section.
``(2) <<NOTE: Deadline.>> The Secretary shall seek to enter into an
agreement described in paragraph (1) not later than 60 days after the
date of the enactment of the Sergeant First Class Heath Robinson
Honoring our Promise to Address Comprehensive Toxics Act of 2022.
``(3) <<NOTE: Extension authority.>> An agreement under this
section may be extended in five-year increments.
``(c) <<NOTE: Summary. Assessment.>> Review of Scientific
Evidence.--Under an agreement between the Secretary and the Academies
under this section, the Academies shall review and summarize the
scientific evidence, and assess the strength thereof, concerning the
association between toxic exposures during active military, naval, air,
or space service and each disease suspected to be associated with such
exposure in the human population.
``(d) Scientific Determinations Concerning Diseases.--For each
disease reviewed under subsection (c), the Academies shall determine, to
the extent that available scientific data permit meaningful
determinations--
``(1) whether an association exists between toxic exposures
and the occurrence of the disease, taking into account the
strength of the scientific evidence and the appropriateness of
the statistical and epidemiological methods used to detect the
association;
``(2) the increased risk of the disease among those
reporting toxic exposures during active military, naval, air, or
space service;
``(3) whether there exists a plausible biological mechanism
or other evidence of a positive association between the toxic
exposure and the occurrence of the disease; and
``(4) determine the strength of evidence for a positive
association based on categories furnished under section 1173 of
this title.
[[Page 136 STAT. 1773]]
``(e) Cooperation of Federal Agencies.--The head of each relevant
Federal agency, including the Secretary of Defense, shall cooperate
fully with the Academies in performing the services covered by this
section.
``(f) Recommendations for Additional Scientific Studies.--(1) Under
an agreement between the Secretary and the Academies under this section,
the Academies shall make any recommendations for additional scientific
studies to resolve areas of continuing scientific uncertainty relating
to toxic exposures.
``(2) In making recommendations under paragraph (1), the Academies
shall consider--
``(A) the scientific information that is available at the
time of the recommendation;
``(B) the value and relevance of the information that could
result from additional studies; and
``(C) the cost and feasibility of carrying out such
additional studies.
``(g) Reports.--(1)(A) Under an agreement between the Secretary and
the Academies under this section, not later than one year after the date
of the enactment of the Sergeant First Class Heath Robinson Honoring our
Promise to Address Comprehensive Toxics Act of 2022, the Academies shall
submit to the Secretary, the Committee on Veterans' Affairs of the
Senate, and the Committee on Veterans' Affairs of the House of
Representatives an initial report on the activities of the Academies
under the agreement.
``(B) The report submitted under subparagraph (A) shall include the
following:
``(i) <<NOTE: Determinations.>> The determinations
described in subsection (d).
``(ii) A full explanation of the scientific evidence and
reasoning that led to such determinations.
``(iii) <<NOTE: Recommenda- tions.>> Any recommendations of
the Academies under subsection (f).
``(2) <<NOTE: Time period. Update.>> Under an agreement between the
Secretary and the Academies under this section, not less frequently than
once every two years after the date on which the initial report is
submitted under paragraph (1)(A), the Academies shall submit to the
Secretary, the Committee on Veterans' Affairs of the Senate, and the
Committee on Veterans' Affairs of the House of Representatives an
updated report on the activities of the Academies under the agreement.
``(h) Alternative Contract Scientific Organization.--(1) If the
Secretary is unable within the time period prescribed in subsection
(b)(2) to enter into an agreement with the Academies for the purposes of
this section on terms acceptable to the Secretary, the Secretary shall
seek to enter into an agreement for the purposes of this section with
another appropriate scientific organization that--
``(A) is not part of the Federal Government;
``(B) operates as a not-for-profit entity; and
``(C) has expertise and objectivity comparable to that of
the Academies.
``(2) If the Secretary enters into an agreement with another
organization as described in paragraph (1), any reference in this
subchapter to the Academies shall be treated as a reference to the other
organization.''.
(b) Reports and Briefings.--
[[Page 136 STAT. 1774]]
(1) Report.--
(A) <<NOTE: Recommenda- tions.>> In general.--Not
later than two years after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a report on the implementation of, and
recommendations for, subchapter VII of chapter 11 of
title 38, United States Code, as added by subsection
(a).
(B) Consultation.--The Secretary shall develop the
report under subparagraph (A) in consultation with
organizations recognized by the Secretary for the
representation of veterans under section 5902 of such
title and any other entity the Secretary determines
appropriate.
(2) <<NOTE: Time periods.>> Briefing.--On a quarterly basis
during the two-year period beginning on the date of the
enactment of this Act, the Secretary shall provide to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a briefing
on the implementation of subchapter VII of chapter 11 of such
title, as added by subsection (a).
(c) Independent Assessment.--
(1) <<NOTE: Deadline.>> Agreement.--The Secretary shall
seek to enter into an agreement with the National Academies of
Science, Engineering, and Medicine (in this subsection referred
to as the ``Academies'') before the date that is 90 days after
the date of the enactment of this Act to perform the services
set forth under paragraph (2).
(2) Assessment.--
(A) In general.--Under an agreement between the
Secretary and the Academies under paragraph (1), the
Academies shall conduct an assessment of the
implementation by the Department of Veterans Affairs of
the process established under subchapter VII of chapter
11 of title 38, United States Code, as added by
subsection (a).
(B) Elements.--The assessment conducted under
subparagraph (A) shall include the following:
(i) <<NOTE: Determination.>> An assessment of
the Department's implementation of the process
established under subsection (a) to determine
whether the process is in accordance with current
scientific standards for assessing the link
between exposure to environmental hazards and the
development of health outcomes,
(ii) assess whether the criteria is fair and
consistent, and
(iii) <<NOTE: Recommenda- tions.>> provide
recommendations for improvements to the process.
(3) Report.--Not later than one year after the date on which
the Secretary enters into an agreement under paragraph (1), the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report on the findings of the Academies
pursuant to such agreement.
(4) Alternative contract scientific organization.--
(A) In general.--If the Secretary is unable within
the time period prescribed in paragraph (1) to enter
into an agreement with the Academies for the purposes of
this
[[Page 136 STAT. 1775]]
subsection on terms acceptable to the Secretary, the
Secretary shall seek to enter into an agreement for the
purposes of this subsection with another appropriate
scientific organization that--
(i) is not part of the Federal Government;
(ii) operates as a not-for-profit entity; and
(iii) has expertise and objectivity comparable
to that of the Academies.
(B) Treatment.--If the Secretary enters into an
agreement with another organization as described in
subparagraph (A), any reference in this subsection to
the Academies of Sciences, Engineering, and Medicine
shall be treated as a reference to the other
organization.
(d) <<NOTE: Determinations.>> Conforming Amendments.--Chapter 11 is
amended--
(1) <<NOTE: 38 USC 1116.>> in section 1116--
(A) by striking subsections (b), (c), (d), and (e);
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) <<NOTE: Assessments.>> The Secretary shall ensure that any
determination made on or after the date of the enactment of the Sergeant
First Class Heath Robinson Honoring our Promise to Address Comprehensive
Toxics Act of 2022 regarding a presumption of service connection based
on exposure to an herbicide agent under this section is made pursuant to
subchapter VII of this chapter, including with respect to assessing
reports received by the Secretary from the National Academy of Sciences
under section 3 of the Agent Orange Act of 1991 (Public Law 102-4).'';
and
(C) by redesignating subsection (f) as subsection
(c);
(2) in section 1116B(b)(2)(A), by inserting ``pursuant to
subchapter VII of this chapter,'' before ``the Secretary
determines''; and
(3) in section 1118--
(A) by striking subsections (b) through (e); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) The Secretary shall ensure that any determination made on or
after the date of the enactment of the Sergeant First Class Heath
Robinson Honoring our Promise to Address Comprehensive Toxics Act of
2022 regarding a presumption of service connection based on a toxic
exposure under this section is made pursuant to subchapter VII of this
chapter.''.
SEC. 203. OUTREACH TO CLAIMANTS FOR DISABILITY COMPENSATION
PURSUANT TO CHANGES IN PRESUMPTIONS OF
SERVICE CONNECTION.
(a) In General.--Subchapter VI of chapter 11 <<NOTE: 38 USC 1101
prec.>> is amended by adding at the end the following new section:
``Sec. 1167. <<NOTE: 38 USC 1167.>> Outreach pursuant to changes
in presumptions of service connection
``(a) In General.--Whenever a law, including through a regulation or
Federal court decision or settlement, establishes or modifies a
presumption of service connection, the Secretary shall--
``(1) identify all claims for compensation under this
chapter that--
``(A) were submitted to the Secretary;
[[Page 136 STAT. 1776]]
``(B) were evaluated and denied by the Secretary
before the date on which such provision of law went into
effect; and
``(C) might have been evaluated differently had the
establishment or modification been applicable to the
claim; and
``(2) pursuant to subsection (b), conduct outreach to the
claimants.
``(b) Outreach.--(1) The Secretary shall conduct outreach to inform
claimants identified under subsection (a) that they may submit a
supplemental claim in light of the establishment or modification of a
presumption of service connection described in subsection (a).
``(2) Outreach under paragraph (1) shall include the following:
``(A) <<NOTE: Web posting. Notice.>> The Secretary shall
publish on the internet website of the Department a notice that
such veterans may elect to file a supplemental claim.
``(B) <<NOTE: Notification.>> The Secretary shall notify,
in writing or by electronic means, veterans service
organizations of the ability of such veterans to file a
supplemental claim.
``(C) The Secretary shall contact each claimant identified
under subsection (a) in the same manner that the Department last
provided notice of a decision.''.
(b) <<NOTE: 38 USC 1167 note.>> Application.--Section 1167 of title
38, United States Code, as added by subsection (a), shall apply with
respect to presumptions of service connection established or modified on
or after the date of the enactment of this Act, including pursuant to
amendments made by this Act.
(c) <<NOTE: 38 USC 1167 note.>> Rule of Construction.--Nothing in
this section shall be construed as--
(1) modifying the obligations of the Department of Veterans
Affairs under Federal court decisions or settlements in effect
as of the date of the enactment of this Act; or
(2) requiring a retroactively applied effective date of a
supplemental claim earlier than the date a presumption of
service connection is established or modified.
SEC. 204. REEVALUATION OF CLAIMS FOR DEPENDENCY AND INDEMNITY
COMPENSATION INVOLVING PRESUMPTIONS OF
SERVICE CONNECTION.
(a) In General.--Subchapter I of chapter 13 <<NOTE: 38 USC 1301
prec.>> is amended by adding at the end the following new section:
``Sec. 1305. <<NOTE: 38 USC 1305.>> Reevaluation of dependency
and indemnity compensation determinations
pursuant to changes in presumptions of service
connection
``(a) Reevaluation.--Whenever a law, including through a regulation
or Federal court decision or settlement, establishes or modifies a
presumption of service connection, the Secretary shall--
``(1) identify all claims for dependency and indemnity
compensation under this chapter that--
``(A) were submitted to the Secretary;
``(B) were evaluated and denied by the Secretary
before the date on which such provision of law went into
effect; and
``(C) might have been evaluated differently had the
establishment or modification been applicable to the
claim;
[[Page 136 STAT. 1777]]
``(2) allow for the reevaluation of such claims at the
election of the claimant; and
``(3) notwithstanding section 5110 of this title, with
respect to claims approved pursuant to such reevaluation,
provide compensation under this chapter effective as if the
establishment or modification of the presumption of service
connection had been in effect on the date of the submission of
the original claim described in paragraph (1).
``(b) Outreach.--(1) The Secretary shall conduct outreach to inform
relevant claimants that they may elect to have a claim be reevaluated in
light of the establishment or modification of a presumption of service
connection described in subsection (a).
``(2) Outreach under paragraph (1) shall include the following:
``(A) <<NOTE: Web posting. Notice.>> The Secretary shall
publish on the internet website of the Department a notice that
such claimants may elect to have a claim so reevaluated.
``(B) <<NOTE: Notification.>> The Secretary shall notify,
in writing or by electronic means, veterans service
organizations of the ability of such claimants to elect to have
a claim so reevaluated.
``(C) The Secretary shall contact each claimant identified
under subsection (a) in the same manner that the Department last
provided notice of a decision.''.
(b) <<NOTE: 38 USC 1305 note.>> Application.--Section 1305 of title
38, United States Code, as added by subsection (a), shall apply with
respect to presumptions of service connection established or modified on
or after the date of the enactment of this Act, including pursuant to
amendments made by this Act.
(c) <<NOTE: 38 USC 1305 note.>> Rule of Construction.--Nothing in
this section shall be construed as modifying the obligations of the
Department of Veterans Affairs under Federal court decisions or
settlements in effect as of the date of the enactment of this Act.
TITLE III--I <<NOTE: Veterans Burn Pits Exposure Recognition Act of
2022.>> MPROVING THE ESTABLISHMENT OF SERVICE CONNECTION PROCESS FOR
TOXIC-EXPOSED VETERANS
SEC. 301. <<NOTE: 38 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Veterans Burn Pits Exposure
Recognition Act of 2022''.
SEC. 302. PRESUMPTIONS OF TOXIC EXPOSURE.
Subchapter II of chapter 11 is <<NOTE: 38 USC 1101 prec.>> amended
by adding at the end the following new section:
``Sec. 1119. <<NOTE: 38 USC 1119.>> Presumptions of toxic
exposure
``(a) Consideration of Records.--If a veteran submits to the
Secretary a claim for compensation for a service-connected disability
under section 1110 of this title with evidence of a disability and a
toxic exposure that occurred during active military, naval, air, or
space service, the Secretary may, in adjudicating such claim, consider--
``(1) any record of the veteran in an exposure tracking
record system; and
[[Page 136 STAT. 1778]]
``(2) if no record of the veteran in an exposure tracking
record system indicates that the veteran was subject to a toxic
exposure during active military, naval, air, or space service,
the totality of the circumstances of the service of the veteran.
``(b) Presumption of Specific Toxic Exposure for Members Who Served
in Certain Locations.--(1) The Secretary shall, for purposes of section
1110 and chapter 17 of this title, presume that any covered veteran was
exposed to the substances, chemicals, and airborne hazards identified in
the list under paragraph (2) during the service of the covered veteran
specified in subsection (c)(1), unless there is affirmative evidence to
establish that the covered veteran was not exposed to any such
substances, chemicals, or hazards in connection with such service.
``(2) <<NOTE: Determinations.>> The Secretary shall--
``(A) <<NOTE: List.>> establish and maintain a list that
contains an identification of one or more such substances,
chemicals, and airborne hazards as the Secretary, in
collaboration with the Secretary of Defense, may determine
appropriate for purposes of this section; and
``(B) <<NOTE: Evaluation.>> determine, using procedures
consistent with section 1172 of this title and through the
conduct of a formal evaluation under section 1173 of this title,
whether to establish an end date for a covered veteran to
qualify for presumptions of exposure under this section, if
appropriate, but in no case establish an end date earlier than
the last day of the period specified in section 101(33) for the
Persian Gulf War.
``(3) <<NOTE: Reports. Time period.>> Beginning not later than two
years after the date of the enactment of the Sergeant First Class Heath
Robinson Honoring our Promise to Address Comprehensive Toxics Act of
2022, and not less frequently than once every two years thereafter, the
Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report identifying any additions or removals to the
list under paragraph (2) during the period covered by the report.
``(c) Definitions.--In this section:
``(1) <<NOTE: Effective dates.>> The term `covered veteran'
means any veteran who--
``(A) on or after August 2, 1990, performed active
military, naval, air, or space service while assigned to
a duty station in, including airspace above--
``(i) Bahrain;
``(ii) Iraq;
``(iii) Kuwait;
``(iv) Oman;
``(v) Qatar;
``(vi) Saudi Arabia;
``(vii) Somalia; or
``(viii) United Arab Emirates; or
``(B) on or after September 11, 2001, performed
active military, naval, air, or space service while
assigned to a duty station in, including airspace
above--
``(i) Afghanistan;
``(ii) Djibouti;
``(iii) Egypt;
``(iv) Jordan;
``(v) Lebanon;
``(vi) Syria;
[[Page 136 STAT. 1779]]
``(vii) Yemen;
``(viii) Uzbekistan; or
``(ix) <<NOTE: Determination.>> any other
country determined relevant by the Secretary.
``(2) The term `exposure tracking record system'--
``(A) means any system, program, or pilot program
used by the Secretary of Veterans Affairs or the
Secretary of Defense to track how veterans or members of
the Armed Forces have been exposed to various
occupational or environmental hazards; and
``(B) includes the Individual Longitudinal Exposure
Record, or successor system.
``(3) The term `toxic exposure risk activity' has the
meaning given such term in section 1710(e)(4) of this title.''.
SEC. 303. MEDICAL NEXUS EXAMINATIONS FOR TOXIC EXPOSURE RISK
ACTIVITIES.
Subchapter VI of chapter 11, as amended by section 203, is further
amended by adding at the end the following new section:
``Sec. 1168. <<NOTE: 38 USC 1168.>> Medical nexus examinations
for toxic exposure risk activities
``(a) Medical Examinations and Medical Opinions.--(1) Except as
provided in subsection (b), if a veteran submits to the Secretary a
claim for compensation for a service-connected disability under section
1110 of this title with evidence of a disability and evidence of
participation in a toxic exposure risk activity during active military,
naval, air, or space service, and such evidence is not sufficient to
establish a service connection for the disability, the Secretary shall--
``(A) provide the veteran with a medical examination under
section 5103A(d) of this title; and
``(B) obtain a medical opinion (to be requested by the
Secretary in connection with the medical examination under
subparagraph (A)) as to whether it is at least as likely as not
that there is a nexus between the disability and the toxic
exposure risk activity.
``(2) When providing the Secretary with a medical opinion under
paragraph (1)(B) for a veteran, the health care provider shall
consider--
``(A) the total potential exposure through all applicable
military deployments of the veteran; and
``(B) the synergistic, combined effect of all toxic exposure
risk activities of the veteran.
``(3) The requirement under paragraph (2)(B) shall not be construed
as requiring a health care provider to consider the synergistic,
combined effect of each of the substances, chemicals, and airborne
hazards identified in the list under section 1119(b)(2) of this title.
``(b) <<NOTE: Determination.>> Exception.--Subsection (a) shall not
apply if the Secretary determines there is no indication of an
association between the disability claimed by the veteran and the toxic
exposure risk activity for which the veteran submitted evidence.
``(c) Toxic Exposure Risk Activity Defined.--In this section, the
term `toxic exposure risk activity' has the meaning given that term in
section 1710(e)(4) of this title.''.
[[Page 136 STAT. 1780]]
TITLE IV--PRESUMPTIONS OF SERVICE CONNECTION
SEC. 401. <<NOTE: Mark Takai Atomic Veterans Healthcare Parity Act
of 2022.>> TREATMENT OF VETERANS WHO
PARTICIPATED IN CLEANUP OF ENEWETAK ATOLL
AS RADIATION-EXPOSED VETERANS FOR PURPOSES
OF PRESUMPTION OF SERVICE CONNECTION OF
CERTAIN DISABILITIES BY DEPARTMENT OF
VETERANS AFFAIRS.
(a) <<NOTE: 38 USC 101 note.>> Short Title.--This section may be
cited as the ``Mark Takai Atomic Veterans Healthcare Parity Act of
2022''.
(b) Enewetak Atoll.--Section 1112(c)(3)(B) <<NOTE: 38 USC 1112.>>
is amended by adding at the end the following new clause:
``(v) <<NOTE: Time period.>> Cleanup of Enewetak
Atoll during the period beginning on January 1, 1977,
and ending on December 31, 1980.''.
SEC. 402. <<NOTE: Palomares or Thule Veterans Act of 2022.>>
TREATMENT OF VETERANS WHO PARTICIPATED IN
NUCLEAR RESPONSE NEAR PALOMARES, SPAIN, OR
THULE, GREENLAND, AS RADIATION-EXPOSED
VETERANS FOR PURPOSES OF PRESUMPTION OF
SERVICE CONNECTION OF CERTAIN DISABILITIES
BY DEPARTMENT OF VETERANS AFFAIRS.
(a) <<NOTE: 38 USC 101 note.>> Short Title.--This section may be
cited as the ``Palomares or Thule Veterans Act of 2022''.
(b) <<NOTE: Time periods.>> Palomares or Thule.--Section
1112(c)(3)(B), as amended by section 401, is further amended by adding
at the end the following new clauses:
``(vi) Onsite participation in the response effort
following the collision of a United States Air Force B-
52 bomber and refueling plane that caused the release of
four thermonuclear weapons in the vicinity of Palomares,
Spain, during the period beginning January 17, 1966, and
ending March 31, 1967.
``(vii) Onsite participation in the response effort
following the on-board fire and crash of a United States
Air Force B-52 bomber that caused the release of four
thermonuclear weapons in the vicinity of Thule Air Force
Base, Greenland, during the period beginning January 21,
1968, and ending September 25, 1968.''.
SEC. 403. <<NOTE: Veterans Agent Orange Exposure Equity Act of
2022.>> PRESUMPTIONS OF SERVICE
CONNECTION FOR DISEASES ASSOCIATED WITH
EXPOSURES TO CERTAIN HERBICIDE AGENTS FOR
VETERANS WHO SERVED IN CERTAIN LOCATIONS.
(a) <<NOTE: 38 USC 101 note.>> Short Title.--This section may be
cited as the ``Veterans Agent Orange Exposure Equity Act of 2022''.
(b) <<NOTE: Time periods.>> In General.--Section 1116, as amended
by section 202, is further amended--
(1) by striking ``, during active military, naval, air, or
space service, served in the Republic of Vietnam during the
period beginning on January 9, 1962, and ending on May 7, 1975''
each place it appears and inserting ``performed covered
service'';
(2) by striking ``performed active military, naval, air, or
space service in the Republic of Vietnam during the period
beginning on January 9, 1962, and ending on May 7, 1975''
[[Page 136 STAT. 1781]]
each place it appears and inserting ``performed covered
service''; and
(3) by adding at the end the following new subsection:
``(d) <<NOTE: Definition.>> In this section, the term `covered
service' means active military, naval, air, or space service--
``(1) performed in the Republic of Vietnam during the period
beginning on January 9, 1962, and ending on May 7, 1975;
``(2) performed in Thailand at any United States or Royal
Thai base during the period beginning on January 9, 1962, and
ending on June 30, 1976, without regard to where on the base the
veteran was located or what military job specialty the veteran
performed;
``(3) performed in Laos during the period beginning on
December 1, 1965, and ending on September 30, 1969;
``(4) performed in Cambodia at Mimot or Krek, Kampong Cham
Province during the period beginning on April 16, 1969, and
ending on April 30, 1969; or
``(5) performed on Guam or American Samoa, or in the
territorial waters thereof, during the period beginning on
January 9, 1962, and ending on July 31, 1980, or served on
Johnston Atoll or on a ship that called at Johnston Atoll during
the period beginning on January 1, 1972, and ending on September
30, 1977.''.
(c) Eligibility for Hospital Care and Medical Services.--Section
1710(e)(4), as amended by section 102(c), <<NOTE: 38 USC 1710.>> is
further amended by striking subparagraph (A) and inserting the following
new subparagraph:
``(A) <<NOTE: Definition.>> The term `Vietnam-era
herbicide-exposed veteran' means a veteran who--
``(i) performed covered service, as defined in
section 1116(d) of this title; or
``(ii) the Secretary finds may have been exposed
during active military, naval, air, or space service to
dioxin during the Vietnam era, regardless of the
geographic area of such service, or was exposed during
such service to a toxic substance found in a herbicide
or defoliant used for military purposes during such era,
regardless of the geographic area of such service.''.
(d) Conforming Amendment.--The heading for section 1116 <<NOTE: 38
USC 1101 prec, 1116.>> is amended by striking ``the Republic of
Vietnam'' and inserting ``certain locations''.
(e) <<NOTE: 38 USC 1116 note.>> Effective Date and Applicability.--
The amendments made by this section shall take effect on the date of the
enactment of this Act and shall apply as follows:
(1) <<NOTE: Determination.>> On the date of the enactment
of this Act for claimants for dependency and indemnity
compensation under chapter 13 of title 38, United States Code,
and for veterans whom the Secretary of Veterans Affairs
determines are--
(A) terminally ill;
(B) homeless;
(C) under extreme financial hardship;
(D) more than 85 years old; or
(E) capable of demonstrating other sufficient cause.
(2) On October 1, 2022, for everyone not described in
paragraph (1).
[[Page 136 STAT. 1782]]
SEC. 404. <<NOTE: Fair Care for Vietnam Veterans Act of 2022.>>
ADDITION OF ADDITIONAL DISEASES ASSOCIATED
WITH EXPOSURE TO CERTAIN HERBICIDE AGENTS
FOR WHICH THERE IS A PRESUMPTION OF
SERVICE CONNECTION FOR VETERANS WHO SERVED
IN CERTAIN LOCATIONS.
(a) <<NOTE: 38 USC 101 note.>> Short Title.--This section may be
cited as the ``Fair Care for Vietnam Veterans Act of 2022''.
(b) Monoclonal Gammopathy of Undetermined Significance.--Section
1116(a)(2) of title 38, United <<NOTE: 38 USC 1116.>> States Code, is
amended by adding at the end the following new subparagraph:
``(L) Monoclonal gammopathy of undetermined significance.''.
(c) Hypertension.--Such section, as amended by subsection (b), is
further amended by adding at the end the following new subparagraph:
``(M) Hypertension.''.
(d) <<NOTE: 38 USC 1116 note.>> Effective Dates and
Applicability.--
(1) Monoclonal gammopathy of undetermined significance.--
(A) In general.--The amendment made by subsection
(b) shall take effect on the date of the enactment of
this Act and shall apply as follows:
(i) <<NOTE: Determination.>> On the date of
the enactment of this Act for claimants for
dependency and indemnity compensation under
chapter 13 of title 38, United States Code, and
for veterans whom the Secretary of Veterans
Affairs determines are--
(I) terminally ill;
(II) homeless;
(III) under extreme financial
hardship;
(IV) more than 85 years old; or
(V) capable of demonstrating other
sufficient cause.
(ii) On October 1, 2022, for everyone not
described in clause (i).
(B) <<NOTE: Claims.>> Retroactive application.--
Notwithstanding any Federal court decisions or
settlements in effect on the day before the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall award retroactive claims for a condition under
section 1116(a)(2)(L) of title 38, United States Code,
as added by subsection (b) of this section, only to
claimants for dependency and indemnity compensation
under chapter 13 of such title described in subparagraph
(A)(i) of this paragraph.
(2) Hypertension.--
(A) In general.--The amendment made by subsection
(c) shall take effect on the date of the enactment of
this Act and shall apply as follows:
(i) <<NOTE: Determination.>> On the date of
the enactment of this Act for claimants for
dependency and indemnity compensation under
chapter 13 of title 38, United States Code, and
for veterans whom the Secretary of Veterans
Affairs determines are--
(I) terminally ill;
(II) homeless;
(III) under extreme financial
hardship;
(IV) more than 85 years old; or
[[Page 136 STAT. 1783]]
(V) capable of demonstrating other
sufficient cause.
(ii) On October 1, 2026, for everyone not
described in subparagraph (A).
(B) <<NOTE: Claims.>> Retroactive application.--
Notwithstanding any Federal court decisions or
settlements in effect on the day before the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall award retroactive claims for a condition under
section 1116(a)(2)(M) of title 38, United States Code,
as added by subsection (c) of this section, only to
claimants for dependency and indemnity compensation
under chapter 13 of such title described in subparagraph
(A)(i) of this paragraph.
SEC. 405. IMPROVING COMPENSATION FOR DISABILITIES OCCURRING IN
PERSIAN GULF WAR VETERANS.
(a) Reduction in Threshold of Eligibility.--Subsection (a)(1) of
section 1117 <<NOTE: 38 USC 1117.>> is amended by striking ``became
manifest--'' and all that follows through the period at the end and
inserting ``became manifest to any degree at any time.''.
(b) Permanent Extension of Period of Eligibility.--Such section is
further amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(3) in subsection (a)(2)(C), by striking ``under subsection
(d)'' and inserting ``under subsection (c)''.
(c) Establishing Singular Disability-based Questionnaire.--Such
section is further amended by inserting after subsection (c) (as
redesignated by subsection (b)) the following new subsection (d):
``(d) If a Persian Gulf veteran at a medical facility of the
Department presents with any one symptom associated with Gulf War
Illness, the Secretary shall ensure that health care personnel of the
Department use a disability benefits questionnaire, or successor
questionnaire, designed to identify Gulf War Illness, in addition to any
other diagnostic actions the personnel determine appropriate.''.
(d) Expansion of Definition of Persian Gulf Veteran.--Subsection (f)
of such section is amended by inserting ``, Afghanistan, Israel, Egypt,
Turkey, Syria, or Jordan,'' after ``operations''.
(e) Training.--Such section is further amended by adding at the end
the following new subsection:
``(i)(1) The Secretary shall take such actions as may be necessary
to ensure that health care personnel of the Department are appropriately
trained to effectively carry out this section.
``(2) <<NOTE: Reports.>> Not less frequently than once each year,
the Secretary shall submit to Congress a report on the actions taken by
the Secretary to carry out paragraph (1).''.
SEC. 406. <<NOTE: Presumptive Benefits for War Fighters Exposed to
Burn Pits and Other Toxins Act of 2022.>>
PRESUMPTION OF SERVICE CONNECTION FOR
CERTAIN DISEASES ASSOCIATED WITH EXPOSURE
TO BURN PITS AND OTHER TOXINS.
(a) <<NOTE: 38 USC 101 note.>> Short Title.--This section may be
cited as the ``Presumptive Benefits for War Fighters Exposed to Burn
Pits and Other Toxins Act of 2022''.
[[Page 136 STAT. 1784]]
(b) In General.--Subchapter II of chapter 11, as amended by section
302, is further amended by inserting after section 1119 the following
new section:
``Sec. 1120. <<NOTE: 38 USC 1120.>> Presumption of service
connection for certain diseases associated with
exposure to burn pits and other toxins
``(a) Presumption of Service Connection.--For the purposes of
section 1110 of this title, and subject to section 1113 of this title, a
disease specified in subsection (b) becoming manifest in a covered
veteran shall be considered to have been incurred in or aggravated
during active military, naval, air, or space service, notwithstanding
that there is no record of evidence of such disease during the period of
such service.
``(b) Diseases Specified.--The diseases specified in this subsection
are the following:
``(1) Asthma that was diagnosed after service of the covered
veteran as specified in subsection (c).
``(2) The following types of cancer:
``(A) Head cancer of any type.
``(B) Neck cancer of any type.
``(C) Respiratory cancer of any type.
``(D) Gastrointestinal cancer of any type.
``(E) Reproductive cancer of any type.
``(F) Lymphoma cancer of any type.
``(G) Lymphomatic cancer of any type.
``(H) Kidney cancer.
``(I) Brain cancer.
``(J) Melanoma.
``(K) Pancreatic cancer.
``(3) Chronic bronchitis.
``(4) Chronic obstructive pulmonary disease.
``(5) Constrictive bronchiolitis or obliterative
bronchiolitis.
``(6) Emphysema.
``(7) Granulomatous disease.
``(8) Interstitial lung disease.
``(9) Pleuritis.
``(10) Pulmonary fibrosis.
``(11) Sarcoidosis.
``(12) Chronic sinusitis.
``(13) Chronic rhinitis.
``(14) Glioblastoma.
``(15) <<NOTE: Determination.>> Any other disease for which
the Secretary determines, pursuant to regulations prescribed
under subchapter VII that a presumption of service connection is
warranted based on a positive association with a substance,
chemical, or airborne hazard identified in the list under
section 1119(b)(2) of this title.
``(c) Covered Veteran Defined.--In this section, the term `covered
veteran' has the meaning given that term in section 1119(c) of this
title.''.
(c) Conforming Amendment.--Section 1113 <<NOTE: 38 USC 1113.>> is
amended by striking ``or 1118'' each place it appears and inserting
``1118, or 1120''.
(d) <<NOTE: 38 USC 1120 note.>> Effective Date and Applicability.--
The amendments made by this section shall take effect on the date of the
enactment of this Act and shall apply as follows:
[[Page 136 STAT. 1785]]
(1) <<NOTE: Determination.>> On the date of the enactment
of this Act for claimants for dependency and indemnity
compensation under chapter 13 of title 38, United States Code,
and veterans whom the Secretary of Veterans Affairs determines
are--
(A) terminally ill;
(B) homeless;
(C) under extreme financial hardship;
(D) more than 85 years old; or
(E) capable of demonstrating other sufficient cause.
(2) On the date of the enactment of this Act for everyone
not described in paragraph (1), with respect to paragraphs (1),
(2)(C), (2)(I), (5), (6), (7), (8), (9), (10), (11), (12), (13),
and (14), of section 1120(b) of title 38, United States Code, as
added by subsection (b).
(3) On October 1, 2023, for everyone not described in
paragraph (1), with respect to paragraphs (3) and (4) of section
1120(b) of such title, as so added.
(4) On October 1, 2024, for everyone not described in
paragraph (1), with respect to subparagraphs (A), (B), (D), (E),
(F), (G), and (K) of section 1120(b)(2) of such title, as so
added.
(5) On October 1, 2025, for everyone not described in
paragraph (1), with respect to subparagraphs (H) and (J) of
section 1120(b)(2) of such title, as so added.
SEC. 407. <<NOTE: 38 USC 101 note.>> RULE OF CONSTRUCTION.
(a) Generally.--Nothing in this Act shall be construed to prevent
the Secretary of Veterans Affairs from processing claims for benefits
under title 38, United States Code, for a condition or disease for which
this Act establishes a presumption of service connection, as a claim for
benefits for a condition or disease with direct service connection.
(b) Effective Dates and Applicability.--The Secretary shall not deny
a claim for benefits under title 38, United States Code, for a condition
or disease for which this Act establishes a presumption of service
connection because the claimant filed the claim prior to the effective
date or date of applicability for that particular condition or disease.
TITLE V--RESEARCH MATTERS
SEC. 501. INTERAGENCY WORKING GROUP ON TOXIC EXPOSURE RESEARCH.
(a) Establishment.--
(1) <<NOTE: Deadline.>> In general.--Not later than one
year after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall, in collaboration with the heads of
the entities described in paragraph (2), establish the Toxic
Exposure Research Working Group (in this section referred to as
the ``Working Group'').
(2) Composition.--The Working Group shall consist of
employees, selected by the Secretary, of the following:
(A) The Department of Veterans Affairs.
(B) The Department of Defense.
(C) The Department of Health and Human Services.
(D) The Environmental Protection Agency.
[[Page 136 STAT. 1786]]
(E) Other entities of the Federal Government
involved in research activities regarding the health
consequences of toxic exposures experienced during
active military, naval, air, or space service.
(b) Functions.--The Working Group shall perform the following
functions:
(1) Identify collaborative research activities and resources
available among entities represented by members of the Working
Group to conduct such collaborative research activities.
(2) <<NOTE: Time period. Strategic plan.>> Develop a five-
year strategic plan for such entities to carry out collaborative
research activities.
(c) Reporting.--The Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives the following:
(1) Not later than one year after the date of the enactment
of this Act, a report on the establishment of the Working Group
under subsection (a).
(2) Not later than two years after the date of the enactment
of this Act, a report containing the collaborative research
activities identified, and the strategic plan developed, by the
Working Group under subsection (b).
(3) Not less frequently than annually during the five-year
period covered by the strategic plan under subsection (b), a
progress report on implementation of the strategic plan.
(d) Termination.--The Working Group shall terminate after submitting
the final report under subsection (c).
(e) Definitions.--In this section:
(1) Active military, naval, air, or space service.--The term
``active military, naval, air, or space service'' has the
meaning given that term in section 101 of title 38, United
States Code.
(2) Collaborative research activity.--The term
``collaborative research activity'' means a research activity--
(A) agreed upon by the Working Group;
(B) conducted by an entity represented by a member
of the Working Group;
(C) funded by the Federal Government; and
(D) regarding the health consequences of toxic
exposures experienced during active military, naval,
air, or space service.
(3) Toxic exposure.--The term ``toxic exposure'' has the
meaning given such term in section 101 of title 38, United
States Code, as amended by section 102(b).
SEC. 502. <<NOTE: 38 USC 527 note.>> ANALYSIS AND REPORT ON
TREATMENT OF VETERANS FOR MEDICAL
CONDITIONS RELATED TO TOXIC EXPOSURE.
(a) <<NOTE: Data.>> In General.--The Secretary of Veterans Affairs
shall analyze, on a continuous basis, all clinical data that--
(1) is obtained by the Department of Veterans Affairs in
connection with hospital care, medical services, and nursing
home care furnished under section 1710(a)(2)(F) of title 38,
United States Code; and
(2) is likely to be scientifically useful in determining the
association, if any, between the medical condition of a veteran
and a toxic exposure.
(b) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary
[[Page 136 STAT. 1787]]
shall submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a report
containing the following:
(1) The aggregate data compiled under subsection (a).
(2) An analysis of such data.
(3) A description of the types and incidences of medical
conditions identified by the Department under such subsection.
(4) The explanation of the Secretary for the incidence of
such medical conditions and other explanations for the incidence
of such conditions as the Secretary considers reasonable.
(5) The views of the Secretary on the scientific validity of
drawing conclusions from the incidence of such medical
conditions, as evidenced by the data compiled under subsection
(a), regarding any association between such conditions and toxic
exposures.
(c) Toxic Exposure Defined.--In this section, the term ``toxic
exposure'' has the meaning given such term in section 101 of title 38,
United States Code, as amended by section 102(b).
SEC. 503. ANALYSIS RELATING TO MORTALITY OF VETERANS WHO SERVED IN
SOUTHWEST ASIA.
(a) Analysis.--
(1) <<NOTE: Deadline. Coordination. Update.>> In general.--
Not later than 270 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs, in coordination with the
Secretary of Defense, shall conduct an updated analysis of total
and respiratory disease mortality in covered veterans.
(2) Elements.--The analysis required by paragraph (1) shall
include, to the extent practicable, the following with respect
to each covered veteran:
(A) Metrics of airborne exposures.
(B) The location and timing of deployments of the
veteran.
(C) The military occupational specialty of the
veteran.
(D) The Armed Force in which the veteran served.
(E) Pre-existing health status of the veteran,
including with respect to asthma.
(F) Relevant personal information of the veteran,
including cigarette and e-cigarette smoking history,
diet, sex, gender, age, race, and ethnicity.
(b) <<NOTE: Effective dates.>> Covered Veteran Defined.--In this
section, the term ``covered veteran'' means any veteran who--
(1) on or after August 2, 1990, served on active duty in--
(A) Bahrain;
(B) Iraq;
(C) Kuwait;
(D) Oman;
(E) Qatar;
(F) Saudi Arabia;
(G) Somalia; or
(H) the United Arab Emirates; or
(2) on or after September 11, 2001, served on active duty
in--
(A) Afghanistan;
(B) Djibouti;
(C) Egypt;
[[Page 136 STAT. 1788]]
(D) Jordan;
(E) Lebanon;
(F) Syria; or
(G) Yemen.
SEC. 504. <<NOTE: Time period.>> STUDY ON HEALTH TRENDS OF POST-
9/11 VETERANS.
The Secretary of Veterans Affairs shall conduct an epidemiological
study on the health trends of veterans who served in the Armed Forces
after September 11, 2001.
SEC. 505. STUDY ON CANCER RATES AMONG VETERANS.
(a) <<NOTE: Determination.>> In General.--The Secretary of Veterans
Affairs shall conduct a study on the incidence of cancer in veterans to
determine trends in the rates of the incidence of cancer in veterans.
(b) Elements.--The study required by subsection (a) shall assess,
with respect to each veteran included in the study, the following:
(1) The age of the veteran.
(2) The period of service and length of service of the
veteran in the Armed Forces.
(3) The military occupational specialty or specialties of
the veteran.
(4) The sex of the veteran.
(5) The type or types of cancer that the veteran has.
SEC. 506. STUDY ON HEALTH EFFECTS OF WASTE RELATED TO MANHATTAN
PROJECT ON CERTAIN VETERANS.
(a) <<NOTE: Deadline. Contracts.>> Study.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine for the conduct of a study on the
health trends of veterans who, while serving in the active military,
naval, air, or space service--
(1) participated in activities relating to the Manhattan
Project (including activities relating to covered waste) in
connection with such service; or
(2) <<NOTE: Determination.>> resided at or near, as
determined by the Secretary, the locations described in
subsection (b).
(b) <<NOTE: State listing.>> Covered Locations.--The locations
described in this subsection are the following locations:
(1) In the county of St. Louis, Missouri, the following:
(A) Coldwater Creek, Missouri.
(B) The St. Louis Airport Site, Missouri.
(C) The West Lake Landfill.
(2) Oak Ridge, Tennessee.
(3) Hanford, Washington.
(4) <<NOTE: Determination.>> Any other location that is
proximate to covered waste, as determined by the Secretary.
(c) <<NOTE: Assessments.>> Elements.--The study under subsection
(a) shall assess, with respect to each veteran included in the study,
the following:
(1) The age, sex, and race of the veteran.
(2) The period and location of exposure to covered waste.
(3) Any type of cancer, or other illness associated with
toxic exposure, that the veteran has.
(4) <<NOTE: Determination.>> A comparison of the overall
health condition of the veteran, including any illness of the
veteran identified pursuant to paragraph (3), with the overall
health condition of past
[[Page 136 STAT. 1789]]
and present civilian populations residing at the same location
of exposure, as determined by the Secretary.
(d) <<NOTE: Analysis. Data.>> Report.--Not later than three years
after the date of the enactment of this Act, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the study
under subsection (a) and include in such report an analysis of the data
available and data reliability.
(e) Definitions.--In this section:
(1) Active military, naval, air, or space service; toxic
exposure.--The terms ``active military, naval, air, or space
service'' and ``toxic exposure'' have the meanings given those
terms in section 101 of title 38, United States Code, as added
by section 102(b).
(2) Covered waste.--The term ``covered waste'' means any
waste arising from activities carried out in connection with the
Manhattan Project.
(3) Illness.--The term ``illness'' has the meaning given
that term in section 1171 of title 38, United States Code, as
added by section 202.
(4) Toxic exposure.--The term ``toxic exposure'' has the
meaning given such term in section 101 of title 38, United
States Code, as amended by section 102(b).
SEC. 507. STUDY ON TOXIC EXPOSURE AND MENTAL HEALTH OUTCOMES.
(a) <<NOTE: Deadline. Contracts. Assessment.>> Study Required.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine for the
conduct of a study of veterans to assess possible relationships between
toxic exposures experienced during service in the Armed Forces and
mental health conditions, including chronic multisymptom illness,
traumatic brain injury, post-traumatic stress disorder, depression,
episodes of psychosis, schizophrenia, bipolar disorder, suicide
attempts, and suicide deaths.
(b) Elements.--For each veteran included in the study under
subsection (a), the following information shall be collected and
assessed:
(1) Age.
(2) Sex.
(3) Race and ethnicity.
(4) Period and length of service in the Armed Forces.
(5) The military occupational specialty or specialties of
the veteran.
(6) History of toxic exposure during service in the Armed
Forces.
(7) Any diagnosis of chronic multisymptom illness.
(8) Any diagnosis of a mental health or cognitive disorder.
(9) Any history of suicide attempt or suicidality.
(10) If the veteran died by suicide.
(11) Any confounding traumatic experiences that could affect
a veteran's mental health.
(c) Report.--Not later than three years after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report containing the
[[Page 136 STAT. 1790]]
findings of the National Academies of Sciences, Engineering, and
Medicine with respect to the study conducted under subsection (a).
SEC. 508. STUDY ON VETERANS IN TERRITORIES OF THE UNITED STATES.
(a) GAO Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the state of access and barriers
to benefits and services furnished by the Veterans Benefits
Administration and the Veterans Health Administration under laws
administered by the Secretary of Veterans Affairs to veterans in
Territories and Freely Associated States of the United States,
including deficits in the availability and accessibility of such
benefits and services compared to veterans elsewhere in the
United States.
(2) Elements.--The study under paragraph (1) shall include--
(A) the number of veterans in each Territory and
Freely Associated State of the United States;
(B) the number of veterans in each Territory and
Freely Associated State who are enrolled in the system
of annual patient enrollment of the Department of
Veterans Affairs under section 1705(a) of title 38,
United States Code;
(C) a description of how the Department estimates
the number of veterans in each Territory and Freely
Associated State who are eligible for services under
section 1710 of such title but who are not enrolled as
described in subparagraph (B);
(D) a detailed description of obstacles facing
veterans in each Territory and Freely Associated State
in accessing health care services, including those
involving the availability of such services to veterans
in the Territory or Freely Associated State in which the
veterans reside, and any distance impediments to
receiving services at a regional medical center of the
Veterans Health Administration, a community-based
outpatient clinic, another full-service medical facility
of the Department, or a Vet Center, respectively;
(E) a detailed description of obstacles facing
veterans in each Territory and Freely Associated State
in accessing readjustment counseling services, including
those involving the availability of such services to
veterans in the Territory in which the veterans reside,
and any distance impediments to receiving services at a
readjustment counseling services center of the
Department;
(F) a detailed description of obstacles facing
veterans in each Territory and Freely Associated State
in accessing non-health care veterans benefits,
including those involving the availability of benefits
and services to veterans in the Territory or Freely
Associated State in which the veterans reside, and any
distance impediments to accessing the nearest office of
the Veterans Benefits Administration;
(G) <<NOTE: Analysis.>> an analysis of the staffing
and quality of the offices of the Veterans Benefits
Administration and Veterans Health Administration
charged with serving veterans in the Territories and
Freely Associated States, including the
[[Page 136 STAT. 1791]]
availability of the full- and part-time staff of each
office to the veterans they are charged with serving;
(H) <<NOTE: Analysis.>> an analysis of the
availability of the Veterans Community Care Program
established under section 1703 of title 38, United
States Code, to veterans in each Territory and Freely
Associated State;
(I) <<NOTE: Analysis.>> an analysis of the economic
and health outcomes for veterans in each Territory or
Freely Associated State resulting from obstacles to
accessing adequate assistance and health care at
facilities of the Department;
(J) <<NOTE: Analysis. Time period.>> an analysis of
the access to benefit assistance and health care
provided to veterans in the aftermath of major disasters
declared in each of the Territories and Freely
Associated States since September 4, 2017; and
(K) <<NOTE: Recommenda- tions.>> such
recommendations as the Comptroller General considers
appropriate for improving access of veterans in the
Territories and Freely Associated States to benefits and
health care services furnished by the Secretary, and
reducing barriers and deficits in the availability and
accessibility of such benefits and services compared to
veterans elsewhere in the United States.
(b) <<NOTE: Deadline. Recommenda- tions.>> Briefing.--Not later
than one year after the date of the enactment of this Act, the
Comptroller General shall provide to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the House of
Representatives a briefing setting forth the results of the study
conducted under subsection (a), including any recommendations developed
under paragraph (2)(K) of such subsection.
(c) Definitions.--In this section:
(1) Freely associated state.--The term ``Freely Associated
State'' includes the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau.
(2) Territory.--The term ``Territory'' includes American
Samoa, the Commonwealth of the Northern Marianas Islands, Guam,
Puerto Rico, and the Virgin Islands.
(3) Vet center.--The term ``Vet Center'' has the meaning
given that term in section 1712A(h) of title 38, United States
Code.
SEC. 509. <<NOTE: 38 USC 527 note.>> DEPARTMENT OF VETERANS
AFFAIRS PUBLIC WEBSITE FOR TOXIC EXPOSURE
RESEARCH.
(a) <<NOTE: Deadline.>> Website.--Not later than one year after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall establish, and maintain thereafter, a publicly accessible internet
website of the Department of Veterans Affairs that serves as a
clearinghouse for the publication of all toxic exposure research carried
out or funded by the executive branch of the Federal Government.
(b) Coordination.--In carrying out subsection (a), the Secretary
shall coordinate with--
(1) the heads of each Federal agency carrying out or funding
toxic exposure research;
(2) the War Related Illness and Injury Study Center of the
Department of Veterans Affairs, or successor center; and
(3) any working group of the Department of Veterans Affairs
or other similar entity responsible for coordinating toxic
exposure research.
(c) Definitions.--In this section:
[[Page 136 STAT. 1792]]
(1) Toxic exposure.--The term ``toxic exposure'' has the
meaning given that term in section 101 of title 38, United
States Code, as added by section 102(b).
(2) Toxic exposure research.--The term ``toxic exposure
research'' means research on the health consequences of toxic
exposures experienced during service in the Armed Forces.
SEC. 510. REPORT ON HEALTH EFFECTS OF JET FUELS USED BY ARMED
FORCES.
(a) <<NOTE: Public information.>> Initial Report.--Not later than
one year after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives, and make publicly available, a report on health effects
of jet fuels used by the Armed Forces.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) A discussion of the effect of various different types of
jet fuels used by the Armed Forces on the health of individuals
by length of exposure.
(2) An identification of the immediate symptoms of jet fuel
exposure that may indicate future health risks.
(3) A chronology of health safeguards implemented by the
Armed Forces intended to reduce the exposure of members of the
Armed Forces to jet fuel.
(4) An identification of any areas relating to jet fuel
exposure about which new research needs to be conducted.
(c) <<NOTE: Update.>> Follow-up Report.--Not later than five years
after the date of the submittal of the report under subsection (a), the
Secretary shall submit to the committees referred to in such subsection
an update to such report.
TITLE VI <<NOTE: Fairly Assessing Service-related Toxic Exposure
Residuals Presumptions Act of 2022.>> --IMPROVEMENT OF RESOURCES AND
TRAINING REGARDING TOXIC-EXPOSED VETERANS
SEC. 601. <<NOTE: 38 USC 1101 note prec.>> SHORT TITLE;
DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Fairly Assessing
Service-related Toxic Exposure Residuals Presumptions Act of 2022'' or
the ``FASTER Presumption Act of 2022''.
(b) Definitions.--In this title, the terms ``active military, naval,
air, or space service'', ``toxic exposure'', and ``toxic-exposed
veteran'' have the meanings given those terms in section 101 of title
38, United States Code, as amended by section 102.
SEC. 602. <<NOTE: 38 USC 1101 note prec.>> PUBLICATION OF LIST OF
RESOURCES OF DEPARTMENT OF VETERANS
AFFAIRS FOR TOXIC-EXPOSED VETERANS AND
VETERANS WHO REPORT TOXIC EXPOSURES AND
OUTREACH PROGRAM FOR SUCH VETERANS AND
CAREGIVERS AND SURVIVORS OF SUCH VETERANS.
(a) Publication of List of Resources.--
(1) <<NOTE: Deadline. Time period.>> In general.--Not later
than one year after the date of the enactment of this Act, and
annually thereafter, the Secretary of Veterans Affairs shall
publish a list of resources of the Department of Veterans
Affairs for--
[[Page 136 STAT. 1793]]
(A) toxic-exposed veterans and veterans who report
toxic exposure;
(B) families and caregivers of such veterans; and
(C) survivors of such veterans who are receiving
death benefits under the laws administered by the
Secretary.
(2) Update.--The Secretary shall periodically update the
list published under paragraph (1).
(b) Outreach.--The Secretary shall develop, with input from the
community, an informative outreach program for veterans on illnesses
that may be related to toxic exposures, including outreach with respect
to benefits and support programs.
SEC. 603. <<NOTE: 38 USC 1101 note prec.>> INCORPORATION OF TOXIC
EXPOSURE SCREENING FOR VETERANS.
(a) <<NOTE: Deadline. Determination.>> In General.--Beginning not
later than 90 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall incorporate a screening to help
determine potential toxic exposures during active military, naval, air,
or space service as part of a health care screening furnished by the
Department of Veterans Affairs to veterans enrolled in the system of
annual patient enrollment of the Department established and operated
under section 1705 of title 38, United States Code, to improve
understanding by the Department of toxic exposures while serving in the
Armed Forces.
(b) Timing.--The Secretary shall ensure that a veteran described in
subsection (a) completes the screening required under such subsection
not less frequently than once every five years.
(c) Determination of Questions.--
(1) In general.--The questions included in the screening
required under subsection (a) shall be determined by the
Secretary with input from medical professionals.
(2) Specific questions.--At a minimum, the screening
required under subsection (a) shall, with respect to a veteran,
include--
(A) a question about the potential exposure of the
veteran to an open burn pit; and
(B) a question regarding toxic exposures that are
commonly associated with service in the Armed Forces.
(3) Open burn pit defined.--In this subsection, the term
``open burn pit'' means an area of land that--
(A) is designated by the Secretary of Defense to be
used for disposing solid waste by burning in the outdoor
air; and
(B) does not contain a commercially manufactured
incinerator or other equipment specifically designed and
manufactured for the burning of solid waste.
(d) Print Material.--In developing the screening established under
subsection (a), the Secretary shall ensure that print materials
complementary to such screening that outline related resources for
veterans are available at each medical center of the Department to
veterans who may not have access to the internet.
(e) <<NOTE: Time period.>> Screening Updates.--The Secretary shall
consider updates to the content of the screening required under
subsection (a) not less frequently than biennially to ensure the
screening contains the most current information.
[[Page 136 STAT. 1794]]
SEC. 604. <<NOTE: 38 USC 1101 note prec.>> TRAINING FOR PERSONNEL
OF THE DEPARTMENT OF VETERANS AFFAIRS WITH
RESPECT TO VETERANS WHO REPORT TOXIC
EXPOSURES.
(a) Health Care Personnel.--The Secretary of Veterans Affairs shall
provide to health care personnel of the Department of Veterans Affairs
education and training to identify, treat, and assess the impact on
veterans of illnesses related to toxic exposures and inform such
personnel of how to ask for additional information from veterans
regarding different toxic exposures.
(b) Benefits Personnel.--
(1) In general.--The Secretary shall incorporate a training
program for processors of claims under the laws administered by
the Secretary who review claims for disability benefits relating
to service-connected disabilities based on toxic exposures.
(2) Annual training.--Training provided to processors under
paragraph (1) shall be provided not less frequently than
annually.
TITLE VII--RESOURCING
SEC. 701. AUTHORITY TO USE APPROPRIATIONS TO ENHANCE CLAIMS
PROCESSING CAPACITY AND AUTOMATION.
(a) <<NOTE: 38 USC 324 note.>> Authority.--The Secretary of
Veterans Affairs may use, from amounts appropriated to the Cost of War
Toxic Exposures Fund established by section 324 of title 38, United
States Code, as added by section 805 of this Act, such amounts as may be
necessary to continue the modernization, development, and expansion of
capabilities and capacity of information technology systems and
infrastructure of the Veterans Benefits Administration, including for
claims automation, to support expected increased claims processing for
newly eligible veterans pursuant to this Act.
(b) Plan for Modernization of Veterans Benefits Administration
Information Technology Systems.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall submit to the appropriate
congressional committees a plan for the modernization of the
information technology systems of the Veterans Benefits
Administration. <<NOTE: Time periods.>> The plan shall cover the
first fiscal year that begins after the date of the enactment of
this Act and the subsequent four fiscal years and shall include
each of the following:
(A) An identification of any information system to
be modernized or retired, if applicable, during the
period covered by the plan.
(B) A description of how the Secretary intends to
incorporate the following principles into the
modernization of such information systems:
(i) The purpose of automation should be to
increase the speed and accuracy of claims
processing decisions.
(ii) Automation should be conducted in a
manner that enhances the productivity of employees
of the Department of Veterans Affairs.
(iii) Automation should be carried out in a
manner that achieves greater consistency in the
processing and
[[Page 136 STAT. 1795]]
rating of claims by relying on patterns of similar
evidence in claim files.
(iv) To the greatest extent possible,
automation should be carried out by drawing from
information in the possession of the Department,
other Government agencies, and applicants for
benefits.
(v) Automation of any claims analysis or
determination process should not be end-to-end or
lack intermediation.
(vi) Employees of the Department should
continue to make decisions with respect to the
approval of claims and the granting of benefits.
(vii) Automation should not be carried out in
a manner that reduces or infringes upon the due
process rights of applicants for benefits under
the laws administered by the Secretary; or the
duties of the Secretary to assist and notify
claimants.
(viii) Automation should be carried out while
taking all necessary measures to protect the
privacy of claimants and their personally
identifiable information.
(ix) Automation of claims processing should
not eliminate or reduce the workforce of the
Veterans Benefits Administration.
(C) An identification of targets, for each fiscal
year, by which the Secretary intends to complete the
modernization of each information system or major
component or functionality of such system identified
under subparagraph (A).
(D) <<NOTE: Cost estimates.>> Cost estimates for
the modernization of each information system identified
under paragraph (A) for each fiscal year covered by the
plan and in total.
(2) <<NOTE: Definition.>> Appropriate congressional
committees.--In this section, the term ``appropriate
congressional committees'' means--
(A) the Committee on Veterans' Affairs and the
Subcommittee on Military Construction, Veterans Affairs,
and Related Agencies of the Committee on Appropriations
of the Senate; and
(B) the Committee on Veterans' Affairs and the
Subcommittee on Military Construction, Veterans Affairs,
and Related Agencies of the Committee on Appropriations
of the House of Representatives.
SEC. 702. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES OF
DEPARTMENT OF VETERANS AFFAIRS FOR FISCAL
YEAR 2023.
(a) <<NOTE: State listing.>> In General.--The Secretary of Veterans
Affairs may carry out the following major medical facility leases in
fiscal year 2023:
(1) Lease for an outpatient clinic in the vicinity of
Allentown, Pennsylvania, in an estimated amount of $31,832,000.
(2) Lease for a facility for member services for the
Veterans Health Administration in the vicinity of Atlanta,
Georgia, in an estimated amount of $27,134,000.
(3) Lease for an outpatient clinic in the vicinity of
Baltimore, Maryland, in an estimated amount of $43,041,000.
(4) Lease for an outpatient clinic in the vicinity of Baton
Rouge, Louisiana, in an estimated amount of $29,550,000.
[[Page 136 STAT. 1796]]
(5) Lease for an outpatient clinic in the vicinity of
Beaufort, South Carolina, in an estimated amount of $24,254,000.
(6) Lease for an outpatient clinic in the vicinity of
Beaumont, Texas, in an estimated amount of $15,632,000.
(7) Lease for an outpatient clinic in the vicinity of
Brainerd, Minnesota, in an estimated amount of $14,669,000.
(8) Lease for a facility for research in the vicinity of
Buffalo, New York, in an estimated amount of $11,106,000.
(9) Lease for an outpatient clinic in the vicinity of
Clarksville, Tennessee, in an estimated amount of $75,135,000.
(10) Lease of a facility for research in the vicinity of
Columbia, Missouri, in an estimated amount of $20,726,000.
(11) Lease for an outpatient clinic in the vicinity of
Cookeville, Tennessee, in an estimated amount of $10,958,000.
(12) Lease for a residential treatment facility in the
vicinity of Denver, Colorado, in an estimated amount of
$9,133,000.
(13) Lease for an outpatient clinic in the vicinity of
Elizabethtown, Kentucky, in an estimated amount of $16,671,000.
(14) Lease for an outpatient clinic in the vicinity of
Farmington, Missouri, in an estimated amount of $17,940,000.
(15) Lease for an outpatient clinic in the vicinity of
Hampton, Virginia, in an estimated amount of $63,085,000.
(16) Lease for an outpatient clinic in the vicinity of
Jacksonville, North Carolina, in an estimated amount of
$61,450,000.
(17) Lease for an outpatient clinic in the vicinity of
Killeen, Texas, in an estimated amount of $61,030,000.
(18) Lease for an outpatient clinic in the vicinity of
Lawrence, Indiana, in an estimated amount of $15,811,000.
(19) Lease for an outpatient clinic in the vicinity of
Lecanto, Florida, in an estimated amount of $15,373,000.
(20) Lease for an outpatient clinic in the vicinity of
Nashville, Tennessee, in an estimated amount of $58,038,000.
(21) Lease for an outpatient clinic in the vicinity of North
Kansas City, Missouri, in an estimated amount of $40,027,000.
(22) Lease for an outpatient clinic in the vicinity of
Pflugerville, Texas, in an estimated amount of $16,654,000.
(23) Lease for an outpatient clinic in the vicinity of
Plano, Texas, in an estimated amount of $32,796,000.
(24) Lease for an outpatient clinic in the vicinity of
Prince George's County, Maryland, in an estimated amount of
$31,754,000.
(25) Lease for an outpatient clinic in the vicinity of
Rolla, Missouri, in an estimated amount of $21,352,000.
(26) Lease for an outpatient clinic in the vicinity of Salt
Lake City, Utah, in an estimated amount of $29,466,000.
(27) Lease for an outpatient clinic in the vicinity of
Sarasota, Florida, in an estimated amount of $36,517,000.
(28) Lease for an outpatient clinic in the vicinity of
Springfield, Massachusetts, in an estimated amount of
$30,918,000.
(29) Lease for a community living center in the vicinity of
Tampa, Florida, in an estimated amount of $51,682,000.
(30) Lease for an outpatient clinic in the vicinity of The
Villages, Florida, in an estimated amount of $48,267,000.
(31) Lease for an outpatient clinic in the vicinity of Tri-
Cities, Washington, in an estimated amount of $36,136,000.
[[Page 136 STAT. 1797]]
(b) Treatment of <<NOTE: Effective date.>> Authorizations.--The
authorization of leases under subsection (a) shall be considered to be a
specific authorization by law of the funds for such leases for purposes
of section 8104(a)(2) of title 38, United States Code, as in effect on
the day before the date of the enactment of this Act.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year 2023,
or the year in which funds are appropriated for the Medical Facilities
account, $998,137,000 for the leases authorized in subsection (a).
SEC. 703. TREATMENT OF MAJOR MEDICAL FACILITY LEASES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Congressional Approval of Major Medical Facility Leases.--
Paragraph (2) of subsection (a) of section 8104 of title 38, United
States Code, is amended--
(1) by striking ``No funds'' and inserting ``(A) No funds'';
(2) by striking ``or any major medical facility lease'';
(3) by striking ``or lease''; and
(4) by adding at the end the following new subparagraph:
``(B) No funds may be appropriated for any fiscal year, and
the Secretary may not obligate or expend funds (other than for
advance planning and design), for any major medical facility
lease unless the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives each adopt a resolution approving the lease.''.
(b) Modification of Definition of Major Medical Facility Lease.--
Subparagraph (B) of paragraph (3) of such subsection is amended to read
as follows:
``(B) The term `major medical facility lease'--
``(i) means a lease for space for use as a new
medical facility approved through the General Services
Administration under section 3307(a) of title 40 at an
average annual rent equal to or greater than the
appropriate dollar threshold described in such section,
which shall be subject to annual adjustment in
accordance with section 3307(h) of such title; and
``(ii) does not include a lease for space for use as
a shared Federal medical facility for which the
Department's estimated share of the lease costs does not
exceed such dollar threshold.''.
(c) Separate Prospectus Requirement for Major Medical Facility
Leases.--Subsection (b) of such section is amended--
(1) by striking paragraph (7);
(2) in paragraph (1), by redesignating subparagraphs (A)
through (E) as clauses (i) through (v), respectively;
(3) in paragraph (6), by redesignating subparagraphs (A)
through (C) as clauses (i) through (iii), respectively;
(4) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively;
(5) in the matter preceding subparagraph (A), as
redesignated by paragraph (4)--
(A) by striking ``Whenever the President'' and
inserting ``(1) Whenever the President'';
(B) by striking ``the Congress'' and inserting
``Congress''; and
[[Page 136 STAT. 1798]]
(C) by striking ``or a major medical facility lease
(as defined in subsection (a)(3)(b))'';
(6) in subparagraph (A), as redesignated by paragraph (4),
by striking ``leased,'';
(7) in subparagraph (E), as redesignated by paragraph (4)--
(A) by striking ``or lease'' each place it appears;
and
(B) by striking ``or leases''; and
(8) by adding at the end the following new paragraph:
``(2) Whenever the President or the Secretary submit to Congress a
request for the funding of a major medical facility lease (as defined in
subsection (a)(3)(B)), the Secretary shall submit to each committee, on
the same day, a prospectus of the proposed medical facility. Any such
prospectus shall include the following:
``(A) A description of the facility to be leased.
``(B) <<NOTE: Cost estimate.>> An estimate of the cost to
the Federal Government of the facility to be leased.
``(C) <<NOTE: Estimate.>> An estimate of the energy
performance of the proposed lease space, to include a
description of anticipated utilization of renewable energy,
energy efficient and climate resilient elements, and related
matters.
``(D) <<NOTE: Data. Time periods.>> Current and projected
workload and utilization data regarding the facility to be
leased, including information on projected changes in workload
and utilization over a five-year period, a ten-year period, and
a twenty-year period.
``(E) <<NOTE: Analyses. Compliance.>> A detailed analysis
of how the lease is expected to comply with Office of Management
and Budget Circular A-11 and section 1341 of title 31 (commonly
referred to as the `Anti-Deficiency Act'). Any such analysis
shall include--
``(i) an analysis of the classification of the lease
as a `lease purchase', a `capital lease', or an
`operating lease' as those terms are defined in Office
of Management and Budget Circular A-11;
``(ii) an analysis of the obligation of budgetary
resources associated with the lease; and
``(iii) an analysis of the methodology used in
determining the asset cost, fair market value, and
cancellation costs of the lease.''.
(d) Interim Leasing Actions.--Such section is further amended by
adding at the end the following new subsection:
``(i)(1) Notwithstanding subsection (a)(2)(B), the Secretary may
carry out interim leasing actions as the Secretary considers necessary
for the following leases:
``(A) Major medical facility leases (as defined in
subsection (a)(3)(B)) approved pursuant to this section and for
which a prospectus for a replacement lease has been submitted to
Congress pursuant to subsection (b)(2).
``(B) Replacement leases that do not require approval under
this section and for which a prospectus has been submitted to
Congress pursuant to subsection (b)(2).
``(2) <<NOTE: Definition.>> In this subsection, the term `interim
leasing actions' has the meaning given that term by the Administrator of
the General Services Administration.''.
(e) Purchase Options.--Such section is further amended by adding at
the end the following new subsection:
[[Page 136 STAT. 1799]]
``(j) The Secretary may obligate and expend funds to exercise a
purchase option included in any major medical facility lease (as defined
in subsection (a)(3)(B)).''.
(f) <<NOTE: 38 USC 8104 note.>> Applicability.--The amendments made
by this section shall apply with respect to any lease that has not been
specifically authorized by law on or before the date of the enactment of
this Act.
SEC. 704. AUTHORITY TO ENTER INTO AGREEMENTS WITH ACADEMIC
AFFILIATES AND OTHER ENTITIES TO ACQUIRE
SPACE FOR THE PURPOSE OF PROVIDING HEALTH-
CARE RESOURCES TO VETERANS.
Section 8103 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(h)(1) <<NOTE: Determination.>> Notwithstanding any other
provision of law requiring the use of competitive procedures, including
section 2304 of title 10, when the Secretary determines it to be in the
best interest of the Department, the Secretary may enter into a lease
with an academic affiliate or covered entity to acquire space for the
purpose of providing health-care resources to veterans.
``(2) <<NOTE: Definitions.>> In this subsection:
``(A) The term `academic affiliate' means an institution or
organization described in section 7302(d) of this title.
``(B) The term `covered entity' means a unit or subdivision
of a State, local, or municipal government, public or nonprofit
agency, institution, or organization, or other institution or
organization as the Secretary considers appropriate that owns
property controlled by an academic affiliate to be leased under
this subsection.
``(C) The term `health -care resource' has the meaning given
that term in section 8152(1) of this title.
``(D) The term `space' means any room, unit, floor, wing,
building, parking facility, or other subdivision of a building
or facility owned or controlled by an academic affiliate.''.
SEC. 705. MODIFICATIONS TO ENHANCED-USE LEASE AUTHORITY OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Modifications to Authority.--Paragraph (2) of section 8162(a) of
title 38, United States Code, is amended to read as follows:
``(2)(A) <<NOTE: Determination.>> The Secretary may enter into an
enhanced-use lease on or after the date of the enactment of this
paragraph only if the Secretary determines--
``(i) that the lease will not be inconsistent with, and will
not adversely affect--
``(I) the mission of the Department; or
``(II) the operation of facilities, programs, and
services of the Department in the area of the leased
property; and
``(ii) that--
``(I) the lease will enhance the use of the leased
property by directly or indirectly benefitting veterans;
or
``(II) the leased property will provide supportive
housing.
``(B) The Secretary shall give priority to enhanced-use leases that,
on the leased property--
``(i) provide supportive housing for veterans;
[[Page 136 STAT. 1800]]
``(ii) provide direct services or benefits targeted to
veterans; or
``(iii) provide services or benefits that indirectly support
veterans.''.
(b) Extension of Maximum Term of Enhanced-use Lease.--Section
8162(b)(2) of such title <<NOTE: 38 USC 8162.>> is amended by striking
``75 years'' and inserting ``99 years''.
(c) Modification of Use of Proceeds.--Section 8165(a)(1) of such
title is amended by striking ``shall be deposited in the Department of
Veterans Affairs Medical Care Collections Fund established under section
1729A of this title.'' and inserting ``shall, at the discretion of the
Secretary, be deposited in--
``(A) the Department of Veterans Affairs Medical Care
Collections Fund established under section 1729A of this title;
or
``(B) the Medical Facilities or Construction, Minor Projects
account of the Department to be used to defray the costs of
administration, maintenance, repair, and related expenses
incurred by the Department with respect to property that is
owned by or under the jurisdiction or control of the
Department.''.
(d) <<NOTE: 38 USC 8101 prec.>> Repeal of Sunset.--Section 8169 of
such title is repealed.
(e) Appropriation.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any funds in the
Treasury not otherwise appropriated, $922,000,000 for an additional
amount for the Department of Veterans Affairs, to remain available until
expended, to enter into enhanced-use leases pursuant to section 8162 of
title 38, United States Code, as amended by this section.
SEC. 706. AUTHORITY FOR JOINT LEASING ACTIONS OF DEPARTMENT OF
DEFENSE AND DEPARTMENT OF VETERANS
AFFAIRS.
(a) Department of Defense.--Section 1104A of title 10, United States
Code, is amended--
(1) by inserting ``, or the leasing,'' after ``design, and
construction'' each place it appears; and
(2) in subsection (c)(2), by inserting ``, or the leasing,''
after ``design''.
(b) Department of Veterans Affairs.--Section 8111B of title 38,
United States Code, is amended--
(1) in subsection (a), by inserting ``, or the leasing,''
after ``design, and construction'';
(2) in subsection (b), by adding at the end the following
new paragraph:
``(3) <<NOTE: Transfer authority.>> The Secretary of Veterans
Affairs may transfer to the Department of Defense amounts appropriated
to the `Medical Facilities' account of the Department of Veterans
Affairs for the purpose of leasing space for a shared medical facility
if the estimated share of the Department of Veterans Affairs for the
lease costs does not exceed the amount specified in section
8104(a)(3)(B) of this title.''; and
(3) in subsection (c), by adding at the end the following
new paragraph:
``(3) Any amount transferred to the Secretary of Veterans Affairs by
the Secretary of Defense for the purpose of leasing space for a shared
medical facility may be credited to the `Medical Facilities'
[[Page 136 STAT. 1801]]
account of the Department of Veterans Affairs and may be used for such
purpose.''.
SEC. 707. APPROPRIATION OF AMOUNTS FOR MAJOR MEDICAL FACILITY
LEASES.
(a) Fiscal Year 2023.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2023, out of any funds in the
Treasury not otherwise appropriated, $1,880,000,000 for an additional
amount for the Medical Facilities account of the Department of Veterans
Affairs, to remain available until expended, for major medical facility
leases authorized by section 702.
(b) Additional Years.--In addition to amounts otherwise available,
there is appropriated, out of any funds in the Treasury not otherwise
appropriated, for an additional amount for the Medical Facilities
account of the Department of Veterans Affairs, to remain available until
expended, for major medical facility leases authorized by section 702 or
approved pursuant to subchapter I of chapter 81 of title 38, United
States Code, as amended by section 703--
(1) $100,000,000 for fiscal year 2024;
(2) $200,000,000 for fiscal year 2025;
(3) $400,000,000 for fiscal year 2026;
(4) $450,000,000 for fiscal year 2027;
(5) $600,000,000 for fiscal year 2028;
(6) $610,000,000 for fiscal year 2029;
(7) $620,000,000 for fiscal year 2030; and
(8) $650,000,000 for fiscal year 2031.
TITLE VIII--RECORDS AND OTHER MATTERS
SEC. 801. EPIDEMIOLOGICAL STUDY ON FORT MCCLELLAN VETERANS.
The <<NOTE: Time period.>> Secretary of Veterans Affairs shall
conduct an epidemiological study on the health trends of veterans who
served in the Armed Forces at Fort McClellan at any time during the
period beginning January 1, 1935, and ending on May 20, 1999.
SEC. 802. <<NOTE: 10 USC 1071 note.>> BIENNIAL BRIEFING ON
INDIVIDUAL LONGITUDINAL EXPOSURE RECORD.
(a) <<NOTE: Deadline. Determination. Consultation.>> In General.--
Not later than one year after the date on which the Individual
Longitudinal Exposure Record achieves full operational capability, as
determined by the Secretary of Defense, and every two years thereafter,
the Secretary of Defense, in consultation with the Secretary of Veterans
Affairs, shall provide the appropriate committees of Congress a briefing
on--
(1) the quality of the databases of the Department of
Defense that provide the information presented in such
Individual Longitudinal Exposure Record; and
(2) the usefulness of such Individual Longitudinal Exposure
Record or system in supporting members of the Armed Forces and
veterans in receiving health care and benefits from the
Department of Defense and the Department of Veterans Affairs.
(b) <<NOTE: Recommenda- tions.>> Elements.--Each briefing required
by subsection (a) shall include, for the period covered by the report,
the following:
(1) An identification of potential exposures to occupational
or environmental hazards captured by the current systems of the
Department of Defense for environmental, occupational,
[[Page 136 STAT. 1802]]
and health monitoring, and recommendations for how to improve
those systems.
(2) <<NOTE: Analysis. Determination.>> An analysis of the
quality and accuracy of the location data used by the Department
of Defense in determining potential exposures to occupational or
environmental hazards by members of the Armed Forces and
veterans, and recommendations for how to improve the quality of
such data if necessary.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
(2) Individual longitudinal exposure record.--The term
``Individual Longitudinal Exposure Record'' has the meaning
given such term in section 1171 of title 38, United States Code,
as added by section 202.
SEC. 803. <<NOTE: 38 USC 1171 note.>> CORRECTION OF EXPOSURE
RECORDS BY MEMBERS OF THE ARMED FORCES AND
VETERANS.
(a) <<NOTE: Coordination. Update.>> In General.--The Secretary of
Veterans Affairs shall coordinate with the Secretary of Defense to
provide a means for veterans to update their records as necessary to
reflect exposures to occupational or environmental hazards by such
member or veteran in the Individual Longitudinal Exposure Record.
(b) Evidence.--
(1) Provision of evidence.--To update a record under
subsection (a), a veteran shall provide such evidence as the
Secretary of Veterans Affairs considers necessary.
(2) Regulations.--The Secretary of Veterans Affairs shall
prescribe by regulation the evidence considered necessary under
paragraph (1).
(c) Definitions.--In this section:
(1) Individual longitudinal exposure record.--The term
``Individual Longitudinal Exposure Record'' has the meaning
given such term in section 1171 of title 38, United States Code,
as added by section 202.
(2) Toxic exposure.--The term ``toxic exposure'' has the
meaning given such term in section 101 of title 38, United
States Code, as amended by section 102(b).
SEC. 804. <<NOTE: Camp Lejeune Justice Act of 2022. 28 USC 2671
note prec.>> FEDERAL CAUSE OF ACTION
RELATING TO WATER AT CAMP LEJEUNE, NORTH
CAROLINA.
(a) Short Title.--This section may be cited as the ``Camp Lejeune
Justice Act of 2022''.
(b) <<NOTE: Time periods.>> In General.--An individual, including a
veteran (as defined in section 101 of title 38, United States Code), or
the legal representative of such an individual, who resided, worked, or
was otherwise exposed (including in utero exposure) for not less than 30
days during the period beginning on August 1, 1953, and ending on
December 31, 1987, to water at Camp Lejeune, North Carolina, that was
supplied by, or on behalf of, the United States may bring an action in
the United States District Court for the Eastern District of North
Carolina to obtain appropriate relief for harm that was caused by
exposure to the water at Camp Lejeune.
(c) Burdens and Standard of Proof.--
[[Page 136 STAT. 1803]]
(1) In general.--The burden of proof shall be on the party
filing the action to show one or more relationships between the
water at Camp Lejeune and the harm.
(2) Standards.--To meet the burden of proof described in
paragraph (1), a party shall produce evidence showing that the
relationship between exposure to the water at Camp Lejeune and
the harm is--
(A) sufficient to conclude that a causal
relationship exists; or
(B) sufficient to conclude that a causal
relationship is at least as likely as not.
(d) Exclusive Jurisdiction and Venue.--The United States District
Court for the Eastern District of North Carolina shall have exclusive
jurisdiction over any action filed under subsection (b), and shall be
the exclusive venue for such an action. Nothing in this subsection shall
impair the right of any party to a trial by jury.
(e) Exclusive Remedy.--
(1) In general.--An individual, or legal representative of
an individual, who brings an action under this section for a
harm described in subsection (b), including a latent disease,
may not thereafter bring a tort action against the United States
for such harm pursuant to any other law.
(2) Health and disability benefits relating to water
exposure.--Any award made to an individual, or legal
representative of an individual, under this section shall be
offset by the amount of any disability award, payment, or
benefit provided to the individual, or legal representative--
(A) under--
(i) any program under the laws administered by
the Secretary of Veterans Affairs;
(ii) the Medicare program under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.);
or
(iii) the Medicaid program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.);
and
(B) in connection with health care or a disability
relating to exposure to the water at Camp Lejeune.
(f) Immunity Limitation.--The United States may not assert any claim
to immunity in an action under this section that would otherwise be
available under section 2680(a) of title 28, United States Code.
(g) No Punitive Damages.--Punitive damages may not be awarded in any
action under this section.
(h) <<NOTE: Compliance.>> Disposition by Federal Agency Required.--
An individual may not bring an action under this section before
complying with section 2675 of title 28, United States Code.
(i) Exception for Combatant Activities.--This section does not apply
to any claim or action arising out of the combatant activities of the
Armed Forces.
(j) <<NOTE: Claims.>> Applicability; Period for Filing.--
(1) Applicability.--This section shall apply only to a claim
accruing before the date of enactment of this Act.
(2) Statute of limitations.--A claim in an action under this
section may not be commenced after the later of--
(A) the date that is two years after the date of
enactment of this Act; or
[[Page 136 STAT. 1804]]
(B) the date that is 180 days after the date on
which the claim is denied under section 2675 of title
28, United States Code.
(3) Inapplicability of other limitations.--Any applicable
statute of repose or statute of limitations, other than under
paragraph (2), shall not apply to a claim under this section.
SEC. 805. COST OF WAR TOXIC EXPOSURES FUND.
(a) In General.--Chapter 3 <<NOTE: 38 USC 301 prec.>> is amended by
adding at the end the following new section:
``Sec. 324. <<NOTE: 38 USC 324.>> Cost of War Toxic Exposures Fund
``(a) Establishment.--There is hereby established in the Treasury of
the United States an account to be known as the `Cost of War Toxic
Exposures Fund' (the `Fund'), to be administered by the Secretary.
``(b) Deposits.--There shall be deposited in the Fund such amounts
as may be appropriated to the Fund pursuant to subsection (c).
``(c) <<NOTE: Time periods.>> Authorization of Appropriations.--
There is authorized to be appropriated to the Fund for fiscal year 2023
and each subsequent fiscal year such sums as are necessary to increase
funding, over the fiscal year 2021 level, for investment in--
``(1) the delivery of veterans' health care associated with
exposure to environmental hazards in the active military, naval,
air, or space service in programs administered by the Under
Secretary for Health;
``(2) any expenses incident to the delivery of veterans'
health care and benefits associated with exposure to
environmental hazards in the active military, naval, air, or
space service, including administrative expenses, such as
information technology and claims processing and appeals, and
excluding leases as authorized or approved under section 8104 of
this title; and
``(3) medical and other research relating to exposure to
environmental hazards.
``(d) <<NOTE: Estimates. Time periods.>> Budget Scorekeeping.--(1)
Immediately upon enactment of the Sergeant First Class Heath Robinson
Honoring our Promise to Address Comprehensive Toxics Act of 2022,
expenses authorized to be appropriated to the Fund in subsection (c)
shall be estimated for fiscal year 2023 and each subsequent fiscal year
and treated as budget authority that is considered to be direct
spending--
``(A) in the baseline for purposes of section 257 of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 907);
``(B) by the Chairman of the Committee on the Budget of the
Senate and the Chair of the Committee on the Budget of the House
of Representatives, as appropriate, for purposes of budget
enforcement in the Senate and the House of Representatives;
``(C) under the Congressional Budget Act of 1974 (2 U.S.C.
621 et seq.), including in the reports required by section
308(b) of such Act (2 U.S.C. 639); and
``(D) for purposes of the Statutory Pay-As-You-Go Act of
2010 (2 U.S.C. 931 et seq.).
[[Page 136 STAT. 1805]]
``(2) No amount appropriated to the Fund in fiscal year 2023 or any
subsequent fiscal year pursuant to this section shall be counted as
discretionary budget authority and outlays or as direct spending for any
estimate of an appropriation Act under the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) and any other
Act.
``(3) Notwithstanding the Budget Scorekeeping Guidelines and the
accompanying list of programs and accounts set forth in the joint
explanatory statement of the committee of conference accompanying
Conference Report 105-217, and for purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) and the
Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), the Fund shall
be treated as if it were an account designated as `Appropriated
Entitlements and Mandatories for Fiscal Year 1997' in the joint
explanatory statement of the committee of conference accompanying
Conference Report 105-217.
``(e) Estimates for Congressional Consideration.--The Secretary
shall include in documents submitted to Congress in support of the
President's budget submitted pursuant to section 1105 of title 31
detailed estimates of the sums described in subsection (c) for the
applicable fiscal year.
``(f) <<NOTE: Consultation.>> Procedures for Estimates.--The
Secretary may, after consultation with the Committee on Appropriations
of the Senate and the Committee on Appropriations of the House of
Representatives, establish policies and procedures for developing the
annual detailed estimates required by subsection (e).''.
(b) Sequestration.--Section 256(h)(4) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 906(h)(4)) is amended by
adding at the end the following new subparagraph:
``(G) Cost of War Toxic Exposures Fund.''.
SEC. 806. APPROPRIATION FOR FISCAL YEAR 2022.
(a) Appropriation.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any funds in the
Treasury not otherwise appropriated, $500,000,000 for the Cost of War
Toxic Exposures Fund, established by section 324 of title 38, United
States Code, as added by section 805 of this Act, to remain available
until September 30, 2024.
(b) <<NOTE: Deadline.>> Spend Plan.--Not later than 30 days after
enactment of this Act, the Secretary of Veterans Affairs shall submit a
plan for expending amounts made available by subsection (a) by program,
project or activity to the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives. <<NOTE: Time period.>> Funds may not be obligated
until such Committees issue an approval, or absent a response, a period
of 30 days has elapsed.
SEC. 807. AUTHORIZATION OF ELECTRONIC NOTICE IN CLAIMS UNDER LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) In General.--Title 38, United States Code, is amended as
follows:
(1) By striking section 5100 <<NOTE: 38 USC 5100 prec.,
5100.>> and inserting the following:
``Sec. 5100. <<NOTE: 38 USC 5100.>> Definitions
``In this chapter:
``(1) The term `claimant' means any individual applying for,
or submitting a claim for, any benefit under the laws
administered by the Secretary.
[[Page 136 STAT. 1806]]
``(2) The term `notice' means a communication issued through
means (including electronic means) prescribed by the
Secretary.''.
(2) In section 5104, <<NOTE: 38 USC 5104.>> by adding at
the end the following new subsection:
``(c) The Secretary may provide notice under subsection (a)
electronically if a claimant (or the claimant's representative) elects
to receive such notice electronically. A claimant (or the claimant's
representative) may revoke such an election at any time, by means
prescribed by the Secretary.
``(d) <<NOTE: Time period.>> The Secretary shall annually--
``(1) <<NOTE: Recommenda- tions.>> solicit recommendations
from stakeholders on how to improve notice under this section;
and
``(2) <<NOTE: Public information. Web posting.>> publish
such recommendations on a publicly available website of the
Department.''.
(3) In section 5104B(c), in the matter preceding paragraph
(1) by striking ``in writing'' and inserting ``to the claimant
(and any representative of such claimant)''.
(4) In section 5112(b)(6), by striking ``(at the payee's
last address of record)''.
(5) In section 7104--
(A) <<NOTE: 38 USC 7101 prec., 7104.>> in the
heading, by adding ``; decisions; notice'' at the end;
and
(B) <<NOTE: 38 USC 7104.>> by striking subsection
(e) and inserting the following:
``(e) After reaching a decision on an appeal, the Board shall
promptly issue notice (as that term is defined in section 5100 of this
title) of such decision to the following:
``(1) The appellant.
``(2) Any other party with a right to notice of such
decision.
``(3) Any authorized representative of the appellant or
party described in paragraph (2).
``(f)(1) The Secretary may provide notice under subsection (e)
electronically if a claimant (or the claimant's representative) elects
to receive such notice electronically.
``(2) A claimant (or the claimant's representative) may revoke such
an election at any time, by means prescribed by the Secretary.''.
(6) In section 7105(b)(1)(A), by striking ``mailing'' and
inserting ``issuance''.
(7) In section 7105A(a), by striking ``mailed'' and
inserting ``issued''.
(8) In section 7266(a), by striking ``mailed'' and inserting
``issued''.
(b) <<NOTE: 38 USC 5100 note.>> Rule of Construction.--None of the
amendments made by this section shall be construed to apply section
5104(a) of such title to decisions of the Board of Veterans' Appeals
under chapter 71 of such title.
SEC. 808. <<NOTE: 38 USC 527 note.>> BURN PIT TRANSPARENCY.
(a) Annual Report on Disability Claims.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Veterans Affairs shall submit to the appropriate
congressional committees a report detailing the following:
(A) The total number of covered veterans.
[[Page 136 STAT. 1807]]
(B) The total number of claimed issues for
disability compensation under chapter 11 of title 38,
United States Code, approved and the total number denied
by the Secretary of Veterans Affairs with respect to a
covered veteran, and a breakdown of the reasons for the
denials.
(C) <<NOTE: List.>> A comprehensive list of the top
10 conditions from each body system for which the
Secretary awarded service connection for covered
veterans.
(D) <<NOTE: Updates.>> Any updates or trends with
respect to the information described in subparagraphs
(A), (B), and (C), that the Secretary determines
appropriate.
(2) <<NOTE: Time periods.>> Covered veteran defined.--In
this subsection, the term ``covered veteran'' means a veteran
who deployed to the Southwest Asia theater of operations any
time after August 1990, or Afghanistan, Syria, Djibouti, or
Uzbekistan after September 19, 2001, and who submits a claim for
disability compensation under chapter 11 of title 38, United
States Code.
(b) Information Regarding the Airborne Hazards and Open Burn Pit
Registry.--
(1) Notice.--The Secretary of Veterans Affairs shall ensure
that a medical professional of the Department of Veterans
Affairs informs a veteran of the Airborne Hazards and Open Burn
Pit Registry if the veteran presents at a medical facility of
the Department for treatment that the veteran describes as being
related to, or ancillary to, the exposure of the veteran to
toxic airborne chemicals and fumes caused by open burn pits.
(2) Display.--In making information public regarding the
number of participants in the Airborne Hazards and Open Burn Pit
Registry, the Secretary shall display such numbers by both State
and by congressional district.
(c) Definitions.--In this section:
(1) Airborne hazards and open burn pit registry.--The term
``Airborne Hazards and Open Burn Pit Registry'' means the
registry established by the Secretary of Veterans Affairs under
section 201 of the Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Veterans' Affairs and the
Committee on Armed Services of the Senate; and
(B) The Committee on Veterans' Affairs and the
Committee on Armed Services of the House of
Representatives.
(3) Open burn pit.--The term ``open burn pit'' has the
meaning given that term in section 201(c) of the Dignified
Burial and Other Veterans' Benefits Improvement Act of 2012
(Public Law 112-260; 38 U.S.C. 527 note).
[[Page 136 STAT. 1808]]
TITLE IX--IMPROVEMENT OF WORKFORCE OF DEPARTMENT OF VETERANS AFFAIRS
SEC. 901. <<NOTE: 38 USC 7401 note.>> NATIONAL RURAL RECRUITMENT
AND HIRING PLAN FOR VETERANS HEALTH
ADMINISTRATION.
(a) <<NOTE: Deadline.>> In General.--Not later than 18 months after
the date of the enactment of this Act, the Secretary of Veterans
Affairs, in collaboration with the directors of each community-based
outpatient clinic and medical center of the Department of Veterans
Affairs, shall develop and implement a national rural recruitment and
hiring plan for the Veterans Health Administration to--
(1) recruit health care professionals for rural and highly
rural community-based outpatient clinics and rural and highly
rural medical centers of the Department;
(2) <<NOTE: Determination.>> determine which such clinics
or centers have a staffing shortage of health care
professionals;
(3) develop best practices and techniques for recruiting
health care professionals for such clinics and centers;
(4) <<NOTE: Time period.>> not less frequently than
annually, provide virtually based, on-demand training to human
resources professionals of the Veterans Health Administration on
the best practices and techniques developed under paragraph (3);
and
(5) provide recruitment resources, such as pamphlets and
marketing material to--
(A) Veterans Integrated Service Networks of the
Department;
(B) rural and highly rural community-based
outpatient clinics of the Department; and
(C) rural and highly rural medical centers of the
Department.
(b) Annual Report.--Not later than 18 months after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a report
that includes--
(1) <<NOTE: Plan.>> the plan developed and implemented
under subsection (a); and
(2) <<NOTE: Assessment.>> an assessment of the outcomes
related to recruitment and retention of employees of the
Veterans Health Administration at rural and highly rural
facilities of the Department.
(c) Definitions.--In this section, the terms ``rural'' and ``highly
rural'' have the meanings given those terms under the rural-urban
commuting areas coding system of the Department of Agriculture.
SEC. 902. <<NOTE: 38 USC 7401 note.>> AUTHORITY TO BUY OUT SERVICE
CONTRACTS FOR CERTAIN HEALTH CARE
PROFESSIONALS IN EXCHANGE FOR EMPLOYMENT
AT RURAL OR HIGHLY RURAL FACILITIES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--For any covered health care professional to whom
the Secretary of Veterans Affairs has offered employment with the
Department of Veterans Affairs, the Secretary may buy out the non-
Department service contract of such individual in exchange for such
individual agreeing to be employed at a rural
[[Page 136 STAT. 1809]]
or highly rural facility of the Department for a period of obligated
service specified in subsection (c).
(b) Payment of Amounts.--
(1) In general.--Payment of any amounts for a buy out of a
service contract for a covered health care professional under
subsection (a) shall be made directly to the individual or
entity with respect to which the covered health care
professional has a service obligation under such contract.
(2) Limitation on total amount.--The total amount paid by
the Department under this section shall not exceed $40,000,000
per fiscal year.
(c) <<NOTE: Time period.>> Obligated Service.--In exchange for a
contract buy out under subsection (a), a covered health care
professional shall agree to be employed for not less than four years at
a rural or highly rural facility of the Department.
(d) Liability.--
(1) In general.--Except as provided in paragraph (2), if a
covered health care professional fails for any reason to
complete the period of obligated service of the individual under
subsection (c), the United States shall be entitled to recover
from the individual an amount equal to--
(A) the total amount paid under subsection (a) to
buy out the non-Department service contract of the
individual; multiplied by
(B) a fraction--
(i) the numerator of which is--
(I) the total number of months in
the period of obligated service of the
individual; minus
(II) the number of months served by
the individual; and
(ii) the denominator of which is the total
number of months in the period of obligated
service of the individual.
(2) Exception.--Liability shall not arise under paragraph
(1) in the case of an individual covered by that paragraph if
the individual does not obtain, or fails to maintain, employment
as an employee of the Department due to staffing changes
approved by the Under Secretary for Health.
(e) Annual Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, and not less frequently than annually
thereafter, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a
report on the use by the Secretary of the authority under this
section.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) The number of health care professionals for whom
a service contract buyout payment was made under
subsection (a) in the previous fiscal year,
disaggregated by occupation or specialty.
(B) The average, highest, and lowest amount of the
service contract buyout payments made under subsection
(a) for each occupation or specialty in the previous
fiscal year.
[[Page 136 STAT. 1810]]
(C) Each location where contract buyout authority
under subsection (a) was utilized and the number of
covered health care professionals who agreed to be
employed at such location in the previous fiscal year.
(f) Definitions.--In this section:
(1) Covered health care professional.--The term ``covered
health care professional'' means a physician, nurse anesthetist,
physician assistant, or nurse practitioner offered employment
with the Department regardless of the authority under which such
employment is offered.
(2) Rural; highly rural.--The terms ``rural'' and ``highly
rural'' have the meanings given those terms under the rural-
urban commuting areas coding system of the Department of
Agriculture.
(g) Sunset.--This section shall terminate on September 30, 2027.
SEC. 903. <<NOTE: 38 USC 7401 note.>> QUALIFICATIONS FOR HUMAN
RESOURCES POSITIONS WITHIN DEPARTMENT OF
VETERANS AFFAIRS AND PLAN TO RECRUIT AND
RETAIN HUMAN RESOURCES EMPLOYEES.
(a) <<NOTE: Deadline.>> Establishment of Qualifications.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall--
(1) <<NOTE: Coordination.>> establish qualifications for
each human resources position within the Department of Veterans
Affairs in coordination with the Office of Personnel Management;
(2) establish standardized performance metrics for each such
position; and
(3) <<NOTE: Reports.>> submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report containing the
qualifications and standardized performance metrics established
under paragraphs (1) and (2).
(b) <<NOTE: Deadline.>> Improvement of Human Resources Actions.--
Not later than 90 days after the date of the enactment of this Act, the
Secretary shall establish or enhance systems of the Department to
monitor the hiring and other human resources actions that occur at the
local, regional, and national levels of the Department to improve the
performance of those actions.
(c) <<NOTE: Assessments.>> Report.--Not later than one year after
the establishment of the qualifications and performance metrics under
subsection (a), the Comptroller General of the United States shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a report
containing--
(1) a description of the implementation of such
qualifications and performance metrics;
(2) an assessment of the quality of such qualifications and
performance metrics;
(3) an assessment of performance and outcomes based on such
metrics; and
(4) such other matters as the Comptroller General considers
appropriate.
(d) Plan to Recruit and Retain Human Resources
Employees. <<NOTE: Deadline.>> --Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
submit
[[Page 136 STAT. 1811]]
to the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a plan for the
recruitment and retention of human resources employees within the
Department of Veterans Affairs.
SEC. 904. MODIFICATION OF PAY CAP FOR CERTAIN EMPLOYEES OF
VETERANS HEALTH ADMINISTRATION.
(a) In General.--Section 7455(c) <<NOTE: 38 USC 7455.>> is
amended--
(1) in paragraph (1), by striking ``30 percent'' inserting
``50 percent'';
(2) in paragraph (2), by striking ``level IV'' inserting
``level II''; and
(3) by adding at the end the following new paragraph:
``(3)(A) Notwithstanding section 5304 of title 5 or any other
provision of law, but subject to the limitation under paragraph (2),
pursuant to an increase under subsection (a), the Secretary may pay a
special rate or an adjusted rate of basic pay in excess of the rate of
basic pay payable for level IV of the Executive Schedule.
``(B) If an employee is in receipt of a special rate of pay under
subparagraph (A) in excess of the rate of basic pay payable for level IV
of the Executive Schedule with an established special rate supplement of
greater value than a supplement based on the applicable locality-based
comparability payment percentage under section 5304 of title 5, but a
pay adjustment would cause such established special rate supplement to
be of lesser value, the special rate supplement shall be converted to a
supplement based on the applicable locality-based comparability
percentage unless the Secretary determines that some other action is
appropriate.''.
(b) Pay for Critical Positions.--Section 7404(a)(1)(B) is amended by
inserting ``7306 or'' before ``7401(4)''.
SEC. 905. EXPANSION OF OPPORTUNITIES FOR HOUSEKEEPING AIDES.
Section 3310 of title 5, United States Code, is amended by inserting
``(other than for positions of housekeeping aides in the Department of
Veterans Affairs)'' after ``competitive service''.
SEC. 906. MODIFICATION OF AUTHORITY OF THE SECRETARY OF VETERANS
AFFAIRS RELATING TO HOURS, CONDITIONS OF
EMPLOYMENT, AND PAY FOR CERTAIN EMPLOYEES
OF VETERANS HEALTH ADMINISTRATION.
(a) Expansion of Eligibility of Employees for Certain Awards.--
Section 7404(c) is amended--
(1) by striking ``Notwithstanding'' and inserting ``(1)
Notwithstanding'';
(2) by inserting ``or 7401(4)'' after ``section 7306'';
(3) by striking ``who is not eligible for pay under
subchapter III'' and inserting ``or in a covered executive
position under section 7401(1) of this title'';
(4) by striking ``sections 4507 and 5384'' and inserting
``section 4507''; and
(5) by adding at the end the following new paragraph:
``(2) <<NOTE: Definition.>> In this subsection, the term `covered
executive position' means a position that the Secretary has determined
is of equivalent rank to a Senior Executive Service position (as such
term is defined in section 3132(a) of title 5) and is subject to an
agency performance management system.''.
[[Page 136 STAT. 1812]]
(b) Authority for Awards Programs of Department of Veterans
Affairs.--
(1) In general.--Subchapter I of chapter 74 <<NOTE: 38 USC
7401 prec.>> is amended by inserting after section 7404 the
following new section:
``Sec. 7404A. <<NOTE: 38 USC 7404A.>> Awards
``(a) Superior Accomplishments and Performance Awards Program.--The
Secretary may establish an awards program for personnel listed in
section 7421(b) of this title consistent with chapter 45 of title 5, to
the extent practicable.
``(b) Executive Performance Awards Program.--Notwithstanding section
7425 of this title or any other provision of law, the Secretary may
establish a performance awards program consistent with section 5384 of
title 5 for--
``(1) <<NOTE: Determination.>> personnel appointed under
section 7401(1) of this title for a position that the Secretary
has determined is of equivalent rank to a Senior Executive
Service position (as such term is defined in section 3132(a) of
title 5) and is subject to an agency performance management
system; and
``(2) personnel appointed under section 7306 or 7401(4) of
this title.
``(c) <<NOTE: Criteria.>> Payment of Awards.--Awards under this
section may be paid based on criteria established by the Secretary and
shall not be considered in calculating the limitation under section
7431(e)(4) of this title.
``(d) Not Considered Basic Pay.--Awards under this section shall not
be considered basic pay for any purpose.
``(e) Regulations.--The Secretary may prescribe regulations for the
administration of this section.''.
(2) <<NOTE: Time period. Determination. 38 USC 7404A
note.>> Limitation on past awards.--Notwithstanding any other
provision of law, awards made by the Secretary of Veterans
Affairs for any period on or after January 1, 2017, and before
the date of the enactment of this Act for an employee under
section 7306 or 7401(4) of title 38, United States Code, or for
a position described in section 7401(1) of such title that the
Secretary has determined is of equivalent rank to a Senior
Executive Service position (as such term is defined in section
3132(a) of title 5, United States Code), may be subject to
section 7404A of title 38, United States Code, as added by
paragraph (1).
(c) Modification of Employees Subject to Regulation by Secretary of
Veterans Affairs of Hours and Conditions of Employment and Leaves of
Absence.--
(1) In general.--Section 7421 <<NOTE: 38 USC 7421.>> is
amended--
(A) in subsection (a), by striking ``chapter'' and
inserting ``title''; and
(B) in subsection (b), by adding at the end the
following new paragraph:
``(9) Any position for which the employee is appointed under
section 7306 or 7401(4) of this title.''.
(2) Administration of full-time employees.--Section 7423 is
amended--
(A) in subsection (a)(2), by adding at the end the
following new subparagraph:
``(D) <<NOTE: Determination.>> The Secretary may exclude from the
requirements of paragraph (1) employees hired under section 7306 or
7401(4) of this title or for a position described in section 7401(1) of
this title
[[Page 136 STAT. 1813]]
that the Secretary has determined is of equivalent rank to a Senior
Executive Service position (as such term is defined in section 3132(a)
of title 5).''; and
(B) in subsection (e)(1), by striking ``7401(1)''
and inserting ``7421(b)''.
(3) Additional pay authorities.--Section 7410(a) <<NOTE: 38
USC 7410.>> is amended--
(A) by striking ``The Secretary'' and inserting
``(1) The Secretary'';
(B) by striking ``the personnel described in
paragraph (1) of section 7401 of this title'' and
inserting ``personnel appointed under section 7306 of
this title or section 7401(4) of this title, or
personnel described in section 7401(1) of this title,'';
and
(C) by striking ``in the same manner, and subject to
the same limitations, as in the case of'' and inserting
``in a manner consistent with''; and
(D) by adding at the end the following new
paragraph:
``(2) Payments under paragraph (1) shall not be considered in
calculating the limitation under section 7431(e)(4) of this title.''.
(4) <<NOTE: Time period. Determination. 38 USC 7410 note.>>
Treatment of pay authority changes.--For the purposes of the
amendments made by paragraph (3), the Secretary of Veterans
Affairs shall treat any award or payment made by the Secretary
between January 1, 2017, and the date of the enactment of this
Act to employees appointed under sections 7306, 7401(1), and
7401(4) of title 38, United States Code, that the Secretary has
determined are of equivalent rank to a Senior Executive Service
position (as such term is defined in section 3132(a) of title 5,
United States Code), as if such amendments had been in effect at
the time of such award or payment.
(5) <<NOTE: Time period. 38 USC 7421 note.>> Treatment of
prior leave balances.--Notwithstanding any other provision of
law, the Secretary may adjust the leave balance and carryover
leave balance of any employee described in section 7421(b)(9) of
title 38, United States Code, as amended by paragraph (1)(B), to
ensure any leave accrued or carried over before the date of the
enactment of this Act remains available to such employee.
(d) Treatment of Certain Employees as Appointed Under Section
7306.--Section 7306 is amended--
(1) in subsection (a), by redesignating the second paragraph
(11) as paragraph (12); and
(2) by adding at the end the following new subsection:
``(g) For purposes of applying any provision of chapter 74 of this
title, including sections 7404, 7410, and 7421, or any other provision
of law, the Secretary may treat any appointment for a position under
this chapter to be an appointment under this section.''.
(e) Conforming Amendment.--Section 7431(e)(4) is amended by striking
``In no case'' and inserting ``Except as provided in sections 7404A(c)
and 7410(a)(2) of this title, in no case''.
SEC. 907. WAIVER OF PAY LIMITATION FOR CERTAIN EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
Subchapter I of chapter 7 <<NOTE: 38 USC 701 prec.>> is amended by
inserting after section 703 the following new section:
[[Page 136 STAT. 1814]]
``Sec. 704. <<NOTE: 38 USC 704.>> Waiver of pay limitation for
certain employees
``(a) Employees of Veterans Health Administration Impacted by
Closure or Realignment.--Notwithstanding any other provision of law, the
Secretary may waive any annual premium or aggregate limitation on pay
for an employee of the Veterans Health Administration for the calendar
year during which--
``(1) the official duty station of the employee is closed;
or
``(2) the office, facility, activity, or organization of the
employee is realigned.
``(b) Employees Providing Care to Veterans Exposed to Open Burn
Pits.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may waive any annual premium or aggregate
limitation on pay for an employee of the Department whose
primary duties include providing expanded care for veterans
exposed to open burn pits.
``(2) Open burn pit defined.--In this subsection, the term
`open burn pit' has the meaning given that term in section
201(c) of the Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
``(c) Coordination With Office of Personnel Management.--In
implementing this section, the Secretary shall coordinate with the
Director of the Office of Personnel Management.
``(d) Reports.--
``(1) <<NOTE: Time period.>> In general.--For each quarter
that the Secretary waives a limitation under this section, the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate, the Committee on Veterans' Affairs of the House of
Representatives, and the Office of Personnel Management a report
on the waiver or waivers.
``(2) Contents.--Each report submitted under paragraph (1)
with respect to a waiver or waivers shall include the following:
``(A) Where the waiver or waivers were used,
including in which component of the Department and, as
the case may be, which medical center of the Department.
``(B) For how many employees the waiver or waivers
were used, disaggregated by component of the Department
and, if applicable, medical center of the Department.
``(C) The average amount by which each payment
exceeded the pay limitation that was waived,
disaggregated by component of the Department and, if
applicable, medical center of the Department.
``(e) Employee Defined.--In this section, the term `employee' means
any employee regardless of the authority under which the employee was
hired.
``(f) Termination.--This section shall terminate on September 30,
2027.''.
SEC. 908. ELIMINATION OF LIMITATION ON AWARDS AND BONUS FOR
EMPLOYEES OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Section 705(a) of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is
amended by striking paragraph (3).
[[Page 136 STAT. 1815]]
(b) <<NOTE: 38 USC 703 note.>> Applicability.--Subsection (a) shall
take effect on the date of the enactment of this Act and apply as if
such subsection had been enacted on September 30, 2021.
SEC. 909. ADDITIONAL AUTHORITY OF THE SECRETARY OF VETERANS
AFFAIRS RELATING TO RECRUITMENT AND
RETENTION OF PERSONNEL.
Subchapter I of chapter 7 <<NOTE: 38 USC 701 prec.>> is amended by
inserting after section 705 the following new section:
``Sec. 706. <<NOTE: 38 USC 706.>> Additional authority relating
to recruitment and retention of personnel
``(a) Recruitment and Relocation Bonuses.--The Secretary may pay a
recruitment or relocation bonus under section 5753(e) of title 5 without
regard to any requirements for certification or approval under that
section.
``(b) Retention Bonuses.--(1) The Secretary may pay a retention
bonus under section 5754(f) of title 5 without regard to any requirement
for certification or approval under that subsection.
``(2) The Secretary may pay a retention bonus as specified in
subsection (e)(2) of section 5754 of title 5 and may pay the bonus as a
single lump-sum payment at the beginning of the full period of service
required by an agreement under subsection (d) of such section.
``(c) Merit Awards.--The Secretary may grant a cash award under
section 4502(b) of title 5 without regard to any requirement for
certification or approval under that section.
``(d) <<NOTE: Determination.>> Incentives for Critical Skills.--(1)
Subject to the provisions of this paragraph, the Secretary may provide a
critical skill incentive to an employee in a case in which the Secretary
determines--
``(A) the employee possesses a high-demand skill or skill
that is at a shortage;
``(B) such skill is directly related to the duties and
responsibilities of the employee's position; and
``(C) employment of an individual with such skill in such
position serves a critical mission-related need of the
Department.
``(2) An incentive provided to an employee under paragraph (1) may
not to exceed 25 percent of the basic pay of the employee.
``(3) <<NOTE: Contracts.>> Provision of an incentive under
paragraph (1) shall be contingent on the employee entering into a
written agreement to complete a period of employment with the
Department.
``(4) An incentive provided under paragraph (1) shall not be
considered basic pay for any purpose.
``(5) The Secretary may prescribe conditions, including with respect
to eligibility, and limitations on provision of incentive under
paragraph (1).
``(6) Incentive provided under paragraph (1) shall not be included
in the calculation of total amount of compensation under section
7431(e)(4) of this title.
``(e) Student Loan Repayments.--(1) Subject to the provisions of
this subsection, the Secretary may repay a student loan pursuant to
section 5379(b) of title 5.
``(2) Paragraph (2) of such section shall not apply to payment under
this subsection.
[[Page 136 STAT. 1816]]
``(3) Payment under this subsection shall be made subject to such
terms, limitations, or conditions as may be mutually agreed to by the
Secretary and the employee concerned, except that the amount paid by the
Secretary under this subsection may not exceed--
``(A) $40,000 for any employee in any calendar year; or
``(B) a total of $100,000 in the case of any employee.
``(f) Expedited Hiring Authority for College Graduates; Competitive
Service.--(1) Subject to paragraph (2) of this subsection, the Secretary
may expedite hiring for college graduates under section 3115 of title 5
without regard to subsection (e) of such section or any regulations
prescribed by the Office of Personnel Management for administration of
such subsection.
``(2) The number of employees the Secretary may appoint under
section 3115 of title 5 may not exceed the number equal to 25 percent of
individuals that the Secretary appointed during the previous fiscal year
to a position in the competitive service classified in a professional or
administrative occupational category, at the GS-11 level, or an
equivalent level, or below, under a competitive examining procedure.
``(g) Expedited Hiring Authority for Post-secondary Students;
Competitive Service.--(1) Subject to paragraph (2) of this subsection,
the Secretary may expedite hiring of post-secondary students under
section 3116 of title 5, without regard to subsection (d) of such
section or any regulations prescribed by the Office of Personnel
Management for administration of such subsection.
``(2) The number of employees the Secretary may appoint under
section 3116 of title 5 may not exceed the number equal to 25 percent of
the number of students that the Secretary appointed during the previous
fiscal year to a position at the GS-11 level, or an equivalent level, or
below.
``(h) Pay Authority for Critical Positions.--(1) Subject to the
provisions of this subsection, the Secretary may authorize the fixing of
the rate of pay for a critical position in the Department consistent
with the authorities and requirements of section 5377 of title 5 that
apply to the Office of Personnel Management.
``(2) The Secretary may fix the rate of pay for a critical position
under this subsection in excess of the limitation set forth by section
5377(d)(2) of such title.
``(3) <<NOTE: President.>> Basic pay may not be fixed under this
subsection at a rate greater than the rate payable for the Vice
President of the United States established under section 104 of title 3,
except upon written approval of the President.
``(4) Notwithstanding section 5377(f) of title 5, the Secretary may
authorize the exercise of authority under this subsection with respect
to up to 200 positions at any time.
``(i) <<NOTE: Applicability.>> Rates of Special Pay.--(1) The
Secretary may establish a rate for special pay under section 5305(a)(1)
of title 5.
``(2) In applying such section to the Secretary's authority under
paragraph (1)--
``(A) `50 percent' shall be substituted for `30 percent';
and
``(B) `level II of the Executive Schedule' shall be
substituted for `level IV of the Executive Schedule'.
[[Page 136 STAT. 1817]]
``(j) Waiver of Limitations on Certain Payments Under Pay
Comparability System.--The Secretary may waive the limitation in section
5307 of title 5 for an employee or a payment.
``(k) Termination.--The authorities under this section shall
terminate on September 30, 2027.''.
Approved August 10, 2022.
LEGISLATIVE HISTORY--S. 3373:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 168 (2022):
Feb. 17, considered and passed Senate.
July 13, considered and passed House, amended.
July 21, 25-27, Aug. 2, Senate considered and concurred in
House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
Aug. 10, Presidential remarks.
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