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[Congressional Bills 117th Congress] | |
[From the U.S. Government Publishing Office] | |
[S. 3373 Engrossed Amendment House (EAH)] | |
In the House of Representatives, U. S., | |
July 13, 2022. | |
Resolved, That the bill from the Senate (S. 3373) entitled ``An Act | |
to improve the Iraq and Afghanistan Service Grant and the Children of | |
Fallen Heroes Grant.'', do pass with the following | |
AMENDMENT: | |
Strike out all after the enacting clause and insert: | |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE; | |
TABLE OF CONTENTS. | |
(a) 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) 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. | |
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. | |
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--EXPANSION OF HEALTH CARE ELIGIBILITY | |
Subtitle A--Toxic-exposed Veterans | |
SEC. 101. 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) 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.''. | |
(c) Definition of Toxic Exposure Risk Activity.--Section 1710(e)(4) | |
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) 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) 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: | |
``(6)(A) 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) 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) publish such modified date in the Federal | |
Register.''. | |
(b) 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. ASSESSMENTS OF IMPLEMENTATION AND OPERATION. | |
(a) 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 | |
(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) 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) 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 | |
(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) 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: | |
``(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) 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) 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) Effective Date.--This section and the amendments made by this | |
section shall take effect on October 1, 2022. | |
TITLE II--TOXIC EXPOSURE PRESUMPTION PROCESS | |
SEC. 201. 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 is amended | |
by adding at the end the following new subchapter: | |
``SUBCHAPTER VII--DETERMINATIONS RELATING TO PRESUMPTIONS OF SERVICE | |
CONNECTION BASED ON TOXIC EXPOSURE | |
``Sec. 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) public notice regarding what formal | |
evaluations the Secretary plans to conduct; and | |
``(ii) the public an opportunity to comment | |
on the proposed formal evaluations; | |
``(B) 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) 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) 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). | |
``Sec. 1172. Annual notice and opportunity for public comment | |
``(a) 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) 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) 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) 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. | |
``(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) 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) 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) 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) 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. 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; | |
``(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) 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) 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.--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. Regulations regarding presumptions of service connection | |
based on toxic exposure | |
``(a) 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-- | |
``(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) 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. 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) 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) 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. Agreement with National Academies of Sciences, | |
Engineering, and Medicine concerning toxic exposures | |
``(a) 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) 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) 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) An agreement under this section may be extended in five-year | |
increments. | |
``(c) 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. | |
``(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) The determinations described in subsection (d). | |
``(ii) A full explanation of the scientific evidence and | |
reasoning that led to such determinations. | |
``(iii) Any recommendations of the Academies under | |
subsection (f). | |
``(2) 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.-- | |
(1) Report.-- | |
(A) 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) 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) 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) 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) 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 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) Conforming Amendments.--Chapter 11 is amended-- | |
(1) in section 1116-- | |
(A) by striking subsections (b), (c), (d), and (e); | |
(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 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 is amended by adding | |
at the end the following new section: | |
``Sec. 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; | |
``(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) The Secretary shall publish on the internet website | |
of the Department a notice that such veterans may elect to file | |
a supplemental claim. | |
``(B) 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) 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) 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 is amended by adding at | |
the end the following new section: | |
``Sec. 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; | |
``(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) 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) 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) 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) 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--IMPROVING THE ESTABLISHMENT OF SERVICE CONNECTION PROCESS | |
FOR TOXIC-EXPOSED VETERANS | |
SEC. 301. 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 amended by adding at the end the | |
following new section: | |
``Sec. 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 | |
``(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) The Secretary shall-- | |
``(A) 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) 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) 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) 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; | |
``(vii) Yemen; | |
``(viii) Uzbekistan; or | |
``(ix) 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. 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) 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.''. | |
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. | |
(a) 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) is amended by adding at | |
the end the following new clause: | |
``(v) Cleanup of Enewetak Atoll during the period | |
beginning on January 1, 1977, and ending on December | |
31, 1980.''. | |
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. | |
(a) Short Title.--This section may be cited as the ``Palomares or | |
Thule Veterans Act of 2022''. | |
(b) 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. PRESUMPTIONS OF SERVICE CONNECTION FOR DISEASES ASSOCIATED | |
WITH EXPOSURES TO CERTAIN HERBICIDE AGENTS FOR VETERANS | |
WHO SERVED IN CERTAIN LOCATIONS. | |
(a) Short Title.--This section may be cited as the ``Veterans Agent | |
Orange Exposure Equity Act of 2022''. | |
(b) 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'' each | |
place it appears and inserting ``performed covered service''; | |
and | |
(3) by adding at the end the following new subsection: | |
``(d) 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), is further amended by | |
striking subparagraph (A) and inserting the following new subparagraph: | |
``(A) 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 is amended | |
by striking ``the Republic of Vietnam'' and inserting ``certain | |
locations''. | |
(e) 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) 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). | |
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. | |
(a) 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 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) 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) 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) 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) 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, 2026, for everyone not | |
described in subparagraph (A). | |
(B) 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 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) 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. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN DISEASES | |
ASSOCIATED WITH EXPOSURE TO BURN PITS AND OTHER TOXINS. | |
(a) Short Title.--This section may be cited as the ``Presumptive | |
Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of | |
2022''. | |
(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. 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) 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 is amended by striking ``or | |
1118'' each place it appears and inserting ``1118, or 1120''. | |
(d) 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) 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. 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) 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. | |
(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) 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. ANALYSIS AND REPORT ON TREATMENT OF VETERANS FOR MEDICAL | |
CONDITIONS RELATED TO TOXIC EXPOSURE. | |
(a) 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 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) 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) 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; | |
(D) Jordan; | |
(E) Lebanon; | |
(F) Syria; or | |
(G) Yemen. | |
SEC. 504. 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) 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) 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) resided at or near, as determined by the Secretary, the | |
locations described in subsection (b). | |
(b) 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) Any other location that is proximate to covered waste, | |
as determined by the Secretary. | |
(c) 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) 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 and present civilian populations residing at the same | |
location of exposure, as determined by the Secretary. | |
(d) 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) 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 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) 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 availability of the full- and | |
part-time staff of each office to the veterans they are | |
charged with serving; | |
(H) 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) 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) 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) 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) 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. DEPARTMENT OF VETERANS AFFAIRS PUBLIC WEBSITE FOR TOXIC | |
EXPOSURE RESEARCH. | |
(a) 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: | |
(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) 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) 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--IMPROVEMENT OF RESOURCES AND TRAINING REGARDING TOXIC-EXPOSED | |
VETERANS | |
SEC. 601. 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. 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) 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-- | |
(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. INCORPORATION OF TOXIC EXPOSURE SCREENING FOR VETERANS. | |
(a) 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) 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. | |
SEC. 604. 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) 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) 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. 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 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) 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) 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) 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. | |
(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. | |
(b) Treatment of 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 | |
(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) An estimate of the cost to the Federal Government of | |
the facility to be leased. | |
``(C) 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) 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) 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) 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: | |
``(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) 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) 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) 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) 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; | |
``(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 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) 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) 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' | |
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 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. BIENNIAL BRIEFING ON INDIVIDUAL LONGITUDINAL EXPOSURE RECORD. | |
(a) 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) 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, and health monitoring, and recommendations for | |
how to improve those systems. | |
(2) 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. CORRECTION OF EXPOSURE RECORDS BY MEMBERS OF THE ARMED FORCES | |
AND VETERANS. | |
(a) 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. 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) 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.-- | |
(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) 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) 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 | |
(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 is amended by adding at the end the | |
following new section: | |
``Sec. 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) 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) 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.). | |
``(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) 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) 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. 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 and inserting the following: | |
``Sec. 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. | |
``(2) The term `notice' means a communication issued | |
through means (including electronic means) prescribed by the | |
Secretary.''. | |
(2) In section 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) The Secretary shall annually-- | |
``(1) solicit recommendations from stakeholders on how to | |
improve notice under this section; and | |
``(2) 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) in the heading, by adding ``; decisions; | |
notice'' at the end; and | |
(B) 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) 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. 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. | |
(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) A comprehensive list of the top 10 conditions | |
from each body system for which the Secretary awarded | |
service connection for covered veterans. | |
(D) Any updates or trends with respect to the | |
information described in subparagraphs (A), (B), and | |
(C), that the Secretary determines appropriate. | |
(2) 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). | |
TITLE IX--IMPROVEMENT OF WORKFORCE OF DEPARTMENT OF VETERANS AFFAIRS | |
SEC. 901. NATIONAL RURAL RECRUITMENT AND HIRING PLAN FOR VETERANS | |
HEALTH ADMINISTRATION. | |
(a) 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) 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) 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) the plan developed and implemented under subsection | |
(a); and | |
(2) 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. 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 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) 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. | |
(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. QUALIFICATIONS FOR HUMAN RESOURCES POSITIONS WITHIN | |
DEPARTMENT OF VETERANS AFFAIRS AND PLAN TO RECRUIT AND | |
RETAIN HUMAN RESOURCES EMPLOYEES. | |
(a) Establishment of Qualifications.--Not later than 180 days after | |
the date of the enactment of this Act, the Secretary of Veterans | |
Affairs shall-- | |
(1) 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) 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) 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) 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.--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 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) 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) 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.''. | |
(b) Authority for Awards Programs of Department of Veterans | |
Affairs.-- | |
(1) In general.--Subchapter I of chapter 74 is amended by | |
inserting after section 7404 the following new section: | |
``Sec. 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) 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) 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) 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 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) 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 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) 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) 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) 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 is amended by inserting after section 703 | |
the following new section: | |
``Sec. 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) 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). | |
(b) 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 is amended by inserting after section 705 | |
the following new section: | |
``Sec. 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) 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) 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. | |
``(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) 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) 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'. | |
``(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.''. | |
Attest: | |
Clerk. | |
117th CONGRESS | |
2d Session | |
S. 3373 |
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