PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT.

1759

Public Law 117–168

117th Congress
An Act
To improve the Iraq and Afghanistan Service Grant and the Children of Fallen Aug. 10, 2022
Heroes Grant. [S. 3373]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, Sergeant First
Class Heath
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES Robinson
CODE; TABLE OF CONTENTS. Honoring our
Promise to
(a) SHORT TITLE.—This Act may be cited as the ‘‘Sergeant Address
First Class Heath Robinson Honoring our Promise to Address Com- Comprehensive
prehensive Toxics Act of 2022’’ or the ‘‘Honoring our PACT Act Toxics Act
of 2022.
of 2022’’. 38 USC 101 note.
(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 38 USC 101 note
otherwise expressly provided, when an amendment made by prec.,
301 prec., 701
this Act to title 38, United States Code, adds a section or prec.,
larger organizational unit to that title or amends the designa- 1101 prec., 1301
tion or heading of a section or larger organizational unit in prec.,
that title, that amendment also shall have the effect of 5100 prec., 7101
prec.,
amending any table of sections in that title to alter the table 7401 prec., 8101
to conform to the changes made by the amendment. prec.
(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
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Sec. 201. Short title.

Sec. 202. Improvements to ability of Department of Veterans Affairs to establish
presumptions of service connection based on toxic exposure.

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 136 STAT. 1760 PUBLIC LAW 117–168—AUG. 10, 2022
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 in-
volving 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 con-
nection 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 herbi-
cide 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 ex-
posure 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 re-
lated 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 re-
search.
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 out-
reach 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 en-
tities 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
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Affairs.
Sec. 706. Authority for joint leasing actions of Department of Defense and Depart-
ment of Veterans Affairs.

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1761
Sec. 707. Appropriation of amounts for major medical facility leases.
TITLE VIII—RECORDS AND OTHER MATTERS
Sec. 801. Epidemiological study on Fort McClellan veterans.
Sec. 802. Biennial briefing on Individual Longitudinal Exposure Record.
Sec. 803. Correction of exposure records by members of the Armed Forces and vet-
erans.
Sec. 804. Federal cause of action relating to water at Camp Lejeune, North Caro-
lina.
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 Adminis-
tration.
Sec. 902. Authority to buy out service contracts for certain health care professionals
in exchange for employment at rural or highly rural facilities of Depart-
ment of Veterans Affairs.
Sec. 903. Qualifications for human resources positions within Department of Vet-
erans Affairs and plan to recruit and retain human resources employees.
Sec. 904. Modification of pay cap for certain employees of Veterans Health Admin-
istration.
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 Vet-
erans 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 Depart-
ment of Veterans Affairs.
Sec. 909. Additional authority of the Secretary of Veterans Affairs relating to re-
cruitment and retention of personnel.

TITLE I—EXPANSION OF HEALTH CARE Conceding Our

Veterans’
ELIGIBILITY Exposure Now
and
Necessitating
Subtitle A—Toxic-exposed Veterans Training Act of
2022.
SEC. 101. SHORT TITLE. 38 USC 101 note.
This title may be cited as the ‘‘Conceding Our Veterans’ Expo-
sure Now and Necessitating Training Act of 2022’’ or the ‘‘COV-
ENANT Act of 2022’’.
SEC. 102. DEFINITIONS RELATING TO TOXIC-EXPOSED VETERANS.
(a) IN GENERAL.—Section 1710(a)(2)(F) is amended by striking 38 USC 1710.
‘‘who was exposed to a toxic substance, radiation, or other condi-
tions, 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 VET-
ERAN.—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.
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‘‘(38) The term ‘toxic-exposed veteran’ means any veteran

described in section 1710(e)(1) of this title.’’.

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 136 STAT. 1762 PUBLIC LAW 117–168—AUG. 10, 2022

(c) DEFINITION OF TOXIC EXPOSURE RISK ACTIVITY.—Section

38 USC 1710. 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
Determination. ‘‘(ii) that the Secretary determines qualifies for pur-
poses 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 SUP-
PORTING CERTAIN OVERSEAS CONTINGENCY OPER-
ATIONS.
(a) IN GENERAL.—
(1) EXPANSION.—Subsection (e) of section 1710, as amended
by section 102(c), is further amended—
Deadlines. (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’’.
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(2) PHASE IN.—Such subsection is further amended by

adding at the end the following new paragraph:

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1763

‘‘(6)(A) The Secretary shall determine the dates in subpara- Determination.

graphs (G), (H), and (I) of paragraph (1) as follows: Time periods.
‘‘(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 Sep-
tember 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 subpara-
graph (A) to an earlier date, as the Secretary determines appro-
priate 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 Notification.
and the Committee on Veterans’ Affairs of the House of Rep-
resentatives of the proposed modification; and
‘‘(II) publish such modified date in the Federal Register.’’. Federal Register,
(b) OUTREACH PLANS.—With respect to each of clauses (i) publication.
Deadline.
through (v) of section 1710(e)(6)(A) of title 38, United States Code Notification.
(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. Deadlines.
38 USC 1710
(a) INITIAL RESOURCE ASSESSMENT AND REPORT.—Not later note.
than 180 days after the date of the enactment of this Act, the Determinations.
Secretary of Veterans Affairs shall—
(1) complete an assessment to determine—
(A) the personnel and material resources necessary
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to implement section 103 (including the amendments made

by such section); and

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 136 STAT. 1764 PUBLIC LAW 117–168—AUG. 10, 2022

(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 provi-
sion 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 fur-
nished 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 facili-
ties of the Department and whether the veteran had pre-
viously 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.
Time period. (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.
Costs. (C) With respect to the veterans specified in subpara-
graph (B), the cost of providing health care to such veterans
during the year covered by the report, shown in total
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and disaggregated by—

(i) the level of care; and

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1765

(ii) whether the care was provided through the

Veterans Community Care Program.
(D) With respect to the number of veterans described
in subparagraphs (G), (H), and (I) of section 1710(e)(1)
of title 38, United States Code (as added by section 103),
the following (shown in total and disaggregated by medical
facility of the Department, as applicable):
(i) The number of such veterans who, during the
year covered by the report, enrolled in the patient
enrollment system.
(ii) The number of such veterans who applied for,
but were denied, such enrollment.
(iii) The number of such veterans who were denied
hospital care or a medical service furnished by the
Secretary that was considered to be medically nec-
essary 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 Depart-
ment).
(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 amend-
ments 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 ‘‘Vet-
erans Community Care Program’’ means the program estab-
lished 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— 38 USC 1710.
(1) in subparagraph (A)—
(A) by striking ‘‘January 27, 2003’’ and inserting ‘‘Sep-
tember 11, 2001’’; and
(B) by striking ‘‘five-year period’’ and inserting ‘‘10-
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year period’’;
(2) by amending subparagraph (B) to read as follows:

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 136 STAT. 1766 PUBLIC LAW 117–168—AUG. 10, 2022

‘‘(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).
38 USC 1710. (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 Expedi-
tionary Medal, Campaign Specific Medal, or any other combat the-
ater award established by a Federal statute or an Executive order)’’.
Deadline. (c) OUTREACH PLAN.—Not later than December 1, 2022, the
Notification. 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.
38 USC 1710 (e) EFFECTIVE DATE.—This section and the amendments made
note. by this section shall take effect on October 1, 2022.

Toxic Exposure TITLE II—TOXIC EXPOSURE

in the American
Military Act of PRESUMPTION PROCESS
2022.
38 USC 101 note. 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.
38 USC 1101 (a) ADVISORY COMMITTEES, PANELS, AND BOARDS.—Chapter 11
prec. is amended by adding at the end the following new subchapter:
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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1767

‘‘SUBCHAPTER VII—DETERMINATIONS RELATING TO PRE- 38 USC 1171

SUMPTIONS OF SERVICE CONNECTION BASED ON TOXIC prec.
EXPOSURE

‘‘§ 1171. Procedures to determine presumptions of service 38 USC 1171.

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 evalua- Notice.
tions the Secretary plans to conduct; and
‘‘(ii) the public an opportunity to comment on the Public comment.
proposed formal evaluations;
‘‘(B) the working group established under subsection Recommenda-
(b) of such section provides— tions.
‘‘(i) advice to the Secretary on toxic-exposed vet-
erans and cases in which veterans who, during active
military, naval, air, or space service, may have experi-
enced 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 correc-
tions 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 Evaluations.
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 Regulations.
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 avail-
able occupational and environmental exposure information
to support the needs of the Department of Defense and
the Department of Veterans Affairs; or
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‘‘(C) any successor system to a database described in

subparagraph (B).

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 136 STAT. 1768 PUBLIC LAW 117–168—AUG. 10, 2022

38 USC 1172. ‘‘§ 1172. Annual notice and opportunity for public comment
Federal Register, ‘‘(a) NOTICE REQUIRED.—(1)(A) Not less frequently than once
publications. 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 evalua-
tion 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 subpara-
graph (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.
Evaluation. ‘‘(B) To help evaluate presumptions of service connection, the
Time period. 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 con-
siders appropriate.
‘‘(4) Failure to include a military environmental exposure or
adverse health effect in a Federal Register notice published pursu-
ant to subsection (a) shall not preclude the Secretary from initiating
a formal evaluation of such exposure or health effect.
Establishment. ‘‘(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.
Consultation. ‘‘(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
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and emerging toxic exposures that are not recognized under existing
presumptions of service connection.

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1769

‘‘(3) The Working Group may conduct an assessment under

paragraph (1) in response to a comment received under paragraph
(2) or (3) of subsection (a).
‘‘(4) The Working Group shall, in consultation with the Sec- Consultation.
retary of Defense, on a periodic basis, assess the Individual Longitu-
dinal Exposure Record to ensure the accuracy of data collected.
‘‘(d) DEVELOPMENT OF RECOMMENDATIONS.—(1) Following an Determination.
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 rec-
ommendation 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 evalua-
tion under section 1173 of this title to modify the periods and
locations.
‘‘(e) REPORTS BY THE WORKING GROUP.—Not less frequently Time period.
than once each year, the Working Group shall submit to the Sec- Public
retary, the Committee on Veterans’ Affairs of the Senate, and information.
Recommenda-
the Committee on Veterans’ Affairs of the House of Representatives, tions.
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 require-
ments of this section.
‘‘(f) RESPONSES BY SECRETARY.—In response to each report sub- Deadline.
mitted under subsection (e), the Secretary shall, not later than Evaluation.
30 days after receiving the report, initiate a formal evaluation
pursuant to section 1173 of this title.
‘‘§ 1173. Formal evaluation of recommendations Reviews.
Determinations.
‘‘(a) FORMAL EVALUATIONS.—The Secretary shall establish a 38 USC 1173.
process to conduct a formal evaluation with respect to each rec-
ommendation 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
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the health effects related to the case of toxic exposure

being evaluated;

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 136 STAT. 1770 PUBLIC LAW 117–168—AUG. 10, 2022

‘‘(B) the quantity and quality of the information avail-

able and reviewed;
‘‘(C) the feasibility of and period for generating relevant
information and evidence;
‘‘(D) whether such health effects are combat- or deploy-
ment-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 integ-
rity;
‘‘(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
Assessments. ‘‘(ii) assesses the toxic exposures and illnesses and deter-
mines whether the evidence supports a finding of a positive
association between the toxic exposure and the illness.
Data. ‘‘(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 suffi-
cient 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
Deadline. 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 Sec-
retary 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.
38 USC 1174. ‘‘§ 1174. Regulations regarding presumptions of service
connection based on toxic exposure
Deadline. ‘‘(a) ACTION UPON RECOMMENDATION.—Not later than 160 days
Determinations. 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
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Secretary, that the presumption, or modification, is warranted,

the Secretary shall—

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1771

‘‘(A) commence issuing regulations in accordance with

the provisions of subchapter II of chapter 5 of title 5
(commonly referred to as the Administrative Procedures
Act) setting forth the presumption or commence revising
regulations to carry out such modification; and
‘‘(B) include in such regulations any time frame during
which a health effect must become manifest; or
‘‘(2) if the Secretary determines, in the discretion of the Federal Register,
Secretary, that the presumption, or modification, is not war- publication.
Notice.
ranted, 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 presump-
tion 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 con-
sider 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 sub-
section (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 effec-
tive 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).
‘‘§ 1175. Authority to modify process; congressional oversight 38 USC 1175.
‘‘(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 Time period.
on which the Secretary submits the notice under subsection
(b) regarding the modification.
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‘‘(b) NOTICE.—If the Secretary proposes to modify the process

under which the working group established under subsection (b)

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 136 STAT. 1772 PUBLIC LAW 117–168—AUG. 10, 2022

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.
38 USC 1176. ‘‘§ 1176. Agreement with National Academies of Sciences,
Engineering, and Medicine concerning toxic expo-
sures
Reviews. ‘‘(a) PURPOSE.—The purpose of this section is to provide for
Evaluations. 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 dis-
eases and toxic exposures.
Time periods. ‘‘(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.
Deadline. ‘‘(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 Hon-
oring our Promise to Address Comprehensive Toxics Act of 2022.
Extension ‘‘(3) An agreement under this section may be extended in five-
authority. year increments.
Summary. ‘‘(c) REVIEW OF SCIENTIFIC EVIDENCE.—Under an agreement
Assessment. 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 mean-
ingful 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
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association based on categories furnished under section 1173

of this title.

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1773

‘‘(e) COOPERATION OF FEDERAL AGENCIES.—The head of each

relevant Federal agency, including the Secretary of Defense, shall
cooperate fully with the Academies in performing the services cov-
ered 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 sci-
entific uncertainty relating to toxic exposures.
‘‘(2) In making recommendations under paragraph (1), the Acad-
emies 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 Sec-
retary 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 Com-
mittee on Veterans’ Affairs of the House of Representatives an
initial report on the activities of the Academies under the agree-
ment.
‘‘(B) The report submitted under subparagraph (A) shall include
the following:
‘‘(i) The determinations described in subsection (d). Determinations.
‘‘(ii) A full explanation of the scientific evidence and rea-
soning that led to such determinations.
‘‘(iii) Any recommendations of the Academies under sub- Recommenda-
section (f). tions.
‘‘(2) Under an agreement between the Secretary and the Acad- Time period.
emies under this section, not less frequently than once every two Update.
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 Com-
mittee on Veterans’ Affairs of the House of Representatives an
updated report on the activities of the Academies under the agree-
ment.
‘‘(h) ALTERNATIVE CONTRACT SCIENTIFIC ORGANIZATION.—(1) If
the Secretary is unable within the time period prescribed in sub-
section (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
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the other organization.’’.

(b) REPORTS AND BRIEFINGS.—

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 136 STAT. 1774 PUBLIC LAW 117–168—AUG. 10, 2022

(1) REPORT.—
Recommenda- (A) IN GENERAL.—Not later than two years after the
tions. 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 implementa-
tion 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 represen-
tation of veterans under section 5902 of such title and
any other entity the Secretary determines appropriate.
Time periods. (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 implementa-
tion of subchapter VII of chapter 11 of such title, as added
by subsection (a).
(c) INDEPENDENT ASSESSMENT.—
Deadline. (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 implementa-
tion 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:
Determination. (i) An assessment of the Department’s implementa-
tion 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 con-
sistent, and
Recommenda- (iii) provide recommendations for improvements to
tions. 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
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the time period prescribed in paragraph (1) to enter into

an agreement with the Academies for the purposes of this

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1775

subsection on terms acceptable to the Secretary, the Sec-

retary shall seek to enter into an agreement for the pur-
poses 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 agree-
ment with another organization as described in subpara-
graph (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— Determinations.
(1) in section 1116— 38 USC 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 Assessments.
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 deter-
mines’’; 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 38 USC 1101
by adding at the end the following new section: prec.

‘‘§ 1167. Outreach pursuant to changes in presumptions of 38 USC 1167.

service connection
‘‘(a) IN GENERAL.—Whenever a law, including through a regula-
tion 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
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that—
‘‘(A) were submitted to the Secretary;

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 136 STAT. 1776 PUBLIC LAW 117–168—AUG. 10, 2022

‘‘(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 modi-
fication of a presumption of service connection described in sub-
section (a).
‘‘(2) Outreach under paragraph (1) shall include the following:
Web posting. ‘‘(A) The Secretary shall publish on the internet website
Notice. of the Department a notice that such veterans may elect to
file a supplemental claim.
Notification. ‘‘(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.’’.
38 USC 1167 (b) APPLICATION.—Section 1167 of title 38, United States Code,
note. 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.
38 USC 1167 (c) RULE OF CONSTRUCTION.—Nothing in this section shall be
note. 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 INDEM-
NITY COMPENSATION INVOLVING PRESUMPTIONS OF
SERVICE CONNECTION.
38 USC 1301 (a) IN GENERAL.—Subchapter I of chapter 13 is amended by
prec. adding at the end the following new section:
38 USC 1305. ‘‘§ 1305. Reevaluation of dependency and indemnity com-
pensation 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 com-
pensation 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
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‘‘(C) might have been evaluated differently had the

establishment or modification been applicable to the claim;

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1777

‘‘(2) allow for the reevaluation of such claims at the election

of the claimant; and
‘‘(3) notwithstanding section 5110 of this title, with respect
to claims approved pursuant to such reevaluation, provide com-
pensation 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 Web posting.
of the Department a notice that such claimants may elect Notice.
to have a claim so reevaluated.
‘‘(B) The Secretary shall notify, in writing or by electronic Notification.
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, 38 USC 1305
as added by subsection (a), shall apply with respect to presumptions note.
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 38 USC 1305
construed as modifying the obligations of the Department of Vet- note.
erans Affairs under Federal court decisions or settlements in effect
as of the date of the enactment of this Act.

TITLE III—IMPROVING THE ESTABLISH- Veterans Burn

Pits Exposure
MENT OF SERVICE CONNECTION Recognition Act
of 2022.
PROCESS FOR TOXIC-EXPOSED VET-
ERANS
SEC. 301. SHORT TITLE. 38 USC 101 note.
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 38 USC 1101
end the following new section: prec.

‘‘§ 1119. Presumptions of toxic exposure 38 USC 1119.

‘‘(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—
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‘‘(1) any record of the veteran in an exposure tracking

record system; and

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 136 STAT. 1778 PUBLIC LAW 117–168—AUG. 10, 2022

‘‘(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.
Determinations. ‘‘(2) The Secretary shall—
List. ‘‘(A) establish and maintain a list that contains an identi-
fication 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
Evaluation. ‘‘(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 expo-
sure 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.
Reports. ‘‘(3) Beginning not later than two years after the date of the
Time period. 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 Sec-
retary 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:
Effective dates. ‘‘(1) The term ‘covered veteran’ means any veteran who—
‘‘(A) on or after August 2, 1990, performed active mili-
tary, 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;
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‘‘(v) Lebanon;
‘‘(vi) Syria;

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1779

‘‘(vii) Yemen;
‘‘(viii) Uzbekistan; or
‘‘(ix) any other country determined relevant by Determination.
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:
‘‘§ 1168. Medical nexus examinations for toxic exposure risk 38 USC 1168.
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 Sec-
retary 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 con-
sider—
‘‘(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 con-
strued as requiring a health care provider to consider the syner-
gistic, 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 Determination.
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,
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the term ‘toxic exposure risk activity’ has the meaning given that
term in section 1710(e)(4) of this title.’’.

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 136 STAT. 1780 PUBLIC LAW 117–168—AUG. 10, 2022

TITLE IV—PRESUMPTIONS OF SERVICE

CONNECTION
Mark Takai SEC. 401. TREATMENT OF VETERANS WHO PARTICIPATED IN CLEANUP
Atomic Veterans OF ENEWETAK ATOLL AS RADIATION-EXPOSED VETERANS
Healthcare FOR PURPOSES OF PRESUMPTION OF SERVICE CONNEC-
Parity Act of
2022. TION OF CERTAIN DISABILITIES BY DEPARTMENT OF VET-
ERANS AFFAIRS.
38 USC 101 note. (a) SHORT TITLE.—This section may be cited as the ‘‘Mark
Takai Atomic Veterans Healthcare Parity Act of 2022’’.
38 USC 1112. (b) ENEWETAK ATOLL.—Section 1112(c)(3)(B) is amended by
adding at the end the following new clause:
Time period. ‘‘(v) Cleanup of Enewetak Atoll during the period begin-
ning on January 1, 1977, and ending on December 31,
1980.’’.
Palomares or SEC. 402. TREATMENT OF VETERANS WHO PARTICIPATED IN NUCLEAR
Thule Veterans RESPONSE NEAR PALOMARES, SPAIN, OR THULE, GREEN-
Act of 2022. LAND, AS RADIATION-EXPOSED VETERANS FOR PURPOSES
OF PRESUMPTION OF SERVICE CONNECTION OF CERTAIN
DISABILITIES BY DEPARTMENT OF VETERANS AFFAIRS.
38 USC 101 note. (a) SHORT TITLE.—This section may be cited as the ‘‘Palomares
or Thule Veterans Act of 2022’’.
Time periods. (b) PALOMARES OR THULE.—Section 1112(c)(3)(B), as amended
by section 401, is further amended by adding at the end the fol-
lowing new clauses:
‘‘(vi) Onsite participation in the response effort fol-
lowing 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 fol-
lowing 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.’’.
Veterans Agent SEC. 403. PRESUMPTIONS OF SERVICE CONNECTION FOR DISEASES
Orange Exposure ASSOCIATED WITH EXPOSURES TO CERTAIN HERBICIDE
Equity Act of AGENTS FOR VETERANS WHO SERVED IN CERTAIN LOCA-
2022.
TIONS.
38 USC 101 note. (a) SHORT TITLE.—This section may be cited as the ‘‘Veterans
Agent Orange Exposure Equity Act of 2022’’.
Time periods. (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
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space service in the Republic of Vietnam during the period

beginning on January 9, 1962, and ending on May 7, 1975’’

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1781

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 Definition.
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 Sep-
tember 30, 1977.’’.
(c) ELIGIBILITY FOR HOSPITAL CARE AND MEDICAL SERVICES.—
Section 1710(e)(4), as amended by section 102(c), is further amended 38 USC 1710.
by striking subparagraph (A) and inserting the following new
subparagraph:
‘‘(A) The term ‘Vietnam-era herbicide-exposed veteran’ Definition.
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 38 USC 1101
is amended by striking ‘‘the Republic of Vietnam’’ and inserting prec, 1116.
‘‘certain locations’’.
(e) EFFECTIVE DATE AND APPLICABILITY.—The amendments 38 USC 1116
made by this section shall take effect on the date of the enactment note.
of this Act and shall apply as follows:
(1) On the date of the enactment of this Act for claimants Determination.
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.
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(2) On October 1, 2022, for everyone not described in para-

graph (1).

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 136 STAT. 1782 PUBLIC LAW 117–168—AUG. 10, 2022
Fair Care for SEC. 404. ADDITION OF ADDITIONAL DISEASES ASSOCIATED WITH
Vietnam EXPOSURE TO CERTAIN HERBICIDE AGENTS FOR WHICH
Veterans Act of
2022. THERE IS A PRESUMPTION OF SERVICE CONNECTION FOR
VETERANS WHO SERVED IN CERTAIN LOCATIONS.
38 USC 101 note. (a) SHORT TITLE.—This section may be cited as the ‘‘Fair Care
for Vietnam Veterans Act of 2022’’.
(b) MONOCLONAL GAMMOPATHY OF UNDETERMINED SIGNIFI-
38 USC 1116. CANCE.—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 signifi-
cance.’’.
(c) HYPERTENSION.—Such section, as amended by subsection
(b), is further amended by adding at the end the following new
subparagraph:
‘‘(M) Hypertension.’’.
38 USC 1116 (d) EFFECTIVE DATES AND APPLICABILITY.—
note. (1) MONOCLONAL GAMMOPATHY OF UNDETERMINED SIGNIFI-
CANCE.—
(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:
Determination. (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).
Claims. (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 compensa-
tion under chapter 13 of such title described in subpara-
graph (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:
Determination. (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;
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(III) under extreme financial hardship;

(IV) more than 85 years old; or

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1783

(V) capable of demonstrating other sufficient

cause.
(ii) On October 1, 2026, for everyone not described
in subparagraph (A).
(B) RETROACTIVE APPLICATION.—Notwithstanding any Claims.
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 compensa-
tion under chapter 13 of such title described in subpara-
graph (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— 38 USC 1117.
’’ 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 QUESTION-
NAIRE.—Such section is further amended by inserting after sub-
section (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 suc-
cessor questionnaire, designed to identify Gulf War Illness, in addi-
tion to any other diagnostic actions the personnel determine appro-
priate.’’.
(d) EXPANSION OF DEFINITION OF PERSIAN GULF VETERAN.—
Subsection (f) of such section is amended by inserting ‘‘, Afghani-
stan, 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 nec-
essary 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 Reports.
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 DIS- Presumptive
EASES ASSOCIATED WITH EXPOSURE TO BURN PITS AND Benefits for War
Fighters Exposed
OTHER TOXINS.
to Burn Pits and
(a) SHORT TITLE.—This section may be cited as the ‘‘Presump- Other Toxins Act
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tive Benefits for War Fighters Exposed to Burn Pits and Other of 2022.
38 USC 101 note.
Toxins Act of 2022’’.

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 136 STAT. 1784 PUBLIC LAW 117–168—AUG. 10, 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:
38 USC 1120. ‘‘§ 1120. Presumption of service connection for certain dis-
eases 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 sub-
section 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.
Determination. ‘‘(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.’’.
38 USC 1113. (c) CONFORMING AMENDMENT.—Section 1113 is amended by
striking ‘‘or 1118’’ each place it appears and inserting ‘‘1118, or
1120’’.
38 USC 1120 (d) EFFECTIVE DATE AND APPLICABILITY.—The amendments
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note. made by this section shall take effect on the date of the enactment
of this Act and shall apply as follows:

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1785

(1) On the date of the enactment of this Act for claimants Determination.
for dependency and indemnity compensation under chapter 13
of title 38, United States Code, and veterans whom the Sec-
retary 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 para-
graph (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 para-
graph (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 para-
graph (1), with respect to subparagraphs (H) and (J) of section
1120(b)(2) of such title, as so added.
SEC. 407. RULE OF CONSTRUCTION. 38 USC 101 note.
(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 presump-
tion 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 Deadline.
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.
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(C) The Department of Health and Human Services.

(D) The Environmental Protection Agency.

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 136 STAT. 1786 PUBLIC LAW 117–168—AUG. 10, 2022

(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 fol-
lowing functions:
(1) Identify collaborative research activities and resources
available among entities represented by members of the
Working Group to conduct such collaborative research activities.
Time period. (2) Develop a five-year strategic plan for such entities to
Strategic plan. 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 activi-
ties 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 expo-
sures 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).
38 USC 527 note. SEC. 502. ANALYSIS AND REPORT ON TREATMENT OF VETERANS FOR
MEDICAL CONDITIONS RELATED TO TOXIC EXPOSURE.
Data. (a) IN GENERAL.—The Secretary of Veterans Affairs shall ana-
lyze, 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.
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(b) ANNUAL REPORT.—Not later than one year after the date
of the enactment of this Act, and annually thereafter, the Secretary

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1787

shall submit to the Committee on Veterans’ Affairs of the Senate

and the Committee on Veterans’ Affairs of the House of Representa-
tives 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 reason-
able.
(5) The views of the Secretary on the scientific validity
of drawing conclusions from the incidence of such medical condi-
tions, 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 Deadline.
of the enactment of this Act, the Secretary of Veterans Affairs, Coordination.
in coordination with the Secretary of Defense, shall conduct Update.
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 ‘‘cov- Effective dates.
ered 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;
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(B) Djibouti;
(C) Egypt;

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 136 STAT. 1788 PUBLIC LAW 117–168—AUG. 10, 2022

(D) Jordan;
(E) Lebanon;
(F) Syria; or
(G) Yemen.
Time period. SEC. 504. STUDY ON HEALTH TRENDS OF POST–9/11 VETERANS.
The Secretary of Veterans Affairs shall conduct an epidemiolog-
ical 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.
Determination. (a) IN GENERAL.—The Secretary of Veterans Affairs shall con-
duct 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.
Deadline. (a) STUDY.—Not later than 180 days after the date of the
Contracts. 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 connec-
tion with such service; or
Determination. (2) resided at or near, as determined by the Secretary,
the locations described in subsection (b).
State listing. (b) COVERED LOCATIONS.—The locations described in this sub-
section 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.
Determination. (4) Any other location that is proximate to covered waste,
as determined by the Secretary.
Assessments. (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.
Determination. (4) A comparison of the overall health condition of the
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veteran, including any illness of the veteran identified pursuant

to paragraph (3), with the overall health condition of past

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1789

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 Analysis.
enactment of this Act, the Secretary shall submit to the Committee Data.
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 OUT-
COMES.
(a) STUDY REQUIRED.—Not later than 180 days after the date Deadline.
of the enactment of this Act, the Secretary of Veterans Affairs Contracts.
shall enter into an agreement with the National Academies of Assessment.
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 psy-
chosis, 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
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on Veterans’ Affairs of the Senate and the Committee on Veterans’

Affairs of the House of Representatives a report containing the

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 136 STAT. 1790 PUBLIC LAW 117–168—AUG. 10, 2022

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 vet-
erans 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 Associ-
ated 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 avail-
ability 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, respec-
tively;
(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;
Analysis. (G) an analysis of the staffing and quality of the offices
of the Veterans Benefits Administration and Veterans
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Health Administration charged with serving veterans in

the Territories and Freely Associated States, including the

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1791

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 Analysis.
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 Analysis.
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 Analysis.
health care provided to veterans in the aftermath of major Time period.
disasters declared in each of the Territories and Freely
Associated States since September 4, 2017; and
(K) such recommendations as the Comptroller General Recommenda-
considers appropriate for improving access of veterans in tions.
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 acces-
sibility 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 Deadline.
enactment of this Act, the Comptroller General shall provide to Recommenda-
the Committee on Veterans’ Affairs of the Senate and the Com- tions.
mittee 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 Associ-
ated 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 38 USC 527 note.
TOXIC EXPOSURE RESEARCH.
(a) WEBSITE.—Not later than one year after the date of the Deadline.
enactment of this Act, the Secretary of Veterans Affairs shall estab-
lish, 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 Sec-
retary 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
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exposure research.
(c) DEFINITIONS.—In this section:

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 136 STAT. 1792 PUBLIC LAW 117–168—AUG. 10, 2022

(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.
Public (a) INITIAL REPORT.—Not later than one year after the date
information. 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 Representa-
tives, 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 individ-
uals 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 expo-
sure about which new research needs to be conducted.
Update. (c) FOLLOW-UP REPORT.—Not later than five years after the
date of the submittal of the report under subsection (a), the Sec-
retary shall submit to the committees referred to in such subsection
an update to such report.

Fairly Assessing TITLE VI—IMPROVEMENT OF RE-

Service-related
Toxic Exposure SOURCES AND TRAINING REGARDING
Residuals
Presumptions TOXIC-EXPOSED VETERANS
Act of 2022.
38 USC 1101 SEC. 601. SHORT TITLE; DEFINITIONS.
note prec.
(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.
38 USC 1101 SEC. 602. PUBLICATION OF LIST OF RESOURCES OF DEPARTMENT
note prec. OF VETERANS AFFAIRS FOR TOXIC-EXPOSED VETERANS
AND VETERANS WHO REPORT TOXIC EXPOSURES AND
OUTREACH PROGRAM FOR SUCH VETERANS AND CARE-
GIVERS AND SURVIVORS OF SUCH VETERANS.
(a) PUBLICATION OF LIST OF RESOURCES.—
Deadline. (1) IN GENERAL.—Not later than one year after the date
Time period. of the enactment of this Act, and annually thereafter, the
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Secretary of Veterans Affairs shall publish a list of resources

of the Department of Veterans Affairs for—

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1793

(A) toxic-exposed veterans and veterans who report

toxic exposure;
(B) families and caregivers of such veterans; and
(C) survivors of such veterans who are receiving death
benefits under the laws administered by the Secretary.
(2) UPDATE.—The Secretary shall periodically update the
list published under paragraph (1).
(b) OUTREACH.—The Secretary shall develop, with input from
the community, an informative outreach program for veterans on
illnesses that may be related to toxic exposures, including outreach
with respect to benefits and support programs.
SEC. 603. INCORPORATION OF TOXIC EXPOSURE SCREENING FOR VET- 38 USC 1101
ERANS. note prec.

(a) IN GENERAL.—Beginning not later than 90 days after the Deadline.

date of the enactment of this Act, the Secretary of Veterans Affairs Determination.
shall incorporate a screening to help determine potential toxic expo-
sures 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 enroll-
ment 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 Sec-
retary 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 com-
monly 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 Time period.
to the content of the screening required under subsection (a) not
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less frequently than biennially to ensure the screening contains

the most current information.

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 136 STAT. 1794 PUBLIC LAW 117–168—AUG. 10, 2022
38 USC 1101 SEC. 604. TRAINING FOR PERSONNEL OF THE DEPARTMENT OF VET-
note prec. ERANS 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 expo-
sures.
(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.
38 USC 324 note. (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 expan-
sion 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 ADMINIS-
TRATION INFORMATION TECHNOLOGY SYSTEMS.—
Deadline. (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 sys-
Time periods. tems 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 cov-
ered by the plan.
(B) A description of how the Secretary intends to incor-
porate 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.
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(iii) Automation should be carried out in a manner

that achieves greater consistency in the processing and

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1795

rating of claims by relying on patterns of similar evi-

dence 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 deter-
mination process should not be end-to-end or lack inter-
mediation.
(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 informa-
tion.
(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 moderniza-
tion of each information system or major component or
functionality of such system identified under subparagraph
(A).
(D) Cost estimates for the modernization of each Cost estimates.
information system identified under paragraph (A) for each
fiscal year covered by the plan and in total.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this sec- Definition.
tion, the term ‘‘appropriate congressional committees’’ means—
(A) the Committee on Veterans’ Affairs and the Sub-
committee 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 Sub-
committee 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 State listing.
out the following major medical facility leases in fiscal year 2023:
(1) Lease for an outpatient clinic in the vicinity of Allen-
town, 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 Balti-
more, Maryland, in an estimated amount of $43,041,000.
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(4) Lease for an outpatient clinic in the vicinity of Baton

Rouge, Louisiana, in an estimated amount of $29,550,000.

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 136 STAT. 1796 PUBLIC LAW 117–168—AUG. 10, 2022

(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 Beau-
mont, 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 Clarks-
ville, 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 Farm-
ington, 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 Jackson-
ville, 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 Law-
rence, 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 Nash-
ville, 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 Sara-
sota, Florida, in an estimated amount of $36,517,000.
(28) Lease for an outpatient clinic in the vicinity of Spring-
field, 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.
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(31) Lease for an outpatient clinic in the vicinity of Tri-

Cities, Washington, in an estimated amount of $36,136,000.

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1797

(b) TREATMENT OF AUTHORIZATIONS.—The authorization of Effective date.

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 Administra-
tion 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 subpara-
graphs (A) through (F), respectively;
(5) in the matter preceding subparagraph (A), as redesig-
nated by paragraph (4)—
(A) by striking ‘‘Whenever the President’’ and inserting
‘‘(1) Whenever the President’’;
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(B) by striking ‘‘the Congress’’ and inserting ‘‘Con-

gress’’; and

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 136 STAT. 1798 PUBLIC LAW 117–168—AUG. 10, 2022

(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 Con-
gress 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.
Cost estimate. ‘‘(B) An estimate of the cost to the Federal Government
of the facility to be leased.
Estimate. ‘‘(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 ele-
ments, and related matters.
Data. ‘‘(D) Current and projected workload and utilization data
Time periods. 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.
Analyses. ‘‘(E) A detailed analysis of how the lease is expected to
Compliance. 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 deter-
mining 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 nec-
essary 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 Con-
gress 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).
Definition. ‘‘(2) In this subsection, the term ‘interim leasing actions’ has
the meaning given that term by the Administrator of the General
Services Administration.’’.
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(e) PURCHASE OPTIONS.—Such section is further amended by

adding at the end the following new subsection:

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1799

‘‘(j) The Secretary may obligate and expend funds to exercise

a purchase option included in any major medical facility lease
(as defined in subsection (a)(3)(B)).’’.
(f) APPLICABILITY.—The amendments made by this section shall 38 USC 8104
apply with respect to any lease that has not been specifically note.
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 Determination.
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: Definitions.
‘‘(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 Determination.
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 prop-
erty 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
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that, on the leased property—

‘‘(i) provide supportive housing for veterans;

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 136 STAT. 1800 PUBLIC LAW 117–168—AUG. 10, 2022

‘‘(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.—
38 USC 8162. 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 Depart-
ment.’’.
38 USC 8101 (d) REPEAL OF SUNSET.—Section 8169 of such title is repealed.
prec. (e) APPROPRIATION.—In addition to amounts otherwise avail-
able, 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:
Transfer ‘‘(3) The Secretary of Veterans Affairs may transfer to the
authority. Department of Defense amounts appropriated to the ‘Medical Facili-
ties’ 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
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by the Secretary of Defense for the purpose of leasing space for

a shared medical facility may be credited to the ‘Medical Facilities’

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1801

account of the Department of Veterans Affairs and may be used

for such purpose.’’.
SEC. 707. APPROPRIATION OF AMOUNTS FOR MAJOR MEDICAL
FACILITY LEASES.
(a) FISCAL YEAR 2023.—In addition to amounts otherwise avail-
able, 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 Depart-
ment 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 avail-
able, 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 author-
ized 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 epidemiolog- Time period.
ical 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 EXPO- 10 USC 1071
SURE RECORD. note.
(a) IN GENERAL.—Not later than one year after the date on Deadline.
which the Individual Longitudinal Exposure Record achieves full Determination.
operational capability, as determined by the Secretary of Defense, Consultation.
and every two years thereafter, the Secretary of Defense, in con-
sultation 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 Indi-
vidual 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 Recommenda-
include, for the period covered by the report, the following: tions.
(1) An identification of potential exposures to occupational
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or environmental hazards captured by the current systems

of the Department of Defense for environmental, occupational,

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 136 STAT. 1802 PUBLIC LAW 117–168—AUG. 10, 2022

and health monitoring, and recommendations for how to

improve those systems.
Analysis. (2) An analysis of the quality and accuracy of the location
Determination. data used by the Department of Defense in determining poten-
tial exposures to occupational or environmental hazards by
members of the Armed Forces and veterans, and recommenda-
tions 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 Com-
mittee on Veterans’ Affairs of the Senate; and
(B) the Committee on Armed Services and the Com-
mittee 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.
38 USC 1171 SEC. 803. CORRECTION OF EXPOSURE RECORDS BY MEMBERS OF THE
note. ARMED FORCES AND VETERANS.
Coordination. (a) IN GENERAL.—The Secretary of Veterans Affairs shall coordi-
Update. nate with the Secretary of Defense to provide a means for veterans
to update their records as necessary to reflect exposures to occupa-
tional 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).
Camp Lejeune SEC. 804. FEDERAL CAUSE OF ACTION RELATING TO WATER AT CAMP
Justice Act of LEJEUNE, NORTH CAROLINA.
2022.
28 USC 2671 (a) SHORT TITLE.—This section may be cited as the ‘‘Camp
note prec. Lejeune Justice Act of 2022’’.
Time periods. (b) IN GENERAL.—An individual, including a veteran (as defined
in section 101 of title 38, United States Code), or the legal represent-
ative 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
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that was caused by exposure to the water at Camp Lejeune.

(c) BURDENS AND STANDARD OF PROOF.—

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1803

(1) IN GENERAL.—The burden of proof shall be on the

party filing the action to show one or more relationships
between the water at Camp Lejeune and the harm.
(2) STANDARDS.—To meet the burden of proof described
in paragraph (1), a party shall produce evidence showing that
the relationship between exposure to the water at Camp
Lejeune and the harm is—
(A) sufficient to conclude that a causal relationship
exists; or
(B) sufficient to conclude that a causal relationship
is at least as likely as not.
(d) EXCLUSIVE JURISDICTION AND VENUE.—The United States
District Court for the Eastern District of North Carolina shall
have exclusive jurisdiction over any action filed under subsection
(b), and shall be the exclusive venue for such an action. Nothing
in this subsection shall impair the right of any party to a trial
by jury.
(e) EXCLUSIVE REMEDY.—
(1) IN GENERAL.—An individual, or legal representative
of an individual, who brings an action under this section for
a harm described in subsection (b), including a latent disease,
may not thereafter bring a tort action against the United States
for such harm pursuant to any other law.
(2) HEALTH AND DISABILITY BENEFITS RELATING TO WATER
EXPOSURE.—Any award made to an individual, or legal rep-
resentative 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 Compliance.
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.— Claims.
(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—
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(A) the date that is two years after the date of enact-
ment of this Act; or

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 136 STAT. 1804 PUBLIC LAW 117–168—AUG. 10, 2022

(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.
38 USC 301 prec. (a) IN GENERAL.—Chapter 3 is amended by adding at the
end the following new section:
38 USC 324. ‘‘§ 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).
Time periods. ‘‘(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 environ-
mental 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.
Estimates. ‘‘(d) BUDGET SCOREKEEPING.—(1) Immediately upon enactment
Time periods. 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 Rep-
resentatives;
‘‘(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
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‘‘(D) for purposes of the Statutory Pay-As-You-Go Act of

2010 (2 U.S.C. 931 et seq.).

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1805

‘‘(2) No amount appropriated to the Fund in fiscal year 2023

or any subsequent fiscal year pursuant to this section shall be
counted as discretionary budget authority and outlays or as direct
spending for any estimate of an appropriation Act under the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 621 et seq.) and any other Act.
‘‘(3) Notwithstanding the Budget Scorekeeping Guidelines and
the accompanying list of programs and accounts set forth in the
joint explanatory statement of the committee of conference accom-
panying Conference Report 105–217, and for purposes of the Bal-
anced 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 com-
mittee of conference accompanying Conference Report 105–217.
‘‘(e) ESTIMATES FOR CONGRESSIONAL CONSIDERATION.—The Sec-
retary 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.
consultation with the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of Representa-
tives, 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 avail-
able, 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 Deadline.
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 Representa-
tives. Funds may not be obligated until such Committees issue Time period.
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: 38 USC 5100
prec., 5100.
‘‘§ 5100. Definitions 38 USC 5100.
‘‘In this chapter:
‘‘(1) The term ‘claimant’ means any individual applying
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for, or submitting a claim for, any benefit under the laws

administered by the Secretary.

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 136 STAT. 1806 PUBLIC LAW 117–168—AUG. 10, 2022

‘‘(2) The term ‘notice’ means a communication issued

through means (including electronic means) prescribed by the
Secretary.’’.
38 USC 5104. (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.
Time period. ‘‘(d) The Secretary shall annually—
Recommenda- ‘‘(1) solicit recommendations from stakeholders on how to
tions. improve notice under this section; and
Public ‘‘(2) publish such recommendations on a publicly available
information. website of the Department.’’.
Web posting.
(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—
38 USC 7101 (A) in the heading, by adding ‘‘; decisions; notice’’
prec., 7104. at the end; and
38 USC 7104. (B) by striking subsection (e) and inserting the fol-
lowing:
‘‘(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 Sec-
retary.’’.
(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’’.
38 USC 5100 (b) RULE OF CONSTRUCTION.—None of the amendments made
note. 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.
38 USC 527 note. 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
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congressional committees a report detailing the following:

(A) The total number of covered veterans.

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1807

(B) The total number of claimed issues for disability

compensation under chapter 11 of title 38, United States
Code, approved and the total number denied by the Sec-
retary 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 List.
each body system for which the Secretary awarded service
connection for covered veterans.
(D) Any updates or trends with respect to the informa- Updates.
tion described in subparagraphs (A), (B), and (C), that
the Secretary determines appropriate.
(2) COVERED VETERAN DEFINED.—In this subsection, the Time periods.
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 Sep-
tember 19, 2001, and who submits a claim for disability com-
pensation 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 Com-
mittee on Armed Services of the Senate; and
(B) The Committee on Veterans’ Affairs and the Com-
mittee 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).
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 136 STAT. 1808 PUBLIC LAW 117–168—AUG. 10, 2022

TITLE IX—IMPROVEMENT OF WORK-

FORCE OF DEPARTMENT OF VET-
ERANS AFFAIRS
38 USC 7401 SEC. 901. NATIONAL RURAL RECRUITMENT AND HIRING PLAN FOR
note. VETERANS HEALTH ADMINISTRATION.
Deadline. (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 out-
patient 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;
Determination. (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;
Time period. (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 Representa-
tives a report that includes—
Plan. (1) the plan developed and implemented under subsection
(a); and
Assessment. (2) an assessment of the outcomes related to recruitment
and retention of employees of the Veterans Health Administra-
tion 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.
38 USC 7401 SEC. 902. AUTHORITY TO BUY OUT SERVICE CONTRACTS FOR CERTAIN
note. 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
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out the non-Department service contract of such individual in

exchange for such individual agreeing to be employed at a rural

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1809

or highly rural facility of the Department for a period of obligated

service specified in subsection (c).
(b) PAYMENT OF AMOUNTS.—
(1) IN GENERAL.—Payment of any amounts for a buy out
of a service contract for a covered health care professional
under subsection (a) shall be made directly to the individual
or entity with respect to which the covered health care profes-
sional 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 Time period.
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 com-
plete 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 indi-
vidual; 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, employ-
ment 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 Rep-
resentatives 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 sub-
section (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
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(a) for each occupation or specialty in the previous fiscal

year.

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 136 STAT. 1810 PUBLIC LAW 117–168—AUG. 10, 2022

(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 ‘‘cov-
ered health care professional’’ means a physician, nurse anes-
thetist, 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.
38 USC 7401 SEC. 903. QUALIFICATIONS FOR HUMAN RESOURCES POSITIONS
note. WITHIN DEPARTMENT OF VETERANS AFFAIRS AND PLAN
TO RECRUIT AND RETAIN HUMAN RESOURCES
EMPLOYEES.
Deadline. (a) ESTABLISHMENT OF QUALIFICATIONS.—Not later than 180
days after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall—
Coordination. (1) establish qualifications for each human resources posi-
tion within the Department of Veterans Affairs in coordination
with the Office of Personnel Management;
(2) establish standardized performance metrics for each
such position; and
Reports. (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 para-
graphs (1) and (2).
Deadline. (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.
Assessments. (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 Com-
mittee on Veterans’ Affairs of the House of Representatives a report
containing—
(1) a description of the implementation of such qualifica-
tions 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
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Deadline. EMPLOYEES.—Not later than one year after the date of the enact-
ment of this Act, the Secretary of Veterans Affairs shall submit

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1811

to the Committee on Veterans’ Affairs of the Senate and the Com-

mittee 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— 38 USC 7455.
(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 appro-
priate.’’.
(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 VET-
ERANS 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) Not-
withstanding’’;
(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’ Definition.
means a position that the Secretary has determined is of equivalent
rank to a Senior Executive Service position (as such term is defined
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in section 3132(a) of title 5) and is subject to an agency performance

management system.’’.

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 136 STAT. 1812 PUBLIC LAW 117–168—AUG. 10, 2022

(b) AUTHORITY FOR AWARDS PROGRAMS OF DEPARTMENT OF

VETERANS AFFAIRS.—
38 USC 7401 (1) IN GENERAL.—Subchapter I of chapter 74 is amended
prec. by inserting after section 7404 the following new section:
38 USC 7404A. ‘‘§ 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.—Notwith-
standing section 7425 of this title or any other provision of law,
the Secretary may establish a performance awards program con-
sistent with section 5384 of title 5 for—
Determination. ‘‘(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.
Criteria. ‘‘(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.’’.
Time period. (2) LIMITATION ON PAST AWARDS.—Notwithstanding any
Determination. other provision of law, awards made by the Secretary of Vet-
38 USC 7404A erans Affairs for any period on or after January 1, 2017, and
note.
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.—
38 USC 7421. (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 fol-
lowing new subparagraph:
Determination. ‘‘(D) The Secretary may exclude from the requirements of para-
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graph (1) employees hired under section 7306 or 7401(4) of this

title or for a position described in section 7401(1) of this title

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1813

that the Secretary has determined is of equivalent rank to a Senior

Executive Service position (as such term is defined in section
3132(a) of title 5).’’; and
(B) in subsection (e)(1), by striking ‘‘7401(1)’’ and
inserting ‘‘7421(b)’’.
(3) ADDITIONAL PAY AUTHORITIES.—Section 7410(a) is 38 USC 7410.
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 pur- Time period.
poses of the amendments made by paragraph (3), the Secretary Determination.
38 USC 7410
of Veterans Affairs shall treat any award or payment made note.
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.—Notwith- Time period.
standing any other provision of law, the Secretary may adjust 38 USC 7421
note.
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 sec-
tions 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.
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Subchapter I of chapter 7 is amended by inserting after section 38 USC 701 prec.

703 the following new section:

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 136 STAT. 1814 PUBLIC LAW 117–168—AUG. 10, 2022

38 USC 704. ‘‘§ 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 pre-
mium or aggregate limitation on pay for an employee of the Vet-
erans 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 MANAGE-
MENT.—In implementing this section, the Secretary shall coordinate
with the Director of the Office of Personnel Management.
‘‘(d) REPORTS.—
Time period. ‘‘(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 Representa-
tives, 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 fol-
lowing:
‘‘(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,
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and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C.

703 note) is amended by striking paragraph (3).

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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1815

(b) APPLICABILITY.—Subsection (a) shall take effect on the date 38 USC 703 note.
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 38 USC 701 prec.
705 the following new section:
‘‘§ 706. Additional authority relating to recruitment and 38 USC 706.
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 reten-
tion 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 provi- Determination.
sions of this paragraph, the Secretary may provide a critical skill
incentive to an employee in a case in which the Secretary deter-
mines—
‘‘(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 respon-
sibilities 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 Depart-
ment.
‘‘(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 Contracts.
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.
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‘‘(2) Paragraph (2) of such section shall not apply to payment

under this subsection.

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 136 STAT. 1816 PUBLIC LAW 117–168—AUG. 10, 2022

‘‘(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 sub-
section, 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 STU-
DENTS; 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.
President. ‘‘(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.
Applicability. ‘‘(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’.
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 PUBLIC LAW 117–168—AUG. 10, 2022 136 STAT. 1817

‘‘(j) WAIVER OF LIMITATIONS ON CERTAIN PAYMENTS UNDER

PAY COMPARABILITY SYSTEM.—The Secretary may waive the limita-
tion in section 5307 of title 5 for an employee or a payment.
‘‘(k) TERMINATION.—The authorities under this section shall
terminate on September 30, 2027.’’.

Approved August 10, 2022.

LEGISLATIVE HISTORY—S. 3373:

CONGRESSIONAL RECORD, Vol. 168 (2022):
Feb. 17, considered and passed Senate.
July 13, considered and passed House, amended.
July 21, 25–27, Aug. 2, Senate considered and concurred in
House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
Aug. 10, Presidential remarks.
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