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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3373 Enrolled Bill (ENR)]

        S.3373

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty two

                                 An Act

 
 To improve the Iraq and Afghanistan Service Grant and the Children of 
                          Fallen Heroes Grant.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE; 
TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Sergeant First 
Class Heath Robinson Honoring our Promise to Address Comprehensive 
Toxics Act of 2022'' or the ``Honoring our PACT Act of 2022''.
    (b) Matters Relating to Amendments to Title 38, United States 
Code.--
        (1) References.--Except as otherwise expressly provided, when 
    in this Act an amendment or repeal is expressed in terms of an 
    amendment to, or repeal of, a section or other provision, the 
    reference shall be considered to be made to a section or other 
    provision of title 38, United States Code.
        (2) Amendments to tables of contents.--Except as otherwise 
    expressly provided, when an amendment made by this Act to title 38, 
    United States Code, adds a section or larger organizational unit to 
    that title or amends the designation or heading of a section or 
    larger organizational unit in that title, that amendment also shall 
    have the effect of amending any table of sections in that title to 
    alter the table to conform to the changes made by the amendment.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; references to title 38, United States Code; table 
          of contents.

              TITLE I--EXPANSION OF HEALTH CARE ELIGIBILITY

                   Subtitle A--Toxic-exposed Veterans

Sec. 101. Short title.
Sec. 102. Definitions relating to toxic-exposed veterans.
Sec. 103. Expansion of health care for specific categories of toxic-
          exposed veterans and veterans supporting certain overseas 
          contingency operations.
Sec. 104. Assessments of implementation and operation.

    Subtitle B--Certain Veterans of Combat Service and Other Matters

Sec. 111. Expansion of period of eligibility for health care for certain 
          veterans of combat service.

              TITLE II--TOXIC EXPOSURE PRESUMPTION PROCESS

Sec. 201. Short title.
Sec. 202. Improvements to ability of Department of Veterans Affairs to 
          establish presumptions of service connection based on toxic 
          exposure.
Sec. 203. Outreach to claimants for disability compensation pursuant to 
          changes in presumptions of service connection.
Sec. 204. Reevaluation of claims for dependency and indemnity 
          compensation involving presumptions of service connection.

TITLE III--IMPROVING THE ESTABLISHMENT OF SERVICE CONNECTION PROCESS FOR 
                         TOXIC-EXPOSED VETERANS

Sec. 301. Short title.
Sec. 302. Presumptions of toxic exposure.
Sec. 303. Medical nexus examinations for toxic exposure risk activities.

              TITLE IV--PRESUMPTIONS OF SERVICE CONNECTION

Sec. 401. Treatment of veterans who participated in cleanup of Enewetak 
          Atoll as radiation-exposed veterans for purposes of 
          presumption of service connection of certain disabilities by 
          Department of Veterans Affairs.
Sec. 402. Treatment of veterans who participated in nuclear response 
          near Palomares, Spain, or Thule, Greenland, as radiation-
          exposed veterans for purposes of presumption of service 
          connection of certain disabilities by Department of Veterans 
          Affairs.
Sec. 403. Presumptions of service connection for diseases associated 
          with exposures to certain herbicide agents for veterans who 
          served in certain locations.
Sec. 404. Addition of additional diseases associated with exposure to 
          certain herbicide agents for which there is a presumption of 
          service connection for veterans who served in certain 
          locations.
Sec. 405. Improving compensation for disabilities occurring in Persian 
          Gulf War veterans.
Sec. 406. Presumption of service connection for certain diseases 
          associated with exposure to burn pits and other toxins.
Sec. 407. Rule of construction.

                        TITLE V--RESEARCH MATTERS

Sec. 501. Interagency working group on toxic exposure research.
Sec. 502. Analysis and report on treatment of veterans for medical 
          conditions related to toxic exposure.
Sec. 503. Analysis relating to mortality of veterans who served in 
          Southwest Asia.
Sec. 504. Study on health trends of post-9/11 veterans.
Sec. 505. Study on cancer rates among veterans.
Sec. 506. Study on health effects of waste related to Manhattan Project 
          on certain veterans.
Sec. 507. Study on toxic exposure and mental health outcomes.
Sec. 508. Study on veterans in Territories of the United States.
Sec. 509. Department of Veterans Affairs public website for toxic 
          exposure research.
Sec. 510. Report on health effects of jet fuels used by Armed Forces.

TITLE VI--IMPROVEMENT OF RESOURCES AND TRAINING REGARDING TOXIC-EXPOSED 
                                VETERANS

Sec. 601. Short title; definitions.
Sec. 602. Publication of list of resources of Department of Veterans 
          Affairs for toxic-exposed veterans and veterans who report 
          toxic exposures and outreach program for such veterans and 
          caregivers and survivors of such veterans.
Sec. 603. Incorporation of toxic exposure screening for veterans.
Sec. 604. Training for personnel of the Department of Veterans Affairs 
          with respect to veterans who report toxic exposures.

                          TITLE VII--RESOURCING

Sec. 701. Authority to use appropriations to enhance claims processing 
          capacity and automation.
Sec. 702. Authorization of major medical facility leases of Department 
          of Veterans Affairs for fiscal year 2023.
Sec. 703. Treatment of major medical facility leases of the Department 
          of Veterans Affairs.
Sec. 704. Authority to enter into agreements with academic affiliates 
          and other entities to acquire space for the purpose of 
          providing health-care resources to veterans.
Sec. 705. Modifications to enhanced-use lease authority of Department of 
          Veterans Affairs.
Sec. 706. Authority for joint leasing actions of Department of Defense 
          and Department of Veterans Affairs.
Sec. 707. Appropriation of amounts for major medical facility leases.

                  TITLE VIII--RECORDS AND OTHER MATTERS

Sec. 801. Epidemiological study on Fort McClellan veterans.
Sec. 802. Biennial briefing on Individual Longitudinal Exposure Record.
Sec. 803. Correction of exposure records by members of the Armed Forces 
          and veterans.
Sec. 804. Federal cause of action relating to water at Camp Lejeune, 
          North Carolina.
Sec. 805. Cost of War Toxic Exposures Fund.
Sec. 806. Appropriation for fiscal year 2022.
Sec. 807. Authorization of electronic notice in claims under laws 
          administered by the Secretary of Veterans Affairs.
Sec. 808. Burn pit transparency.

  TITLE IX--IMPROVEMENT OF WORKFORCE OF DEPARTMENT OF VETERANS AFFAIRS

Sec. 901. National rural recruitment and hiring plan for Veterans Health 
          Administration.
Sec. 902. Authority to buy out service contracts for certain health care 
          professionals in exchange for employment at rural or highly 
          rural facilities of Department of Veterans Affairs.
Sec. 903. Qualifications for human resources positions within Department 
          of Veterans Affairs and plan to recruit and retain human 
          resources employees.
Sec. 904. Modification of pay cap for certain employees of Veterans 
          Health Administration.
Sec. 905. Expansion of opportunities for housekeeping aides.
Sec. 906. Modification of authority of the Secretary of Veterans Affairs 
          relating to hours, conditions of employment, and pay for 
          certain employees of Veterans Health Administration.
Sec. 907. Waiver of pay limitation for certain employees of Department 
          of Veterans Affairs.
Sec. 908. Elimination of limitation on awards and bonus for employees of 
          Department of Veterans Affairs.
Sec. 909. Additional authority of the Secretary of Veterans Affairs 
          relating to recruitment and retention of personnel.

             TITLE I--EXPANSION OF HEALTH CARE ELIGIBILITY
                   Subtitle A--Toxic-exposed Veterans

    SEC. 101. SHORT TITLE.
    This title may be cited as the ``Conceding Our Veterans' Exposure 
Now and Necessitating Training Act of 2022'' or the ``COVENANT Act of 
2022''.
    SEC. 102. DEFINITIONS RELATING TO TOXIC-EXPOSED VETERANS.
    (a) In General.--Section 1710(a)(2)(F) is amended by striking ``who 
was exposed to a toxic substance, radiation, or other conditions, as 
provided in subsection (e)'' and inserting ``who is a toxic-exposed 
veteran, in accordance with subsection (e)''.
    (b) Definitions of Toxic Exposure and Toxic-exposed Veteran.--
Section 101 is amended by adding at the end the following new 
paragraphs:
    ``(37) The term `toxic exposure' includes the following:
        ``(A) A toxic exposure risk activity, as defined in section 
    1710(e)(4) of this title.
        ``(B) An exposure to a substance, chemical, or airborne hazard 
    identified in the list under section 1119(b)(2) of this title.
    ``(38) The term `toxic-exposed veteran' means any veteran described 
in section 1710(e)(1) of this title.''.
    (c) Definition of Toxic Exposure Risk Activity.--Section 1710(e)(4) 
is amended by adding at the end the following new subparagraph:
        ``(C) The term `toxic exposure risk activity' means any 
    activity--
            ``(i) that requires a corresponding entry in an exposure 
        tracking record system (as defined in section 1119(c) of this 
        title) for the veteran who carried out the activity; or
            ``(ii) that the Secretary determines qualifies for purposes 
        of this subsection when taking into account what is reasonably 
        prudent to protect the health of veterans.''.
    SEC. 103. EXPANSION OF HEALTH CARE FOR SPECIFIC CATEGORIES OF 
      TOXIC-EXPOSED VETERANS AND VETERANS SUPPORTING CERTAIN OVERSEAS 
      CONTINGENCY OPERATIONS.
    (a) In General.--
        (1) Expansion.--Subsection (e) of section 1710, as amended by 
    section 102(c), is further amended--
            (A) in paragraph (1), by adding at the end the following 
        new subparagraphs:
    ``(G) Beginning not later than the applicable date specified in 
paragraph (6), and subject to paragraph (2), a veteran who participated 
in a toxic exposure risk activity while serving on active duty, active 
duty for training, or inactive duty training is eligible for hospital 
care (including mental health services and counseling), medical 
services, and nursing home care under subsection (a)(2)(F) for any 
illness.
    ``(H) Beginning not later than the applicable date specified in 
paragraph (6), and subject to paragraph (2), a covered veteran (as 
defined in section 1119(c) of this title) is eligible for hospital care 
(including mental health services and counseling), medical services, 
and nursing home care under subsection (a)(2)(F) for any illness.
    ``(I)(i) Beginning not later than the applicable date specified in 
paragraph (6), and subject to paragraph (2), a veteran who deployed in 
support of a contingency operation specified in clause (ii) is eligible 
for hospital care (including mental health services and counseling), 
medical services, and nursing home care under subsection (a)(2)(F) for 
any illness.
    ``(ii) A contingency operation specified in this clause is any of 
the following:
        ``(I) Operation Enduring Freedom.
        ``(II) Operation Freedom's Sentinel.
        ``(III) Operation Iraqi Freedom.
        ``(IV) Operation New Dawn.
        ``(V) Operation Inherent Resolve.
        ``(VI) Resolute Support Mission.''; and
            (B) in paragraph (2)(B)--
                (i) by striking ``or (F)'' and inserting ``(F), (G), 
            (H), or (I)''; and
                (ii) by striking ``service or testing'' and inserting 
            ``service, testing, or activity''.
        (2) Phase in.--Such subsection is further amended by adding at 
    the end the following new paragraph:
    ``(6)(A) The Secretary shall determine the dates in subparagraphs 
(G), (H), and (I) of paragraph (1) as follows:
        ``(i) October 1, 2024, with respect to a veteran described in 
    such subparagraph (G) or (H) who was discharged or released from 
    the active military, naval, air, or space service during the period 
    beginning on August 2, 1990, and ending on September 11, 2001.
        ``(ii) October 1, 2026, with respect to a veteran described in 
    such subparagraph (G) or (H) who was discharged or released from 
    the active military, naval, air, or space service during the period 
    beginning on September 12, 2001, and ending on December 31, 2006.
        ``(iii) October 1, 2028, with respect to a veteran described in 
    such subparagraph (G) or (H) who was discharged or released from 
    the active military, naval, air, or space service during the period 
    beginning on January 1, 2007, and ending on December 31, 2012.
        ``(iv) October 1, 2030, with respect to a veteran described in 
    such subparagraph (G) or (H) who was discharged or released from 
    the active military, naval, air, or space service during the period 
    beginning on January 1, 2013, and ending on December 31, 2018.
        ``(v) October 1, 2032, with respect to a veteran described in 
    such subparagraph (I).
    ``(B)(i) The Secretary may modify a date specified in subparagraph 
(A) to an earlier date, as the Secretary determines appropriate based 
on the number of veterans receiving hospital care, medical services, 
and nursing home care under subparagraphs (G), (H), and (I) of 
paragraph (1) and the resources available to the Secretary.
    ``(ii) If the Secretary determines to modify a date under clause 
(i), the Secretary shall--
        ``(I) notify the Committee on Veterans' Affairs of the Senate 
    and the Committee on Veterans' Affairs of the House of 
    Representatives of the proposed modification; and
        ``(II) publish such modified date in the Federal Register.''.
    (b) Outreach Plans.--With respect to each of clauses (i) through 
(v) of section 1710(e)(6)(A) of title 38, United States Code (as added 
by subsection (a)(2)), not later than 180 days before the date 
specified in the clause (including a date modified pursuant to such 
section), the Secretary shall submit to the Committee on Veterans' 
Affairs of the Senate and the Committee on Veterans' Affairs of the 
House of Representatives a plan to conduct outreach to the veterans 
described in the clause to notify such veterans of their eligibility 
for hospital care, medical services, or nursing home care under 
subparagraph (G), (H), or (I), of section 1710(e)(1) of such title, as 
the case may be.
    SEC. 104. ASSESSMENTS OF IMPLEMENTATION AND OPERATION.
    (a) Initial Resource Assessment and Report.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall--
        (1) complete an assessment to determine--
            (A) the personnel and material resources necessary to 
        implement section 103 (including the amendments made by such 
        section); and
            (B) the total number of covered veterans, as such term is 
        defined in section 1119(c) of title 38, United States Code (as 
        added by section 302), who receive hospital care or medical 
        services furnished by the Secretary under chapter 17 of such 
        title, disaggregated by priority group specified in section 
        1705(a) of such title; and
        (2) submit to the Committee on Veterans' Affairs of the Senate 
    and the Committee on Veterans' Affairs of the House of 
    Representatives a report containing the findings of the assessment 
    completed under paragraph (1), including a specific determination 
    as to whether the Department has the personnel and material 
    resources necessary to implement section 103.
    (b) Information Systems.--Not later than October 1, 2024, the 
Secretary shall establish information systems to assess the 
implementation of section 103, including the amendments made by such 
section, and use the results of assessments under such systems to 
inform the reports under subsection (c).
    (c) Annual Reports.--
        (1) Reports.--Not later than October 1, 2025, and on an annual 
    basis thereafter until October 1, 2033, the Secretary shall submit 
    to the Committee on Veterans' Affairs of the Senate and the 
    Committee on Veterans' Affairs of the House of Representatives a 
    report on the following:
            (A) The effect of the implementation of, and the provision 
        and management of care under, section 103 (including the 
        amendments made by such section) on the demand by veterans 
        described in subparagraphs (G), (H), and (I) of section 
        1710(e)(1) of title 38, United States Code (as added by such 
        section 103) for health care services furnished by the 
        Secretary.
            (B) Any differing patterns of demand for health care 
        services by such veterans, disaggregated by factors such as the 
        relative distance of the veteran from medical facilities of the 
        Department and whether the veteran had previously received 
        hospital care or medical services furnished by the Secretary 
        under chapter 17 of such title.
            (C) The extent to which the Secretary has met such demand.
            (D) Any changes, during the year covered by the report, in 
        the delivery patterns of health care furnished by the Secretary 
        under chapter 17 of such title, and the fiscal impact of such 
        changes.
        (2) Matters.--Each report under paragraph (1) shall include, 
    with respect to the year covered by the report, detailed 
    information on the following:
            (A) The total number of veterans enrolled in the patient 
        enrollment system who, during such year, received hospital care 
        or medical services furnished by the Secretary under chapter 17 
        of title 38, United States Code.
            (B) Of the veterans specified in subparagraph (A), the 
        number of such veterans who, during the preceding three fiscal 
        years, had not received such care or services.
            (C) With respect to the veterans specified in subparagraph 
        (B), the cost of providing health care to such veterans during 
        the year covered by the report, shown in total and 
        disaggregated by--
                (i) the level of care; and
                (ii) whether the care was provided through the Veterans 
            Community Care Program.
            (D) With respect to the number of veterans described in 
        subparagraphs (G), (H), and (I) of section 1710(e)(1) of title 
        38, United States Code (as added by section 103), the following 
        (shown in total and disaggregated by medical facility of the 
        Department, as applicable):
                (i) The number of such veterans who, during the year 
            covered by the report, enrolled in the patient enrollment 
            system.
                (ii) The number of such veterans who applied for, but 
            were denied, such enrollment.
                (iii) The number of such veterans who were denied 
            hospital care or a medical service furnished by the 
            Secretary that was considered to be medically necessary but 
            not of an emergency nature.
            (E) The numbers and characteristics of, and the type and 
        extent of health care furnished by the Secretary to, veterans 
        enrolled in the patient enrollment system (shown in total and 
        disaggregated by medical facility of the Department).
            (F) The numbers and characteristics of, and the type and 
        extent of health care furnished by the Secretary to, veterans 
        not enrolled in the patient enrollment system (disaggregated by 
        each class of eligibility for care under section 1710 of title 
        38, United States Code, and further shown as a total per class 
        and disaggregated by medical facility of the Department).
            (G) The specific fiscal impact (shown in total and 
        disaggregated by geographic health care delivery areas) of 
        changes in the delivery patterns of health care furnished by 
        the Secretary under chapter 17 of such title as a result of the 
        implementation of section 103 (including the amendments made by 
        such section).
    (d) Definitions.--In this section:
        (1) Patient enrollment system.--The term ``patient enrollment 
    system'' means the patient enrollment system of the Department of 
    Veterans Affairs established and operated under section 1705(a) of 
    title 38, United States Code.
        (2) Veterans community care program.--The term ``Veterans 
    Community Care Program'' means the program established under 
    section 1703 of title 38, United States Code.

    Subtitle B--Certain Veterans of Combat Service and Other Matters

    SEC. 111. EXPANSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE FOR 
      CERTAIN VETERANS OF COMBAT SERVICE.
    (a) Expanded Period.--Section 1710(e)(3) is amended--
        (1) in subparagraph (A)--
            (A) by striking ``January 27, 2003'' and inserting 
        ``September 11, 2001''; and
            (B) by striking ``five-year period'' and inserting ``10-
        year period'';
        (2) by amending subparagraph (B) to read as follows:
        ``(B) With respect to a veteran described in paragraph (1)(D) 
    who was discharged or released from the active military, naval, 
    air, or space service after September 11, 2001, and before October 
    1, 2013, but did not enroll to receive such hospital care, medical 
    services, or nursing home care under such paragraph pursuant to 
    subparagraph (A) before October 1, 2022, the one-year period 
    beginning on October 1, 2022.''; and
        (3) by striking subparagraph (C).
    (b) Clarification of Coverage.--Section 1710(e)(1)(D) is amended by 
inserting after ``Persian Gulf War'' the following: ``(including any 
veteran who, in connection with service during such period, received 
the Armed Forces Expeditionary Medal, Service Specific Expeditionary 
Medal, Combat Era Specific Expeditionary Medal, Campaign Specific 
Medal, or any other combat theater award established by a Federal 
statute or an Executive order)''.
    (c) Outreach Plan.--Not later than December 1, 2022, the Secretary 
of Veterans Affairs shall submit to the Committee on Veterans' Affairs 
of the Senate and the Committee on Veterans' Affairs of the House of 
Representatives a plan to conduct outreach to veterans described in 
subparagraph (B) of section 1710(e)(3) of title 38, United States Code, 
as amended by subsection (a)(2), to notify such veterans of their 
eligibility for hospital care, medical services, or nursing home care 
pursuant to such subparagraph.
    (d) Report on Enrollments.--Not later than January 30, 2024, the 
Secretary shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report identifying, with respect to the one-year 
period beginning on October 1, 2022, the number of veterans described 
in section 1710(e)(3)(B) of title 38, United States Code, as amended by 
subsection (a)(2), who, during such period, enrolled in the patient 
enrollment system of the Department of Veterans Affairs established and 
operated under section 1705(a) of such title.
    (e) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 2022.

              TITLE II--TOXIC EXPOSURE PRESUMPTION PROCESS

    SEC. 201. SHORT TITLE.
    This title may be cited as the ``Toxic Exposure in the American 
Military Act of 2022'' or the ``TEAM Act of 2022''.
    SEC. 202. IMPROVEMENTS TO ABILITY OF DEPARTMENT OF VETERANS AFFAIRS 
      TO ESTABLISH PRESUMPTIONS OF SERVICE CONNECTION BASED ON TOXIC 
      EXPOSURE.
    (a) Advisory Committees, Panels, and Boards.--Chapter 11 is amended 
by adding at the end the following new subchapter:

 ``SUBCHAPTER VII--DETERMINATIONS RELATING TO PRESUMPTIONS OF SERVICE 
                   CONNECTION BASED ON TOXIC EXPOSURE

``Sec. 1171. Procedures to determine presumptions of service connection 
    based on toxic exposure; definitions
    ``(a) Procedures.--The Secretary shall determine whether to 
establish, or to remove, presumptions of service connection based on 
toxic exposure pursuant to this subchapter, whereby--
        ``(1) under section 1172 of this title--
            ``(A) the Secretary provides--
                ``(i) public notice regarding what formal evaluations 
            the Secretary plans to conduct; and
                ``(ii) the public an opportunity to comment on the 
            proposed formal evaluations;
            ``(B) the working group established under subsection (b) of 
        such section provides--
                ``(i) advice to the Secretary on toxic-exposed veterans 
            and cases in which veterans who, during active military, 
            naval, air, or space service, may have experienced a toxic 
            exposure or their dependents may have experienced a toxic 
            exposure while the veterans were serving in the active 
            military, naval, air, or space service;
                ``(ii) recommendations to the Secretary on corrections 
            needed in the Individual Longitudinal Exposure Record to 
            better reflect veterans and dependents described in clause 
            (i); and
                ``(iii) recommendations to the Secretary regarding 
            which cases of possible toxic exposure should be reviewed;
        ``(2) the Secretary provides for formal evaluations of such 
    recommendations under section 1173 of this title and takes into 
    account reports received by the Secretary from the National 
    Academies of Sciences, Engineering, and Medicine under section 1176 
    of this title; and
        ``(3) the Secretary issues regulations under section 1174 of 
    this title.
    ``(b) Definitions.--In this subchapter:
        ``(1) The term `illness' includes a disease or other condition 
    affecting the health of an individual, including mental and 
    physical health.
        ``(2) The term `Individual Longitudinal Exposure Record' 
    includes--
            ``(A) service records;
            ``(B) any database maintained by the Department of Defense 
        and shared with the Department of Veterans Affairs to serve as 
        a central portal for exposure-related data that compiles, 
        collates, presents, and provides available occupational and 
        environmental exposure information to support the needs of the 
        Department of Defense and the Department of Veterans Affairs; 
        or
            ``(C) any successor system to a database described in 
        subparagraph (B).
``Sec. 1172. Annual notice and opportunity for public comment
    ``(a) Notice Required.--(1)(A) Not less frequently than once each 
year, the Secretary shall publish in the Federal Register notice of the 
formal evaluations that the Secretary plans to conduct pursuant to 
section 1173 of this title.
    ``(B) Each notice published under subparagraph (A) shall include, 
for each formal evaluation referred to in the notice, an explanation as 
to why the military environmental exposures and adverse health outcomes 
that are the subject of the formal evaluation were chosen by the 
Secretary for formal evaluation under section 1173 of this title.
    ``(2)(A) With each notice published under paragraph (1), the 
Secretary shall seek public comment on the military environmental 
exposures and adverse health outcomes that are the subject of the 
formal evaluations referred to in the notice.
    ``(B) The Secretary shall--
        ``(i) consider all public comment received under subparagraph 
    (A); and
        ``(ii) publish in the Federal Register a response to the 
    comments received under subparagraph (A).
    ``(3)(A) For each notice published under paragraph (1), the 
Secretary shall hold an open meeting for members of the public to voice 
their comments in response to the notice.
    ``(B) To help evaluate presumptions of service connection, the 
Secretary shall, not less frequently than quarterly, collaborate with, 
partner with, and give weight to the advice of veterans service 
organizations and such other stakeholders as the Secretary considers 
appropriate.
    ``(4) Failure to include a military environmental exposure or 
adverse health effect in a Federal Register notice published pursuant 
to subsection (a) shall not preclude the Secretary from initiating a 
formal evaluation of such exposure or health effect.
    ``(b) Working Group.--(1) The Secretary shall establish a working 
group within the Department (in this section referred to as the 
`Working Group').
    ``(2) The Working Group shall include personnel of the Veterans 
Health Administration and the Veterans Benefits Administration.
    ``(3) The Secretary shall consult with, and seek the advice of, the 
Working Group with respect to cases in which--
        ``(A) a veteran may have, during active military, naval, air, 
    or space service, experienced a toxic exposure; or
        ``(B) a dependent of a veteran may have experienced a toxic 
    exposure during the active military, naval, air, or space service 
    of the veteran.
    ``(c) Assessments.--(1) The Working Group shall assess cases of the 
toxic exposure of veterans and their dependents that occurred during 
active military, naval, air, or space service, including by conducting 
ongoing surveillance and reviewing such exposure described in 
scientific literature, media reports, information from veterans, and 
information from Congress.
    ``(2) The assessments under paragraph (1) shall cover suspected and 
known toxic exposures occurring during active military, naval, air, or 
space service, including by identifying and evaluating new and emerging 
toxic exposures that are not recognized under existing presumptions of 
service connection.
    ``(3) The Working Group may conduct an assessment under paragraph 
(1) in response to a comment received under paragraph (2) or (3) of 
subsection (a).
    ``(4) The Working Group shall, in consultation with the Secretary 
of Defense, on a periodic basis, assess the Individual Longitudinal 
Exposure Record to ensure the accuracy of data collected.
    ``(d) Development of Recommendations.--(1) Following an assessment 
of a case of the toxic exposure of veterans that occurred during active 
military, naval, air, or space service under subsection (c), or their 
dependents, the Working Group may develop a recommendation for formal 
evaluation under section 1173 of this title to conduct a review of the 
health effects related to the case of exposure if the Working Group 
determines that the research may change the current understanding of 
the relationship between an exposure to an environmental hazard and 
adverse health outcomes in humans.
    ``(2) Upon receipt of evidence suggesting that previous findings 
regarding the periods and locations of exposure covered by an existing 
presumption of service connection are no longer supported, the Working 
Group may nominate such evidence for formal evaluation under section 
1173 of this title to modify the periods and locations.
    ``(e) Reports by the Working Group.--Not less frequently than once 
each year, the Working Group shall submit to the Secretary, the 
Committee on Veterans' Affairs of the Senate, and the Committee on 
Veterans' Affairs of the House of Representatives, and make publicly 
available, a report on--
        ``(1) recommendations developed under subsection (d), if any; 
    and
        ``(2) recommendations for such legislative or administrative 
    action as the Working Group considers necessary for the Working 
    Group to be more effective in carrying out the requirements of this 
    section.
    ``(f) Responses by Secretary.--In response to each report submitted 
under subsection (e), the Secretary shall, not later than 30 days after 
receiving the report, initiate a formal evaluation pursuant to section 
1173 of this title.
``Sec. 1173. Formal evaluation of recommendations
    ``(a) Formal Evaluations.--The Secretary shall establish a process 
to conduct a formal evaluation with respect to each recommendation made 
by the Working Group under section 1172 of this title.
    ``(b) Evidence, Data, and Factors.--The Secretary shall ensure that 
each formal evaluation under subsection (a) covers the following:
        ``(1) Scientific evidence, based on the review of available 
    scientific literature, including human, toxicological, animal, and 
    methodological studies, and other factors.
        ``(2) Claims data, based on the review of claim rate, grant 
    rate, and service connection prevalence, and other factors.
        ``(3) Other factors the Secretary determines appropriate, such 
    as--
            ``(A) the level of disability and mortality caused by the 
        health effects related to the case of toxic exposure being 
        evaluated;
            ``(B) the quantity and quality of the information available 
        and reviewed;
            ``(C) the feasibility of and period for generating relevant 
        information and evidence;
            ``(D) whether such health effects are combat- or 
        deployment-related;
            ``(E) the ubiquity or rarity of the health effects; and
            ``(F) any time frame during which a health effect must 
        become manifest.
    ``(c) Conduct of Evaluations.--(1) The Secretary shall ensure that 
each formal evaluation under subsection (a)--
        ``(A) reviews scientific evidence in a manner that--
            ``(i) conforms to principles of scientific and data 
        integrity;
            ``(ii) is free from suppression or distortion of scientific 
        or technological findings, data, information, conclusions, or 
        technical results; and
        ``(B)(i) evaluates the likelihood that a positive association 
    exists between an illness and a toxic exposure while serving in the 
    active military, naval, air, or space service; and
        ``(ii) assesses the toxic exposures and illnesses and 
    determines whether the evidence supports a finding of a positive 
    association between the toxic exposure and the illness.
    ``(2) In carrying out paragraph (1)(B)(ii), a formal evaluation 
under subsection (a) shall include reviewing all relevant data to 
determine the strength of evidence for a positive association based on 
the following four categories:
        ``(A) The `sufficient' category, where the evidence is 
    sufficient to conclude that a positive association exists.
        ``(B) The `equipoise and above' category, where the evidence is 
    sufficient to conclude that a positive association is at least as 
    likely as not, but not sufficient to conclude that a positive 
    association exists.
        ``(C) The `below equipoise' category, where the evidence is not 
    sufficient to conclude that a positive association is at least as 
    likely as not, or is not sufficient to make a scientifically 
    informed judgment.
        ``(D) The `against' category, where the evidence suggests the 
    lack of a positive association.
    ``(d) Recommendation for Establishing a Presumption of Service 
Connection.--Not later than 120 days after the date on which a formal 
evaluation is commenced, the element of the Department that conducts 
the evaluation shall submit to the Secretary a recommendation with 
respect to establishing a presumption of service connection for the 
toxic exposure and illness, or modifying an existing presumption of 
service connection, covered by the evaluation.
``Sec. 1174. Regulations regarding presumptions of service connection 
    based on toxic exposure
    ``(a) Action Upon Recommendation.--Not later than 160 days after 
the date on which the Secretary receives a recommendation to establish 
or modify a presumption of service connection under section 1173 of 
this title--
        ``(1) if the Secretary determines, in the discretion of the 
    Secretary, that the presumption, or modification, is warranted, the 
    Secretary shall--
            ``(A) commence issuing regulations in accordance with the 
        provisions of subchapter II of chapter 5 of title 5 (commonly 
        referred to as the Administrative Procedures Act) setting forth 
        the presumption or commence revising regulations to carry out 
        such modification; and
            ``(B) include in such regulations any time frame during 
        which a health effect must become manifest; or
        ``(2) if the Secretary determines, in the discretion of the 
    Secretary, that the presumption, or modification, is not warranted, 
    the Secretary shall publish in the Federal Register a notice of the 
    determination, including the reasons supporting the determination.
    ``(b) Removal of Presumption.--(1)(A) The Secretary may--
        ``(i) issue a regulation to remove an illness from a 
    presumption of service connection previously established pursuant 
    to a regulation issued under subsection (a); and
        ``(ii) issue a regulation to remove a presumption of service 
    connection established pursuant to title IV of the Sergeant First 
    Class Heath Robinson Honoring our Promise to Address Comprehensive 
    Toxics Act of 2022 if the Secretary concludes that evidence 
    suggests the lack of a positive association between the disease and 
    the toxic exposure.
    ``(B) Under subparagraph (A)(ii), the Secretary shall not consider 
the lack of evidence as sufficient to support a decision for removal of 
a presumption.
    ``(2) Whenever an illness is removed from regulations pursuant to 
paragraph (1), or the periods and locations of exposure covered by a 
presumption of service connection are modified under subsection (a)--
        ``(A) a veteran who was awarded compensation under chapter 11 
    of this title for such illness on the basis of the presumption 
    provided under such regulations before the effective date of the 
    removal or modification shall continue to be entitled to receive 
    compensation on that basis;
        ``(B) a survivor of a veteran who was awarded dependency and 
    indemnity compensation under chapter 13 of this title for the death 
    of a veteran resulting from such illness on the basis of such 
    presumption shall continue to be entitled to receive dependency and 
    indemnity compensation on such basis; and
        ``(C) no veteran or survivor covered under subparagraph (A) or 
    (B) shall have their compensation reduced solely because of the 
    removal of an illness pursuant to paragraph (1).
``Sec. 1175. Authority to modify process; congressional oversight
    ``(a) In General.--The Secretary may modify the process under which 
the working group established under subsection (b) of section 1172 of 
this title conducts assessments under such section, the Secretary 
conducts formal evaluations under section 1173 of this title, and 
issues regulations under section 1174 of this title if--
        ``(1) such evaluations cover the evidence, data, and factors 
    required by subsection (b) of such section 1173; and
        ``(2) a period of 180 days has elapsed following the date on 
    which the Secretary submits the notice under subsection (b) 
    regarding the modification.
    ``(b) Notice.--If the Secretary proposes to modify the process 
under which the working group established under subsection (b) of 
section 1172 of this title conducts assessments under such section, the 
process under which the Secretary conducts formal evaluations under 
section 1173 of this title, or issues regulations under section 1174 of 
this title, the Secretary shall submit to the Committee on Veterans' 
Affairs of the Senate and the Committee on Veterans' Affairs of the 
House of Representatives a notice of the proposed modifications 
containing the following:
        ``(1) A description of the proposed modifications.
        ``(2) A description of any exceptions to the requirements of 
    such sections that are proposed because of limited available 
    scientific evidence, and a description of how such evaluations will 
    be conducted.
``Sec. 1176. Agreement with National Academies of Sciences, 
    Engineering, and Medicine concerning toxic exposures
    ``(a) Purpose.--The purpose of this section is to provide for the 
National Academies of Sciences, Engineering, and Medicine (in this 
section referred to as the `Academies'), an independent nonprofit 
scientific organization with appropriate expertise that is not part of 
the Federal Government, to review and evaluate the available scientific 
evidence regarding associations between diseases and toxic exposures.
    ``(b) Agreement.--(1) The Secretary shall seek to enter into a 
five-year agreement with the Academies to perform the services covered 
by this section.
    ``(2) The Secretary shall seek to enter into an agreement described 
in paragraph (1) not later than 60 days after the date of the enactment 
of the Sergeant First Class Heath Robinson Honoring our Promise to 
Address Comprehensive Toxics Act of 2022.
    ``(3) An agreement under this section may be extended in five-year 
increments.
    ``(c) Review of Scientific Evidence.--Under an agreement between 
the Secretary and the Academies under this section, the Academies shall 
review and summarize the scientific evidence, and assess the strength 
thereof, concerning the association between toxic exposures during 
active military, naval, air, or space service and each disease 
suspected to be associated with such exposure in the human population.
    ``(d) Scientific Determinations Concerning Diseases.--For each 
disease reviewed under subsection (c), the Academies shall determine, 
to the extent that available scientific data permit meaningful 
determinations--
        ``(1) whether an association exists between toxic exposures and 
    the occurrence of the disease, taking into account the strength of 
    the scientific evidence and the appropriateness of the statistical 
    and epidemiological methods used to detect the association;
        ``(2) the increased risk of the disease among those reporting 
    toxic exposures during active military, naval, air, or space 
    service;
        ``(3) whether there exists a plausible biological mechanism or 
    other evidence of a positive association between the toxic exposure 
    and the occurrence of the disease; and
        ``(4) determine the strength of evidence for a positive 
    association based on categories furnished under section 1173 of 
    this title.
    ``(e) Cooperation of Federal Agencies.--The head of each relevant 
Federal agency, including the Secretary of Defense, shall cooperate 
fully with the Academies in performing the services covered by this 
section.
    ``(f) Recommendations for Additional Scientific Studies.--(1) Under 
an agreement between the Secretary and the Academies under this 
section, the Academies shall make any recommendations for additional 
scientific studies to resolve areas of continuing scientific 
uncertainty relating to toxic exposures.
    ``(2) In making recommendations under paragraph (1), the Academies 
shall consider--
        ``(A) the scientific information that is available at the time 
    of the recommendation;
        ``(B) the value and relevance of the information that could 
    result from additional studies; and
        ``(C) the cost and feasibility of carrying out such additional 
    studies.
    ``(g) Reports.--(1)(A) Under an agreement between the Secretary and 
the Academies under this section, not later than one year after the 
date of the enactment of the Sergeant First Class Heath Robinson 
Honoring our Promise to Address Comprehensive Toxics Act of 2022, the 
Academies shall submit to the Secretary, the Committee on Veterans' 
Affairs of the Senate, and the Committee on Veterans' Affairs of the 
House of Representatives an initial report on the activities of the 
Academies under the agreement.
    ``(B) The report submitted under subparagraph (A) shall include the 
following:
        ``(i) The determinations described in subsection (d).
        ``(ii) A full explanation of the scientific evidence and 
    reasoning that led to such determinations.
        ``(iii) Any recommendations of the Academies under subsection 
    (f).
    ``(2) Under an agreement between the Secretary and the Academies 
under this section, not less frequently than once every two years after 
the date on which the initial report is submitted under paragraph 
(1)(A), the Academies shall submit to the Secretary, the Committee on 
Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs 
of the House of Representatives an updated report on the activities of 
the Academies under the agreement.
    ``(h) Alternative Contract Scientific Organization.--(1) If the 
Secretary is unable within the time period prescribed in subsection 
(b)(2) to enter into an agreement with the Academies for the purposes 
of this section on terms acceptable to the Secretary, the Secretary 
shall seek to enter into an agreement for the purposes of this section 
with another appropriate scientific organization that--
        ``(A) is not part of the Federal Government;
        ``(B) operates as a not-for-profit entity; and
        ``(C) has expertise and objectivity comparable to that of the 
    Academies.
    ``(2) If the Secretary enters into an agreement with another 
organization as described in paragraph (1), any reference in this 
subchapter to the Academies shall be treated as a reference to the 
other organization.''.
    (b) Reports and Briefings.--
        (1) Report.--
            (A) In general.--Not later than two years after the date of 
        the enactment of this Act, the Secretary of Veterans Affairs 
        shall submit to the Committee on Veterans' Affairs of the 
        Senate and the Committee on Veterans' Affairs of the House of 
        Representatives a report on the implementation of, and 
        recommendations for, subchapter VII of chapter 11 of title 38, 
        United States Code, as added by subsection (a).
            (B) Consultation.--The Secretary shall develop the report 
        under subparagraph (A) in consultation with organizations 
        recognized by the Secretary for the representation of veterans 
        under section 5902 of such title and any other entity the 
        Secretary determines appropriate.
        (2) Briefing.--On a quarterly basis during the two-year period 
    beginning on the date of the enactment of this Act, the Secretary 
    shall provide to the Committee on Veterans' Affairs of the Senate 
    and the Committee on Veterans' Affairs of the House of 
    Representatives a briefing on the implementation of subchapter VII 
    of chapter 11 of such title, as added by subsection (a).
    (c) Independent Assessment.--
        (1) Agreement.--The Secretary shall seek to enter into an 
    agreement with the National Academies of Science, Engineering, and 
    Medicine (in this subsection referred to as the ``Academies'') 
    before the date that is 90 days after the date of the enactment of 
    this Act to perform the services set forth under paragraph (2).
        (2) Assessment.--
            (A) In general.--Under an agreement between the Secretary 
        and the Academies under paragraph (1), the Academies shall 
        conduct an assessment of the implementation by the Department 
        of Veterans Affairs of the process established under subchapter 
        VII of chapter 11 of title 38, United States Code, as added by 
        subsection (a).
            (B) Elements.--The assessment conducted under subparagraph 
        (A) shall include the following:
                (i) An assessment of the Department's implementation of 
            the process established under subsection (a) to determine 
            whether the process is in accordance with current 
            scientific standards for assessing the link between 
            exposure to environmental hazards and the development of 
            health outcomes,
                (ii) assess whether the criteria is fair and 
            consistent, and
                (iii) provide recommendations for improvements to the 
            process.
        (3) Report.--Not later than one year after the date on which 
    the Secretary enters into an agreement under paragraph (1), the 
    Secretary shall submit to the Committee on Veterans' Affairs of the 
    Senate and the Committee on Veterans' Affairs of the House of 
    Representatives a report on the findings of the Academies pursuant 
    to such agreement.
        (4) Alternative contract scientific organization.--
            (A) In general.--If the Secretary is unable within the time 
        period prescribed in paragraph (1) to enter into an agreement 
        with the Academies for the purposes of this subsection on terms 
        acceptable to the Secretary, the Secretary shall seek to enter 
        into an agreement for the purposes of this subsection with 
        another appropriate scientific organization that--
                (i) is not part of the Federal Government;
                (ii) operates as a not-for-profit entity; and
                (iii) has expertise and objectivity comparable to that 
            of the Academies.
            (B) Treatment.--If the Secretary enters into an agreement 
        with another organization as described in subparagraph (A), any 
        reference in this subsection to the Academies of Sciences, 
        Engineering, and Medicine shall be treated as a reference to 
        the other organization.
    (d) Conforming Amendments.--Chapter 11 is amended--
        (1) in section 1116--
            (A) by striking subsections (b), (c), (d), and (e);
            (B) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) The Secretary shall ensure that any determination made on or 
after the date of the enactment of the Sergeant First Class Heath 
Robinson Honoring our Promise to Address Comprehensive Toxics Act of 
2022 regarding a presumption of service connection based on exposure to 
an herbicide agent under this section is made pursuant to subchapter 
VII of this chapter, including with respect to assessing reports 
received by the Secretary from the National Academy of Sciences under 
section 3 of the Agent Orange Act of 1991 (Public Law 102-4).''; and
            (C) by redesignating subsection (f) as subsection (c);
        (2) in section 1116B(b)(2)(A), by inserting ``pursuant to 
    subchapter VII of this chapter,'' before ``the Secretary 
    determines''; and
        (3) in section 1118--
            (A) by striking subsections (b) through (e); and
            (B) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) The Secretary shall ensure that any determination made on or 
after the date of the enactment of the Sergeant First Class Heath 
Robinson Honoring our Promise to Address Comprehensive Toxics Act of 
2022 regarding a presumption of service connection based on a toxic 
exposure under this section is made pursuant to subchapter VII of this 
chapter.''.
    SEC. 203. OUTREACH TO CLAIMANTS FOR DISABILITY COMPENSATION 
      PURSUANT TO CHANGES IN PRESUMPTIONS OF SERVICE CONNECTION.
    (a) In General.--Subchapter VI of chapter 11 is amended by adding 
at the end the following new section:
``Sec. 1167. Outreach pursuant to changes in presumptions of service 
    connection
    ``(a) In General.--Whenever a law, including through a regulation 
or Federal court decision or settlement, establishes or modifies a 
presumption of service connection, the Secretary shall--
        ``(1) identify all claims for compensation under this chapter 
    that--
            ``(A) were submitted to the Secretary;
            ``(B) were evaluated and denied by the Secretary before the 
        date on which such provision of law went into effect; and
            ``(C) might have been evaluated differently had the 
        establishment or modification been applicable to the claim; and
        ``(2) pursuant to subsection (b), conduct outreach to the 
    claimants.
    ``(b) Outreach.--(1) The Secretary shall conduct outreach to inform 
claimants identified under subsection (a) that they may submit a 
supplemental claim in light of the establishment or modification of a 
presumption of service connection described in subsection (a).
    ``(2) Outreach under paragraph (1) shall include the following:
        ``(A) The Secretary shall publish on the internet website of 
    the Department a notice that such veterans may elect to file a 
    supplemental claim.
        ``(B) The Secretary shall notify, in writing or by electronic 
    means, veterans service organizations of the ability of such 
    veterans to file a supplemental claim.
        ``(C) The Secretary shall contact each claimant identified 
    under subsection (a) in the same manner that the Department last 
    provided notice of a decision.''.
    (b) Application.--Section 1167 of title 38, United States Code, as 
added by subsection (a), shall apply with respect to presumptions of 
service connection established or modified on or after the date of the 
enactment of this Act, including pursuant to amendments made by this 
Act.
    (c) Rule of Construction.--Nothing in this section shall be 
construed as--
        (1) modifying the obligations of the Department of Veterans 
    Affairs under Federal court decisions or settlements in effect as 
    of the date of the enactment of this Act; or
        (2) requiring a retroactively applied effective date of a 
    supplemental claim earlier than the date a presumption of service 
    connection is established or modified.
    SEC. 204. REEVALUATION OF CLAIMS FOR DEPENDENCY AND INDEMNITY 
      COMPENSATION INVOLVING PRESUMPTIONS OF SERVICE CONNECTION.
    (a) In General.--Subchapter I of chapter 13 is amended by adding at 
the end the following new section:
``Sec. 1305. Reevaluation of dependency and indemnity compensation 
    determinations pursuant to changes in presumptions of service 
    connection
    ``(a) Reevaluation.--Whenever a law, including through a regulation 
or Federal court decision or settlement, establishes or modifies a 
presumption of service connection, the Secretary shall--
        ``(1) identify all claims for dependency and indemnity 
    compensation under this chapter that--
            ``(A) were submitted to the Secretary;
            ``(B) were evaluated and denied by the Secretary before the 
        date on which such provision of law went into effect; and
            ``(C) might have been evaluated differently had the 
        establishment or modification been applicable to the claim;
        ``(2) allow for the reevaluation of such claims at the election 
    of the claimant; and
        ``(3) notwithstanding section 5110 of this title, with respect 
    to claims approved pursuant to such reevaluation, provide 
    compensation under this chapter effective as if the establishment 
    or modification of the presumption of service connection had been 
    in effect on the date of the submission of the original claim 
    described in paragraph (1).
    ``(b) Outreach.--(1) The Secretary shall conduct outreach to inform 
relevant claimants that they may elect to have a claim be reevaluated 
in light of the establishment or modification of a presumption of 
service connection described in subsection (a).
    ``(2) Outreach under paragraph (1) shall include the following:
        ``(A) The Secretary shall publish on the internet website of 
    the Department a notice that such claimants may elect to have a 
    claim so reevaluated.
        ``(B) The Secretary shall notify, in writing or by electronic 
    means, veterans service organizations of the ability of such 
    claimants to elect to have a claim so reevaluated.
        ``(C) The Secretary shall contact each claimant identified 
    under subsection (a) in the same manner that the Department last 
    provided notice of a decision.''.
    (b) Application.--Section 1305 of title 38, United States Code, as 
added by subsection (a), shall apply with respect to presumptions of 
service connection established or modified on or after the date of the 
enactment of this Act, including pursuant to amendments made by this 
Act.
    (c) Rule of Construction.--Nothing in this section shall be 
construed as modifying the obligations of the Department of Veterans 
Affairs under Federal court decisions or settlements in effect as of 
the date of the enactment of this Act.

 TITLE III--IMPROVING THE ESTABLISHMENT OF SERVICE CONNECTION PROCESS 
                       FOR TOXIC-EXPOSED VETERANS

    SEC. 301. SHORT TITLE.
    This title may be cited as the ``Veterans Burn Pits Exposure 
Recognition Act of 2022''.
    SEC. 302. PRESUMPTIONS OF TOXIC EXPOSURE.
    Subchapter II of chapter 11 is amended by adding at the end the 
following new section:
``Sec. 1119. Presumptions of toxic exposure
    ``(a) Consideration of Records.--If a veteran submits to the 
Secretary a claim for compensation for a service-connected disability 
under section 1110 of this title with evidence of a disability and a 
toxic exposure that occurred during active military, naval, air, or 
space service, the Secretary may, in adjudicating such claim, 
consider--
        ``(1) any record of the veteran in an exposure tracking record 
    system; and
        ``(2) if no record of the veteran in an exposure tracking 
    record system indicates that the veteran was subject to a toxic 
    exposure during active military, naval, air, or space service, the 
    totality of the circumstances of the service of the veteran.
    ``(b) Presumption of Specific Toxic Exposure for Members Who Served 
in Certain Locations.--(1) The Secretary shall, for purposes of section 
1110 and chapter 17 of this title, presume that any covered veteran was 
exposed to the substances, chemicals, and airborne hazards identified 
in the list under paragraph (2) during the service of the covered 
veteran specified in subsection (c)(1), unless there is affirmative 
evidence to establish that the covered veteran was not exposed to any 
such substances, chemicals, or hazards in connection with such service.
    ``(2) The Secretary shall--
        ``(A) establish and maintain a list that contains an 
    identification of one or more such substances, chemicals, and 
    airborne hazards as the Secretary, in collaboration with the 
    Secretary of Defense, may determine appropriate for purposes of 
    this section; and
        ``(B) determine, using procedures consistent with section 1172 
    of this title and through the conduct of a formal evaluation under 
    section 1173 of this title, whether to establish an end date for a 
    covered veteran to qualify for presumptions of exposure under this 
    section, if appropriate, but in no case establish an end date 
    earlier than the last day of the period specified in section 
    101(33) for the Persian Gulf War.
    ``(3) Beginning not later than two years after the date of the 
enactment of the Sergeant First Class Heath Robinson Honoring our 
Promise to Address Comprehensive Toxics Act of 2022, and not less 
frequently than once every two years thereafter, the Secretary shall 
submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
identifying any additions or removals to the list under paragraph (2) 
during the period covered by the report.
    ``(c) Definitions.--In this section:
        ``(1) The term `covered veteran' means any veteran who--
            ``(A) on or after August 2, 1990, performed active 
        military, naval, air, or space service while assigned to a duty 
        station in, including airspace above--
                ``(i) Bahrain;
                ``(ii) Iraq;
                ``(iii) Kuwait;
                ``(iv) Oman;
                ``(v) Qatar;
                ``(vi) Saudi Arabia;
                ``(vii) Somalia; or
                ``(viii) United Arab Emirates; or
            ``(B) on or after September 11, 2001, performed active 
        military, naval, air, or space service while assigned to a duty 
        station in, including airspace above--
                ``(i) Afghanistan;
                ``(ii) Djibouti;
                ``(iii) Egypt;
                ``(iv) Jordan;
                ``(v) Lebanon;
                ``(vi) Syria;
                ``(vii) Yemen;
                ``(viii) Uzbekistan; or
                ``(ix) any other country determined relevant by the 
            Secretary.
        ``(2) The term `exposure tracking record system'--
            ``(A) means any system, program, or pilot program used by 
        the Secretary of Veterans Affairs or the Secretary of Defense 
        to track how veterans or members of the Armed Forces have been 
        exposed to various occupational or environmental hazards; and
            ``(B) includes the Individual Longitudinal Exposure Record, 
        or successor system.
        ``(3) The term `toxic exposure risk activity' has the meaning 
    given such term in section 1710(e)(4) of this title.''.
    SEC. 303. MEDICAL NEXUS EXAMINATIONS FOR TOXIC EXPOSURE RISK 
      ACTIVITIES.
    Subchapter VI of chapter 11, as amended by section 203, is further 
amended by adding at the end the following new section:
``Sec. 1168. Medical nexus examinations for toxic exposure risk 
    activities
    ``(a) Medical Examinations and Medical Opinions.--(1) Except as 
provided in subsection (b), if a veteran submits to the Secretary a 
claim for compensation for a service-connected disability under section 
1110 of this title with evidence of a disability and evidence of 
participation in a toxic exposure risk activity during active military, 
naval, air, or space service, and such evidence is not sufficient to 
establish a service connection for the disability, the Secretary 
shall--
        ``(A) provide the veteran with a medical examination under 
    section 5103A(d) of this title; and
        ``(B) obtain a medical opinion (to be requested by the 
    Secretary in connection with the medical examination under 
    subparagraph (A)) as to whether it is at least as likely as not 
    that there is a nexus between the disability and the toxic exposure 
    risk activity.
    ``(2) When providing the Secretary with a medical opinion under 
paragraph (1)(B) for a veteran, the health care provider shall 
consider--
        ``(A) the total potential exposure through all applicable 
    military deployments of the veteran; and
        ``(B) the synergistic, combined effect of all toxic exposure 
    risk activities of the veteran.
    ``(3) The requirement under paragraph (2)(B) shall not be construed 
as requiring a health care provider to consider the synergistic, 
combined effect of each of the substances, chemicals, and airborne 
hazards identified in the list under section 1119(b)(2) of this title.
    ``(b) Exception.--Subsection (a) shall not apply if the Secretary 
determines there is no indication of an association between the 
disability claimed by the veteran and the toxic exposure risk activity 
for which the veteran submitted evidence.
    ``(c) Toxic Exposure Risk Activity Defined.--In this section, the 
term `toxic exposure risk activity' has the meaning given that term in 
section 1710(e)(4) of this title.''.

              TITLE IV--PRESUMPTIONS OF SERVICE CONNECTION

    SEC. 401. TREATMENT OF VETERANS WHO PARTICIPATED IN CLEANUP OF 
      ENEWETAK ATOLL AS RADIATION-EXPOSED VETERANS FOR PURPOSES OF 
      PRESUMPTION OF SERVICE CONNECTION OF CERTAIN DISABILITIES BY 
      DEPARTMENT OF VETERANS AFFAIRS.
    (a) Short Title.--This section may be cited as the ``Mark Takai 
Atomic Veterans Healthcare Parity Act of 2022''.
    (b) Enewetak Atoll.--Section 1112(c)(3)(B) is amended by adding at 
the end the following new clause:
            ``(v) Cleanup of Enewetak Atoll during the period beginning 
        on January 1, 1977, and ending on December 31, 1980.''.
    SEC. 402. TREATMENT OF VETERANS WHO PARTICIPATED IN NUCLEAR 
      RESPONSE NEAR PALOMARES, SPAIN, OR THULE, GREENLAND, AS 
      RADIATION-EXPOSED VETERANS FOR PURPOSES OF PRESUMPTION OF SERVICE 
      CONNECTION OF CERTAIN DISABILITIES BY DEPARTMENT OF VETERANS 
      AFFAIRS.
    (a) Short Title.--This section may be cited as the ``Palomares or 
Thule Veterans Act of 2022''.
    (b) Palomares or Thule.--Section 1112(c)(3)(B), as amended by 
section 401, is further amended by adding at the end the following new 
clauses:
            ``(vi) Onsite participation in the response effort 
        following the collision of a United States Air Force B-52 
        bomber and refueling plane that caused the release of four 
        thermonuclear weapons in the vicinity of Palomares, Spain, 
        during the period beginning January 17, 1966, and ending March 
        31, 1967.
            ``(vii) Onsite participation in the response effort 
        following the on-board fire and crash of a United States Air 
        Force B-52 bomber that caused the release of four thermonuclear 
        weapons in the vicinity of Thule Air Force Base, Greenland, 
        during the period beginning January 21, 1968, and ending 
        September 25, 1968.''.
    SEC. 403. PRESUMPTIONS OF SERVICE CONNECTION FOR DISEASES 
      ASSOCIATED WITH EXPOSURES TO CERTAIN HERBICIDE AGENTS FOR 
      VETERANS WHO SERVED IN CERTAIN LOCATIONS.
    (a) Short Title.--This section may be cited as the ``Veterans Agent 
Orange Exposure Equity Act of 2022''.
    (b) In General.--Section 1116, as amended by section 202, is 
further amended--
        (1) by striking ``, during active military, naval, air, or 
    space service, served in the Republic of Vietnam during the period 
    beginning on January 9, 1962, and ending on May 7, 1975'' each 
    place it appears and inserting ``performed covered service'';
        (2) by striking ``performed active military, naval, air, or 
    space service in the Republic of Vietnam during the period 
    beginning on January 9, 1962, and ending on May 7, 1975'' each 
    place it appears and inserting ``performed covered service''; and
        (3) by adding at the end the following new subsection:
    ``(d) In this section, the term `covered service' means active 
military, naval, air, or space service--
        ``(1) performed in the Republic of Vietnam during the period 
    beginning on January 9, 1962, and ending on May 7, 1975;
        ``(2) performed in Thailand at any United States or Royal Thai 
    base during the period beginning on January 9, 1962, and ending on 
    June 30, 1976, without regard to where on the base the veteran was 
    located or what military job specialty the veteran performed;
        ``(3) performed in Laos during the period beginning on December 
    1, 1965, and ending on September 30, 1969;
        ``(4) performed in Cambodia at Mimot or Krek, Kampong Cham 
    Province during the period beginning on April 16, 1969, and ending 
    on April 30, 1969; or
        ``(5) performed on Guam or American Samoa, or in the 
    territorial waters thereof, during the period beginning on January 
    9, 1962, and ending on July 31, 1980, or served on Johnston Atoll 
    or on a ship that called at Johnston Atoll during the period 
    beginning on January 1, 1972, and ending on September 30, 1977.''.
    (c) Eligibility for Hospital Care and Medical Services.--Section 
1710(e)(4), as amended by section 102(c), is further amended by 
striking subparagraph (A) and inserting the following new subparagraph:
        ``(A) The term `Vietnam-era herbicide-exposed veteran' means a 
    veteran who--
            ``(i) performed covered service, as defined in section 
        1116(d) of this title; or
            ``(ii) the Secretary finds may have been exposed during 
        active military, naval, air, or space service to dioxin during 
        the Vietnam era, regardless of the geographic area of such 
        service, or was exposed during such service to a toxic 
        substance found in a herbicide or defoliant used for military 
        purposes during such era, regardless of the geographic area of 
        such service.''.
    (d) Conforming Amendment.--The heading for section 1116 is amended 
by striking ``the Republic of Vietnam'' and inserting ``certain 
locations''.
    (e) Effective Date and Applicability.--The amendments made by this 
section shall take effect on the date of the enactment of this Act and 
shall apply as follows:
        (1) On the date of the enactment of this Act for claimants for 
    dependency and indemnity compensation under chapter 13 of title 38, 
    United States Code, and for veterans whom the Secretary of Veterans 
    Affairs determines are--
            (A) terminally ill;
            (B) homeless;
            (C) under extreme financial hardship;
            (D) more than 85 years old; or
            (E) capable of demonstrating other sufficient cause.
        (2) On October 1, 2022, for everyone not described in paragraph 
    (1).
    SEC. 404. ADDITION OF ADDITIONAL DISEASES ASSOCIATED WITH EXPOSURE 
      TO CERTAIN HERBICIDE AGENTS FOR WHICH THERE IS A PRESUMPTION OF 
      SERVICE CONNECTION FOR VETERANS WHO SERVED IN CERTAIN LOCATIONS.
    (a) Short Title.--This section may be cited as the ``Fair Care for 
Vietnam Veterans Act of 2022''.
    (b) Monoclonal Gammopathy of Undetermined Significance.--Section 
1116(a)(2) of title 38, United States Code, is amended by adding at the 
end the following new subparagraph:
        ``(L) Monoclonal gammopathy of undetermined significance.''.
    (c) Hypertension.--Such section, as amended by subsection (b), is 
further amended by adding at the end the following new subparagraph:
        ``(M) Hypertension.''.
    (d) Effective Dates and Applicability.--
        (1) Monoclonal gammopathy of undetermined significance.--
            (A) In general.--The amendment made by subsection (b) shall 
        take effect on the date of the enactment of this Act and shall 
        apply as follows:
                (i) On the date of the enactment of this Act for 
            claimants for dependency and indemnity compensation under 
            chapter 13 of title 38, United States Code, and for 
            veterans whom the Secretary of Veterans Affairs determines 
            are--

                    (I) terminally ill;
                    (II) homeless;
                    (III) under extreme financial hardship;
                    (IV) more than 85 years old; or
                    (V) capable of demonstrating other sufficient 
                cause.

                (ii) On October 1, 2022, for everyone not described in 
            clause (i).
            (B) Retroactive application.--Notwithstanding any Federal 
        court decisions or settlements in effect on the day before the 
        date of the enactment of this Act, the Secretary of Veterans 
        Affairs shall award retroactive claims for a condition under 
        section 1116(a)(2)(L) of title 38, United States Code, as added 
        by subsection (b) of this section, only to claimants for 
        dependency and indemnity compensation under chapter 13 of such 
        title described in subparagraph (A)(i) of this paragraph.
        (2) Hypertension.--
            (A) In general.--The amendment made by subsection (c) shall 
        take effect on the date of the enactment of this Act and shall 
        apply as follows:
                (i) On the date of the enactment of this Act for 
            claimants for dependency and indemnity compensation under 
            chapter 13 of title 38, United States Code, and for 
            veterans whom the Secretary of Veterans Affairs determines 
            are--

                    (I) terminally ill;
                    (II) homeless;
                    (III) under extreme financial hardship;
                    (IV) more than 85 years old; or
                    (V) capable of demonstrating other sufficient 
                cause.

                (ii) On October 1, 2026, for everyone not described in 
            subparagraph (A).
            (B) Retroactive application.--Notwithstanding any Federal 
        court decisions or settlements in effect on the day before the 
        date of the enactment of this Act, the Secretary of Veterans 
        Affairs shall award retroactive claims for a condition under 
        section 1116(a)(2)(M) of title 38, United States Code, as added 
        by subsection (c) of this section, only to claimants for 
        dependency and indemnity compensation under chapter 13 of such 
        title described in subparagraph (A)(i) of this paragraph.
    SEC. 405. IMPROVING COMPENSATION FOR DISABILITIES OCCURRING IN 
      PERSIAN GULF WAR VETERANS.
    (a) Reduction in Threshold of Eligibility.--Subsection (a)(1) of 
section 1117 is amended by striking ``became manifest--'' and all that 
follows through the period at the end and inserting ``became manifest 
to any degree at any time.''.
    (b) Permanent Extension of Period of Eligibility.--Such section is 
further amended--
        (1) by striking subsection (b);
        (2) by redesignating subsections (c) and (d) as subsections (b) 
    and (c), respectively; and
        (3) in subsection (a)(2)(C), by striking ``under subsection 
    (d)'' and inserting ``under subsection (c)''.
    (c) Establishing Singular Disability-based Questionnaire.--Such 
section is further amended by inserting after subsection (c) (as 
redesignated by subsection (b)) the following new subsection (d):
    ``(d) If a Persian Gulf veteran at a medical facility of the 
Department presents with any one symptom associated with Gulf War 
Illness, the Secretary shall ensure that health care personnel of the 
Department use a disability benefits questionnaire, or successor 
questionnaire, designed to identify Gulf War Illness, in addition to 
any other diagnostic actions the personnel determine appropriate.''.
    (d) Expansion of Definition of Persian Gulf Veteran.--Subsection 
(f) of such section is amended by inserting ``, Afghanistan, Israel, 
Egypt, Turkey, Syria, or Jordan,'' after ``operations''.
    (e) Training.--Such section is further amended by adding at the end 
the following new subsection:
    ``(i)(1) The Secretary shall take such actions as may be necessary 
to ensure that health care personnel of the Department are 
appropriately trained to effectively carry out this section.
    ``(2) Not less frequently than once each year, the Secretary shall 
submit to Congress a report on the actions taken by the Secretary to 
carry out paragraph (1).''.
    SEC. 406. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN DISEASES 
      ASSOCIATED WITH EXPOSURE TO BURN PITS AND OTHER TOXINS.
    (a) Short Title.--This section may be cited as the ``Presumptive 
Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 
2022''.
    (b) In General.--Subchapter II of chapter 11, as amended by section 
302, is further amended by inserting after section 1119 the following 
new section:
``Sec. 1120. Presumption of service connection for certain diseases 
    associated with exposure to burn pits and other toxins
    ``(a) Presumption of Service Connection.--For the purposes of 
section 1110 of this title, and subject to section 1113 of this title, 
a disease specified in subsection (b) becoming manifest in a covered 
veteran shall be considered to have been incurred in or aggravated 
during active military, naval, air, or space service, notwithstanding 
that there is no record of evidence of such disease during the period 
of such service.
    ``(b) Diseases Specified.--The diseases specified in this 
subsection are the following:
        ``(1) Asthma that was diagnosed after service of the covered 
    veteran as specified in subsection (c).
        ``(2) The following types of cancer:
            ``(A) Head cancer of any type.
            ``(B) Neck cancer of any type.
            ``(C) Respiratory cancer of any type.
            ``(D) Gastrointestinal cancer of any type.
            ``(E) Reproductive cancer of any type.
            ``(F) Lymphoma cancer of any type.
            ``(G) Lymphomatic cancer of any type.
            ``(H) Kidney cancer.
            ``(I) Brain cancer.
            ``(J) Melanoma.
            ``(K) Pancreatic cancer.
        ``(3) Chronic bronchitis.
        ``(4) Chronic obstructive pulmonary disease.
        ``(5) Constrictive bronchiolitis or obliterative bronchiolitis.
        ``(6) Emphysema.
        ``(7) Granulomatous disease.
        ``(8) Interstitial lung disease.
        ``(9) Pleuritis.
        ``(10) Pulmonary fibrosis.
        ``(11) Sarcoidosis.
        ``(12) Chronic sinusitis.
        ``(13) Chronic rhinitis.
        ``(14) Glioblastoma.
        ``(15) Any other disease for which the Secretary determines, 
    pursuant to regulations prescribed under subchapter VII that a 
    presumption of service connection is warranted based on a positive 
    association with a substance, chemical, or airborne hazard 
    identified in the list under section 1119(b)(2) of this title.
    ``(c) Covered Veteran Defined.--In this section, the term `covered 
veteran' has the meaning given that term in section 1119(c) of this 
title.''.
    (c) Conforming Amendment.--Section 1113 is amended by striking ``or 
1118'' each place it appears and inserting ``1118, or 1120''.
    (d) Effective Date and Applicability.--The amendments made by this 
section shall take effect on the date of the enactment of this Act and 
shall apply as follows:
        (1) On the date of the enactment of this Act for claimants for 
    dependency and indemnity compensation under chapter 13 of title 38, 
    United States Code, and veterans whom the Secretary of Veterans 
    Affairs determines are--
            (A) terminally ill;
            (B) homeless;
            (C) under extreme financial hardship;
            (D) more than 85 years old; or
            (E) capable of demonstrating other sufficient cause.
        (2) On the date of the enactment of this Act for everyone not 
    described in paragraph (1), with respect to paragraphs (1), (2)(C), 
    (2)(I), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14), 
    of section 1120(b) of title 38, United States Code, as added by 
    subsection (b).
        (3) On October 1, 2023, for everyone not described in paragraph 
    (1), with respect to paragraphs (3) and (4) of section 1120(b) of 
    such title, as so added.
        (4) On October 1, 2024, for everyone not described in paragraph 
    (1), with respect to subparagraphs (A), (B), (D), (E), (F), (G), 
    and (K) of section 1120(b)(2) of such title, as so added.
        (5) On October 1, 2025, for everyone not described in paragraph 
    (1), with respect to subparagraphs (H) and (J) of section 
    1120(b)(2) of such title, as so added.
    SEC. 407. RULE OF CONSTRUCTION.
    (a) Generally.--Nothing in this Act shall be construed to prevent 
the Secretary of Veterans Affairs from processing claims for benefits 
under title 38, United States Code, for a condition or disease for 
which this Act establishes a presumption of service connection, as a 
claim for benefits for a condition or disease with direct service 
connection.
    (b) Effective Dates and Applicability.--The Secretary shall not 
deny a claim for benefits under title 38, United States Code, for a 
condition or disease for which this Act establishes a presumption of 
service connection because the claimant filed the claim prior to the 
effective date or date of applicability for that particular condition 
or disease.

                       TITLE V--RESEARCH MATTERS

    SEC. 501. INTERAGENCY WORKING GROUP ON TOXIC EXPOSURE RESEARCH.
    (a) Establishment.--
        (1) In general.--Not later than one year after the date of the 
    enactment of this Act, the Secretary of Veterans Affairs shall, in 
    collaboration with the heads of the entities described in paragraph 
    (2), establish the Toxic Exposure Research Working Group (in this 
    section referred to as the ``Working Group'').
        (2) Composition.--The Working Group shall consist of employees, 
    selected by the Secretary, of the following:
            (A) The Department of Veterans Affairs.
            (B) The Department of Defense.
            (C) The Department of Health and Human Services.
            (D) The Environmental Protection Agency.
            (E) Other entities of the Federal Government involved in 
        research activities regarding the health consequences of toxic 
        exposures experienced during active military, naval, air, or 
        space service.
    (b) Functions.--The Working Group shall perform the following 
functions:
        (1) Identify collaborative research activities and resources 
    available among entities represented by members of the Working 
    Group to conduct such collaborative research activities.
        (2) Develop a five-year strategic plan for such entities to 
    carry out collaborative research activities.
    (c) Reporting.--The Secretary shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives the following:
        (1) Not later than one year after the date of the enactment of 
    this Act, a report on the establishment of the Working Group under 
    subsection (a).
        (2) Not later than two years after the date of the enactment of 
    this Act, a report containing the collaborative research activities 
    identified, and the strategic plan developed, by the Working Group 
    under subsection (b).
        (3) Not less frequently than annually during the five-year 
    period covered by the strategic plan under subsection (b), a 
    progress report on implementation of the strategic plan.
    (d) Termination.--The Working Group shall terminate after 
submitting the final report under subsection (c).
    (e) Definitions.--In this section:
        (1) Active military, naval, air, or space service.--The term 
    ``active military, naval, air, or space service'' has the meaning 
    given that term in section 101 of title 38, United States Code.
        (2) Collaborative research activity.--The term ``collaborative 
    research activity'' means a research activity--
            (A) agreed upon by the Working Group;
            (B) conducted by an entity represented by a member of the 
        Working Group;
            (C) funded by the Federal Government; and
            (D) regarding the health consequences of toxic exposures 
        experienced during active military, naval, air, or space 
        service.
        (3) Toxic exposure.--The term ``toxic exposure'' has the 
    meaning given such term in section 101 of title 38, United States 
    Code, as amended by section 102(b).
    SEC. 502. ANALYSIS AND REPORT ON TREATMENT OF VETERANS FOR MEDICAL 
      CONDITIONS RELATED TO TOXIC EXPOSURE.
    (a) In General.--The Secretary of Veterans Affairs shall analyze, 
on a continuous basis, all clinical data that--
        (1) is obtained by the Department of Veterans Affairs in 
    connection with hospital care, medical services, and nursing home 
    care furnished under section 1710(a)(2)(F) of title 38, United 
    States Code; and
        (2) is likely to be scientifically useful in determining the 
    association, if any, between the medical condition of a veteran and 
    a toxic exposure.
    (b) Annual Report.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
containing the following:
        (1) The aggregate data compiled under subsection (a).
        (2) An analysis of such data.
        (3) A description of the types and incidences of medical 
    conditions identified by the Department under such subsection.
        (4) The explanation of the Secretary for the incidence of such 
    medical conditions and other explanations for the incidence of such 
    conditions as the Secretary considers reasonable.
        (5) The views of the Secretary on the scientific validity of 
    drawing conclusions from the incidence of such medical conditions, 
    as evidenced by the data compiled under subsection (a), regarding 
    any association between such conditions and toxic exposures.
    (c) Toxic Exposure Defined.--In this section, the term ``toxic 
exposure'' has the meaning given such term in section 101 of title 38, 
United States Code, as amended by section 102(b).
    SEC. 503. ANALYSIS RELATING TO MORTALITY OF VETERANS WHO SERVED IN 
      SOUTHWEST ASIA.
    (a) Analysis.--
        (1) In general.--Not later than 270 days after the date of the 
    enactment of this Act, the Secretary of Veterans Affairs, in 
    coordination with the Secretary of Defense, shall conduct an 
    updated analysis of total and respiratory disease mortality in 
    covered veterans.
        (2) Elements.--The analysis required by paragraph (1) shall 
    include, to the extent practicable, the following with respect to 
    each covered veteran:
            (A) Metrics of airborne exposures.
            (B) The location and timing of deployments of the veteran.
            (C) The military occupational specialty of the veteran.
            (D) The Armed Force in which the veteran served.
            (E) Pre-existing health status of the veteran, including 
        with respect to asthma.
            (F) Relevant personal information of the veteran, including 
        cigarette and e-cigarette smoking history, diet, sex, gender, 
        age, race, and ethnicity.
    (b) Covered Veteran Defined.--In this section, the term ``covered 
veteran'' means any veteran who--
        (1) on or after August 2, 1990, served on active duty in--
            (A) Bahrain;
            (B) Iraq;
            (C) Kuwait;
            (D) Oman;
            (E) Qatar;
            (F) Saudi Arabia;
            (G) Somalia; or
            (H) the United Arab Emirates; or
        (2) on or after September 11, 2001, served on active duty in--
            (A) Afghanistan;
            (B) Djibouti;
            (C) Egypt;
            (D) Jordan;
            (E) Lebanon;
            (F) Syria; or
            (G) Yemen.
    SEC. 504. STUDY ON HEALTH TRENDS OF POST-9/11 VETERANS.
    The Secretary of Veterans Affairs shall conduct an epidemiological 
study on the health trends of veterans who served in the Armed Forces 
after September 11, 2001.
    SEC. 505. STUDY ON CANCER RATES AMONG VETERANS.
    (a) In General.--The Secretary of Veterans Affairs shall conduct a 
study on the incidence of cancer in veterans to determine trends in the 
rates of the incidence of cancer in veterans.
    (b) Elements.--The study required by subsection (a) shall assess, 
with respect to each veteran included in the study, the following:
        (1) The age of the veteran.
        (2) The period of service and length of service of the veteran 
    in the Armed Forces.
        (3) The military occupational specialty or specialties of the 
    veteran.
        (4) The sex of the veteran.
        (5) The type or types of cancer that the veteran has.
    SEC. 506. STUDY ON HEALTH EFFECTS OF WASTE RELATED TO MANHATTAN 
      PROJECT ON CERTAIN VETERANS.
    (a) Study.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Veterans Affairs shall enter into an 
agreement with the National Academies of Sciences, Engineering, and 
Medicine for the conduct of a study on the health trends of veterans 
who, while serving in the active military, naval, air, or space 
service--
        (1) participated in activities relating to the Manhattan 
    Project (including activities relating to covered waste) in 
    connection with such service; or
        (2) resided at or near, as determined by the Secretary, the 
    locations described in subsection (b).
    (b) Covered Locations.--The locations described in this subsection 
are the following locations:
        (1) In the county of St. Louis, Missouri, the following:
            (A) Coldwater Creek, Missouri.
            (B) The St. Louis Airport Site, Missouri.
            (C) The West Lake Landfill.
        (2) Oak Ridge, Tennessee.
        (3) Hanford, Washington.
        (4) Any other location that is proximate to covered waste, as 
    determined by the Secretary.
    (c) Elements.--The study under subsection (a) shall assess, with 
respect to each veteran included in the study, the following:
        (1) The age, sex, and race of the veteran.
        (2) The period and location of exposure to covered waste.
        (3) Any type of cancer, or other illness associated with toxic 
    exposure, that the veteran has.
        (4) A comparison of the overall health condition of the 
    veteran, including any illness of the veteran identified pursuant 
    to paragraph (3), with the overall health condition of past and 
    present civilian populations residing at the same location of 
    exposure, as determined by the Secretary.
    (d) Report.--Not later than three years after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a report on the study under subsection 
(a) and include in such report an analysis of the data available and 
data reliability.
    (e) Definitions.--In this section:
        (1) Active military, naval, air, or space service; toxic 
    exposure.--The terms ``active military, naval, air, or space 
    service'' and ``toxic exposure'' have the meanings given those 
    terms in section 101 of title 38, United States Code, as added by 
    section 102(b).
        (2) Covered waste.--The term ``covered waste'' means any waste 
    arising from activities carried out in connection with the 
    Manhattan Project.
        (3) Illness.--The term ``illness'' has the meaning given that 
    term in section 1171 of title 38, United States Code, as added by 
    section 202.
        (4) Toxic exposure.--The term ``toxic exposure'' has the 
    meaning given such term in section 101 of title 38, United States 
    Code, as amended by section 102(b).
    SEC. 507. STUDY ON TOXIC EXPOSURE AND MENTAL HEALTH OUTCOMES.
    (a) Study Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall enter 
into an agreement with the National Academies of Sciences, Engineering, 
and Medicine for the conduct of a study of veterans to assess possible 
relationships between toxic exposures experienced during service in the 
Armed Forces and mental health conditions, including chronic 
multisymptom illness, traumatic brain injury, post-traumatic stress 
disorder, depression, episodes of psychosis, schizophrenia, bipolar 
disorder, suicide attempts, and suicide deaths.
    (b) Elements.--For each veteran included in the study under 
subsection (a), the following information shall be collected and 
assessed:
        (1) Age.
        (2) Sex.
        (3) Race and ethnicity.
        (4) Period and length of service in the Armed Forces.
        (5) The military occupational specialty or specialties of the 
    veteran.
        (6) History of toxic exposure during service in the Armed 
    Forces.
        (7) Any diagnosis of chronic multisymptom illness.
        (8) Any diagnosis of a mental health or cognitive disorder.
        (9) Any history of suicide attempt or suicidality.
        (10) If the veteran died by suicide.
        (11) Any confounding traumatic experiences that could affect a 
    veteran's mental health.
    (c) Report.--Not later than three years after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a report containing the findings of the 
National Academies of Sciences, Engineering, and Medicine with respect 
to the study conducted under subsection (a).
    SEC. 508. STUDY ON VETERANS IN TERRITORIES OF THE UNITED STATES.
    (a) GAO Study.--
        (1) In general.--The Comptroller General of the United States 
    shall conduct a study on the state of access and barriers to 
    benefits and services furnished by the Veterans Benefits 
    Administration and the Veterans Health Administration under laws 
    administered by the Secretary of Veterans Affairs to veterans in 
    Territories and Freely Associated States of the United States, 
    including deficits in the availability and accessibility of such 
    benefits and services compared to veterans elsewhere in the United 
    States.
        (2) Elements.--The study under paragraph (1) shall include--
            (A) the number of veterans in each Territory and Freely 
        Associated State of the United States;
            (B) the number of veterans in each Territory and Freely 
        Associated State who are enrolled in the system of annual 
        patient enrollment of the Department of Veterans Affairs under 
        section 1705(a) of title 38, United States Code;
            (C) a description of how the Department estimates the 
        number of veterans in each Territory and Freely Associated 
        State who are eligible for services under section 1710 of such 
        title but who are not enrolled as described in subparagraph 
        (B);
            (D) a detailed description of obstacles facing veterans in 
        each Territory and Freely Associated State in accessing health 
        care services, including those involving the availability of 
        such services to veterans in the Territory or Freely Associated 
        State in which the veterans reside, and any distance 
        impediments to receiving services at a regional medical center 
        of the Veterans Health Administration, a community-based 
        outpatient clinic, another full-service medical facility of the 
        Department, or a Vet Center, respectively;
            (E) a detailed description of obstacles facing veterans in 
        each Territory and Freely Associated State in accessing 
        readjustment counseling services, including those involving the 
        availability of such services to veterans in the Territory in 
        which the veterans reside, and any distance impediments to 
        receiving services at a readjustment counseling services center 
        of the Department;
            (F) a detailed description of obstacles facing veterans in 
        each Territory and Freely Associated State in accessing non-
        health care veterans benefits, including those involving the 
        availability of benefits and services to veterans in the 
        Territory or Freely Associated State in which the veterans 
        reside, and any distance impediments to accessing the nearest 
        office of the Veterans Benefits Administration;
            (G) an analysis of the staffing and quality of the offices 
        of the Veterans Benefits Administration and Veterans Health 
        Administration charged with serving veterans in the Territories 
        and Freely Associated States, including the availability of the 
        full- and part-time staff of each office to the veterans they 
        are charged with serving;
            (H) an analysis of the availability of the Veterans 
        Community Care Program established under section 1703 of title 
        38, United States Code, to veterans in each Territory and 
        Freely Associated State;
            (I) an analysis of the economic and health outcomes for 
        veterans in each Territory or Freely Associated State resulting 
        from obstacles to accessing adequate assistance and health care 
        at facilities of the Department;
            (J) an analysis of the access to benefit assistance and 
        health care provided to veterans in the aftermath of major 
        disasters declared in each of the Territories and Freely 
        Associated States since September 4, 2017; and
            (K) such recommendations as the Comptroller General 
        considers appropriate for improving access of veterans in the 
        Territories and Freely Associated States to benefits and health 
        care services furnished by the Secretary, and reducing barriers 
        and deficits in the availability and accessibility of such 
        benefits and services compared to veterans elsewhere in the 
        United States.
    (b) Briefing.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall provide to the 
Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a briefing setting 
forth the results of the study conducted under subsection (a), 
including any recommendations developed under paragraph (2)(K) of such 
subsection.
    (c) Definitions.--In this section:
        (1) Freely associated state.--The term ``Freely Associated 
    State'' includes the Federated States of Micronesia, the Republic 
    of the Marshall Islands, and the Republic of Palau.
        (2) Territory.--The term ``Territory'' includes American Samoa, 
    the Commonwealth of the Northern Marianas Islands, Guam, Puerto 
    Rico, and the Virgin Islands.
        (3) Vet center.--The term ``Vet Center'' has the meaning given 
    that term in section 1712A(h) of title 38, United States Code.
    SEC. 509. DEPARTMENT OF VETERANS AFFAIRS PUBLIC WEBSITE FOR TOXIC 
      EXPOSURE RESEARCH.
    (a) Website.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall 
establish, and maintain thereafter, a publicly accessible internet 
website of the Department of Veterans Affairs that serves as a 
clearinghouse for the publication of all toxic exposure research 
carried out or funded by the executive branch of the Federal 
Government.
    (b) Coordination.--In carrying out subsection (a), the Secretary 
shall coordinate with--
        (1) the heads of each Federal agency carrying out or funding 
    toxic exposure research;
        (2) the War Related Illness and Injury Study Center of the 
    Department of Veterans Affairs, or successor center; and
        (3) any working group of the Department of Veterans Affairs or 
    other similar entity responsible for coordinating toxic exposure 
    research.
    (c) Definitions.--In this section:
        (1) Toxic exposure.--The term ``toxic exposure'' has the 
    meaning given that term in section 101 of title 38, United States 
    Code, as added by section 102(b).
        (2) Toxic exposure research.--The term ``toxic exposure 
    research'' means research on the health consequences of toxic 
    exposures experienced during service in the Armed Forces.
    SEC. 510. REPORT ON HEALTH EFFECTS OF JET FUELS USED BY ARMED 
      FORCES.
    (a) Initial Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives, and make publicly 
available, a report on health effects of jet fuels used by the Armed 
Forces.
    (b) Contents.--The report submitted under subsection (a) shall 
include the following:
        (1) A discussion of the effect of various different types of 
    jet fuels used by the Armed Forces on the health of individuals by 
    length of exposure.
        (2) An identification of the immediate symptoms of jet fuel 
    exposure that may indicate future health risks.
        (3) A chronology of health safeguards implemented by the Armed 
    Forces intended to reduce the exposure of members of the Armed 
    Forces to jet fuel.
        (4) An identification of any areas relating to jet fuel 
    exposure about which new research needs to be conducted.
    (c) Follow-up Report.--Not later than five years after the date of 
the submittal of the report under subsection (a), the Secretary shall 
submit to the committees referred to in such subsection an update to 
such report.

TITLE VI--IMPROVEMENT OF RESOURCES AND TRAINING REGARDING TOXIC-EXPOSED 
                                VETERANS

    SEC. 601. SHORT TITLE; DEFINITIONS.
    (a) Short Title.--This title may be cited as the ``Fairly Assessing 
Service-related Toxic Exposure Residuals Presumptions Act of 2022'' or 
the ``FASTER Presumption Act of 2022''.
    (b) Definitions.--In this title, the terms ``active military, 
naval, air, or space service'', ``toxic exposure'', and ``toxic-exposed 
veteran'' have the meanings given those terms in section 101 of title 
38, United States Code, as amended by section 102.
    SEC. 602. PUBLICATION OF LIST OF RESOURCES OF DEPARTMENT OF 
      VETERANS AFFAIRS FOR TOXIC-EXPOSED VETERANS AND VETERANS WHO 
      REPORT TOXIC EXPOSURES AND OUTREACH PROGRAM FOR SUCH VETERANS AND 
      CAREGIVERS AND SURVIVORS OF SUCH VETERANS.
    (a) Publication of List of Resources.--
        (1) In general.--Not later than one year after the date of the 
    enactment of this Act, and annually thereafter, the Secretary of 
    Veterans Affairs shall publish a list of resources of the 
    Department of Veterans Affairs for--
            (A) toxic-exposed veterans and veterans who report toxic 
        exposure;
            (B) families and caregivers of such veterans; and
            (C) survivors of such veterans who are receiving death 
        benefits under the laws administered by the Secretary.
        (2) Update.--The Secretary shall periodically update the list 
    published under paragraph (1).
    (b) Outreach.--The Secretary shall develop, with input from the 
community, an informative outreach program for veterans on illnesses 
that may be related to toxic exposures, including outreach with respect 
to benefits and support programs.
    SEC. 603. INCORPORATION OF TOXIC EXPOSURE SCREENING FOR VETERANS.
    (a) In General.--Beginning not later than 90 days after the date of 
the enactment of this Act, the Secretary of Veterans Affairs shall 
incorporate a screening to help determine potential toxic exposures 
during active military, naval, air, or space service as part of a 
health care screening furnished by the Department of Veterans Affairs 
to veterans enrolled in the system of annual patient enrollment of the 
Department established and operated under section 1705 of title 38, 
United States Code, to improve understanding by the Department of toxic 
exposures while serving in the Armed Forces.
    (b) Timing.--The Secretary shall ensure that a veteran described in 
subsection (a) completes the screening required under such subsection 
not less frequently than once every five years.
    (c) Determination of Questions.--
        (1) In general.--The questions included in the screening 
    required under subsection (a) shall be determined by the Secretary 
    with input from medical professionals.
        (2) Specific questions.--At a minimum, the screening required 
    under subsection (a) shall, with respect to a veteran, include--
            (A) a question about the potential exposure of the veteran 
        to an open burn pit; and
            (B) a question regarding toxic exposures that are commonly 
        associated with service in the Armed Forces.
        (3) Open burn pit defined.--In this subsection, the term ``open 
    burn pit'' means an area of land that--
            (A) is designated by the Secretary of Defense to be used 
        for disposing solid waste by burning in the outdoor air; and
            (B) does not contain a commercially manufactured 
        incinerator or other equipment specifically designed and 
        manufactured for the burning of solid waste.
    (d) Print Material.--In developing the screening established under 
subsection (a), the Secretary shall ensure that print materials 
complementary to such screening that outline related resources for 
veterans are available at each medical center of the Department to 
veterans who may not have access to the internet.
    (e) Screening Updates.--The Secretary shall consider updates to the 
content of the screening required under subsection (a) not less 
frequently than biennially to ensure the screening contains the most 
current information.
    SEC. 604. TRAINING FOR PERSONNEL OF THE DEPARTMENT OF VETERANS 
      AFFAIRS WITH RESPECT TO VETERANS WHO REPORT TOXIC EXPOSURES.
    (a) Health Care Personnel.--The Secretary of Veterans Affairs shall 
provide to health care personnel of the Department of Veterans Affairs 
education and training to identify, treat, and assess the impact on 
veterans of illnesses related to toxic exposures and inform such 
personnel of how to ask for additional information from veterans 
regarding different toxic exposures.
    (b) Benefits Personnel.--
        (1) In general.--The Secretary shall incorporate a training 
    program for processors of claims under the laws administered by the 
    Secretary who review claims for disability benefits relating to 
    service-connected disabilities based on toxic exposures.
        (2) Annual training.--Training provided to processors under 
    paragraph (1) shall be provided not less frequently than annually.

                         TITLE VII--RESOURCING

    SEC. 701. AUTHORITY TO USE APPROPRIATIONS TO ENHANCE CLAIMS 
      PROCESSING CAPACITY AND AUTOMATION.
    (a) Authority.--The Secretary of Veterans Affairs may use, from 
amounts appropriated to the Cost of War Toxic Exposures Fund 
established by section 324 of title 38, United States Code, as added by 
section 805 of this Act, such amounts as may be necessary to continue 
the modernization, development, and expansion of capabilities and 
capacity of information technology systems and infrastructure of the 
Veterans Benefits Administration, including for claims automation, to 
support expected increased claims processing for newly eligible 
veterans pursuant to this Act.
    (b) Plan for Modernization of Veterans Benefits Administration 
Information Technology Systems.--
        (1) In general.--Not later than 180 days after the date of the 
    enactment of this Act, the Secretary of Veterans Affairs shall 
    submit to the appropriate congressional committees a plan for the 
    modernization of the information technology systems of the Veterans 
    Benefits Administration. The plan shall cover the first fiscal year 
    that begins after the date of the enactment of this Act and the 
    subsequent four fiscal years and shall include each of the 
    following:
            (A) An identification of any information system to be 
        modernized or retired, if applicable, during the period covered 
        by the plan.
            (B) A description of how the Secretary intends to 
        incorporate the following principles into the modernization of 
        such information systems:
                (i) The purpose of automation should be to increase the 
            speed and accuracy of claims processing decisions.
                (ii) Automation should be conducted in a manner that 
            enhances the productivity of employees of the Department of 
            Veterans Affairs.
                (iii) Automation should be carried out in a manner that 
            achieves greater consistency in the processing and rating 
            of claims by relying on patterns of similar evidence in 
            claim files.
                (iv) To the greatest extent possible, automation should 
            be carried out by drawing from information in the 
            possession of the Department, other Government agencies, 
            and applicants for benefits.
                (v) Automation of any claims analysis or determination 
            process should not be end-to-end or lack intermediation.
                (vi) Employees of the Department should continue to 
            make decisions with respect to the approval of claims and 
            the granting of benefits.
                (vii) Automation should not be carried out in a manner 
            that reduces or infringes upon the due process rights of 
            applicants for benefits under the laws administered by the 
            Secretary; or the duties of the Secretary to assist and 
            notify claimants.
                (viii) Automation should be carried out while taking 
            all necessary measures to protect the privacy of claimants 
            and their personally identifiable information.
                (ix) Automation of claims processing should not 
            eliminate or reduce the workforce of the Veterans Benefits 
            Administration.
            (C) An identification of targets, for each fiscal year, by 
        which the Secretary intends to complete the modernization of 
        each information system or major component or functionality of 
        such system identified under subparagraph (A).
            (D) Cost estimates for the modernization of each 
        information system identified under paragraph (A) for each 
        fiscal year covered by the plan and in total.
        (2) Appropriate congressional committees.--In this section, the 
    term ``appropriate congressional committees'' means--
            (A) the Committee on Veterans' Affairs and the Subcommittee 
        on Military Construction, Veterans Affairs, and Related 
        Agencies of the Committee on Appropriations of the Senate; and
            (B) the Committee on Veterans' Affairs and the Subcommittee 
        on Military Construction, Veterans Affairs, and Related 
        Agencies of the Committee on Appropriations of the House of 
        Representatives.
    SEC. 702. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES OF 
      DEPARTMENT OF VETERANS AFFAIRS FOR FISCAL YEAR 2023.
    (a) In General.--The Secretary of Veterans Affairs may carry out 
the following major medical facility leases in fiscal year 2023:
        (1) Lease for an outpatient clinic in the vicinity of 
    Allentown, Pennsylvania, in an estimated amount of $31,832,000.
        (2) Lease for a facility for member services for the Veterans 
    Health Administration in the vicinity of Atlanta, Georgia, in an 
    estimated amount of $27,134,000.
        (3) Lease for an outpatient clinic in the vicinity of 
    Baltimore, Maryland, in an estimated amount of $43,041,000.
        (4) Lease for an outpatient clinic in the vicinity of Baton 
    Rouge, Louisiana, in an estimated amount of $29,550,000.
        (5) Lease for an outpatient clinic in the vicinity of Beaufort, 
    South Carolina, in an estimated amount of $24,254,000.
        (6) Lease for an outpatient clinic in the vicinity of Beaumont, 
    Texas, in an estimated amount of $15,632,000.
        (7) Lease for an outpatient clinic in the vicinity of Brainerd, 
    Minnesota, in an estimated amount of $14,669,000.
        (8) Lease for a facility for research in the vicinity of 
    Buffalo, New York, in an estimated amount of $11,106,000.
        (9) Lease for an outpatient clinic in the vicinity of 
    Clarksville, Tennessee, in an estimated amount of $75,135,000.
        (10) Lease of a facility for research in the vicinity of 
    Columbia, Missouri, in an estimated amount of $20,726,000.
        (11) Lease for an outpatient clinic in the vicinity of 
    Cookeville, Tennessee, in an estimated amount of $10,958,000.
        (12) Lease for a residential treatment facility in the vicinity 
    of Denver, Colorado, in an estimated amount of $9,133,000.
        (13) Lease for an outpatient clinic in the vicinity of 
    Elizabethtown, Kentucky, in an estimated amount of $16,671,000.
        (14) Lease for an outpatient clinic in the vicinity of 
    Farmington, Missouri, in an estimated amount of $17,940,000.
        (15) Lease for an outpatient clinic in the vicinity of Hampton, 
    Virginia, in an estimated amount of $63,085,000.
        (16) Lease for an outpatient clinic in the vicinity of 
    Jacksonville, North Carolina, in an estimated amount of 
    $61,450,000.
        (17) Lease for an outpatient clinic in the vicinity of Killeen, 
    Texas, in an estimated amount of $61,030,000.
        (18) Lease for an outpatient clinic in the vicinity of 
    Lawrence, Indiana, in an estimated amount of $15,811,000.
        (19) Lease for an outpatient clinic in the vicinity of Lecanto, 
    Florida, in an estimated amount of $15,373,000.
        (20) Lease for an outpatient clinic in the vicinity of 
    Nashville, Tennessee, in an estimated amount of $58,038,000.
        (21) Lease for an outpatient clinic in the vicinity of North 
    Kansas City, Missouri, in an estimated amount of $40,027,000.
        (22) Lease for an outpatient clinic in the vicinity of 
    Pflugerville, Texas, in an estimated amount of $16,654,000.
        (23) Lease for an outpatient clinic in the vicinity of Plano, 
    Texas, in an estimated amount of $32,796,000.
        (24) Lease for an outpatient clinic in the vicinity of Prince 
    George's County, Maryland, in an estimated amount of $31,754,000.
        (25) Lease for an outpatient clinic in the vicinity of Rolla, 
    Missouri, in an estimated amount of $21,352,000.
        (26) Lease for an outpatient clinic in the vicinity of Salt 
    Lake City, Utah, in an estimated amount of $29,466,000.
        (27) Lease for an outpatient clinic in the vicinity of 
    Sarasota, Florida, in an estimated amount of $36,517,000.
        (28) Lease for an outpatient clinic in the vicinity of 
    Springfield, Massachusetts, in an estimated amount of $30,918,000.
        (29) Lease for a community living center in the vicinity of 
    Tampa, Florida, in an estimated amount of $51,682,000.
        (30) Lease for an outpatient clinic in the vicinity of The 
    Villages, Florida, in an estimated amount of $48,267,000.
        (31) Lease for an outpatient clinic in the vicinity of Tri-
    Cities, Washington, in an estimated amount of $36,136,000.
    (b) Treatment of Authorizations.--The authorization of leases under 
subsection (a) shall be considered to be a specific authorization by 
law of the funds for such leases for purposes of section 8104(a)(2) of 
title 38, United States Code, as in effect on the day before the date 
of the enactment of this Act.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Veterans Affairs for fiscal year 2023, 
or the year in which funds are appropriated for the Medical Facilities 
account, $998,137,000 for the leases authorized in subsection (a).
    SEC. 703. TREATMENT OF MAJOR MEDICAL FACILITY LEASES OF THE 
      DEPARTMENT OF VETERANS AFFAIRS.
    (a) Congressional Approval of Major Medical Facility Leases.--
Paragraph (2) of subsection (a) of section 8104 of title 38, United 
States Code, is amended--
        (1) by striking ``No funds'' and inserting ``(A) No funds'';
        (2) by striking ``or any major medical facility lease'';
        (3) by striking ``or lease''; and
        (4) by adding at the end the following new subparagraph:
        ``(B) No funds may be appropriated for any fiscal year, and the 
    Secretary may not obligate or expend funds (other than for advance 
    planning and design), for any major medical facility lease unless 
    the Committee on Veterans' Affairs of the Senate and the Committee 
    on Veterans' Affairs of the House of Representatives each adopt a 
    resolution approving the lease.''.
    (b) Modification of Definition of Major Medical Facility Lease.--
Subparagraph (B) of paragraph (3) of such subsection is amended to read 
as follows:
        ``(B) The term `major medical facility lease'--
            ``(i) means a lease for space for use as a new medical 
        facility approved through the General Services Administration 
        under section 3307(a) of title 40 at an average annual rent 
        equal to or greater than the appropriate dollar threshold 
        described in such section, which shall be subject to annual 
        adjustment in accordance with section 3307(h) of such title; 
        and
            ``(ii) does not include a lease for space for use as a 
        shared Federal medical facility for which the Department's 
        estimated share of the lease costs does not exceed such dollar 
        threshold.''.
    (c) Separate Prospectus Requirement for Major Medical Facility 
Leases.--Subsection (b) of such section is amended--
        (1) by striking paragraph (7);
        (2) in paragraph (1), by redesignating subparagraphs (A) 
    through (E) as clauses (i) through (v), respectively;
        (3) in paragraph (6), by redesignating subparagraphs (A) 
    through (C) as clauses (i) through (iii), respectively;
        (4) by redesignating paragraphs (1) through (6) as 
    subparagraphs (A) through (F), respectively;
        (5) in the matter preceding subparagraph (A), as redesignated 
    by paragraph (4)--
            (A) by striking ``Whenever the President'' and inserting 
        ``(1) Whenever the President'';
            (B) by striking ``the Congress'' and inserting 
        ``Congress''; and
            (C) by striking ``or a major medical facility lease (as 
        defined in subsection (a)(3)(b))'';
        (6) in subparagraph (A), as redesignated by paragraph (4), by 
    striking ``leased,'';
        (7) in subparagraph (E), as redesignated by paragraph (4)--
            (A) by striking ``or lease'' each place it appears; and
            (B) by striking ``or leases''; and
        (8) by adding at the end the following new paragraph:
    ``(2) Whenever the President or the Secretary submit to Congress a 
request for the funding of a major medical facility lease (as defined 
in subsection (a)(3)(B)), the Secretary shall submit to each committee, 
on the same day, a prospectus of the proposed medical facility. Any 
such prospectus shall include the following:
        ``(A) A description of the facility to be leased.
        ``(B) An estimate of the cost to the Federal Government of the 
    facility to be leased.
        ``(C) An estimate of the energy performance of the proposed 
    lease space, to include a description of anticipated utilization of 
    renewable energy, energy efficient and climate resilient elements, 
    and related matters.
        ``(D) Current and projected workload and utilization data 
    regarding the facility to be leased, including information on 
    projected changes in workload and utilization over a five-year 
    period, a ten-year period, and a twenty-year period.
        ``(E) A detailed analysis of how the lease is expected to 
    comply with Office of Management and Budget Circular A-11 and 
    section 1341 of title 31 (commonly referred to as the `Anti-
    Deficiency Act'). Any such analysis shall include--
            ``(i) an analysis of the classification of the lease as a 
        `lease purchase', a `capital lease', or an `operating lease' as 
        those terms are defined in Office of Management and Budget 
        Circular A-11;
            ``(ii) an analysis of the obligation of budgetary resources 
        associated with the lease; and
            ``(iii) an analysis of the methodology used in determining 
        the asset cost, fair market value, and cancellation costs of 
        the lease.''.
    (d) Interim Leasing Actions.--Such section is further amended by 
adding at the end the following new subsection:
    ``(i)(1) Notwithstanding subsection (a)(2)(B), the Secretary may 
carry out interim leasing actions as the Secretary considers necessary 
for the following leases:
        ``(A) Major medical facility leases (as defined in subsection 
    (a)(3)(B)) approved pursuant to this section and for which a 
    prospectus for a replacement lease has been submitted to Congress 
    pursuant to subsection (b)(2).
        ``(B) Replacement leases that do not require approval under 
    this section and for which a prospectus has been submitted to 
    Congress pursuant to subsection (b)(2).
    ``(2) In this subsection, the term `interim leasing actions' has 
the meaning given that term by the Administrator of the General 
Services Administration.''.
    (e) Purchase Options.--Such section is further amended by adding at 
the end the following new subsection:
    ``(j) The Secretary may obligate and expend funds to exercise a 
purchase option included in any major medical facility lease (as 
defined in subsection (a)(3)(B)).''.
    (f) Applicability.--The amendments made by this section shall apply 
with respect to any lease that has not been specifically authorized by 
law on or before the date of the enactment of this Act.
    SEC. 704. AUTHORITY TO ENTER INTO AGREEMENTS WITH ACADEMIC 
      AFFILIATES AND OTHER ENTITIES TO ACQUIRE SPACE FOR THE PURPOSE OF 
      PROVIDING HEALTH-CARE RESOURCES TO VETERANS.
    Section 8103 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h)(1) Notwithstanding any other provision of law requiring the 
use of competitive procedures, including section 2304 of title 10, when 
the Secretary determines it to be in the best interest of the 
Department, the Secretary may enter into a lease with an academic 
affiliate or covered entity to acquire space for the purpose of 
providing health-care resources to veterans.
    ``(2) In this subsection:
        ``(A) The term `academic affiliate' means an institution or 
    organization described in section 7302(d) of this title.
        ``(B) The term `covered entity' means a unit or subdivision of 
    a State, local, or municipal government, public or nonprofit 
    agency, institution, or organization, or other institution or 
    organization as the Secretary considers appropriate that owns 
    property controlled by an academic affiliate to be leased under 
    this subsection.
        ``(C) The term `health -care resource' has the meaning given 
    that term in section 8152(1) of this title.
        ``(D) The term `space' means any room, unit, floor, wing, 
    building, parking facility, or other subdivision of a building or 
    facility owned or controlled by an academic affiliate.''.
    SEC. 705. MODIFICATIONS TO ENHANCED-USE LEASE AUTHORITY OF 
      DEPARTMENT OF VETERANS AFFAIRS.
    (a) Modifications to Authority.--Paragraph (2) of section 8162(a) 
of title 38, United States Code, is amended to read as follows:
    ``(2)(A) The Secretary may enter into an enhanced-use lease on or 
after the date of the enactment of this paragraph only if the Secretary 
determines--
        ``(i) that the lease will not be inconsistent with, and will 
    not adversely affect--
            ``(I) the mission of the Department; or
            ``(II) the operation of facilities, programs, and services 
        of the Department in the area of the leased property; and
        ``(ii) that--
            ``(I) the lease will enhance the use of the leased property 
        by directly or indirectly benefitting veterans; or
            ``(II) the leased property will provide supportive housing.
    ``(B) The Secretary shall give priority to enhanced-use leases 
that, on the leased property--
        ``(i) provide supportive housing for veterans;
        ``(ii) provide direct services or benefits targeted to 
    veterans; or
        ``(iii) provide services or benefits that indirectly support 
    veterans.''.
    (b) Extension of Maximum Term of Enhanced-use Lease.--Section 
8162(b)(2) of such title is amended by striking ``75 years'' and 
inserting ``99 years''.
    (c) Modification of Use of Proceeds.--Section 8165(a)(1) of such 
title is amended by striking ``shall be deposited in the Department of 
Veterans Affairs Medical Care Collections Fund established under 
section 1729A of this title.'' and inserting ``shall, at the discretion 
of the Secretary, be deposited in--
        ``(A) the Department of Veterans Affairs Medical Care 
    Collections Fund established under section 1729A of this title; or
        ``(B) the Medical Facilities or Construction, Minor Projects 
    account of the Department to be used to defray the costs of 
    administration, maintenance, repair, and related expenses incurred 
    by the Department with respect to property that is owned by or 
    under the jurisdiction or control of the Department.''.
    (d) Repeal of Sunset.--Section 8169 of such title is repealed.
    (e) Appropriation.--In addition to amounts otherwise available, 
there is appropriated for fiscal year 2022, out of any funds in the 
Treasury not otherwise appropriated, $922,000,000 for an additional 
amount for the Department of Veterans Affairs, to remain available 
until expended, to enter into enhanced-use leases pursuant to section 
8162 of title 38, United States Code, as amended by this section.
    SEC. 706. AUTHORITY FOR JOINT LEASING ACTIONS OF DEPARTMENT OF 
      DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS.
    (a) Department of Defense.--Section 1104A of title 10, United 
States Code, is amended--
        (1) by inserting ``, or the leasing,'' after ``design, and 
    construction'' each place it appears; and
        (2) in subsection (c)(2), by inserting ``, or the leasing,'' 
    after ``design''.
    (b) Department of Veterans Affairs.--Section 8111B of title 38, 
United States Code, is amended--
        (1) in subsection (a), by inserting ``, or the leasing,'' after 
    ``design, and construction'';
        (2) in subsection (b), by adding at the end the following new 
    paragraph:
    ``(3) The Secretary of Veterans Affairs may transfer to the 
Department of Defense amounts appropriated to the `Medical Facilities' 
account of the Department of Veterans Affairs for the purpose of 
leasing space for a shared medical facility if the estimated share of 
the Department of Veterans Affairs for the lease costs does not exceed 
the amount specified in section 8104(a)(3)(B) of this title.''; and
        (3) in subsection (c), by adding at the end the following new 
    paragraph:
    ``(3) Any amount transferred to the Secretary of Veterans Affairs 
by the Secretary of Defense for the purpose of leasing space for a 
shared medical facility may be credited to the `Medical Facilities' 
account of the Department of Veterans Affairs and may be used for such 
purpose.''.
    SEC. 707. APPROPRIATION OF AMOUNTS FOR MAJOR MEDICAL FACILITY 
      LEASES.
    (a) Fiscal Year 2023.--In addition to amounts otherwise available, 
there is appropriated for fiscal year 2023, out of any funds in the 
Treasury not otherwise appropriated, $1,880,000,000 for an additional 
amount for the Medical Facilities account of the Department of Veterans 
Affairs, to remain available until expended, for major medical facility 
leases authorized by section 702.
    (b) Additional Years.--In addition to amounts otherwise available, 
there is appropriated, out of any funds in the Treasury not otherwise 
appropriated, for an additional amount for the Medical Facilities 
account of the Department of Veterans Affairs, to remain available 
until expended, for major medical facility leases authorized by section 
702 or approved pursuant to subchapter I of chapter 81 of title 38, 
United States Code, as amended by section 703--
        (1) $100,000,000 for fiscal year 2024;
        (2) $200,000,000 for fiscal year 2025;
        (3) $400,000,000 for fiscal year 2026;
        (4) $450,000,000 for fiscal year 2027;
        (5) $600,000,000 for fiscal year 2028;
        (6) $610,000,000 for fiscal year 2029;
        (7) $620,000,000 for fiscal year 2030; and
        (8) $650,000,000 for fiscal year 2031.

                 TITLE VIII--RECORDS AND OTHER MATTERS

    SEC. 801. EPIDEMIOLOGICAL STUDY ON FORT MCCLELLAN VETERANS.
    The Secretary of Veterans Affairs shall conduct an epidemiological 
study on the health trends of veterans who served in the Armed Forces 
at Fort McClellan at any time during the period beginning January 1, 
1935, and ending on May 20, 1999.
    SEC. 802. BIENNIAL BRIEFING ON INDIVIDUAL LONGITUDINAL EXPOSURE 
      RECORD.
    (a) In General.--Not later than one year after the date on which 
the Individual Longitudinal Exposure Record achieves full operational 
capability, as determined by the Secretary of Defense, and every two 
years thereafter, the Secretary of Defense, in consultation with the 
Secretary of Veterans Affairs, shall provide the appropriate committees 
of Congress a briefing on--
        (1) the quality of the databases of the Department of Defense 
    that provide the information presented in such Individual 
    Longitudinal Exposure Record; and
        (2) the usefulness of such Individual Longitudinal Exposure 
    Record or system in supporting members of the Armed Forces and 
    veterans in receiving health care and benefits from the Department 
    of Defense and the Department of Veterans Affairs.
    (b) Elements.--Each briefing required by subsection (a) shall 
include, for the period covered by the report, the following:
        (1) An identification of potential exposures to occupational or 
    environmental hazards captured by the current systems of the 
    Department of Defense for environmental, occupational, and health 
    monitoring, and recommendations for how to improve those systems.
        (2) An analysis of the quality and accuracy of the location 
    data used by the Department of Defense in determining potential 
    exposures to occupational or environmental hazards by members of 
    the Armed Forces and veterans, and recommendations for how to 
    improve the quality of such data if necessary.
    (c) Definitions.--In this section:
        (1) Appropriate committees of congress.--The term ``appropriate 
    committees of Congress'' means--
            (A) the Committee on Armed Services and the Committee on 
        Veterans' Affairs of the Senate; and
            (B) the Committee on Armed Services and the Committee on 
        Veterans' Affairs of the House of Representatives.
        (2) Individual longitudinal exposure record.--The term 
    ``Individual Longitudinal Exposure Record'' has the meaning given 
    such term in section 1171 of title 38, United States Code, as added 
    by section 202.
    SEC. 803. CORRECTION OF EXPOSURE RECORDS BY MEMBERS OF THE ARMED 
      FORCES AND VETERANS.
    (a) In General.--The Secretary of Veterans Affairs shall coordinate 
with the Secretary of Defense to provide a means for veterans to update 
their records as necessary to reflect exposures to occupational or 
environmental hazards by such member or veteran in the Individual 
Longitudinal Exposure Record.
    (b) Evidence.--
        (1) Provision of evidence.--To update a record under subsection 
    (a), a veteran shall provide such evidence as the Secretary of 
    Veterans Affairs considers necessary.
        (2) Regulations.--The Secretary of Veterans Affairs shall 
    prescribe by regulation the evidence considered necessary under 
    paragraph (1).
    (c) Definitions.--In this section:
        (1) Individual longitudinal exposure record.--The term 
    ``Individual Longitudinal Exposure Record'' has the meaning given 
    such term in section 1171 of title 38, United States Code, as added 
    by section 202.
        (2) Toxic exposure.--The term ``toxic exposure'' has the 
    meaning given such term in section 101 of title 38, United States 
    Code, as amended by section 102(b).
    SEC. 804. FEDERAL CAUSE OF ACTION RELATING TO WATER AT CAMP 
      LEJEUNE, NORTH CAROLINA.
    (a) Short Title.--This section may be cited as the ``Camp Lejeune 
Justice Act of 2022''.
    (b) In General.--An individual, including a veteran (as defined in 
section 101 of title 38, United States Code), or the legal 
representative of such an individual, who resided, worked, or was 
otherwise exposed (including in utero exposure) for not less than 30 
days during the period beginning on August 1, 1953, and ending on 
December 31, 1987, to water at Camp Lejeune, North Carolina, that was 
supplied by, or on behalf of, the United States may bring an action in 
the United States District Court for the Eastern District of North 
Carolina to obtain appropriate relief for harm that was caused by 
exposure to the water at Camp Lejeune.
    (c) Burdens and Standard of Proof.--
        (1) In general.--The burden of proof shall be on the party 
    filing the action to show one or more relationships between the 
    water at Camp Lejeune and the harm.
        (2) Standards.--To meet the burden of proof described in 
    paragraph (1), a party shall produce evidence showing that the 
    relationship between exposure to the water at Camp Lejeune and the 
    harm is--
            (A) sufficient to conclude that a causal relationship 
        exists; or
            (B) sufficient to conclude that a causal relationship is at 
        least as likely as not.
    (d) Exclusive Jurisdiction and Venue.--The United States District 
Court for the Eastern District of North Carolina shall have exclusive 
jurisdiction over any action filed under subsection (b), and shall be 
the exclusive venue for such an action. Nothing in this subsection 
shall impair the right of any party to a trial by jury.
    (e) Exclusive Remedy.--
        (1) In general.--An individual, or legal representative of an 
    individual, who brings an action under this section for a harm 
    described in subsection (b), including a latent disease, may not 
    thereafter bring a tort action against the United States for such 
    harm pursuant to any other law.
        (2) Health and disability benefits relating to water 
    exposure.--Any award made to an individual, or legal representative 
    of an individual, under this section shall be offset by the amount 
    of any disability award, payment, or benefit provided to the 
    individual, or legal representative--
            (A) under--
                (i) any program under the laws administered by the 
            Secretary of Veterans Affairs;
                (ii) the Medicare program under title XVIII of the 
            Social Security Act (42 U.S.C. 1395 et seq.); or
                (iii) the Medicaid program under title XIX of the 
            Social Security Act (42 U.S.C. 1396 et seq.); and
            (B) in connection with health care or a disability relating 
        to exposure to the water at Camp Lejeune.
    (f) Immunity Limitation.--The United States may not assert any 
claim to immunity in an action under this section that would otherwise 
be available under section 2680(a) of title 28, United States Code.
    (g) No Punitive Damages.--Punitive damages may not be awarded in 
any action under this section.
    (h) Disposition by Federal Agency Required.--An individual may not 
bring an action under this section before complying with section 2675 
of title 28, United States Code.
    (i) Exception for Combatant Activities.--This section does not 
apply to any claim or action arising out of the combatant activities of 
the Armed Forces.
    (j) Applicability; Period for Filing.--
        (1) Applicability.--This section shall apply only to a claim 
    accruing before the date of enactment of this Act.
        (2) Statute of limitations.--A claim in an action under this 
    section may not be commenced after the later of--
            (A) the date that is two years after the date of enactment 
        of this Act; or
            (B) the date that is 180 days after the date on which the 
        claim is denied under section 2675 of title 28, United States 
        Code.
        (3) Inapplicability of other limitations.--Any applicable 
    statute of repose or statute of limitations, other than under 
    paragraph (2), shall not apply to a claim under this section.
    SEC. 805. COST OF WAR TOXIC EXPOSURES FUND.
    (a) In General.--Chapter 3 is amended by adding at the end the 
following new section:
``Sec. 324. Cost of War Toxic Exposures Fund
    ``(a) Establishment.--There is hereby established in the Treasury 
of the United States an account to be known as the `Cost of War Toxic 
Exposures Fund' (the `Fund'), to be administered by the Secretary.
    ``(b) Deposits.--There shall be deposited in the Fund such amounts 
as may be appropriated to the Fund pursuant to subsection (c).
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Fund for fiscal year 2023 and each subsequent 
fiscal year such sums as are necessary to increase funding, over the 
fiscal year 2021 level, for investment in--
        ``(1) the delivery of veterans' health care associated with 
    exposure to environmental hazards in the active military, naval, 
    air, or space service in programs administered by the Under 
    Secretary for Health;
        ``(2) any expenses incident to the delivery of veterans' health 
    care and benefits associated with exposure to environmental hazards 
    in the active military, naval, air, or space service, including 
    administrative expenses, such as information technology and claims 
    processing and appeals, and excluding leases as authorized or 
    approved under section 8104 of this title; and
        ``(3) medical and other research relating to exposure to 
    environmental hazards.
    ``(d) Budget Scorekeeping.--(1) Immediately upon enactment of the 
Sergeant First Class Heath Robinson Honoring our Promise to Address 
Comprehensive Toxics Act of 2022, expenses authorized to be 
appropriated to the Fund in subsection (c) shall be estimated for 
fiscal year 2023 and each subsequent fiscal year and treated as budget 
authority that is considered to be direct spending--
        ``(A) in the baseline for purposes of section 257 of the 
    Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
    907);
        ``(B) by the Chairman of the Committee on the Budget of the 
    Senate and the Chair of the Committee on the Budget of the House of 
    Representatives, as appropriate, for purposes of budget enforcement 
    in the Senate and the House of Representatives;
        ``(C) under the Congressional Budget Act of 1974 (2 U.S.C. 621 
    et seq.), including in the reports required by section 308(b) of 
    such Act (2 U.S.C. 639); and
        ``(D) for purposes of the Statutory Pay-As-You-Go Act of 2010 
    (2 U.S.C. 931 et seq.).
    ``(2) No amount appropriated to the Fund in fiscal year 2023 or any 
subsequent fiscal year pursuant to this section shall be counted as 
discretionary budget authority and outlays or as direct spending for 
any estimate of an appropriation Act under the Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) and any other 
Act.
    ``(3) Notwithstanding the Budget Scorekeeping Guidelines and the 
accompanying list of programs and accounts set forth in the joint 
explanatory statement of the committee of conference accompanying 
Conference Report 105-217, and for purposes of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) and the 
Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), the Fund shall 
be treated as if it were an account designated as `Appropriated 
Entitlements and Mandatories for Fiscal Year 1997' in the joint 
explanatory statement of the committee of conference accompanying 
Conference Report 105-217.
    ``(e) Estimates for Congressional Consideration.--The Secretary 
shall include in documents submitted to Congress in support of the 
President's budget submitted pursuant to section 1105 of title 31 
detailed estimates of the sums described in subsection (c) for the 
applicable fiscal year.
    ``(f) Procedures for Estimates.--The Secretary may, after 
consultation with the Committee on Appropriations of the Senate and the 
Committee on Appropriations of the House of Representatives, establish 
policies and procedures for developing the annual detailed estimates 
required by subsection (e).''.
    (b) Sequestration.--Section 256(h)(4) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 906(h)(4)) is amended 
by adding at the end the following new subparagraph:
            ``(G) Cost of War Toxic Exposures Fund.''.
    SEC. 806. APPROPRIATION FOR FISCAL YEAR 2022.
    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated for fiscal year 2022, out of any funds in the 
Treasury not otherwise appropriated, $500,000,000 for the Cost of War 
Toxic Exposures Fund, established by section 324 of title 38, United 
States Code, as added by section 805 of this Act, to remain available 
until September 30, 2024.
    (b) Spend Plan.--Not later than 30 days after enactment of this 
Act, the Secretary of Veterans Affairs shall submit a plan for 
expending amounts made available by subsection (a) by program, project 
or activity to the Committee on Appropriations of the Senate and the 
Committee on Appropriations of the House of Representatives. Funds may 
not be obligated until such Committees issue an approval, or absent a 
response, a period of 30 days has elapsed.
    SEC. 807. AUTHORIZATION OF ELECTRONIC NOTICE IN CLAIMS UNDER LAWS 
      ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
    (a) In General.--Title 38, United States Code, is amended as 
follows:
        (1) By striking section 5100 and inserting the following:
``Sec. 5100. Definitions
    ``In this chapter:
        ``(1) The term `claimant' means any individual applying for, or 
    submitting a claim for, any benefit under the laws administered by 
    the Secretary.
        ``(2) The term `notice' means a communication issued through 
    means (including electronic means) prescribed by the Secretary.''.
        (2) In section 5104, by adding at the end the following new 
    subsection:
    ``(c) The Secretary may provide notice under subsection (a) 
electronically if a claimant (or the claimant's representative) elects 
to receive such notice electronically. A claimant (or the claimant's 
representative) may revoke such an election at any time, by means 
prescribed by the Secretary.
    ``(d) The Secretary shall annually--
        ``(1) solicit recommendations from stakeholders on how to 
    improve notice under this section; and
        ``(2) publish such recommendations on a publicly available 
    website of the Department.''.
        (3) In section 5104B(c), in the matter preceding paragraph (1) 
    by striking ``in writing'' and inserting ``to the claimant (and any 
    representative of such claimant)''.
        (4) In section 5112(b)(6), by striking ``(at the payee's last 
    address of record)''.
        (5) In section 7104--
            (A) in the heading, by adding ``; decisions; notice'' at 
        the end; and
            (B) by striking subsection (e) and inserting the following:
    ``(e) After reaching a decision on an appeal, the Board shall 
promptly issue notice (as that term is defined in section 5100 of this 
title) of such decision to the following:
        ``(1) The appellant.
        ``(2) Any other party with a right to notice of such decision.
        ``(3) Any authorized representative of the appellant or party 
    described in paragraph (2).
    ``(f)(1) The Secretary may provide notice under subsection (e) 
electronically if a claimant (or the claimant's representative) elects 
to receive such notice electronically.
    ``(2) A claimant (or the claimant's representative) may revoke such 
an election at any time, by means prescribed by the Secretary.''.
        (6) In section 7105(b)(1)(A), by striking ``mailing'' and 
    inserting ``issuance''.
        (7) In section 7105A(a), by striking ``mailed'' and inserting 
    ``issued''.
        (8) In section 7266(a), by striking ``mailed'' and inserting 
    ``issued''.
    (b) Rule of Construction.--None of the amendments made by this 
section shall be construed to apply section 5104(a) of such title to 
decisions of the Board of Veterans' Appeals under chapter 71 of such 
title.
    SEC. 808. BURN PIT TRANSPARENCY.
    (a) Annual Report on Disability Claims.--
        (1) In general.--Not later than 180 days after the date of the 
    enactment of this Act, and annually thereafter, the Secretary of 
    Veterans Affairs shall submit to the appropriate congressional 
    committees a report detailing the following:
            (A) The total number of covered veterans.
            (B) The total number of claimed issues for disability 
        compensation under chapter 11 of title 38, United States Code, 
        approved and the total number denied by the Secretary of 
        Veterans Affairs with respect to a covered veteran, and a 
        breakdown of the reasons for the denials.
            (C) A comprehensive list of the top 10 conditions from each 
        body system for which the Secretary awarded service connection 
        for covered veterans.
            (D) Any updates or trends with respect to the information 
        described in subparagraphs (A), (B), and (C), that the 
        Secretary determines appropriate.
        (2) Covered veteran defined.--In this subsection, the term 
    ``covered veteran'' means a veteran who deployed to the Southwest 
    Asia theater of operations any time after August 1990, or 
    Afghanistan, Syria, Djibouti, or Uzbekistan after September 19, 
    2001, and who submits a claim for disability compensation under 
    chapter 11 of title 38, United States Code.
    (b) Information Regarding the Airborne Hazards and Open Burn Pit 
Registry.--
        (1) Notice.--The Secretary of Veterans Affairs shall ensure 
    that a medical professional of the Department of Veterans Affairs 
    informs a veteran of the Airborne Hazards and Open Burn Pit 
    Registry if the veteran presents at a medical facility of the 
    Department for treatment that the veteran describes as being 
    related to, or ancillary to, the exposure of the veteran to toxic 
    airborne chemicals and fumes caused by open burn pits.
        (2) Display.--In making information public regarding the number 
    of participants in the Airborne Hazards and Open Burn Pit Registry, 
    the Secretary shall display such numbers by both State and by 
    congressional district.
    (c) Definitions.--In this section:
        (1) Airborne hazards and open burn pit registry.--The term 
    ``Airborne Hazards and Open Burn Pit Registry'' means the registry 
    established by the Secretary of Veterans Affairs under section 201 
    of the Dignified Burial and Other Veterans' Benefits Improvement 
    Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note).
        (2) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means--
            (A) the Committee on Veterans' Affairs and the Committee on 
        Armed Services of the Senate; and
            (B) The Committee on Veterans' Affairs and the Committee on 
        Armed Services of the House of Representatives.
        (3) Open burn pit.--The term ``open burn pit'' has the meaning 
    given that term in section 201(c) of the Dignified Burial and Other 
    Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 
    U.S.C. 527 note).

  TITLE IX--IMPROVEMENT OF WORKFORCE OF DEPARTMENT OF VETERANS AFFAIRS

    SEC. 901. NATIONAL RURAL RECRUITMENT AND HIRING PLAN FOR VETERANS 
      HEALTH ADMINISTRATION.
    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Veterans Affairs, in 
collaboration with the directors of each community-based outpatient 
clinic and medical center of the Department of Veterans Affairs, shall 
develop and implement a national rural recruitment and hiring plan for 
the Veterans Health Administration to--
        (1) recruit health care professionals for rural and highly 
    rural community-based outpatient clinics and rural and highly rural 
    medical centers of the Department;
        (2) determine which such clinics or centers have a staffing 
    shortage of health care professionals;
        (3) develop best practices and techniques for recruiting health 
    care professionals for such clinics and centers;
        (4) not less frequently than annually, provide virtually based, 
    on-demand training to human resources professionals of the Veterans 
    Health Administration on the best practices and techniques 
    developed under paragraph (3); and
        (5) provide recruitment resources, such as pamphlets and 
    marketing material to--
            (A) Veterans Integrated Service Networks of the Department;
            (B) rural and highly rural community-based outpatient 
        clinics of the Department; and
            (C) rural and highly rural medical centers of the 
        Department.
    (b) Annual Report.--Not later than 18 months after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
that includes--
        (1) the plan developed and implemented under subsection (a); 
    and
        (2) an assessment of the outcomes related to recruitment and 
    retention of employees of the Veterans Health Administration at 
    rural and highly rural facilities of the Department.
    (c) Definitions.--In this section, the terms ``rural'' and ``highly 
rural'' have the meanings given those terms under the rural-urban 
commuting areas coding system of the Department of Agriculture.
    SEC. 902. AUTHORITY TO BUY OUT SERVICE CONTRACTS FOR CERTAIN HEALTH 
      CARE PROFESSIONALS IN EXCHANGE FOR EMPLOYMENT AT RURAL OR HIGHLY 
      RURAL FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS.
    (a) In General.--For any covered health care professional to whom 
the Secretary of Veterans Affairs has offered employment with the 
Department of Veterans Affairs, the Secretary may buy out the non-
Department service contract of such individual in exchange for such 
individual agreeing to be employed at a rural or highly rural facility 
of the Department for a period of obligated service specified in 
subsection (c).
    (b) Payment of Amounts.--
        (1) In general.--Payment of any amounts for a buy out of a 
    service contract for a covered health care professional under 
    subsection (a) shall be made directly to the individual or entity 
    with respect to which the covered health care professional has a 
    service obligation under such contract.
        (2) Limitation on total amount.--The total amount paid by the 
    Department under this section shall not exceed $40,000,000 per 
    fiscal year.
    (c) Obligated Service.--In exchange for a contract buy out under 
subsection (a), a covered health care professional shall agree to be 
employed for not less than four years at a rural or highly rural 
facility of the Department.
    (d) Liability.--
        (1) In general.--Except as provided in paragraph (2), if a 
    covered health care professional fails for any reason to complete 
    the period of obligated service of the individual under subsection 
    (c), the United States shall be entitled to recover from the 
    individual an amount equal to--
            (A) the total amount paid under subsection (a) to buy out 
        the non-Department service contract of the individual; 
        multiplied by
            (B) a fraction--
                (i) the numerator of which is--

                    (I) the total number of months in the period of 
                obligated service of the individual; minus
                    (II) the number of months served by the individual; 
                and

                (ii) the denominator of which is the total number of 
            months in the period of obligated service of the 
            individual.
        (2) Exception.--Liability shall not arise under paragraph (1) 
    in the case of an individual covered by that paragraph if the 
    individual does not obtain, or fails to maintain, employment as an 
    employee of the Department due to staffing changes approved by the 
    Under Secretary for Health.
    (e) Annual Report.--
        (1) In general.--Not later than 18 months after the date of the 
    enactment of this Act, and not less frequently than annually 
    thereafter, the Secretary of Veterans Affairs shall submit to the 
    Committee on Veterans' Affairs of the Senate and the Committee on 
    Veterans' Affairs of the House of Representatives a report on the 
    use by the Secretary of the authority under this section.
        (2) Elements.--Each report required by paragraph (1) shall 
    include the following:
            (A) The number of health care professionals for whom a 
        service contract buyout payment was made under subsection (a) 
        in the previous fiscal year, disaggregated by occupation or 
        specialty.
            (B) The average, highest, and lowest amount of the service 
        contract buyout payments made under subsection (a) for each 
        occupation or specialty in the previous fiscal year.
            (C) Each location where contract buyout authority under 
        subsection (a) was utilized and the number of covered health 
        care professionals who agreed to be employed at such location 
        in the previous fiscal year.
    (f) Definitions.--In this section:
        (1) Covered health care professional.--The term ``covered 
    health care professional'' means a physician, nurse anesthetist, 
    physician assistant, or nurse practitioner offered employment with 
    the Department regardless of the authority under which such 
    employment is offered.
        (2) Rural; highly rural.--The terms ``rural'' and ``highly 
    rural'' have the meanings given those terms under the rural-urban 
    commuting areas coding system of the Department of Agriculture.
    (g) Sunset.--This section shall terminate on September 30, 2027.
    SEC. 903. QUALIFICATIONS FOR HUMAN RESOURCES POSITIONS WITHIN 
      DEPARTMENT OF VETERANS AFFAIRS AND PLAN TO RECRUIT AND RETAIN 
      HUMAN RESOURCES EMPLOYEES.
    (a) Establishment of Qualifications.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Veterans 
Affairs shall--
        (1) establish qualifications for each human resources position 
    within the Department of Veterans Affairs in coordination with the 
    Office of Personnel Management;
        (2) establish standardized performance metrics for each such 
    position; and
        (3) submit to the Committee on Veterans' Affairs of the Senate 
    and the Committee on Veterans' Affairs of the House of 
    Representatives a report containing the qualifications and 
    standardized performance metrics established under paragraphs (1) 
    and (2).
    (b) Improvement of Human Resources Actions.--Not later than 90 days 
after the date of the enactment of this Act, the Secretary shall 
establish or enhance systems of the Department to monitor the hiring 
and other human resources actions that occur at the local, regional, 
and national levels of the Department to improve the performance of 
those actions.
    (c) Report.--Not later than one year after the establishment of the 
qualifications and performance metrics under subsection (a), the 
Comptroller General of the United States shall submit to the Committee 
on Veterans' Affairs of the Senate and the Committee on Veterans' 
Affairs of the House of Representatives a report containing--
        (1) a description of the implementation of such qualifications 
    and performance metrics;
        (2) an assessment of the quality of such qualifications and 
    performance metrics;
        (3) an assessment of performance and outcomes based on such 
    metrics; and
        (4) such other matters as the Comptroller General considers 
    appropriate.
    (d) Plan to Recruit and Retain Human Resources Employees.--Not 
later than one year after the date of the enactment of this Act, the 
Secretary of Veterans Affairs shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a plan for the recruitment and 
retention of human resources employees within the Department of 
Veterans Affairs.
    SEC. 904. MODIFICATION OF PAY CAP FOR CERTAIN EMPLOYEES OF VETERANS 
      HEALTH ADMINISTRATION.
    (a) In General.--Section 7455(c) is amended--
        (1) in paragraph (1), by striking ``30 percent'' inserting ``50 
    percent'';
        (2) in paragraph (2), by striking ``level IV'' inserting 
    ``level II''; and
        (3) by adding at the end the following new paragraph:
    ``(3)(A) Notwithstanding section 5304 of title 5 or any other 
provision of law, but subject to the limitation under paragraph (2), 
pursuant to an increase under subsection (a), the Secretary may pay a 
special rate or an adjusted rate of basic pay in excess of the rate of 
basic pay payable for level IV of the Executive Schedule.
    ``(B) If an employee is in receipt of a special rate of pay under 
subparagraph (A) in excess of the rate of basic pay payable for level 
IV of the Executive Schedule with an established special rate 
supplement of greater value than a supplement based on the applicable 
locality-based comparability payment percentage under section 5304 of 
title 5, but a pay adjustment would cause such established special rate 
supplement to be of lesser value, the special rate supplement shall be 
converted to a supplement based on the applicable locality-based 
comparability percentage unless the Secretary determines that some 
other action is appropriate.''.
    (b) Pay for Critical Positions.--Section 7404(a)(1)(B) is amended 
by inserting ``7306 or'' before ``7401(4)''.
    SEC. 905. EXPANSION OF OPPORTUNITIES FOR HOUSEKEEPING AIDES.
    Section 3310 of title 5, United States Code, is amended by 
inserting ``(other than for positions of housekeeping aides in the 
Department of Veterans Affairs)'' after ``competitive service''.
    SEC. 906. MODIFICATION OF AUTHORITY OF THE SECRETARY OF VETERANS 
      AFFAIRS RELATING TO HOURS, CONDITIONS OF EMPLOYMENT, AND PAY FOR 
      CERTAIN EMPLOYEES OF VETERANS HEALTH ADMINISTRATION.
    (a) Expansion of Eligibility of Employees for Certain Awards.--
Section 7404(c) is amended--
        (1) by striking ``Notwithstanding'' and inserting ``(1) 
    Notwithstanding'';
        (2) by inserting ``or 7401(4)'' after ``section 7306'';
        (3) by striking ``who is not eligible for pay under subchapter 
    III'' and inserting ``or in a covered executive position under 
    section 7401(1) of this title'';
        (4) by striking ``sections 4507 and 5384'' and inserting 
    ``section 4507''; and
        (5) by adding at the end the following new paragraph:
    ``(2) In this subsection, the term `covered executive position' 
means a position that the Secretary has determined is of equivalent 
rank to a Senior Executive Service position (as such term is defined in 
section 3132(a) of title 5) and is subject to an agency performance 
management system.''.
    (b) Authority for Awards Programs of Department of Veterans 
Affairs.--
        (1) In general.--Subchapter I of chapter 74 is amended by 
    inserting after section 7404 the following new section:
``Sec. 7404A. Awards
    ``(a) Superior Accomplishments and Performance Awards Program.--The 
Secretary may establish an awards program for personnel listed in 
section 7421(b) of this title consistent with chapter 45 of title 5, to 
the extent practicable.
    ``(b) Executive Performance Awards Program.--Notwithstanding 
section 7425 of this title or any other provision of law, the Secretary 
may establish a performance awards program consistent with section 5384 
of title 5 for--
        ``(1) personnel appointed under section 7401(1) of this title 
    for a position that the Secretary has determined is of equivalent 
    rank to a Senior Executive Service position (as such term is 
    defined in section 3132(a) of title 5) and is subject to an agency 
    performance management system; and
        ``(2) personnel appointed under section 7306 or 7401(4) of this 
    title.
    ``(c) Payment of Awards.--Awards under this section may be paid 
based on criteria established by the Secretary and shall not be 
considered in calculating the limitation under section 7431(e)(4) of 
this title.
    ``(d) Not Considered Basic Pay.--Awards under this section shall 
not be considered basic pay for any purpose.
    ``(e) Regulations.--The Secretary may prescribe regulations for the 
administration of this section.''.
        (2) Limitation on past awards.--Notwithstanding any other 
    provision of law, awards made by the Secretary of Veterans Affairs 
    for any period on or after January 1, 2017, and before the date of 
    the enactment of this Act for an employee under section 7306 or 
    7401(4) of title 38, United States Code, or for a position 
    described in section 7401(1) of such title that the Secretary has 
    determined is of equivalent rank to a Senior Executive Service 
    position (as such term is defined in section 3132(a) of title 5, 
    United States Code), may be subject to section 7404A of title 38, 
    United States Code, as added by paragraph (1).
    (c) Modification of Employees Subject to Regulation by Secretary of 
Veterans Affairs of Hours and Conditions of Employment and Leaves of 
Absence.--
        (1) In general.--Section 7421 is amended--
            (A) in subsection (a), by striking ``chapter'' and 
        inserting ``title''; and
            (B) in subsection (b), by adding at the end the following 
        new paragraph:
        ``(9) Any position for which the employee is appointed under 
    section 7306 or 7401(4) of this title.''.
        (2) Administration of full-time employees.--Section 7423 is 
    amended--
            (A) in subsection (a)(2), by adding at the end the 
        following new subparagraph:
    ``(D) The Secretary may exclude from the requirements of paragraph 
(1) employees hired under section 7306 or 7401(4) of this title or for 
a position described in section 7401(1) of this title that the 
Secretary has determined is of equivalent rank to a Senior Executive 
Service position (as such term is defined in section 3132(a) of title 
5).''; and
            (B) in subsection (e)(1), by striking ``7401(1)'' and 
        inserting ``7421(b)''.
        (3) Additional pay authorities.--Section 7410(a) is amended--
            (A) by striking ``The Secretary'' and inserting ``(1) The 
        Secretary'';
            (B) by striking ``the personnel described in paragraph (1) 
        of section 7401 of this title'' and inserting ``personnel 
        appointed under section 7306 of this title or section 7401(4) 
        of this title, or personnel described in section 7401(1) of 
        this title,''; and
            (C) by striking ``in the same manner, and subject to the 
        same limitations, as in the case of'' and inserting ``in a 
        manner consistent with''; and
            (D) by adding at the end the following new paragraph:
    ``(2) Payments under paragraph (1) shall not be considered in 
calculating the limitation under section 7431(e)(4) of this title.''.
        (4) Treatment of pay authority changes.--For the purposes of 
    the amendments made by paragraph (3), the Secretary of Veterans 
    Affairs shall treat any award or payment made by the Secretary 
    between January 1, 2017, and the date of the enactment of this Act 
    to employees appointed under sections 7306, 7401(1), and 7401(4) of 
    title 38, United States Code, that the Secretary has determined are 
    of equivalent rank to a Senior Executive Service position (as such 
    term is defined in section 3132(a) of title 5, United States Code), 
    as if such amendments had been in effect at the time of such award 
    or payment.
        (5) Treatment of prior leave balances.--Notwithstanding any 
    other provision of law, the Secretary may adjust the leave balance 
    and carryover leave balance of any employee described in section 
    7421(b)(9) of title 38, United States Code, as amended by paragraph 
    (1)(B), to ensure any leave accrued or carried over before the date 
    of the enactment of this Act remains available to such employee.
    (d) Treatment of Certain Employees as Appointed Under Section 
7306.--Section 7306 is amended--
        (1) in subsection (a), by redesignating the second paragraph 
    (11) as paragraph (12); and
        (2) by adding at the end the following new subsection:
    ``(g) For purposes of applying any provision of chapter 74 of this 
title, including sections 7404, 7410, and 7421, or any other provision 
of law, the Secretary may treat any appointment for a position under 
this chapter to be an appointment under this section.''.
    (e) Conforming Amendment.--Section 7431(e)(4) is amended by 
striking ``In no case'' and inserting ``Except as provided in sections 
7404A(c) and 7410(a)(2) of this title, in no case''.
    SEC. 907. WAIVER OF PAY LIMITATION FOR CERTAIN EMPLOYEES OF 
      DEPARTMENT OF VETERANS AFFAIRS.
    Subchapter I of chapter 7 is amended by inserting after section 703 
the following new section:
``Sec. 704. Waiver of pay limitation for certain employees
    ``(a) Employees of Veterans Health Administration Impacted by 
Closure or Realignment.--Notwithstanding any other provision of law, 
the Secretary may waive any annual premium or aggregate limitation on 
pay for an employee of the Veterans Health Administration for the 
calendar year during which--
        ``(1) the official duty station of the employee is closed; or
        ``(2) the office, facility, activity, or organization of the 
    employee is realigned.
    ``(b) Employees Providing Care to Veterans Exposed to Open Burn 
Pits.--
        ``(1) In general.--Notwithstanding any other provision of law, 
    the Secretary may waive any annual premium or aggregate limitation 
    on pay for an employee of the Department whose primary duties 
    include providing expanded care for veterans exposed to open burn 
    pits.
        ``(2) Open burn pit defined.--In this subsection, the term 
    `open burn pit' has the meaning given that term in section 201(c) 
    of the Dignified Burial and Other Veterans' Benefits Improvement 
    Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note).
    ``(c) Coordination With Office of Personnel Management.--In 
implementing this section, the Secretary shall coordinate with the 
Director of the Office of Personnel Management.
    ``(d) Reports.--
        ``(1) In general.--For each quarter that the Secretary waives a 
    limitation under this section, the Secretary shall submit to the 
    Committee on Veterans' Affairs of the Senate, the Committee on 
    Veterans' Affairs of the House of Representatives, and the Office 
    of Personnel Management a report on the waiver or waivers.
        ``(2) Contents.--Each report submitted under paragraph (1) with 
    respect to a waiver or waivers shall include the following:
            ``(A) Where the waiver or waivers were used, including in 
        which component of the Department and, as the case may be, 
        which medical center of the Department.
            ``(B) For how many employees the waiver or waivers were 
        used, disaggregated by component of the Department and, if 
        applicable, medical center of the Department.
            ``(C) The average amount by which each payment exceeded the 
        pay limitation that was waived, disaggregated by component of 
        the Department and, if applicable, medical center of the 
        Department.
    ``(e) Employee Defined.--In this section, the term `employee' means 
any employee regardless of the authority under which the employee was 
hired.
    ``(f) Termination.--This section shall terminate on September 30, 
2027.''.
    SEC. 908. ELIMINATION OF LIMITATION ON AWARDS AND BONUS FOR 
      EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS.
    (a) In General.--Section 705(a) of the Veterans Access, Choice, and 
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is 
amended by striking paragraph (3).
    (b) Applicability.--Subsection (a) shall take effect on the date of 
the enactment of this Act and apply as if such subsection had been 
enacted on September 30, 2021.
    SEC. 909. ADDITIONAL AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS 
      RELATING TO RECRUITMENT AND RETENTION OF PERSONNEL.
    Subchapter I of chapter 7 is amended by inserting after section 705 
the following new section:
``Sec. 706. Additional authority relating to recruitment and retention 
   of personnel
    ``(a) Recruitment and Relocation Bonuses.--The Secretary may pay a 
recruitment or relocation bonus under section 5753(e) of title 5 
without regard to any requirements for certification or approval under 
that section.
    ``(b) Retention Bonuses.--(1) The Secretary may pay a retention 
bonus under section 5754(f) of title 5 without regard to any 
requirement for certification or approval under that subsection.
    ``(2) The Secretary may pay a retention bonus as specified in 
subsection (e)(2) of section 5754 of title 5 and may pay the bonus as a 
single lump-sum payment at the beginning of the full period of service 
required by an agreement under subsection (d) of such section.
    ``(c) Merit Awards.--The Secretary may grant a cash award under 
section 4502(b) of title 5 without regard to any requirement for 
certification or approval under that section.
    ``(d) Incentives for Critical Skills.--(1) Subject to the 
provisions of this paragraph, the Secretary may provide a critical 
skill incentive to an employee in a case in which the Secretary 
determines--
        ``(A) the employee possesses a high-demand skill or skill that 
    is at a shortage;
        ``(B) such skill is directly related to the duties and 
    responsibilities of the employee's position; and
        ``(C) employment of an individual with such skill in such 
    position serves a critical mission-related need of the Department.
    ``(2) An incentive provided to an employee under paragraph (1) may 
not to exceed 25 percent of the basic pay of the employee.
    ``(3) Provision of an incentive under paragraph (1) shall be 
contingent on the employee entering into a written agreement to 
complete a period of employment with the Department.
    ``(4) An incentive provided under paragraph (1) shall not be 
considered basic pay for any purpose.
    ``(5) The Secretary may prescribe conditions, including with 
respect to eligibility, and limitations on provision of incentive under 
paragraph (1).
    ``(6) Incentive provided under paragraph (1) shall not be included 
in the calculation of total amount of compensation under section 
7431(e)(4) of this title.
    ``(e) Student Loan Repayments.--(1) Subject to the provisions of 
this subsection, the Secretary may repay a student loan pursuant to 
section 5379(b) of title 5.
    ``(2) Paragraph (2) of such section shall not apply to payment 
under this subsection.
    ``(3) Payment under this subsection shall be made subject to such 
terms, limitations, or conditions as may be mutually agreed to by the 
Secretary and the employee concerned, except that the amount paid by 
the Secretary under this subsection may not exceed--
        ``(A) $40,000 for any employee in any calendar year; or
        ``(B) a total of $100,000 in the case of any employee.
    ``(f) Expedited Hiring Authority for College Graduates; Competitive 
Service.--(1) Subject to paragraph (2) of this subsection, the 
Secretary may expedite hiring for college graduates under section 3115 
of title 5 without regard to subsection (e) of such section or any 
regulations prescribed by the Office of Personnel Management for 
administration of such subsection.
    ``(2) The number of employees the Secretary may appoint under 
section 3115 of title 5 may not exceed the number equal to 25 percent 
of individuals that the Secretary appointed during the previous fiscal 
year to a position in the competitive service classified in a 
professional or administrative occupational category, at the GS-11 
level, or an equivalent level, or below, under a competitive examining 
procedure.
    ``(g) Expedited Hiring Authority for Post-secondary Students; 
Competitive Service.--(1) Subject to paragraph (2) of this subsection, 
the Secretary may expedite hiring of post-secondary students under 
section 3116 of title 5, without regard to subsection (d) of such 
section or any regulations prescribed by the Office of Personnel 
Management for administration of such subsection.
    ``(2) The number of employees the Secretary may appoint under 
section 3116 of title 5 may not exceed the number equal to 25 percent 
of the number of students that the Secretary appointed during the 
previous fiscal year to a position at the GS-11 level, or an equivalent 
level, or below.
    ``(h) Pay Authority for Critical Positions.--(1) Subject to the 
provisions of this subsection, the Secretary may authorize the fixing 
of the rate of pay for a critical position in the Department consistent 
with the authorities and requirements of section 5377 of title 5 that 
apply to the Office of Personnel Management.
    ``(2) The Secretary may fix the rate of pay for a critical position 
under this subsection in excess of the limitation set forth by section 
5377(d)(2) of such title.
    ``(3) Basic pay may not be fixed under this subsection at a rate 
greater than the rate payable for the Vice President of the United 
States established under section 104 of title 3, except upon written 
approval of the President.
    ``(4) Notwithstanding section 5377(f) of title 5, the Secretary may 
authorize the exercise of authority under this subsection with respect 
to up to 200 positions at any time.
    ``(i) Rates of Special Pay.--(1) The Secretary may establish a rate 
for special pay under section 5305(a)(1) of title 5.
    ``(2) In applying such section to the Secretary's authority under 
paragraph (1)--
        ``(A) `50 percent' shall be substituted for `30 percent'; and
        ``(B) `level II of the Executive Schedule' shall be substituted 
    for `level IV of the Executive Schedule'.
    ``(j) Waiver of Limitations on Certain Payments Under Pay 
Comparability System.--The Secretary may waive the limitation in 
section 5307 of title 5 for an employee or a payment.
    ``(k) Termination.--The authorities under this section shall 
terminate on September 30, 2027.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```