106 
SEC. 710. NON-APPLICABILITY OF NON-DEPARTMENT OF 
VETERANS AFFAIRS COVENANTS NOT TO 
COMPETE TO APPOINTMENT OF VETERANS 
HEALTH ADMINISTRATION PERSONNEL. 
(a) IN GENERAL.—Subchapter I of chapter 74 of title 
38, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 7414. Effect of non-Department covenants not to 
compete 
‘‘(a) NON-APPLICABILITY.—Except as provided in 
subsection (b), in the case of an individual who is an appli-
cant for appointment to a position in the Veterans Health 
Administration described in section 7401 of this title, any 
covenant not to compete into which the individual has en-
tered with a non-Department facility or party shall have 
no force or effect with respect to the appointment of the 
individual to such a position. 
‘‘(b) SERVICE OBLIGATION.—(1) Any individual who 
is appointed to such a position in the Veterans Health Ad-
ministration shall, as a condition of such appointment, 
agree to provide clinical services at a Department medical 
facility for the duration of the period described in para-
graph (2). 
‘‘(2) The period described in this paragraph is the 
period that begins on the date on which an individual is
107 
appointed to such a position and ends on the latter of the 
following dates: 
‘‘(A) The date that is one year after such date 
of appointment. 
‘‘(B) The date of the termination of any cov-
enant not to compete entered into between the indi-
vidual and a non-Department facility or party. 
‘‘(3) The Secretary may waive the requirement under 
paragraph (1) with respect to an individual at the discre-
tion of the Secretary. 
‘‘(c) TERMINATION
OF
DEPARTMENT
EMPLOY-
MENT.—In the case of an individual who is appointed to 
such a position in the Veterans Health Administration 
who has entered into a covenant not to compete that is 
rendered non-applicable pursuant to subsection (a), if the 
individual’s employment at the Veterans Health Adminis-
tration is terminated for any reason before the specified 
termination date of such covenant, subsection (a) shall not 
apply with respect to such covenant after the date of the 
termination of the individual’s employment at the Vet-
erans Health Administration. 
‘‘(d) COVENANT NOT TO COMPETE.—In this section, 
the term ‘covenant not to compete’ means an agreement—
108 
‘‘(1) between an employee and employer or a 
contractor and principal that restricts such employee 
or contractor from performing— 
‘‘(A) any work for another employer for a 
specified period of time; 
‘‘(B) any work in a specified geographical 
area; or 
‘‘(C) work for another employer per-
forming work that is similar to the work such 
employee or contractor performed for the em-
ployer or principal, included as a party to the 
agreement; and 
‘‘(2) that is entered into after the date of enact-
ment of this Act.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 7413 the following new 
item: 
‘‘7414. Effect of non-Department covenants not to compete.’’. 
SEC. 711. RECRUITMENT OF PHYSICIANS ON A CONTIN-
GENT BASIS PRIOR TO COMPLETION OF 
TRAINING REQUIREMENTS. 
Section 7402 of title 38, United States Code, is 
amended— 
(1) in subsection (b)(1)—
109 
(A) in the matter preceding subparagraph 
(A) by inserting ‘‘or to be offered an appoint-
ment to such position on a contingent basis 
under subsection (h)’’ after ‘‘position’’; and 
(B) by striking subparagraph (B) and in-
serting the following: 
‘‘(B)(i) have completed a residency leading to 
board eligibility in a specialty, satisfactory to the 
Secretary; or 
‘‘(ii) with respect to an offer for an appoint-
ment on a contingent basis under subsection (h), 
complete such a residency by not later than two 
years after the date of such offer; and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(h)(1) The Secretary may appoint an individual 
under subsection (b)(1) on a contingent basis in accord-
ance with this subsection if the Secretary reasonably an-
ticipated that the individual will have completed the re-
quirements for appointment under such subsection (b)(1) 
by not later than two years after the date on which the 
individual is so appointed. 
‘‘(2) An individual who is appointed to a position on 
a contingent basis under paragraph (1) shall be appointed 
to such position on a permanent basis if, by not later than
110 
two years after the date of the contingent appointment, 
the individual completes all the requirements for appoint-
ment under subsection (b)(1). 
‘‘(3) An individual who is appointed on a contingent 
basis under paragraph (1) who fails to complete the re-
quirements for appointment under subsection (b)(1) by 
not later than two years after the date on which the indi-
vidual is so appointed may not be appointed to such posi-
tion on a permanent basis.’’. 
SEC. 712. AUTHORITY FOR SECRETARY OF VETERANS AF-
FAIRS TO AWARD GRANTS TO STATES TO IM-
PROVE OUTREACH TO VETERANS. 
(a) IN GENERAL.—Chapter 63 of title 38, United 
States Code, is amended— 
(1) by redesignating sections 6307 and 6308 
and sections 6308 and 6309, respectively; and 
(2) by inserting after section 6306 the following 
new section 6307: 
‘‘§ 6307. Grants to States to improve outreach to vet-
erans 
‘‘(a) PURPOSE.—It is the purpose of this section to 
provide for assistance by the Secretary to States to carry 
out programs that— 
‘‘(1) improve outreach and assistance to vet-
erans and the spouses, children, and parents of vet-
111 
erans, to ensure that such individuals are fully in-
formed about any veterans and veterans-related ben-
efits and programs (including State veterans pro-
grams) for which they may be eligible; and 
‘‘(2) facilitate opportunities for such individuals 
to receive competent, qualified services in the prepa-
ration, presentation, and prosecution of veterans 
benefits claims. 
‘‘(b) AUTHORITY.—The Secretary may award grants 
to States— 
‘‘(1) to carry out, coordinate, improve, or other-
wise enhance outreach activities; 
‘‘(2) to increase the number of county or tribal 
veterans service officers serving in the State by hir-
ing new, additional such officers; or 
‘‘(3) to expand, carry out, coordinate, improve, 
or otherwise enhance existing programs, activities, 
and services of the State’s existing organization that 
has been recognized by the Department of Veterans 
Affairs pursuant to section 5902, in the preparation, 
presentation, and prosecution of claims for veterans 
benefits through representatives who hold positions 
as county or Tribal veterans service officers. 
‘‘(c) APPLICATION.—(1) To be eligible for a grant 
under this section, a State shall submit to the Secretary
112 
an application therefor at such time, in such manner, and 
containing such information as the Secretary may require. 
‘‘(2) Each application submitted under paragraph (1) 
shall include the following: 
‘‘(A) A detailed plan for the use of the grant. 
‘‘(B) A description of the programs through 
which the State will meet the outcome measures de-
veloped by the Secretary under subsection (i). 
‘‘(C) A description of how the State will dis-
tribute grant amounts equitably among counties (or 
Tribal lands, as the case may be) with varying levels 
of urbanization. 
‘‘(D) A plan for how the grant will be used to 
meet the unique needs of American Indian or Alaska 
Native veterans, elderly veterans, women veterans, 
and veterans from other underserved communities. 
‘‘(d) DISTRIBUTION.—The Secretary shall seek to en-
sure that grants awarded under this section are equitably 
distributed among States with varying levels of urbaniza-
tion. 
‘‘(e) PRIORITY.—The Secretary shall prioritize 
awarding grants under this section that will serve the fol-
lowing areas: 
‘‘(1) Areas with a critical shortage of county or 
tribal veterans service officers.
113 
‘‘(2) Areas with high rates of— 
‘‘(A) suicide among veterans; or 
‘‘(B) referrals to the Veterans Crisis Line. 
‘‘(f) USE OF COUNTY OR TRIBAL VETERANS SERV-
ICE OFFICERS.—A State that receives a grant under this 
section to carry out an activity described in subsection 
(b)(1) shall carry out the activity through— 
‘‘(1) a county or Tribal veterans service officer 
of the State; or 
‘‘(2) if the State does not have a county or trib-
al veterans service officer, or if the county or Tribal 
veterans service officers of the State cover only a 
portion of that State, an appropriate entity of a 
State, local, or Tribal government, or another pub-
licly funded entity, as determined by the Secretary. 
‘‘(g) REQUIRED ACTIVITIES.—Any grant awarded 
under this section shall be used— 
‘‘(1) to expand existing programs, activities, 
and services; 
‘‘(2) to hire and maintain new, additional coun-
ty or Tribal veterans service officers; or 
‘‘(3) for travel and transportation to facilitate 
carrying out paragraph (1) or (2). 
‘‘(h) OTHER PERMISSIBLE ACTIVITIES.—A grant 
under this section may be used to provide education and
114 
training, including on-the-job training, for State, county, 
local, and tribal government employees who provide (or 
when trained will provide) veterans outreach services in 
order for those employees to obtain and maintain accredi-
tation in accordance with procedures approved by the Sec-
retary. 
‘‘(i) OUTCOME MEASURES.—(1) The Secretary shall 
develop and provide to each State that receives a grant 
under this section written guidance on the following: 
‘‘(A) Outcome measures. 
‘‘(B) Policies of the Department. 
‘‘(2) In developing outcome measures under para-
graph (1), the Secretary shall consider the following goals: 
‘‘(A) Increasing the use of veterans and vet-
erans-related benefits, particularly among vulnerable 
populations. 
‘‘(B) Increasing the number of county and trib-
al veterans service officers recognized by the Sec-
retary for the representation of veterans under chap-
ter 59 of this title. 
‘‘(j) TRACKING REQUIREMENTS.—(1) With respect 
to each grant awarded under this section, the Secretary 
shall track the use of veterans benefits among the popu-
lation served by the grant, including the average period 
of time between the date on which a veteran or other eligi-
115 
ble claimant applies for such a benefit and the date on 
which the veteran or other eligible claimant receives the 
benefit, disaggregated by type of benefit. 
‘‘(2) Not less frequently than annually during the life 
of the grant program established under this section, the 
Secretary shall submit to Congress a report on— 
‘‘(A) the information tracked under paragraph 
(1); 
‘‘(B) how the grants awarded under this section 
serve the unique needs of American Indian or Alaska 
Native veterans, elderly veterans, women veterans, 
and veterans from other underserved communities; 
and 
‘‘(C) other information provided by States pur-
suant to the grant reporting requirements. 
‘‘(k) PERFORMANCE REVIEW.—(1) The Secretary 
shall— 
‘‘(A) review the performance of each State that 
receives a grant under this section; and 
‘‘(B) make information regarding such perform-
ance publicly available. 
‘‘(l) REMEDIATION PLAN.—(1) In the case of a State 
that receives a grant under this section and does not meet 
the outcome measures developed by the Secretary under 
subsection (i), the Secretary shall require the State to sub-
116 
mit a remediation plan under which the State shall de-
scribe how and when it plans to meet such outcome meas-
ures. 
‘‘(2) The Secretary may not award a subsequent 
grant under this section to a State described in paragraph 
(1) unless the Secretary approves the remediation plan 
submitted by the State. 
‘‘(m) MAXIMUM AMOUNT.—The amount of a grant 
awarded under this section may not exceed 10 percent of 
amounts made available for grants under this section for 
the fiscal year in which the grant is awarded. 
‘‘(n) SUPPLEMENT, NOT SUPPLANT.—Any grant 
awarded under this section shall be used to supplement 
and not supplant State and local funding that is otherwise 
available. 
‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary for each 
of fiscal years 2023 through 2027, $50,000,000 to carry 
out this section. 
‘‘(p) DEFINITIONS.—In this section: 
‘‘(1) The term ‘county or tribal veterans service 
officer’ includes a local equivalent veterans service 
officer. 
‘‘(2) The term ‘State’ includes each Indian 
Tribe, the District of Columbia, the Commonwealth
117 
of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, and any territory or possession of 
the United States. 
‘‘(3) The term ‘Veterans Crisis Line’ means the 
toll-free hotline for veterans established under sec-
tion 1720F(h) of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 63 of such title is amended 
by striking the items relating to sections 6307 and 6308 
and inserting the following new items: 
‘‘6307. Grants to States to improve outreach to veterans. 
‘‘6308. Outreach for eligible dependents. 
‘‘6309. Biennial report to Congress.’’. 
(c) AUTHORIZATION
OF ADDITIONAL FULL-TIME 
EQUIVALENT
EMPLOYEE.—During fiscal years 2023 
through 2027, the Secretary of Veterans Affairs may hire 
an additional full-time equivalent employee in the Office 
of the General Counsel of the Department of Veterans Af-
fairs, as compared to the number of full-time equivalent 
employees that would otherwise be authorized for such of-
fice, to carry out duties under the accreditation, discipline, 
and fees program. 
SEC. 713. STUDY AND REPORT ON HERBICIDE AGENT EXPO-
SURE IN PANAMA CANAL ZONE. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study on the exposure of members of the Armed Forces 
to herbicide agents, including Agent Orange and Agent
118 
Purple, in the Panama Canal Zone during the period be-
ginning on January 1, 1958, and ending on December 31, 
1999. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit 
to Congress a report on the study conducted under sub-
section (a). 
SEC. 714. BUDGET INFORMATION FOR ALTERNATIVES TO 
BURN PITS. 
The Secretary of Defense shall include in the budget 
submission of the President under section 1105(a) of title 
31, United States Code, for each of fiscal years 2023 
through 2027, a dedicated budget line item for inciner-
ators and waste-to-energy waste disposal alternatives to 
burn pits. 
SEC. 715. AUTHORIZATION OF APPROPRIATIONS FOR EX-
PANSION OF CLAIMS AUTOMATION. 
There is authorized to be appropriated to the Sec-
retary of Veterans Affairs $150,000,000 for fiscal year 
2023 to continue the modernization and expansion of ca-
pabilities and capacity of the Veterans Benefits Manage-
ment System of the Department of Veterans Affairs to 
support expected increased claims processing for newly eli-
gible veterans pursuant to this Act and the amendments 
made by this Act.
119 
SEC. 716. BURN PIT REGISTRY UPDATES. 
(a) INDIVIDUALS ELIGIBLE TO UPDATE.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Veterans Affairs shall take actions nec-
essary to ensure that the burn pit registry may be 
updated with the cause of death of a deceased reg-
istered individual by— 
(A) an individual designated by such de-
ceased registered individual; or 
(B) if no such individual is designated, an 
immediate family member of such deceased reg-
istered individual. 
(2) DESIGNATION.—The Secretary shall pro-
vide, with respect to the burn pit registry, a process 
by which a registered individual may make a des-
ignation for purposes of paragraph (1)(A). 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘burn pit registry’’ means the 
registry established under section 201 of the Dig-
nified Burial and Other Veterans’ Benefits Improve-
ment Act of 2012 (Public Law 112–260; 38 U.S.C. 
527 note). 
(2) The term ‘‘immediate family member’’, with 
respect to a deceased individual, means—
120 
(A) the spouse, parent, brother, sister, or 
adult child of the individual; 
(B) an adult person to whom the indi-
vidual stands in loco parentis; or 
(C) any other adult person— 
(i) living in the household of the indi-
vidual at the time of the death of the indi-
vidual; and 
(ii) related to the individual by blood 
or marriage. 
(3) The term ‘‘registered individual’’ means an 
individual registered with the burn pit registry. 
SEC. 717. BURN PIT TRANSPARENCY. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘SFC Heath Robinson Burn Pit Transparency Act’’. 
(b) NOTIFICATIONS AND REPORTS REGARDING RE-
PORTED CASES OF BURN PIT EXPOSURE.— 
(1) QUARTERLY NOTIFICATIONS.— 
(A) IN GENERAL.—On a quarterly basis, 
the Secretary of Veterans Affairs shall submit 
to the appropriate congressional committees a 
report on each reported case of burn pit expo-
sure by a covered veteran reported during the 
previous quarter.
121 
(B) ELEMENTS.—Each report submitted 
under subparagraph (A) shall include, with re-
spect to each reported case of burn pit exposure 
of a covered veteran included in the report, the 
following: 
(i) Notice of the case, including the 
medical facility at which the case was re-
ported. 
(ii) Notice of, as available— 
(I) the enrollment status of the 
covered veteran with respect to the 
patient enrollment system of the De-
partment of Veterans Affairs under 
section 1705(a) of title 38, United 
States Code; 
(II) a summary of all health care 
visits by the covered veteran at the 
medical facility at which the case was 
reported that are related to the case; 
(III) the demographics of the 
covered veteran, including age, sex, 
and race; 
(IV) any non-Department of Vet-
erans Affairs health care benefits that 
the covered veteran receives;
122 
(V) the Armed Force in which 
the covered veteran served and the 
rank of the covered veteran; 
(VI) the period in which the cov-
ered veteran served; 
(VII) each location of an open 
burn pit from which the covered vet-
eran was exposed to toxic airborne 
chemicals and fumes during such 
service; 
(VIII) the medical diagnoses of 
the covered veteran and the treatment 
provided to the veteran; and 
(IX) whether the covered veteran 
is registered in the Airborne Hazards 
and Open Burn Pit Registry. 
(C) PROTECTION OF INFORMATION.—The 
Secretary shall ensure that the reports sub-
mitted under subparagraph (A) do not include 
the identity of covered veterans or contain other 
personally identifiable data. 
(2) ANNUAL REPORT ON CASES.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, and annually thereafter, the Secretary of
123 
Veterans Affairs, in collaboration with the Sec-
retary of Defense, shall submit to the appro-
priate congressional committees a report detail-
ing the following: 
(i) The total number of covered vet-
erans. 
(ii) The total number of claims for 
disability compensation under chapter 11 
of title 38, United States Code, approved 
and the total number denied by the Sec-
retary of Veterans Affairs with respect to 
a covered veteran, and for each such de-
nial, the rationale of the denial. 
(iii) A comprehensive list of— 
(I) the conditions for which cov-
ered veterans seek treatment; and 
(II) the locations of the open 
burn pits from which the covered vet-
erans were exposed to toxic airborne 
chemicals and fumes. 
(iv) Identification of any illnesses re-
lating to exposure to open burn pits that 
formed the basis for the Secretary to 
award benefits, including entitlement to
124 
service connection or an increase in dis-
ability rating. 
(v) The total number of covered vet-
erans who died after seeking care for an 
illness relating to exposure to an open burn 
pit. 
(vi) Any updates or trends with re-
spect to the information described in 
clauses (i), (ii), (iii), (iv), and (v) that the 
Secretary determines appropriate. 
(B) MATTERS
INCLUDED
IN
FIRST
RE-
PORT.—The Secretary shall include in the first 
report under paragraph (1) information speci-
fied in paragraph (1)(B) with respect to re-
ported cases of burn pit exposure made during 
the period beginning January 1, 1990, and end-
ing on the day before the date of the enactment 
of this Act. 
(3) INFORMATION REGARDING THE AIRBORNE 
HAZARDS AND OPEN BURN PIT REGISTRY.— 
(A) 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
125 
medical facility of the Department for treat-
ment 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. 
(B) DISPLAY.—In making information 
public regarding the number of participants in 
the Airborne Hazards and Open Burn Pit Reg-
istry, the Secretary shall display such numbers 
by both State and by congressional district. 
(4) COMPTROLLER
GENERAL
REPORT.—Not 
later than 180 days after the date of the enactment 
of this Act, the Comptroller General of the United 
States shall submit to the appropriate congressional 
committees a report containing an assessment of the 
effectiveness of any memorandum of understanding 
or memorandum of agreement entered into by the 
Secretary of Veterans Affairs with respect to— 
(A) the processing of reported cases of 
burn pit exposure; and 
(B) the coordination of care and provision 
of health care relating to such cases at medical 
facilities of the Department of Veterans Affairs 
and at non-Department facilities. 
(5) DEFINITIONS.—In this section:
126 
(A) The term ‘‘Airborne Hazards and 
Open Burn Pit Registry’’ means the registry es-
tablished 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). 
(B) The term ‘‘appropriate congressional 
committees’’ means— 
(i) the Committee on Veterans’ Af-
fairs and the Committee on Armed Serv-
ices of the Senate; and 
(ii) The Committee on Veterans’ Af-
fairs and the Committee on Armed Serv-
ices of the House of Representatives. 
(C) The term ‘‘covered veteran’’ means a 
veteran who presents at a medical facility of the 
Department of Veterans Affairs (or in a non- 
Department facility pursuant to section 1703 or 
1703A of title 38, United States Code) 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 at any time while 
serving in the Armed Forces.
127 
(D) The term ‘‘open burn pit’’ has the 
meaning given that term in section 201(c) of 
the Dignified Burial and Other Veterans’ Bene-
fits Improvement Act of 2012 (Public Law 
112–260; 38 U.S.C. 527 note). 
(E) The term ‘‘reported case of burn pit 
exposure’’ means each instance in which a vet-
eran presents at a medical facility of the De-
partment of Veterans Affairs (or in a non-De-
partment facility pursuant to section 1703 or 
1703A of title 38, United States Code) 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 at any time while 
serving in the Armed Forces. 
Passed the House of Representatives March 3, 
2022. 
Attest: 
Clerk.
117TH CONGRESS 
2D SESSION 
H. R. 3967 
AN ACT 
To improve health care and benefits for veterans 
exposed to toxic substances, and for other purposes.