,,ii ,calendar ,no4 #fjb #aafth ,,congress #b;d ,session ,s4 #dcic ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjbj,mr4 ,tillis 7for himself1 ,mrs4 ,blackburn1 ,ms4 ,mc,sally1 and ,mrs4 ,capito7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,december #h1 #bjbj,reported by ,mr4 ,moran1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to improve the provision of health care and other benefits from the ,department of ,veterans ,affairs for veterans who were exposed to toxic substances1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,toxic ,exposure in the ,american ,military ,act of #bjbj or the ,,team ,act of #bjbj 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,expansion of health care and benefits for veterans exposed to toxic substances,sec4 #aja4 ,consultation1 testing1 and treatment for certain veterans who received hazardous duty pay or were exposed to toxic substances4,sec4 #ajb4 ,permanent reauthorization of authority of ,secretary of ,veterans ,affairs to prescribe regulations providing that a presumption of service connection is warranted for a disease associated with exposure to a herbicide agent4,sec4 #ajc4 ,presumptions of service connection for diseases associated with exposure to certain toxic substances4,,title ,,ii--,research and review regarding exposure to toxic substances,sec4 #bja4 ,establishment of ,toxic ,exposure ,review ,commission4,sec4 #bjb4 ,agreement with ,national ,academies of ,sciences1 ,engineering1 and ,medicine concerning the exposure of humans to toxic substances4,sec4 #bjc4 ,analysis of results of consultation1 testing1 and treatment of veterans for disabilities related to exposure to toxic substances4,sec4 #bjd4 ,report to evaluate and identify groups at-risk of exposure to toxic substances4,,title ,,iii--,improvement of resources of ,department of ,veterans ,affairs regarding exposures to toxic substances,sec4 #cja4 ,publication of list of resources of ,department of ,veterans ,affairs for veterans exposed to toxic substances and outreach program for such veterans and caregivers and survivors of such veterans4,sec4 #cjb4 ,incorporation of toxic exposure questionnaire during primary care appointments4,sec4 #cjc4 ,portal for access by veterans to individual longitudinal exposure record4,sec4 #cjd4 ,training of personnel of ,department of ,veterans ,affairs on illnesses related to exposure to toxic substances4 #b4 ,definitions ,in this ,act3 7#a7 ,active military1 naval1 or air service ,the term active military1 naval1 or air service has the meaning given that term in section #aja7bd7 of title #ch1 ,united ,states ,code4 7#b7 ,toxic substance ,the term toxic substance has the meaning given that term in section #agbj;,j7i7 of such title1 as added by section #aja7;a74 ,i ,expansion of health care and benefits for veterans exposed to toxic substances #aja4 ,consultation1 testing1 and treatment for certain veterans who received hazardous duty pay or were exposed to toxic substances 7a7 ,in general ,subchapter ,,ii of chapter #ag of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #agbj;,j4 ,consultation1 testing1 and treatment of veterans for exposure to toxic substances 7a7 ,in general ,the ,secretary shall furnish to covered veterans-- 7#a7 covered consultation and testing regarding the exposure of those veterans to toxic substances2 and 7#b7 treatment for any illness relating to such exposure diagnosed under subsection 7b77#b71 subject to approval by the ,under ,secretary for ,health4 7b7 ,covered consultation and testing ,for purposes of this section1 covered consultation and testing is-- 7#a7 consultation with a primary care physician or other treating physician to determine whether the covered veteran has an illness related to exposure to a toxic substance while serving in the ,armed ,forces2 7#b7 diagnosis by such physician of any illness related to exposure to a toxic substance2 and 7#c7 any medical testing necessary to carry out paragraphs 7#a7 and 7#b71 including a referral to a specialist physician4 7c7 ,covered veterans ,for purposes of this section1 a covered veteran is a veteran who-- 7#a7 received hazardous duty incentive pay under section #cea of title #cg for more than one day2 or 7#b7 has been identified by the ,secretary of ,defense to have been possibly exposed1 inside or outside the ,united ,states1 during service in the ,armed ,forces1 to-- 7,a7 an open burn pit2 7,b7 a toxic substance2 or 7,c7 a site at which members of the ,armed ,forces were potentially exposed to a toxic substance1 as indicated in a database shared by the ,department of ,defense and the ,department of ,veterans ,affairs4 7d7 ,consultation ,a covered veteran is eligible under this section for three consultations each year unless a treating physician for such veteran determines that more consultations are necessary under subsection 7b77#a74 7e7 ,provision of services ,covered consultation and testing and treatment may be provided under this section at facilities of the ,department or under contract arrangements with the ,department for such services4 7f7 ,determinations relating to treatment 7#a7 ,when determining whether to approve eligibility for treatment under subsection 7a77#b71 the ,under ,secretary for ,health shall give heavy weight to the diagnosis by the treating physician under subsection 7b77#b74 7#b7 ,the ,under ,secretary shall support any denial of eligibility under subsection 7a77#b7 with specific scientific evidence4 7#c7 ,determinations by the ,under ,secretary under subsection 7a77#b7 shall be made not later than five business days after a request for approval has been made by the treating physician under subsection 7b77#b74 7g7 ,information and training ,the ,secretary shall provide information and training on eligibility for services under this section and the services covered under this section to-- 7#a7 health care providers of the ,department2 7#b7 health care providers providing services under this section under contract arrangements2 and 7#c7 covered veterans4 7h7 ,copayment ,a covered veteran is not required to pay a copayment for covered consultation and testing or treatment under this section4 7i7 ,definitions ,in this section3 7#a7 ,the term open burn pit has the meaning given that term in section #bja7;c7 of the ,dignified ,burial and ,other ,veterans' ,benefits ,improvement ,act of #bjab 7,public ,law #aab-bfj2 #ch ,u4,s4,c4 #ebg note74 7#b7 ,the term toxic substance means a toxicant or a toxin4 7#c7 ,the term toxicant means any substance that can injure or kill humans1 animals1 or plants and that is produced by humans or is a by-product of human activities4 7#d7 ,the term toxin means any substance that can injure or kill humans1 animals1 or plants and that is produced naturally4 7#e7 ,the team treatment means any commonly accepted medical treatment practiced by the medical community at large4 4 7b7 ,clerical amendment ,the table of sections at the beginning of subchapter ,,ii of chapter #ag of such title is amended by adding at the end the following new item3 #agbj;,j4 ,consultation1 testing1 and treatment of veterans for exposure to toxic substances4 4 #ajb4 ,permanent reauthorization of authority of ,secretary of ,veterans ,affairs to prescribe regulations providing that a presumption of service connection is warranted for a disease associated with exposure to a herbicide agent 7a7 ,in general ,section #aaaf of title #ch1 ,united ,states ,code1 is amended by striking subsection 7e74 7b7 ,effective date ,subsection 7a7 of this section and subsections 7b7 through 7d7 of section #aaaf of such title shall take effect on the date of the enactment of this ,act4 #ajc4 ,presumptions of service connection for diseases associated with exposure to certain toxic substances 7a7 ,in general ,subchapter ,,ii of chapter #aa of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #aaai4 ,presumptions of service connection for diseases associated with exposure to certain toxic substances 7a7 ,presumptions of service connection 7#a7 ,for purposes of section #aaaj of this title1 and subject to section #aaac of this title1 each disease specified in paragraph 7#b7 becoming manifest as specified in that paragraph shall be considered to have been incurred in or aggravated by service referred to in that paragraph1 notwithstanding that there is no record of evidence of such disease during the period of such service4 7#b7 ,a disease specified in this paragraph is any disease that-- 7,a7 the ,secretary determines in regulations prescribed under this section warrants a presumption of service connection by reason of having a positive association with exposure to a toxic substance2 and 7,b7 becomes manifest within the period1 if any1 prescribed in such regulations in a veteran who was exposed to that toxic substance during active military1 naval1 or air service4 7#c7 7,a7 ,for purposes of this subsection1 the ,secretary may presume that a veteran who has a disease specified in paragraph 7#b7 was exposed to the toxic substance for which the ,secretary has determined under paragraph 7#b77;,a7 warrants a presumption of service connection by reason of having a positive association with exposure to the toxic substance1 notwithstanding that there is no record of evidence of such exposure1 if the ,secretary determines based on one or more of the factors set forth in subparagraph 7,b7 that a presumption of exposure is warranted4 7,b7 ,the factors set forth in this subparagraph are as follows3 7i7 ,the duty location of the veteran4 7ii7 ,the length of service of the veteran4 7iii7 ,such other factors as the ,secretary considers appropriate4 7b7 ,determinations relating to diseases 7#a7 ,whenever the ,secretary determines1 on the basis of sound medical and scientific evidence1 that a positive association exists between the exposure of humans to a toxic substance and the occurrence of a disease in humans1 the ,secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for purposes of this section4 7#b7 ,in making determinations under paragraph 7#a71 the ,secretary shall take into account-- 7,a7 reports received by the ,secretary from the ,national ,academies of ,sciences1 ,engineering1 and ,medicine under section #bjb7;g7 of the ,toxic ,exposure in the ,american ,military ,act of #bjbj2 and 7,b7 all other sound medical and scientific information and analyses available to the ,secretary4 7#c7 7,a7 ,in evaluating any report1 information1 or analysis for purposes of making such determinations1 the ,secretary shall consider only scientific studies that are valid in accordance with contemporary scientific standards4 7,b7 ,the ,secretary may define the standards described in subparagraph 7,a7 for purposes of that subparagraph4 7c7 ,response to reports by the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7#a7 ,not later than #fj days after the date on which the ,secretary receives a report from the ,national ,academies of ,sciences1 ,engineering1 and ,medicine under section #bjb7;g7 of the ,toxic ,exposure in the ,american ,military ,act of #bjbj1 the ,secretary shall determine whether a presumption of service connection is warranted for each disease covered by the report4 7#b7 ,if the ,secretary determines under paragraph 7#a7 that a presumption of service connection is warranted for a disease1 the ,secretary shall1 not later than #fj days after making the determination1 issue proposed regulations setting forth the determination4 7#c7 7,a7 ,if the ,secretary makes a determination described in subparagraph 7,b71 the ,secretary shall1 not later than #fj days after making the determination1 publish in the ,federal ,register a notice of the determination4 7,b7 ,a determination described in this subparagraph is a determination by the ,secretary under paragraph 7#a7 that-- 7i7 a presumption of service connection is not warranted for a disease2 and 7ii7 7,i7 sufficient evidence of an association exists between the exposure of humans to a toxic substance and the occurrence of the disease in humans2 or 7,,ii7 limited evidence or suggestive evidence of such an association exists4 7,c7 ,any notice published under subparagraph 7,a7 shall include an explanation of the scientific basis for the determination described in subparagraph 7,b74 7,d7 ,if a disease already presumed to be service connected under this section is subject to a determination described in subparagraph 7,b71 the ,secretary shall1 not later than #fj days after publication of the notice under subparagraph 7,a71 issue proposed regulations removing the presumption of service connection for the disease4 7#d7 ,not later than #ahj days after the date on which the ,secretary issues any proposed regulations under this subsection1 the ,secretary shall issue final regulations4 7d7 ,removal of presumption of service connection ,whenever the presumption of service connection for a disease under this section is removed under subsection 7c7-- 7#a7 a veteran who was awarded compensation for the disease on the basis of the presumption before the effective date of the removal of the presumption shall continue to be entitled to receive compensation on that basis2 and 7#b7 a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis4 7e7 ,reference to ,national ,academies of ,sciences1 ,engineering1 and ,medicine ,in the case that the ,secretary enters into an agreement with another organization as described in section #bjb7;i77#a7 of the ,toxic ,exposure in the ,american ,military ,act of #bjbj1 any reference in this section to the ,national ,academies of ,sciences1 ,engineering1 and ,medicine shall be treated as a reference to the other organization4 7f7 ,definitions ,in this section3 7#a7 ,the term positive association means1 with respect to an association between exposure to a toxic substance and the occurrence of a disease in humans1 that there is credible evidence for the association and such evidence is equal to or outweighs the credible evidence against the association4 7#b7 ,the term toxic substance has the meaning given that term in section #agbj;,j7i7 of this title4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #aa of such title is amended by inserting after the item relating to section #aaah the following new item3 #aaai4 ,presumptions of service connection for diseases associated with exposure to certain toxic substances4 4 7c7 ,conforming amendment ,section #aaac of such title is amended by striking or #aaah each place it appears and inserting #aaah1 or #aaai4 ,,ii ,research and review regarding exposure to toxic substances #bja4 ,establishment of ,toxic ,exposure ,review ,commission 7a7 ,in general ,subchapter ,,iii of chapter #e of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #edg4 ,toxic ,exposure ,review ,commission 7a7 ,establishment ,there is established within the ,department an independent commission to be known as the ,toxic ,exposure ,review ,commission 7in this section referred to as the ,commission74 7b7 ,duties ,the ,commission shall carry out the following duties3 7#a7 ,collect any relevant public information from the ,department of ,defense and other sources to identify possible exposures to toxic substances pertaining to active military1 naval1 or air service4 7#b7 ,hold public meetings to gather relevant information regarding exposure to toxic substances4 7#c7 ,review such information to assess whether to recommend that a study be conducted under section #bjb7;e7 of the ,toxic ,exposure in the ,american ,military ,act of #bjbj4 7#d7 ,recommend1 by majority vote1 whether such a study should be conducted4 7#e7 ,recommend to the ,secretary1 by majority vote1 whether new1 independent studies should be conducted regarding the health outcomes of exposure to toxic substances4 7#f7 ,annually report to ,congress on progress regarding the duties set forth in paragraphs 7#a7 through 7#e74 7c7 ,membership 7#a7 7,a7 ,the ,commission shall be composed of #i members1 appointed as follows3 7i7 ,two members appointed by the ,speaker of the ,house of ,representatives4 7ii7 ,two members appointed by the minority leader of the ,house of ,representatives4 7iii7 ,two members appointed by the majority leader of the ,senate4 7iv7 ,two members appointed by the minority leader of the ,senate4 7v7 ,one member appointed by the ,secretary4 7,b7 ,the initial members of the ,commission shall be appointed under subparagraph 7,a7 not later than #ahj days after the date of the enactment of the ,toxic ,exposure in the ,american ,military ,act of #bjbj4 7#b7 ,in appointing individuals under paragraph 7#a77;,a71 the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 the minority leader of the ,senate1 and the ,secretary shall ensure that the following fields of experience are represented on the ,commission3 7,a7 ,the field of respiratory medicine4 7,b7 ,the field of endocrinology and metabolic medicine4 7,c7 ,the field of hematology4 7,d7 ,the field of oncology4 7,e7 ,the field of public health4 7,f7 ,the field of occupational and environmental health4 7#c7 ,in appointing individuals under paragraph 7#a77;,a71 the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 the minority leader of the ,senate1 and the ,secretary shall ensure that at least two members of the ,commission represent an organization recognized by the ,secretary for the representation of veterans under section #eijb of this title4 7#d7 ,in appointing individuals under paragraph 7#a77;,a71 the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 the minority leader of the ,senate1 and the ,secretary shall give consideration to including in the ,commission at least one member who works with survivors of illnesses related to exposure to toxic substances and has a background in the field of study of exposure to toxic substances4 7d7 ,meetings 7#a7 ,the ,commission shall meet not less frequently than twice each year4 7#b7 7,a7 ,each meeting of the ,commission shall be open to the public4 7,b7 ,all the proceedings1 information1 and deliberations of the ,commission shall be available for review by the public4 7e7 ,chair and ,vice ,chair ,at the initial meeting of the ,commission under subsection 7d71 the ,commission shall select a ,chair and ,vice ,chair from among the members of the ,commission by a majority vote of the members of the ,commission4 7f7 ,vacancies ,a vacancy in the ,commission shall be filled in the same manner as the original appointment1 but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual's predecessor was appointed4 7g7 ,pay 7#a7 ,members of the ,commission shall serve without pay4 7#b7 ,each member of the ,commission who is an officer or employee of the ,united ,states shall serve without compensation in addition to that received for service as an officer or employee of the ,united ,states4 7#c7 ,members shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e4 7h7 ,director of staff 7#a7 ,the ,commission shall appoint a ,director who-- 7,a7 has not served as an employee of the ,department during the one-year period preceding the date of such appointment2 and 7,b7 is not otherwise barred or prohibited from serving as ,director under ,federal ethics laws and regulations1 by reason of post-employment conflict of interest4 7#b7 ,the ,director shall be paid at the rate of basic pay payable for level ,,iv of the ,executive ,schedule under section #ecae of title #e4 7i7 ,staff 7#a7 ,subject to paragraphs 7#b7 and 7#c71 the ,director1 with the approval of the ,commission1 may appoint and fix the pay of additional personnel4 7#b7 ,the ,director may make such appointments without regard to the provisions of title #e governing appointments in the competitive service1 and any personnel so appointed may be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of that title relating to classification and ,general ,schedule pay rates1 except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for ,,gs-#ae of the ,general ,schedule4 7#c7 7,a7 ,not more than two-thirds of the personnel employed by or detailed to the ,commission may be on detail from the ,department4 7,b7 ,not more than half of the professional analysts of the ,commission staff may be persons detailed from the ,department to the ,commission4 7#d7 ,subject to paragraph 7#c71 the head of any ,federal agency1 upon the request of the ,director1 may detail any of the personnel of that agency to the ,commission to assist the ,commission in carrying out its duties under this section4 7#e7 ,the ,commission may secure directly from any ,federal agency such information as the ,commission considers necessary to carry out this section4 ,upon request of the ,chair1 the head of such agency shall furnish such information to the ,commission1 unless such information is classified4 7j7 ,other authority 7#a7 ,the ,commission may procure by contract1 to the extent funds are available1 the temporary or intermittent services of experts or consultants pursuant to section #caji of title #e4 7#b7 ,to the extent funds are available1 the ,commission may lease real property and acquire personal property either of its own accord or in consultation with the ,general ,services ,administration4 7k7 ,communications 7#a7 7,a7 ,except as provided in subparagraph 7,b71 no person may restrict an employee of the ,department in communicating with the ,commission4 7,b7 ,subparagraph 7,a7 does not apply to a communication that is unlawful4 7#b7 ,all ex parte communications with the ,commission shall be made part of the public record4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such subchapter is amended by adding at the end the following new item3 #edg4 ,toxic ,exposure ,review ,commission4 4 #bjb4 ,agreement with ,national ,academies of ,sciences1 ,engineering1 and ,medicine concerning the exposure of humans to toxic substances 7a7 ,purpose ,the purpose of this section is to provide for the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7in this section referred to as the ,academies71 an independent nonprofit scientific organization with appropriate expertise that is not part of the ,federal ,government1 to review and evaluate the available scientific evidence regarding associations between diseases and exposure to toxic substances4 7b7 ,agreement 7#a7 ,in general ,the ,secretary of ,veterans ,affairs shall seek to enter into an agreement with the ,academies to perform the services covered by this section4 7#b7 ,timing ,the ,secretary shall seek to enter into an agreement described in paragraph 7#a7 not later than #fj days after the date of the enactment of this ,act4 7c7 ,review of scientific evidence ,under an agreement between the ,secretary and the ,academies under this section1 the ,academies shall review and summarize the scientific evidence1 and assess the strength thereof1 concerning the association between exposure to toxic substances during active military1 naval1 or air service and each disease suspected to be associated with such exposure in the human population4 7d7 ,scientific determinations concerning diseases ,for each disease reviewed under subsection 7c71 the ,academies shall determine1 to the extent that available scientific data permit meaningful determinations-- 7#a7 whether an association exists between exposure to toxic substances and the occurrence of the disease1 taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association2 7#b7 the increased risk of the disease among those exposed to toxic substances during active military1 naval1 or air service2 and 7#c7 whether there exists a plausible biological mechanism or other evidence of a causal relationship between the exposure and the occurrence of the disease4 7e7 ,scientific studies 7#a7 ,in general ,under an agreement between the ,secretary and the ,academies under this section1 the ,academies shall conduct such scientific studies as the ,toxic ,exposure ,review ,commission recommends pursuant to section #edg7;b77#d7 of title #ch1 ,united ,states ,code1 as added by section #bja7;a74 7#b7 ,recommendations for additional scientific studies 7,a7 ,in general ,under an agreement between the ,secretary and the ,academies under this section1 the ,academies shall make any recommendations for additional scientific studies to resolve areas of continuing scientific uncertainty relating to the exposure of humans to toxic substances4 7,b7 ,considerations ,in making recommendations under subparagraph 7,a71 the ,academies shall consider-- 7i7 the scientific information that is available at the time of the recommendation2 7ii7 the value and relevance of the information that could result from additional studies2 and 7iii7 the cost and feasibility of carrying out such additional studies4 7f7 ,subsequent reviews ,under an agreement between the ,secretary and the ,academies under this section1 the ,academies shall-- 7#a7 conduct as comprehensive a review as is practicable of the evidence referred to in subsection 7c7 that became available since the last review of such evidence under this section2 and 7#b7 make determinations and estimates on the basis of the results of such review and all other reviews conducted for the purposes of this section4 7g7 ,reports 7#a7 ,initial report 7,a7 ,in general ,under an agreement between the ,secretary and the ,academies under this section1 not later than one year after the date of the enactment of this ,act1 the ,academies shall submit to the ,secretary1 the ,committee on ,veterans' ,affairs of the ,senate1 and the ,committee on ,veterans' ,affairs of the ,house of ,representatives an initial report on the activities of the ,academies under the agreement4 7,b7 ,elements ,the report submitted under subparagraph 7,a7 shall include the following3 7i7 ,the determinations described in subsection 7d74 7ii7 ,a full explanation of the scientific evidence and reasoning that led to such determinations4 7iii7 ,any recommendations of the ,academies under subsection 7e77#b74 7iv7 ,the recommendation described in subparagraph 7,c74 7,c7 ,recommendation for implementation of analysis of examinations and treatment of veterans for disabilities related to exposure to toxic substances 7i7 ,in general ,the recommendation described in this subparagraph is the recommendation of the ,academies as to whether section #bjc should take effect as provided in subsection 7d7 of such section4 7ii7 ,considerations ,in making a recommendation under clause 7i71 the ,academies shall consider-- 7,i7 the scientific information that is available at the time of the recommendation2 7,,ii7 the value and relevance of the information that could result from the implementation of section #bjc2 and 7,,iii7 the cost and feasibility of such implementation4 7iii7 ,maintenance of clinical data ,if the ,academies recommend that section #bjc should take effect1 the ,academies shall recommend the means by which clinical data referred to in that section could be maintained in the most scientifically useful way4 7#b7 ,periodic updates ,under an agreement between the ,secretary and the ,academies under this section1 not less frequently than once every two years after the date on which the initial report is submitted under paragraph 7#a77;,a71 the ,academies shall submit to the ,secretary1 the ,committee on ,veterans' ,affairs of the ,senate1 and the ,committee on ,veterans' ,affairs of the ,house of ,representatives an updated report on the activities of the ,academies under the agreement4 7h7 ,limitation on authority ,the authority to enter into agreements under this section shall be effective for a fiscal year to the extent that appropriations are available for such purpose4 7i7 ,alternative contract scientific organization 7#a7 ,in general ,if the ,secretary is unable within the time period prescribed in subsection 7b77#b7 to enter into an agreement with the ,academies for the purposes of this section on terms acceptable to the ,secretary1 the ,secretary shall seek to enter into an agreement for the purposes of this section with another appropriate scientific organization that-- 7,a7 is not part of the ,federal ,government2 7,b7 operates as a not-for-profit entity2 and 7,c7 has expertise and objectivity comparable to that of the ,academies4 7#b7 ,treatment ,if the ,secretary enters into an agreement with another organization as described in paragraph 7#a71 any reference in this section1 section #bjc1 and section #aaai of title #ch1 ,united ,states ,code1 as added by section #ajb7;a71 to the ,national ,academies of ,sciences1 ,engineering1 and ,medicine shall be treated as a reference to the other organization4 #bjc4 ,analysis of results of consultation1 testing1 and treatment of veterans for disabilities related to exposure to toxic substances 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall compile and analyze1 on a continuous basis1 all clinical data that-- 7#a7 is obtained by the ,department of ,veterans ,affairs in connection with consultation1 testing1 and treatment furnished to veterans by the ,department under section #agbj;,j of title #ch1 ,united ,states ,code1 as added by section #aja7;a72 and 7#b7 is likely to be scientifically useful in determining the association1 if any1 between the disability of a veteran and exposure to a toxic substance4 7b7 ,consent of patients ,compilation and analysis by the ,secretary of clinical data of a veteran under subsection 7a7 shall be conducted1 and such data shall be used1 consistent with the informed consent of the veteran and in compliance with all applicable ,federal law4 7c7 ,annual report ,not later than one year after the effective date under subsection 7d71 and annually thereafter1 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-- 7#a7 the information compiled under subsection 7a72 7#b7 an analysis of such information2 7#c7 a description of the types and incidences of disabilities identified by the ,department under such subsection2 7#d7 the explanation of the ,secretary for the incidence of such disabilities and other explanations for the incidence of such disabilities as the ,secretary considers reasonable2 and 7#e7 the views of the ,secretary on the scientific validity of drawing conclusions from the incidence of such disabilities1 as evidenced by the data compiled under subsection 7a71 regarding any association between such disabilities and exposure to a toxic substance4 7d7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 this section shall take effect on the date that is #ij days after the date on which the report submitted by the ,national ,academies of ,sciences1 ,engineering1 and ,medicine under section #bjb7;g77#a7 is received by the ,secretary4 7#b7 ,exception ,this section shall not take effect if the ,secretary1 after receiving the report described in paragraph 7#a7 and before the end of the #ij-;day period described in such paragraph-- 7,a7 determines that it is not feasible or cost-effective to carry out this section or that carrying out this section would not make a material contribution to the body of scientific knowledge concerning the health effects in humans of herbicide exposure2 and 7,b7 notifies the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives of that determination and the reasons therefor4 #bjd4 ,report to evaluate and identify groups at-risk of exposure to toxic substances 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 and every two years thereafter1 the ,secretary of ,defense shall submit to the appropriate committees of ,congress and1 subject to applicable ,federal privacy laws1 make available to the public a report evaluating and identifying the groups of members of the ,armed ,forces and former members of the ,armed ,forces who are at-risk of exposure to toxic substances4 7b7 ,existing data ,the ,secretary shall use data from existing record and tracking systems to develop each report under subsection 7a74 7c7 ,use of capabilities of ,national ,artificial ,intelligence ,institute ,in developing each report under subsection 7a71 the ,secretary shall use the capabilities of the ,national ,artificial ,intelligence ,institute of the ,department of ,veterans ,affairs to interpret the veteran population data within the ,individual ,longitudinal ,exposure ,record of the ,department1 including data compiled under-- 7#a7 the ,million ,veteran ,program of the ,department2 7#b7 health records of veterans2 and 7#c7 benefits records of veterans4 7d7 ,elements of report ,each report submitted under subsection 7a7 shall-- 7#a7 identify groups at a high-risk for illnesses relating to exposure to toxic substances and recommend an outreach strategy for those groups2 and 7#b7 determine the viability of correlating the ,individual ,longitudinal ,exposure ,record and health records maintained by the ,veterans ,health ,administration1 including with respect to participation of a veteran in the ,million ,veteran ,program of the ,department1 to provide more data to epidemiologists of the ,department4 7e7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,armed ,services and the ,committee on ,veterans' ,affairs of the ,senate2 and 7#b7 the ,committee on ,armed ,services and the ,committee on ,veterans' ,affairs of the ,house of ,representatives4 ,,iii ,improvement of resources of ,department of ,veterans ,affairs regarding exposures to toxic substances #cja4 ,publication of list of resources of ,department of ,veterans ,affairs for veterans exposed to toxic substances and outreach program for such veterans and caregivers and survivors of such veterans 7a7 ,publication of list of resources 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,veterans ,affairs shall publish a list of resources of the ,department of ,veterans ,affairs for-- 7,a7 veterans provided disability compensation under chapter #aa of title #ch1 ,united ,states ,code1 relating to exposure to toxic substances2 7,b7 veterans eligible for consultation1 testing1 and treatment under section #agbj;,j of such title1 as added by section #aja7;a72 7,c7 caregivers of veterans described in subparagraph 7,a7 or 7,b7 who are participating in the program of comprehensive assistance for family caregivers under section #agbj;,g7a7 of such title2 and 7,d7 survivors of veterans described in subparagraph 7,a7 or 7,b7 7or who would be described in any such subparagraph were the veteran alive7 who are receiving death benefits under the laws administered by the ,secretary4 7#b7 ,update ,the ,secretary shall periodically update the list published under paragraph 7#a74 7b7 ,outreach ,the ,secretary shall develop1 with input from the community1 an informative outreach program for veterans on illnesses that may be related to exposure to toxic substances1 including outreach with respect to benefits and support programs4 #cjb4 ,incorporation of toxic exposure questionnaire during primary care appointments 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall incorporate a clinical questionnaire to help determine potential exposure to toxic substances during active military1 naval1 or air service as part of the initial screening conducted for an appointment of a veteran with a primary care provider of the ,department of ,veterans ,affairs to improve understanding by the ,department of exposure of veterans to toxic substances while serving in the ,armed ,forces4 7b7 ,determination of questions ,the questions included in the questionnaire required under subsection 7a7 shall be determined by the ,secretary with input from medical professionals4 #cjc4 ,portal for access by veterans to individual longitudinal exposure record 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall establish a portal through which a veteran may access documents and information with respect to the veteran contained in the ,individual ,longitudinal ,exposure ,record of the ,department of ,veterans ,affairs4 7b7 ,elements of portal ,the portal established under subsection 7a7 shall-- 7#a7 present documents and information with respect to a veteran contained in the ,individual ,longitudinal ,exposure ,record of the veteran in a printable1 read-only format2 and 7#b7 be hosted on an internet website of the ,department that is commonly used by veterans4 #cjd4 ,training of personnel of ,department of ,veterans ,affairs on illnesses related to exposure to toxic substances 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall ensure that personnel of the ,department of ,veterans ,affairs1 including personnel involved with establishing disability ratings under the laws administered by the ,secretary1 and non-,department health care personnel who provide care to veterans under the laws administered by the ,secretary are appropriately trained to identify1 treat1 and assess the impact of illnesses related to exposure to toxic substances4 7b7 ,elements of training ,the training required under subsection 7a7 shall-- 7#a7 provide veterans and personnel with specific education with respect to illnesses related to exposure to toxic substances2 7#b7 inform disability raters of secondary effects that can be attributed to exposure to toxic substances2 and 7#c7 inform personnel of how to probe for additional information regarding exposures to different toxicants4 7c7 ,toxicant defined ,in this section1 the term toxicant has the meaning given that term in section #agbj;,j7i7 of title #ch1 ,united ,states ,code1 as added by section #aja7;a74 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,toxic ,exposure in the ,american ,military ,act of #bjbj or the ,,team ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,expansion of health care and benefits for veterans exposed to toxic substances,sec4 #aja4 ,expansion of health care eligibility for certain individuals exposed to open burn pits and other toxic substances4,sec4 #ajb4 ,expansion of health care eligibility for veterans awarded certain medals4,sec4 #ajc4 ,permanent reauthorization of authority of ,secretary of ,veterans ,affairs to prescribe regulations providing that a presumption of service connection is warranted for a disease associated with exposure to a herbicide agent4,sec4 #ajd4 ,permanent reauthorization of authority of ,secretary of ,veterans ,affairs to prescribe regulations providing that a presumption of service connection is warranted for an illness associated with service in the ,persian ,gulf during the ,persian ,gulf ,war4,sec4 #aje4 ,presumptions of service connection for diseases associated with exposure to certain toxic substances4,,title ,,ii--,research and review regarding exposure to toxic substances,sec4 #bja4 ,establishment of ,toxic ,exposure ,review ,commission4,sec4 #bjb4 ,agreement with ,national ,academies of ,sciences1 ,engineering1 and ,medicine concerning the exposure of humans to toxic substances4,sec4 #bjc4 ,collection1 analysis1 and report on treatment of veterans for medical conditions related to exposure to toxic substances4,,title ,,iii--,improvement of resources of ,department of ,veterans ,affairs regarding exposures to toxic substances,sec4 #cja4 ,publication of list of resources of ,department of ,veterans ,affairs for veterans exposed to toxic substances and outreach program for such veterans and caregivers and survivors of such veterans4,sec4 #cjb4 ,incorporation of toxic exposure questionnaire during primary care appointments4,sec4 #cjc4 ,portal for access by veterans to ,individual ,longitudinal ,exposure ,record4,sec4 #cjd4 ,training of health care personnel of ,department of ,veterans ,affairs on illnesses related to exposure to toxic substances4 #b4 ,definitions ,in this ,act3 7#a7 ,active military1 naval1 or air service ,the term active military1 naval1 or air service has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 7#b7 ,open burn pit ,the term open burn pit has the meaning given that term in section #bja7;c7 of the ,dignified ,burial and ,other ,veterans' ,benefits ,improvement ,act of #bjab 7,public ,law #aab-bfj2 #ch ,u4,s4,c4 #ebg note74 7#c7 ,toxic substance ,the term toxic substance has the meaning given that term in subparagraph 7,g77iv7 of section #agaj7;e77#a7 of such title1 as added by section #aja7;a74 ,i ,expansion of health care and benefits for veterans exposed to toxic substances #aja4 ,expansion of health care eligibility for certain individuals exposed to open burn pits and other toxic substances 7a7 ,in general ,section #agaj7;e7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following new subparagraph3 7,g7 7i7 ,subject to paragraph 7#b71 a covered individual is eligible for hospital care1 medical services1 and nursing home care under subsection 7a77#b77;,f7 for any illness4 7ii7 ,for purposes of this subparagraph1 a covered individual is an individual who-- 7,i7 is eligible for inclusion in the ,airborne ,hazards and ,open ,burn ,pit ,registry2 or 7,,ii7 has been identified by the ,secretary of ,defense to have been possibly exposed1 inside or outside the ,united ,states1 during active duty1 active duty for training1 or inactive duty training1 to-- 7aa7 an open burn pit2 7bb7 a toxic substance2 or 7cc7 a site included in a database maintained by the ,department of ,defense and shared with the ,department of ,veterans ,affairs to serve as the central portal for exposure-related data that compiles1 collates1 presents1 and provides available occupational and environmental exposure information to support the needs of the ,department of ,defense and the ,department of ,veterans ,affairs4 7iii7 ,a covered individual shall be enrolled in the system of annual patient enrollment of the ,department in the priority group under subsection 7a77#f7 of section #agje of this title4 7iv7 ,in this subparagraph3 7,i7 ,the term ,airborne ,hazards and ,open ,burn ,pit ,registry means the registry established by the ,secretary under section #bja of the ,dignified ,burial and ,other ,veterans' ,benefits ,improvement ,act of #bjab 7,public ,law #aab-bfj2 #ch ,u4,s4,c4 #ebg note74 7,,ii7 ,the term open burn pit has the meaning given that term in section #bja7;c7 of the ,dignified ,burial and ,other ,veterans' ,benefits ,improvement ,act of #bjab 7,public ,law #aab-bfj2 #ch ,u4,s4,c4 #ebg note74 7,,iii7 ,the term toxic substance means a toxicant or a toxin4 7,,iv7 ,the term toxicant means any substance that can injure or kill humans1 animals1 or plants and that is produced by humans or is a by-product of human activities4 7,v7 ,the term toxin means any substance that can injure or kill humans1 animals1 or plants and that is produced naturally4 2 and 7#b7 in paragraph 7#b77;,b71 by striking or 7,f7 and inserting 7,f71 or 7,g74 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date that is #ij days after the date of the enactment of this ,act4 7c7 ,determinations of exposure 7#a7 ,in general ,the ,secretary of ,veterans ,affairs shall1 to the extent practicable1 establish and maintain a mechanism by which veterans may determine whether or not they have been possibly exposed to an open burn pit or toxic substance described in subparagraph 7,g77ii77,,ii7 of section #agaj7;e77#a7 of title #ch1 ,united ,states ,code1 as added by subsection 7a71 for purposes of being considered as covered individuals under such subparagraph4 7#b7 ,approval of ,secretary ,any determination made under paragraph 7#a7 shall be subject to the approval of the ,secretary4 7#c7 ,appeals ,the ,secretary shall establish a mechanism for appealing a decision made by the ,secretary under paragraph 7#b74 7d7 ,report 7#a7 ,in general ,not later than #cj days after the date on which the ,secretary of ,defense identifies the individuals described in subparagraph 7,g77ii77,,ii7 of section #agaj7;e77#a7 of title #ch1 ,united ,states ,code1 as added by subsection 7a71 the ,secretary1 in consultation with the ,secretary of ,veterans ,affairs1 shall submit to the appropriate committees of ,congress a report4 7#b7 ,elements ,the report required by paragraph 7#a7 shall include the following3 7,a7 ,the duty locations or units of the individuals described in paragraph 7#a71 or other information on groups to which such individuals belong4 7,b7 ,the evidence considered in identifying individuals who were possibly exposed to an open burn pit1 toxic substance1 or site as described in subparagraph 7,g77ii77,,ii7 of section #agaj7;e77#a7 of title #ch1 ,united ,states ,code1 as added by subsection 7a74 7,c7 ,the criteria used to determine whether an individual was so exposed4 7#c7 ,appropriate committees of ,congress ,in this subsection1 the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,veterans' ,affairs and the ,committee on ,armed ,services of the ,senate2 and 7,b7 the ,committee on ,veterans' ,affairs and the ,committee on ,armed ,services of the ,house of ,representatives4 #ajb4 ,expansion of health care eligibility for veterans awarded certain medals 7a7 ,in general ,section #agaj7;e7 of title #ch1 ,united ,states ,code1 as amended by section #aja7;a71 is further amended-- 7#a7 in paragraph 7#a71 by adding at the end the following new subparagraph3 7,h7 7i7 ,subject to paragraph 7#b71 a veteran is eligible for hospital care1 medical services1 and nursing home care under subsection 7a77#b77;,f7 for any illness if the veteran was awarded any of the following3 7,i7 ,the ,armed ,forces ,service ,medal4 7,,ii7 ,the ,afghanistan ,campaign ,medal4 7,,iii7 ,the ,global ,war on ,terrorism ,expeditionary ,medal4 7,,iv7 ,the ,inherent ,resolve ,campaign ,medal4 7,v7 ,the ,iraq ,campaign ,medal4 7,,vi7 ,the ,southwest ,asia ,service ,medal4 7ii7 ,a veteran described in clause 7i7 shall be enrolled in the system of annual patient enrollment of the ,department in the priority group under subsection 7a77#f7 of section #agje of this title4 2 and 7#b7 in paragraph 7#b71 by striking or 7,g7 and inserting 7,g71 or 7,h74 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date that is #ij days after the date of the enactment of this ,act4 #ajc4 ,permanent reauthorization of authority of ,secretary of ,veterans ,affairs to prescribe regulations providing that a presumption of service connection is warranted for a disease associated with exposure to a herbicide agent 7a7 ,in general ,section #aaaf of title #ch1 ,united ,states ,code1 is amended by striking subsection 7e74 7b7 ,effective date ,subsection 7a7 of this section and subsections 7b7 through 7d7 of section #aaaf of such title shall take effect on the date of the enactment of this ,act4 #ajd4 ,permanent reauthorization of authority of ,secretary of ,veterans ,affairs to prescribe regulations providing that a presumption of service connection is warranted for an illness associated with service in the ,persian ,gulf during the ,persian ,gulf ,war 7a7 ,in general ,section #aaah of title #ch1 ,united ,states ,code1 is amended by striking subsection 7e74 7b7 ,effective date ,subsection 7a7 of this section and subsections 7b7 through 7d7 of section #aaah of such title shall take effect on the date of the enactment of this ,act4 #aje4 ,presumptions of service connection for diseases associated with exposure to certain toxic substances 7a7 ,in general ,subchapter ,,ii of chapter #aa of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #aaai4 ,presumptions of service connection for diseases associated with exposure to certain toxic substances 7a7 ,presumptions of service connection 7#a7 ,for purposes of section #aaaj of this title1 and subject to section #aaac of this title1 each disease specified in paragraph 7#b7 becoming manifest as specified in that paragraph shall be considered to have been incurred in or aggravated by service referred to in that paragraph1 notwithstanding that there is no record of evidence of such disease during the period of such service4 7#b7 ,a disease specified in this paragraph is any disease that-- 7,a7 the ,secretary determines in regulations prescribed under this section warrants a presumption of service connection by reason of having a positive association with exposure to a toxic substance2 and 7,b7 becomes manifest within the period1 if any1 prescribed in such regulations in a veteran who was exposed to that toxic substance during active military1 naval1 or air service4 7#c7 7,a7 ,for purposes of this subsection1 the ,secretary may presume that a veteran who has a disease specified in paragraph 7#b7 was exposed to the toxic substance for which the ,secretary has determined under paragraph 7#b77;,a7 warrants a presumption of service connection by reason of having a positive association with exposure to the toxic substance1 notwithstanding that there is no record of evidence of such exposure1 if the ,secretary determines based on one or more of the factors set forth in subparagraph 7,b7 that a presumption of exposure is warranted4 7,b7 ,the factors set forth in this subparagraph are as follows3 7i7 ,the duty location of the veteran4 7ii7 ,the length of service of the veteran4 7iii7 ,such other factors as the ,secretary considers appropriate4 7b7 ,determinations relating to diseases 7#a7 ,whenever the ,secretary determines1 on the basis of sound medical and scientific evidence1 that a positive association exists between the exposure of humans to a toxic substance and the occurrence of a disease in humans1 the ,secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for purposes of this section4 7#b7 ,in making determinations under paragraph 7#a71 the ,secretary shall take into account-- 7,a7 reports received by the ,secretary from the ,national ,academies of ,sciences1 ,engineering1 and ,medicine under section #bjb7;g7 of the ,toxic ,exposure in the ,american ,military ,act of #bjbj2 and 7,b7 all other sound medical and scientific information and analyses available to the ,secretary4 7#c7 7,a7 ,in evaluating any report1 information1 or analysis for purposes of making such determinations1 the ,secretary shall consider only scientific studies that are valid in accordance with contemporary scientific standards4 7,b7 ,the ,secretary may define the standards described in subparagraph 7,a7 for purposes of that subparagraph4 7c7 ,response to reports by the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7#a7 ,not later than #fj days after the date on which the ,secretary receives a report from the ,national ,academies of ,sciences1 ,engineering1 and ,medicine under section #bjb7;g7 of the ,toxic ,exposure in the ,american ,military ,act of #bjbj1 the ,secretary shall determine whether a presumption of service connection is warranted for each disease covered by the report4 7#b7 ,if the ,secretary determines under paragraph 7#a7 that a presumption of service connection is warranted for a disease1 the ,secretary shall1 not later than #fj days after making the determination1 issue proposed regulations setting forth the determination4 7#c7 7,a7 ,if the ,secretary makes a determination described in subparagraph 7,b71 the ,secretary shall1 not later than #fj days after making the determination1 publish in the ,federal ,register a notice of the determination4 7,b7 ,a determination described in this subparagraph is a determination by the ,secretary under paragraph 7#a7 that a presumption of service connection is not warranted for a disease as to which the ,national ,academies of ,sciences1 ,engineering1 and ,medicine determined that there was-- 7i7 sufficient evidence of an association between the exposure of humans to a toxic substance and the occurrence of the disease in humans2 or 7ii7 limited evidence or suggestive evidence of such an association4 7,c7 ,any notice published under subparagraph 7,a7 shall include an explanation of the scientific basis for the determination described in subparagraph 7,b74 7,d7 ,if a disease already presumed to be service connected under this section is subject to a determination described in subparagraph 7,b71 the ,secretary shall1 not later than #fj days after publication of the notice under subparagraph 7,a71 issue proposed regulations removing the presumption of service connection for the disease4 7#d7 ,not later than #ahj days after the date on which the ,secretary issues any proposed regulations under this subsection1 the ,secretary shall issue final regulations4 7d7 ,removal of presumption of service connection ,whenever the presumption of service connection for a disease under this section is removed under subsection 7c7-- 7#a7 a veteran who was awarded compensation for the disease on the basis of the presumption before the effective date of the removal of the presumption shall continue to be entitled to receive compensation on that basis2 and 7#b7 a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis4 7e7 ,reference to ,national ,academies of ,sciences1 ,engineering1 and ,medicine ,in the case that the ,secretary enters into an agreement with another organization as described in section #bjb7;h77#a7 of the ,toxic ,exposure in the ,american ,military ,act of #bjbj1 any reference in this section to the ,national ,academies of ,sciences1 ,engineering1 and ,medicine shall be treated as a reference to the other organization4 7f7 ,definitions ,in this section3 7#a7 ,the term positive association means1 with respect to an association between exposure to a toxic substance and the occurrence of a disease in humans1 that there is credible evidence for the association and such evidence is equal to or outweighs the credible evidence against the association4 7#b7 ,the term toxic substance has the meaning given that term in section #agaj7;e77#a77;,g77iv7 of this title4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #aa of such title is amended by inserting after the item relating to section #aaah the following new item3 #aaai4 ,presumptions of service connection for diseases associated with exposure to certain toxic substances4 4 7c7 ,conforming amendment ,section #aaac of such title is amended by striking or #aaah each place it appears and inserting #aaah1 or #aaai4 ,,ii ,research and review regarding exposure to toxic substances #bja4 ,establishment of ,toxic ,exposure ,review ,commission 7a7 ,in general ,subchapter ,,iii of chapter #e of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #edg4 ,toxic ,exposure ,review ,commission 7a7 ,establishment ,the ,secretary shall establish an independent commission to be known as the ,toxic ,exposure ,review ,commission 7in this section referred to as the ,commission74 7b7 ,purpose ,the ,commission shall-- 7#a7 advise the ,secretary on questions relating to exposure to toxic substances that require scientific research2 and 7#b7 assist in the consideration of possible presumptions of service connection4 7c7 ,duties ,the ,commission shall carry out the following duties3 7#a7 ,collect any relevant information from the ,department of ,defense and other sources to identify possible toxic exposures related to service during active duty1 active duty for training1 or inactive duty training in order to determine the need for a comprehensive review under an agreement under section #bjb of the ,toxic ,exposure in the ,american ,military ,act of #bjbj4 ,relevant information may be collected from the following3 7,a7 ,any ,federal agency1 as the ,commission considers necessary to carry out this section4 ,upon request of the ,chair1 the head of such agency shall furnish such information to the ,commission1 unless such information is classified4 7,b7 ,public meetings or hearings1 which may be held to take such testimony and receive such evidence as the ,commission considers advisable to carry out the duties of the ,commission4 7#b7 ,recommend to the ,secretary1 by majority vote1 whether a comprehensive scientific review should be conducted by the ,national ,academies of ,sciences1 ,engineering1 and ,medicine under an agreement under section #bjb of the ,toxic ,exposure in the ,american ,military ,act of #bjbj4 7#c7 ,recommend to the ,secretary1 by majority vote1 whether new1 independent studies regarding the health outcomes of exposure to toxic substances1 or any other new1 independent studies that the ,commission deems necessary and appropriate1 should be conducted4 7#d7 ,annually report to ,congress on progress regarding the duties set forth in paragraphs 7#a7 through 7#c71 any recommendations made to the ,secretary1 and any responses of the ,secretary to such recommendations4 7d7 ,membership 7#a7 7,a7 ,the ,commission shall be composed of #i members1 appointed as follows3 7i7 ,two members appointed by the ,speaker of the ,house of ,representatives4 7ii7 ,two members appointed by the minority leader of the ,house of ,representatives4 7iii7 ,two members appointed by the majority leader of the ,senate4 7iv7 ,two members appointed by the minority leader of the ,senate4 7v7 ,one member appointed by the ,secretary4 7,b7 ,the initial members of the ,commission shall be appointed under subparagraph 7,a7 not later than #ahj days after the date of the enactment of the ,toxic ,exposure in the ,american ,military ,act of #bjbj4 7#b7 ,in appointing individuals under paragraph 7#a77;,a71 the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 the minority leader of the ,senate1 and the ,secretary shall ensure that at least five members of the ,commission are scientists or health care professionals-- 7,a7 of whom-- 7i7 one has a background in the field of respiratory medicine2 7ii7 one has a background in the field of endocrinology and metabolic medicine2 7iii7 one has a background in hematology2 7iv7 one has a background in oncology2 and 7v7 one has a background in occupational and environmental health2 and 7,b7 who are not officials or employees of the ,federal ,government4 7#c7 ,in appointing individuals under paragraph 7#a77;,a71 the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 the minority leader of the ,senate1 and the ,secretary shall ensure that at least two members of the ,commission represent an organization recognized by the ,secretary for the representation of veterans under section #eijb of this title4 7#d7 ,in appointing individuals under paragraph 7#a77;,a71 the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 the minority leader of the ,senate1 and the ,secretary shall give consideration to including in the ,commission at least one member who works with survivors of illnesses related to exposure to toxic substances and has a background in the field of study of exposure to toxic substances4 7e7 ,meetings 7#a7 ,the ,commission shall meet not less frequently than twice each year4 7#b7 7,a7 ,each meeting of the ,commission shall be open to the public4 7,b7 ,all the proceedings1 information1 and deliberations of the ,commission shall be available for review by the public4 7,c7 ,meetings of the ,commission may be carried out through the use of telephonic or other appropriate telecommunication technology if the ,commission determines that such technology will allow the members to communicate simultaneously4 7f7 ,chair and ,vice ,chair ,at the initial meeting of the ,commission under subsection 7e71 the ,commission shall select a ,chair and ,vice ,chair from among the members of the ,commission by a majority vote of the members of the ,commission4 7g7 ,period of appointment2 vacancies 7#a7 ,a member of the ,commission shall be appointed for a term that may not exceed four years4 7#b7 ,the ,secretary shall ensure that terms of members of the ,commission are staggered so that no such terms end on the same date4 7#c7 ,a vacancy in the ,commission shall be filled in the same manner as the original appointment1 but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual's predecessor was appointed4 7#d7 ,in appointing the initial members of the ,commission1 each official who is authorized to appoint two members of the ,commission shall appoint-- 7,a7 one member whose term expires after two years2 and 7,b7 one member whose term expires after four years4 7h7 ,pay 7#a7 ,members of the ,commission shall serve without pay4 7#b7 ,each member of the ,commission who is an officer or employee of the ,united ,states shall serve without compensation in addition to that received for service as an officer or employee of the ,united ,states4 7#c7 ,members shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e4 7i7 ,director of staff 7#a7 ,the ,commission shall appoint a ,director who-- 7,a7 has not served as an employee of the ,department during the one-year period preceding the date of such appointment2 and 7,b7 is not otherwise barred or prohibited from serving as ,director under ,federal ethics laws and regulations1 by reason of post-employment conflict of interest4 7#b7 ,the ,director shall be paid at the rate of basic pay payable for level ,,iv of the ,executive ,schedule under section #ecae of title #e4 7j7 ,staff 7#a7 ,subject to paragraphs 7#b7 and 7#c71 the ,director1 with the approval of the ,commission1 may appoint and fix the pay of additional personnel4 7#b7 ,the ,director may make such appointments without regard to the provisions of title #e governing appointments in the competitive service1 and any personnel so appointed may be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of that title relating to classification and ,general ,schedule pay rates1 except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for ,,gs-#ae of the ,general ,schedule4 7#c7 7,a7 ,not more than two-thirds of the personnel employed by or detailed to the ,commission may be on detail from the ,department4 7,b7 ,not more than half of the professional analysts of the ,commission staff may be persons detailed from the ,department to the ,commission4 7#d7 ,subject to paragraph 7#c71 the head of any ,federal agency1 upon the request of the ,director1 may detail any of the personnel of that agency to the ,commission to assist the ,commission in carrying out its duties under this section4 7#e7 ,the ,commission may secure directly from any ,federal agency such information as the ,commission considers necessary to carry out this section4 ,upon request of the ,chair1 the head of such agency shall furnish such information to the ,commission1 unless such information is classified4 7k7 ,other authority 7#a7 ,the ,commission may procure by contract1 to the extent funds are available1 the temporary or intermittent services of experts or consultants pursuant to section #caji of title #e4 7#b7 ,to the extent funds are available1 the ,commission may lease real property and acquire personal property either of its own accord or in consultation with the ,general ,services ,administration4 7l7 ,communications 7#a7 7,a7 ,except as provided in subparagraph 7,b71 no person may restrict an employee of the ,department in communicating with the ,commission4 7,b7 ,subparagraph 7,a7 does not apply to a communication that is unlawful4 7#b7 ,all ex parte communications with the ,commission shall be made part of the public record4 7m7 ,reference to ,national ,academies of ,sciences1 ,engineering1 and ,medicine ,in the case that the ,secretary enters into an agreement with another organization as described in section #bjb7;h77#a7 of the ,toxic ,exposure in the ,american ,military ,act of #bjbj1 any reference in this section to the ,national ,academies of ,sciences1 ,engineering1 and ,medicine shall be treated as a reference to the other organization4 7n7 ,toxic substance defined ,in this section1 the term toxic substance has the meaning given that term in subparagraph 7,g77iv7 of section #agaj7;e77#a7 of this title4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #e of such title is amended by adding at the end the following new item3 #edg4 ,toxic ,exposure ,review ,commission4 4 #bjb4 ,agreement with ,national ,academies of ,sciences1 ,engineering1 and ,medicine concerning the exposure of humans to toxic substances 7a7 ,purpose ,the purpose of this section is to provide for the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7in this section referred to as the ,academies71 an independent nonprofit scientific organization with appropriate expertise that is not part of the ,federal ,government1 to review and evaluate the available scientific evidence regarding associations between diseases and exposure to toxic substances4 7b7 ,agreement 7#a7 ,in general ,the ,secretary of ,veterans ,affairs shall seek to enter into a five-year agreement with the ,academies to perform the services covered by this section4 7#b7 ,timing ,the ,secretary shall seek to enter into an agreement described in paragraph 7#a7 not later than #fj days after the date of the enactment of this ,act4 7#c7 ,extension ,an agreement under this section may be extended in five-year increments4 7c7 ,review of scientific evidence ,under an agreement between the ,secretary and the ,academies under this section1 the ,academies shall review and summarize the scientific evidence1 and assess the strength thereof1 concerning the association between exposure to toxic substances during active military1 naval1 or air service and each disease suspected to be associated with such exposure in the human population4 7d7 ,scientific determinations concerning diseases ,for each disease reviewed under subsection 7c71 the ,academies shall determine1 to the extent that available scientific data permit meaningful determinations-- 7#a7 whether an association exists between exposure to toxic substances and the occurrence of the disease1 taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association2 7#b7 the increased risk of the disease among those exposed to toxic substances during active military1 naval1 or air service2 and 7#c7 whether there exists a plausible biological mechanism or other evidence of a causal relationship between the exposure and the occurrence of the disease4 7e7 ,cooperation of ,federal agencies 7#a7 ,in general ,the head of each relevant ,federal agency1 including the ,secretary of ,defense1 shall cooperate fully with the ,academies in performing the services covered by this section4 7#b7 ,technical and scientific capabilities ,in performing the services covered by this section1 the ,academies shall make use of the technical and scientific capabilities of any ,federal agency4 7f7 ,recommendations for additional scientific studies 7#a7 ,in general ,under an agreement between the ,secretary and the ,academies under this section1 the ,academies shall make any recommendations for additional scientific studies to resolve areas of continuing scientific uncertainty relating to the exposure of humans to toxic substances4 7#b7 ,considerations ,in making recommendations under paragraph 7#a71 the ,academies shall consider-- 7,a7 the scientific information that is available at the time of the recommendation2 7,b7 the value and relevance of the information that could result from additional studies2 and 7,c7 the cost and feasibility of carrying out such additional studies4 7g7 ,reports 7#a7 ,initial report 7,a7 ,in general ,under an agreement between the ,secretary and the ,academies under this section1 not later than one year after the date of the enactment of this ,act1 the ,academies shall submit to the ,secretary1 the ,committee on ,veterans' ,affairs of the ,senate1 and the ,committee on ,veterans' ,affairs of the ,house of ,representatives an initial report on the activities of the ,academies under the agreement4 7,b7 ,elements ,the report submitted under subparagraph 7,a7 shall include the following3 7i7 ,the determinations described in subsection 7d74 7ii7 ,a full explanation of the scientific evidence and reasoning that led to such determinations4 7iii7 ,any recommendations of the ,academies under subsection 7f74 7#b7 ,periodic updates ,under an agreement between the ,secretary and the ,academies under this section1 not less frequently than once every two years after the date on which the initial report is submitted under paragraph 7#a77;,a71 the ,academies shall submit to the ,secretary1 the ,committee on ,veterans' ,affairs of the ,senate1 and the ,committee on ,veterans' ,affairs of the ,house of ,representatives an updated report on the activities of the ,academies under the agreement4 7h7 ,alternative contract scientific organization 7#a7 ,in general ,if the ,secretary is unable within the time period prescribed in subsection 7b77#b7 to enter into an agreement with the ,academies for the purposes of this section on terms acceptable to the ,secretary1 the ,secretary shall seek to enter into an agreement for the purposes of this section with another appropriate scientific organization that-- 7,a7 is not part of the ,federal ,government2 7,b7 operates as a not-for-profit entity2 and 7,c7 has expertise and objectivity comparable to that of the ,academies4 7#b7 ,treatment ,if the ,secretary enters into an agreement with another organization as described in paragraph 7#a71 any reference in this section1 section #edg of title #ch1 ,united ,states ,code1 as added by section #bja7;a71 and section #aaai of such title1 as added by section #aje7;a71 to the ,national ,academies of ,sciences1 ,engineering1 and ,medicine shall be treated as a reference to the other organization4 #bjc4 ,collection1 analysis1 and report on treatment of veterans for medical conditions related to exposure to toxic substances 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall compile and analyze1 on a continuous basis1 all clinical data that-- 7#a7 is obtained by the ,department of ,veterans ,affairs in connection with hospital care1 medical services1 and nursing home care furnished under section #agaj7;a77#b77;,f7 of title #ch1 ,united ,states ,code2 and 7#b7 is likely to be scientifically useful in determining the association1 if any1 between the medical condition of a veteran and exposure to a toxic substance4 7b7 ,consent of patients ,compilation and analysis by the ,secretary of clinical data of a veteran under subsection 7a7 shall be conducted1 and such data shall be used1 consistent with the informed consent of the veteran and in compliance with all applicable ,federal law 7c7 ,annual report ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate1 the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 and the ,toxic ,exposure ,review ,commission established by section #edg of title #ch1 ,united ,states ,code1 as added by section #bja7;a7 of this ,act1 a report containing-- 7#a7 the data compiled under subsection 7a72 7#b7 an analysis of such data2 7#c7 a description of the types and incidences of medical conditions identified by the ,department under such subsection2 7#d7 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 reasonable2 and 7#e7 the views of the ,secretary on the scientific validity of drawing conclusions from the incidence of such medical conditions1 as evidenced by the data compiled under subsection 7a71 regarding any association between such conditions and exposure to a toxic substance4 ,,iii ,improvement of resources of ,department of ,veterans ,affairs regarding exposures to toxic substances #cja4 ,publication of list of resources of ,department of ,veterans ,affairs for veterans exposed to toxic substances and outreach program for such veterans and caregivers and survivors of such veterans 7a7 ,publication of list of resources 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,veterans ,affairs shall publish a list of resources of the ,department of ,veterans ,affairs for-- 7,a7 veterans provided disability compensation under chapter #aa of title #ch1 ,united ,states ,code1 relating to exposure to toxic substances2 7,b7 veterans eligible for hospital care1 medical services1 and nursing home care under section #agaj7;a77#b77;,f7 of such title2 7,c7 caregivers of veterans described in subparagraph 7,a7 or 7,b7 who are participating in the program of comprehensive assistance for family caregivers under section #agbj;,g7a7 of such title2 and 7,d7 survivors of veterans described in subparagraph 7,a7 or 7,b7 7or who would be described in any such subparagraph were the veteran alive7 who are receiving death benefits under the laws administered by the ,secretary4 7#b7 ,update ,the ,secretary shall periodically update the list published under paragraph 7#a74 7b7 ,outreach ,the ,secretary shall develop1 with input from the community1 an informative outreach program for veterans on illnesses that may be related to exposure to toxic substances1 including outreach with respect to benefits and support programs4 #cjb4 ,incorporation of toxic exposure questionnaire during primary care appointments 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall incorporate a clinical questionnaire to help determine potential exposure to toxic substances during active military1 naval1 or air service as part of the initial screening conducted for an appointment of a veteran with a primary care provider of the ,department of ,veterans ,affairs to improve understanding by the ,department of exposure of veterans to toxic substances while serving in the ,armed ,forces4 7b7 ,determination of questions ,the questions included in the questionnaire required under subsection 7a7 shall be determined by the ,secretary with input from medical professionals4 #cjc4 ,portal for access by veterans to ,individual ,longitudinal ,exposure ,record 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall establish a portal through which a veteran may access documents and information with respect to the veteran contained in the ,individual ,longitudinal ,exposure ,record of the ,department of ,veterans ,affairs4 7b7 ,elements of portal ,the portal established under subsection 7a7 shall-- 7#a7 present documents and information with respect to a veteran contained in the ,individual ,longitudinal ,exposure ,record of the veteran in a printable1 read-only format2 and 7#b7 be hosted on an internet website of the ,department that is commonly used by veterans4 #cjd4 ,training of health care personnel of ,department of ,veterans ,affairs on illnesses related to exposure to toxic substances 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall ensure that health care personnel of the ,department of ,veterans ,affairs are appropriately trained to identify1 treat1 and assess the impact of illnesses related to exposure to toxic substances4 7b7 ,elements of training ,the training required under subsection 7a7 shall-- 7#a7 provide health care personnel of the ,department with specific education with respect to illnesses related to exposure to toxic substances2 and 7#b7 inform such personnel of how to probe for additional information from veterans regarding exposures to different toxicants4 7c7 ,toxicant defined ,in this section1 the term toxicant has the meaning given that term in subparagraph 7,g77iv7 of section #agaj7;e77#a7 of title #ch1 ,united ,states ,code1 as added by section #aja7;a74 ,december #h1 #bjbj,reported with an amendment