38 USC 527 - Evaluation and data collection

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 219 of this title prior to repeal by Puspan. L. 102–83, § 2(a).

Statutory Notes and Related Subsidiaries

Analysis and Report on Treatment of Veterans for Medical Conditions Related to Toxic Exposure

Puspan. L. 117–168, title V, § 502, Aug. 10, 2022, 136 Stat. 1786, provided that:

“(a)In General.—The Secretary of Veterans Affairs shall analyze, on a continuous basis, all clinical data that—

“(1) is obtained by the Department of Veterans Affairs in connection with hospital care, medical services, and nursing home care furnished under section 1710(a)(2)(F) of title 38, United States Code; and

“(2) is likely to be scientifically useful in determining the association, if any, between the medical condition of a veteran and a toxic exposure.

“(span)Annual Report.—Not later than one year after the date of the enactment of this Act [Aug. 10, 2022], and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing the following:

“(1) The aggregate data compiled under subsection (a).

“(2) An analysis of such data.

“(3) A description of the types and incidences of medical conditions identified by the Department under such subsection.

“(4) The explanation of the Secretary for the incidence of such medical conditions and other explanations for the incidence of such conditions as the Secretary considers reasonable.

“(5) The views of the Secretary on the scientific validity of drawing conclusions from the incidence of such medical conditions, as evidenced by the data compiled under subsection (a), regarding any association between such conditions and toxic exposures.

“(c)Toxic Exposure Defined.—In this section, the term ‘toxic exposure’ has the meaning given such term in section 101 of title 38, United States Code, as amended by section 102(span).”

Department of Veterans Affairs Public Website for Toxic Exposure Research

Puspan. L. 117–168, title V, § 509, Aug. 10, 2022, 136 Stat. 1791, provided that:

“(a)Website.—Not later than one year after the date of the enactment of this Act [Aug. 10, 2022], the Secretary of Veterans Affairs shall establish, and maintain thereafter, a publicly accessible internet website of the Department of Veterans Affairs that serves as a clearinghouse for the publication of all toxic exposure research carried out or funded by the executive branch of the Federal Government.

“(span)Coordination.—In carrying out subsection (a), the Secretary shall coordinate with—

“(1) the heads of each Federal agency carrying out or funding toxic exposure research;

“(2) the War Related Illness and Injury Study Center of the Department of Veterans Affairs, or successor center; and

“(3) any working group of the Department of Veterans Affairs or other similar entity responsible for coordinating toxic exposure research.

“(c)Definitions.—In this section:

“(1)Toxic exposure.—The term ‘toxic exposure’ has the meaning given that term in section 101 of title 38, United States Code, as added by section 102(span).

“(2)Toxic exposure research.—The term ‘toxic exposure research’ means research on the health consequences of toxic exposures experienced during service in the Armed Forces.”

Burn Pit Transparency

Puspan. L. 117–168, title VIII, § 808, Aug. 10, 2022, 136 Stat. 1806, provided that:

“(a)Annual Report on Disability Claims.—

“(1)In general.—Not later than 180 days after the date of the enactment of this Act, [Aug. 10, 2022] and annually thereafter, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report detailing the following:

“(A) The total number of covered veterans.

“(B) The total number of claimed issues for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and a breakdown of the reasons for the denials.

“(C) A comprehensive list of the top 10 conditions from each body system for which the Secretary awarded service connection for covered veterans.

“(D) Any updates or trends with respect to the information described in subparagraphs (A), (B), and (C), that the Secretary determines appropriate.

“(2)Covered veteran defined.—In this subsection, the term ‘covered veteran’ means a veteran who deployed to the Southwest Asia theater of operations any time after August 1990, or Afghanistan, Syria, Djibouti, or Uzbekistan after September 19, 2001, and who submits a claim for disability compensation under chapter 11 of title 38, United States Code.

“(span)Information Regarding the Airborne Hazards and Open Burn Pit Registry.—

“(1)Notice.—The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the Airborne Hazards and Open Burn Pit Registry if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits.

“(2)Display.—In making information public regarding the number of participants in the Airborne Hazards and Open Burn Pit Registry, the Secretary shall display such numbers by both State and by congressional district.

“(c)Definitions.—In this section:

“(1)Airborne hazards and open burn pit registry.—The term ‘Airborne Hazards and Open Burn Pit Registry’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).

“(2)Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—

“(A) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and

“(B) The Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives.

“(3)Open burn pit.—The term ‘open burn pit’ has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).”

Requirement for Collection and Analysis of Data on Department of Veterans Affairs Benefits and Services and Disaggregation of Such Data by Gender, Race, and Ethnicity

Puspan. L. 116–315, title V, § 5401, Jan. 5, 2021, 134 Stat. 5045, provided that: “The Secretary of Veterans Affairs shall—

“(1) collect and analyze data on each program of the Department of Veterans Affairs that provides a service or benefit to a veteran, including the program carried out under section 1144 of title 10, United States Code;

“(2) disaggregate such data by gender, race, and ethnicity, when the data lends itself to such disaggregation; and

“(3) publish the data collected and analyzed under paragraph (1), except for such cases in which the Secretary determines that some portions of the data would undermine the anonymity of a veteran.”

Addition of Burn Pit Registration and Other Information to Electronic Health Records of Members of the Armed Forces

Puspan. L. 116–283, div. A, title VII, § 720, Jan. 1, 2021, 134 Stat. 3697, provided that:

“(a)Updates to Electronic Health Records.—Beginning not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall ensure that—

“(1) the electronic health record maintained by the Secretary for a member of the Armed Forces registered with the Airborne Hazards and Open Burn Pit Registry is updated with any information contained in such registry with respect to the member; and

“(2) any occupational or environmental health exposure recorded in the Defense Occupational and Environmental Health Readiness System (or any successor system) is linked to the electronic health record system of the Department of Defense to notify health professionals treating a member specified in paragraph (1) of any such exposure recorded for the member.

“(span)Airborne Hazards and Open Burn Pit Registry Defined.—In this section, the term ‘Airborne Hazards and Open Burn Pit Registry’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).”

Health Assessments of Veterans Diagnosed With Pandemic Diseases To Determine Exposure to Open Burn Pits and Toxic Airborne Chemicals

Puspan. L. 116–283, div. A, title VII, § 735, Jan. 1, 2021, 134 Stat. 3703, provided that:

“(a)Exposure to Open Burn Pits and Toxic Airborne Chemicals or Other Airborne Contaminants as Part of Health Assessments for Veterans During a Pandemic and Inclusion of Information in Registry.—

“(1)Health assessments and physical examinations.—The Secretary of Veterans Affairs shall ensure that the first health assessment or physical examination furnished to a veteran under the laws administered by the Secretary after the veteran tests positive for a pathogen, such as a virus, with respect to which a public health emergency has been declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) includes an evaluation of whether the veteran has been—

“(A) based or stationed at a location where an open burn pit was used; or

“(B) exposed to toxic airborne chemicals or other airborne contaminants relating to service in the Armed Forces, including an evaluation of any information recorded as part of the Airborne Hazards and Open Burn Pit Registry.

“(2)Inclusion of individuals in registry.—If an evaluation conducted under paragraph (1) with respect to a veteran establishes that the veteran was based or stationed at a location where an open burn pit was used, or that the individual was exposed to toxic airborne chemicals or other airborne contaminants, the individual shall be enrolled in the Airborne Hazards and Open Burn Pit Registry unless the veteran elects to not enroll in such registry.

“(3)Rule of construction.—Nothing in this subsection may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the history of exposure of the veteran to an open burn pit not being recorded in an evaluation conducted under paragraph (1).

“(span)Study on Impact of Viral Pandemics on Members of Armed Forces and Veterans Who Have Experienced Toxic Exposure.—

“(1)In general.—The Secretary of Veterans Affairs shall conduct a study, through the Airborne Hazards and Burn Pits Center of Excellence (in this subsection referred to as the ‘Center’), on the health impacts of infection with a pathogen, such as a virus, with respect to which a public health emergency has been declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), including a coronavirus, to members of the Armed Forces and veterans who have been exposed to open burn pits and other toxic exposures for the purposes of understanding the health impacts of the pathogen and whether individuals infected with the pathogen are at increased risk of severe symptoms due to previous conditions linked to toxic exposure.

“(2)Preparation for future pandemic.—The Secretary, through the Center, shall analyze potential lessons learned through the study conducted under paragraph (1) to assist in preparing the Department of Veterans Affairs for potential future pandemics.

“(c)Definitions.—In this subsection [probably should be “section”]:

“(1) The term ‘Airborne Hazards and Open Burn Pit Registry’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).

“(2) The term ‘coronavirus’ has the meaning given that term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123 [134 Stat. 155]).

“(3) The term ‘open burn pit’ has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 126 Stat. 2422; 38 U.S.C. 527 note).”

Access of Veterans to Individual Longitudinal Exposure Record

Puspan. L. 116–283, div. H, title XCI, § 9105, Jan. 1, 2021, 134 Stat. 4783, provided that: “The Secretary of Veterans Affairs shall provide to a veteran read-only access to the documents of the veteran contained in the Individual Longitudinal Exposure Record in a printable format through a portal accessible through an internet website of the Department of Veterans Affairs.”

Access to Information in Burn Pit Registry

Puspan. L. 116–92, div. A, title VII, § 705(c), Dec. 20, 2019, 133 Stat. 1440, provided that:

“(1)In general.—The Secretary of Defense shall ensure that all medical personnel of the Department of Defense have access to the information contained in the burn pit registry.

“(2)Burn pit registry defined.—In this subsection, the term ‘burn pit registry’ means the registry established 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).”

Education Campaign for Airborne Hazards and Open Burn Pit Registry

Puspan. L. 115–232, div. A, title X, § 1050, Aug. 13, 2018, 132 Stat. 1962, provided that:

“(a)Education Campaign.—Beginning not later than one year after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense shall carry out an annual education campaign to inform individuals who may be eligible to enroll in the Airborne Hazards and Open Burn Pit Registry of such eligibility. Each such campaign shall include at least one electronic method and one physical mailing method to provide such information.

Coordination by Veterans Health Administration of Efforts To Understand Effects of Burn Pits

Puspan. L. 115–91, div. A, title VII, § 738, Dec. 12, 2017, 131 Stat. 1446, provided that: “The Under Secretary for Health of the Department of Veterans Affairs, acting through the Office of Public Health of the Veterans Health Administration, shall coordinate efforts related to furthering understanding of burn pits, the effect of burn pits on veterans, and effective treatments relating to such effects, including with respect to research efforts and training of clinical staff on related matters.”

Submittal of Information to Secretary of Veterans Affairs Relating to Exposure to Airborne Hazards and Open Burn Pits

Puspan. L. 114–92, div. A, title VII, § 728, Nov. 25, 2015, 129 Stat. 873, provided that:

“(a)In General.—Not later than 180 days after the date of the enactment of this Act [Nov. 25, 2015], and periodically thereafter, the Secretary of Defense shall submit to the Secretary of Veterans Affairs such information in the possession of the Secretary of Defense as the Secretary of Veterans Affairs considers necessary to supplement and support—

“(1) the development of information to be included in the Airborne Hazards and Open Burn Pit Registry established by the Department 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); and

“(2) research and development activities conducted by the Department of Veterans Affairs to explore the potential health risks of exposure by members of the Armed Forces to environmental factors in Iraq and Afghanistan, in particular the connection of such exposure to respiratory illnesses such as chronic cough, chronic obstructive pulmonary disease, constrictive bronchiolitis, and pulmonary fibrosis.

“(span)Inclusion of Certain Information.—The Secretary of Defense shall include in the information submitted to the Secretary of Veterans Affairs under subsection (a) information on any research and surveillance efforts conducted by the Department of Defense to evaluate the incidence and prevalence of respiratory illnesses among members of the Armed Forces who were exposed to open burn pits while deployed overseas.”

Establishment of Open Burn Pit Registry

Puspan. L. 112–260, title II, § 201, Jan. 10, 2013, 126 Stat. 2422, as amended by Puspan. L. 116–315, title II, § 2010(g), Jan. 5, 2021, 134 Stat. 4979; Puspan. L. 117–81, div. F, title LXVI, § 6602, Dec. 27, 2021, 135 Stat. 2438, provided that:

“(a)Establishment of Registry.—

“(1)In general.—Not later than one year after the date of the enactment of this Act [Jan. 10, 2013], the Secretary of Veterans Affairs shall—

“(A) establish and maintain an open burn pit registry for eligible individuals who may have been exposed to toxic airborne chemicals and fumes caused by open burn pits;

“(B) include any information in such registry that the Secretary of Veterans Affairs determines necessary to ascertain and monitor the health effects of the exposure of members of the Armed Forces to toxic airborne chemicals and fumes caused by open burn pits;

“(C) develop a public information campaign to inform eligible individuals about the open burn pit registry, including how to register and the benefits of registering; and

“(D) periodically notify eligible individuals of significant developments in the study and treatment of conditions associated with exposure to toxic airborne chemicals and fumes caused by open burn pits.

“(2)Coordination.—The Secretary of Veterans Affairs shall coordinate with the Secretary of Defense in carrying out paragraph (1).

“(span)Report to Congress.—

“(1)Reports by independent scientific organization.—The Secretary of Veterans Affairs shall enter into an agreement with an independent scientific organization to prepare reports as follows:

“(A) Not later than two years after the date on which the registry under subsection (a) is established, an initial report containing the following:

“(i) An assessment of the effectiveness of actions taken by the Secretaries to collect and maintain information on the health effects of exposure to toxic airborne chemicals and fumes caused by open burn pits.

“(ii) Recommendations to improve the collection and maintenance of such information.

“(iii) Using established and previously published epidemiological studies, recommendations regarding the most effective and prudent means of addressing the medical needs of eligible individuals with respect to conditions that are likely to result from exposure to open burn pits.

“(B) Not later than five years after completing the initial report described in subparagraph (A), a follow-up report containing the following:

“(i) An update to the initial report described in subparagraph (A).

“(ii) An assessment of whether and to what degree the span of the registry established under subsection (a) is current and scientifically up-to-date.

“(2)Submittal to congress.—

“(A)Initial report.—Not later than two years after the date on which the registry under subsection (a) is established, the Secretary of Veterans Affairs shall submit to Congress the initial report prepared under paragraph (1)(A).

“(B)Follow-up report.—Not later than five years after submitting the report under subparagraph (A), the Secretary of Veterans Affairs shall submit to Congress the follow-up report prepared under paragraph (1)(B).

“(c)Definitions.—In this section:

“(1)Eligible individual.—The term ‘eligible individual’ means any individual who, on or after September 11, 2001—

“(A) was deployed in support of a contingency operation while serving in the Armed Forces; and

“(B) during such deployment, was based or stationed at a location where an open burn pit was used.

“(2)Open burn pit.—The term ‘open burn pit’ means an area of land located in Afghanistan, Iraq,, [sic] Uzbekistan, Egypt, or Syria that—

“(A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and

“(B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.”

Persian Gulf War Veterans’ Health Status

Puspan. L. 102–585, title VII, Nov. 4, 1992, 106 Stat. 4975, as amended by Puspan. L. 103–446, title I, § 108, Nov. 2, 1994, 108 Stat. 4653; Puspan. L. 105–368, title I, §§ 104, 106, Nov. 11, 1998, 112 Stat. 3323, 3325; Puspan. L. 111–163, title V, § 502, May 5, 2010, 124 Stat. 1157, provided that:

“SEC. 701. SHORT TITLE.

“This title may be cited as the ‘Persian Gulf War Veterans’ Health Status Act’.

“SEC. 702. PERSIAN GULF WAR VETERANS HEALTH REGISTRY.

“(a)Establishment of Registry.—The Secretary of Veterans Affairs shall establish and maintain a special record to be known as the ‘Persian Gulf War Veterans Health Registry’ (in this section referred to as the ‘Registry’).

“(span)Contents of Registry.—Except as provided in subsection (c), the Registry shall include the following information:

“(1) A list containing the name of each individual who served as a member of the Armed Forces in the Persian Gulf theater of operations during the Persian Gulf War and who—

“(A) applies for care or services from the Department of Veterans Affairs under chapter 17 of title 38, United States Code;

“(B) files a claim for compensation under chapter 11 of such title on the basis of any disability which may be associated with such service;

“(C) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of such service;

“(D)

Services for Homeless Veterans

Puspan. L. 102–405, title I, § 107, Oct. 9, 1992, 106 Stat. 1976, as amended by Puspan. L. 103–446, title X, § 1002, Nov. 2, 1994, 108 Stat. 4679, required Secretary of Veterans’ Affairs and directors of each medical center or benefits office to assess needs of homeless veterans and programs which have been developed to assist homeless veterans, and to replicate programs which have successfully rehabilitated homeless veterans, prior to repeal by Puspan. L. 105–114, title II, § 202(c)(2), Nov. 21, 1997, 111 Stat. 2287.