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38 U.S.C. § 1175 — Authority to modify process; congressional oversight

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1175 — Authority to modify process; congressional oversight

**(a) In General.—** The Secretary may modify the process under which the working group established under subsection (b) of [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim) conducts assessments under such section, the Secretary conducts formal evaluations under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim), and issues regulations under [section 1174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1174&num=0&edition=prelim) if— (1) such evaluations cover the evidence, data, and factors required by subsection (b) of such section 1173; and (2) a period of 180 days has elapsed following the date on which the Secretary submits the notice under subsection (b) regarding the modification. **(b) Notice.—** If the Secretary proposes to modify the process under which the working group established under subsection (b) of [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim) conducts assessments under such section, the process under which the Secretary conducts formal evaluations under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim), or issues regulations under [section 1174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1174&num=0&edition=prelim), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a notice of the proposed modifications containing the following: (1) A des

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Source file: Laws/federal/codes/united-states-code/title-38/section-1175-authority-to-modify-process-congressional-oversight--b3439526d4.md
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Source location: Title 38, Chapter 11, § 1175; chapter-011-compensation-for-service-connected-disability-or-death.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1172 — Annual notice and opportunity for public comment

**(a) Notice Required.—** (1) (A) Not less frequently than once each year, the Secretary shall publish in the Federal Register notice of the formal evaluations that the Secretary plans to conduct pursuant to [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim). (B) Each notice published under subparagraph (A) shall include, for each formal evaluation referred to in the notice, an explanation as to why the military environmental exposures and adverse health outcomes that are the subject of the formal evaluation were chosen by the Secretary for formal evaluation under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim). (2) (A) With each notice published under paragraph (1), the Secretary shall seek public comment on the military environmental exposures and adverse health outcomes that are the subject of the formal evaluations referred to in the notice. (B) The Secretary shall— (i) consider all public comment received under subparagraph (A); and (ii) publish in the Federal Register a response to the comments received under subparagraph (A). (3) (A) For each notice published under paragraph (1), the Secretary shall hold an open meeting for members of the public to voice their comments in response to the notice. (B) To help evaluate presumptions of service connection, the Secretary shall, not less frequently than quarterly, collaborate with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate. (4) Failure to include a military environmental exposure or adverse health effect in a Federal Register

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1174 — Regulations regarding presumptions of service connection based on toxic exposure

**(a) Action Upon Recommendation.—** Not later than 160 days after the date on which the Secretary receives a recommendation to establish or modify a presumption of service connection under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim)— (1) if the Secretary determines, in the discretion of the Secretary, that the presumption, or modification, is warranted, the Secretary shall— (A) commence issuing regulations in accordance with the provisions of subchapter II of chapter 5 of title 5 (commonly referred to as the Administrative Procedures Act) setting forth the presumption or commence revising regulations to carry out such modification; and (B) include in such regulations any time frame during which a health effect must become manifest; or (2) if the Secretary determines, in the discretion of the Secretary, that the presumption, or modification, is not warranted, the Secretary shall publish in the Federal Register a notice of the determination, including the reasons supporting the determination. **(b) Removal of Presumption.—** (1) (A) The Secretary may— (i) issue a regulation to remove an illness from a presumption of service connection previously established pursuant to a regulation issued under subsection (a); and (ii) issue a regulation to remove a presumption of service connection established pursuant to title IV of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 if the Secretary concludes that evidence suggests the lack of a positive association between the disease and the toxic exposure. (B) Under subparagraph (A)(ii), the Secretary shall not consider the lack of evidence as sufficient to support a

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1173 — Formal evaluation of recommendations

**(a) Formal Evaluations.—** The Secretary shall establish a process to conduct a formal evaluation with respect to each recommendation made by the Working Group under [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim). **(b) Evidence, Data, and Factors.—** The Secretary shall ensure that each formal evaluation under subsection (a) covers the following: (1) Scientific evidence, based on the review of available scientific literature, including human, toxicological, animal, and methodological studies, and other factors. (2) Claims data, based on the review of claim rate, grant rate, and service connection prevalence, and other factors. (3) Other factors the Secretary determines appropriate, such as— (A) the level of disability and mortality caused by the health effects related to the case of toxic exposure being evaluated; (B) the quantity and quality of the information available and reviewed; (C) the feasibility of and period for generating relevant information and evidence; (D) whether such health effects are combat- or deployment-related; (E) the ubiquity or rarity of the health effects; and (F) any time frame during which a health effect must become manifest. **(c) Conduct of Evaluations.—** (1) The Secretary shall ensure that each formal evaluation under subsection (a)— (A) reviews scientific evidence in a manner that— (i) conforms to principles of scientific and data integrity; (ii) is free from suppression or distortion of scientific or technological findings, data, information, conclusions, or technical results; and (B) (i) evaluates the likelihood that a positive association exists between an illness and a toxic exposure while serving in t

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1175 — Authority to modify process; congres-

Page 204 TITLE 38—VETERANS’ BENEFITS § 1175 Editorial Notes REFERENCES IN TEXT Title IV of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b)(1)(A)(ii), is title IV of Pub. L. 117–168, Aug. 10, 2022, 136 Stat. 1780, which enacted section 1120 of this title, amended sec- tions 1112, 1113, 1116, 1117, and 1710 of this title, and en- acted provisions set out as notes under sections 101, 1116, and 1120 of this title. For complete classification of title IV to the Code, see Tables. § 1175. Authority to modify process; congres- sional oversight (a) IN GENERAL.—The Secretary may modify the process under which the working group es- tablished under subsection (b) of section 1172 of this title conducts assessments under such sec- tion, the Secretary conducts formal evaluations under section 1173 of this title, and issues regu- lations under section 1174 of this title if— (1) such evaluations cover the evidence, data, and factors required by subsection (b) of such section 1173; and (2) a period of 180 days has elapsed following the date on which the Secretary submits the notice under subsection (b) regarding the modification. (b) NOTICE.—If the Secretary proposes to mod- ify the process under which the working group established under subsection (b) of section 1172 of this title conducts assessments under such section, the process under which the Secretary conducts formal evaluations under section 1173 of this title, or issues regulations under section 1174 of this title, the Secretary shall submit to the Committee on Veterans’ Affairs of the Sen- ate and the Committee on Veterans’ Affairs of the House of Representatives a notice of the pro- posed modifications containing th

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