Honoring our PACT Act of 2022
Sponsored By: Senator Sen. Kaine, Tim [D-VA]
Became Law
Summary
Expanded, science‑based presumptions and VA care for toxic‑exposed veterans. The law creates a public scientific process to set or change presumptions, expands who can get VA hospital and medical care for illnesses tied to toxic exposures, and requires centralized exposure records.
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Bill Overview
Analyzed Economic Effects
15 provisions identified: 14 benefits, 0 costs, 1 mixed.
Easier benefits for burn pit illnesses
The law presumes exposure to listed airborne hazards for covered veterans who served in the named Southwest Asia and nearby locations after August 2, 1990, or after September 11, 2001. It presumes service connection for many listed cancers and respiratory diseases on a phased schedule. Some groups (DIC claimants and certain vulnerable veterans) get immediate coverage. Others gain coverage on October 1, 2023; October 1, 2024; or October 1, 2025. If your claim has evidence of disability and exposure but not enough proof, VA must provide a medical exam and a nexus opinion considering all deployments and combined exposures.
More VA supportive housing and services
VA gives priority to leases that provide supportive housing and veteran services. Leases can last up to 99 years, and this authority is now permanent. VA must ensure each lease helps veterans and fits its mission. Congress provides $922 million for these leases for fiscal year 2022, available until spent. Lease proceeds can help maintain and repair VA facilities.
Higher VA pay to fill key jobs
VA can set higher pay for up to 200 critical jobs. Pay can exceed normal caps but cannot top the Vice President’s rate without the President’s written OK. The Secretary can waive annual pay limits for staff affected by a closure or realignment, and for burn‑pit care teams, through September 30, 2027. VA can also treat some appointments under special rules so more pay authorities apply.
Stronger VA pay, hiring, and bonuses
VA can pay higher special rates (up to 50% and above level IV limits, using level II as the comparator) and may waive certain pay caps through September 30, 2027. It can offer critical‑skill incentives up to 25% of basic pay, student loan repayments up to $40,000 per year and $100,000 total, and buyouts of non‑VA contracts for rural hires, capped at $40 million per year, with a 4‑year service obligation. VA can hire recent grads and students faster (each capped at 25% of last year’s comparable hires) and hire housekeeping aides noncompetitively. VA must roll out a rural recruitment plan within 18 months, set HR monitoring systems in 90 days, and set HR qualifications and metrics in 180 days.
Big funding for VA medical leases
The law funds VA medical facility leases at a large scale. It provides $998.137 million for FY2023 named leases and $1.88 billion more for FY2023 facility leases. It also adds money for FY2024–FY2031: $100M, $200M, $400M, $450M, $600M, $610M, $620M, and $650M. These funds stay available until spent, to expand space and access to care.
Toxic Exposure Fund for veterans
The law creates the Cost of War Toxic Exposures Fund to support care, research, and claims systems tied to toxic exposures. It gives $500 million for FY2022 (available until September 30, 2024) and allows more funding each year starting in FY2023. VA must submit a spend plan within 30 days and an IT modernization plan within 180 days.
Camp Lejeune water claims in court
People who lived, worked, or were otherwise exposed for at least 30 days to Camp Lejeune water between August 1, 1953 and December 31, 1987 can sue in federal court (EDNC). You must first file an administrative claim and then sue by the later of two years after enactment or 180 days after a denial. Punitive damages are barred. Any award is reduced by VA, Medicare, or Medicaid payments related to the exposure.
Exposure screening, records, and outreach
The VA adds a toxic‑exposure screening for enrolled veterans within 90 days and at least every five years. Veterans can request updates to their exposure record (ILER) with required evidence, and staff get annual training on exposure‑related care and claims. VA must run outreach for each new eligibility cohort, publish a yearly resource list, and inform covered veterans about the Burn Pit Registry and show participation by state and district. VA also tracks care data and reports on needs and results, with an initial resource assessment in 180 days, systems by October 1, 2024, and annual reports from 2025 to 2033.
More Vietnam herbicide presumptions
The law adds MGUS and hypertension to herbicide exposure presumptions for Vietnam‑era service. It also expands covered locations and dates, including Vietnam, Thailand bases, Laos, parts of Cambodia, Guam, American Samoa, and Johnston Atoll, as listed. Some DIC claimants and certain vulnerable veterans get immediate coverage; others start October 1, 2022. Retroactive awards for these two conditions are limited to certain DIC claimants.
Presumptions for Enewetak, Palomares, Thule vets
VA treats onsite work at Enewetak Atoll (Jan 1, 1977–Dec 31, 1980) as radiation exposure for presumptions. VA also treats onsite response at Palomares (Jan 17, 1966–Mar 31, 1967) and Thule (Jan 21–Sep 25, 1968) as radiation exposure. This makes it easier to prove service connection and get disability benefits. These changes apply now.
Reopen old claims when rules change
When the VA adds or changes a presumption, the VA must find past denied claims that could be affected and notify those claimants. You may elect a review or file a supplemental claim. If a previously denied DIC claim is approved on review, benefits pay as if the rule was in place when you first filed. VA must post notices online, alert veterans groups, and contact each identified claimant directly.
VA claims: early filings and e-notices
VA cannot deny a claim just because you filed before a new presumption’s start date. VA may process it as a direct service‑connection claim. You can choose to get claim notices electronically and switch back anytime. VA must also seek yearly input on better notices and post it online. These rules take effect now.
Major studies on veteran health risks
The VA must study health trends for Fort McClellan veterans and for all who served after 9/11, and must track cancer rates across veterans. VA and DoD must also update a mortality analysis for Southwest Asia deployments within 270 days. The VA hires the National Academies to study health links for Manhattan Project sites and toxic exposure and mental health, with agreements within 180 days and reports within three years. These studies guide future care, presumptions, and policy.
Science‑based process for exposure claims
The law sets a public, science‑based process to add, change, or remove toxic‑exposure presumptions. VA gets outside evidence reviews from the National Academies and must act on recommendations on set timelines. A federal working group coordinates research, and VA posts yearly notices, takes public comments, and holds open meetings. Veterans already getting benefits keep them if a presumption is later narrowed. VA also runs a public website listing government toxic‑exposure research.
Oversight and shared leasing for VA facilities
VA cannot spend money on a major medical facility lease unless both House and Senate Veterans’ Affairs Committees approve it. The Secretary must send a detailed prospectus with costs, energy use, and 5-, 10-, and 20‑year workload. VA and DoD can share leased space and move funds so shared clinics work when VA’s share is below the legal threshold. These rules apply now.
Sponsors & CoSponsors
Sponsor
Sen. Kaine, Tim [D-VA]
VA • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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