38 USC 1176 – Agreement with National Academies of Sciences, Engineering, and Medicine concerning toxic exposures
(a)
Terms Used In 38 USC 1176
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 1 USC 5
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b)
(2) The Secretary shall seek to enter into an agreement described in paragraph (1) not later than 60 days after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022.
(3) An agreement under this section may be extended in five-year increments.
(c)
(d)
(1) whether an association exists between toxic exposures and the occurrence of the disease, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association;
(2) the increased risk of the disease among those reporting toxic exposures during active military, naval, air, or space service;
(3) whether there exists a plausible biological mechanism or other evidence of a positive association between the toxic exposure and the occurrence of the disease; and
(4) determine the strength of evidence for a positive association based on categories furnished under section 1173 of this title.
(e)
(f)
(2) In making recommendations under paragraph (1), the Academies shall consider—
(A) the scientific information that is available at the time of the recommendation;
(B) the value and relevance of the information that could result from additional studies; and
(C) the cost and feasibility of carrying out such additional studies.
(g)
(B) The report submitted under subparagraph (A) shall include the following:
(i) The determinations described in subsection (d).
(ii) A full explanation of the scientific evidence and reasoning that led to such determinations.
(iii) Any recommendations of the Academies under subsection (f).
(2) Under an agreement between the Secretary and the Academies under this section, not less frequently than once every two years after the date on which the initial report is submitted under paragraph (1)(A), the Academies shall submit to the Secretary, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives an updated report on the activities of the Academies under the agreement.
(h)
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that of the Academies.
(2) If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this subchapter to the Academies shall be treated as a reference to the other organization.