§1172. Annual notice and opportunity for public comment — Inbound Citations
38 U.S.C. § 1172
Cited by 5 provisions in release 119-102.
Citations to 38 U.S.C. § 1172 as a whole
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(B) determine, using procedures consistent with section 1172 of this title and through the conduct of a formal evaluation under section 1173 of this title, whether to establish an end date for a covered veteran to qualify for presumptions of exposure under this section, if appropriate, but in no case establish an end date earlier than the last day of the period specified in section 101(33) for the Persian Gulf War.
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(1) under section 1172 of this title—(A) the Secretary provides—(i) public notice regarding what formal evaluations the Secretary plans to conduct; and(ii) the public an opportunity to comment on the proposed formal evaluations;(B) the working group established under subsection (b) of such section provides—(i) advice to the Secretary on toxic-exposed veterans and cases in which veterans who, during active military, naval, air, or space service, may have experienced a toxic exposure or their dependents may have experienced a toxic exposure while the veterans were serving in the active military, naval, air, or space service;(ii) recommendations to the Secretary on corrections needed in the Individual Longitudinal Exposure Record to better reflect veterans and dependents described in clause (i); and(iii) recommendations to the Secretary regarding which cases of possible toxic exposure should be reviewed;
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(a) 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.
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(a) The Secretary may modify the process under which the working group established under subsection (b) of section 1172 of this title conducts assessments under such section, the Secretary conducts formal evaluations under section 1173 of this title, and issues regulations 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.
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(b) If the Secretary proposes to modify 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 Senate and the Committee on Veterans’ Affairs of the House of Representatives a notice of the proposed modifications containing the following:(1) A description of the proposed modifications.(2) A description of any exceptions to the requirements of such sections that are proposed because of limited available scientific evidence, and a description of how such evaluations will be conducted.