118 HR 1378 IH: Veterans’ Appeals Backlog Improvement Act
U.S. House of Representatives
2023-03-07
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I
118th CONGRESS
1st Session
H. R. 1378
IN THE HOUSE OF REPRESENTATIVES
March 7, 2023
Mr. Ciscomani (for himself, Mr. McGarvey, Mrs. Miller-Meeks, Mrs. Kiggans of Virginia, and Ms. Budzinski) introduced the following bill; which was referred to the Committee on Veterans' Affairs
A BILL
To amend title 38, United States Code, to establish an internship program within the Board of Veterans’ Appeals, and for other purposes.
1.

Short title; table of contents
This Act may be cited as the “Veterans’ Appeals Backlog Improvement Act”.
2.

Board of Veterans' Appeals internship program
(a)

In general
Chapter 71 of title 38, United States Code, is amended by adding at the end the following new section:
“7114.

Internship program
The Secretary shall establish a competitive internship program within the Department for the purpose of providing an opportunity for high-achieving students at law schools accredited by the American Bar Association to gain experience with the Board.”.
(b)

Clerical amendment
The table of sections at the beginning of chapter 71 of such title is amended by adding at the end the following new item:
“7114. Internship program.”.
(c)

Deadline
The Secretary of Veterans Affairs shall establish the internship program required by section 7114 of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act.
3.

Pilot program on establishment of Department of Veterans Affairs honors program
(a)

Establishment
Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a nine-year pilot program under which the Secretary shall carry out a competitive honors program within the Department of Veterans Affairs for the purpose of recruiting high-achieving law school students, recent law school graduates, and entry-level attorneys for employment with the Department.
(b)

Qualifications
To be eligible to participate in the competitive honors program under the pilot program, an individual shall have graduated from a law school accredited by the American Bar Association and shall be a member in good standing of the bar of a state, territory, or the District of Columbia. The Secretary shall give priority consideration in application for the honors program to individuals who successfully complete the internship program established under section 7114 of title 38, United States Code, as added by section 2(a).
(c)

Student loan repayment benefits
(1)

In general
Subject to an agreement under paragraph (2), the Secretary shall provide student loan repayment benefits under section 5379 of title 5, United States Code, to each participant in the pilot program who is eligible for student loan repayment benefits under such section.
(2)

Participant agreement
The Secretary shall enter into an agreement with each participant in the pilot program who will receive benefits described in paragraph (1), in accordance with such section. Each such agreement shall specify that—
(A)
the participant agrees to remain in the service of the Department for a period of not less than three years, unless involuntarily separated, in accordance with subsection (c) of such section; and
(B)
if separated involuntarily on account of misconduct, or voluntarily, before the end of the period specified in the agreement, the participant shall repay to the Government the amount of any benefits received by the individual from the Department in accordance with subsection (c) of such section 5379.
(d)

Professional development activities
(1)

Assignment of mentors
Not later than 90 days after the date on which an individual begins participating in the pilot program established under subsection (a), the Secretary shall assign the participant a mentor who is an employee of the Department who is—
(A)
to the extent practicable, a managerial employee; and
(B)
outside the participant's chain of command.
(2)

Assignments to Office of General Counsel
The Secretary shall provide each participant in the pilot program at least one assignment within the Office of General Counsel of the Department that includes full-time legal responsibilities in order to further the professional development of the participant. Such assignment shall be for a period of not less than 120 days and not more than 180 days, or longer at the discretion of the Secretary.
(3)

Other rotational assignments
The Secretary may provide a participant in the pilot program one or more other short-term rotational assignments. Such an assignment shall be for a period of not less than 30 days and not more than 180 days, at the discretion of the Secretary.
(e)

Periodic reports
(1)

Reports required
Not later than three years after the date on which the Secretary first accepts a participant into the competitive honors program carried out under the pilot program, and not less frequently than once every three years thereafter for the duration of the pilot program, 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 on the findings of the Secretary with respect to the pilot program.
(2)

Contents
Each report submitted under paragraph (1) shall include the following:
(A)
The findings of the Secretary with respect to the feasibility and advisability of establishing a permanent competitive honors program within the Department.
(B)
Such recommendations as the Secretary may have for legislative or administrative action to improve recruitment and retention of staff at the Department.
4.

Report on improving access to Board of Veterans' Appeals telehearings
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on improving access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission.
(b)

Contents
The report required by subsection (a) shall include the following:
(1)
Recommendations on the feasibility and advisability of reimbursing veterans for expenses incurred for travel from the home of a veteran to the location at which a hearing before the Board of Veterans’ Appeals is held by picture and voice transmission, if the Secretary determines that travel to such location is reasonably necessary for such a hearing.
(2)
Recommendations on establishment of pilot programs to assess the feasibility and advisability of using other methods that could improve veteran access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission from a veteran’s home.
(3)
Such other recommendations to improve access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission as the Secretary may receive from stakeholders.