[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1530 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1530
To amend title 38, United States Code, to improve the requirement to
publish disability benefit questionnaire forms of Department of
Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 10, 2023
Mr. Luttrell (for himself and Mr. Pappas) introduced the following
bill; which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve the requirement to
publish disability benefit questionnaire forms of Department of
Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the ``Veterans Benefits Improvement Act''.
SEC. 2. IMPROVING REQUIREMENT TO PUBLISH DISABILITY BENEFIT
QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS AFFAIRS.
Section 5101(d) of title 38, United States Code, is amended--
(1) in paragraph (1)(A), by inserting ``, including (except
as provided in paragraph (4)(A)) all disability benefit
questionnaire forms available to personnel of the Veterans
Health Administration and contracted personnel for the
completion of compensation and pension examinations'' before
the semicolon; and
(2) by adding at the end the following new paragraph:
``(4)(A) The Secretary may exclude from publication under clauses
(i) and (ii) of paragraph (1)(A) any form described in subparagraph (B)
of this paragraph that the Secretary determines could not reasonably be
completed to a clinically acceptable standard by someone not an
employee or a contractor of the Department.
``(B) A form described in this subparagraph is a form that--
``(i) was in effect after January 1, 2022; and
``(ii) has not been published under paragraph (1).
``(C) For each form excluded under subparagraph (A), the Secretary
shall--
``(i) list the form on the same internet website as the
forms published under paragraph (1)(A) with an indication that
the form has been excluded; and
``(ii) provide with such listing a justification for such
exclusion.''.
SEC. 3. REPORT ON IMPROVING MEDICAL DISABILITY EXAMINATIONS FOR
VETERANS WHO LIVE ABROAD.
Not later than one year after the date of the enactment of this
Act, the Secretary of Veterans Affairs, after consulting with the
Secretary of State and the Commissioner of the Social Security
Administration, 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 efforts of the Secretary to provide
reimbursement for a veteran's travel to a facility of the Department of
Veterans Affairs or a facility of a Department-contracted provider,
regardless of whether the facility is inside or outside the United
States, when such travel is incident to a scheduled compensation and
pension examination.
SEC. 4. DEPARTMENT OF VETERANS AFFAIRS REQUIREMENT FOR COMMUNICATION BY
CONTRACTORS PROVIDING COVERED MEDICAL DISABILITY
EXAMINATIONS WITH PERSONS APPOINTED BY A POWER OF
ATTORNEY FOR PREPARATION, PRESENTATION, AND PROSECUTION
OF CLAIMS.
(a) In General.--In each contract entered into by the Secretary of
Veterans Affairs after the date of the enactment of this Act for the
provision by a contractor of a covered medical disability examination,
the Secretary shall include a requirement that every communication from
a contractor to a claimant regarding the scheduling of a covered
medical disability examination be contemporaneously transmitted to the
person or organization appointed by a power of attorney executed under
sections 5902, 5903, and 5904 of title 38, United States Code, for the
preparation, presentation, and prosecution of claims.
(b) Definition.--In this section, the term ``covered medical
disability examination'' means a medical examination that the Secretary
determines necessary for the purposes of adjudicating a benefit under
chapter 11 or 15 of title 38, United States Code.
SEC. 5. DEPARTMENT OF VETERANS AFFAIRS OUTREACH REGARDING CONTACT
INFORMATION FOR CONTRACTORS PROVIDING COVERED MEDICAL
DISABILITY EXAMINATIONS.
Not later than 120 days after the date of enactment of this Act,
the Secretary of Veterans Affairs shall, in partnership with veterans
service organizations and such other stakeholders as the Secretary
considers relevant and appropriate, implement an informative outreach
program for veterans regarding the following:
(1) Contact information for contractors providing covered
medical disability examinations, including the telephone
numbers from which such contractors may contact veterans.
(2) The requirement for veterans to provide personally
identifiable information when contacted by such contractors in
order to verify their identity.
SEC. 6. REPORT ON SUPPORTING GOVERNMENTAL VETERANS SERVICE OFFICERS.
(a) Report.--Not later than one year after the date of the
enactment of this Act and after consulting veterans service
organizations and such other stakeholders as the Secretary of Veterans
Affairs considers relevant and appropriate, 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
improving the support by the Department of Veterans Affairs of
governmental veterans service officers.
(b) Elements.--The report submitted under subsection (a) shall
include the following:
(1) An assessment of the feasibility, advisability, and
current technical limitations of providing governmental
veterans service officers enhanced access to certain Department
systems to better serve veterans those governmental service
officers may not have authorization to represent.
(2) An assessment as to whether the Department would
benefit from the establishment or designation of an office or
working group within the Department to serve as an
intergovernmental liaison between the Department and
governmental veterans service officers.
(3) Any other recommendations to improve how the Department
monitors, coordinates with, or provides support to governmental
veterans service officers.
(c) Definitions.--In this section:
(1) The term ``governmental veterans service officer''
means an employee of a State, county, municipal, or Tribal
government--
(A) who is recognized by the Secretary of Veterans
Affairs as a representative of a veterans service
organization to serve as a veterans service officer;
and
(B) whose primary responsibilities include
preparing, presenting, and prosecuting benefit claims
before the Department of Veterans Affairs.
(2) The term ``veterans service organization'' means an
organization recognized by the Secretary for the representation
of veterans under section 5902 of title 38, United States Code.
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