[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1530 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 162
118th CONGRESS
  1st Session
                                H. R. 1530

                          [Report No. 118-199]

 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

                           September 14, 2023

  Additional sponsors: Mr. McGarvey, Ms. Brownley, Mr. Self, and Mrs. 
                                  Bice

                           September 14, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               10, 2023]


_______________________________________________________________________

                                 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 of 
2023''.

SEC. 2. IMPROVEMENT OF PUBLICATION OF DEPARTMENT OF VETERANS AFFAIRS 
              DISABILITY BENEFIT QUESTIONNAIRE FORMS.

    Section 5101 of title 38, United States Code, is amended--
            (1) in subsection (d)--
                    (A) 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 covered non-
                Department providers for the completion of examinations 
                with respect to medical disability of applicants for 
                benefits under laws administered by the Secretary'' 
                before the semicolon; and
                    (B) 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 available or in use at any time after the date of 
        the enactment of the Veterans Benefits Act of 2023; and
            ``(ii) has not been published under paragraph (1).
    ``(C) The Secretary shall include on the same internet website as 
the website on which forms are published under paragraph (1)(A) a list 
of forms that have been excluded from publication pursuant to 
subparagraph (A), and for each such form, a justification for the 
exclusion of the form from publication.''; and
            (2) in subsection (e), by adding at the end the following 
        new paragraph:
            ``(3) The term `covered non-Department provider' means a 
        medical provider who is not an employee of the Department and 
        who provides examinations with respect to medical disability of 
        applicants for benefits under laws administered by the 
        Secretary pursuant to a contract with the Department.''.

SEC. 3. IMPROVEMENT OF PROVISION OF MEDICAL DISABILITY EXAMINATIONS BY 
              CONTRACTORS.

    (a) Report on Improving Reimbursement for Travel Relating to 
Medical Disability Examinations.--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 Committees on 
Veterans' Affairs of the Senate and the House of Representatives a 
report on the efforts of the Secretary to reimburse veterans for 
expenses incurred traveling to a facility of the Department or of a 
covered non-Department provider incident to an examination with respect 
to the medical disability of the veteran for purposes of benefits under 
the laws administered by the Secretary, regardless of whether the 
facility is located inside or outside the United States.
    (b) Communication by Non-Department Providers Providing Medical 
Disability Examinations With Individuals and Organizations Designated 
for Preparation, Presentation, and Prosecution of Claims.--Any contract 
entered into by the Secretary of Veterans Affairs after the date of the 
enactment of this Act under which a covered non-Department provider 
agrees to provide examinations with respect to medical disability for 
applicants for benefits under the laws administered by the Secretary, 
shall include a requirement that every communication from the covered 
non-Department provider to such an applicant regarding the scheduling 
of a covered medical disability examination be contemporaneously 
transmitted to any person or organization--
            (1) designated by the applicant by a power of attorney 
        filed with the Secretary; and
            (2) recognized under sections 5902, 5903, and 5904 of title 
        38, United States Code, for the preparation, presentation, and 
        prosecution of claims.
    (c) 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, in partnership with 
veterans service organizations and such other stakeholders as the 
Secretary considers relevant and appropriate, shall implement an 
outreach program to provide veterans with the following information:
            (1) Contact information for covered non-Department 
        providers that provide examinations with respect to medical 
        disability of applicants for benefits under laws administered 
        by the Secretary, including the telephone numbers such 
        providers may use to contact veterans.
            (2) Notice of the requirement for a veteran to provide 
        personally identifiable information to such a provider when 
        contacted in order to verify the identity of the veteran.
    (d) Covered Non-Department Provider.--In this section, the term 
``covered non-Department provider'' means a medical provider who is not 
an employee of the Department of Veterans Affairs and who provides 
examinations with respect to medical disability of applicants for 
benefits under laws administered by the Secretary of Veterans Affairs 
pursuant to a contract with the Department.

SEC. 4. REPORT ON SUPPORTING GOVERNMENTAL VETERANS SERVICE OFFICERS WHO 
              PREPARE, PRESENT, AND PROSECUTE BENEFITS CLAIMS BEFORE 
              DEPARTMENT OF VETERANS AFFAIRS.

    (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 House of 
Representatives a report on improving the support by the Department of 
Veterans Affairs of covered 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 covered 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 covered 
        governmental veterans service officers.
    (c) Definitions.--In this section:
            (1) The term ``covered 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 before the 
                Department of Veterans Affairs claims for benefits 
                under laws administered by the Secretary.
            (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.

SEC. 5. 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:
``Sec. 7114. Internship program
    ``The Secretary shall establish a competitive internship program of 
the Board for individuals enrolled in the first or second year of law 
schools accredited by the American Bar Association.''.
    (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.

SEC. 6. BENEFITS FOR PARTICIPANTS IN CERTAIN PROGRAMS OF THE DEPARTMENT 
              OF VETERANS AFFAIRS.

    (a) Establishment.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall carry 
out a program to furnish certain benefits to covered participants.
    (b) Benefits: Student Loan Repayment; Reimbursements.--
            (1) In general.--Subject to an agreement under paragraph 
        (2), the Secretary shall provide to each covered attorney--
                    (A) student loan repayment benefits under section 
                5379 of title 5, United States Code, in the case of a 
                covered attorney who is eligible for such benefits; and
                    (B) reimbursement for the cost of--
                            (i) enrollment in a course designed to 
                        prepare an individual for licensure to practice 
                        law in a State;
                            (ii) sitting for a bar examination in a 
                        State; and
                            (iii) annual dues required to maintain 
                        membership in the bar of any State.
            (2) Agreement.--The Secretary shall enter into an agreement 
        with a covered attorney who will receive benefits under 
        paragraph (1). Each such agreement shall specify that--
                    (A) the covered attorney agrees to remain in the 
                service of the Department for a period of not less than 
                three years, unless involuntarily separated; and
                    (B) if separated involuntarily on account of 
                misconduct, or voluntarily, before the end of the 
                period specified in the agreement, the covered attorney 
                shall repay to the United States the amount of any 
                benefits received by the covered participant under 
                paragraph (1).
    (c) Professional Development Activities.--
            (1) Mentorship.--Not later than 90 days after the date on 
        which an individual becomes a covered participant, the 
        Secretary shall assign the covered 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.--At the election of a covered participant 
        who has completed at least two years of service to the 
        Department, the Secretary shall assign such covered participant 
        to:
                    (A) The Office of General Counsel, in a position--
                            (i) that includes full-time legal 
                        responsibilities in order to further the 
                        professional development of the covered 
                        participant; and
                            (ii) for a period of not less than 120 days 
                        and not more than 180 days, or longer at the 
                        discretion of the Secretary.
                    (B) In the case of a covered participant who has 
                already held a position described in subparagraph (A), 
                an assignment described in clauses (i) and (ii) of such 
                subparagraph with the Board of Veterans' Appeals.
            (3) Other rotational assignments.--The Secretary may 
        provide a covered participant 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.
    (d) Periodic Reports.--
            (1) Reports required.--Not later than three years after the 
        date on which the Secretary begins to carry out the program 
        under this section, and not less frequently than once every 
        three years thereafter, the Secretary shall submit to the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives regarding 
        such program.
            (2) Elements.--Each report submitted under paragraph (1) 
        shall include the following elements:
                    (A) Costs to the United States to provide benefits 
                under subsection (b).
                    (B) The rates of retention of covered participants 
                compared to other employees of the Department.
                    (C) Recommendations of the Secretary regarding 
                legislative or administrative action to improve such 
                program.
    (e) Definitions.--In this section:
            (1) The term ``covered attorney'' means an individual who--
                    (A) is a covered participant;
                    (B) has graduated from a law school accredited by 
                the American Bar Association; and
                    (C) is a member in good standing of the bar of a 
                State.
            (2) The term ``covered participant'' means an individual 
        who participates in--
                    (A) the Honors Attorney Program (or successor 
                program) of the Office of General Counsel of the 
                Department of Veterans Affairs; or
                    (B) the Law Clerk Program (or successor program) of 
                the Board of Veterans' Appeals.
            (3) The term ``State'' has the meaning given such term in 
        section 101 of title 38, United States Code.

SEC. 7. INCREASE IN MAXIMUM NUMBER OF JUDGES APPOINTED TO UNITED STATES 
              COURT OF APPEALS FOR VETERANS CLAIMS.

    Section 7253(a) of title 38, United States Code, is amended by 
striking ``seven'' and inserting ``nine''.

SEC. 8. 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.
                                                 Union Calendar No. 162

118th CONGRESS

  1st Session

                               H. R. 1530

                          [Report No. 118-199]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 14, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed