[Congressional Record Volume 168, Number 197 (Monday, December 19, 2022)]
[Senate]
[Pages S7326-S7327]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6550. Mr. KELLY (for Mr. Tester) proposed an amendment to the bill 
S. 3388, to amend title 38, United States Code, to improve benefits 
administered by the Secretary of Veterans Affairs, and for other 
purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans 
     Benefits Improvement Act of 2021''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

              TITLE I--BOARD OF VETERANS' APPEALS MATTERS

Sec. 101. Board of Veterans' Appeals internship program.
Sec. 102. Pilot program on establishment of Board of Veterans' Appeals 
              honors program.
Sec. 103. Report on improving access to Board of Veterans' Appeals 
              telehearings.

               TITLE II--MEDICAL DISABILITY EXAM MATTERS

Sec. 201. Improving requirement to publish disability benefit 
              questionnaire forms of Department of Veterans Affairs.
Sec. 202. Report on improving medical disability examinations for 
              veterans who live abroad.
Sec. 203. Department of Veterans Affairs requirement for communication 
              by contractors providing covered medical disability 
              examinations with persons recognized by power of attorney 
              for preparation, presentation, and prosecution of claims.
Sec. 204. Department of Veterans Affairs outreach regarding contact 
              information for contractors providing covered medical 
              disability examinations.

                        TITLE III--OTHER MATTERS

Sec. 301. Report on supporting governmental veterans service officers.
Sec. 302. Facilitating Department of Veterans Affairs contractor access 
              to federal tax return information necessary for claims 
              processing.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Claimant.--The term ``claimant'' has the meaning given 
     that term in section 5100 of title 38, United States Code.
       (2) Department.--The term ``Department'' means the 
     Department of Veterans Affairs.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Veterans Affairs.

              TITLE I--BOARD OF VETERANS' APPEALS MATTERS

     SEC. 101. 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 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 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. 102. PILOT PROGRAM ON ESTABLISHMENT OF BOARD OF 
                   VETERANS' APPEALS HONORS PROGRAM.

       (a) Establishment.--Not later than one year after the date 
     of the enactment of this Act, the Secretary shall establish a 
     pilot program to assess the feasibility and advisability of 
     establishing a competitive honors program within the 
     Department for the purpose of recruiting high-achieving law 
     school students, recent law school graduates, and entry-level 
     attorneys for employment with the Board.
       (b) Duration.--The Secretary shall carry out the pilot 
     program required by subsection (a) during the nine-year 
     period beginning on the date of the establishment of the 
     pilot program.
       (c) Honors Program.--
       (1) In general.--Under the pilot program required by 
     subsection (a), the Secretary shall carry out a competitive 
     honors program as described in such subsection.
       (2) Priority consideration.--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 101(a).
       (3) Student loan repayment benefits.--
       (A) In general.--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.
       (B) Agreements.--The Secretary shall enter into an 
     agreement with each participant in the pilot program who will 
     receive benefits described in subparagraph (A), in accordance 
     with such section.
       (C) Commitment.-- An agreement described in subparagraph 
     (B) shall include a requirement that the participant will 
     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.
       (4) Professional development activities.--
       (A) Assignment of mentors.--Not later than 90 days after 
     the date on which an individual begins participating in the 
     pilot program required by subsection (a), the Secretary shall 
     assign the participant a mentor who is a managerial employee 
     of the Department outside the participant's chain of command.
       (B) Assignments to office of general counsel.--
       (i) In general.--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.
       (ii) Period of assignment.--An assignment provided under 
     clause (i) 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.
       (C) Other rotational assignments.--
       (i) In general.--The Secretary may provide a participant in 
     the pilot program one or more other short-term rotational 
     assignments.
       (ii) Period of assignment.--An assignment provided under 
     clause (i) 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 first accepts a participant into 
     the

[[Page S7327]]

     honors program carried out under subsection (c)(1) 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 competitive 
     honors program as described in subsection (a).
       (B) Such recommendations as the Secretary may have for 
     legislative or administrative action to improve recruitment 
     and retention of staff at the Board of Veterans' Appeals.

     SEC. 103. 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 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.

               TITLE II--MEDICAL DISABILITY EXAM MATTERS

     SEC. 201. 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 striking ``; and'' and 
     inserting ``, including (except as provided in paragraph 
     (4)(A))--
       ``(i) all disability benefit questionnaire forms available 
     to personnel of the Veterans Health Administration and 
     contracted personnel for the completion of compensation and 
     pension examinations; and
       ``(ii) all factsheets available to such personnel to inform 
     completion of such examinations; and''; 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, 2020; 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. 202. 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 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 Department facility 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. 203. DEPARTMENT OF VETERANS AFFAIRS REQUIREMENT FOR 
                   COMMUNICATION BY CONTRACTORS PROVIDING COVERED 
                   MEDICAL DISABILITY EXAMINATIONS WITH PERSONS 
                   RECOGNIZED BY POWER OF ATTORNEY FOR 
                   PREPARATION, PRESENTATION, AND PROSECUTION OF 
                   CLAIMS.

       (a) In General.--In each contract entered into by the 
     Secretary 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 veteran regarding 
     the scheduling of a covered medical disability examination be 
     contemporaneously transmitted to the person recognized 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. 204. 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.

                        TITLE III--OTHER MATTERS

     SEC. 301. 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 
     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) Enhanced access to systems.--An assessment of the 
     feasibility 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) Intergovernmental liaisons.--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) Other.--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) Governmental veterans service officer.--The term 
     ``governmental veterans service officer'' means an employee 
     of a State, county, municipal, or Tribal government--
       (A) who is accredited by at least one veterans service 
     organization to serve as a veterans service officer; and
       (B) whose primary responsibilities include working as such 
     an officer.
       (2) Veterans service organization.--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. 302. FACILITATING DEPARTMENT OF VETERANS AFFAIRS 
                   CONTRACTOR ACCESS TO FEDERAL TAX RETURN 
                   INFORMATION NECESSARY FOR CLAIMS PROCESSING.

       (a) In General.--Section 6103(l)(7) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(E) Redisclosures.--
       ``(i) In general.--Officers and employees of the Department 
     of Veterans Affairs who are specifically designated by the 
     Secretary of Veterans Affairs may redisclose return 
     information described in subparagraphs (A) and (B) to 
     contractors of such Department administering (or assisting in 
     administering) a program listed in subparagraph (D)(viii).
       ``(ii) Restrictions on use of information.--Information 
     disclosed under this subparagraph shall be disclosed only for 
     purposes of, and to the extent necessary in, determining 
     eligibility for, or the correct amount of, benefits under a 
     program listed in subparagraph (D)(viii).''.
       (b) Conforming Amendment.--Section 6103(a)(3) of such Code 
     is amended by inserting ``(7)(E),'' after ``(6),''.
       (c) Safeguards.--Section 6103(p)(4) of such Code is amended 
     by striking ``subsection (l)(10)'' each place it appears and 
     inserting ``subsection (l)(7), (10)''.
                                 ______