[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)''.
______