[Congressional Record Volume 170, Number 185 (Thursday, December 12, 2024)]
[Senate]
[Pages S7011-S7013]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3326. Mr. SCHUMER (for Mr. Moran (for himself and Mr. Tester))
proposed an amendment to the bill S. 2513, 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.
This Act may be cited as the ``Veterans Benefits
Improvement Act of 2024''.
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
[[Page S7012]]
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 Improvement Act of
2024; 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.
[[Page S7013]]
(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 ADDITIONAL TEMPORARY EXPANSION OF UNITED
STATES COURT OF APPEALS FOR VETERANS CLAIMS.
Section 7253(i) of title 38, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``Subject to paragraph (2), effective as of
December 31, 2009'' and inserting ``(A) Subject to paragraph
(2), effective during the period beginning on December 31,
2009, and ending on the date of the enactment of the Veterans
Benefits Improvement Act of 2024''; and
(B) by adding at the end the following new subparagraph:
``(B) Subject to paragraph (2), effective as of the date of
the enactment of the Veterans Benefits Improvement Act of
2024, the authorized number of judges of the Court specified
in subsection (a) is increased by three.''; and
(2) in paragraph (2), by striking ``January 1, 2026'' and
inserting ``January 1, 2028''.
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.
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