[House Report 118-199]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-199
======================================================================
VETERANS BENEFITS IMPROVEMENT ACT OF 2023
_______
September 14, 2023.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bost, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 1530]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (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, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 5
Background and Need for Legislation.............................. 5
Hearings......................................................... 9
Subcommittee Consideration....................................... 9
Committee Consideration.......................................... 10
Committee Votes.................................................. 10
Committee Correspondence.........................................
Committee Oversight Findings..................................... 10
Statement of General Performance Goals and Objectives............ 10
New Budget Authority, Entitlement Authority, and Tax Expenditures 11
Earmarks and Tax and Tariff Benefits............................. 11
Committee Cost Estimate.......................................... 11
Congressional Budget Office Estimate............................. 11
Federal Mandates Statement....................................... 12
Advisory Committee Statement..................................... 13
Constitutional Authority Statement............................... 13
Applicability to Legislative Branch.............................. 13
Statement on Duplication of Federal Programs..................... 13
Disclosure of Directed Rulemaking................................
Section-by-Section Analysis of the Legislation................... 13
Changes in Existing Law Made by the Bill as Reported............. 15
The amendment is 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
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.
Purpose and Summary
H.R. 1530 the ``Veterans Benefits Improvement Act'' was
introduced by Rep. Morgan Luttrell of Texas on March 10, 2023.
The bill as amended would improve and clarify publishing
requirements for Department of Veterans Affairs (VA) disability
benefits questionnaire forms. This bill would also provide
clarity to veterans about communications from VA medical
disability examination contractors. This bill would require a
report on the Department's support of governmental veterans
service officers. The bill as amended includes the text of
other bills referred to the committee including:
H.R. 1329, ``To amend title 38, United States Code, to
provide for an increase in the maximum number of judges who may
be appointed to the United States Court of Appeals for Veterans
Claims'' was introduced by Rep. Keith Self of Texas on March 1,
2023. This bill would increase the number of permanent judges
at the U.S. Court of Appeals for Veterans Claims (CAVC or
Court) from seven to nine judges.
H.R. 1378, the ``Veterans Appeals Backlog Improvement Act''
was introduced by Rep. Juan Ciscomani of Arizona on March 7,
2023. This bill would establish an internship program at the
Board of Veterans' Appeals, establish a nine-year pilot program
to help with recruiting and retention of qualified attorneys at
VA, and would require a report on the status of the program.
This bill would also require a report outlining how the
Department would improve access for veterans to telehearings in
front of the U.S. Board of Veterans' Appeals.
Background and Need for Legislation
Section 1: Short title
This Act may be cited at the ``Veterans Benefits
Improvement Act of 2023''.
Section 2: Improvement of publication of Department of Veterans Affairs
disability benefit questionnaire forms
Under current law, VA is not required to update the public-
facing Disability Benefits Questionnaires (DBQ) on the
Department's website for use by a veteran's private provider.
DBQs are standardized forms used by VA when performing
disability examinations in support of a veteran's claim for
disability compensation. These forms collect necessary medical
information that VA will use to process a veteran's claim. This
section would require VA to publish all DBQ forms that Veterans
Health Administration (VHA) and contract examiners have access
to except those forms that cannot be reasonably completed to a
clinically acceptable standard. This provision would also
require the Secretary to list which forms have been excluded
from publication. The Committee hopes that by requiring the
publication of DBQs on their website, a potential barrier to
disability benefits for veterans who choose to use a private
provider would be removed.
Section 3: Improvement of provision of medical disability examinations
by contractors
This section would establish reporting requirements on the
efforts of the Secretary to reimburse veterans for expenses
they might have incurred when traveling to a VA facility, or
covered VA contract examiner facility, for a disability exam.
Medical disability exams are necessary if the veteran's claim
file does not contain sufficient competent medical evidence for
VA to decide the claim. The veteran will often, (except in some
cases where a telehealth exam can be provided), have to travel
to a VHA provider or to a non-Department provider's facility to
receive a medical disability exam. The cost of travel to a
disability exam may be a barrier to veterans attending their
exams. The Committee believes that this report would provide
information necessary for oversight of the reimbursement
efforts of the Secretary.
This provision would require non-Department providers who
provide disability exams to simultaneously transmit the
scheduling of a veteran's exam to the veteran and to the
individual designated power of attorney for that veteran.
Veterans have raised concerns that they often miss their
disability exams because they were not notified in a timely
manner. The Committee believes that requiring non-Department
providers to send the scheduling notice to the power of
attorney would provide another source of information for the
veteran to ensure that they are able to show up to their
disability exam.
This provision would require VA to conduct an outreach
program to inform veterans that they may be asked to provide
personally identifiable information to a provider in order to
verify their identity. This provision would also provide the
contact information of the non-Department providers, to include
the phone numbers the non-Department provider might use to
contact the veteran in regard to their disability exam. By
providing veterans with this information, they would be better
prepared to respond to the non-Department provider who is
attempting to contact the veteran about their exam instead of
ignoring a call from an unknown caller. Additionally, this
provision may preempt the veteran's reluctance to provide
personally identifiable information if the veteran is notified
prior to the call from the provider. The Committee believes
that the outreach program in this provision would provide
greater transparency and cooperation between VA and the
veteran.
Section 4: Report on supporting governmental Veterans Service officers
who prepare, present, and prosecute benefits claims before
Department of Veterans Affairs
Governmental veterans service officers are employees of
Veterans Service Organizations (VSO) who are recognized by the
Secretary to prepare, present, and prosecute disability
benefits claims before VA. These officers are employees of a
State, county, municipal, or Tribal government. This section
would establish reporting requirements that would include
assessments about the feasibility of providing government
veterans service officers with access to certain systems, as
well as an assessment on how the government would benefit from
the establishment of a working group between VA and these
governmental veterans service officers. The Committee believes
that this provision would provide necessary insight into how
improving veterans service officers' access to VA systems would
improve information and transparency between VA, VSOs, and
veterans. The Committee believes that this provision would
allow VA and Congress to have greater oversight of a major
component of the VA disability claims process.
Section 5: Board of Veterans' Appeals internship program
The U.S. Board of Veterans' Appeals (BVA) is a VA
administrative appellate board under the Office of the
Secretary that reviews certain decisions from Veterans Benefits
Administration (VBA), Veterans Health Administration (VHA), and
National Cemetery Administration (NCA). The Board is comprised
of administrative Veteran's Law Judges (VLJ's) who decide
appeals from claimants who feel their claim was wrongly decided
by VA administrations. These judges are selected by the
Secretary and appointed by the President, but are not Senate
confirmed. Additionally, line attorneys provide case support to
VLJ's by researching the case and preparing draft decisions.
The VA Office of General Counsel ensures that the VA
responsibly and legally executes the laws, regulations, and
policies that fall under the Secretary's jurisdiction. At the
end of Fiscal Year (FY)22, there were roughly 209,535 pending
appeals at BVA. The Board and OGC are facing hiring and
retention issues, similar to VBA and VHA. Additionally, after
the passage of the ``Honoring our PACT Act'' (P.L. 117-168) the
number of pending appeals is expected to rise. This provision
would help improve VA's ability to hire and retain qualified
attorneys by providing internship opportunities at the Board
for first or second-year law students. This provision would
provide incentives for qualified attorneys to remain at the
Department after the internship has ended. The Committee
believes that this provision would assist VA in their hiring
and improve retention of qualified attorneys at the Board.
Having ample qualified attorneys on staff would contribute to
the goal of working down the backlog of pending appeals.
Section 6: Benefits for participants in certain programs of the
Department of Veterans Affairs
This section would provide the Secretary with the ability
to offer participants of the internship program student loan
repayment benefits and reimbursement for the cost of
preparation courses for the bar exam and bar exam fees. If
participants receive these benefits, they must enter into an
agreement with the Secretary to remain in service to the
Department for no less than 3 years. This provision would offer
mentorship opportunities and varied assignments within the
Department at the Board and at OGC. The Committee believes this
would contribute to hiring incentives that the Secretary can
offer to the lawyers participating in the honors program. VA
already reimburses these fees for attorneys within the Office
of General Counsel, thus this provision would provide parity
for participants of the internship program. This provision
requires a report that would include information about the
Board's retention abilities, recommendations on further action,
and the cost to the US. The Committee believes that this report
would provide helpful insight on the implementation and
effectiveness of the program.
Section 7: Increase in maximum number of judges appointed to the United
States Court of Appeals for Veterans claims
The Court was established in 1988 under the Veterans'
Judicial Review Act (P.L. 100-687) and signed into law by
President Reagan to review decisions made by the Board when a
claimant feels the Board made an error in their decision. The
Court is an independent court outside of VA. Under current law,
the Court is authorized to have seven permanent judges and two
additional temporary judges. The temporary expansion is
authorized until 2026. This provision would expand the size of
the court from seven permanent judges to nine permanent judges.
The Court would still maintain the temporary two additional
judges until 2026. These judges are appointed for 15-year terms
and can be optionally recalled for further service after
retirement as a recall-eligible Senior Judge. In FY22, the
Court recalled four retired judges to assist with the
substantial and sustained workload. This provision is a request
from the Court, and the Committee believes that they will need
the additional judges to prepare for the influx of appeals that
will come with the claims from the PACT Act. According to the
Court's FY22 Annual Report,\1\ they completed 15,136 total
dispositions. The Committee that believes that the
authorization for the two additional permanent judges is
necessary for the Court to manage their workload based on the
projections that the production of final decisions by the Board
will continue to grow.
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\1\FY2022AnnualReport.pdf (cavc.gov).
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Section 8: Report on improving access to Board of Veterans' Appeals
telehearings
The Tele-hearing Modernization Act (P.L. 116-137), signed
into law in 2020, permitted the Board to conduct tele-hearings
at a location selected by the veteran. Previously, the Board
was authorized to conduct hearings via videoconferences at
local VA facilities. This law gave the veteran more flexibility
and accessibility in appearing before the Board. This law
required a one-time report that would provide information to
Congress on the collaboration, IT-modernization requests, and
information on outreach to veterans and stakeholders.
The report that would be required in this provision would
include information such as feasibility for reimbursing
veterans for travel to the location of their tele-hearing if it
is outside the veteran's home and other recommendations to
improve veterans' access to tele-hearings in front of the Board
of veterans appeals. These tele-hearings increase access to the
Board for veterans who are unable to travel to a VA facility or
to the Board for their hearing. This option was particularly
useful during the COVID-19 pandemic so the Board could continue
to hold hearings. The Committee hopes that this report would
provide necessary information on improving the access for
veterans to tele-hearings.
Hearings
On March 29, 2023, the Subcommittee on Disability
Assistance and Memorial Affairs conducted a legislative hearing
on H.R. 1329, H.R. 1378, H.R. 1530, and other bills pending
before the subcommittee.
The following witnesses testified:
The Honorable Jack Bergman, U.S. House of
Representatives, 1st District, Michigan; The Honorable
Juan Ciscomani, U.S. House of Representatives, 6th
District, Arizona; The Honorable Mike Levin, U.S. House
of Representatives, 49th District, California; The
Honorable Morgan Luttrell, U.S. House of
Representatives, 8th District, Texas; The Honorable
Chris Pappas, U.S. House of Representatives, 1st
District, New Hampshire; The Honorable Keith Self, U.S.
House of Representatives, 3rd District, Texas; Mr.
Kevin J. Friel, Deputy Director of the Pension and
Fiduciary Service, U.S. Department of Veterans Affairs,
who was accompanied by Ms. Cheryl Rawls, Executive
Director, Outreach, Transition, and Economic
Development, Department of Veterans Affairs and Ms.
Christa A. Shriber, Deputy Chief Counsel, U.S.
Department of Veterans Affairs; Ms. Kristina J. Keenan,
Deputy Director, Veterans of Foreign Wars of the United
States; Mr. Shane Liermann, Deputy National Legislative
Director, Disabled American Veterans; Mr. Lawrence
Montreuil, National Legislative Division Director, The
American Legion; and Lieutenant Colonel William Taylor
(Ret.), Chief Operating Officer, Veterans Guardian.
A statement for the record was submitted by:
Gold Star Wives of America, National Organization of
Veterans' Advocates, Inc., Tragedy Assistance Program
for Survivors, U.S. Court of Appeals for Veterans
Claims, and The Honorable Michael Waltz, U.S. House of
Representatives, 6th District, Florida.
Subcommittee Consideration
On April 19, 2023, the Subcommittee of Disability
Assistance and Memorial Affairs held a markup on H.R. 1530.
An amendment in the nature of a substitute to H.R.
1329 offered by Rep. Luttrell was adopted by voice vote
and the bill was ordered favorably forwarded to the
full Committee on Veterans Affairs. The amendment in
the nature of would extend current rates for VA home
loan funding fees to pay for cost of this bill.
An amendment to H.R. 1378 offered by Rep. McGarvey
was adopted by voice vote and the bill was ordered
favorably forwarded to the full committee. The
amendment would allow eligible participants in the
internship program to be eligible for student loan
repayment and certain reimbursement benefits.
An amendment in the nature of a substitute to H.R.
1530 offered by Rep. Luttrell was adopted by voice vote
and the bill was ordered favorably forwarded to the
full Committee on Veterans Affairs. The amendment in
the nature of would make technical changes to the base
text to clarify the intent of the bill.
Committee Consideration
On April 28, 2023, the full Committee met in open markup
session, a quorum being present, and ordered H.R. 1530, as
amended, to be reported favorably to the House of
Representatives by voice vote. During consideration of the
bill, the following amendments were considered:
An amendment in the nature of a substitute offered by
Chairman Bost that included the text of H.R. 1530,
adopted by the Subcommittee on Disability Assistance
and Memorial Affairs, and added the text of the
following bills: H.R. 1378, as amended, and H.R. 1329.
The amendment in the nature of substitute, as amended,
was approved by voice vote.
A motion by Representative Takano to report H.R.
1530, as amended, favorably to the House of
Representatives was agreed to by voice vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken on amendments or in connection with ordering H.R. 1530,
as amended, reported to the House. A motion by Representative
Mark Takano of California to report H.R. 1530, as amended,
favorably to the House of Representatives was adopted by voice
vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives of H.R. 1530, as amended, are to provide
improvements to the veterans benefits process by supporting the
Department and providing clarity in the process for the
veterans.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 1530, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
1530, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 1530, as amended, provided by the Director of the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 1530 would increase the number of judges on the Court
of Appeals for Veterans' Claims (CAVC), provide certain
benefits to recent law school graduates hired by the Department
of Veterans' Affairs (VA), expand internship opportunities at
VA, and require several reports and studies. In total, those
changes would cost $6 million over the 2023-2028 period. Such
spending would be subject to the availability of appropriated
funds.
The CAVC has jurisdiction over appeals relating to
veterans' benefits when veterans believe that VA's final
decisions are incorrect. Under current law, the court is
authorized to have up to seven permanent judges; it has
temporary authority for two additional judges through the end
of 2025. Section 7 would permanently authorize the court to
seat up to nine judges, an increase of two judges, beginning in
2026. Using information on salaries for federal judges and
their supporting staff, CBO estimates that adding two
additional judges to the CAVC on a permanent basis would cost
$6 million over the 2023-2028 period.
In addition, the bill would require VA to establish a
program to reimburse the costs of state bar exam preparation
and annual bar dues for recent law graduates who commit to a
three-year service agreement with the department. VA hires
recent law school graduates on a temporary basis under programs
that allow them to convert to permanent positions upon becoming
fully licensed to practice law. Because VA has hired a small
number of people under those programs in recent years, CBO
estimates that reimbursing employees for bar preparation
courses and annual bar dues would increase costs by less than
$500,000 over the 2023-2028 period.
Several other sections of the bill would require VA to
submit reports and studies to the Congress and to provide
additional information to veterans and their representatives.
Based on the costs of similar activities, CBO estimates that
satisfying those requirements would increase costs by
insignificant amounts.
The bill also would require VA to establish an internship
program for first-year and second-year law students, and to
help recent law school graduates repay their student loans. The
department is satisfying both of those requirements under
current law, thus implementing those provisions would not
affect the federal budget.
The costs of the legislation, detailed in Table 1, fall
within budget function 700 (veterans benefits and services).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1530
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------
2023 2024 2025 2026 2027 2028 2023-2028
----------------------------------------------------------------------------------------------------------------
Estimated Authorization.............................. * * * 2 2 2 6
Estimated Outlays.................................... * * * 2 2 2 6
----------------------------------------------------------------------------------------------------------------
** = between zero and $500,000.
The CBO staff contact for this estimate is Logan Smith. The
estimate was reviewed by Chad Chirico, Deputy Director of
Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R 1530, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
1530, as amended.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 1530, as amended, is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that H.R. 1530, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1530, as amended, establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of P.L. 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 of the bill would establish the short title of
the bill as ``Veterans Benefits Improvement Act of 2023''.
Section 2. Improvement of publication of department of veterans affairs
disability benefit questionnaire forms
Section two of the bill would amend section 5101 of title
38 United States Code (U.S.C.) by clarifying that the forms
published on VA's website must include all disability benefit
questionnaire forms that are available to Veterans Health
Administration employees and covered non-Department providers
which can be used in disability exams for the purposes of
applying for veterans' benefits.
This section would allow the Secretary to exclude certain
forms that could not be reasonably completed to a clinically
acceptable standard by someone not employed or contracted by
VA.
This section would require the Secretary to publish a list
of the forms which were excluded from publication as well as a
justification for the exclusion from publication.
This section would define ``covered non-Department
provider''.
Section 3. Improvement of provision of medical disability examinations
by contractors
Section three of the bill would require the Secretary to
submit, in consultation with the Secretary of State and the
Commissioner of the Social Security Administration, a report no
later than one year after enactment of this bill detailing the
efforts of the Secretary in providing reimbursements to
veterans who had to travel to a VA facility or a non-Department
provider for a medical disability examination for their
disability claim, regardless of whether the facility is located
in or outside of the U.S.
This section would require the Secretary, after the date of
enactment of this bill, to include a requirement in all
contracts with non-Department providers that every
communication regarding scheduling a disability exam between
the provider and the applicant should simultaneously be sent to
the person or organization designated power of attorney or
recognized in the Code to prepare, present, and prosecute the
applicants claim.
This section would require the Secretary to implement an
outreach program no later than 120 days after enactment of this
bill which would provide veterans with the following
information: (1) contact information for covered non-Department
providers that provide medical disability examinations
including the telephone numbers such providers may use to
contact veterans; and (2) a 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.
Section 4. Report on supporting governmental veterans service officers
who prepare, present, and prosecute benefits claims before
Department of Veterans Affairs
Section four of the bill would require the Secretary to
submit a report no later than one year after enactment of this
bill which would 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; and (3) Any other
recommendations to improve how the Department monitors,
coordinates with, or provides support to covered governmental
veterans service officers.
This section would define for the purposes of this section:
covered governmental veterans service officers and veterans
service organizations.
Section 5. Board of Veterans' Appeals internship program
Section five of the bill would amend chapter 71 of title 38
U.S.C. by inserting after section 7113 a new section which
would require the Secretary to establish an internship program
no later than one year after enactment of the bill at the Board
for first- or second-year law students.
Section 6. Benefits for participants in certain programs of the
Department of Veterans Affairs
Section six of the bill would require the Secretary, no
later than one year after enactment, to carry out a program
which would provide student loan repayment benefits and
reimbursement for preparation courses and bar exam fees if the
attorney agrees to remain employed by the Department for no
less than three years.
This section would require the Secretary to assign covered
participants a mentor, a full-time position no longer than six
months in the Office of General Counsel or at the Board. The
Secretary could also provide a short-term rotational assignment
to the covered participant.
This section would require the Secretary to submit a report
no later than three years after the date when the Secretary
begins the program and at least once every three years after
which would include the following: (A) costs to the U.S. to
provide benefits under subsection (b); (B) the rates of
retention of covered participants compared to other employees
of the Department; and (C) recommendations of the Secretary
regarding legislative or administrative action to improve such
program.
This section would define: covered attorney, covered
participant, and State.
Section 7. Increase in maximum number of judges appointed to United
States Court of Appeals for veterans claims
Section seven of the bill would amend section 7253(a) of
title 38 U.S.C. to authorize two additional permanent judges at
the Court.
Section 8. Report on improving access to Board of Veterans' Appeals
telehearings
Section eight of the bill would require the Secretary to
submit a report no later than 180 days after enactment of this
bill which would 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 is held by picture
and voice transmission, if the Secretary determines that travel
to such location is reasonably necessary; (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 held by picture and
voice transmission from a veteran's home; and (3) other
recommendations from stakeholders to improve access to hearings
before the BVA held by picture and voice transmission.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
* * * * * * *
CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
* * * * * * *
SUBCHAPTER I--CLAIMS
* * * * * * *
Sec. 5101. Claims and forms
(a)(1)(A) Except as provided in subparagraph (B), a specific
claim in the form prescribed by the Secretary (or jointly with
the Commissioner of Social Security, as prescribed by section
5105 of this title) must be filed in order for benefits to be
paid or furnished to any individual under the laws administered
by the Secretary.
(B)(i) The Secretary may pay benefits under chapters 13 and
15 and sections 2303, 2307, and 5121 of this title to a
survivor of a veteran who has not filed a formal claim if the
Secretary determines that the record contains sufficient
evidence to establish the entitlement of the survivor to such
benefits.
(ii) For purposes of this subparagraph and section 5110 of
this title, the earlier of the following dates shall be treated
as the date of the receipt of the survivor's application for
benefits described in clause (i):
(I) The date on which the survivor of a veteran (or
the representative of such a survivor) notifies the
Secretary of the death of the veteran through a death
certificate or other relevant evidence that establishes
entitlement to survivors' benefits identified in clause
(i).
(II) The head of any other department or agency of
the Federal Government notifies the Secretary of the
death of the veteran.
(iii) In notifying the Secretary of the death of a veteran as
described in clause (ii)(I), the survivor (or the
representative of such a survivor) may submit to the Secretary
additional documents relating to such death without being
required to file a formal claim.
(2) If an individual has not attained the age of 18 years, is
mentally incompetent, or is physically unable to sign a form, a
form filed under paragraph (1) for the individual may be signed
by a court-appointed representative, a person who is
responsible for the care of the individual, including a spouse
or other relative, or an attorney in fact or agent authorized
to act on behalf of the individual under a durable power of
attorney. If the individual is in the care of an institution,
the manager or principal officer of the institution may sign
the form.
(b)(1) A claim by a surviving spouse or child for
compensation or dependency and indemnity compensation shall
also be considered to be a claim for death pension and accrued
benefits, and a claim by a surviving spouse or child for death
pension shall be considered to be a claim for death
compensation (or dependency and indemnity compensation) and
accrued benefits.
(2) A claim by a parent for compensation or dependency and
indemnity compensation shall also be considered to be a claim
for accrued benefits.
(c)(1) Any person who applies for, signs a form on behalf of
an individual to apply for, or is in receipt of any
compensation or pension benefit under laws administered by the
Secretary shall, if requested by the Secretary, furnish the
Secretary with the social security number of such person, or
TIN in the case that the person is not an individual, and the
social security number of any claimant, dependent, or
beneficiary on whose behalf, or based upon whom, such person
applies for or is in receipt of such benefit. A person is not
required to furnish the Secretary with a social security number
for any person to whom a social security number has not been
assigned.
(2) The Secretary shall deny the application of or terminate
the payment of compensation or pension to a person who fails to
furnish the Secretary with a social security number or TIN
required to be furnished pursuant to paragraph (1) of this
subsection. The Secretary may thereafter reconsider the
application or reinstate payment of compensation or pension, as
the case may be, if such person furnishes the Secretary with
such social security number or TIN.
(3) The costs of administering this subsection shall be paid
for from amounts available to the Department of Veterans
Affairs for the payment of compensation and pension.
(d)(1) The Secretary shall publish in a central location on
the internet website of the Department--
(A) the disability benefit questionnaire forms of the
Department for the submittal of evidence from non-
Department medical providers regarding a disability of
a claimant, including any form or process that replaces
any such disability benefit questionnaire form,
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; and
(B) details about the process used by the Department
for submittal of evidence described in subparagraph
(A).
(2) Subject to section 6103 of this title, if the Secretary
updates a form described in paragraph (1)(A), the Secretary
shall--
(A) accept the previous version of the form filed by
a claimant if--
(i) the claimant provided to the non-
Department medical provider the previous
version of the form before the date on which
the updated version of the form was made
available; and
(ii) the claimant files the previous version
of the form during the one-year period
following the date the form was completed by
the non-Department medical provider;
(B) request from the claimant (or from a non-
Department medical provider if the claimant has
authorized the provider to share health information
with the Secretary) any other information that the
updated version of the form requires; and
(C) apply the laws and regulations required to
adjudicate the claim as if the claimant filed the
updated version of the form.
(3) The Secretary may waive any interagency approval process
required to approve a modification to a disability benefit
questionnaire form if such requirement only applies by reason
of the forms being made public.
(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.
(e) In this section:
(1) The term ``mentally incompetent'' with respect to
an individual means that the individual lacks the
mental capacity--
(A) to provide substantially accurate
information needed to complete a form; or
(B) to certify that the statements made on a
form are true and complete.
(2) The term ``TIN'' has the meaning given the term
in section 7701(a)(41) of the Internal Revenue Code of
1986.
(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.
* * * * * * *
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
* * * * * * *
CHAPTER 71--BOARD OF VETERANS' APPEALS
Sec.
7101. Composition of Board of Veterans' Appeals.
* * * * * * *
7114. Internship program.
* * * * * * *
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.
* * * * * * *
CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
* * * * * * *
SUBCHAPTER I--ORGANIZATION AND JURISDICTION
* * * * * * *
Sec. 7253. Composition
(a) Composition.--The Court of Appeals for Veterans Claims is
composed of at least three and not more than [seven] nine
judges, one of whom shall serve as chief judge in accordance
with subsection (d).
(b) Appointment.--The judges of the Court shall be appointed
by the President, by and with the advice and consent of the
Senate, solely on the grounds of fitness to perform the duties
of the office. A person may not be appointed to the Court who
is not a member in good standing of the bar of a Federal court
or of the highest court of a State. Not more than the number
equal to the next whole number greater than one-half of the
number of judges of the Court may be members of the same
political party.
(c) Term of Office.--The term of office of the judges of the
Court of Appeals for Veterans Claims shall be 15 years. A judge
who is nominated by the President for appointment to an
additional term on the Court without a break in service and
whose term of office expires while that nomination is pending
before the Senate may continue in office for up to 1 year while
that nomination is pending.
(d) Chief Judge.--(1) The chief judge of the Court is the
head of the Court. The chief judge of the Court shall be the
judge of the Court in regular active service who is senior in
commission among the judges of the Court who--
(A) have served for one or more years as judges of
the Court;
(B) have at least 3 years remaining in term of
office; and
(C) have not previously served as chief judge.
(2)(A) In any case in which there is no judge of the Court in
regular active service who meets the requirements under
paragraph (1), the judge of the Court in regular active service
who is senior in commission and meets subparagraph (A) or (B)
and subparagraph (C) of paragraph (1) shall act as the chief
judge.
(B) In any case under subparagraph (A) of this paragraph in
which there is no judge of the Court in regular active service
who meets subparagraph (A) or (B) and subparagraph (C) of
paragraph (1), the judge of the Court in regular active service
who is senior in commission and meets subparagraph (C) shall
act as the chief judge.
(3) Except as provided in paragraph (4), a judge of the Court
shall serve as the chief judge under paragraph (1) for a term
of five years or until the judge becomes age 70, whichever
occurs first. If no other judge is eligible under paragraph (1)
to serve as chief judge upon the expiration of that term, that
judge shall continue to serve as chief judge until another
judge becomes eligible under that paragraph to serve as chief
judge.
(4)(A) The term of a chief judge shall be terminated before
the end of the term prescribed by paragraph (3) if--
(i) the chief judge leaves regular active service as
a judge of the Court; or
(ii) the chief judge notifies the other judges of the
Court in writing that such judge desires to be relieved
of the duties of chief judge.
(B) The effective date of a termination of the term under
subparagraph (A) shall be the date on which the chief judge
leaves regular active service or the date of the notification
under subparagraph (A)(ii), as the case may be.
(5) If a chief judge is temporarily unable to perform the
duties of chief judge, those duties shall be performed by the
judge of the Court in active service who is present, able and
qualified to act, and is next in precedence.
(6) Judges who have the same seniority in commission shall be
eligible for service as chief judge in accordance with their
relative precedence.
(e) Salary.--Each judge of the Court shall receive a salary
at the same rate as is received by judges of the United States
district courts.
(f) Removal.--(1) A judge of the Court may be removed from
office by the President on grounds of misconduct, neglect of
duty, engaging in the practice of law, or violating section
7255(c) of this title. A judge of the Court may not be removed
from office by the President on any other ground.
(2) Before a judge may be removed from office under this
subsection, the judge shall be provided with a full
specification of the reasons for the removal and an opportunity
to be heard.
(g) Rules.--(1) The Court shall prescribe rules, consistent
with the provisions of chapter 16 of title 28, establishing
procedures for the filing of complaints with respect to the
conduct of any judge of the Court and for the investigation and
resolution of such complaints. In investigating and taking
action with respect to any such complaint, the Court shall have
the powers granted to a judicial council under such chapter.
(2) The provisions of sections 354(b) through 360 of title
28, regarding referral or certification to, and petition for
review in, the Judicial Conference of the United States and
action thereon, shall apply to the exercise by the Court of the
powers of a judicial council under paragraph (1) of this
subsection. The grounds for removal from office specified in
subsection (f)(1) shall provide a basis for a determination
pursuant to section 354(b) or 355 of title 28, and
certification and transmittal by the Conference shall be made
to the President for consideration under subsection (f).
(3)(A) In conducting hearings pursuant to paragraph (1), the
Court may exercise the authority provided under section 1821 of
title 28 to pay the fees and allowances described in that
section.
(B) The Court shall have the power provided under section 361
of title 28 to award reimbursement for the reasonable expenses
described in that section. Reimbursements under this
subparagraph shall be made from funds appropriated to the
Court.
(h) Temporary Expansion of Court.--(1) During the period from
January 1, 2002, through August 15, 2005, the authorized number
of judges of the Court specified in subsection (a) is increased
by two.
(2)(A) Of the two additional judges authorized by this
subsection--
(i) only one may be appointed pursuant to a
nomination made in 2002; and
(ii) only one may be appointed pursuant to a
nomination made in 2003.
(B) If a judge is not appointed under this subsection
pursuant to a nomination made in 2002, a judge may be appointed
under this subsection pursuant to a nomination made in 2004. If
a judge is not appointed under this subsection pursuant to a
nomination made in 2003, a judge may be appointed under this
subsection pursuant to a nomination made in 2004. In either
case, such an appointment may be made only pursuant to a
nomination made before October 1, 2004.
(3) The term of office and the eligibility for retirement of
a judge appointed under this subsection, other than a judge
described in paragraph (4), are governed by the provisions of
section 1012 of the Court of Appeals for Veterans Claims
Amendments of 1999 (title X of Public Law 106-117; 113 Stat.
1590; 38 U.S.C. 7296 note) if the judge is one of the first two
judges appointed to the Court after November 30, 1999.
(4) A judge of the Court as of December 27, 2001, who was
appointed to the Court before January 1, 1991, may accept
appointment as a judge of the Court under this subsection
notwithstanding that the term of office of the judge on the
Court has not yet expired under this section. The term of
office of an incumbent judge who receives an appointment as
described in the preceding sentence shall be 15 years, which
includes any period remaining in the unexpired term of the
judge. Any service following an appointment under this
subsection shall be treated as though served as part of the
original term of office of that judge on the Court.
(5) Notwithstanding paragraph (1), an appointment may not be
made to the Court if the appointment would result in there
being more than seven judges on the Court who were appointed
after January 1, 1997. For the purposes of this paragraph, a
judge serving in recall status under section 7257 of this title
shall be disregarded in counting the number of judges appointed
to the Court after such date.
(i) Additional Temporary Expansion of Court.--(1) Subject to
paragraph (2), effective as of December 31, 2009, the
authorized number of judges of the Court specified in
subsection (a) is increased by two.
(2) Effective as of January 1, 2026, an appointment may not
be made to the Court if the appointment would result in there
being more judges of the Court than the authorized number of
judges of the Court specified in subsection (a).
* * * * * * *
[all]