[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2513 Enrolled Bill (ENR)]
S.2513
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty four
An Act
To amend title 38, United States Code, to improve benefits administered
by the Secretary of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the ``Veterans Benefits Improvement Act of
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
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.
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.