[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2513 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 2513
_______________________________________________________________________
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.
Passed the Senate December 12, 2024.
Attest:
Secretary.
118th CONGRESS
2d Session
S. 2513
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to improve benefits administered
by the Secretary of Veterans Affairs, and for other purposes.