[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2513 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2513
To amend title 38, United States Code, to improve benefits administered
by the Secretary of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 26, 2023
Mr. Tester (for himself and Mr. Moran) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
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.
(a) Short Title.--This Act may be cited as the ``Veterans Benefits
Improvement Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BOARD OF VETERANS' APPEALS MATTERS
Sec. 101. Board of Veterans' Appeals internship program.
Sec. 102. Pilot program on establishment of Board of Veterans' Appeals
honors program.
Sec. 103. Report on improving access to Board of Veterans' Appeals
telehearings.
TITLE II--MEDICAL DISABILITY EXAM MATTERS
Sec. 201. Improving requirement to publish disability benefit
questionnaire forms of Department of
Veterans Affairs.
Sec. 202. Report on improving medical disability examinations for
veterans who live abroad.
Sec. 203. Department of Veterans Affairs requirement for communication
by contractors providing covered medical
disability examinations with persons
recognized by power of attorney for
preparation, presentation, and prosecution
of claims.
Sec. 204. Department of Veterans Affairs outreach regarding contact
information for contractors providing
covered medical disability examinations.
TITLE III--OTHER MATTERS
Sec. 301. Report on supporting governmental veterans service officers.
SEC. 2. DEFINITIONS.
In this Act:
(1) Claimant.--The term ``claimant'' has the meaning given
that term in section 5100 of title 38, United States Code.
(2) Department.--The term ``Department'' means the
Department of Veterans Affairs.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Veterans Affairs.
TITLE I--BOARD OF VETERANS' APPEALS MATTERS
SEC. 101. BOARD OF VETERANS' APPEALS INTERNSHIP PROGRAM.
(a) In General.--Chapter 71 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 7114. Internship program
``The Secretary shall establish a competitive internship program
within the Department for the purpose of providing an opportunity for
high-achieving students at law schools accredited by the American Bar
Association to gain experience with the Board.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 71 of such title is amended by adding at the end the following
new item:
``7114. Internship program.''.
(c) Deadline.--The Secretary shall establish the internship program
required by section 7114 of such title, as added by subsection (a), not
later than one year after the date of the enactment of this Act.
SEC. 102. PILOT PROGRAM ON ESTABLISHMENT OF BOARD OF VETERANS' APPEALS
HONORS PROGRAM.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the Secretary shall establish a pilot program to
assess the feasibility and advisability of establishing a competitive
honors program within the Department for the purpose of recruiting
high-achieving law school students, recent law school graduates, and
entry-level attorneys for employment with the Board.
(b) Duration.--The Secretary shall carry out the pilot program
required by subsection (a) during the nine-year period beginning on the
date of the establishment of the pilot program.
(c) Honors Program.--
(1) In general.--Under the pilot program required by
subsection (a), the Secretary shall carry out a competitive
honors program as described in such subsection.
(2) Priority consideration.--The Secretary shall give
priority consideration in application for the honors program to
individuals who successfully complete the internship program
established under section 7114 of title 38, United States Code,
as added by section 101(a).
(3) Student loan repayment benefits.--
(A) In general.--The Secretary shall provide
student loan repayment benefits under section 5379 of
title 5, United States Code, to each participant in the
pilot program who is eligible for student loan
repayment benefits under such section.
(B) Bar costs.--In addition to student loan
repayment benefits under subparagraph (A), the
Secretary shall provide each participant in the pilot
program reimbursement for cost of--
(i) enrollment in a course designed to
prepare an individual for licensure to practice
law in a State; and
(ii) sitting for a bar examination in a
State.
(C) Agreements.--The Secretary shall enter into an
agreement with each participant in the pilot program
who will receive benefits described in subparagraph
(A), in accordance with such section.
(D) Commitment.--An agreement described in
subparagraph (C) shall include a requirement that the
participant will remain in the service of the
Department for a period of not less than three years,
unless involuntarily separated, in accordance with
subsection (c) of such section.
(4) Professional development activities.--
(A) Assignment of mentors.--Not later than 90 days
after the date on which an individual begins
participating in the pilot program required by
subsection (a), the Secretary shall assign the
participant a mentor who is a managerial employee of
the Department outside the participant's chain of
command.
(B) Assignments to office of general counsel.--
(i) In general.--The Secretary shall
provide each participant in the pilot program
at least one assignment within the Office of
General Counsel of the Department that includes
full-time legal responsibilities in order to
further the professional development of the
participant.
(ii) Period of assignment.--An assignment
provided under clause (i) shall be for a period
of not less than 120 days and not more than 180
days, or longer at the discretion of the
Secretary.
(C) Other rotational assignments.--
(i) In general.--The Secretary may provide
a participant in the pilot program one or more
other short-term rotational assignments.
(ii) Period of assignment.--An assignment
provided under clause (i) shall be for a period
of not less than 30 days and not more than 180
days, at the discretion of the Secretary.
(d) Periodic Reports.--
(1) Reports required.--Not later than three years after the
date on which the Secretary first accepts a participant into
the honors program carried out under subsection (c)(1) and not
less frequently than once every three years thereafter for the
duration of the pilot program, the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives
a report on the findings of the Secretary with respect to the
pilot program.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) The findings of the Secretary with respect to
the feasibility and advisability of establishing a
competitive honors program as described in subsection
(a).
(B) Such recommendations as the Secretary may have
for legislative or administrative action to improve
recruitment and retention of staff at the Board of
Veterans' Appeals.
(C) An accounting of the costs incurred by the
Federal Government in carrying out subsection (c).
(D) An assessment of the rates of retention of
participants in the pilot program compared to other
employees of the Board of Veterans' Appeals.
SEC. 103. REPORT ON IMPROVING ACCESS TO BOARD OF VETERANS' APPEALS
TELEHEARINGS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on improving access to
hearings before the Board of Veterans' Appeals held by picture and
voice transmission.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) Recommendations on the feasibility and advisability of
reimbursing veterans for expenses incurred for travel from the
home of a veteran to the location at which a hearing before the
Board of Veterans' Appeals is held by picture and voice
transmission, if the Secretary determines that travel to such
location is reasonably necessary for such a hearing.
(2) Recommendations on establishment of pilot programs to
assess the feasibility and advisability of using other methods
that could improve veteran access to hearings before the Board
of Veterans' Appeals held by picture and voice transmission
from a veteran's home.
(3) Such other recommendations to improve access to
hearings before the Board of Veterans' Appeals held by picture
and voice transmission as the Secretary may receive from
stakeholders.
TITLE II--MEDICAL DISABILITY EXAM MATTERS
SEC. 201. IMPROVING REQUIREMENT TO PUBLISH DISABILITY BENEFIT
QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS AFFAIRS.
Section 5101(d) of title 38, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``; and'' and
inserting ``, including (except as provided in paragraph
(4)(A))--
``(i) all disability benefit questionnaire forms
available to personnel of the Veterans Health
Administration and contracted personnel for the
completion of compensation and pension examinations;
and
``(ii) all factsheets available to such personnel
to inform completion of such examinations; and''; and
(2) by adding at the end the following new paragraph:
``(4)(A) The Secretary may exclude from publication under clauses
(i) and (ii) of paragraph (1)(A) any form described in subparagraph (B)
of this paragraph that the Secretary determines could not reasonably be
completed to a clinically acceptable standard by someone not an
employee or a contractor of the Department.
``(B) A form described in this subparagraph is a form that--
``(i) was in effect after January 1, 2020;
``(ii) is current; and
``(iii) has not been published under paragraph (1).
``(C) For each form excluded under subparagraph (A), the Secretary
shall--
``(i) list the form on the same internet website as the
forms published under paragraph (1)(A) with an indication that
the form has been excluded; and
``(ii) provide with such listing a justification for such
exclusion.''.
SEC. 202. REPORT ON IMPROVING MEDICAL DISABILITY EXAMINATIONS FOR
VETERANS WHO LIVE ABROAD.
Not later than one year after the date of the enactment of this
Act, the Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the efforts of the Secretary to provide
reimbursement for a veteran's travel to a Department facility or a
facility of a Department-contracted provider, regardless of whether the
facility is inside or outside the United States, when such travel is
incident to a scheduled compensation and pension examination.
SEC. 203. DEPARTMENT OF VETERANS AFFAIRS REQUIREMENT FOR COMMUNICATION
BY CONTRACTORS PROVIDING COVERED MEDICAL DISABILITY
EXAMINATIONS WITH PERSONS RECOGNIZED BY POWER OF ATTORNEY
FOR PREPARATION, PRESENTATION, AND PROSECUTION OF CLAIMS.
(a) In General.--In each contract entered into by the Secretary
after the date of the enactment of this Act for the provision by a
contractor of a covered medical disability examination, the Secretary
shall include a requirement that every communication from a contractor
to a veteran regarding the scheduling of a covered medical disability
examination be contemporaneously transmitted to the person recognized
by a power of attorney executed under sections 5902, 5903, and 5904 of
title 38, United States Code, for the preparation, presentation, and
prosecution of claims.
(b) Communication.--The Secretary shall provide each contractor
described in subsection (a) with contact information necessary to
comply with such subsection.
(c) Definition.--In this section, the term ``covered medical
disability examination'' means a medical examination that the Secretary
determines necessary for the purposes of adjudicating a benefit under
chapter 11 or 15 of title 38, United States Code.
SEC. 204. DEPARTMENT OF VETERANS AFFAIRS OUTREACH REGARDING CONTACT
INFORMATION FOR CONTRACTORS PROVIDING COVERED MEDICAL
DISABILITY EXAMINATIONS.
Not later than 120 days after the date of enactment of this Act,
the Secretary of Veterans Affairs shall, in partnership with veterans
service organizations and such other stakeholders as the Secretary
considers relevant and appropriate, implement an informative outreach
program for veterans regarding the following:
(1) Contact information for contractors providing covered
medical disability examinations, including the telephone
numbers from which such contractors may contact veterans.
(2) The requirement for veterans to provide personally
identifiable information when contacted by such contractors in
order to verify their identity.
TITLE III--OTHER MATTERS
SEC. 301. REPORT ON SUPPORTING GOVERNMENTAL VETERANS SERVICE OFFICERS.
(a) Report.--Not later than one year after the date of the
enactment of this Act and after consulting veterans service
organizations and such other stakeholders as the Secretary considers
relevant and appropriate, the Secretary shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on improving the
support by the Department of Veterans Affairs of governmental veterans
service officers.
(b) Elements.--The report submitted under subsection (a) shall
include the following:
(1) Enhanced access to systems.--An assessment of the
feasibility and current technical limitations of providing
governmental veterans service officers enhanced access to
certain Department systems to better serve veterans those
governmental service officers may not have authorization to
represent.
(2) Intergovernmental liaisons.--An assessment as to
whether the Department would benefit from the establishment or
designation of an office or working group within the Department
to serve as an intergovernmental liaison between the Department
and governmental veterans service officers.
(3) Other.--Any other recommendations to improve how the
Department monitors, coordinates with, or provides support to
governmental veterans service officers.
(c) Definitions.--In this section:
(1) Governmental veterans service officer.--The term
``governmental veterans service officer'' means an employee of
a State, county, municipal, or Tribal government--
(A) who is accredited by at least one veterans
service organization to serve as a veterans service
officer; and
(B) whose primary responsibilities include working
as such an officer.
(2) Veterans service organization.--The term ``veterans
service organization'' means an organization recognized by the
Secretary for the representation of veterans under section 5902
of title 38, United States Code.
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