S. 2513 — what changed
Veterans Benefits Improvement Act of 2024
From Introduced in Senate to Engrossed in Senate. 2 sections amended, 6 added, and 8 removed between Introduced in Senate and Engrossed in Senate.
Section 1 Short title; table of contents
added This Act may be cited as the “Veterans Benefits Improvement Act of 2024”.
removed
Short title— This Act may be cited as the “Veterans Benefits Improvement Act of 2023”.
removed
Table of contents— The table of contents for this Act is as follows:
Sec. 2 Improvement of publication of Department of Veterans Affairs disability benefit questionnaire forms
changed
In this Act:Section 5101 of title 38, United States Code, is amended—
changed
Claimant— The term claimant has the meaning given that term in section 5100 of title 38, United States Code.subsection (d)—
added
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
added
by adding at the end the following new paragraph:
added “(4)
added “(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.
added “(B) A form described in this subparagraph is a form that—
added “(i) was available or in use at any time after the date of the enactment of the Veterans Benefits Improvement Act of 2024; and
added “(ii) has not been published under paragraph (1).
added “(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.”
changed
Department— The term Department means in subsection (e), by adding at the Department of Veterans Affairs.end the following new paragraph:
added “(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.”
removed
Secretary— The term Secretary means the Secretary of Veterans Affairs.
Sec. 101 Board of Veterans' Appeals internship program
removed
removed
In general— Chapter 71 of title 38, United States Code, is amended by adding at the end the following new section:
removed
“7114. Internship program
removed
“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.”
removed
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:
removed
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
removed
removed
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.
removed
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.
removed
Honors program—
removed
In general— Under the pilot program required by subsection (a), the Secretary shall carry out a competitive honors program as described in such subsection.
removed
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).
removed
Student loan repayment benefits—
removed
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.
removed
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—
removed
enrollment in a course designed to prepare an individual for licensure to practice law in a State; and
removed
sitting for a bar examination in a State.
removed
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.
removed
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.
removed
Professional development activities—
removed
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.
removed
Assignments to Office of General Counsel—
removed
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.
removed
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.
removed
Other rotational assignments—
removed
In general— The Secretary may provide a participant in the pilot program one or more other short-term rotational assignments.
removed
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.
removed
Periodic reports—
removed
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.
removed
Contents— Each report submitted under paragraph (1) shall include the following:
removed
The findings of the Secretary with respect to the feasibility and advisability of establishing a competitive honors program as described in subsection (a).
removed
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.
removed
An accounting of the costs incurred by the Federal Government in carrying out subsection (c).
removed
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
removed
removed
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.
removed
Contents— The report required by subsection (a) shall include the following:
removed
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.
removed
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.
removed
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.
Sec. 201 Improving requirement to publish disability benefit questionnaire forms of Department of Veterans Affairs
removed
removed
Section 5101(d) of title 38, United States Code, is amended—
removed
in paragraph (1)(A), by striking “; and” and inserting “, including (except as provided in paragraph (4)(A))—
removed
“(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
removed
“(ii) all factsheets available to such personnel to inform completion of such examinations; and”
removed
by adding at the end the following new paragraph:
removed
“(4)
removed
“(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.
removed
“(B) A form described in this subparagraph is a form that—
removed
“(i) was in effect after January 1, 2020;
removed
“(ii) is current; and
removed
“(iii) has not been published under paragraph (1).
removed
“(C) For each form excluded under subparagraph (A), the Secretary shall—
removed
“(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
removed
“(ii) provide with such listing a justification for such exclusion.”
Sec. 202 Report on improving medical disability examinations for veterans who live abroad
removed
removed
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
removed
removed
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.
removed
Communication— The Secretary shall provide each contractor described in subsection (a) with contact information necessary to comply with such subsection.
removed
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
removed
removed
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:
removed
Contact information for contractors providing covered medical disability examinations, including the telephone numbers from which such contractors may contact veterans.
removed
The requirement for veterans to provide personally identifiable information when contacted by such contractors in order to verify their identity.
Sec. 301 Report on supporting governmental veterans service officers
removed
removed
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.
removed
Elements— The report submitted under subsection (a) shall include the following:
removed
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.
removed
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.
removed
Other— Any other recommendations to improve how the Department monitors, coordinates with, or provides support to governmental veterans service officers.
removed
Definitions— In this section:
removed
Governmental veterans service officer— The term governmental veterans service officer means an employee of a State, county, municipal, or Tribal government—
removed
who is accredited by at least one veterans service organization to serve as a veterans service officer; and
removed
whose primary responsibilities include working as such an officer.
removed
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.
Sec. 3 Improvement of provision of medical disability examinations by contractors
added
added
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.
added
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—
added
designated by the applicant by a power of attorney filed with the Secretary; and
added
recognized under sections 5902, 5903, and 5904 of title 38, United States Code, for the preparation, presentation, and prosecution of claims.
added
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:
added
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.
added
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.
added
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
added
added
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.
added
Elements— The report submitted under subsection (a) shall include the following:
added
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.
added
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.
added
Any other recommendations to improve how the Department monitors, coordinates with, or provides support to covered governmental veterans service officers.
added
Definitions— In this section:
added
The term covered governmental veterans service officer means an employee of a State, county, municipal, or Tribal government—
added
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
added
whose primary responsibilities include preparing, presenting, and prosecuting before the Department of Veterans Affairs claims for benefits under laws administered by the Secretary.
added
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
added
added
In general— Chapter 71 of title 38, United States Code, is amended by adding at the end the following new section:
added “7114. Internship program
added “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.”
added
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:
added
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
added
added
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.
added
Benefits: student loan repayment; reimbursements—
added
In general— Subject to an agreement under paragraph (2), the Secretary shall provide to each covered attorney—
added
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
added
reimbursement for the cost of—
added
enrollment in a course designed to prepare an individual for licensure to practice law in a State;
added
sitting for a bar examination in a State; and
added
annual dues required to maintain membership in the bar of any State.
added
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—
added
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
added
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).
added
Professional development activities—
added
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—
added
to the extent practicable, a managerial employee; and
added
outside the participant's chain of command.
added
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:
added
The Office of General Counsel, in a position—
added
that includes full-time legal responsibilities in order to further the professional development of the covered participant; and
added
for a period of not less than 120 days and not more than 180 days, or longer at the discretion of the Secretary.
added
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.
added
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.
added
Periodic reports—
added
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.
added
Elements— Each report submitted under paragraph (1) shall include the following elements:
added
Costs to the United States to provide benefits under subsection (b).
added
The rates of retention of covered participants compared to other employees of the Department.
added
Recommendations of the Secretary regarding legislative or administrative action to improve such program.
added
Definitions— In this section:
added
The term “covered attorney” means an individual who—
added
is a covered participant;
added
has graduated from a law school accredited by the American Bar Association; and
added
is a member in good standing of the bar of a State.
added
The term “covered participant” means an individual who participates in—
added
the Honors Attorney Program (or successor program) of the Office of General Counsel of the Department of Veterans Affairs; or
added
the Law Clerk Program (or successor program) of the Board of Veterans’ Appeals.
added
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
addedadded Section 7253(i) of title 38, United States Code, is amended—
added
in paragraph (1)—
added
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
added
by adding at the end the following new subparagraph:
added “(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.”
added
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
added
added
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.
added
Contents— The report required by subsection (a) shall include the following:
added
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.
added
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.
added
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.