[Congressional Record Volume 169, Number 150 (Monday, September 18, 2023)]
[House]
[Pages H4358-H4361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS BENEFITS IMPROVEMENT ACT OF 2023
Mr. BOST. Madam Speaker, I move to suspend the rules and pass 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1530
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 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
[[Page H4359]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Bost) and the gentleman from California (Mr. Takano) each
will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. BOST. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks on
H.R. 1530, as amended.
[[Page H4360]]
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 1530, as amended,
offered by my friend from Texas and our Subcommittee on Disability
Assistance and Memorial Affairs chairman, Representative Luttrell.
I also congratulate Representative Luttrell on this bill as it is his
first one to come before the floor since coming to Congress.
Now, this bill would make vitally important improvements to the VA's
disability claims process for veterans applying for benefits, and I am
grateful to my fellow veteran for his work on it.
It is no secret that the VA disability claims process is lengthy and
difficult, but Mr. Luttrell's bill is the right solution to modernize
the process, an example of which would be the requirement for VA to
publish disability benefits questionnaire forms on the VA's website to
ease access between veterans and providers completing disability
claims.
This is a commonsense change that honestly we should have done a long
time ago. This bill also includes Representative Ciscomani's
legislation to create a new internship program at the Board of
Veterans' Appeals. This program would offer certain incentives to legal
interns to get them into VA and fighting for veterans while also
addressing hiring and retention challenges at the board head on.
Lastly, this bill includes Representative Self's proposal to make
sure that the Court of Appeals for Veterans Claims has enough judges to
process the backlog of appeals and expected growth since the passage of
the PACT Act last year.
These commonsense solutions should help us make the claims process a
little easier to navigate for veterans and their families. It would
also provide the courts with the additional resources we know they need
to manage the workload coming in from the board.
Once again, I thank Representative Luttrell, Mr. Self, and Mr.
Ciscomani for their work on this legislation.
Madam Speaker, I urge my colleagues to support H.R. 1530, as amended,
and I reserve the balance of my time.
{time} 1630
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise to express my support for H.R. 1530, as
amended, the Veterans Benefits Improvement Act.
I thank the Disability Assistance and Memorial Affairs Subcommittee
Chairman Luttrell and Ranking Member Pappas for working in a bipartisan
manner on the issues in this package. I commend Representatives
Ciscomani and McGarvey for their contributions, as well.
Madam Speaker, this bill makes several important changes that will
serve to help streamline the medical disability exam process for
veterans.
It will also help strengthen recruitment, hiring, and retention at
the Board of Veterans' Appeals by creating a new internship program for
law students and will expand the reimbursement programs for current
employees to include student loans, professional development
activities, and bar dues.
This bill will also permanently expand the number of judges appointed
to the Court of Appeals for Veterans Claims, allowing the court to
process cases faster and grant veterans and survivors the relief they
deserve.
Madam Speaker, I support H.R. 1530, as amended, and I reserve the
balance of my time.
Mr. BOST. Madam Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Luttrell), the chairman of the DAMA Subcommittee.
Mr. LUTTRELL. Madam Speaker, I am honored to be here today to talk
about H.R. 1530, as amended, the Veterans Benefits Improvement Act of
2023.
We have an obligation to support our veterans who served and
sacrificed for our country. However, there is currently a lot of red
tape that prevents veterans from easily accessing the disability
benefits they have earned from the VA.
This bill takes important steps to identify and break down these
barriers in the disability exam process, ensuring our veterans receive
the highest quality care and support.
This bill would make several improvements, including clarifying
publishing requirements for disability benefits questionnaire forms on
VA's website and easing communication about the scheduling of
disability exams between contract examiners, veterans, and veterans'
representatives so that the veterans do not miss their appointments.
Madam Speaker, I thank Ranking Member Pappas and my colleagues,
Representatives Ciscomani and Self, for working with me to include
their respective legislation in this amendment. All of their provisions
will take steps to provide VA with the resources they need to address
the backlog of appeals, especially since the passage of the PACT Act
last year, as well as mitigate the recruiting and retention problems at
the board to get new lawyers in the door for our veterans.
I know firsthand how cumbersome the disability claims process can be,
and it is past time to modernize these efforts.
I am proud to have a bill on the floor that will make improvements
for my fellow veterans going through the VA claims process.
Madam Speaker, I urge all of my colleagues to support H.R. 1530, as
amended.
Mr. TAKANO. Madam Speaker, I yield 3 minutes to the gentleman from
New Hampshire (Mr. Pappas), my good friend, the ranking member of the
House Veterans Affairs' Subcommittee on Disability Assistance and
Memorial Affairs.
Mr. PAPPAS. Madam Speaker, I thank Ranking Member Takano for
yielding. I rise today in support of this bipartisan legislation, the
Veterans Benefits Improvement Act.
As ranking member of the Disability Assistance and Memorial Affairs
Subcommittee, I am honored to be able to partner with the subcommittee
chair, Mr. Luttrell, on this legislation. I thank him for working in a
bipartisan fashion to ensure that our veterans can access the benefits
and services that they are owed.
We all have a solemn obligation to ensure that the needs of veterans
are met. We know that too many of our heroes encounter red tape,
delays, and backlogs when trying to access benefits. My office has
spoken with countless veterans across New Hampshire who have had
trouble completing and filing disability benefits questionnaires due to
a lack of clear and timely communication.
Often, our office will step in when things go awry along the way and
advocate on their behalf with VA, but veterans shouldn't have to reach
out to yet another office just to navigate these processes, which are
all too complicated.
By improving transparency and accessibility for those filing a
disability claim, as well as communications between veterans, their
accredited representatives, and contractors, we can make sure that
veterans receive the support that they have earned.
As we see more veterans file claims as a result of the PACT Act, it
is so crucial that we have steps in place that are going to improve
these processes as soon as possible.
Madam Speaker, I urge all of my colleagues to support this
commonsense legislation, which will help reduce the VA claims backlog
and minimize delays that too many of our veterans are facing today.
Mr. TAKANO. Madam Speaker, I ask all of my colleagues to join me in
passing H.R. 1530, as amended, the Veterans Benefits Improvement Act,
and I yield back the balance of my time.
Mr. BOST. Madam Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Self).
Mr. SELF. Madam Speaker, I rise in support of the Veterans Benefits
Improvement Act.
This bill will streamline the veterans claims process through several
actions, including adding language from my bill, H.R. 1329, to add two
additional judges to the United States Court of Appeals for Veterans
Claims.
For decades, the Board of Veterans' Appeals has been maligned because
they cannot provide timely decisions to veterans who appeal their
cases. To
[[Page H4361]]
make matters worse, the court anticipates the caseload in FY 2023
increasing even more due to the amount of cases generated from the PACT
Act.
Quite simply, more cases before the board will lead to more denials,
and more denials will lead to more appeals. The rapid growth of appeals
will create an even larger backlog and leave veterans waiting longer
periods of time--potentially years--for their cases to be resolved.
Since the court's expansion from five to seven permanent judges in
2011, appeals that have been filed with the court have more than
doubled from just under 4,000 to just under 9,000 in 2020. Increasing
the number of judges will provide the court with an opportunity to
prevent a backlog and provide veterans with decisions in a timely
manner.
The addition of this language to the bill is endorsed by the court
itself.
Madam Speaker, I urge my colleagues to vote ``yes'' on H.R. 1530.
Mr. BOST. Madam Speaker, I yield 2 minutes to the gentleman from
Arizona (Mr. Ciscomani).
Mr. CISCOMANI. Madam Speaker, I thank Chairman Bost for yielding me
this time to speak in support of Representative Luttrell's bill, the
Veterans Benefits Improvement Act of 2023.
I am grateful that my bill, the Veterans' Appeals Backlog Improvement
Act, is included in this package. My bipartisan bill, which I
introduced with Congressman McGarvey, is aimed at reducing wait times
for our veterans with claims in front of the Board of Veterans'
Appeals.
For too many of our veterans, they are waiting weeks, months, and
sometimes even years to hear back. These delays create an incredible
hurdle for our veterans who are trying to get a potentially life-
changing decision.
While progress has been made in this area to older legacy VA appeals
from veterans, the backlog is only increasing with newer claims
stemming from the PACT Act.
Simply put, the Board of Veterans' Appeals, like all employers, is
having issues recruiting employees and does not have enough staff to
process the volume of cases. To address this shortage, my bill would
create an internship program for law students at the Board of Veterans'
Appeals. Additionally, it would create a 9-year pilot honors program at
the VA for recruiting entry-level attorneys to work at the Board of
Veterans' Appeals.
This bill makes major strides in improving and addressing the backlog
and delays that our veterans see far too often and will help recruit
much-needed staff.
Madam Speaker, I look forward to supporting this legislation and
swift passage on the House floor.
Mr. BOST. Madam Speaker, I encourage all Members to support this
legislation, and I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise as a strong supporter of H.R.
1530, the Veterans Benefits Improvement Act of 2023, which, among other
things, would amend title 38 of the United States Code to improve the
requirement to publish disability benefit questionnaire forms of
Department of Veterans Affairs.
Veterans are some of America's most valued members of society.
These are people who served our nation in a time of need, people who
risked their lives to protect our country.
Yet, it pains me to say that many of these same veterans who fought
so bravely and risked so much in lands abroad have come back to their
nation and have limited access to veterans' outreach programs,
particularly in areas with large concentration of veterans.
There are approximately 18.5 million veterans in the United States.
Of those veterans, 1.5 million reside in Texas--the largest veteran
population of any state.
This legislation is necessary because veterans have special needs
that are unique from those faced by the rest of the population.
In 2015, I was proud to introduce the H.E.R.O.E.S. Act, which offers
assistance and materials to help veterans transition from the
battlefield to the workplace.
The Veterans Benefits Improvement Act of 2023 is a step closer
towards building a smooth transition for our nation's heroes.
H.R. 1530 helps to address the shortcomings in veteran assistance by
increasing and extending assistance programs as well as scholarships
through the Department of Veterans Affairs.
The Veterans Benefits Improvement Act of 2023 holds the Secretary of
Veterans Affairs responsible to improve its support of veterans through
outreach; reimbursement for medical disability-related travel;
professional development activities; and access to Board of Veterans'
Appeals telehearings.
This comprehensive program is needed if we are to fight this scourge
that is a blight upon our nation.
Our nation's veterans did not risk their lives abroad so that they
could come home and not receive the support and benefits they so
desperately need.
We must all have outrage that so many of our nation's veterans live
without critical support services; we must continue to proactively find
ways to correct this injustice.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Bost) that the House suspend the rules and
pass the bill, H.R. 1530, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BOST. Madam Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
____________________