II 

117TH CONGRESS 

1ST SESSION S. 3388 

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 

DECEMBER 14, 2021 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Veterans Benefits Improvement Act of 2021’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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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. 302. Electronic notification of decisions and other electronic communications. 

Sec. 303. Facilitating Department of Veterans Affairs contractor access to Federal tax return information necessary for claims processing. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CLAIMANT.—The term ‘‘claimant’’ has the 

4 meaning given that term in section 5100 of title 38, 

5 United States Code. 

6 (2) DEPARTMENT.—The term ‘‘Department’’ 

7 means the Department of Veterans Affairs. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Veterans Affairs. 


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1 TITLE I—BOARD OF VETERANS’ 

2 APPEALS MATTERS 

3 SEC. 101. BOARD OF VETERANS’ APPEALS INTERNSHIP 

4 PROGRAM. 

5 (a) IN GENERAL.—Chapter 71 of title 38, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 7114. Internship program 

9 ‘‘The Secretary shall establish a competitive intern10 ship program within the Department for the purpose of 

11 providing an opportunity for high-achieving students at 

12 law schools accredited by the American Bar Association 

13 to gain experience with the Board.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 71 of such title is amended 

16 by adding at the end the following new item: 

‘‘7114. Internship program.’’. 

17 (c) DEADLINE.—The Secretary shall establish the in18 ternship program required by section 7114 of such title, 

19 as added by subsection (a), not later than one year after 

20 the date of the enactment of this Act. 

21 SEC. 102. PILOT PROGRAM ON ESTABLISHMENT OF BOARD 

22 OF VETERANS’ APPEALS HONORS PROGRAM. 

23 (a) ESTABLISHMENT.—Not later than one year after 

24 the date of the enactment of this Act, the Secretary shall 


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1 establish a pilot program to assess the feasibility and ad2 visability of establishing a competitive honors program 

3 within the Department for the purpose of recruiting high4 achieving law school students, recent law school graduates, 

5 and entry-level attorneys for employment with the Board. 

6 (b) DURATION.—The Secretary shall carry out the 

7 pilot program required by subsection (a) during the nine8 year period beginning on the date of the establishment of 

9 the pilot program. 

10 (c) HONORS PROGRAM.— 

11 (1) IN GENERAL.—Under the pilot program re12 quired by subsection (a), the Secretary shall carry 

13 out a competitive honors program as described in 

14 such subsection. 

15 (2) PRIORITY CONSIDERATION.—The Secretary 

16 shall give priority consideration in application for 

17 the honors program to individuals who successfully 

18 complete the internship program established under 

19 section 7114 of title 38, United States Code, as 

20 added by section 101(a). 

21 (3) STUDENT LOAN REPAYMENT BENEFITS.— 

22 (A) IN GENERAL.—The Secretary shall 

23 provide student loan repayment benefits under 

24 section 5379 of title 5, United States Code, to 

25 each participant in the pilot program who is eliVerDate Sep 11 2014 05:26 Dec 16, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3388.IS S3388

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1 gible for student loan repayment benefits under 

2 such section. 

3 (B) AGREEMENTS.—The Secretary shall 

4 enter into an agreement with each participant 

5 in the pilot program who will receive benefits 

6 described in subparagraph (A), in accordance 

7 with such section. 

8 (C) COMMITMENT.—An agreement de9 scribed in subparagraph (B) shall include a re10 quirement that the participant will remain in 

11 the service of the Department for a period of 

12 not less than three years, unless involuntarily 

13 separated, in accordance with subsection (c) of 

14 such section. 

15 (4) PROFESSIONAL DEVELOPMENT ACTIVI16 TIES.— 

17 (A) ASSIGNMENT OF MENTORS.—Not later 

18 than 90 days after the date on which an indi19 vidual begins participating in the pilot program 

20 required by subsection (a), the Secretary shall 

21 assign the participant a mentor who is a mana22 gerial employee of the Department outside the 

23 participant’s chain of command. 

24 (B) ASSIGNMENTS TO OFFICE OF GENERAL

25 COUNSEL.— 


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1 (i) IN GENERAL.—The Secretary shall 

2 provide each participant in the pilot pro3 gram at least one assignment within the 

4 Office of General Counsel of the Depart5 ment that includes full-time legal respon6 sibilities in order to further the profes7 sional development of the participant. 

8 (ii) PERIOD OF ASSIGNMENT.—An as9 signment provided under clause (i) shall be 

10 for a period of not less than 120 days and 

11 not more than 180 days, or longer at the 

12 discretion of the Secretary. 

13 (C) OTHER ROTATIONAL ASSIGNMENTS.— 

14 (i) IN GENERAL.—The Secretary may 

15 provide a participant in the pilot program 

16 one or more other short-term rotational as17 signments. 

18 (ii) PERIOD OF ASSIGNMENT.—An as19 signment provided under clause (i) shall be 

20 for a period of not less than 30 days and 

21 not more than 180 days, at the discretion 

22 of the Secretary. 

23 (d) PERIODIC REPORTS.— 

24 (1) REPORTS REQUIRED.—Not later than three 

25 years after the date on which the Secretary first acVerDate Sep 11 2014 05:26 Dec 16, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3388.IS S3388

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1 cepts a participant into the honors program carried 

2 out under subsection (c)(1) and not less frequently 

3 than once every three years thereafter for the dura4 tion of the pilot program, the Secretary shall submit 

5 to the Committee on Veterans’ Affairs of the Senate 

6 and the Committee on Veterans’ Affairs of the 

7 House of Representatives a report on the findings of 

8 the Secretary with respect to the pilot program. 

9 (2) CONTENTS.—Each report submitted under 

10 paragraph (1) shall include the following: 

11 (A) The findings of the Secretary with re12 spect to the feasibility and advisability of estab13 lishing a competitive honors program as de14 scribed in subsection (a). 

15 (B) Such recommendations as the Sec16 retary may have for legislative or administrative 

17 action to improve recruitment and retention of 

18 staff at the Board of Veterans’ Appeals. 

19 SEC. 103. REPORT ON IMPROVING ACCESS TO BOARD OF 

20 VETERANS’ APPEALS TELEHEARINGS. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, the Secretary shall sub23 mit to the Committee on Veterans’ Affairs of the Senate 

24 and the Committee on Veterans’ Affairs of the House of 

25 Representatives a report on improving access to hearings 


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1 before the Board of Veterans’ Appeals held by picture and 

2 voice transmission. 

3 (b) CONTENTS.—The report required by subsection 

4 (a) shall include the following: 

5 (1) Recommendations on the feasibility and ad6 visability of reimbursing veterans for expenses in7 curred for travel from the home of a veteran to the 

8 location at which a hearing before the Board of Vet9 erans’ Appeals is held by picture and voice trans10 mission, if the Secretary determines that travel to 

11 such location is reasonably necessary for such a 

12 hearing. 

13 (2) Recommendations on establishment of pilot 

14 programs to assess the feasibility and advisability of 

15 using other methods that could improve veteran ac16 cess to hearings before the Board of Veterans’ Ap17 peals held by picture and voice transmission from a 

18 veteran’s home. 

19 (3) Such other recommendations to improve ac20 cess to hearings before the Board of Veterans’ Ap21 peals held by picture and voice transmission as the 

22 Secretary may receive from stakeholders. 


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1 TITLE II—MEDICAL DISABILITY 

2 EXAM MATTERS 

3 SEC. 201. IMPROVING REQUIREMENT TO PUBLISH DIS4 ABILITY BENEFIT QUESTIONNAIRE FORMS 

5 OF DEPARTMENT OF VETERANS AFFAIRS. 

6 Section 5101(d) of title 38, United States Code, is 

7 amended— 

8 (1) in paragraph (1)(A), by striking ‘‘; and’’ 

9 and inserting ‘‘, including (except as provided in 

10 paragraph (4)(A))— 

11 ‘‘(i) all disability benefit questionnaire 

12 forms available to personnel of the Veterans 

13 Health Administration and contracted per14 sonnel for the completion of compensation and 

15 pension examinations; and 

16 ‘‘(ii) all factsheets available to such per17 sonnel to inform completion of such examina18 tions; and’’; and 

19 (2) by adding at the end the following new 

20 paragraph: 

21 ‘‘(4)(A) The Secretary may exclude from publication 

22 under clauses (i) and (ii) of paragraph (1)(A) any form 

23 described in subparagraph (B) of this paragraph that the 

24 Secretary determines could not reasonably be completed 


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1 to a clinically acceptable standard by someone not an em2 ployee or a contractor of the Department. 

3 ‘‘(B) A form described in this subparagraph is a form 

4 that— 

5 ‘‘(i) was in effect after January 1, 2020; and 

6 ‘‘(ii) has not been published under paragraph 

7 (1). 

8 ‘‘(C) For each form excluded under subparagraph 

9 (A), the Secretary shall— 

10 ‘‘(i) list the form on the same internet website 

11 as the forms published under paragraph (1)(A) with 

12 an indication that the form has been excluded; and 

13 ‘‘(ii) provide with such listing a justification for 

14 such exclusion.’’. 

15 SEC. 202. REPORT ON IMPROVING MEDICAL DISABILITY EX16 AMINATIONS FOR VETERANS WHO LIVE 

17 ABROAD. 

18 Not later than one year after the date of the enact19 ment of this Act, the Secretary shall submit to the Com20 mittee on Veterans’ Affairs of the Senate and the Com21 mittee on Veterans’ Affairs of the House of Representa22 tives a report on the efforts of the Secretary to provide 

23 reimbursement for a veteran’s travel to a Department fa24 cility or a facility of a Department-contracted provider, re25 gardless of whether the facility is inside or outside the 


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1 United States, when such travel is incident to a scheduled 

2 compensation and pension examination. 

3 SEC. 203. DEPARTMENT OF VETERANS AFFAIRS REQUIRE4 MENT FOR COMMUNICATION BY CONTRAC5 TORS PROVIDING COVERED MEDICAL DIS6 ABILITY EXAMINATIONS WITH PERSONS REC7 OGNIZED BY POWER OF ATTORNEY FOR 

8 PREPARATION, PRESENTATION, AND PROS9 ECUTION OF CLAIMS. 

10 (a) IN GENERAL.—In each contract entered into by 

11 the Secretary after the date of the enactment of this Act 

12 for the provision by a contractor of a covered medical dis13 ability examination, the Secretary shall include a require14 ment that every communication from a contractor to a vet15 eran regarding the scheduling of a covered medical dis16 ability examination be contemporaneously transmitted to 

17 the person recognized by a power of attorney executed 

18 under sections 5902, 5903, and 5904 of title 38, United 

19 States Code, for the preparation, presentation, and pros20 ecution of claims. 

21 (b) DEFINITION.—In this section, the term ‘‘covered 

22 medical disability examination’’ means a medical examina23 tion that the Secretary determines necessary for the pur24 poses of adjudicating a benefit under chapter 11 or 15 

25 of title 38, United States Code. 


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1 SEC. 204. DEPARTMENT OF VETERANS AFFAIRS OUTREACH 

2 REGARDING CONTACT INFORMATION FOR 

3 CONTRACTORS PROVIDING COVERED MED4 ICAL DISABILITY EXAMINATIONS. 

5 Not later than 120 days after the date of enactment 

6 of this Act, the Secretary of Veterans Affairs shall, in 

7 partnership with veterans service organizations and such 

8 other stakeholders as the Secretary considers relevant and 

9 appropriate, implement an informative outreach program 

10 for veterans regarding the following: 

11 (1) Contact information for contractors pro12 viding covered medical disability examinations, in13 cluding the telephone numbers from which such con14 tractors may contact veterans. 

15 (2) The requirement for veterans to provide 

16 personally identifiable information when contacted 

17 by such contractors in order to verify their identity. 

18 TITLE III—OTHER MATTERS 

19 SEC. 301. REPORT ON SUPPORTING GOVERNMENTAL VET20 ERANS SERVICE OFFICERS. 

21 (a) REPORT.—Not later than one year after the date 

22 of the enactment of this Act and after consulting veterans 

23 service organizations and such other stakeholders as the 

24 Secretary considers relevant and appropriate, the Sec25 retary shall submit to the Committee on Veterans’ Affairs 

26 of the Senate and the Committee on Veterans’ Affairs of 


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1 the House of Representatives a report on improving the 

2 support by the Department of Veterans Affairs of govern3 mental veterans service officers. 

4 (b) ELEMENTS.—The report submitted under sub5 section (a) shall include the following: 

6 (1) ENHANCED ACCESS TO SYSTEMS.—An as7 sessment of the feasibility and current technical limi8 tations of providing governmental veterans service 

9 officers enhanced access to certain Department sys10 tems to better serve veterans those governmental 

11 service officers may not have authorization to rep12 resent. 

13 (2) INTERGOVERNMENTAL LIAISONS.—An as14 sessment as to whether the Department would ben15 efit from the establishment or designation of an of16 fice or working group within the Department to 

17 serve as an intergovernmental liaison between the 

18 Department and governmental veterans service offi19 cers. 

20 (3) OTHER.—Any other recommendations to 

21 improve how the Department monitors, coordinates 

22 with, or provides support to governmental veterans 

23 service officers. 

24 (c) DEFINITIONS.—In this section: 


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1 (1) GOVERNMENTAL VETERANS SERVICE OFFI2 CER.—The term ‘‘governmental veterans service offi3 cer’’ means an employee of a State, county, munic4 ipal, or Tribal government— 

5 (A) who is accredited by at least one vet6 erans service organization to serve as a veterans 

7 service officer; and 

8 (B) whose primary responsibilities include 

9 working as such an officer. 

10 (2) VETERANS SERVICE ORGANIZATION.—The 

11 term ‘‘veterans service organization’’ means an orga12 nization recognized by the Secretary for the rep13 resentation of veterans under section 5902 of title 

14 38, United States Code. 

15 SEC. 302. ELECTRONIC NOTIFICATION OF DECISIONS AND 

16 OTHER ELECTRONIC COMMUNICATIONS. 

17 (a) NOTICE DEFINED.—Section 5100 of title 38, 

18 United States Code, is amended— 

19 (1) in the section heading, by striking ‘‘Defi20 nition of ‘‘claimant’’’’ and inserting ‘‘Defini21 tions’’’’; 

22 (2) by striking ‘‘this chapter, the term’’ and in23 serting ‘‘this chapter: 

24 ‘‘(1) The term’’; and 


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1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) The term ‘notice’ means a communication 

4 delivered through a method determined appropriate 

5 by the Secretary, which may include electronic noti6 fication in accordance with section 5104(c) of this 

7 title.’’. 

8 (b) NOTICE OF DECISIONS OF SECRETARY OF VET9 ERANS AFFAIRS REGARDING BENEFITS.—Section 5104 of 

10 such title is amended by adding at the end the following 

11 new subsection: 

12 ‘‘(c)(1) The Secretary may provide notice to a person 

13 under subsection (a) of this section and under section 

14 7104(e) of this title electronically, but only after the per15 son affirmatively consents to electronic notification for all 

16 decisions requiring notice under this section, including sec17 tion 7104 of this title. 

18 ‘‘(2)(A) A person may revoke consent to electronic 

19 notification under paragraph (1) at any time by informing 

20 the Secretary of such revocation. 

21 ‘‘(B) A revocation under this paragraph is effective 

22 upon a person’s submission of such revocation, whether 

23 by electronic means or by mail. 

24 ‘‘(3) The Secretary shall, on an annual basis— 


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1 ‘‘(A) solicit input from stakeholders for rec2 ommendations to improve how the Department 

3 issues notifications under this section, including sec4 tion 7104 of this title; and 

5 ‘‘(B) publicly publish responses to such input 

6 on a website of the Department.’’. 

7 (c) NOTICE OF HIGHER-LEVEL REVIEW DECISION

8 BY AGENCY OF ORIGINAL JURISDICTION.—Section 

9 5104B(c) of such title is amended by striking ‘‘in writing’’ 

10 and inserting ‘‘to the claimant and the claimant’s rep11 resentative’’. 

12 (d) NOTICE OF DECISIONS BY BOARD OF VETERANS’ 

13 APPEALS.—Section 7104 of such title is amended by strik14 ing subsection (e) and inserting the following: 

15 ‘‘(e) Subject to section 5104(c) of this title, after 

16 reaching a decision on a case, the Board shall promptly 

17 provide notice (as that term is defined in section 5100 of 

18 this title) of such decision to the following: 

19 ‘‘(1) The claimant. 

20 ‘‘(2) Any other party with a right to notice of 

21 such decision. 

22 ‘‘(3) Any authorized representative of the appel23 lant or party described in subparagraph (B).’’. 


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1 (e) NOTICE OF DISAGREEMENT.—Section 

2 7105(b)(1)(A) of such title is amended by striking ‘‘mail3 ing’’ and inserting ‘‘provision’’. 

4 SEC. 303. FACILITATING DEPARTMENT OF VETERANS AF5 FAIRS CONTRACTOR ACCESS TO FEDERAL 

6 TAX RETURN INFORMATION NECESSARY FOR 

7 CLAIMS PROCESSING. 

8 (a) IN GENERAL.—Section 6103(l)(7) of the Internal 

9 Revenue Code of 1986 is amended by adding at the end 

10 the following new subparagraph: 

11 ‘‘(E) REDISCLOSURES.— 

12 ‘‘(i) IN GENERAL.—Officers and em13 ployees of the Department of Veterans Af14 fairs who are specifically designated by the 

15 Secretary of Veterans Affairs may redis16 close return information described in sub17 paragraphs (A) and (B) to contractors of 

18 such Department administering (or assist19 ing in administering) a program listed in 

20 subparagraph (D)(viii). 

21 ‘‘(ii) RESTRICTIONS ON USE OF IN22 FORMATION.—Information disclosed under 

23 this subparagraph shall be disclosed only 

24 for purposes of, and to the extent nec25 essary in, determining eligibility for, or the 


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1 correct amount of, benefits under a pro2 gram listed in subparagraph (D)(viii).’’. 

3 (b) CONFORMING AMENDMENT.—Section 6103(a)(3) 

4 of such Code is amended by inserting ‘‘(7)(E),’’ after 

5 ‘‘(6),’’. 

6 (c) SAFEGUARDS.—Section 6103(p)(4) of such Code 

7 is amended by striking ‘‘subsection (l)(10)’’ each place it 

8 appears and inserting ‘‘subsection (l)(7), (10)’’. 

Æ 


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