117TH CONGRESS 

2D SESSION S. 3388 

AN ACT 

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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 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. 302. Facilitating Department of Veterans Affairs contractor access to federal tax return information necessary for claims processing. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

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

10 United States Code. 

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

12 means the Department of Veterans Affairs. 
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Veterans Affairs. 

3 TITLE I—BOARD OF VETERANS’ 

4 APPEALS MATTERS 

5 SEC. 101. BOARD OF VETERANS’ APPEALS INTERNSHIP 

6 PROGRAM. 

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

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 7114. Internship program 

11 ‘‘The Secretary shall establish a competitive intern12 ship program within the Department for the purpose of 

13 providing an opportunity for high-achieving students at 

14 law schools accredited by the American Bar Association 

15 to gain experience with the Board.’’. 

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

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

18 by adding at the end the following new item: 

‘‘7114. Internship program.’’. 

19 (c) DEADLINE.—The Secretary shall establish the in20 ternship program required by section 7114 of such title, 

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

22 the date of the enactment of this Act. 
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1 SEC. 102. PILOT PROGRAM ON ESTABLISHMENT OF BOARD 

2 OF VETERANS’ APPEALS HONORS PROGRAM. 

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

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

5 establish a pilot program to assess the feasibility and ad6 visability of establishing a competitive honors program 

7 within the Department for the purpose of recruiting high8 achieving law school students, recent law school graduates, 

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

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

11 pilot program required by subsection (a) during the nine12 year period beginning on the date of the establishment of 

13 the pilot program. 

14 (c) HONORS PROGRAM.— 

15 (1) IN GENERAL.—Under the pilot program re16 quired by subsection (a), the Secretary shall carry 

17 out a competitive honors program as described in 

18 such subsection. 

19 (2) PRIORITY CONSIDERATION.—The Secretary 

20 shall give priority consideration in application for 

21 the honors program to individuals who successfully 

22 complete the internship program established under 

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

24 added by section 101(a). 

25 (3) STUDENT LOAN REPAYMENT BENEFITS.— 
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1 (A) IN GENERAL.—The Secretary shall 

2 provide student loan repayment benefits under 

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

4 each participant in the pilot program who is eli5 gible for student loan repayment benefits under 

6 such section. 

7 (B) AGREEMENTS.—The Secretary shall 

8 enter into an agreement with each participant 

9 in the pilot program who will receive benefits 

10 described in subparagraph (A), in accordance 

11 with such section. 

12 (C) COMMITMENT.— An agreement de13 scribed in subparagraph (B) shall include a re14 quirement that the participant will remain in 

15 the service of the Department for a period of 

16 not less than three years, unless involuntarily 

17 separated, in accordance with subsection (c) of 

18 such section. 

19 (4) PROFESSIONAL DEVELOPMENT ACTIVI20 TIES.— 

21 (A) ASSIGNMENT OF MENTORS.—Not later 

22 than 90 days after the date on which an indi23 vidual begins participating in the pilot program 

24 required by subsection (a), the Secretary shall 

25 assign the participant a mentor who is a mana-
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1 gerial employee of the Department outside the 

2 participant’s chain of command. 

3 (B) ASSIGNMENTS TO OFFICE OF GENERAL

4 COUNSEL.— 

5 (i) IN GENERAL.—The Secretary shall 

6 provide each participant in the pilot pro7 gram at least one assignment within the 

8 Office of General Counsel of the Depart9 ment that includes full-time legal respon10 sibilities in order to further the profes11 sional development of the participant. 

12 (ii) PERIOD OF ASSIGNMENT.—An as13 signment provided under clause (i) shall be 

14 for a period of not less than 120 days and 

15 not more than 180 days, or longer at the 

16 discretion of the Secretary. 

17 (C) OTHER ROTATIONAL ASSIGNMENTS.— 

18 (i) IN GENERAL.—The Secretary may 

19 provide a participant in the pilot program 

20 one or more other short-term rotational as21 signments. 

22 (ii) PERIOD OF ASSIGNMENT.—An as23 signment provided under clause (i) shall be 

24 for a period of not less than 30 days and 
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1 not more than 180 days, at the discretion 

2 of the Secretary. 

3 (d) PERIODIC REPORTS.— 

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

5 years after the date on which the Secretary first ac6 cepts a participant into the honors program carried 

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

8 than once every three years thereafter for the dura9 tion of the pilot program, the Secretary shall submit 

10 to the Committee on Veterans’ Affairs of the Senate 

11 and the Committee on Veterans’ Affairs of the 

12 House of Representatives a report on the findings of 

13 the Secretary with respect to the pilot program. 

14 (2) CONTENTS.—Each report submitted under 

15 paragraph (1) shall include the following: 

16 (A) The findings of the Secretary with re17 spect to the feasibility and advisability of estab18 lishing a competitive honors program as de19 scribed in subsection (a). 

20 (B) Such recommendations as the Sec21 retary may have for legislative or administrative 

22 action to improve recruitment and retention of 

23 staff at the Board of Veterans’ Appeals. 
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1 SEC. 103. REPORT ON IMPROVING ACCESS TO BOARD OF 

2 VETERANS’ APPEALS TELEHEARINGS. 

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

4 date of the enactment of this Act, the Secretary shall sub5 mit to the Committee on Veterans’ Affairs of the Senate 

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

7 Representatives a report on improving access to hearings 

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

9 voice transmission. 

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

11 (a) shall include the following: 

12 (1) Recommendations on the feasibility and ad13 visability of reimbursing veterans for expenses in14 curred for travel from the home of a veteran to the 

15 location at which a hearing before the Board of Vet16 erans’ Appeals is held by picture and voice trans17 mission, if the Secretary determines that travel to 

18 such location is reasonably necessary for such a 

19 hearing; 

20 (2) Recommendations on establishment of pilot 

21 programs to assess the feasibility and advisability of 

22 using other methods that could improve veteran ac23 cess to hearings before the Board of Veterans’ Ap24 peals held by picture and voice transmission from a 

25 veteran’s home. 
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1 (3) Such other recommendations to improve ac2 cess to hearings before the Board of Veterans’ Ap3 peals held by picture and voice transmission as the 

4 Secretary may receive from stakeholders. 

5 TITLE II—MEDICAL DISABILITY 

6 EXAM MATTERS 

7 SEC. 201. IMPROVING REQUIREMENT TO PUBLISH DIS8 ABILITY BENEFIT QUESTIONNAIRE FORMS 

9 OF DEPARTMENT OF VETERANS AFFAIRS. 

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

11 amended— 

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

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

14 paragraph (4)(A))— 

15 ‘‘(i) all disability benefit questionnaire 

16 forms available to personnel of the Veterans 

17 Health Administration and contracted per18 sonnel for the completion of compensation and 

19 pension examinations; and 

20 ‘‘(ii) all factsheets available to such per21 sonnel to inform completion of such examina22 tions; and’’; and 

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

24 paragraph: 
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1 ‘‘(4)(A) The Secretary may exclude from publication 

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

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

4 Secretary determines could not reasonably be completed 

5 to a clinically acceptable standard by someone not an em6 ployee or a contractor of the Department. 

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

8 that— 

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

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

11 (1). 

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

13 (A), the Secretary shall— 

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

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

16 an indication that the form has been excluded; and 

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

18 such exclusion.’’. 

19 SEC. 202. REPORT ON IMPROVING MEDICAL DISABILITY EX20 AMINATIONS FOR VETERANS WHO LIVE 

21 ABROAD. 

22 Not later than one year after the date of the enact23 ment of this Act, the Secretary shall submit to the Com24 mittee on Veterans’ Affairs of the Senate and the Com25 mittee on Veterans’ Affairs of the House of Representa-
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1 tives a report on the efforts of the Secretary to provide 

2 reimbursement for a veteran’s travel to a Department fa3 cility or a facility of a Department-contracted provider, re4 gardless of whether the facility is inside or outside the 

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

6 compensation and pension examination. 

7 SEC. 203. DEPARTMENT OF VETERANS AFFAIRS REQUIRE8 MENT FOR COMMUNICATION BY CONTRAC9 TORS PROVIDING COVERED MEDICAL DIS10 ABILITY EXAMINATIONS WITH PERSONS REC11 OGNIZED BY POWER OF ATTORNEY FOR 

12 PREPARATION, PRESENTATION, AND PROS13 ECUTION OF CLAIMS. 

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

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

16 for the provision by a contractor of a covered medical dis17 ability examination, the Secretary shall include a require18 ment that every communication from a contractor to a vet19 eran regarding the scheduling of a covered medical dis20 ability examination be contemporaneously transmitted to 

21 the person recognized by a power of attorney executed 

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

23 States Code, for the preparation, presentation, and pros24 ecution of claims. 
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1 (b) DEFINITION.—In this section, the term ‘‘covered 

2 medical disability examination’’ means a medical examina3 tion that the Secretary determines necessary for the pur4 poses of adjudicating a benefit under chapter 11 or 15 

5 of title 38, United States Code. 

6 SEC. 204. DEPARTMENT OF VETERANS AFFAIRS OUTREACH 

7 REGARDING CONTACT INFORMATION FOR 

8 CONTRACTORS PROVIDING COVERED MED9 ICAL DISABILITY EXAMINATIONS. 

10 Not later than 120 days after the date of enactment 

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

12 partnership with veterans service organizations and such 

13 other stakeholders as the Secretary considers relevant and 

14 appropriate, implement an informative outreach program 

15 for veterans regarding the following: 

16 (1) Contact information for contractors pro17 viding covered medical disability examinations, in18 cluding the telephone numbers from which such con19 tractors may contact veterans. 

20 (2) The requirement for veterans to provide 

21 personally identifiable information when contacted 

22 by such contractors in order to verify their identity. 
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1 TITLE III—OTHER MATTERS 

2 SEC. 301. REPORT ON SUPPORTING GOVERNMENTAL VET3 ERANS SERVICE OFFICERS. 

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

5 of the enactment of this Act and after consulting veterans 

6 service organizations and such other stakeholders as the 

7 Secretary considers relevant and appropriate, the Sec8 retary shall submit to the Committee on Veterans’ Affairs 

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

10 the House of Representatives a report on improving the 

11 support by the Department of Veterans Affairs of govern12 mental veterans service officers. 

13 (b) ELEMENTS.—The report submitted under sub14 section (a) shall include the following: 

15 (1) ENHANCED ACCESS TO SYSTEMS.—An as16 sessment of the feasibility and current technical limi17 tations of providing governmental veterans service 

18 officers enhanced access to certain Department sys19 tems to better serve veterans those governmental 

20 service officers may not have authorization to rep21 resent. 

22 (2) INTERGOVERNMENTAL LIAISONS.—An as23 sessment as to whether the Department would ben24 efit from the establishment or designation of an of25 fice or working group within the Department to 
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1 serve as an intergovernmental liaison between the 

2 Department and governmental veterans service offi3 cers. 

4 (3) OTHER.—Any other recommendations to 

5 improve how the Department monitors, coordinates 

6 with, or provides support to governmental veterans 

7 service officers. 

8 (c) DEFINITIONS.—In this section: 

9 (1) GOVERNMENTAL VETERANS SERVICE OFFI10 CER.—The term ‘‘governmental veterans service offi11 cer’’ means an employee of a State, county, munic12 ipal, or Tribal government— 

13 (A) who is accredited by at least one vet14 erans service organization to serve as a veterans 

15 service officer; and 

16 (B) whose primary responsibilities include 

17 working as such an officer. 

18 (2) VETERANS SERVICE ORGANIZATION.—The 

19 term ‘‘veterans service organization’’ means an orga20 nization recognized by the Secretary for the rep21 resentation of veterans under section 5902 of title 

22 38, United States Code. 
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1 SEC. 302. FACILITATING DEPARTMENT OF VETERANS AF2 FAIRS CONTRACTOR ACCESS TO FEDERAL 

3 TAX RETURN INFORMATION NECESSARY FOR 

4 CLAIMS PROCESSING. 

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

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

7 the following new subparagraph: 

8 ‘‘(E) REDISCLOSURES.— 

9 ‘‘(i) IN GENERAL.—Officers and em10 ployees of the Department of Veterans Af11 fairs who are specifically designated by the 

12 Secretary of Veterans Affairs may redis13 close return information described in sub14 paragraphs (A) and (B) to contractors of 

15 such Department administering (or assist16 ing in administering) a program listed in 

17 subparagraph (D)(viii). 

18 ‘‘(ii) RESTRICTIONS ON USE OF IN19 FORMATION.—Information disclosed under 

20 this subparagraph shall be disclosed only 

21 for purposes of, and to the extent nec22 essary in, determining eligibility for, or the 

23 correct amount of, benefits under a pro24 gram listed in subparagraph (D)(viii).’’. 
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1 (b) CONFORMING AMENDMENT.—Section 6103(a)(3) 

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

3 ‘‘(6),’’. 

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

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

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

Passed the Senate December 19, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. 3388 

AN ACT 

To amend title 38, United States Code, to improve 

erans Affairs, and for other purposes. benefits administered by the Secretary of Vet-