Title: Veterans Benefits Improvement Act of 2021
Policy area: Armed Forces and National Security

Summary:
Veterans Benefits Improvement Act of 2021
This bill implements programs and policies related to veterans' benefit claims.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3388 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Benefits 
Improvement Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
              TITLE I--BOARD OF VETERANS' APPEALS MATTERS

Sec. 101. Board of Veterans' Appeals internship program.
Sec. 102. Pilot program on establishment of Board of Veterans' Appeals 
                            honors program.
Sec. 103. Report on improving access to Board of Veterans' Appeals 
                            telehearings.
               TITLE II--MEDICAL DISABILITY EXAM MATTERS

Sec. 201. Improving requirement to publish disability benefit 
                            questionnaire forms of Department of 
                            Veterans Affairs.
Sec. 202. Report on improving medical disability examinations for 
                            veterans who live abroad.
Sec. 203. Department of Veterans Affairs requirement for communication 
                            by contractors providing covered medical 
                            disability examinations with persons 
                            recognized by power of attorney for 
                            preparation, presentation, and prosecution 
                            of claims.
Sec. 204. Department of Veterans Affairs outreach regarding contact 
                            information for contractors providing 
                            covered medical disability examinations.
                        TITLE III--OTHER MATTERS

Sec. 301. Report on supporting governmental veterans service officers.
Sec. 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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Claimant.--The term ``claimant'' has the meaning given 
        that term in section 5100 of title 38, United States Code.
            (2) Department.--The term ``Department'' means the 
        Department of Veterans Affairs.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Veterans Affairs.

              TITLE I--BOARD OF VETERANS' APPEALS MATTERS

SEC. 101. BOARD OF VETERANS' APPEALS INTERNSHIP PROGRAM.

    (a) In General.--Chapter 71 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 7114. Internship program
    ``The Secretary shall establish a competitive internship program 
within the Department for the purpose of providing an opportunity for 
high-achieving students at law schools accredited by the American Bar 
Association to gain experience with the Board.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 71 of such title is amended by adding at the end the following 
new item:

``7114. Internship program.''.
    (c) Deadline.--The Secretary shall establish the internship program 
required by section 7114 of such title, as added by subsection (a), not 
later than one year after the date of the enactment of this Act.

SEC. 102. PILOT PROGRAM ON ESTABLISHMENT OF BOARD OF VETERANS' APPEALS 
              HONORS PROGRAM.

    (a) Establishment.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall establish a pilot program to 
assess the feasibility and advisability of establishing a competitive 
honors program within the Department for the purpose of recruiting 
high-achieving law school students, recent law school graduates, and 
entry-level attorneys for employment with the Board.
    (b) Duration.--The Secretary shall carry out the pilot program 
required by subsection (a) during the nine-year period beginning on the 
date of the establishment of the pilot program.
    (c) Honors Program.--
            (1) In general.--Under the pilot program required by 
        subsection (a), the Secretary shall carry out a competitive 
        honors program as described in such subsection.
            (2) Priority consideration.--The Secretary shall give 
        priority consideration in application for the honors program to 
        individuals who successfully complete the internship program 
        established under section 7114 of title 38, United States Code, 
        as added by section 101(a).
            (3) Student loan repayment benefits.--
                    (A) In general.--The Secretary shall provide 
                student loan repayment benefits under section 5379 of 
                title 5, United States Code, to each participant in the 
                pilot program who is eligible for student loan 
                repayment benefits under such section.
                    (B) 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.
                    (C) Commitment.--An agreement described in 
                subparagraph (B) shall include a requirement that the 
                participant will remain in the service of the 
                Department for a period of not less than three years, 
                unless involuntarily separated, in accordance with 
                subsection (c) of such section.
            (4) Professional development activities.--
                    (A) Assignment of mentors.--Not later than 90 days 
                after the date on which an individual begins 
                participating in the pilot program required by 
                subsection (a), the Secretary shall assign the 
                participant a mentor who is a managerial employee of 
                the Department outside the participant's chain of 
                command.
                    (B) Assignments to office of general counsel.--
                            (i) In general.--The Secretary shall 
                        provide each participant in the pilot program 
                        at least one assignment within the Office of 
                        General Counsel of the Department that includes 
                        full-time legal responsibilities in order to 
                        further the professional development of the 
                        participant.
                            (ii) Period of assignment.--An assignment 
                        provided under clause (i) shall be for a period 
                        of not less than 120 days and not more than 180 
                        days, or longer at the discretion of the 
                        Secretary.
                    (C) Other rotational assignments.--
                            (i) In general.--The Secretary may provide 
                        a participant in the pilot program one or more 
                        other short-term rotational assignments.
                            (ii) Period of assignment.--An assignment 
                        provided under clause (i) shall be for a period 
                        of not less than 30 days and not more than 180 
                        days, at the discretion of the Secretary.
    (d) Periodic Reports.--
            (1) Reports required.--Not later than three years after the 
        date on which the Secretary first accepts a participant into 
        the honors program carried out under subsection (c)(1) and not 
        less frequently than once every three years thereafter for the 
        duration of the pilot program, the Secretary shall submit to 
        the Committee on Veterans' Affairs of the Senate and the 
        Committee on Veterans' Affairs of the House of Representatives 
        a report on the findings of the Secretary with respect to the 
        pilot program.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include the following:
                    (A) The findings of the Secretary with respect to 
                the feasibility and advisability of establishing a 
                competitive honors program as described in subsection 
                (a).
                    (B) Such recommendations as the Secretary may have 
                for legislative or administrative action to improve 
                recruitment and retention of staff at the Board of 
                Veterans' Appeals.

SEC. 103. REPORT ON IMPROVING ACCESS TO BOARD OF VETERANS' APPEALS 
              TELEHEARINGS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a report on improving access to 
hearings before the Board of Veterans' Appeals held by picture and 
voice transmission.
    (b) Contents.--The report required by subsection (a) shall include 
the following:
            (1) Recommendations on the feasibility and advisability of 
        reimbursing veterans for expenses incurred for travel from the 
        home of a veteran to the location at which a hearing before the 
        Board of Veterans' Appeals is held by picture and voice 
        transmission, if the Secretary determines that travel to such 
        location is reasonably necessary for such a hearing.
            (2) Recommendations on establishment of pilot programs to 
        assess the feasibility and advisability of using other methods 
        that could improve veteran access to hearings before the Board 
        of Veterans' Appeals held by picture and voice transmission 
        from a veteran's home.
            (3) Such other recommendations to improve access to 
        hearings before the Board of Veterans' Appeals held by picture 
        and voice transmission as the Secretary may receive from 
        stakeholders.

               TITLE II--MEDICAL DISABILITY EXAM MATTERS

SEC. 201. IMPROVING REQUIREMENT TO PUBLISH DISABILITY BENEFIT 
              QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS AFFAIRS.

    Section 5101(d) of title 38, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``; and'' and 
        inserting ``, including (except as provided in paragraph 
        (4)(A))--
                    ``(i) all disability benefit questionnaire forms 
                available to personnel of the Veterans Health 
                Administration and contracted personnel for the 
                completion of compensation and pension examinations; 
                and
                    ``(ii) all factsheets available to such personnel 
                to inform completion of such examinations; and''; and
            (2) by adding at the end the following new paragraph:
    ``(4)(A) The Secretary may exclude from publication under clauses 
(i) and (ii) of paragraph (1)(A) any form described in subparagraph (B) 
of this paragraph that the Secretary determines could not reasonably be 
completed to a clinically acceptable standard by someone not an 
employee or a contractor of the Department.
    ``(B) A form described in this subparagraph is a form that--
            ``(i) was in effect after January 1, 2020; and
            ``(ii) has not been published under paragraph (1).
    ``(C) For each form excluded under subparagraph (A), the Secretary 
shall--
            ``(i) list the form on the same internet website as the 
        forms published under paragraph (1)(A) with an indication that 
        the form has been excluded; and
            ``(ii) provide with such listing a justification for such 
        exclusion.''.

SEC. 202. REPORT ON IMPROVING MEDICAL DISABILITY EXAMINATIONS FOR 
              VETERANS WHO LIVE ABROAD.

    Not later than one year after the date of the enactment of this 
Act, the Secretary shall submit to the Committee on Veterans' Affairs 
of the Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report on the efforts of the Secretary to provide 
reimbursement for a veteran's travel to a Department facility or a 
facility of a Department-contracted provider, regardless of whether the 
facility is inside or outside the United States, when such travel is 
incident to a scheduled compensation and pension examination.

SEC. 203. DEPARTMENT OF VETERANS AFFAIRS REQUIREMENT FOR COMMUNICATION 
              BY CONTRACTORS PROVIDING COVERED MEDICAL DISABILITY 
              EXAMINATIONS WITH PERSONS RECOGNIZED BY POWER OF ATTORNEY 
              FOR PREPARATION, PRESENTATION, AND PROSECUTION OF CLAIMS.

    (a) In General.--In each contract entered into by the Secretary 
after the date of the enactment of this Act for the provision by a 
contractor of a covered medical disability examination, the Secretary 
shall include a requirement that every communication from a contractor 
to a veteran regarding the scheduling of a covered medical disability 
examination be contemporaneously transmitted to the person recognized 
by a power of attorney executed under sections 5902, 5903, and 5904 of 
title 38, United States Code, for the preparation, presentation, and 
prosecution of claims.
    (b) Definition.--In this section, the term ``covered medical 
disability examination'' means a medical examination that the Secretary 
determines necessary for the purposes of adjudicating a benefit under 
chapter 11 or 15 of title 38, United States Code.

SEC. 204. DEPARTMENT OF VETERANS AFFAIRS OUTREACH REGARDING CONTACT 
              INFORMATION FOR CONTRACTORS PROVIDING COVERED MEDICAL 
              DISABILITY EXAMINATIONS.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary of Veterans Affairs shall, in partnership with veterans 
service organizations and such other stakeholders as the Secretary 
considers relevant and appropriate, implement an informative outreach 
program for veterans regarding the following:
            (1) Contact information for contractors providing covered 
        medical disability examinations, including the telephone 
        numbers from which such contractors may contact veterans.
            (2) The requirement for veterans to provide personally 
        identifiable information when contacted by such contractors in 
        order to verify their identity.

                        TITLE III--OTHER MATTERS

SEC. 301. REPORT ON SUPPORTING GOVERNMENTAL VETERANS SERVICE OFFICERS.

    (a) Report.--Not later than one year after the date of the 
enactment of this Act and after consulting veterans service 
organizations and such other stakeholders as the Secretary considers 
relevant and appropriate, the Secretary shall submit to the Committee 
on Veterans' Affairs of the Senate and the Committee on Veterans' 
Affairs of the House of Representatives a report on improving the 
support by the Department of Veterans Affairs of governmental veterans 
service officers.
    (b) Elements.--The report submitted under subsection (a) shall 
include the following:
            (1) Enhanced access to systems.--An assessment of the 
        feasibility and current technical limitations of providing 
        governmental veterans service officers enhanced access to 
        certain Department systems to better serve veterans those 
        governmental service officers may not have authorization to 
        represent.
            (2) Intergovernmental liaisons.--An assessment as to 
        whether the Department would benefit from the establishment or 
        designation of an office or working group within the Department 
        to serve as an intergovernmental liaison between the Department 
        and governmental veterans service officers.
            (3) Other.--Any other recommendations to improve how the 
        Department monitors, coordinates with, or provides support to 
        governmental veterans service officers.
    (c) Definitions.--In this section:
            (1) Governmental veterans service officer.--The term 
        ``governmental veterans service officer'' means an employee of 
        a State, county, municipal, or Tribal government--
                    (A) who is accredited by at least one veterans 
                service organization to serve as a veterans service 
                officer; and
                    (B) whose primary responsibilities include working 
                as such an officer.
            (2) Veterans service organization.--The term ``veterans 
        service organization'' means an organization recognized by the 
        Secretary for the representation of veterans under section 5902 
        of title 38, United States Code.

SEC. 302. ELECTRONIC NOTIFICATION OF DECISIONS AND OTHER ELECTRONIC 
              COMMUNICATIONS.

    (a) Notice Defined.--Section 5100 of title 38, United States Code, 
is amended--
            (1) in the section heading, by striking ``Definition of 
        ``claimant'''' and inserting ``Definitions'''';
            (2) by striking ``this chapter, the term'' and inserting 
        ``this chapter:
            ``(1) The term''; and
            (3) by adding at the end the following new paragraph:
            ``(2) The term `notice' means a communication delivered 
        through a method determined appropriate by the Secretary, which 
        may include electronic notification in accordance with section 
        5104(c) of this title.''.
    (b) Notice of Decisions of Secretary of Veterans Affairs Regarding 
Benefits.--Section 5104 of such title is amended by adding at the end 
the following new subsection:
    ``(c)(1) The Secretary may provide notice to a person under 
subsection (a) of this section and under section 7104(e) of this title 
electronically, but only after the person affirmatively consents to 
electronic notification for all decisions requiring notice under this 
section, including section 7104 of this title.
    ``(2)(A) A person may revoke consent to electronic notification 
under paragraph (1) at any time by informing the Secretary of such 
revocation.
    ``(B) A revocation under this paragraph is effective upon a 
person's submission of such revocation, whether by electronic means or 
by mail.
    ``(3) The Secretary shall, on an annual basis--
            ``(A) solicit input from stakeholders for recommendations 
        to improve how the Department issues notifications under this 
        section, including section 7104 of this title; and
            ``(B) publicly publish responses to such input on a website 
        of the Department.''.
    (c) Notice of Higher-Level Review Decision by Agency of Original 
Jurisdiction.--Section 5104B(c) of such title is amended by striking 
``in writing'' and inserting ``to the claimant and the claimant's 
representative''.
    (d) Notice of Decisions by Board of Veterans' Appeals.--Section 
7104 of such title is amended by striking subsection (e) and inserting 
the following:
    ``(e) Subject to section 5104(c) of this title, after reaching a 
decision on a case, the Board shall promptly provide notice (as that 
term is defined in section 5100 of this title) of such decision to the 
following:
            ``(1) The claimant.
            ``(2) Any other party with a right to notice of such 
        decision.
            ``(3) Any authorized representative of the appellant or 
        party described in subparagraph (B).''.
    (e) Notice of Disagreement.--Section 7105(b)(1)(A) of such title is 
amended by striking ``mailing'' and inserting ``provision''.

SEC. 303. FACILITATING DEPARTMENT OF VETERANS AFFAIRS CONTRACTOR ACCESS 
              TO FEDERAL TAX RETURN INFORMATION NECESSARY FOR CLAIMS 
              PROCESSING.

    (a) In General.--Section 6103(l)(7) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new subparagraph:
                    ``(E) Redisclosures.--
                            ``(i) In general.--Officers and employees 
                        of the Department of Veterans Affairs who are 
                        specifically designated by the Secretary of 
                        Veterans Affairs may redisclose return 
                        information described in subparagraphs (A) and 
                        (B) to contractors of such Department 
                        administering (or assisting in administering) a 
                        program listed in subparagraph (D)(viii).
                            ``(ii) Restrictions on use of 
                        information.--Information disclosed under this 
                        subparagraph shall be disclosed only for 
                        purposes of, and to the extent necessary in, 
                        determining eligibility for, or the correct 
                        amount of, benefits under a program listed in 
                        subparagraph (D)(viii).''.
    (b) Conforming Amendment.--Section 6103(a)(3) of such Code is 
amended by inserting ``(7)(E),'' after ``(6),''.
    (c) Safeguards.--Section 6103(p)(4) of such Code is amended by 
striking ``subsection (l)(10)'' each place it appears and inserting 
``subsection (l)(7), (10)''.
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