[118th Congress Public Law 196]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 2671]]
Public Law 118-196
118th Congress
An Act
To amend title 38, United States Code, to improve benefits administered
by the Secretary of Veterans Affairs, and for other
purposes. <<NOTE: Dec. 23, 2024 - [S. 2513]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Veterans
Benefits Improvement Act of 2024.>>
SECTION 1. <<NOTE: 38 USC 101 note.>> SHORT TITLE; TABLE OF
CONTENTS.
This Act may be cited as the ``Veterans Benefits Improvement Act of
2024''.
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) <<NOTE: Determination.>> 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 Improvement Act of 2024;
and
``(ii) has not been published under paragraph (1).
``(C) <<NOTE: Web posting. List.>> 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.''.
[[Page 138 STAT. 2672]]
SEC. 3. <<NOTE: 38 USC 5101 note.>> 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 Contractors Providing Covered Medical Disability
Examinations. <<NOTE: Deadline.>> --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) <<NOTE: Notice.>> 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) <<NOTE: Definition.>> 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.
[[Page 138 STAT. 2673]]
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) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 38 USC 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 <<NOTE: 38 USC prec. 7101.>> is amended by
adding at the end the following new item:
``7114. Internship program.''.
(c) <<NOTE: 38 USC 7114 note.>> Deadline.--The Secretary of Veterans
Affairs shall establish the internship program required by section 7114
of such title,
[[Page 138 STAT. 2674]]
as added by subsection (a), not later than one year after the date of
the enactment of this Act.
SEC. 6. <<NOTE: Deadlines. Time periods. 38 USC 706
note.>> 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
[[Page 138 STAT. 2675]]
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) <<NOTE: Costs.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: Effective dates.>> INCREASE IN ADDITIONAL
TEMPORARY EXPANSION OF UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
Section 7253(i) of title 38, United States Code, is amended--
(1) in paragraph (1)--
(A) <<NOTE: Time period.>> 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
(B) by adding at the end the following new
subparagraph:
``(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.''; and
(2) 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.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
[[Page 138 STAT. 2676]]
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) <<NOTE: Recommenda- tions.>> Contents.--The report required by
subsection (a) shall include the following:
(1) <<NOTE: Determination.>> 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.
Approved December 23, 2024.
LEGISLATIVE HISTORY--S. 2513:
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CONGRESSIONAL RECORD, Vol. 170 (2024):
Dec. 12, considered and passed Senate.
Dec. 16, considered and passed House.
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