[House Report 118-199]
[From the U.S. Government Publishing Office]


118th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      118-199

======================================================================



 
               VETERANS BENEFITS IMPROVEMENT ACT OF 2023

                                _______
                                

 September 14, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Bost, from the Committee on Veterans' Affairs, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1530]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Veterans' Affairs, to whom was referred 
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, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     5
Background and Need for Legislation..............................     5
Hearings.........................................................     9
Subcommittee Consideration.......................................     9
Committee Consideration..........................................    10
Committee Votes..................................................    10
Committee Correspondence.........................................
Committee Oversight Findings.....................................    10
Statement of General Performance Goals and Objectives............    10
New Budget Authority, Entitlement Authority, and Tax Expenditures    11
Earmarks and Tax and Tariff Benefits.............................    11
Committee Cost Estimate..........................................    11
Congressional Budget Office Estimate.............................    11
Federal Mandates Statement.......................................    12
Advisory Committee Statement.....................................    13
Constitutional Authority Statement...............................    13
Applicability to Legislative Branch..............................    13
Statement on Duplication of Federal Programs.....................    13
Disclosure of Directed Rulemaking................................
Section-by-Section Analysis of the Legislation...................    13
Changes in Existing Law Made by the Bill as Reported.............    15

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 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.

                          Purpose and Summary

    H.R. 1530 the ``Veterans Benefits Improvement Act'' was 
introduced by Rep. Morgan Luttrell of Texas on March 10, 2023. 
The bill as amended would improve and clarify publishing 
requirements for Department of Veterans Affairs (VA) disability 
benefits questionnaire forms. This bill would also provide 
clarity to veterans about communications from VA medical 
disability examination contractors. This bill would require a 
report on the Department's support of governmental veterans 
service officers. The bill as amended includes the text of 
other bills referred to the committee including:
    H.R. 1329, ``To amend title 38, United States Code, to 
provide for an increase in the maximum number of judges who may 
be appointed to the United States Court of Appeals for Veterans 
Claims'' was introduced by Rep. Keith Self of Texas on March 1, 
2023. This bill would increase the number of permanent judges 
at the U.S. Court of Appeals for Veterans Claims (CAVC or 
Court) from seven to nine judges.
    H.R. 1378, the ``Veterans Appeals Backlog Improvement Act'' 
was introduced by Rep. Juan Ciscomani of Arizona on March 7, 
2023. This bill would establish an internship program at the 
Board of Veterans' Appeals, establish a nine-year pilot program 
to help with recruiting and retention of qualified attorneys at 
VA, and would require a report on the status of the program. 
This bill would also require a report outlining how the 
Department would improve access for veterans to telehearings in 
front of the U.S. Board of Veterans' Appeals.

                  Background and Need for Legislation


Section 1: Short title

    This Act may be cited at the ``Veterans Benefits 
Improvement Act of 2023''.

Section 2: Improvement of publication of Department of Veterans Affairs 
        disability benefit questionnaire forms

    Under current law, VA is not required to update the public-
facing Disability Benefits Questionnaires (DBQ) on the 
Department's website for use by a veteran's private provider. 
DBQs are standardized forms used by VA when performing 
disability examinations in support of a veteran's claim for 
disability compensation. These forms collect necessary medical 
information that VA will use to process a veteran's claim. This 
section would require VA to publish all DBQ forms that Veterans 
Health Administration (VHA) and contract examiners have access 
to except those forms that cannot be reasonably completed to a 
clinically acceptable standard. This provision would also 
require the Secretary to list which forms have been excluded 
from publication. The Committee hopes that by requiring the 
publication of DBQs on their website, a potential barrier to 
disability benefits for veterans who choose to use a private 
provider would be removed.

Section 3: Improvement of provision of medical disability examinations 
        by contractors

    This section would establish reporting requirements on the 
efforts of the Secretary to reimburse veterans for expenses 
they might have incurred when traveling to a VA facility, or 
covered VA contract examiner facility, for a disability exam. 
Medical disability exams are necessary if the veteran's claim 
file does not contain sufficient competent medical evidence for 
VA to decide the claim. The veteran will often, (except in some 
cases where a telehealth exam can be provided), have to travel 
to a VHA provider or to a non-Department provider's facility to 
receive a medical disability exam. The cost of travel to a 
disability exam may be a barrier to veterans attending their 
exams. The Committee believes that this report would provide 
information necessary for oversight of the reimbursement 
efforts of the Secretary.
    This provision would require non-Department providers who 
provide disability exams to simultaneously transmit the 
scheduling of a veteran's exam to the veteran and to the 
individual designated power of attorney for that veteran. 
Veterans have raised concerns that they often miss their 
disability exams because they were not notified in a timely 
manner. The Committee believes that requiring non-Department 
providers to send the scheduling notice to the power of 
attorney would provide another source of information for the 
veteran to ensure that they are able to show up to their 
disability exam.
    This provision would require VA to conduct an outreach 
program to inform veterans that they may be asked to provide 
personally identifiable information to a provider in order to 
verify their identity. This provision would also provide the 
contact information of the non-Department providers, to include 
the phone numbers the non-Department provider might use to 
contact the veteran in regard to their disability exam. By 
providing veterans with this information, they would be better 
prepared to respond to the non-Department provider who is 
attempting to contact the veteran about their exam instead of 
ignoring a call from an unknown caller. Additionally, this 
provision may preempt the veteran's reluctance to provide 
personally identifiable information if the veteran is notified 
prior to the call from the provider. The Committee believes 
that the outreach program in this provision would provide 
greater transparency and cooperation between VA and the 
veteran.

Section 4: Report on supporting governmental Veterans Service officers 
        who prepare, present, and prosecute benefits claims before 
        Department of Veterans Affairs

    Governmental veterans service officers are employees of 
Veterans Service Organizations (VSO) who are recognized by the 
Secretary to prepare, present, and prosecute disability 
benefits claims before VA. These officers are employees of a 
State, county, municipal, or Tribal government. This section 
would establish reporting requirements that would include 
assessments about the feasibility of providing government 
veterans service officers with access to certain systems, as 
well as an assessment on how the government would benefit from 
the establishment of a working group between VA and these 
governmental veterans service officers. The Committee believes 
that this provision would provide necessary insight into how 
improving veterans service officers' access to VA systems would 
improve information and transparency between VA, VSOs, and 
veterans. The Committee believes that this provision would 
allow VA and Congress to have greater oversight of a major 
component of the VA disability claims process.

Section 5: Board of Veterans' Appeals internship program

    The U.S. Board of Veterans' Appeals (BVA) is a VA 
administrative appellate board under the Office of the 
Secretary that reviews certain decisions from Veterans Benefits 
Administration (VBA), Veterans Health Administration (VHA), and 
National Cemetery Administration (NCA). The Board is comprised 
of administrative Veteran's Law Judges (VLJ's) who decide 
appeals from claimants who feel their claim was wrongly decided 
by VA administrations. These judges are selected by the 
Secretary and appointed by the President, but are not Senate 
confirmed. Additionally, line attorneys provide case support to 
VLJ's by researching the case and preparing draft decisions.
    The VA Office of General Counsel ensures that the VA 
responsibly and legally executes the laws, regulations, and 
policies that fall under the Secretary's jurisdiction. At the 
end of Fiscal Year (FY)22, there were roughly 209,535 pending 
appeals at BVA. The Board and OGC are facing hiring and 
retention issues, similar to VBA and VHA. Additionally, after 
the passage of the ``Honoring our PACT Act'' (P.L. 117-168) the 
number of pending appeals is expected to rise. This provision 
would help improve VA's ability to hire and retain qualified 
attorneys by providing internship opportunities at the Board 
for first or second-year law students. This provision would 
provide incentives for qualified attorneys to remain at the 
Department after the internship has ended. The Committee 
believes that this provision would assist VA in their hiring 
and improve retention of qualified attorneys at the Board. 
Having ample qualified attorneys on staff would contribute to 
the goal of working down the backlog of pending appeals.

Section 6: Benefits for participants in certain programs of the 
        Department of Veterans Affairs

    This section would provide the Secretary with the ability 
to offer participants of the internship program student loan 
repayment benefits and reimbursement for the cost of 
preparation courses for the bar exam and bar exam fees. If 
participants receive these benefits, they must enter into an 
agreement with the Secretary to remain in service to the 
Department for no less than 3 years. This provision would offer 
mentorship opportunities and varied assignments within the 
Department at the Board and at OGC. The Committee believes this 
would contribute to hiring incentives that the Secretary can 
offer to the lawyers participating in the honors program. VA 
already reimburses these fees for attorneys within the Office 
of General Counsel, thus this provision would provide parity 
for participants of the internship program. This provision 
requires a report that would include information about the 
Board's retention abilities, recommendations on further action, 
and the cost to the US. The Committee believes that this report 
would provide helpful insight on the implementation and 
effectiveness of the program.

Section 7: Increase in maximum number of judges appointed to the United 
        States Court of Appeals for Veterans claims

    The Court was established in 1988 under the Veterans' 
Judicial Review Act (P.L. 100-687) and signed into law by 
President Reagan to review decisions made by the Board when a 
claimant feels the Board made an error in their decision. The 
Court is an independent court outside of VA. Under current law, 
the Court is authorized to have seven permanent judges and two 
additional temporary judges. The temporary expansion is 
authorized until 2026. This provision would expand the size of 
the court from seven permanent judges to nine permanent judges. 
The Court would still maintain the temporary two additional 
judges until 2026. These judges are appointed for 15-year terms 
and can be optionally recalled for further service after 
retirement as a recall-eligible Senior Judge. In FY22, the 
Court recalled four retired judges to assist with the 
substantial and sustained workload. This provision is a request 
from the Court, and the Committee believes that they will need 
the additional judges to prepare for the influx of appeals that 
will come with the claims from the PACT Act. According to the 
Court's FY22 Annual Report,\1\ they completed 15,136 total 
dispositions. The Committee that believes that the 
authorization for the two additional permanent judges is 
necessary for the Court to manage their workload based on the 
projections that the production of final decisions by the Board 
will continue to grow.
---------------------------------------------------------------------------
    \1\FY2022AnnualReport.pdf (cavc.gov).
---------------------------------------------------------------------------

Section 8: Report on improving access to Board of Veterans' Appeals 
        telehearings

    The Tele-hearing Modernization Act (P.L. 116-137), signed 
into law in 2020, permitted the Board to conduct tele-hearings 
at a location selected by the veteran. Previously, the Board 
was authorized to conduct hearings via videoconferences at 
local VA facilities. This law gave the veteran more flexibility 
and accessibility in appearing before the Board. This law 
required a one-time report that would provide information to 
Congress on the collaboration, IT-modernization requests, and 
information on outreach to veterans and stakeholders.
    The report that would be required in this provision would 
include information such as feasibility for reimbursing 
veterans for travel to the location of their tele-hearing if it 
is outside the veteran's home and other recommendations to 
improve veterans' access to tele-hearings in front of the Board 
of veterans appeals. These tele-hearings increase access to the 
Board for veterans who are unable to travel to a VA facility or 
to the Board for their hearing. This option was particularly 
useful during the COVID-19 pandemic so the Board could continue 
to hold hearings. The Committee hopes that this report would 
provide necessary information on improving the access for 
veterans to tele-hearings.

                                Hearings

    On March 29, 2023, the Subcommittee on Disability 
Assistance and Memorial Affairs conducted a legislative hearing 
on H.R. 1329, H.R. 1378, H.R. 1530, and other bills pending 
before the subcommittee.
    The following witnesses testified:
          The Honorable Jack Bergman, U.S. House of 
        Representatives, 1st District, Michigan; The Honorable 
        Juan Ciscomani, U.S. House of Representatives, 6th 
        District, Arizona; The Honorable Mike Levin, U.S. House 
        of Representatives, 49th District, California; The 
        Honorable Morgan Luttrell, U.S. House of 
        Representatives, 8th District, Texas; The Honorable 
        Chris Pappas, U.S. House of Representatives, 1st 
        District, New Hampshire; The Honorable Keith Self, U.S. 
        House of Representatives, 3rd District, Texas; Mr. 
        Kevin J. Friel, Deputy Director of the Pension and 
        Fiduciary Service, U.S. Department of Veterans Affairs, 
        who was accompanied by Ms. Cheryl Rawls, Executive 
        Director, Outreach, Transition, and Economic 
        Development, Department of Veterans Affairs and Ms. 
        Christa A. Shriber, Deputy Chief Counsel, U.S. 
        Department of Veterans Affairs; Ms. Kristina J. Keenan, 
        Deputy Director, Veterans of Foreign Wars of the United 
        States; Mr. Shane Liermann, Deputy National Legislative 
        Director, Disabled American Veterans; Mr. Lawrence 
        Montreuil, National Legislative Division Director, The 
        American Legion; and Lieutenant Colonel William Taylor 
        (Ret.), Chief Operating Officer, Veterans Guardian.
    A statement for the record was submitted by:
          Gold Star Wives of America, National Organization of 
        Veterans' Advocates, Inc., Tragedy Assistance Program 
        for Survivors, U.S. Court of Appeals for Veterans 
        Claims, and The Honorable Michael Waltz, U.S. House of 
        Representatives, 6th District, Florida.

                       Subcommittee Consideration

    On April 19, 2023, the Subcommittee of Disability 
Assistance and Memorial Affairs held a markup on H.R. 1530.
          An amendment in the nature of a substitute to H.R. 
        1329 offered by Rep. Luttrell was adopted by voice vote 
        and the bill was ordered favorably forwarded to the 
        full Committee on Veterans Affairs. The amendment in 
        the nature of would extend current rates for VA home 
        loan funding fees to pay for cost of this bill.
          An amendment to H.R. 1378 offered by Rep. McGarvey 
        was adopted by voice vote and the bill was ordered 
        favorably forwarded to the full committee. The 
        amendment would allow eligible participants in the 
        internship program to be eligible for student loan 
        repayment and certain reimbursement benefits.
          An amendment in the nature of a substitute to H.R. 
        1530 offered by Rep. Luttrell was adopted by voice vote 
        and the bill was ordered favorably forwarded to the 
        full Committee on Veterans Affairs. The amendment in 
        the nature of would make technical changes to the base 
        text to clarify the intent of the bill.

                        Committee Consideration

    On April 28, 2023, the full Committee met in open markup 
session, a quorum being present, and ordered H.R. 1530, as 
amended, to be reported favorably to the House of 
Representatives by voice vote. During consideration of the 
bill, the following amendments were considered:
          An amendment in the nature of a substitute offered by 
        Chairman Bost that included the text of H.R. 1530, 
        adopted by the Subcommittee on Disability Assistance 
        and Memorial Affairs, and added the text of the 
        following bills: H.R. 1378, as amended, and H.R. 1329. 
        The amendment in the nature of substitute, as amended, 
        was approved by voice vote.
          A motion by Representative Takano to report H.R. 
        1530, as amended, favorably to the House of 
        Representatives was agreed to by voice vote.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, there were no recorded votes 
taken on amendments or in connection with ordering H.R. 1530, 
as amended, reported to the House. A motion by Representative 
Mark Takano of California to report H.R. 1530, as amended, 
favorably to the House of Representatives was adopted by voice 
vote.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives of H.R. 1530, as amended, are to provide 
improvements to the veterans benefits process by supporting the 
Department and providing clarity in the process for the 
veterans.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

                  Earmarks and Tax and Tariff Benefits

    H.R. 1530, as amended, does not contain any Congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9 of rule XXI of the Rules of the House of 
Representatives.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate on H.R. 
1530, as amended, prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
for H.R. 1530, as amended, provided by the Director of the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 1530 would increase the number of judges on the Court 
of Appeals for Veterans' Claims (CAVC), provide certain 
benefits to recent law school graduates hired by the Department 
of Veterans' Affairs (VA), expand internship opportunities at 
VA, and require several reports and studies. In total, those 
changes would cost $6 million over the 2023-2028 period. Such 
spending would be subject to the availability of appropriated 
funds.
    The CAVC has jurisdiction over appeals relating to 
veterans' benefits when veterans believe that VA's final 
decisions are incorrect. Under current law, the court is 
authorized to have up to seven permanent judges; it has 
temporary authority for two additional judges through the end 
of 2025. Section 7 would permanently authorize the court to 
seat up to nine judges, an increase of two judges, beginning in 
2026. Using information on salaries for federal judges and 
their supporting staff, CBO estimates that adding two 
additional judges to the CAVC on a permanent basis would cost 
$6 million over the 2023-2028 period.
    In addition, the bill would require VA to establish a 
program to reimburse the costs of state bar exam preparation 
and annual bar dues for recent law graduates who commit to a 
three-year service agreement with the department. VA hires 
recent law school graduates on a temporary basis under programs 
that allow them to convert to permanent positions upon becoming 
fully licensed to practice law. Because VA has hired a small 
number of people under those programs in recent years, CBO 
estimates that reimbursing employees for bar preparation 
courses and annual bar dues would increase costs by less than 
$500,000 over the 2023-2028 period.
    Several other sections of the bill would require VA to 
submit reports and studies to the Congress and to provide 
additional information to veterans and their representatives. 
Based on the costs of similar activities, CBO estimates that 
satisfying those requirements would increase costs by 
insignificant amounts.
    The bill also would require VA to establish an internship 
program for first-year and second-year law students, and to 
help recent law school graduates repay their student loans. The 
department is satisfying both of those requirements under 
current law, thus implementing those provisions would not 
affect the federal budget.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 700 (veterans benefits and services).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1530
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2023    2024    2025    2026    2027    2028   2023-2028
----------------------------------------------------------------------------------------------------------------
Estimated Authorization..............................       *       *       *       2       2       2         6
Estimated Outlays....................................       *       *       *       2       2       2         6
----------------------------------------------------------------------------------------------------------------
** = between zero and $500,000.

    The CBO staff contact for this estimate is Logan Smith. The 
estimate was reviewed by Chad Chirico, Deputy Director of 
Budget Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates regarding H.R 1530, as amended, prepared by the 
Director of the Congressional Budget Office pursuant to section 
423 of the Unfunded Mandates Reform Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act would be created by H.R. 
1530, as amended.

                 Statement of Constitutional Authority

    Pursuant to Article I, section 8 of the United States 
Constitution, H.R. 1530, as amended, is authorized by Congress' 
power to ``provide for the common Defense and general Welfare 
of the United States.''

                  Applicability to Legislative Branch

    The Committee finds that H.R. 1530, as amended, does not 
relate to the terms and conditions of employment or access to 
public services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

              Statement on Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 1530, as amended, establishes or reauthorizes a program 
of the Federal Government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of P.L. 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 of the bill would establish the short title of 
the bill as ``Veterans Benefits Improvement Act of 2023''.

Section 2. Improvement of publication of department of veterans affairs 
        disability benefit questionnaire forms

    Section two of the bill would amend section 5101 of title 
38 United States Code (U.S.C.) by clarifying that the forms 
published on VA's website must include all disability benefit 
questionnaire forms that are available to Veterans Health 
Administration employees and covered non-Department providers 
which can be used in disability exams for the purposes of 
applying for veterans' benefits.
    This section would allow the Secretary to exclude certain 
forms that could not be reasonably completed to a clinically 
acceptable standard by someone not employed or contracted by 
VA.
    This section would require the Secretary to publish a list 
of the forms which were excluded from publication as well as a 
justification for the exclusion from publication.
    This section would define ``covered non-Department 
provider''.

Section 3. Improvement of provision of medical disability examinations 
        by contractors

    Section three of the bill would require the Secretary to 
submit, in consultation with the Secretary of State and the 
Commissioner of the Social Security Administration, a report no 
later than one year after enactment of this bill detailing the 
efforts of the Secretary in providing reimbursements to 
veterans who had to travel to a VA facility or a non-Department 
provider for a medical disability examination for their 
disability claim, regardless of whether the facility is located 
in or outside of the U.S.
    This section would require the Secretary, after the date of 
enactment of this bill, to include a requirement in all 
contracts with non-Department providers that every 
communication regarding scheduling a disability exam between 
the provider and the applicant should simultaneously be sent to 
the person or organization designated power of attorney or 
recognized in the Code to prepare, present, and prosecute the 
applicants claim.
    This section would require the Secretary to implement an 
outreach program no later than 120 days after enactment of this 
bill which would provide veterans with the following 
information: (1) contact information for covered non-Department 
providers that provide medical disability examinations 
including the telephone numbers such providers may use to 
contact veterans; and (2) a 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.

Section 4. Report on supporting governmental veterans service officers 
        who prepare, present, and prosecute benefits claims before 
        Department of Veterans Affairs

    Section four of the bill would require the Secretary to 
submit a report no later than one year after enactment of this 
bill which would 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; and (3) Any other 
recommendations to improve how the Department monitors, 
coordinates with, or provides support to covered governmental 
veterans service officers.
    This section would define for the purposes of this section: 
covered governmental veterans service officers and veterans 
service organizations.

Section 5. Board of Veterans' Appeals internship program

    Section five of the bill would amend chapter 71 of title 38 
U.S.C. by inserting after section 7113 a new section which 
would require the Secretary to establish an internship program 
no later than one year after enactment of the bill at the Board 
for first- or second-year law students.

Section 6. Benefits for participants in certain programs of the 
        Department of Veterans Affairs

    Section six of the bill would require the Secretary, no 
later than one year after enactment, to carry out a program 
which would provide student loan repayment benefits and 
reimbursement for preparation courses and bar exam fees if the 
attorney agrees to remain employed by the Department for no 
less than three years.
    This section would require the Secretary to assign covered 
participants a mentor, a full-time position no longer than six 
months in the Office of General Counsel or at the Board. The 
Secretary could also provide a short-term rotational assignment 
to the covered participant.
    This section would require the Secretary to submit a report 
no later than three years after the date when the Secretary 
begins the program and at least once every three years after 
which would include the following: (A) costs to the U.S. to 
provide benefits under subsection (b); (B) the rates of 
retention of covered participants compared to other employees 
of the Department; and (C) recommendations of the Secretary 
regarding legislative or administrative action to improve such 
program.
    This section would define: covered attorney, covered 
participant, and State.

Section 7. Increase in maximum number of judges appointed to United 
        States Court of Appeals for veterans claims

    Section seven of the bill would amend section 7253(a) of 
title 38 U.S.C. to authorize two additional permanent judges at 
the Court.

Section 8. Report on improving access to Board of Veterans' Appeals 
        telehearings

    Section eight of the bill would require the Secretary to 
submit a report no later than 180 days after enactment of this 
bill which would 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 is held by picture 
and voice transmission, if the Secretary determines that travel 
to such location is reasonably necessary; (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 held by picture and 
voice transmission from a veteran's home; and (3) other 
recommendations from stakeholders to improve access to hearings 
before the BVA held by picture and voice transmission.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 38, UNITED STATES CODE




           *       *       *       *       *       *       *
PART IV--GENERAL ADMINISTRATIVE PROVISIONS

           *       *       *       *       *       *       *


CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS

           *       *       *       *       *       *       *



SUBCHAPTER I--CLAIMS

           *       *       *       *       *       *       *



Sec. 5101. Claims and forms

  (a)(1)(A) Except as provided in subparagraph (B), a specific 
claim in the form prescribed by the Secretary (or jointly with 
the Commissioner of Social Security, as prescribed by section 
5105 of this title) must be filed in order for benefits to be 
paid or furnished to any individual under the laws administered 
by the Secretary.
  (B)(i) The Secretary may pay benefits under chapters 13 and 
15 and sections 2303, 2307, and 5121 of this title to a 
survivor of a veteran who has not filed a formal claim if the 
Secretary determines that the record contains sufficient 
evidence to establish the entitlement of the survivor to such 
benefits.
  (ii) For purposes of this subparagraph and section 5110 of 
this title, the earlier of the following dates shall be treated 
as the date of the receipt of the survivor's application for 
benefits described in clause (i):
          (I) The date on which the survivor of a veteran (or 
        the representative of such a survivor) notifies the 
        Secretary of the death of the veteran through a death 
        certificate or other relevant evidence that establishes 
        entitlement to survivors' benefits identified in clause 
        (i).
          (II) The head of any other department or agency of 
        the Federal Government notifies the Secretary of the 
        death of the veteran.
  (iii) In notifying the Secretary of the death of a veteran as 
described in clause (ii)(I), the survivor (or the 
representative of such a survivor) may submit to the Secretary 
additional documents relating to such death without being 
required to file a formal claim.
  (2) If an individual has not attained the age of 18 years, is 
mentally incompetent, or is physically unable to sign a form, a 
form filed under paragraph (1) for the individual may be signed 
by a court-appointed representative, a person who is 
responsible for the care of the individual, including a spouse 
or other relative, or an attorney in fact or agent authorized 
to act on behalf of the individual under a durable power of 
attorney. If the individual is in the care of an institution, 
the manager or principal officer of the institution may sign 
the form.
  (b)(1) A claim by a surviving spouse or child for 
compensation or dependency and indemnity compensation shall 
also be considered to be a claim for death pension and accrued 
benefits, and a claim by a surviving spouse or child for death 
pension shall be considered to be a claim for death 
compensation (or dependency and indemnity compensation) and 
accrued benefits.
  (2) A claim by a parent for compensation or dependency and 
indemnity compensation shall also be considered to be a claim 
for accrued benefits.
  (c)(1) Any person who applies for, signs a form on behalf of 
an individual to apply for, or is in receipt of any 
compensation or pension benefit under laws administered by the 
Secretary shall, if requested by the Secretary, furnish the 
Secretary with the social security number of such person, or 
TIN in the case that the person is not an individual, and the 
social security number of any claimant, dependent, or 
beneficiary on whose behalf, or based upon whom, such person 
applies for or is in receipt of such benefit. A person is not 
required to furnish the Secretary with a social security number 
for any person to whom a social security number has not been 
assigned.
  (2) The Secretary shall deny the application of or terminate 
the payment of compensation or pension to a person who fails to 
furnish the Secretary with a social security number or TIN 
required to be furnished pursuant to paragraph (1) of this 
subsection. The Secretary may thereafter reconsider the 
application or reinstate payment of compensation or pension, as 
the case may be, if such person furnishes the Secretary with 
such social security number or TIN.
  (3) The costs of administering this subsection shall be paid 
for from amounts available to the Department of Veterans 
Affairs for the payment of compensation and pension.
  (d)(1) The Secretary shall publish in a central location on 
the internet website of the Department--
          (A) the disability benefit questionnaire forms of the 
        Department for the submittal of evidence from non-
        Department medical providers regarding a disability of 
        a claimant, including any form or process that replaces 
        any such disability benefit questionnaire form, 
        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; and
          (B) details about the process used by the Department 
        for submittal of evidence described in subparagraph 
        (A).
  (2) Subject to section 6103 of this title, if the Secretary 
updates a form described in paragraph (1)(A), the Secretary 
shall--
          (A) accept the previous version of the form filed by 
        a claimant if--
                  (i) the claimant provided to the non-
                Department medical provider the previous 
                version of the form before the date on which 
                the updated version of the form was made 
                available; and
                  (ii) the claimant files the previous version 
                of the form during the one-year period 
                following the date the form was completed by 
                the non-Department medical provider;
          (B) request from the claimant (or from a non-
        Department medical provider if the claimant has 
        authorized the provider to share health information 
        with the Secretary) any other information that the 
        updated version of the form requires; and
          (C) apply the laws and regulations required to 
        adjudicate the claim as if the claimant filed the 
        updated version of the form.
  (3) The Secretary may waive any interagency approval process 
required to approve a modification to a disability benefit 
questionnaire form if such requirement only applies by reason 
of the forms being made public.
  (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.
  (e) In this section:
          (1) The term ``mentally incompetent'' with respect to 
        an individual means that the individual lacks the 
        mental capacity--
                  (A) to provide substantially accurate 
                information needed to complete a form; or
                  (B) to certify that the statements made on a 
                form are true and complete.
          (2) The term ``TIN'' has the meaning given the term 
        in section 7701(a)(41) of the Internal Revenue Code of 
        1986.
          (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.

           *       *       *       *       *       *       *


PART V--BOARDS, ADMINISTRATIONS, AND SERVICES

           *       *       *       *       *       *       *


                 CHAPTER 71--BOARD OF VETERANS' APPEALS

Sec.
7101. Composition of Board of Veterans' Appeals.
     * * * * * * *
7114. Internship program.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

           *       *       *       *       *       *       *


SUBCHAPTER I--ORGANIZATION AND JURISDICTION

           *       *       *       *       *       *       *


Sec. 7253. Composition

  (a) Composition.--The Court of Appeals for Veterans Claims is 
composed of at least three and not more than [seven] nine 
judges, one of whom shall serve as chief judge in accordance 
with subsection (d).
  (b) Appointment.--The judges of the Court shall be appointed 
by the President, by and with the advice and consent of the 
Senate, solely on the grounds of fitness to perform the duties 
of the office. A person may not be appointed to the Court who 
is not a member in good standing of the bar of a Federal court 
or of the highest court of a State. Not more than the number 
equal to the next whole number greater than one-half of the 
number of judges of the Court may be members of the same 
political party.
  (c) Term of Office.--The term of office of the judges of the 
Court of Appeals for Veterans Claims shall be 15 years. A judge 
who is nominated by the President for appointment to an 
additional term on the Court without a break in service and 
whose term of office expires while that nomination is pending 
before the Senate may continue in office for up to 1 year while 
that nomination is pending.
  (d) Chief Judge.--(1) The chief judge of the Court is the 
head of the Court. The chief judge of the Court shall be the 
judge of the Court in regular active service who is senior in 
commission among the judges of the Court who--
          (A) have served for one or more years as judges of 
        the Court;
          (B) have at least 3 years remaining in term of 
        office; and
          (C) have not previously served as chief judge.
  (2)(A) In any case in which there is no judge of the Court in 
regular active service who meets the requirements under 
paragraph (1), the judge of the Court in regular active service 
who is senior in commission and meets subparagraph (A) or (B) 
and subparagraph (C) of paragraph (1) shall act as the chief 
judge.
  (B) In any case under subparagraph (A) of this paragraph in 
which there is no judge of the Court in regular active service 
who meets subparagraph (A) or (B) and subparagraph (C) of 
paragraph (1), the judge of the Court in regular active service 
who is senior in commission and meets subparagraph (C) shall 
act as the chief judge.
  (3) Except as provided in paragraph (4), a judge of the Court 
shall serve as the chief judge under paragraph (1) for a term 
of five years or until the judge becomes age 70, whichever 
occurs first. If no other judge is eligible under paragraph (1) 
to serve as chief judge upon the expiration of that term, that 
judge shall continue to serve as chief judge until another 
judge becomes eligible under that paragraph to serve as chief 
judge.
  (4)(A) The term of a chief judge shall be terminated before 
the end of the term prescribed by paragraph (3) if--
          (i) the chief judge leaves regular active service as 
        a judge of the Court; or
          (ii) the chief judge notifies the other judges of the 
        Court in writing that such judge desires to be relieved 
        of the duties of chief judge.
  (B) The effective date of a termination of the term under 
subparagraph (A) shall be the date on which the chief judge 
leaves regular active service or the date of the notification 
under subparagraph (A)(ii), as the case may be.
  (5) If a chief judge is temporarily unable to perform the 
duties of chief judge, those duties shall be performed by the 
judge of the Court in active service who is present, able and 
qualified to act, and is next in precedence.
  (6) Judges who have the same seniority in commission shall be 
eligible for service as chief judge in accordance with their 
relative precedence.
  (e) Salary.--Each judge of the Court shall receive a salary 
at the same rate as is received by judges of the United States 
district courts.
  (f) Removal.--(1) A judge of the Court may be removed from 
office by the President on grounds of misconduct, neglect of 
duty, engaging in the practice of law, or violating section 
7255(c) of this title. A judge of the Court may not be removed 
from office by the President on any other ground.
  (2) Before a judge may be removed from office under this 
subsection, the judge shall be provided with a full 
specification of the reasons for the removal and an opportunity 
to be heard.
  (g) Rules.--(1) The Court shall prescribe rules, consistent 
with the provisions of chapter 16 of title 28, establishing 
procedures for the filing of complaints with respect to the 
conduct of any judge of the Court and for the investigation and 
resolution of such complaints. In investigating and taking 
action with respect to any such complaint, the Court shall have 
the powers granted to a judicial council under such chapter.
  (2) The provisions of sections 354(b) through 360 of title 
28, regarding referral or certification to, and petition for 
review in, the Judicial Conference of the United States and 
action thereon, shall apply to the exercise by the Court of the 
powers of a judicial council under paragraph (1) of this 
subsection. The grounds for removal from office specified in 
subsection (f)(1) shall provide a basis for a determination 
pursuant to section 354(b) or 355 of title 28, and 
certification and transmittal by the Conference shall be made 
to the President for consideration under subsection (f).
  (3)(A) In conducting hearings pursuant to paragraph (1), the 
Court may exercise the authority provided under section 1821 of 
title 28 to pay the fees and allowances described in that 
section.
  (B) The Court shall have the power provided under section 361 
of title 28 to award reimbursement for the reasonable expenses 
described in that section. Reimbursements under this 
subparagraph shall be made from funds appropriated to the 
Court.
  (h) Temporary Expansion of Court.--(1) During the period from 
January 1, 2002, through August 15, 2005, the authorized number 
of judges of the Court specified in subsection (a) is increased 
by two.
  (2)(A) Of the two additional judges authorized by this 
subsection--
          (i) only one may be appointed pursuant to a 
        nomination made in 2002; and
          (ii) only one may be appointed pursuant to a 
        nomination made in 2003.
  (B) If a judge is not appointed under this subsection 
pursuant to a nomination made in 2002, a judge may be appointed 
under this subsection pursuant to a nomination made in 2004. If 
a judge is not appointed under this subsection pursuant to a 
nomination made in 2003, a judge may be appointed under this 
subsection pursuant to a nomination made in 2004. In either 
case, such an appointment may be made only pursuant to a 
nomination made before October 1, 2004.
  (3) The term of office and the eligibility for retirement of 
a judge appointed under this subsection, other than a judge 
described in paragraph (4), are governed by the provisions of 
section 1012 of the Court of Appeals for Veterans Claims 
Amendments of 1999 (title X of Public Law 106-117; 113 Stat. 
1590; 38 U.S.C. 7296 note) if the judge is one of the first two 
judges appointed to the Court after November 30, 1999.
  (4) A judge of the Court as of December 27, 2001, who was 
appointed to the Court before January 1, 1991, may accept 
appointment as a judge of the Court under this subsection 
notwithstanding that the term of office of the judge on the 
Court has not yet expired under this section. The term of 
office of an incumbent judge who receives an appointment as 
described in the preceding sentence shall be 15 years, which 
includes any period remaining in the unexpired term of the 
judge. Any service following an appointment under this 
subsection shall be treated as though served as part of the 
original term of office of that judge on the Court.
  (5) Notwithstanding paragraph (1), an appointment may not be 
made to the Court if the appointment would result in there 
being more than seven judges on the Court who were appointed 
after January 1, 1997. For the purposes of this paragraph, a 
judge serving in recall status under section 7257 of this title 
shall be disregarded in counting the number of judges appointed 
to the Court after such date.
  (i) Additional Temporary Expansion of Court.--(1) Subject to 
paragraph (2), effective as of December 31, 2009, the 
authorized number of judges of the Court specified in 
subsection (a) is increased by two.
  (2) Effective as of January 1, 2026, an appointment may not 
be made to the Court if the appointment would result in there 
being more judges of the Court than the authorized number of 
judges of the Court specified in subsection (a).

           *       *       *       *       *       *       *


                                  [all]