What This Bill Does
This bill creates an internship program for law students at the Board of Veterans' Appeals. It also establishes a nine-year pilot program to hire and train recent law school graduates and entry-level attorneys at the Department of Veterans Affairs. The bill requires reports on how to improve video hearings for veterans.
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Who It Affects
- Law students from American Bar Association accredited law schools
- Recent law school graduates and entry-level attorneys
- The Department of Veterans Affairs (also called the Secretary of Veterans Affairs)
- Veterans who participate in Board of Veterans' Appeals hearings
- Senate and House Committees on Veterans' Affairs
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Key Provisions
- The Secretary must create a competitive internship program within the Board of Veterans' Appeals for high-achieving law school students to gain experience. (Sec. 2)
- The Secretary must establish a nine-year pilot honors program to recruit and hire high-achieving law school students, recent graduates, and entry-level attorneys for the Department. (Sec. 3)
- Participants in the honors program can receive student loan repayment benefits if they agree to work for the Department for at least three years, or repay the benefits if they leave early or are fired for misconduct. (Sec. 3)
- The Department must assign each pilot program participant a mentor and give them at least one assignment in the Office of General Counsel lasting between 120 and 180 days. (Sec. 3)
- The Secretary must report to Congress every three years about whether the honors program should become permanent. (Sec. 3)
- The Secretary must submit a report on ways to improve veteran access to video hearings at the Board of Veterans' Appeals, including whether to pay for veteran travel expenses. (Sec. 4)
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What Changes
If this bill becomes law, the Board of Veterans' Appeals will begin accepting law student interns. The Department of Veterans Affairs will start a nine-year pilot program hiring recent law graduates and entry-level lawyers. These new employees can receive help paying back student loans if they commit to working for the Department. Congress will receive reports assessing whether these programs should continue permanently and how to improve video hearing access for veterans.
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Important Definitions
- Accredited by the American Bar Association: law schools recognized as meeting national standards set by the American Bar Association (a professional organization for lawyers)
- Board of Veterans' Appeals: the part of the Department of Veterans Affairs that decides appeals from veterans about benefits decisions
- Telehearings: hearings held by picture and voice transmission (video conferencing)
- Pilot program: a test program run for a limited time to see if something works
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1378
To amend title 38, United States Code, to establish an internship program
within the Board of Veterans’ Appeals, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 7, 2023
Mr. CISCOMANI (for himself, Mr. MCGARVEY, Mrs. MILLER-MEEKS, Mrs.
KIGGANS of Virginia, and Ms. BUDZINSKI) introduced the following bill;
which was referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to establish an
internship program within the Board of Veterans’ Ap-
peals, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
This Act may be cited as the ‘‘Veterans’ Appeals
4
Backlog Improvement Act’’.
5
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•HR 1378 IH
SEC. 2. BOARD OF VETERANS’ APPEALS INTERNSHIP PRO-
1
GRAM.
2
(a) IN GENERAL.—Chapter 71 of title 38, United
3
States Code, is amended by adding at the end the fol-
4
lowing new section:
5
‘‘§ 7114. Internship program
6
‘‘The Secretary shall establish a competitive intern-
7
ship program within the Department for the purpose of
8
providing an opportunity for high-achieving students at
9
law schools accredited by the American Bar Association
10
to gain experience with the Board.’’.
11
(b) CLERICAL AMENDMENT.—The table of sections
12
at the beginning of chapter 71 of such title is amended
13
by adding at the end the following new item:
14
‘‘7114. Internship program.’’.
(c) DEADLINE.—The Secretary of Veterans Affairs
15
shall establish the internship program required by section
16
7114 of such title, as added by subsection (a), not later
17
than one year after the date of the enactment of this Act.
18
SEC. 3. PILOT PROGRAM ON ESTABLISHMENT OF DEPART-
19
MENT OF VETERANS AFFAIRS HONORS PRO-
20
GRAM.
21
(a) ESTABLISHMENT.—Not later than one year after
22
the date of the enactment of this Act, the Secretary of
23
Veterans Affairs shall establish a nine-year pilot program
24
under which the Secretary shall carry out a competitive
25
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•HR 1378 IH
honors program within the Department of Veterans Af-
1
fairs for the purpose of recruiting high-achieving law
2
school students, recent law school graduates, and entry-
3
level attorneys for employment with the Department.
4
(b) QUALIFICATIONS.—To be eligible to participate
5
in the competitive honors program under the pilot pro-
6
gram, an individual shall have graduated from a law
7
school accredited by the American Bar Association and
8
shall be a member in good standing of the bar of a state,
9
territory, or the District of Columbia. The Secretary shall
10
give priority consideration in application for the honors
11
program to individuals who successfully complete the in-
12
ternship program established under section 7114 of title
13
38, United States Code, as added by section 2(a).
14
(c) STUDENT LOAN REPAYMENT BENEFITS.—
15
(1) IN
GENERAL.—Subject to an agreement
16
under paragraph (2), the Secretary shall provide
17
student loan repayment benefits under section 5379
18
of title 5, United States Code, to each participant in
19
the pilot program who is eligible for student loan re-
20
payment benefits under such section.
21
(2) PARTICIPANT AGREEMENT.—The Secretary
22
shall enter into an agreement with each participant
23
in the pilot program who will receive benefits de-
24
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•HR 1378 IH
scribed in paragraph (1), in accordance with such
1
section. Each such agreement shall specify that—
2
(A) the participant agrees to remain in the
3
service of the Department for a period of not
4
less than three years, unless involuntarily sepa-
5
rated, in accordance with subsection (c) of such
6
section; and
7
(B) if separated involuntarily on account
8
of misconduct, or voluntarily, before the end of
9
the period specified in the agreement, the par-
10
ticipant shall repay to the Government the
11
amount of any benefits received by the indi-
12
vidual from the Department in accordance with
13
subsection (c) of such section 5379.
14
(d) PROFESSIONAL DEVELOPMENT ACTIVITIES.—
15
(1) ASSIGNMENT OF MENTORS.—Not later than
16
90 days after the date on which an individual begins
17
participating in the pilot program established under
18
subsection (a), the Secretary shall assign the partici-
19
pant a mentor who is an employee of the Depart-
20
ment who is—
21
(A) to the extent practicable, a managerial
22
employee; and
23
(B) outside the participant’s chain of com-
24
mand.
25
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•HR 1378 IH
(2) ASSIGNMENTS
TO
OFFICE
OF
GENERAL
1
COUNSEL.—The Secretary shall provide each partici-
2
pant in the pilot program at least one assignment
3
within the Office of General Counsel of the Depart-
4
ment that includes full-time legal responsibilities in
5
order to further the professional development of the
6
participant. Such assignment shall be for a period of
7
not less than 120 days and not more than 180 days,
8
or longer at the discretion of the Secretary.
9
(3) OTHER
ROTATIONAL
ASSIGNMENTS.—The
10
Secretary may provide a participant in the pilot pro-
11
gram one or more other short-term rotational as-
12
signments. Such an assignment shall be for a period
13
of not less than 30 days and not more than 180
14
days, at the discretion of the Secretary.
15
(e) PERIODIC REPORTS.—
16
(1) REPORTS REQUIRED.—Not later than three
17
years after the date on which the Secretary first ac-
18
cepts a participant into the competitive honors pro-
19
gram carried out under the pilot program, and not
20
less frequently than once every three years there-
21
after for the duration of the pilot program, the Sec-
22
retary shall submit to the Committee on Veterans’
23
Affairs of the Senate and the Committee on Vet-
24
erans’ Affairs of the House of Representatives a re-
25
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•HR 1378 IH
port on the findings of the Secretary with respect to
1
the pilot program.
2
(2) CONTENTS.—Each report submitted under
3
paragraph (1) shall include the following:
4
(A) The findings of the Secretary with re-
5
spect to the feasibility and advisability of estab-
6
lishing a permanent competitive honors pro-
7
gram within the Department.
8
(B) Such recommendations as the Sec-
9
retary may have for legislative or administrative
10
action to improve recruitment and retention of
11
staff at the Department.
12
SEC. 4. REPORT ON IMPROVING ACCESS TO BOARD OF VET-
13
ERANS’ APPEALS TELEHEARINGS.
14
(a) IN GENERAL.—Not later than 180 days after the
15
date of the enactment of this Act, the Secretary of Vet-
16
erans Affairs shall submit to the Committee on Veterans’
17
Affairs of the Senate and the Committee on Veterans’ Af-
18
fairs of the House of Representatives a report on improv-
19
ing access to hearings before the Board of Veterans’ Ap-
20
peals held by picture and voice transmission.
21
(b) CONTENTS.—The report required by subsection
22
(a) shall include the following:
23
(1) Recommendations on the feasibility and ad-
24
visability of reimbursing veterans for expenses in-
25
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•HR 1378 IH
curred for travel from the home of a veteran to the
1
location at which a hearing before the Board of Vet-
2
erans’ Appeals is held by picture and voice trans-
3
mission, if the Secretary determines that travel to
4
such location is reasonably necessary for such a
5
hearing.
6
(2) Recommendations on establishment of pilot
7
programs to assess the feasibility and advisability of
8
using other methods that could improve veteran ac-
9
cess to hearings before the Board of Veterans’ Ap-
10
peals held by picture and voice transmission from a
11
veteran’s home.
12
(3) Such other recommendations to improve ac-
13
cess to hearings before the Board of Veterans’ Ap-
14
peals held by picture and voice transmission as the
15
Secretary may receive from stakeholders.
16
Æ
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