[Congressional Record Volume 140, Number 75 (Wednesday, June 15, 1994)]
[Senate]
[Page S]
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[Congressional Record: June 15, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
BOARD OF VETERANS' APPEALS ADMINISTRATIVE PROCEDURES IMPROVEMENT ACT OF 
                                  1994

  Mr. FORD. Mr. President, I ask that the Chair lay before the Senate a 
message from the House of Representatives on (S. 1904) a bill to amend 
title 38, United States Code, to improve the organization and 
procedures of the Board of Veterans' Appeals.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 1904) entitled 
     ``An Act to amend title 38, United States Code, to improve 
     the organization and procedures of the Board of Veterans' 
     Appeals'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Board of Veterans' Appeals 
     Administrative Procedures Improvement Act of 1994''.

     SEC. 2. NUMBER OF MEMBERS OF BOARD OF VETERANS' APPEALS.

       Section 7101(a) of title 38, United States Code, is amended 
     by striking out ``(not more than 65)''.

     SEC. 3. ETHICAL AND LEGAL LIMITATIONS ON CHAIRMAN.

       Section 7101(b)(1) of title 38 United States Code, is 
     amended by inserting after the first sentence the following 
     new sentence: ``The Chairman shall be subject to the same 
     ethical and legal limitations and restrictions concerning 
     involvement in political activities as apply to judges of the 
     United States Court of Veterans Appeals.''.

     SEC. 4. ACTING AND TEMPORARY MEMBERS OF BOARD OF VETERANS' 
                   APPEALS.

       (a) In General.--Subsection (c) of section 7101 of title 
     38, United States Code, is amended--
       (1) by striking out paragraph (1) and inserting in lieu 
     thereof the following:
       ``(1)(A) The Chairman may from time to time designate one 
     or more employees of the Department to serve as acting 
     members of the Board. Except as provided in subparagraph (B), 
     any such designation shall be for a period not to exceed 90 
     days, as determined by the Chairman.
       ``(B) An individual designated as an acting member of the 
     Board may continue to serve as an acting member of the Board 
     in the making of any determination on a proceeding for which 
     the individual was designated as an acting member of the 
     Board, notwithstanding the termination of the period of 
     designation of the individual as an acting member of the 
     Board under subparagraph (A) or (C).
       ``(C) An individual may not serve as an acting member of 
     the Board for more than 270 days during any one-year period.
       ``(D) At no time may the number of acting members exceed 20 
     percent of the total of the number of Board members and 
     acting Board members combined.'';
       (2) by striking out paragraph (2);
       (3) by redesignating paragraph (3) as paragraph (2); and
       (4) in paragraph (2), as so redesignated, by striking out 
     ``the number of temporary Board members'' and all that 
     follows through the period at the end and inserting in lieu 
     thereof ``the number of acting members of the Board 
     designated under such paragraph (1) during the year for which 
     the report is made.''.
       (b) Conforming Amendments.--(1) Subsection (e) of such 
     section is amended by striking out ``a temporary or'' and 
     inserting in lieu thereof ``an''.
       (2) Subsection (d)(3)(B) of such section is amended by 
     striking ``section 7103(d)'' and inserting in lieu thereof 
     ``section 7101(a)''.

     SEC. 5. CHAIRMAN'S ANNUAL REPORT ON BOARD ACTIVITIES.

       Section 7101(d)(2) of title 38, United States Code, is 
     amended--
       (1) by striking out ``and'' at the end of subparagraph (D);
       (2) by striking out the period at the end of subparagraph 
     (E) and inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) the number of employees of the Department designated 
     under subsection (c)(1) to serve as acting members of the 
     Board during that year and the number of cases in which each 
     such member participated during that year.''.

     SEC. 6. DECISIONS BY THE BOARD.

       (a) Action By BVA.--Sections 7102 and 7103 of title 38, 
     United States Code, are amended to read as follows:

     ``Sec. 7102. Assignment of members of Board

       ``(a) A proceeding instituted before the Board may be 
     assigned to an individual member of the Board or to a panel 
     of not less than three members of the Board. A member or 
     panel assigned a proceeding shall make a determination 
     thereon, including any motion filed in connection therewith. 
     The member or panel, as the case may be, shall make a report 
     under section 7104(d) of this title on any such 
     determination, which report shall constitute the final 
     disposition of the proceeding by the member or panel.
       ``(b) A proceeding may not be assigned to the Chairman as 
     an individual member. The Chairman may participate in a 
     proceeding assigned to a panel or in a reconsideration 
     assigned to a panel of members.

     ``Sec. 7103. Reconsideration; correction of obvious errors

       ``(a) The decision of the Board determining a matter under 
     section 7102 of this title is final unless the Chairman 
     orders reconsideration of the decision in accordance with 
     subsection (b). Such an order may be made on the Chairman's 
     initiative or upon motion of the claimant.
       ``(b)(1) Upon the order of the Chairman for reconsideration 
     of the decision in a case, the case shall be referred--
       ``(A) in the case of a matter originally heard by a single 
     member of the Board, to a panel of not less than three 
     members of the Board; or
       ``(B) in the case of a matter originally heard by a panel 
     of members of the Board, to an enlarged panel of the Board.
       ``(2) A panel referred to in paragraph (1) may not include 
     the member, or any member of the panel, that made the 
     decision subject to reconsideration.
       ``(3) A panel reconsidering a case under this subsection 
     shall render its decision after reviewing the entire record 
     before the Board. The decision of the panel shall be made by 
     a majority vote of the members of the panel. The decision of 
     the panel shall constitute the final decision of the Board.
       ``(c) The Board on its own motion may correct an obvious 
     error in the record, without regard to whether there has been 
     a motion or order for reconsideration.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 71 of such title is amended by striking 
     out the item relating to section 7103 and inserting in lieu 
     thereof the following:

``7103. Reconsideration; correction of obvious errors.''.

     SEC. 7. PROCEDURES RELATING TO APPEALS.

       (a) In General.--(1) Section 7107 of title 38, United 
     States Code, is amended to read as follows:

     ``Sec. 7107. Appeals: dockets; hearings

       ``(a)(1) Each case received pursuant to application for 
     review on appeal shall be considered and decided in regular 
     order according to its place upon the docket.
       ``(2) A case referred to in paragraph (1) may, for cause 
     shown, be advanced on motion for earlier consideration and 
     determination. Any such motion shall set forth succinctly the 
     grounds upon which it is based and may not be granted unless 
     the case involves interpretation of law of general 
     application affecting other claims or for other sufficient 
     cause shown.
       ``(b) The Board shall decide any appeal only after 
     affording the appellant an opportunity for a hearing.
       ``(c) A hearing docket shall be maintained and formal 
     recorded hearings shall be held by such member or members of 
     the Board as the Chairman may designate. Such member or 
     members designated by the Chairman to conduct the hearing 
     shall, except in the case of a reconsideration of a decision 
     under section 7103 of this title, participate in making the 
     final determination of the claim.
       ``(d)(1) An appellant may request that a hearing before the 
     Board be held at its principal location or at a facility of 
     the Department located within the area served by a regional 
     office of the Department.
       ``(2) A hearing to be held within an area served by a 
     regional office of the Department shall (except as provided 
     in paragraph (3)) be scheduled to be held in the order in 
     which requests for hearings within that area are received by 
     the Department.
       ``(3) In a case in which the Secretary is aware that the 
     appellant is seriously ill or is under severe financial 
     hardship, a hearing may be scheduled at a time earlier than 
     would be provided for under paragraph (2).
       ``(e)(1) At the request of the Chairman, the Secretary may 
     provide suitable facilities and equipment to the Board or 
     other components of the Department to enable an appellant 
     located at a facility within the area served by a regional 
     office to participate, through voice transmission or through 
     picture and voice transmission, by electronic or other means, 
     in a hearing with a Board member or members sitting at the 
     Board's principal location.
       ``(2) When such facilities and equipment are available, the 
     Chairman may afford the appellant an opportunity to 
     participate in a hearing before the Board through the use of 
     such facilities and equipment in lieu of a hearing held by 
     personally appearing before a Board member or panel as 
     provided in subsection (d). Any such hearing shall be 
     conducted in the same manner as, and shall be considered the 
     equivalent of, a personal hearing. If the appellant declines 
     to participate in a hearing through the use of such 
     facilities and equipment, the opportunity of the appellant to 
     a hearing as provided in such subsection (d) shall not be 
     affected.''.
       (2) The item relating to section 7107 in the table of 
     sections at the beginning of chapter 71 of such title is 
     amended to read as follows:

``7107. Appeals: dockets; hearings.''.
       (b) Conforming Amendments.--(1) Section 7104(a) of such 
     title is amended by striking out the third sentence.
       (2) Section 7110 of such title is repealed.
       (3) The table of sections at the beginning of chapter 71 of 
     such title is amended by striking out the item relating to 
     section 7110.

     SEC. 8. CROSS-REFERENCE CORRECTION.

       Section 7104(a) of title 38, United States Code, is amended 
     by striking out ``211(a)'' and inserting in lieu thereof 
     ``511(a)''.

     SEC. 9. REVISION TO INCOME VERIFICATION REQUIREMENTS.

       (a) Parents DIC.--Section 1315(e) of title 38, United 
     States Code, is amended--
       (1) in the first sentence--
       (A) by striking out ``shall'' and inserting in lieu thereof 
     ``may''; and
       (B) by striking out ``each year'' and inserting in lieu 
     thereof ``for a calendar year''; and
       (2) in the second sentence--
       (A) by striking out ``file with the Secretary a revised 
     report'' and inserting in lieu thereof ``notify the 
     Secretary''; and
       (B) by striking out ``the estimated''.
       (b) Pension.--Section 1506 of such title is amended--
       (1) in paragraph (2)--
       (A) by striking out ``shall'' and inserting in lieu thereof 
     ``may''; and
       (B) by striking out ``each year'' and inserting in lieu 
     thereof ``for a calendar year''; and
       (2) in paragraph (3)--
       (A) by striking out ``file a revised report'' and inserting 
     in lieu thereof ``notify the Secretary'';
       (B) by striking out ``estimated'' each place it appears; 
     and
       (C) by striking out ``such applicant's or recipient's 
     estimate of''.

  Mr. ROCKEFELLER. Mr. President, as chairman of the Committee on 
Veterans' Affairs, I am delighted that the Senate is considering S. 
1904, a bill to improve the organization and procedures of the Board of 
Veterans' Appeals [BVA], as passed with amendments by the House of 
Representatives. I urge my colleagues to give their unanimous support 
to this bill, which would amend certain provisions of title 38, United 
States Code, affecting the operation and procedures of the Board of 
Veterans' Appeals.
  Mr. President, the Senate passed this measure on April 21, 1994. My 
statement in support of Senate passage appears in the Record on that 
day, beginning on page S4758. On November 22, 1993, the House passed 
H.R. 3400, which included provisions substantively similar to the 
provisions in S. 1904. The House and Senate Committees on Veterans' 
Affairs reached an agreement with respect to these provisions, 
reflected in this amendment to S. 1904. I am pleased to note that all 
of the provisions that were contained in the Senate-passed version of 
the bill are included in the compromise.
  Mr. President, as I have said a number of times in recent months, the 
VA adjudication system currently is in a crisis situation, both at the 
regional office level and at the BVA. Put simply, the system is 
completely broken. If we do not begin to address the existing problems 
now, the situation promises only to worsen.
  Mr. President, my primary goal as chairman of the Committee on 
Veterans' Affairs is to ensure that all veterans and their family 
members who look to VA for assistance receive quality services from 
VA--no matter what benefit they seek. VA exists solely to serve this 
Nation's veterans and their families. We in Congress are obligated to 
make sure the Department fulfills this mission in every respect.
  At the heart of VA's mission is fair, efficient, and timely 
adjudication of benefit claims. Timeliness is simply vital. Currently, 
however, VA is not living up to this aspect of its responsibilities.
  Mr. President, a veteran currently waits over 200 days for a decision 
on an original compensation claim, and about 2 years for a decision on 
appeal. That is unconscionable.
  Mr. President, BVA's current problems were caused by a number of 
factors and will require long-term, fundamental changes. However, there 
are certain immediate changes Congress can institute that would allow 
the Board to begin to reduce its present backlog and improve its 
decisionmaking timeliness. The pending measure would authorize some of 
those changes and would begin to address some of the present problems 
at the VA appellate level.
  I am committed to finding permanent solutions to the problems faced 
by BVA, but in the interim, the measures in this bill offer some 
immediate, short-term solutions to the ever-increasing average response 
time at the Board. Some of these provisions were specifically requested 
by the Secretary of Veterans Affairs and the Chairman of BVA. VA 
indicates that these provisions will allow BVA to increase its 
productivity and thereby immediately begin to reduce the time it 
currently takes the Board to make a decision on appeal.
  Mr. President, section 2 of this bill would amend section 7101(a) of 
title 38 to remove the 65-member limitation on the number of members 
that may be appointed to the Board. Removing this limitation means that 
the size of the Board may increase as necessary, restrained only by the 
appropriation of funds.
  Section 3 of this bill would provide that the Chairman of the Board 
is subject to the same ethical and legal limitations and restrictions 
regarding involvement in political activities as judges on the United 
States Court of Veterans Appeals. These limitations and restrictions 
are found in Canon 7--A Judge Should Refrain from Political Activity--
of the Codes of Conduct for Judges and Judicial Employees, issued by 
the Judicial Conference of the United States. Current law places no 
such restrictions on the Chairman specifically with respect to 
political activities.

  Mr. President, section 4 of this measure would remove the current 
provision giving the Chairman of BVA authority to appoint temporary 
Board members and move the authority to appoint acting members from 
current section 7102 to section 7101, while keeping intact the present 
limitation on the amount of time an individual can serve as an acting 
member. However, the provision would specifically allow acting members 
of the Board to complete work on any pending cases, notwithstanding 
that time limitation.
  The Board has informed the Committee that the Chairman does not use 
the existing authority to appoint temporary members. Because the 
Chairman has the authority under current law to appoint acting members, 
the appointment of temporary members apparently is unnecessary, 
Removing this authority would simply amend the law to conform with 
current practice.
  Section 5 of this bill would require the Chairman to include in the 
annual report on Board activities, mandated by section 7101(d), 
information concerning acting members appointed during the year.
  Section 6 of this legislation would amend section 7102 of title 38 to 
allow the Chairman of BVA to assign an appeal to a single member or to 
a panel of members consisting of at least three members. Under current 
law, appeals have to be assigned to a panel of at least three members. 
According to VA, the authority to issue single-member decisions would 
increase Board productivity by 27 percent. In turn, this increase in 
productivity would contribute to a reduction in the time it takes BVA 
to make a decision on appeal. The Board has estimated that if this 
authority were to be fully effective in June 1994, the average response 
time would be reduced to 600 days by the end of May 1995, instead of 
almost 850 days, which BVA estimates it would be if the requirement of 
three-member decisions remains in effect.
  Amended section 7102 also would provide that reconsideration of a 
case must be assigned to a panel of members if the original appeal was 
decided by a single member, and to an enlarged panel of members if the 
original appeal was decided by a panel. In either case, the panel 
carrying out the reconsideration could not include any Board member who 
was involved in deciding the original appeal.
  Section 6 would allow the Chairman to participate in a proceeding on 
appeal or on reconsideration, but only as a member of a panel, and not 
as an individual member.
  Section 7 would allow the Board to use electronic or other 
technological means to conduct hearings from VA's central office in 
Washington, D.C., while the veteran is located in a local regional 
office or other VA facility. Section 7 also would provide that if an 
appellant is seriously ill or is under severe financial hardship, the 
hearing may be held earlier that it otherwise would be. The provisions 
in this section are intended to help move the hearing process more 
easily and quickly.
  Mr. President, section 9 of this legislation would amend section 1506 
of title 38 to eliminate the statutory requirement that pension 
recipients file income reports. Under current law, VA must require 
income reports for purposes of pension eligibility. This measure would 
give VA discretionary authority to require the submission of income 
questionnaires as it deems necessary. Further, the bill would also 
amend section 1506 to provide that when there is any change in income 
or in the value of the corpus of the individual's estate, the 
individual would be required to notify VA of the change, rather than 
file a revised income report as currently required.
  Section 9 also includes a provision that would eliminate the 
statutory requirement for income reports for purposes of eligibility 
for parents' DIC, likewise giving VA discretionary authority to require 
the submission of income reports by recipients of this needs-based 
benefit.

  Mr. President, VA has computer matching programs with the Internal 
Revenue Service [IRS] and the Social Security Administration [SSA] for 
income verification purposes, therefore, an income report is no longer 
necessary in every case. Allowing VA this discretionary authority would 
help to free up significant resources which are used to request and 
process these reports.
  Mr. President, this bill would address three provisions requested by 
Secretary Brown to alleviate the Board's backlog. Specifically, in a 
February 10, 1994, letter, Secretary Brown asked for my assistance in 
the enactment of measures that would (1) remove the limit on the number 
of Board members, (2) allow the Chairman of BVA to assign appeals to 
one member of the Board for disposition, and (3) remove the limitation 
on the time an acting member may serve.
  This bill includes the first two of the statutory provisions 
requested by the Secretary, as well as a provision that addresses the 
concerns that led to his request for the third provision.
  Mr. President, the amendments in S. 1904 are vital. Passage of this 
legislation would represent the beginning of an improved appeals 
system, the effects of which veterans would start to feel immediately. 
Our Nation's veterans have a fundamental right to efficient processing 
of their claims for benefits--benefits they earned through their 
military service. I stand committed to working over the long term to 
ensure this right, but in the meantime, I strongly believe the 
provisions in this bill are a step in the right direction. I urge all 
of my Senate colleagues to support this bill.
  Mr. President, I want to express my sincere gratitude and 
appreciation to the distinguished ranking Republican member of the 
Senate Committee, Mr. Murkowski, all other members of this Committee, 
the chairman of the House Committee on Veterans' Affairs, Mr. 
Montgomery, and the members of his committee for the cooperative effort 
to enact these measures quickly.
  Mr. President, I urge the Senate to give its unanimous approval to 
this measure so that it can go to the President for his signature.
  Mr. President, I ask unanimous consent that a detailed explanatory 
statement prepared by the two Veterans' Affairs Committees that 
explains the provisions of the compromise appear in the Record.
  There being no objection, the statement was ordered to be printed in 
the Record, as follows:

                    Explanatory Statement on S. 1904

       S. 1904 reflects a compromise agreement that the Senate and 
     House of Representatives Committees on Veterans' Affairs have 
     reached on certain bills considered in the Senate and the 
     House of Representatives during the 103d Congress. These are 
     Subtitle D of Title XII of H.R. 3400, which the House passed 
     on November 22, 1993 (hereinafter referred to as ``House 
     bill''), and S. 1904, which the Senate passed on April 21, 
     1994 (hereinafter referred to as ``Senate bill'').
       The Committees on Veterans' Affairs of the Senate and House 
     of Representatives have prepared the following explanation of 
     S. 1904 as amended (hereinafter referred to as the 
     ``compromise agreement''). Differences between the provisions 
     contained in the compromise agreement and the related 
     provisions in the above-mentioned bills are noted in this 
     document, except for clerical corrections, conforming changes 
     made necessary by the compromise agreement, and minor 
     drafting, technical, and clarifying changes.


            number of members of board of veterans' appeals

       Current law: Section 7101(a) of title 38, United States 
     Code, specifies that the Board of Veterans' Appeals may be 
     comprised of no more than 65 members in addition to the 
     Chairman and Vice Chairman.
       House bill: Section 12301(a) of the House bill would revise 
     and restate the provisions of section 7101(a) of title 38. As 
     part of that revision, section 12301(a) would eliminate the 
     65-member limitation on the number of members who can serve 
     on the Board of Veterans' Appeals in addition to the Chairman 
     and Vice Chairman. In addition, the House bill would codify 
     the position of Deputy Vice Chairman of the Board, to be 
     designated by the Chairman.
       Senate bill: Section 1(a) would delete the language in 
     section 7101(a) which provides that the number of Board 
     members, in addition to the Chairman and Vice Chairman, may 
     not exceed 65.
       Compromise agreement: Section 2 follows the Senate bill.


               ethical and legal limitations of chairman

       Current law: Provisions relating to the Chairman of the 
     Board of Veterans' Appeals (hereinafter referred to as 
     ``Chairman'') are found in section 7101 of title 38. There 
     are no provision in current law that place ethical or legal 
     limitations or restrictions on the Chairman specifically with 
     respect to political activities.
       House bill: Section 12301(b) would provide that the 
     Chairman of the Board is subject to the same ethical and 
     legal limitations and restrictions regarding involvement in 
     political activities as judges on the United States Court of 
     Veterans Appeals. These limitations and restrictions are 
     found in Canon 7--A Judge Should Refrain from Political 
     Activity--of the Codes of Conduct for Judges and Judicial 
     Employees, issued by the Judicial Conference of the United 
     States.
       Senate bill: No provision.
       Compromise agreement: Section 3 follows the House bill.


     acting and temporary members of the board of veterans' appeals

       Current law: Section 7102(a)(2)(A) authorizes the Chairman 
     to designate an employee of the Department of Veterans 
     Affairs (hereinafter referred to as ``Department'' or ``VA'') 
     to serve as an acting member on a section of the Board, for a 
     period not to exceed 90 days. The Chairman may designate an 
     acting member to serve on a section if the section is 
     composed of fewer than three members due to the absence of a 
     member, a vacancy on the Board, or the inability of a member 
     assigned to the section to serve on that section. Under 
     section 7102(a)(2)(B), an acting member may not serve for 
     more than 270 days in any 12-month period.
       Section 7101(c) authorizes the Chairman to designate 
     Department employees to serve as temporary members for a 
     period of not more than 1 year. Temporary members may be 
     designated when there are fewer than 65 members of the board 
     and may not serve for more than 24 months during any 48-month 
     period.
       House bill: As part of a revision of section 7101, section 
     12301(d) of the House bill would remove the limitation on the 
     period of time acting members are allowed to serve and would 
     remove the authority of the Chairman to designate temporary 
     members.
       Senate bill: Section 1(b) would amend section 7101(c) to 
     eliminate the authority to designate temporary members. The 
     provision authorizing the Chairman to designate acting 
     members would be amended and moved from section 7102 to 7101. 
     The new section 7101 provision would be substantively 
     identical to the current provision in section 7102 governing 
     acting members, limiting such service to 90 days at a time 
     and a total of no more than 270 days during any 1-year 
     period. The new section 7101 would add a provision to permit 
     an acting member to continue to serve in that capacity, 
     notwithstanding the time limitations, with respect to any 
     proceedings for which the acting member was designated.
       Compromise agreement: Section 4 follows the Senate bill, 
     with an amendment limiting the number of acting members who 
     can serve at any time to 20 percent of the total number of 
     regular and acting Board members combined.


              chairman's annual report of board activities

       Current law: Section 529 of title 38 requires the Secretary 
     of Veterans Affairs (hereinafter referred to as 
     ``Secretary'') to submit an annual report to Congress 
     including a financial accounting, a description of all work 
     accomplished by the Department, and the activities of the 
     Department during that fiscal year. Section 7101(c)(3) 
     requires the secretary to include in this report the number 
     of temporary and acting Board members designated during the 
     fiscal year covered by the report.
       Section 7101(d) requires the Chairman to prepare a report, 
     to be submitted with the Secretary's budget request to 
     Congress, at the end of each fiscal year on the activities of 
     the Board during that year and the projected activities for 
     the fiscal year in which the report is prepared and the 
     following fiscal year. Section 7101(d) does not require the 
     Chairman to include any information concerning acting or 
     temporary members designated during the year covered in the 
     report.
       House bill: Section 12301(d) would remove the requirement 
     that the Secretary include information concerning temporary 
     members in the annual report to Congress, to conform with the 
     removal of the authority to designate temporary members. 
     Section 12301(e) would require that the Chairman's annual 
     report include the names of acting Board members designated 
     during the year and the number of cases in which each acting 
     member participated.
       Senate bill: Section 1(b) would remove the requirement that 
     the Secretary include information concerning temporary 
     members in the annual report to Congress. Section 1(c) would 
     require the Chairman's annual report to include only the 
     number of acting members designated during the year and the 
     number of cases in which each acting member participated.
       Compromise agreement: Section 5 follows the Senate bill.


                         decisions by the board

       Current law: Section 7102(a)(1) authorizes the Chairman to 
     divide the board into sections of three members and assign 
     members to the sections.
       Section 7102(c) provides that the Chairman will assign 
     proceedings to sections of the Board. A section will make a 
     decision concerning any proceeding assigned to the 
     section, including any decision regarding motions filed in 
     connection with such a proceeding, and make a report of 
     the section's decision, which will be the final 
     disposition of the proceeding.
       Section 7103(a) states that a decision of the majority of 
     the section will be the decision of the section, which is 
     final unless the Chairman orders reconsideration of the case.
       House bill: Section 12302(a) would amend section 7102 to 
     authorize assignment of a proceeding to an individual Board 
     member or to a panel of Board members, other than the 
     Chairman, who would render a decision on the proceeding and 
     make a report on the determination. Section 12302(a) would 
     provide that decisions of a panel are to be made by a 
     majority of the members of the panel.
       Senate bill: Section 1(d) is substantively similar to 
     section 12302(a) of the House bill, except that it would 
     specify that a panel must consist of at least three members 
     and it would not exclude the Chairman from participating in a 
     decision on a proceeding, either individually or on a panel.
       Compromise agreement: Section 6 would authorize assignment 
     of a proceeding to an individual Board member or to a panel 
     consisting of at least three members. The Chairman would be 
     permitted to participate in a proceeding or reconsideration 
     of a decision, but only as a member of a panel.


                            reconsideration

       Current law: Section 7103(b) provides that when the 
     Chairman orders reconsideration of a case, the decision on 
     reconsideration is made by an expanded section of the Board. 
     A decision of the majority of the expanded section is final.
       House bill: Section 12302(a) would require that after the 
     Chairman orders reconsideration of a case, the matter must be 
     referred to a panel of at least three members where the 
     original decision was rendered by an individual member, and 
     to an enlarged panel where the original decision on appeal 
     was rendered by a panel of members. This section would 
     prohibit the original decisionmakers from participating in 
     the reconsideration. The decision of a majority of the 
     members of the reconsideration panel would be final.
       Senate bill: Section 1(d) is substantively identical to the 
     House bill.
       Compromise agreement: Section 6 of the compromise agreement 
     contains this provision.


                                hearings

       Current law: Section 7102(b) provides that a hearing docket 
     will be maintained and that hearings will be held by the 
     member or members designated by the Chairman, who must be a 
     member or members of the section which will make the final 
     decision in the case. Section 7104(a) states that the Board 
     must afford a claimant the opportunity for a hearing before a 
     decision is rendered in the case. Section 7110 provides that 
     a claimant may request a hearing before a traveling section 
     of the Board, to be held at a location within the area served 
     by a regional office of the Department. Hearings before a 
     traveling section of the Board are scheduled in the order in 
     which the requests for such hearings in a particular area are 
     received by the Department. Section 7107 governs the 
     docketing of appeals.
       House bill: Section 12304 would amend the heading of 
     section 7110 to reflect that it contains all provisions 
     governing hearings. This section would make it clear that an 
     appellant may request a hearing at the Board's principal 
     location in Washington, D.C., or at a regional office of the 
     Department. Section 12304 also would add authority for the 
     Board to schedule a hearing at a time earlier than it would 
     otherwise be held, if the claimant is seriously ill or is 
     under severe financial hardship. This section also would 
     provide authority for the Secretary to provide facilities and 
     equipment to the Board for purposes of allowing an appellant 
     located at a facility in an area served by a regional 
     office to participate in a hearing with a Board member who 
     is at the Board's principal location, through voice 
     transmission or picture and voice transmission, by 
     electronic or other means. This section also would 
     require, however, that the appellant be given the 
     opportunity for a hearing in Washington, D.C., or before a 
     traveling member of the Board, if the appellant chooses 
     either method over a hearing through the use of electronic 
     means.
       Senate bill: With respect to hearings, section 1(e) 
     contains substantively identical provisions as in the House 
     bill. However, section 1(e) would repeal section 7110 and 
     would move the hearing provisions to section 7107, thereby 
     combining the provisions governing the docketing of appeals 
     and the scheduling of hearings into one section. Provisions 
     of existing section 7107 would remain substantively the same. 
     Provisions relating to hearings in existing sections 7102, 
     7104, and 7110 would be included in the amended section 7107. 
     The Senate bill would provide that hearings held before a 
     traveling member or members of the Board would be held at a 
     location within the area served by a regional office of the 
     Department, not necessarily at the regional office.
       Compromise agreement: Section 7 follows the Senate bill, 
     except that with respect to hearings held before a traveling 
     member or members of the Board, it would specify that such 
     hearings would be held at a facility of the Department in the 
     area served by a regional office of the Department. In 
     addition, section 7 would add an exception to the requirement 
     that the hearing be held before a member or members of 
     section that will make the final determination, to exclude 
     cases in which the Chairman orders reconsideration. Section 7 
     also would remove a redundant provision in 7104(a), which 
     states that the Board will make a decision in a case only 
     after the appellant has been given the opportunity for a 
     hearing. Under section 7 of the bill, that requirement would 
     appear in amended section 7107.


  annual income questionnaires for recipients of pension and parents' 
                 dependency and indemnity compensation

       Current law: Section 1506 of title 38 directs VA to require 
     annual income reports for purposes of pension eligibility. 
     Any applicant for or recipient of VA pension must file with 
     VA a report containing information on the individual's annual 
     income received during the previous year and on the corpus of 
     the individual's estate at the end of the year, as well as 
     the income and estate of any spouse or dependent child. The 
     report must also contain an estimate of the individual's 
     income for the current year and any expected increase in the 
     value of the corpus of his or her estate.
       For a surviving child, in addition to the above 
     information, the report must include an estimate of the 
     current year's annual income and any expected increase in the 
     value of the corpus of the estate of any person who is 
     legally responsible for the support of the child and with 
     whom the child is residing.
       Section 1506 also requires that any applicant or recipient 
     of pension, or any person who is legally responsible for the 
     support of a surviving child applying for or receiving 
     pension, must promptly file a revised report whenever there 
     is a material change in estimated annual income or in the 
     estimated value of the corpus of that individual's estate.
       Section 1315(e) directs VA to require an annual income 
     report as a condition of an award or of continuation of 
     parents' dependency and indemnity compensation (DIC), except 
     in the case of a parent who has reached the age of 72 and has 
     been receiving DIC during 2 consecutive calendar years. The 
     report must show the total income expected in that year and 
     the total income received in the previous year. The recipient 
     must file a revised report whenever there is a material 
     change in estimated annual income.
       House bill: Section 12305 would amend section 1506 to 
     eliminate the statutory requirement for income reports for 
     purposes of pension eligibility, thereby giving VA 
     discretionary authority to require the submission of income 
     questionnaires. Section 12305 would also amend section 1506 
     to provide that when there is any change in income or in the 
     value of the corpus of the individual's estate, the 
     individual would be required to notify VA of the change, 
     rather than file a revised income report.
       Senate bill: No provision.
       Compromise agreement: Section 9 includes the provision in 
     the House bill, with a minor technical amendment.
       Section 9 of the compromise agreement also includes a 
     provision that would eliminate the statutory requirement for 
     income reports for purposes of eligibility for parents' DIC, 
     thereby giving VA discretionary authority to require the 
     submission of an income report.
  Mr. FORD. Mr. President, I move that the Senate concur in the House 
amendments.
  The PRESIDING OFFICER. The question is on agreeing to the motion.
  The motion was agreed to.

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