Congressional Record, Volume 159 Issue 151 (Monday, October 28, 2013)

[Congressional Record Volume 159, Number 151 (Monday, October 28, 2013)]
[House]
[Pages H6782-H6794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

{time} 1630
ESTABLISHING COMMISSION OR TASK FORCE TO EVALUATE THE BACKLOG OF
DISABILITY CLAIMS

Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 2189) to establish a commission or task force to
evaluate the backlog of disability claims of the Department of Veterans
Affairs, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 2189

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

SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. Scoring of budgetary effects.

TITLE I--IMPROVEMENT OF CLAIMS PROCESSING

Sec. 101. Evaluation of backlog of disability claims and appeals of
claims of Department of Veterans Affairs.
Sec. 102. Supplemental reports to the Strategic Plan to Eliminate the
Compensation Claims Backlog.
Sec. 103. Expedition of transfer of certain records.
Sec. 104. Claims processors training.
Sec. 105. Report by Comptroller General of the United States.
Sec. 106. Priority for processing claims of the Department of Veterans
Affairs.
Sec. 107. Public availability of certain information about pending and
completed claims for compensation under the laws
administered by the Secretary of Veterans Affairs.
Sec. 108. Annual report on processing of claims.
Sec. 109. Department of Veterans Affairs notice of average times for
processing claims and percentage of claims approved.
Sec. 110. Claim defined.

TITLE II--COMPENSATION AND PENSIONS

Sec. 201. Improvements to authority for performance of medical
disabilities examinations by contract physicians.
Sec. 202. Consideration by Secretary of Veterans Affairs of resources
disposed of for less than fair market value by
individuals applying for pension.
Sec. 203. Bifurcated payments of compensation benefits under laws
administered by the Secretary of Veterans Affairs.
Sec. 204. Pension for certain veterans covered by Medicaid plans for
services furnished by nursing facilities.

TITLE III--OTHER MATTERS

Sec. 301. Review of operation of certain ships during the Vietnam Era.
Sec. 302. Methods for validating certain service considered to be
active service by the Secretary of Veterans Affairs.
Sec. 303. Designation of American World War II Cities.
Sec. 304. Observance of Veterans Day.

SEC. 2. SCORING OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.

TITLE I--IMPROVEMENT OF CLAIMS PROCESSING

SEC. 101. EVALUATION OF BACKLOG OF DISABILITY CLAIMS AND
APPEALS OF CLAIMS OF DEPARTMENT OF VETERANS
AFFAIRS.

(a) In General.--There is established a commission or task
force to evaluate the backlog of claims within the Department
of Veterans Affairs and the appeals process of claims.
(b) Studies.--
(1) Backlog study.--
(A) In general.--The Commission or Task Force, acting
through the subcommittee described in subsection (d)(2)(A),
shall carry out a study on the backlog of claims, including
the current process the Secretary of Veterans Affairs uses to
evaluate claims and appeals and the laws and regulations
applicable to such claims and appeals. Such study shall be a
comprehensive evaluation and assessment of the backlog of
claims, an analysis of

[[Page H6783]]

possible improvements to the procedures used to process such
claims, and any related issues that the Commission or Task
Force considers relevant.
(B) Matters included.--In carrying out the study under
subparagraph (A), the Commission or Task Force shall examine
the following:
(i) The backlog of claims, including an analysis of--

(I) the most effective means to quickly and accurately
resolve all claims pending as of the date of the study; and
(II) with respect to the Department, the annual funding,
number of full-time employees, workload management practices,
and the progress, as of the date of the study, of the
strategic plan.

(ii) Possible improvements to the claims process, including
an evaluation and recommendations with respect to whether
substantive and structural changes to the overall claims
process are required.
(iii) In carrying out the evaluation and recommendations
under subparagraph (B), an examination of--

(I) options that make no major substantive changes to the
claims process;
(II) options that maintain the process but make minor
changes; and
(III) options that make broad changes to the process.

(2) Appeals process study.--
(A) In general.--The Commission or Task Force, acting
through the subcommittee described in subsection (d)(2)(B),
shall carry out a study on the anticipated increase of
appeals of claims, including the current appeals process and
the laws and regulations applicable to such appeals. Such
study shall be a comprehensive evaluation and assessment of
such anticipated increase of appeals claims, an analysis of
possible improvements to the procedures used to process such
appeals, and any related issues that the Commission or Task
Force considers relevant.
(B) Matters included.--In carrying out the study under
subparagraph (A), the Commission or Task Force shall examine
the following:
(i) The anticipated surge in appeals of claims, including
an analysis of--

(I) the most effective means to quickly and accurately
resolve pending appeals and future appeals;
(II) with respect to both the Board and the Court of
Appeals for Veterans Claims, the annual funding, number of
full-time employees, workload management practices, and the
progress, as of the date of the study, of the strategic plan;
and
(III) the efficiency, effectiveness, and utility of the
Veterans Benefits Management System with respect to appeals
operations, including an identification of key changes that
may need to be implemented to such system.

(ii) Possible improvements to the appeals process,
including an evaluation and recommendations with respect to
whether substantive and structural changes to the overall
appeals process are required.
(iii) In carrying out the evaluation and recommendations
under clause (ii), an examination of--

(I) options that make no major substantive changes to the
appeals process;
(II) options that maintain the process but make minor
changes;
(III) options that make broad changes to the process;
(IV) the necessity of the multi-tiered levels of appeals at
the regional office level, including filing a notice of
disagreement, receipt of a statement of the case,
supplemental statement of the case (if applicable), and
substantive appeal (VA Form 9);
(V) the role of the Board and the Appeals Management
Center, including--

(aa) the effectiveness of the workload management of the
Board and the Center;
(bb) whether the Board and Center should be regionalized or
maintain the centralized structure in the District of
Columbia;
(cc) whether Board members should be required to pass the
administrative law judges certification examination; and
(dd) whether the Board should continue to require de novo
review of appeals; and

(VI) the role of the Court of Appeals for Veterans Claims
and the United States Court of Appeals for the Federal
Circuit, including--

(aa) the continued effectiveness and necessity of a multi-
tiered structure of judicial review;
(bb) whether the Court of Appeals for Veterans Claims
should have Article I or Article III status;
(cc) expansion of either the Court of Appeals for Veterans
Claims or the United States Court of Appeals for the Federal
Circuit jurisdiction, including by allowing such courts to
hear class action lawsuits with respect to claims; and
(dd) the possibility of expanding judicial review of claims
to all Federal circuit courts of appeals or allowing judicial
review beyond the Court of Appeals for Veterans Claims only
by the Supreme Court.
(3) Consideration.--In carrying out the studies under
paragraph (1)(A) and (2)(A) and making any recommendations
under this section, the Commission or Task Force shall
consider the following:
(A) The interests of veterans, including with respect to
accuracy, fairness, and transparency in the claims process of
the Department.
(B) The values and requirements of the Constitution,
including with respect to compliance with procedural and
substantive due process.
(C) The public interest, including with respect to the
responsible use of available resources.
(D) With respect to the study conducted under paragraph
(1)(A), the importance of the claimant friendly,
nonadversarial nature of the claims process.
(E) With respect to the study conducted under paragraph
(2)(A), the importance of an appeals process that is
efficient and easily understandable by a claimant.
(4) Role of secretary, chairman of the board, and chief
judge.--
(A) Information.--In carrying out each study under
paragraph (1)(A) and (2)(A), at times that the Commission or
Task Force determines appropriate, the Commission or Task
Force shall submit to the Secretary of Veterans Affairs, the
Chairman of the Board, and the Chief Judge of the Court of
Appeals for Veterans Claims, as the case may be, information
with respect to remedies and solutions that the Commission or
Task Force identifies pursuant to such a study.
(B) Implementation.--The Secretary, the Chairman of the
Board, and the Chief Judge shall each--
(i) fully consider the remedies and solutions submitted to
the Secretary, the Chairman, or the Chief Judge, as the case
may be, under subparagraph (A);
(ii) implement such remedies and solutions as the
Secretary, the Chairman, or the Chief Judge, respectively,
determines appropriate; and
(iii) submit to Congress justification for failing to
implement any such remedy or solution.
(C) Plan.--The Commission or Task Force shall submit to the
Secretary, the Chairman of the Board, and the Chief Judge a
feasible, timely, and cost-effective plan to eliminate the
backlog of appeals of claims based on the remedies and
solutions identified pursuant to the study under paragraph
(2)(A) and the information submitted under subparagraph (A).
(c) Comprehensive Reports.--
(1) Initial comprehensive report.--Not later than 60 days
after the date on which the Commission or Task Force first
meets, the Commission or Task Force shall submit to the
President and Congress an initial comprehensive report on the
studies conducted under paragraphs (1)(A) and (2)(A) of
subsection (b), including--
(A) the findings of the causes of the backlog of claims;
(B) a proposed plan to handle the anticipated surge in
appeals of claims; and
(C) the level of cooperation the Commission or Task Force
has received from the Secretary and the heads of other
departments or agencies of the Federal Government.
(2) Interim comprehensive reports.--Not later than 90 days
after the date on which the Commission or Task Force first
meets, and each 30-day period thereafter ending on the date
on which the Commission or Task Force submits the final
comprehensive report under paragraph (3), the Commission or
Task Force shall submit to the President and Congress a
comprehensive report on--
(A) the progress of the Secretary with respect to
implementing solutions to expedite the elimination of the
backlog of claims pursuant to subsection (b)(4)(B)(ii);
(B) the progress of the Secretary, the Chairman of the
Board, and the Chief Judge of the Court of Appeals for
Veterans Claims with respect to implementing solutions to
complete appeals of claims in a timely manner in a timely
manner pursuant to such subsection; and
(C) the level of cooperation the Commission or Task Force
has received from the Secretary and the heads of other
departments or agencies of the Federal Government.
(3) Final comprehensive report.--Not later than 180 days
after the date on which the Commission or Task Force first
meets, the Commission or Task Force shall submit to the
President and Congress a comprehensive report on the
following:
(A) With respect to the study conducted under subsection
(b)(1)(A)--
(i) The findings, conclusions, and recommendations of the
Commission or Task Force with respect to the matters referred
to in such subsection.
(ii) The recommendations of the Commission or Task Force
for revising and improving the backlog of claims and the
procedures used to process claims.
(iii) The progress of the Secretary with respect to
implementing solutions to expedite the elimination of the
backlog of claims pursuant to subsection (b)(4)(B)(ii).
(iv) Other information and recommendations with respect to
claims as the Commission or Task Force considers appropriate.
(B) With respect to the study conducted under subsection
(b)(2)(A)--
(i) The findings, conclusions, and recommendations of the
Commission or Task Force with respect to the matters referred
to in such subsection.
(ii) The recommendations of the Commission or Task Force
for revising and improving the appeals process;
(iii) The information described in subsection (b)(4)(A).
(iv) The feasible, timely, and cost effective plan
described in subsection (b)(4)(C).
(v) The progress of the Secretary, the Chairman of the
Board, and the Chief Judge of the Court of Appeals for
Veterans Claims

[[Page H6784]]

with respect to implementing solutions to provide timely
appeals of claims.
(vi) Other information and recommendations with respect to
the appeals process as the Commission or Task Force considers
appropriate.
(d) Membership.--
(1) Number and appointment.--The Commission or Task Force
shall be composed of 15 members, appointed as follows:
(A) Two members appointed by the Speaker of the House of
Representatives, one of whom shall be designated to serve
upon the Subcommittee on the Backlog of Claims and one of
whom shall be designated to serve upon the Subcommittee on
Appeals.
(B) Two members appointed by the minority leader of the
House of Representatives, one of whom shall be designated to
serve upon the Subcommittee on the Backlog of Claims and one
of whom shall be designated to serve upon the Subcommittee on
Appeals.
(C) Two members appointed by the majority leader of the
Senate, one of whom shall be designated to serve upon the
Subcommittee on the Backlog of Claims and one of whom shall
be designated to serve upon the Subcommittee on Appeals.
(D) Two members appointed by the minority leader of the
Senate, one of whom shall be designated to serve upon the
Subcommittee on the Backlog of Claims and one of whom shall
be designated to serve upon the Subcommittee on Appeals.
(E) Three members appointed by the President, two of whom
shall be designated to serve upon the Subcommittee on the
Backlog of Claims and one of whom shall be designated to
serve upon the Subcommittee on Appeals.
(F) One member appointed by the Secretary of Defense, whom
shall be designated to serve upon the Subcommittee on the
Backlog of Claims.
(G) Two members appointed by the Secretary of Veterans
Affairs, one of whom shall be designated to serve upon the
Subcommittee on the Backlog of Claims and one of whom shall
be designated to serve upon the Subcommittee on Appeals.
(H) One member appointed by the Chief Judge of the Court of
Appeals for Veterans Claims, whom shall be designated to
serve upon the Subcommittee on Appeals.
(2) Subcommittees.--The Commission or Task Force shall have
two subcommittees as follows:
(A) A Subcommittee on the Backlog of Claims consisting of
the eight members designated in accordance with paragraph
(1).
(B) A Subcommittee on Appeals consisting of the seven
members designated in accordance with paragraph (1).
(3) Qualifications.--Each member appointed under paragraph
(1) shall be appointed based on the experience of the member
as a veteran or on the subject matter expertise or other
relevant experience of the member.
(4) Advisors.--
(A) In general.--In addition to the 15 members appointed
under paragraph (1), the Commission or Task Force shall--
(i) have five nonvoting, nonmember advisors, appointed by a
majority of the Commission or Task Force, each from a
different organization that represents the interests of
veterans; and
(ii) seek advice from experts from nongovernmental
organizations (including veterans service organizations and
military organizations), the Internet technology industry,
and the insurance industry.
(B) Advice.--Individuals described in clause (i) and (ii)
of subparagraph (A) shall provide advice to both
subcommittees described in paragraph (2).
(5) Chairman.--The President shall designate a member of
the Commission or Task Force who is appointed by the
President and designated to serve upon the Subcommittee on
the Backlog of Claims to serve as the chairman of the
Commission or Task Force. The chairman may designate a member
to serve as the chairman of the Subcommittee on the Backlog
of Claims and a member to serve as the chairman of the
Subcommittee on Appeals to chair such subcommittees as the
designee of the chairman of the Commission or Task Force.
(6) Period of appointment.--Members of the Commission or
Task Force shall be appointed for the life of the Commission
or Task Force. A vacancy shall not affect its powers.
(7) Vacancy.--A vacancy on the Commission or Task Force
shall be filled in the manner in which the original
appointment was made.
(8) Appointment deadline.--The appointment of members of
the Commission or Task Force established in this section
shall be made not later than 15 days after the date of the
enactment of this Act.
(e) Meetings.--
(1) Initial meeting.--The Commission or Task Force shall
hold its first meeting not later than 15 days after the date
on which a majority of the members are appointed.
(2) Meetings.--The Commission or Task Force shall meet at
the call of the chairman.
(3) Quorum.--A majority of the members of the Commission or
Task Force shall constitute a quorum, but a lesser number may
hold hearings.
(f) Powers of the Commission or Task Force.--
(1) Hearings.--The Commission or Task Force may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission or
Task Force considers advisable to carry out the purposes of
this section.
(2) Information from federal agencies.--The Commission or
Task Force may secure directly from any department or agency
of the Federal Government such information as the Commission
or Task Force considers necessary to carry out the provisions
of this section. Upon request of the chairman, the head of
such department or agency shall furnish such information to
the Commission or Task Force.
(3) Postal services.--The Commission or Task Force may use
the United States mails in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
(4) Gifts.--The Commission or Task Force may accept, use,
and dispose of gifts or donations of service or property.
(g) Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
or Task Force who is not an officer or employee of the United
States shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel
time) during which the member is engaged in the performance
of the duties of the Commission or Task Force. All members of
the Commission or Task Force who are officers or employees of
the United States shall serve without compensation in
addition to that received for their services as officers or
employees of the United States.
(2) Travel expenses.--The members of the Commission or Task
Force shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business in the performance of service of the Commission or
Task Force.
(3) Staff.--
(A) Appointment.--The chairman of the Commission or Task
Force may, without regard to the civil service laws and
regulations, appoint an executive director and such other
personnel as may be necessary to enable the Commission or
Task Force to perform its duties. The appointment of an
executive director shall be subject to the approval of the
Commission or Task Force.
(B) Compensation.--The chairman of the Commission or Task
Force may fix the compensation of the executive director and
other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the
rate payable for level V of the Executive Schedule under
section 5316 of such title.
(4) Detail of government employees.--Upon request of the
chairman of the Commission or Task Force, the head of any
department or agency of the Federal Government may detail, on
a nonreimbursable basis, any personnel of that department or
agency to the Commission or Task Force to assist it in
carrying out its duties.
(5) Procurement of temporary and intermittent services.--
The chairman of the Commission or Task Force may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, at rates for individuals which
do not exceed the daily equivalent of the annual rate of
basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(h) Termination of Commission or Task Force.--The
Commission or Task Force shall terminate 60 days after the
date on which the Commission or Task Force submits the final
comprehensive report under subsection (c)(3).
(i) Funding.--
(1) In general.--The Secretary shall, upon the request of
the chairman of the Commission or Task Force, make available
to the Commission or Task Force such amounts as the
Commission or Task Force may require to carry out the duties
of the Commission or Task Force under this section.
(2) Availability.--Any sums made available to the
Commission or Task Force shall remain available, without
fiscal year limitation, until the termination of the
Commission or Task Force.
(j) Definitions.--In this section:
(1) The term ``appeals process'' means the process to
appeal the determination by the Secretary of a claim
beginning with the notice of disagreement filed pursuant to
section 7105 of title 38, United States Code, and ending with
the review of a decision by the Supreme Court pursuant to
section 7292(c) of such title.
(2) The term ``Board'' means the Board of Veterans'
Appeals.
(3) The term ``strategic plan'' means the Strategic Plan to
Eliminate the Compensation Claims Backlog, published by the
Secretary of Veterans Affairs on January 25, 2013.

SEC. 102. SUPPLEMENTAL REPORTS TO THE STRATEGIC PLAN TO
ELIMINATE THE COMPENSATION CLAIMS BACKLOG.

Not later than 60 days after the date of the enactment of
this Act, and every 120 days thereafter until Memorial Day
(May 25), 2015, the Secretary of Veterans Affairs shall
submit to Congress a supplemental report on the
implementation by the Department of Veterans Affairs of the
Strategic Plan to Eliminate the Compensation Claims Backlog.
Each such report shall include--

[[Page H6785]]

(1) verification that during the period covered by the
report, each claim was approved or denied by not later than
125 days after the date on which the claim is submitted with
an accuracy rate of 98 percent, as specified in the Strategic
Plan;
(2) a description of the specific measures, procedures, and
metrics used to assess the implementation of the Strategic
Plan for purposes of the supplemental report; and
(3) a detailed timeline for the implementation of each
initiative contained in the Strategic Plan.

SEC. 103. EXPEDITION OF TRANSFER OF CERTAIN RECORDS.

(a) SSA Records.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall enter into an agreement with the Commissioner of the
Social Security Administration to ensure that the
Commissioner transfers to the Secretary disability or medical
records of the Commissioner that the Secretary will use to
evaluate a claim by not later than 30 days after the
Secretary requests such records.
(b) DOD Records.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall enter into an agreement with the Secretary of Defense
to ensure that the Secretary of Defense transfers to the
Secretary of Veterans Affairs medical records of members or
former members of the Armed Forces that the Secretary will
use to evaluate a claim by not later than 30 days after the
Secretary requests such records.
(c) National Guard Records.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs and the Secretary of Defense shall jointly--
(1) submit to Congress a plan to reduce to 30 days the
amount of time needed to provide members of the National
Guard and the Secretary of Veterans Affairs with the medical
records of such members, including by partnering with
appropriate officials of Federal or State departments or
agencies; and
(2) implement such plan.
(d) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.

SEC. 104. CLAIMS PROCESSORS TRAINING.

(a) Establishment.--The Secretary of Veterans Affairs shall
establish a training program to provide newly hired claims
processors of the Department of Veterans Affairs with
training for a period of not less than two years. In carrying
out such program, the Secretary shall identify successful
claims processors of the Department who can assist in the
training of newly hired claims processors.
(b) Ability to Process Claims.--The Secretary shall carry
out the training program established under subsection (a)
without increasing the amount of time in which claims are
processed by the Department.
(c) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.

SEC. 105. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES.

Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report on the progress of the Secretary
of Veterans Affairs in improving the timeliness of claims
processing and eliminating the backlog of claims. The report
shall include any recommendations of the Comptroller General
with respect to improving the ability of the Secretary to
make such progress.

SEC. 106. PRIORITY FOR PROCESSING CLAIMS OF THE DEPARTMENT OF
VETERANS AFFAIRS.

(a) In General.--Subchapter I of chapter 51 of title 38,
United States Code, is amended by adding at the end the
following new section:

``Sec. 5109C. Priority for processing claims

``(a) Priority.--In processing claims for compensation
under this chapter, the Secretary shall provide the following
claimants with priority over other claimants:
``(1) Veterans who have attained the age of 70.
``(2) Veterans who are terminally ill.
``(3) Veterans with life-threatening illnesses.
``(4) Homeless veterans (as defined in section 2002 of this
title).
``(5) Veterans who were awarded the Medal of Honor.
``(6) Veterans who are former prisoners of war.
``(7) Veterans whose claims are being reviewed again in
relation to a previously denied claim relating to military
sexual trauma.
``(8) Veterans whom the Secretary determines, on a case-by-
case basis, are seriously or very seriously injured.
``(9) Veterans whom the Secretary determines, on a case-by-
case basis, should be given priority under this section based
on an application for good cause established by the
Secretary.
``(b) Regulations.--The Secretary shall prescribe
regulations to carry out subsection (a).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5109B the following new item:

``5109C. Priority for processing claims.''.

SEC. 107. PUBLIC AVAILABILITY OF CERTAIN INFORMATION ABOUT
PENDING AND COMPLETED CLAIMS FOR COMPENSATION
UNDER THE LAWS ADMINISTERED BY THE SECRETARY OF
VETERANS AFFAIRS.

(a) In General.--Subchapter I of chapter 51 of title 38,
United States Code, is amended by adding after section 5109C,
as added by section 106, the following new section:

``Sec. 5109D. Information about pending and completed claims

``(a) Availability of Information.--The Secretary shall
maintain on the Internet website of the Department publicly
accessible information about pending and completed claims for
compensation under chapter 11 of this title. Such information
shall include each of the following:
``(1) For each regional office and for the Department as a
whole--
``(A) the average number of days between the date of the
submittal of a claim and the date of the decision with
respect to the claim for each of the preceding three-month
and one-year period;
``(B) the average number of days such a claim is pending
during the preceding three-month and one-year periods;
``(C) the quality and accuracy rating of the claims
adjudication process during the preceding three-month and
one-year periods;
``(D) the number of claims pending;
``(E) the number of pending claims that have been pending
for more than 125 days; and
``(F) the number of claims completed during--
``(i) the current month, to date;
``(ii) the month preceding the current month;
``(iii) the current calendar year, to date; and
``(iv) the calendar year preceding the current calendar
year.
``(2) For each medical condition for which a claim for
compensation is submitted, for each regional office and for
the Department as a whole--
``(A) the average number of days between the date of the
submittal of a claim relating to such medical condition and
the date of the decision with respect to the claim for each
of the preceding three-month and one-year period;
``(B) the average number of days such a claim is pending
during the preceding three-month and one-year periods;
``(C) the quality and accuracy rating of the claims
adjudication process as applied to claims relating to such
medical condition during the preceding three-month and one-
year periods;
``(D) the number of pending claims relating to such
condition;
``(E) the number of such pending claims that have been
pending for more than 125 days; and
``(F) the number of claims relating to such medical
condition completed during--
``(i) the current month, to date;
``(ii) the month preceding current month;
``(iii) the current calendar year, to date; and
``(iv) the calendar year preceding the current calendar
year.
``(b) Updates.--The Secretary shall update the information
on the website under subsection (a) not less frequently than
once every seven days.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 5109C, as added by section 106, the
following new item:

``5109D. Information about pending and completed claims.''.

SEC. 108. ANNUAL REPORT ON PROCESSING OF CLAIMS.

(a) In General.--Subchapter I of chapter 51 of title 38,
United States Code, is amended by adding after section 5109D,
as added by section 107, the following new section:

``Sec. 5109E. Annual report on processing of claims

``(a) Annual Report.--The Secretary shall include in the
annual report to Congress required under section 529 of this
title information on the following:
``(1) The automatic processing of claims for compensation.
``(2) The performance of any regional office that fails to
meet the administrative goals of the regional office with
respect to timeliness and accuracy in processing claims for
compensation.
``(3) The timeliness of receiving information pursuant to a
request by the Secretary to the head of another department or
agency of the United States for information required by the
Secretary in adjudicating a claim for compensation under
chapter 11 of this title.
``(b) Matters Included.--In carrying out subsection (a) to
include information in the report required under section 529
of this title, the Secretary shall include the following:
``(1) With respect to the information required by
subsection (a)(1)--
``(A) each medical condition for which claims relating to
such condition were processed in an electronic automated
fashion during the fiscal year covered by the report;
``(B) the feasibility of processing any additional medical
conditions in an electronic automated fashion and any
barriers to such processing, including any such barriers
relating to the schedule for rating disabilities under
section 1155 of this title;
``(C) the number of claims for compensation relating to
each medical condition submitted during such fiscal year; and
``(D) for each medical condition, the percentage of claims
denied and the percentage of claims approved during such
fiscal year.
``(2) With respect to the information required by
subsection (a)(2), in the case of any

[[Page H6786]]

regional office that, for the fiscal year covered by the
report, did not meet the administrative goal of having no
claim pending for more than 125 days and achieving an
accuracy rating of 98 percent--
``(A) a signed statement prepared by the individual serving
as director of the regional office as of the date of the
submittal of the report containing--
``(i) an explanation for why the regional office did not
meet the goal;
``(ii) a description of the additional resources needed to
enable the regional office to reach the goal; and
``(iii) a description of any additional actions planned for
the subsequent fiscal year that are proposed to enable the
regional office to meet the goal; and
``(B) a statement prepared by the Under Secretary for
Benefits explaining how the failure of the regional office to
meet the goal affected the performance evaluation of the
director of the regional office.
``(3) With respect to the information required by
subsection (a)(3)--
``(A) the number of requests described in such paragraph
made during the fiscal year covered by the report; and
``(B) the average response time for such requests made
during each month of such fiscal year, as determined based on
the period beginning on the date on which the Secretary made
the request and ending on the date on which the Secretary
determines that the request is completed.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 5109D, as added by section 107, the
following new item:

``5109E. Annual report on processing of claims.''.

(c) Effective Date.--Section 5109E of title 38, United
States Code, as added by subsection (a) shall take effect on
the date that is one year after the date of the enactment of
this Act.

SEC. 109. DEPARTMENT OF VETERANS AFFAIRS NOTICE OF AVERAGE
TIMES FOR PROCESSING CLAIMS AND PERCENTAGE OF
CLAIMS APPROVED.

(a) Public Notice.--The Secretary of Veterans Affairs shall
post the information described in subsection (c)--
(1) in a conspicuous place in each regional office and
claims intake facilities of the Department of Veterans
Affairs; and
(2) on the Internet website of the Department.
(b) Notice to Applicants.--
(1) In general.--The Secretary shall provide to each person
who submits a claim for benefits under the laws administered
by the Secretary before the person submits such claim--
(A) notice of the information described in subsection (c);
and
(B) notice that, during the period ending on August 6,
2015, the person is eligible to receive up to an extra year
of benefits payments if the person files an original claim
that is fully developed.
(2) Acknowledgment of receipt of notice.--Each person who
submits a claim for benefits under the laws administered by
the Secretary shall include in such application a signed form
acknowledging that the person received the information
described in subsection (c).
(c) Information Described.--
(1) In general.--The information described in this
subsection is the following:
(A) The average processing time of the claims described in
paragraph (2) and the percentage of such submitted claims for
which benefits are awarded.
(B) The percentage of each of the following types of
submitted claims for benefits under the laws administered by
the Secretary of Veterans Affairs for which benefits are
awarded:
(i) Claims filed by veterans who authorized a veterans
service organization to act on the veterans' behalf under a
durable power of attorney.
(ii) Claims filed by veterans who authorized a person other
than a veterans service organization to act on the veterans'
behalf under a durable power of attorney.
(iii) Claims filed by veterans who did not authorize a
person to act on the veterans' behalf under a durable power
of attorney.
(2) Claims described.--The claims described in this
paragraph are each of the following types of claims for
benefits under the laws administered by the Secretary of
Veterans Affairs:
(A) A fully developed claim that is submitted in standard
electronic form.
(B) A fully developed claim that is submitted in standard
paper form.
(C) A claim that is not fully developed that is submitted
in standard electronic form.
(D) A claim that is not fully developed that is submitted
in standard paper form.
(E) A claim that is not fully developed that is submitted
in nonstandard paper form.
(3) Update of information.--The information described in
this subsection shall be updated not less frequently than
once each fiscal quarter.
(d) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.

SEC. 110. CLAIM DEFINED.

Except as otherwise provided, in this title, the term
``claim'' means a claim for disability compensation under the
laws administered by the Secretary of Veterans Affairs.

TITLE II--COMPENSATION AND PENSIONS

SEC. 201. IMPROVEMENTS TO AUTHORITY FOR PERFORMANCE OF
MEDICAL DISABILITIES EXAMINATIONS BY CONTRACT
PHYSICIANS.

(a) Extension of Temporary Authority.--Subsection (c) of
section 704 of the Veterans Benefits Act of 2003 (38 U.S.C.
5101 note) is amended by striking ``December 31, 2013'' and
inserting ``December 31, 2016''.
(b) Licensure of Contract Physicians.--
(1) Temporary authority.--Such section 704 is further
amended--
(A) by redesignating subsection (d) as subsection (e); and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) Licensure of Contract Physicians.--
``(1) In general.--Notwithstanding any law regarding the
licensure of physicians, a physician described in paragraph
(2) may conduct an examination pursuant to a contract entered
into under subsection (b) at any location in any State, the
District of Columbia, or a Commonwealth, territory, or
possession of the United States, so long as the examination
is within the scope of the authorized duties under such
contract.
``(2) Physician described.--A physician described in this
paragraph is a physician who--
``(A) has a current license to practice the health care
profession of the physician; and
``(B) is performing authorized duties for the Department of
Veterans Affairs pursuant to a contract entered into under
subsection (b).''.
(2) Pilot program.--Section 504 of the Veterans' Benefits
Improvement Act of 1996 (38 U.S.C. 5101 note) is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b) the following new
subsection (c):
``(c) Licensure of Contract Physicians.--
``(1) In general.--Notwithstanding any law regarding the
licensure of physicians, a physician described in paragraph
(2) may conduct an examination pursuant to a contract entered
into under subsection (a) at any location in any State, the
District of Columbia, or a Commonwealth, territory, or
possession of the United States, so long as the examination
is within the scope of the authorized duties under such
contract.
``(2) Physician described.--A physician described in this
paragraph is a physician who--
``(A) has a current license to practice the health care
profession of the physician; and
``(B) is performing authorized duties for the Department of
Veterans Affairs pursuant to a contract entered into under
subsection (a).''.
(c) Expansion of Pilot Program.--Subsection (b) of such
section 504 is amended to read as follows:
``(b) Locations.--
``(1) Number.--The Secretary may carry out the pilot
program under this section through not more than 15 regional
offices of the Department of Veterans Affairs.
``(2) Selection.--The Secretary shall select the regional
offices under paragraph (1) by analyzing appropriate data to
determine the regional offices that require support. Such
appropriate data shall include--
``(A) the number of backlogged claims;
``(B) the total pending case workload;
``(C) the length of time cases have been pending;
``(D) the accuracy of completed cases;
``(E) the overall timeliness of completed cases;
``(F) the availability and workload of the examination
units and physicians of the medical centers in the regional
office; and
``(G) any other data the Secretary determines appropriate.
``(3) Annual analysis.--The Secretary shall carry out the
data analysis of the regional offices under paragraph (2)
during each year in which the program under this section is
carried out to determine the regional offices selected under
paragraph (1) for such year.''.
(d) Effective Date.--This section and the amendment made by
this section shall take effect on the date that is one year
after the date of the enactment of this Act.

SEC. 202. CONSIDERATION BY SECRETARY OF VETERANS AFFAIRS OF
RESOURCES DISPOSED OF FOR LESS THAN FAIR MARKET
VALUE BY INDIVIDUALS APPLYING FOR PENSION.

(a) Veterans.--Section 1522 of title 38, United States
Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before ``The Secretary''; and
(B) by adding at the end the following new paragraph:
``(2)(A) If a veteran otherwise eligible for payment of
pension under section 1513 or 1521 of this title or the
spouse of such veteran disposes of covered resources for less
than fair market value on or after the look-back date
described in subparagraph (C)(i), the Secretary shall deny or
discontinue the payment of pension to such veteran under
section 1513 or 1521 of this title, as the case may be, for
months during the period beginning on the date described in
subparagraph (D) and equal to the number of months calculated
as provided in subparagraph (E).
``(B)(i) For purposes of this paragraph, a covered resource
is any resource that was a part of the corpus of the estate
of the veteran or, if the veteran has a spouse, the corpus of
the estates of the veteran and of the veteran's spouse, that
the Secretary considers that under all the circumstances, if
the veteran or spouse had not disposed of such resource, it
would be reasonable that

[[Page H6787]]

the resource (or some portion of the resource) be consumed
for the veteran's maintenance.
``(ii) For purposes of this paragraph, the Secretary may
consider, in accordance with regulations the Secretary shall
prescribe, a transfer of an asset (including a transfer of an
asset to an annuity, trust, or other financial instrument or
investment) a disposal of a covered resource for less than
fair market value if such transfer reduces the amount in the
corpus of the estate of the veteran or, if the veteran has a
spouse, the corpus of the estates of the veteran and of the
veteran's spouse, that the Secretary considers, under all the
circumstances, would be reasonable to be consumed for the
veteran's maintenance.
``(C)(i) The look-back date described in this clause is a
date that is 36 months before the date described in clause
(ii).
``(ii) The date described in this clause is the date on
which the veteran applies for pension under section 1513 or
1521 of this title or, if later, the date on which the
veteran (or the spouse of the veteran) disposes of covered
resources for less than fair market value.
``(D) The date described in this subparagraph is the first
day of the first month in or after which covered resources
were disposed of for less than fair market value and which
does not occur in any other period of ineligibility under
this paragraph.
``(E) The number of months calculated under this
subparagraph shall be equal to--
``(i) the total, cumulative uncompensated value of the
portion of covered resources so disposed of by the veteran
(or the spouse of the veteran) on or after the look-back date
described in subparagraph (C)(i) that the Secretary
determines would reasonably have been consumed for the
veteran's maintenance; divided by
``(ii) the maximum amount of monthly pension that is
payable to a veteran under section 1513 or 1521 of this
title, including the maximum amount of increased pension
payable under such sections on account of family members, but
not including any amount of pension payable under such
sections because a veteran is in need of regular aid and
attendance or is permanently housebound,

rounded, in the case of any fraction, to the nearest whole
number, but shall not in any case exceed 36 months.'';
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``The Secretary''; and
(B) by adding at the end the following new paragraph:
``(2)(A) If a veteran otherwise eligible for payment of
increased pension under subsection (c), (d), (e), or (f) of
section 1521 of this title on account of a child, the spouse
of the veteran, or the child disposes of covered resources
for less than fair market value on or after the look-back
date described in subparagraph (C)(i), the Secretary shall
deny or discontinue payment of such increased pension for
months during the period beginning on the date described in
subparagraph (D) and equal to the number of months calculated
as provided in subparagraph (E).
``(B)(i) For purposes of this paragraph, a covered resource
is any resource that was a part of the corpus of the estate
of the child that the Secretary considers that under all the
circumstances, if the veteran, the spouse of the veteran, or
the child had not disposed of such resource, it would be
reasonable that the resource (or some portion of the
resource) be consumed for the child's maintenance.
``(ii) For purposes of this paragraph, the Secretary may
consider, in accordance with regulations the Secretary shall
prescribe, a transfer of an asset (including a transfer of an
asset to an annuity, trust, or other financial instrument or
investment) a disposal of a covered resource for less than
fair market value if such transfer reduces the amount in the
corpus of the estate of the child that the Secretary
considers, under all the circumstances, would be reasonable
to be consumed for the child's maintenance.
``(C)(i) The look-back date described in this clause is a
date that is 36 months before the date described in clause
(ii).
``(ii) The date described in this clause is the date on
which the veteran applies for payment of increased pension
under subsection (c), (d), (e), or (f) of section 1521 of
this title on account of a child or, if later, the date on
which the veteran, the spouse of the veteran, or the child
disposes of covered resources for less than fair market
value.
``(D) The date described in this subparagraph is the first
day of the first month in or after which covered resources
were disposed of for less than fair market value and which
does not occur in any other period of ineligibility under
this paragraph.
``(E) The number of months calculated under this
subparagraph shall be equal to--
``(i) the total, cumulative uncompensated value of the
portion of covered resources so disposed of by the veteran,
the spouse of the veteran, or the child on or after the look-
back date described in subparagraph (C)(i) that the Secretary
determines would reasonably have been consumed for the
child's maintenance; divided by
``(ii) the maximum amount of increased monthly pension that
is payable to a veteran under subsection (c), (d), (e), or
(f) of section 1521 of this title on account of a child,
rounded, in the case of any fraction, to the nearest whole
number, but shall not in any case exceed 36 months.''; and
(3) by adding at the end the following new subsections:
``(c)(1) The Secretary shall not deny or discontinue
payment of pension under section 1513 or 1521 of this title
or payment of increased pension under subsection (c), (d),
(e), or (f) of section 1521 of this title on account of a
child by reason of the application of subsection (a)(2) or
(b)(2) of this section to the disposal of resources by an
individual to the extent that--
``(A) a satisfactory showing is made to the Secretary (in
accordance with regulations promulgated by the Secretary)
that all resources disposed of for less than fair market
value have been returned to the individual who disposed of
the resources; or
``(B) the Secretary determines, under procedures
established by the Secretary, that the denial or
discontinuance of payment would work an undue hardship as
determined on the basis of criteria established by the
Secretary.
``(2) At the time a veteran applies for pension under
section 1513 or 1521 of this title or increased pension under
subsection (c), (d), (e), or (f) of section 1521 of this
title on account of a child, and at such other times as the
Secretary considers appropriate, the Secretary shall--
``(A) inform such veteran of the provisions of subsections
(a)(2) and (b)(2) providing for a period of ineligibility for
payment of pension under such sections for individuals who
make certain dispositions of resources for less than fair
market value; and
``(B) obtain from such veteran information which may be
used in determining whether or not a period of ineligibility
for such payments would be required by reason of such
subsections.
``(d) Subsections (a)(2) and (b)(2) shall not apply with
respect to the disposal of resources or the transfer of an
asset if such disposal or transfer is to a trust described in
section 1917(d)(4) of the Social Security Act (42 U.S.C.
1396p(d)(4)) that is established for the benefit of a child
of the veteran.''.
(b) Surviving Spouses and Children.--Section 1543 of such
title is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) If a surviving spouse otherwise eligible for
payment of pension under section 1541 of this title disposes
of covered resources for less than fair market value on or
after the look-back date described in subparagraph (C)(i),
the Secretary shall deny or discontinue the payment of
pension to such surviving spouse under section 1541 of this
title for months during the period beginning on the date
described in subparagraph (D) and equal to the number of
months calculated as provided in subparagraph (E).
``(B)(i) For purposes of this paragraph, a covered resource
is any resource that was a part of the corpus of the estate
of the surviving spouse that the Secretary considers that
under all the circumstances, if the surviving spouse had not
disposed of such resource, it would be reasonable that the
resource (or some portion of the resource) be consumed for
the surviving spouse's maintenance.
``(ii) For purposes of this paragraph, the Secretary may
consider, in accordance with regulations the Secretary shall
prescribe, a transfer of an asset (including a transfer of an
asset to an annuity, trust, or other financial instrument or
investment) a disposal of a covered resource for less than
fair market value if such transfer reduces the amount in the
corpus of the estate of the surviving spouse that the
Secretary considers, under all the circumstances, would be
reasonable to be consumed for the surviving spouse's
maintenance.
``(C)(i) The look-back date described in this clause is a
date that is 36 months before the date described in clause
(ii).
``(ii) The date described in this clause is the date on
which the surviving spouse applies for pension under section
1541 of this title or, if later, the date on which the
surviving spouse disposes of covered resources for less than
fair market value.
``(D) The date described in this subparagraph is the first
day of the first month in or after which covered resources
were disposed of for less than fair market value and which
does not occur in any other period of ineligibility under
this paragraph.
``(E) The number of months calculated under this
subparagraph shall be equal to--
``(i) the total, cumulative uncompensated value of the
portion of covered resources so disposed of by the surviving
spouse on or after the look-back date described in
subparagraph (C)(i) that the Secretary determines would
reasonably have been consumed for the surviving spouse's
maintenance; divided by
``(ii) the maximum amount of monthly pension that is
payable to a surviving spouse under section 1541 of this
title, including the maximum amount of increased pension
payable under such section on account of a child, but not
including any amount of pension payable under such section
because a surviving spouse is in need of regular aid and
attendance or is permanently housebound,

rounded, in the case of any fraction, to the nearest whole
number, but shall not in any case exceed 36 months.
``(F) In the case of a transfer by the surviving spouse
during the veteran's lifetime that resulted in a period of
ineligibility for the veteran under section 1522 of this
title,

[[Page H6788]]

the Secretary shall apply to the surviving spouse any
remaining ineligibility for that period.''; and
(C) by adding at the end the following new paragraph:
``(4)(A) If a surviving spouse otherwise eligible for
payment of increased pension under subsection (c), (d), or
(e) of section 1541 of this title on account of a child or
the child disposes of covered resources for less than fair
market value on or after the look-back date described in
subparagraph (C)(i), the Secretary shall deny or discontinue
payment of such increased pension for months during the
period beginning on the date described in subparagraph (D)
and equal to the number of months calculated as provided in
subparagraph (E).
``(B)(i) For purposes of this paragraph, a covered resource
is any resource that was a part of the corpus of the estate
of the child that the Secretary considers that under all the
circumstances, if the surviving spouse or the child had not
disposed of such resource, it would be reasonable that the
resource (or some portion of the resource) be consumed for
the child's maintenance.
``(ii) For purposes of this paragraph, the Secretary may
consider, in accordance with regulations the Secretary shall
prescribe, a transfer of an asset (including a transfer of an
asset to an annuity, trust, or other financial instrument or
investment) a disposal of a covered resource for less than
fair market value if such transfer reduces the amount in the
corpus of the estate of the child that the Secretary
considers, under all the circumstances, would be reasonable
to be consumed for the child's maintenance.
``(C)(i) The look-back date described in this clause is a
date that is 36 months before the date described in clause
(ii).
``(ii) The date described in this clause is the date on
which the surviving spouse applies for payment of increased
pension under subsection (c), (d), or (e) of section 1541 of
this title on account of a child or, if later, the date on
which the surviving spouse (or the child) disposes of covered
resources for less than fair market value.
``(D) The date described in this subparagraph is the first
day of the first month in or after which covered resources
were disposed of for less than fair market value and which
does not occur in any other period of ineligibility under
this paragraph.
``(E) The number of months calculated under this clause
shall be equal to--
``(i) the total, cumulative uncompensated value of the
portion of covered resources so disposed of by surviving
spouse (or the child) on or after the look-back date
described in subparagraph (C)(i) that the Secretary
determines would reasonably have been consumed for the
child's maintenance; divided by
``(ii) the maximum amount of increased monthly pension that
is payable to a surviving spouse under subsection (c), (d),
or (e) of section 1541 of this title on account of a child,

rounded, in the case of any fraction, to the nearest whole
number, but shall not in any case exceed 36 months.''; and
(3) by adding at the end the following new subsections:
``(c)(1) The Secretary shall not deny or discontinue
payment of pension under section 1541 or 1542 of this title
or payment of increased pension under subsection (c), (d), or
(e) of section 1541 of this title on account of a child by
reason of the application of subsection (a)(2), (a)(4), or
(b)(2) of this section to the disposal of resources by an
individual to the extent that--
``(A) a satisfactory showing is made to the Secretary (in
accordance with regulations promulgated by the Secretary)
that all resources disposed of for less than fair market
value have been returned to the individual who disposed of
the resources; or
``(B) the Secretary determines, under procedures
established by the Secretary, that the denial or
discontinuance of payment would work an undue hardship as
determined on the basis of criteria established by the
Secretary.
``(2) At the time a surviving spouse or child applies for
pension under section 1541 or 1542 of this title or increased
pension under subsection (c), (d), or (e) of section 1541 of
this title on account of a child, and at such other times as
the Secretary considers appropriate, the Secretary shall--
``(A) inform such surviving spouse or child of the
provisions of subsections (a)(2), (a)(4), and (b)(2), as
applicable, providing for a period of ineligibility for
payment of pension or increased pension under such sections
for individuals who make certain dispositions of resources
for less than fair market value; and
``(B) obtain from such surviving spouse or child
information which may be used in determining whether or not a
period of ineligibility for such payments would be required
by reason of such subsections.
``(d) Paragraphs (2) and (4) of subsection (a) and
subsection (b)(2) shall not apply with respect to the
disposal of resources or the transfer of an asset if such
disposal or transfer is to a trust described in section
1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4))
that is established for the benefit of a child of the veteran
or surviving spouse.''.
(c) Effective Date.--Subsections (a)(2), (b)(2), and (c) of
section 1522 of title 38, United States Code, as added by
subsection (a), and subsections (a)(2), (a)(4), (b)(2), and
(c) of section 1543 of such title, as added by subsection
(b), shall take effect on the date that is one year after the
date of the enactment of this Act and shall apply with
respect to payments of pension and increased pension applied
for after such date and to payments of pension and increased
pension for which eligibility is redetermined after such
date, except that no reduction in pension shall be made under
such subsections because of any disposal of covered resources
made before such date.
(d) Annual Reports.--
(1) In general.--Not later than two years after the date of
the enactment of this Act and not less frequently than once
each year thereafter through 2018, the Secretary of Veterans
Affairs shall submit to the appropriate committees of
Congress a report on the administration of subsections
(a)(2), (b)(2), and (c) of section 1522 of title 38, United
States Code, as added by subsection (a), and subsections
(a)(2), (a)(4), (b)(2), and (c) of section 1543 of such
title, as added by subsection (b), during the most recent 12-
month period.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following, for the period covered by the
report:
(A) The number of individuals who applied for pension under
chapter 15 of such title.
(B) The number of individuals who received pension under
such chapter.
(C) The number of individuals with respect to whom the
Secretary denied or discontinued payment of pension under the
subsections referred to in paragraph (1).
(D) A description of any trends identified by the Secretary
regarding pension payments that have occurred as a result of
the amendments made by this section.
(E) Such other information as the Secretary considers
appropriate.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Veterans' Affairs and the Select
Committee on Aging of the Senate; and
(B) the Committee on Veterans' Affairs of the House of
Representatives.

SEC. 203. BIFURCATED PAYMENTS OF COMPENSATION BENEFITS UNDER
LAWS ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS.

(a) In General.--Subchapter III of chapter 51 of title 38,
United States Code, is amended by adding at the end the
following new section:

[[Page H6789]]

``Sec. 5127. Bifurcated payments of compensation benefits

``(a) In General.--During the eight-year period beginning
on the date of the enactment of this section, in the case of
a claim described in subsection (b), prior to adjudicating
the claim, the Secretary shall make payments of monetary
benefits to the claimant based on any disability for which
the Secretary has made a decision. Upon the adjudication of
the claim, the Secretary shall pay to the claimant any
monetary benefits awarded to the claimant for the period of
payment under section 5111 of this title less the amount of
such benefits paid to the claimant under this section.
``(b) Claim Described.--A claim described in this
subsection is a claim for disability compensation under
chapter 11 of this title--
``(1) the adjudication of which requires the Secretary to
make decisions with respect to two or more disabilities; and
``(2) for which, before completing the adjudication of the
claim, the Secretary makes a decision with respect to a
disability that would result in the payment of monetary
benefits to the claimant upon the adjudication of the
claim.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end of
the items relating to such subchapter the following new item:

``5127. Bifurcated payments of compensation benefits.''.

(c) Effective Date.--Section 5127 of title 38, United State
Code, as added by subsection (a) shall take effect on the
date that is one year after the date of the enactment of this
Act.

SEC. 204. PENSION FOR CERTAIN VETERANS COVERED BY MEDICAID
PLANS FOR SERVICES FURNISHED BY NURSING
FACILITIES.

Section 5503(d)(7) of title 38, United States Code, is
amended by striking ``November 30, 2016'' and inserting
``September 30, 2018''.

TITLE III--OTHER MATTERS

SEC. 301. REVIEW OF OPERATION OF CERTAIN SHIPS DURING THE
VIETNAM ERA.

(a) Review Required.--By not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall review the logs of each ship under the authority of the
Secretary of the Navy that is known to have operated in the
waters near Vietnam during the period beginning on January 9,
1962, and ending on May 7, 1975, to determine--
(1) whether each such ship operated in the territorial
waters of the Republic of Vietnam during such period; and
(2) for each such ship that so operated--
(A) the date or dates when the ship so operated; and
(B) the distance from the shore of the location where the
ship operated that was the closest proximity to shore.
(b) Provision of Information to the Secretary of Veterans
Affairs.--Upon a determination that any such ship so
operated, the Secretary of Defense shall provide such
determination, together with the information described in
subsection (a)(2) about the ship, to the Secretary of
Veterans Affairs.
(c) Public Availability of Information.--The Secretary of
Veterans Affairs shall make publicly available all
unclassified information provided to the Secretary under
subsection (b).

SEC. 302. METHODS FOR VALIDATING CERTAIN SERVICE CONSIDERED
TO BE ACTIVE SERVICE BY THE SECRETARY OF
VETERANS AFFAIRS.

(a) Findings.--Congress makes the following findings:
(1) The Merchant Marine Act, 1936 established the United
States Maritime Commission, and stated as a matter of policy
that the United States should have a merchant marine that is
``capable of serving as a naval and military auxiliary in
time of war or national emergency''.
(2) The Social Security Act Amendments of 1939 (Public Law
76-379) expanded the definition of employment to include
service ``on or in connection with an American vessel under
contract of service which is entered into within the United
States or during the performance of which the vessel touches
at a port in the United States, if the employee is employed
on and in connection with such vessel''.
(3) The Joint Resolution to repeal sections 2, 3, and 6 of
the Neutrality Act of 1939, and for other purposes (Public
Law 77-294; 55 Stat. 764) repealed section 6 of the
Neutrality Act of 1939 (related to the arming of United
States vessels) and authorized the President during the
national emergency to arm or permit to arm any United States
vessel.
(4) On February 7, 1942, President Franklin D. Roosevelt,
through Executive Order Number 9054, established the War
Shipping Administration that was charged with building or
purchasing, and operating the civilian shipping vessels
needed for the war effort.
(5) During World War II, United States merchant mariners
transported goods and materials through ``contested waters''
to the various combat theaters.
(6) At the conclusion of World War II, United States
merchant mariners were responsible for transporting several
million members of the United States Armed Forces back to the
United States.
(7) The GI Bill Improvement Act of 1977 (Public Law 95-202)
provided that the Secretary of Defense could determine that
service for the Armed Forces by organized groups of
civilians, or contractors, be considered ``active service''
for benefits administered by the Veterans Administration.
(8) Department of Defense Directive 1000.20 directed that
the determination be made by the Secretary of the Air Force,
and established the Civilian/Military Service Review Board
and Advisory Panel.
(9) In 1987, three merchant mariners along with the AFL-CIO
sued Edward C. Aldridge, Secretary of the Air Force,
challenging the denial of their application for veterans
status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C.
1987)), the Court determined that Secretary Aldridge had
failed to ``articulate clear and intelligible criteria for
the administration'' of the application approval process.
(10) During World War II, women were repeatedly denied
issuance of official documentation affirming their merchant
marine seaman status by the War Shipping Administration.
(11) Coast Guard Information Sheet #77 (April 1992)
identifies the following acceptable forms of documentation
for eligibility meeting the requirements set forth in the GI
Bill Improvement Act of 1977 (Public Law 95-202) and Veterans
Programs Enhancement Act of 1998 (Public Law 105-368):
(A) Certificate of shipping and discharge forms.
(B) Continuous discharge books (ship's deck or engine
logbooks).
(C) Company letters showing vessel names and dates of
voyages.
(12) Coast Guard Commandant Order of March 20, 1944,
relieved masters of tugs, towboats, and seagoing barges of
the responsibility of submitting reports of seamen shipped or
discharged on forms, meaning certificates of shipping and
discharge forms are not available to all eligible individuals
seeking to document their eligibility.
(13) Coast Guard Information Sheet #77 (April 1992) states
that ``deck logs were traditionally considered to be the
property of the owners of the ships. After World War II,
however, the deck and engine logbooks of vessels operated by
the War Shipping Administration were turned over to that
agency by the ship owners, and were destroyed during the
1970s'', meaning that continuous discharge books are not
available to all eligible individuals seeking to document
their eligibility.
(14) Coast Guard Information Sheet #77 (April, 1992) states
``some World War II period log books do not name ports
visited during the voyage due to wartime security
restrictions'', meaning that company letters showing vessel
names and dates of voyages are not available to all eligible
individuals seeking to document their eligibility.
(b) Methods for Validating Certain Service Considered to Be
Active Service by the Secretary of Veterans Affairs.--
(1) In general.--For the purposes of verifying that an
individual performed service under honorable conditions that
satisfies the requirements of a coastwise merchant seaman who
is recognized pursuant to section 401 of the GI Bill
Improvement Act of 1977 (Public Law 95-202; 38 U.S.C. 106
note) as having performed active duty service for the
purposes described in paragraph (3)(A), the Secretary of
Homeland Security shall accept the following:
(A) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom no
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, or other
official employment record is available, the Secretary shall
provide such recognition on the basis of applicable Social
Security Administration records submitted for or by the
individual, together with validated testimony given by the
individual or the primary next of kin of the individual that
the individual performed such service during the period
beginning on December 7, 1941, and ending on December 31,
1946.
(B) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom the
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, or other
official employment record has been destroyed or otherwise
become unavailable by reason of any action committed by a
person responsible for the control and maintenance of such
form, logbook, or record, the Secretary shall accept other
official documentation demonstrating that the individual
performed such service during period beginning on December 7,
1941, and ending on December 31, 1946.
(C) For the purpose of determining whether to recognize
service allegedly performed during the period beginning on
December 7, 1941, and ending on December 31, 1946, the
Secretary shall recognize masters of seagoing vessels or
other officers in command of similarly organized groups as
agents of the United States who were authorized to document
any individual for purposes of hiring the individual to
perform service in the merchant marine or discharging an
individual from such service.
(2) Treatment of other documentation.--Other documentation
accepted by the Secretary of Homeland Security pursuant to
paragraph (1)(B) shall satisfy all requirements for
eligibility of service during the period beginning on
December 7, 1941, and ending on December 31, 1946.
(3) Benefits allowed.--
(A) Burial benefits eligibility.--Service of an individual
that is considered active duty pursuant to paragraph (1)
shall be considered as active duty service with respect to
providing burial benefits under chapters 23

[[Page H6790]]

and 24 of title 38, United States Code, to the individual.
(B) Medals, ribbons, and decorations.--An individual whose
service is recognized as active duty pursuant to paragraph
(1) may be awarded an appropriate medal, ribbon, or other
military decoration based on such service.
(C) Status of veteran.--An individual whose service is
recognized as active duty pursuant to paragraph (1) shall be
honored as a veteran but shall not be entitled by reason of
such recognized service to any benefit that is not described
in this subsection.
(4) Determination of coastwise merchant seaman.--The
Secretary of Homeland Security shall verify that an
individual performed service under honorable conditions that
satisfies the requirements of a coastwise merchant seaman
pursuant to this section without regard to the sex, age, or
disability of the individual during the period in which the
individual served as such a coastwise merchant seaman.
(5) Definition of primary next of kin.--In this section,
the term ``primary next of kin'' with respect to an
individual seeking recognition for service under this section
means the closest living relative of the individual who was
alive during the period of such service.
(6) Effective date.--This section shall take effect 90 days
after the date of the enactment of this Act.

SEC. 303. DESIGNATION OF AMERICAN WORLD WAR II CITIES.

(a) In General.--The Secretary of Veterans Affairs shall
designate at least one city in the United States each year as
an ``American World War II City''.
(b) Criteria for Designation.--After the designation made
under subsection (c), the Secretary, in consultation with the
Secretary of Defense, shall make each designation under
subsection (a) based on the following criteria:
(1) Contributions by a city to the war effort during World
War II, including those related to defense manufacturing,
bond drives, service in the Armed Forces, and the presence of
military facilities within the city.
(2) Efforts by a city to preserve the history of the city's
contributions during World War II, including through the
establishment of preservation organizations or museums,
restoration of World War II facilities, and recognition of
World War II veterans.
(c) First American World War II City.--The city of
Wilmington, North Carolina, is designated as an ``American
World War II City''.

SEC. 304. OBSERVANCE OF VETERANS DAY.

(a) Two Minutes of Silence.--Chapter 1 of title 36, United
States Code, is amended by adding at the end the following
new section:

``Sec. 145. Veterans Day

``The President shall issue each year a proclamation
calling on the people of the United States to observe two
minutes of silence on Veterans Day in honor of the service
and sacrifice of veterans throughout the history of the
Nation, beginning at--
``(1) 3:11 p.m. Atlantic standard time;
``(2) 2:11 p.m. eastern standard time;
``(3) 1:11 p.m. central standard time;
``(4) 12:11 p.m. mountain standard time;
``(5) 11:11 a.m. Pacific standard time;
``(6) 10:11 a.m. Alaska standard time; and
``(7) 9:11 a.m. Hawaii-Aleutian standard time.''.
(b) Clerical Amendment.--The table of sections for chapter
1 of title 36, United States Code, is amended by adding at
the end the following new item:

``145. Veterans Day.''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentleman from Maine (Mr. Michaud) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.

General Leave

Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and add any extraneous material they may have on H.R. 2189.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, one of the most challenging issues facing the Department
of Veterans Affairs and the veterans it serves is the huge disability
backlog. According to last week's backlog report, there were 717,000
claims for disability compensation waiting for a decision, and almost
412,000, or 57 percent, of those claims were above the Secretary's
stated processing goal of 125 days. In short, 57 percent of VA's claims
work is currently backlogged. Although I am glad we have seen some
progress of late, a 57 percent backlog is not acceptable. If we are
going to reach the Secretary's goal of ending the backlog by 2015, we
will all need a focused effort, and the provisions of this bill will
help achieve that goal.
H.R. 2189, as amended, reflects the committee's bipartisan efforts to
bring additional transparency to this very troubling and decades-old
problem. I know that other Members are here to provide a brief
description of the bill that they have sponsored, or those who have
worked closely on the legislation, but I want to highlight some of the
key provisions.
Title I would establish a commission or a task force to evaluate the
backlog of disability claims and the appeals process related to those
claims. Time is of the essence, so the commission would be required to
submit a series of interim reports to Congress and a final report to
the President and to the Congress 180 days after the commission's first
meeting. The purpose of the task force is very simple: we need the best
and the brightest minds to put forward workable solutions that can be
implemented immediately. Even though VA has made recent progress, it is
still well short of its own goals. We must not take our foot off the
gas when it comes to ending the backlog once and for all, and ideas
coming from this focused task force will assist in that effort.
Title I of the bill would also direct VA to provide a supplemental
report to its strategic plan to eliminate the compensation claims
backlog within 60 days of enactment and every 120 days thereafter until
May 25, 2015. The purpose of this provision is to hold VA accountable
for the full execution of its own strategic plan. Too often, VA has
made lofty promises, and its efforts have fallen short. This provision,
authored by our majority whip, will verify progress every single step
of the way.
Title II of the bill would extend and expand VA's authority to use
contract examinations during its disability examination process. VA's
use of contract providers serves two purposes. First, because quality
and timely exams are an essential component of the claims process,
having additional providers to assist in the effort is critical.
Second, use of non-VA examiners frees up the time that VA medical
professionals can spend treating veterans at clinics and hospitals.
Finally, title III would require the Secretary of Defense to catalog
all Vietnam-era ships as serving in either ``blue'' or ``brown'' water
for purposes of awarding service-connection on a presumptive basis to
veterans potentially exposed to agent orange. Currently, only veterans
serving in the inland waterways, or ``brown'' waters, of Vietnam are
eligible for compensation on a presumptive basis. The problem is that
some vessels which served offshore in the ``blue'' waters of Vietnam
sent smaller vessels ashore. Without an accurate cataloging of these
visits, compensation may unfairly be denied to deserving veterans. This
provision will assist VA in making accurate decisions in this sensitive
area.
Enactment of H.R. 2189 will not completely solve the claims backlog,
but I do think it is a good step in the right direction. I thank the
subcommittee chairman, Mr. Runyan, and his ranking member, Ms. Titus,
for their hard work in moving the bill through the subcommittee as
well. Everybody on the committee worked together to bring this piece of
legislation to the floor tonight.
I reserve the balance of my time.
Mr. MICHAUD. Mr. Speaker, I rise in support of H.R. 2189, as amended,
and I yield myself such time as I may consume.
Mr. Speaker, H.R. 2189, as amended, is a bipartisan omnibus bill
addressing veterans' disability benefits and compensation. This bill
includes provisions from nine other measures. These bills are part of
the slate of commonsense legislation introduced in May of this year. It
provides the Department of Veterans Affairs with additional tools and
reforms to assist in eliminating the backlog.
Included are provisions from H.R. 2086, the Pay As You Rate Act,
introduced by the Disability Assistance and Memorial Affairs
Subcommittee ranking member, Representative Titus of Nevada; H.R. 1809,
the Faster Filing Act, introduced by Representative O'Rourke from
Texas; H.R. 1623, the Claims Efficiency Through Information Act,
introduced by Representative Negrete McLeod of California; H.R. 1759,
introduced by Representative

[[Page H6791]]

Ruiz of California; H.R. 1805, the Veterans Claims Efficiency Through
Automation Act, introduced by Representative Kuster of New Hampshire;
H.R. 1824, the VA Regional Office Accountability Act, introduced by
Representative Meng of New York; H.R. 1521, the Disabled Veterans Red
Tape Reduction Act, introduced by Representative Sean Patrick Maloney
of New York; H.R. 864, which will designate at least one city in the
United States each year as an ``American World War II City,''
introduced by Representative McIntyre of North Carolina; and H.R. 1288,
the World War II Merchant Mariner Service Act, introduced by
Representative Butterfield of North Carolina.

Collectively, H.R. 2189, as amended, gives VA real, useful tools they
can begin using now. These tools will assist the Department of Veterans
Affairs in making significant progress on its goal of eliminating the
backlog by 2015.
The legislation will require VA to pay veterans more quickly. It will
provide them with information that may lead to veterans receiving a
quicker decision on their claims. It will formulate a task force to
attack the growing appeals backlog, and it will require the VA to start
tracking information that will help them better understand the claims
inventory.
I want to thank my colleagues on both sides of the aisle for their
bipartisan effort to create a smart, pragmatic solution. Together we
will help VA provide better benefits and services to our veterans. I
also want to thank the staff on both sides of the aisle for their work
on this legislation. I urge my colleagues to support H.R. 2189, as
amended.
I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I yield 2 minutes to the
gentleman from New Jersey (Mr. Runyan), who chairs the Subcommittee on
Disability Assistance and Memorial Affairs.
Mr. RUNYAN. Mr. Speaker, I thank Chairman Miller for yielding to me.
As chairman of the House Veterans' Subcommittee on Disability
Assistance and Memorial Affairs, I am keenly aware that one of the most
critical issues impacting our Nation's veterans is the severe veterans'
claims backlog.
Recently, the Department of Veterans Affairs reported it had a
backlog of more than 400,000 veterans' benefits claims as the fiscal
year ended in September. This is simply unacceptable. To help speed up
the veterans' claims process, we must look at every phase of that
process.
One of the first steps in this process is the medical exam to
determine benefit eligibility. That is why earlier this year I
introduced H.R. 2423, the Disabled Veterans' Access to Medical Exams
Improvement Act, provisions of which are now contained within section
201 of H.R. 2189. This section would extend the authority of the
Secretary of Veterans Affairs to enter into contracts with private
physicians to conduct veterans' medical disability evaluations.
With the passage of this bill, this successful program allowing
physicians outside the VA to conduct contract examinations would
continue for an additional 3 years, until 2016. This would allow VA to
more quickly evaluate veterans' disabilities and facilitate quicker
access to the care they need.
Second, this bill would also extend license portability to contract
examination providers, meaning that physicians with an active State
license may provide C&P exams in other States because they are working
on behalf of the Federal Government. Although the VA and DOD already
provide license portability for physicians working directly for them,
this authority is not extended to contract examination providers. This
provision is designed to facilitate the C&P examination process by
allowing contract physicians the flexibility to travel and assist in
areas that are experiencing lengthy delays in scheduling examinations.
Finally, this piece of legislation would also expand the number of VA
regional offices that would utilize contract examinations from 10 to
15. These medical examinations are a key component of the disability
claims process. By expanding the authority and scope of the contract
examinations process, veterans would receive the necessary medical
evidence for their claim in a timely manner.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. MILLER of Florida. I yield an additional 30 seconds to the
gentleman.
Mr. RUNYAN. Mr. Speaker, I thank the chairman.
This would reduce overall claim development and processing time,
resulting in the faster issuance of a final decision for the claim.
I support H.R. 2189, as amended to include my provision, and
encourage all Members to support this important bill for veterans.
Mr. MICHAUD. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Nevada (Ms. Titus).
Ms. TITUS. Mr. Speaker, I thank Mr. Michaud for yielding to me.
As ranking member of the Subcommittee on Disability Assistance and
Memorial Affairs, I strongly support the bill before us, the omnibus
bill, H.R. 2189.
This legislation includes my bill, H.R. 2086, the Pay As You Rate
Act, which would require the VA to pay benefits to veterans as
individual components of their claims are reviewed rather than at the
completion of the entire claim.
Currently, veterans typically receive payments when all medical
conditions within a claim are fully adjudicated. Veterans returning
from Iraq and Afghanistan average 8.5 components in their claims. While
some of these are very complex and time-consuming, other components are
simpler.

The Pay As You Rate Act will require the VA to pay veterans as
individual medical conditions are adjudicated, providing tens of
thousands of veterans and their families much-needed financial support
while the VA continues to work on the more complex aspects of their
claims.
I thank Chairman Miller, Ranking Member Michaud, and Chairman Runyan
for including my provision and other Democratic bills in this
legislation.
Collectively, the legislation before us today should assist VA in its
continued effort to transform the claims process from mountains of
paper to a more efficient, effective electronic system. In just the
past few months, the VA has made great strides in serving our Nation's
heroes by reducing the benefits backlog. The VA has set ambitious
goals, and Congress should work to support those efforts. More needs to
be done, and it needs to be done quickly to ensure that veterans
receive the benefits they have earned in a timely fashion.
I am also pleased to have worked with Chairman Miller on some of the
task force provisions of this legislation. The provision that I added
at the full committee markup would improve the proposed task force by
including a subcommittee to look at the appeals process. While the VA
is making significant progress in reducing the backlog, it is important
that we are not creating a new backlog of appeals in the years to come.
This subcommittee would be charged with making recommendations aimed at
preventing that future backlog of appeals.
So I thank you, and I support the bill.
Mr. MILLER of Florida. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Florida (Mr. Rooney).

{time} 1645

Mr. ROONEY. Mr. Speaker, I rise today in support of the Veterans
Pension Protection Act as part of this important legislation.
Last year, veterans groups came to my office with a problem called
``pension poaching'' that targets retired veterans. Currently, the VA
only considers income at the time a veteran applies for benefits,
meaning it can't determine if an applicant has diverted assets to
qualify for benefits.
Under this scam, unethical financial advisers and firms prey on
elderly veterans by promising to help them qualify for VA pension
benefits if they divert their assets into trusts or annuities and
charge excessive fees for their services. GAO has identified this fraud
as a major weakness in the VA pension program, leaving taxpayers and
retired veterans on the hook.
My bill imposes a 36-month look-back period that would track
veterans' incomes to determine if they are truly eligible. This will
discourage financial predators from duping elderly veterans, help
reduce the claims backlog, and ensure that low-income individuals for
whom the program was intended are not robbed of their benefits.

[[Page H6792]]

I want to thank Congressmen Schrader, Bilirakis, and Barber for their
work on this bill, and especially Chairman Miller for including it as
part of this package to improve services for our Nation's veterans.
Mr. MICHAUD. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Mrs. Negrete McLeod).
Mrs. NEGRETE McLEOD. Mr. Speaker, I rise to support H.R. 2189, which
includes provisions from the VA Claims Efficiency Through Information
Act of 2013, which I introduced in April, that will require VA to track
the time spent evaluating each medical condition in a disability
compensation claim. VA would have to report the number of completed
claims by region and by medical condition for the current and preceding
month and year.
As Veterans Day approaches, we should remember veterans who are
struggling to find work while living with service-connected
disabilities. VA compensation is needed so veterans can support
themselves and avoid homelessness.
The VA's legacy paper system has made it difficult to process claims
of older veterans who need additional compensation later in life.
Claims of younger veterans can also take longer to process because they
have multiple medical conditions.
The claims backlog is a serious problem for the VA and the U.S.
Department of Veterans Affairs. Since July, the Los Angeles regional
office has reduced the average time to process claims from 600 days to
400 days. The VA still has a long way to go to meet its own goal of 125
days, and the backlog will not end overnight and may even go up as more
men and women apply for benefits.
No one is looking at directing blame but, instead, searching for a
way to work together, and Congress and the VA must be willing to
explore new methods for delivering services to veterans in the 21st
century for the growing veteran population.
I thank Mr. Miller for allowing my bill to be included in his.
Mr. MILLER of Florida. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Colorado (Mr. Coffman), the chairman of the Subcommittee
on Oversight and Investigations.
Mr. COFFMAN. Mr. Speaker, I would like to thank Chairman Miller and
Ranking Member Michaud for their leadership on the committee and their
commitment to maintaining strong oversight over the VA and their goal
to reduce the backlog.
During my time on the House Veterans' Affairs Committee, I have
enjoyed the strong bipartisanship and the committee's dedication to get
results for our veterans. Whether it is between Ranking Member
Kirkpatrick and me on the Oversight Committee or Chairman Miller and
Ranking Member Michaud on the full committee, we all share the same
desire to help our veterans and do everything we can to help the VA
operate more efficiently and effectively.
Fortunately for our veterans, this desire to help goes beyond the
Veterans' Affairs Committee and is present in the entire House of
Representatives. Earlier this year, I, along with 150 Members of the
House, sent a letter to the President urging his immediate action to
reduce this backlog.
Today, the House will have another opportunity to show its unity for
veterans in passing H.R. 2189. This bill will aid the VA by
establishing a task force to evaluate the backlog of veterans'
disability claims, ensuring the VA will find innovative ways to reduce
the backlog.
Currently, there are over 400,000 claims that have been waiting for
over 125 days to process.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. MILLER of Florida. I yield the gentleman an additional 30
seconds.
Mr. COFFMAN. Although the VA has made some progress recently, the
pace is still too slow for many of our veterans waiting for their
claims to be processed.
As a Marine Corps combat veteran, I am proud to join my colleagues on
the House Veterans' Affairs Committee to urge the passage of H.R. 2189.
There are nearly 400,000 veterans in Colorado, and these men and women
need Washington to step up and help the VA to reduce the backlog.
Mr. MICHAUD. Mr. Speaker, I yield 2 minutes to the gentlewoman from
New Hampshire (Ms. Kuster).
Ms. KUSTER. Mr. Speaker, I thank Mr. Michaud and our chair.
As a member of the Veterans' Affairs Committee, I was proud that we
worked together to draft this bipartisan legislative package to help
get veterans' claims settled faster and more efficiently.
Today, I am happy to join my colleagues from both sides of the aisle
in passing this package, which includes my bill, the Veterans Claims
Efficiency Through Automation Act. This commonsense legislation will
push the VA to focus on the greater use of automation to
boost efficiency and settle claims faster.

As our servicemembers and veterans transition back to civilian life,
it is imperative that the VA and the DOD continue to collaborate on
improving the delivery of care, eliminating the claims backlog, and
mitigating the impact of sequestration.
It is simply unacceptable that so many of our heroic veterans are
unable to get timely access to the care and services that they have
earned. This bill is an important step toward addressing this problem,
and I will keep fighting to end the backlog until the job is done.
We owe it to our men and women in uniform, to our veterans, and to
our military families to do all that we can to ensure that their
benefits and other services transfer from the Department of Defense to
the Veterans Administration. I look forward to continuing to work with
my colleagues on both sides of the aisle to ensure effective and timely
collaboration between the two departments and to eliminate this claims
backlog once and for all.
Mr. MILLER of Florida. Mr. Speaker, I yield 1 minute to the gentleman
from Kinderhook, New York (Mr. Gibson).
Mr. GIBSON. Mr. Speaker, as I rise in support of the bill, I thank
the chairman, the ranking member, and all the members of the committee
and the staff for their work.
Our veterans deserve our very best effort, and it is simply taking
too long to process these claims. We have got to do better. I believe
this bill will take a step in the right direction.
I also appreciate the leadership of this committee including one of
my bills along with this bill.
Since arriving here, I have been working on supporting our Vietnam
veterans who have been exposed to agent orange. The chairman mentioned
that if you served on the ground or in the river in the Navy, you get
presumed coverage; but if you served just offshore, you don't get that
presumed coverage. I believe that needs to change.
I have the bill to do that. Until the time of such policy change, I
believe the DOD and VA need to be better organized so that we can work
this out on a case-by-case basis, which is what we are doing right now.
The leadership was kind enough to include that bill in this effort. I
think we are going to make a positive difference.
I do want to give a shout-out to a couple of ladies in upstate New
York making a difference, Carol Olszanecki and Susie Belanger, for the
work that they have done on this, and we are going to continue to work
it together.

=========================== NOTE ===========================

October 28, 2013, on page H6792, the following appeared:
difference, Carole Olszanowski and Susie Berringer, for

The online version should be corrected to read: difference,
Carol Olszanecki and Susie Belanger, for

========================= END NOTE =========================

I urge support of this bill.
Mr. MICHAUD. Mr. Speaker, at this time I yield 2 minutes to the
gentleman from Texas (Mr. O'Rourke).
Mr. O'ROURKE. Mr. Speaker, I rise in strong support of this
legislation, which will help us to reduce the unacceptably long wait
times for our veterans who are waiting to hear back on service-
connected disability claims.
In El Paso, Texas, I have the honor of representing almost 80,000
veterans. Right now, their average wait time out of the Waco regional
office is nearly 460 days to hear back on a service-connected
disability claim. I visited that office not too long ago and witnessed
people carrying around the claims files for single veterans in hand
trucks with the files and the paperwork measuring 3 to 4 feet in some
cases.
That is why, along with Paul Cook, I introduced bipartisan
legislation earlier this year to work with no cost to reduce that wait
time by informing veterans of the average wait time to file a
disability claim amongst all available methods. From the slowest, which
is an incomplete paper-based

[[Page H6793]]

claim, to the fastest, which is a fully developed claim filed online.
I am pleased that this legislation in section 109 includes this bill
called the Faster Filing Act. I am convinced it will help us to get our
veterans the response in the time they deserve. After all, they have
sacrificed their health, their security, and their safety for ours. We
need to meet our end of the obligation.
I want to thank Chairman Miller and Ranking Member Michaud. I also
want to thank Mr. Broun from the committee staff and Erin Snow from my
legislative team for helping to write the legislation. And I encourage
all of my colleagues in the House to pass this without delay.
Mr. MILLER of Florida. Mr. Speaker, it is my honor to yield 1 minute
to the gentleman from the 12th District of Pennsylvania (Mr. Rothfus).
Mr. ROTHFUS. Mr. Speaker, I rise in strong support of H.R. 2189. This
legislation is an important step forward in addressing and resolving
the VA's disability claims backlog.
We owe our veterans a debt of gratitude that can never be repaid.
Unfortunately, veterans in western Pennsylvania and around the Nation
are forced to endure excessive wait times for their disability claims
to be processed. That is unacceptable, and our veterans deserve better.
Finding ways to better serve our veterans is one of my top priorities
in Congress. The legislation we are considering today increases
reporting and oversight, improves coordination between the VA and other
Federal agencies, provides more training for VA claims processors, and
establishes a task force to look for other ways to address the backlog.
Together these actions will bring transparency and accountability to
the VA all in an effort to improve customer service to our veterans and
their families.
I thank House Veterans' Affairs Committee Chairman Jeff Miller,
Ranking Member Michaud, and Majority Whip Kevin McCarthy for their
leadership; and I look forward to continuing to work with them to find
ways to better serve our veterans.
Mr. MICHAUD. Mr. Speaker, I yield 2 minutes to the gentleman from
Massachusetts (Mr. Lynch).
Mr. LYNCH. Mr. Speaker, I want to thank the ranking member for
yielding me time, and I also want to thank Chairman Miller for his hard
work on this bill.
Mr. Speaker, I rise in support of H.R. 2189. This legislation takes
important steps to address the deplorable disability claims backlog at
the Veterans Affairs Administration.
It does so by establishing a special task force to evaluate the full
extent of the backlog and, more importantly, to determine solutions to
eliminate the backlog. We all agree our veterans deserve better.
It is in this same spirit that I introduced H.R. 2185, Veterans Day
Moment of Silence Act. This bill brings together all Americans to
observe 2 minutes of silence each Veterans Day. It is a time when we
all, regardless of ideology, can stop and reflect on the brave service
of generations of U.S. veterans.
I want to thank Chairman Miller and Ranking Member Michaud for
including the text of my bill into the text of H.R. 2189. Particularly,
I want to thank Daniel and Michael Bendetson and their father, Dr.
Peter Bendetson. As a family, they have worked relentlessly to bring
the moment-of-silence provision to fruition, and I am honored to
present this proposal today on their behalf in this 113th Congress.
Again, I am thankful to Mr. Michaud and to Chairman Miller for
enabling this provision to come to a vote today, and I urge my
colleagues to support H.R. 2189. It is a very timely bill. With
hundreds of thousands of returning veterans from Iraq and Afghanistan
and with over 700,000 veterans waiting for disability determinations,
it is a very important bill.
Mr. MILLER of Florida. Mr. Speaker, I yield 2 minutes to the
gentleman from California (Mr. McCarthy), the majority whip, who has
been a strong supporter of veterans issues in this legislative body.

{time} 1700

Mr. McCARTHY of California. Mr. Speaker, I rise today in support of
H.R. 2189, legislation that will provide real relief to hundreds of
thousands of our Nation's veterans.
I first want to thank Chairman Miller because this bill includes the
provisions that are a result of the GAO audit that Chairman Miller and
I requested on the Department of Veterans Affairs due to the numerous
complaints from veterans in all of our districts who had to wait months
and, oftentimes, years for benefits. The audit confirmed these
veterans' worst complaints about the severity of the claims and the
backlog.
The GAO identified the Los Angeles regional office, which serves many
of my local veterans in my home district, as one of the worst in the
country. According to the current data, 61 percent of the over 16,000
claims are still backlogged.
Recent data from the VA shows that the Department processed 100,000
less claims than they planned for fiscal year 2013. Clearly, the VA is
unable to implement needed reforms themselves.
This legislation today addresses the backlog problems in the VA by
focusing on streamlining required paperwork and communications between
Federal agencies and ensuring continued and, if needed, relentless
congressional oversight of the administration's timeline to clear the
compensation claims backlog.
When called to serve the United States of America, our Nation's
veterans have answered. It is time Congress and the Department of
Veterans Affairs answer their call as well.
Mr. Speaker, I urge my colleagues to join me in supporting our
veterans and supporting this bill to end the backlog.
Mr. MICHAUD. Mr. Speaker, I have no further speakers. I would
encourage my colleagues on both sides of the aisle to support H.R.
2189, as amended.
Once again, I want to thank Chairman Miller and his staff for working
very diligently on this piece of legislation, along with my staff on
the minority side, and for bringing this forward.
Mr. Speaker, I yield back the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, H.R. 2189 is a strong step
forward in helping to resolve the severe backlog of disability claims
that exist today at the Department of Veterans Affairs.
I thank all the members of our committee for their bipartisan work on
this bill, and I urge my colleagues to join us in passing H.R. 2189, as
amended.
Mr. Speaker, I yield back the balance of my time.
Mr. GINGREY of Georgia. Mr. Speaker, I rise today in support of H.R.
2189, legislation to establish a commission to evaluate the backlog of
disability claims at the Department of Veterans Affairs.
Although the VA has made important progress on reducing the backlog
over the past several months, it still fell nearly 100,000 claims short
of its Fiscal Year 2013 processing goal. As of October 19th, more than
400,000 disability claims remain backlogged at the VA. This problem
persists despite the fact that Congress has given the VA every resource
that they have asked for to end this problem. We must remain committed
to a goal of completely eliminating this backlog.
Our veterans deserve timely processing of claims so that they can get
the care and compensation that they so deserve. The legislation before
us today will get us closer to that goal by establishing a task force
to evaluate the backlog and appeals process of claims. Furthermore,
H.R. 2189 directs the commission to analyze potential improvements to
the current system and solutions to solve the problem and in turn
requires the VA to implement appropriate solutions.
Our brave men and women in uniform put their lives on the line to
protect our freedoms, and we must do everything in our power to
demonstrate our gratitude for their dedication and sacrifice. A first
step in that process is ensuring that our veterans are not forced to
wait hundreds of days simply to have their disability claims processed.
Mr. Speaker, we owe our veterans efficient and effective care. I urge
my colleagues to join me in supporting H.R. 2189 so that we can find a
solution to ending the backlog once and for all.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Miller) that the House suspend the rules
and pass the bill, H.R. 2189, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. MICHAUD. Mr. Speaker, on that I demand the yeas and nays.

[[Page H6794]]

The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.

____________________