[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.'';
       (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 child otherwise eligible for payment of 
     pension under section 1542 of this title or any person with 
     whom such child is residing who is legally responsible for 
     such child's support 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 child under 
     section 1542 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 child or the corpus of the estate of any person with 
     whom such child is residing who is legally responsible for 
     such child's support that the Secretary considers that under 
     all the circumstances, if the child or person 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 described in clause (i) 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 child applies for pension under section 1542 of 
     this title or, if later, the date on which the child (or 
     person described in subparagraph (B)) disposes of covered 
     resources for less than fair market value.
       ``(D) The date described in this clause 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 the child (or 
     person described in subparagraph (B)) 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 monthly pension that is 
     payable to a child under section 1542 of this title,

     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.

                          ____________________