[Congressional Record Volume 161, Number 87 (Tuesday, June 2, 2015)]
[Senate]
[Page S3517]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1467. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1735, to authorize appropriations for fiscal year 
2016 for military activities of the Department of Defense and for 
military construction, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1085. MAKING PERMANENT SPECIAL EFFECTIVE DATE FOR AWARDS 
                   OF DISABILITY COMPENSATION BY SECRETARY OF 
                   VETERANS AFFAIRS FOR VETERANS WHO SUBMIT 
                   APPLICATIONS FOR ORIGINAL CLAIMS THAT ARE 
                   FULLY-DEVELOPED.

       Section 5110(b)(2)(C) of title 38, United States Code, is 
     amended by striking ``and shall not apply with respect to 
     claims filed after the date that is three years after the 
     date of the enactment of such Act''.

     SEC. 1086. PROVISIONAL BENEFITS AWARDED BY SECRETARY OF 
                   VETERANS AFFAIRS FOR FULLY DEVELOPED CLAIMS 
                   PENDING FOR MORE THAN 180 DAYS.

       (a) In General.--Chapter 53 of title 38, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 5319A. Provisional benefits awarded for fully 
       developed claims pending for extended period

       ``(a) Provisional Awards Required.--For each application 
     for disability compensation that is filed for an individual 
     with the Secretary, that sets forth an original claim that is 
     fully-developed (as determined by the Secretary) as of the 
     date of submittal, and for which the Secretary has not made a 
     decision, beginning on the date that is 180 days after the 
     date on which such application is filed with the Secretary, 
     the Secretary shall award the individual a provisional 
     benefit under this section.
       ``(b) Provisional Awards Established.--A provisional 
     benefit awarded pursuant to subsection (a) for a claim for 
     disability compensation shall be for such monthly amount as 
     the Secretary shall establish for each classification of 
     disability claimed as the Secretary shall establish.
       ``(c) Recovery.--Notwithstanding any other provision of 
     law, the Secretary may recover a payment of a provisional 
     benefit awarded under this section for an application for 
     disability compensation only--
       ``(1) in a case in which the Secretary awards the 
     disability compensation for which the individual filed the 
     application and the Secretary may only recover such 
     provisional benefit by subtracting it from payments made for 
     the disability compensation awarded; or
       ``(2) in a case in which the Secretary determines not to 
     award the disability compensation for which the individual 
     filed the application and the Secretary determines that the 
     application was the subject of intentional fraud, 
     misrepresentation, or bad faith on behalf of the 
     individual.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 53 of such title is amended by inserting 
     after the item relating to section 5319 the following new 
     item:

``5319A. Provisional benefits awarded for fully developed claims 
              pending for extended period.''.
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