[Congressional Record Volume 162, Number 23 (Tuesday, February 9, 2016)]
[House]
[Pages H617-H628]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1600
AMERICAN HEROES COLA ACT OF 2015
Mr. ABRAHAM. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 677) to amend title 38, United States Code, to provide for
annual cost-of-living adjustments to be made automatically by law each
year in the rates of disability compensation for veterans with service-
connected disabilities and the rates of dependency and indemnity
compensation for survivors of certain service-connected disabled
veterans, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 677
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American
Heroes COLA Act of 2015''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Expansion of eligibility for medallions.
Sec. 3. Definitions relating to claims for benefits under laws
administered by the Secretary of Veterans Affairs.
Sec. 4. Quarterly reports on formal and informal claims for benefits
under laws administered by Secretary of Veterans Affairs.
Sec. 5. Expedited payment of survivor's benefits.
Sec. 6. Priority for processing claims of the Department of Veterans
Affairs.
Sec. 7. Treatment of medical evidence provided by non-Department of
Veterans Affairs medical professionals in support of
claims for disability compensation.
Sec. 8. Automatic annual increase in rates of disability compensation
and dependency and indemnity compensation.
Sec. 9. Improvement of fiduciaries for veterans.
Sec. 10. Board of Veterans' Appeals video hearings.
Sec. 11. Improvements to authority for performance of medical
disabilities examinations by contract physicians.
Sec. 12. Pilot program on fully developed appeals.
Sec. 13. Deadline for certification of appeals forms by regional
offices of the Department of Veterans Affairs.
Sec. 14. Evaluation of backlog of disability claims and appeals of
claims of Department of Veterans Affairs.
Sec. 15. Methods for validating certain World War II Merchant Mariner
service considered to be active service by the Secretary
of Veterans Affairs.
Sec. 16. Designation of American World War II Cities.
Sec. 17. Sense of Congress regarding American veterans disabled for
life.
Sec. 18. Extension of pilot program on counseling in retreat settings
for women veterans newly separated from service in the
Armed Forces.
SEC. 2. EXPANSION OF ELIGIBILITY FOR MEDALLIONS.
Section 2306(d)(4) of title 38, United States Code, is
amended to read as follows:
``(4)(A) In lieu of furnishing a headstone or marker under
this subsection to a deceased individual described in
subparagraph (B), the Secretary may furnish, upon request, a
medallion or other device of a design determined by the
Secretary to signify the deceased individual's status as a
veteran, to be attached to a headstone or marker furnished at
private expense.
``(B) A deceased individual described in this subsection is
an individual who--
``(i) served in the Armed Forces on or after April 6, 1917;
and
``(ii) is eligible for a headstone or marker furnished
under paragraph (1) (or would be so eligible but for the date
of the death of the individual).''.
SEC. 3. DEFINITIONS RELATING TO CLAIMS FOR BENEFITS UNDER
LAWS ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) Definitions.--
(1) In general.--Section 5100 of title 38, United States
Code, is amended to read as follows:
``Sec. 5100. Definitions
``In this chapter:
``(1) The term `claimant' means any individual applying
for, or submitting a claim for, any benefit under the laws
administered by the Secretary.
``(2) The term `claim' means a communication in writing
requesting a determination of entitlement or evidencing a
belief in entitlement to a benefit under the laws
administered by the Secretary.
``(3) The term `formal claim' means a claim submitted on an
application form prescribed by the Secretary.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 51 of such title is further amended by
striking the item relating to section 5100 and inserting the
following new item:
``5100. Definitions.''.
(b) Effective Date.--Section 5100 of title 38, United
States Code, as amended by subsection (a), shall take effect
on the date of the enactment of this Act and shall apply with
respect to a claim submitted on or after such date.
SEC. 4. QUARTERLY REPORTS ON FORMAL AND INFORMAL CLAIMS FOR
BENEFITS UNDER LAWS ADMINISTERED BY SECRETARY
OF VETERANS AFFAIRS.
(a) Quarterly Reports.--During the five-year period
beginning on the date of the enactment of this Act, the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives quarterly reports
on formal and informal claims submitted to the Secretary.
Each such report shall include, for the three-month period
covered by the report--
(1) the total number of claims submitted to the Secretary;
(2) the total number of informal claims submitted to the
Secretary;
(3) the total number of formal claims submitted to the
Secretary;
(4) the total number of forms indicating an intent to file
a claim for benefits submitted to the Secretary;
(5) the total number of claims notification letters that
included an invitation to the claimant to submit an
additional formal claim that was reasonably raised during the
adjudication of the claim for which the notification letter
is sent;
(6) of the claimants who received notification letters
described in paragraph (5), the total number who submitted a
formal claim in response to the invitation included in the
letter;
(7) the total number of electronically filed claims
submitted to the Secretary; and
(8) the total number of fully-developed claims submitted to
the Secretary.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Veterans Affairs should develop a designated
form for an increase or reopening of a claim that does not
require the resubmittal of information previously submitted
on a formal claim form.
(c) Definitions.--In this section:
[[Page H618]]
(1) The terms ``claim'', ``claimant'', and ``formal claim''
have the meanings given such terms in section 5100 of title
38, United States Code, as amended by section 4.
(2) The term ``informal claim'' means a communication in
writing requesting a determination of entitlement or
evidencing a belief in entitlement, to a benefit under the
laws administered by the Secretary of Veterans Affairs that--
(A) is submitted in a format other than on an application
form prescribed by the Secretary;
(B) indicates an intent to apply for one or more benefits
under the laws administered by the Secretary;
(C) identifies the benefit sought;
(D) is made or submitted by a claimant, his or her duly
authorized representative, a Member of Congress, or another
person acting on behalf of a claimant who meets the
requirements established by the Secretary for such purpose;
and
(E) may include a report of examination or hospitalization,
if the report relates to a disability which may establish
such an entitlement.
(3) The term ``reasonably raised'' with respect to a claim
means that evidence of an entitlement to a benefit under the
laws administered by the Secretary is inferred or logically
placed at issue upon a sympathetic reading of another claim
and the record developed with respect to that claim.
SEC. 5. EXPEDITED PAYMENT OF SURVIVOR'S BENEFITS.
(a) In General.--Section 5101(a)(1) of title 38, United
States Code, is amended--
(1) by striking ``A specific'' and inserting ``(A) Except
as provided in subparagraph (B), a specific''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) The Secretary may pay benefits under chapters 13
and 15 and sections 2302, 2307, and 5121 of this title to a
survivor of a veteran who has not filed a formal claim if the
Secretary determines that the record contains sufficient
evidence to establish the entitlement of the survivor to such
benefits.
``(ii) For purposes of this subparagraph and section 5110
of this title, the earlier of the following dates shall be
treated as the date of the receipt of the survivor's
application for benefits described in clause (i):
``(I) The date on which the survivor of a veteran (or the
representative of such a survivor) notifies the Secretary of
the death of the veteran through a death certificate or other
relevant medical evidence indicating that the death was due
to a service-connected or compensable disability.
``(II) The head of any other department or agency of the
Federal Government notifies the Secretary of the death of the
veteran.
``(iii) In notifying the Secretary of the death of a
veteran as described in clause (ii)(I), the survivor (or the
representative of such a survivor) may submit to the
Secretary additional documents relating to such death without
being required to file a formal claim.''.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on benefits paid pursuant to covered
claims.
(2) Contents.--The report under paragraph (1) shall include
the following:
(A) The number of covered claims adjudicated during the
one-year period preceding the date of the report,
disaggregated by the following:
(i) Claims in which the claimant claimed entitlement to
compensation on the basis of the claimant's status as the
spouse of a deceased veteran.
(ii) Claims in which the claimant claimed entitlement to
compensation on the basis of the claimant's status as the
child of a deceased veteran.
(iii) Claims in which the claimant claimed entitlement to
compensation on the basis of the claimant's status as the
parent of a deceased veteran.
(B) The number of covered claims that were adjudicated
during such period and for which compensation was not
awarded, disaggregated by clauses (i) through (iii) of
subparagraph (A).
(C) A comparison of the accuracy and timeliness of covered
claims adjudicated during such period with non-covered claims
filed by survivors of a veteran.
(D) The findings of the Secretary with respect to
adjudicating covered claims.
(E) Such recommendations as the Secretary may have for
legislative or administrative action to improve the
adjudication of claims submitted to the Secretary for
benefits under chapters 13 and 15 and sections 2302, 2307,
and 5121 of title 38, United States Code.
(3) Covered claim defined.--In this subsection, the term
``covered claim'' means a claim covered by section
5101(a)(1)(B) of title 38, United States Code, as added by
subsection (a).
(c) Effective Date.--The amendments made by subsection (a)
shall apply with respect to claims for benefits based on a
death occurring on or after the date of the enactment of this
Act.
SEC. 6. 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. 7. TREATMENT OF MEDICAL EVIDENCE PROVIDED BY NON-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL
PROFESSIONALS IN SUPPORT OF CLAIMS FOR
DISABILITY COMPENSATION.
(a) Acceptance of Reports of Private Physician
Examinations.--Section 5125 of title 38, United States Code,
is amended--
(1) by striking ``For purposes'' and inserting ``(a) In
General.--For purposes''; and
(2) by adding at the end the following new subsections:
``(b) Sufficiency of Evidence.--If a veteran has submitted
a medical opinion or report of a medical examination
administered by a private physician in support of the
veteran's claim, the Secretary may not order a medical
examination to be administered by a Department physician
unless the Secretary provides the veteran with a thorough
explanation of why the medical opinion or report submitted by
the veteran was not sufficiently complete and the reason why
additional medical evidence is necessary.
``(c) Sufficiently Complete Defined.--For purposes of a
medical opinion or report described in subsection (a), the
term `sufficiently complete' means competent, credible,
probative, and containing such information as may be required
to make a decision on the claim for which the medical opinion
or report is provided.''.
(b) Application.--The amendment made by subsection (a)
shall apply with respect to medical evidence submitted after
the date that is one year after the date of the enactment of
this Act by veterans who have not submitted any claim for
disability compensation to the Secretary of Veterans Affairs
before such date.
(c) Annual Reports.--
(1) In general.--During the three-year period beginning
three years after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the House of Representatives and the
Senate an annual report on the implementation of section
5125(b) of title 38, United States Code, as added by
subsection (a).
(2) Matters included.--Each report under paragraph (1)
shall include, with respect to the year covered by the
report, the following:
(A) The number of veterans who submitted a medical opinion
or report of a medical examination administered by a private
physician in support of the veteran's claim for disability
compensation as described in section 5125(b) of title 38,
United States Code, as added by subsection (a).
(B) Of the number of veterans described in subparagraph
(A), the number of veterans whose medical opinion or report
of a medical examination administered by a private physician
was determined by the Secretary to not be sufficiently
complete pursuant to such section 5125(b), including the five
most frequent reasons for such a determination.
(C) A comparison of the approval rate of claims for
disability compensation with respect to--
(i) veterans who submitted medical opinions or reports of a
medical examination administered by a private physician in
support of the veteran's claim; and
(ii)(I) veterans who did submit such opinions or reports
but such opinions or reports were determined by the Secretary
to not be sufficiently complete pursuant to such section
5125(b); and
(II) veterans who did not submit such opinions or reports.
SEC. 8. AUTOMATIC ANNUAL INCREASE IN RATES OF DISABILITY
COMPENSATION AND DEPENDENCY AND INDEMNITY
COMPENSATION.
(a) Indexing to Social Security Increases.--Section 5312 of
title 38, United
[[Page H619]]
States Code, is amended by adding at the end the following
new subsection:
``(d)(1) During the nine-year period beginning on December
1, 2016, whenever there is an increase in benefit amounts
payable under title II of the Social Security Act (42 U.S.C.
401 et seq.) as a result of a determination made under
section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary
shall, effective on the date of such increase in benefit
amounts, increase the dollar amounts in effect for the
payment of disability compensation and dependency and
indemnity compensation by the Secretary, as specified in
paragraph (2), as such amounts were in effect immediately
before the date of such increase in benefit amounts payable
under title II of the Social Security Act, by the same
percentage as the percentage by which such benefit amounts
are increased.
``(2) The dollar amounts to be increased pursuant to
paragraph (1) are the following:
``(A) Wartime disability compensation.--Each of the dollar
amounts in effect under section 1114 of this title.
``(B) Additional compensation for dependents.--Each of the
dollar amounts in effect under section 1115(1) of this title.
``(C) Clothing allowance.--The dollar amount in effect
under section 1162 of this title.
``(D) Dependency and indemnity compensation to surviving
spouse.--Each of the dollar amounts in effect under
subsections (a) through (d) of section 1311 of such title.
``(E) Dependency and indemnity compensation to children.--
Each of the dollar amounts in effect under sections 1313(a)
and 1314 of such title.
``(3) Whenever there is an increase under paragraph (1) in
amounts in effect for the payment of disability compensation
and dependency and indemnity compensation, the Secretary
shall publish such amounts, as increased pursuant to such
paragraph, in the Federal Register at the same time as the
material required by section 215(i)(2)(D) of the Social
Security Act (42 U.S.C. 415(i)(2)(D)) is published by reason
of a determination under section 215(i) of such Act (42
U.S.C. 415(i)).
``(4) Each dollar amount increased under paragraph (1), if
not a whole dollar amount, shall be rounded to the next lower
whole dollar amount.
``(5) The Secretary of Veterans Affairs may adjust
administratively, consistent with the increases made under
subsection (a), the rates of disability compensation payable
to persons under section 10 of Public Law 85-857 (72 Stat.
1263) who have not received compensation under chapter 11 of
this title.''.
(b) Effective Date.--Subsection (d) of section 5312 of
title 38, United States Code, as added by subsection (a) of
this section, shall take effect on December 1, 2016.
SEC. 9. IMPROVEMENT OF FIDUCIARIES FOR VETERANS.
(a) Appointment and Supervision.--
(1) Section 5502 of title 38, United States Code, is
amended to read as follows:
``Sec. 5502. Appointment of fiduciaries
``(a) Appointment.--Where it appears to the Secretary that
the interest of the beneficiary would be served thereby,
payment of benefits under any law administered by the
Secretary may be made directly to the beneficiary or to a
relative or some other fiduciary for the use and benefit of
the beneficiary, regardless of any legal disability on the
part of the beneficiary.
``(b) Appeals.--(1) If the Secretary determines a
beneficiary to be mentally incompetent for purposes of
appointing a fiduciary under this chapter, the Secretary
shall provide such beneficiary with a written statement
detailing the reasons for such determination.
``(2) A beneficiary whom the Secretary has determined to be
mentally incompetent for purposes of appointing a fiduciary
under this chapter may appeal such determination.
``(c) Modification.--(1) A beneficiary for whom the
Secretary appoints a fiduciary under this chapter may, at any
time, request the Secretary to--
``(A) remove the fiduciary so appointed; and
``(B) have a new fiduciary appointed.
``(2) The Secretary shall comply with a request under
paragraph (1) if the Secretary determines that the request is
made in good faith and--
``(A) the fiduciary requested to be removed receives a fee
from the beneficiary and a suitable volunteer fiduciary is
available to assist the beneficiary; or
``(B) the beneficiary provides credible information that
the fiduciary requested to be removed is--
``(i) not acting in the interest of the beneficiary; or
``(ii) unable to effectively serve the beneficiary because
of an irreconcilable personality conflict or disagreement.
``(3) The Secretary shall ensure that any removal or new
appointment of a fiduciary under paragraph (1) does not delay
or interrupt the beneficiary's receipt of benefits
administered by the Secretary.
``(d) Independence.--A fiduciary appointed by the Secretary
shall operate independently of the Department to determine
the actions that are in the interest of the beneficiary.
``(e) Predesignation.--A veteran may predesignate a
fiduciary by--
``(1) submitting written notice to the Secretary of the
predesignated fiduciary; or
``(2) submitting a form provided by the Secretary for such
purpose.
``(f) Appointment of Non-Predesignated Fiduciary.--If a
beneficiary designates an individual to serve as a fiduciary
under subsection (e) and the Secretary appoints an individual
not so designated as the fiduciary for such beneficiary, the
Secretary shall notify such beneficiary of--
``(1) the reason why such designated individual was not
appointed; and
``(2) the ability of the beneficiary to modify the
appointed fiduciary under subsection (c).
``(g) Priority of Appointment.--In appointing a fiduciary
under this chapter, if a beneficiary does not designate a
fiduciary pursuant to subsection (e), to the extent possible
the Secretary shall appoint a person who is--
``(1) a relative of the beneficiary;
``(2) appointed as guardian of the beneficiary by a court
of competent jurisdiction; or
``(3) authorized to act on behalf of the beneficiary under
a durable power of attorney.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 38, United States Code, is
amended by striking the item relating to section 5502 and
inserting the following:
``5502. Appointment of fiduciaries.''.
(b) Supervision.--
(1) In general.--Chapter 55 of title 38, United States
Code, is amended by inserting after section 5502, as amended
by subsection (a)(1), the following new section:
``Sec. 5502A. Supervision of fiduciaries
``(a) Commission.--(1)(A) In a case in which the Secretary
determines that a commission is necessary in order to obtain
the services of a fiduciary in the best interests of a
beneficiary, the Secretary may authorize a fiduciary
appointed by the Secretary to obtain from the monthly
benefits provided to the beneficiary a reasonable commission
for fiduciary services rendered, but the commission for any
month may not exceed the lesser of the following amounts:
``(i) The amount that equals three percent of the monthly
monetary benefits under laws administered by the Secretary
paid on behalf of the beneficiary to the fiduciary.
``(ii) $35.
``(B) A commission paid under this paragraph may not be
derived from any award to a beneficiary regarding back pay or
retroactive benefits payments.
``(C) A commission may not be authorized for a fiduciary
who receives any other form of remuneration or payment in
connection with rendering fiduciary services for benefits
under this title on behalf of the beneficiary.
``(D) In accordance with section 6106 of this title, a
commission may not be paid to a fiduciary if the Secretary
determines that the fiduciary misused any benefit payments of
a beneficiary.
``(E) If the Secretary determines that the fiduciary has
misused any benefit or payments of a beneficiary, the
Secretary may revoke the fiduciary status of the fiduciary.
``(2) Where, in the opinion of the Secretary, any fiduciary
receiving funds on behalf of a Department beneficiary is
acting in such a number of cases as to make it impracticable
to conserve properly the estates or to supervise the persons
of the beneficiaries, the Secretary may refuse to make future
payments in such cases as the Secretary may deem proper.
``(b) Court.--Whenever it appears that any fiduciary, in
the opinion of the Secretary, is not properly executing or
has not properly executed the duties of the trust of such
fiduciary or has collected or paid, or is attempting to
collect or pay, fees, commissions, or allowances that are
inequitable or in excess of those allowed by law for the
duties performed or expenses incurred, or has failed to make
such payments as may be necessary for the benefit of the ward
or the dependents of the ward, then the Secretary may appear,
by the Secretary's authorized attorney, in the court which
has appointed such fiduciary, or in any court having
original, concurrent, or appellate jurisdiction over said
cause, and make proper presentation of such matters. The
Secretary, in the Secretary's discretion, may suspend
payments to any such fiduciary who shall neglect or refuse,
after reasonable notice, to render an account to the
Secretary from time to time showing the application of such
payments for the benefit of such incompetent or minor
beneficiary, or who shall neglect or refuse to administer the
estate according to law. The Secretary may require the
fiduciary, as part of such account, to disclose any
additional financial information concerning the beneficiary
(except for information that is not available to the
fiduciary). The Secretary may appear or intervene by the
Secretary's duly authorized attorney in any court as an
interested party in any litigation instituted by the
Secretary or otherwise, directly affecting money paid to such
fiduciary under this section.
``(c) Payment of Certain Expenses.--Authority is hereby
granted for the payment of any court or other expenses
incident to any investigation or court proceeding for the
appointment of any fiduciary or other person for the purpose
of payment of benefits payable under laws administered by the
Secretary or the removal of such fiduciary and appointment of
another, and of expenses in connection with the
administration of such benefits by such fiduciaries, or in
connection with any other court proceeding hereby authorized,
when such payment is authorized by the Secretary.
``(d) Temporary Payment of Benefits.--All or any part of
any benefits the payment of which is suspended or withheld
under this section may, in the discretion of the Secretary,
be paid temporarily to the person
[[Page H620]]
having custody and control of the incompetent or minor
beneficiary, to be used solely for the benefit of such
beneficiary, or, in the case of an incompetent veteran, may
be apportioned to the dependent or dependents, if any, of
such veteran. Any part not so paid and any funds of a
mentally incompetent or insane veteran not paid to the chief
officer of the institution in which such veteran is a patient
nor apportioned to the veteran's dependent or dependents may
be ordered held in the Treasury to the credit of such
beneficiary. All funds so held shall be disbursed under the
order and in the discretion of the Secretary for the benefit
of such beneficiary or the beneficiary's dependents. Any
balance remaining in such fund to the credit of any
beneficiary may be paid to the beneficiary if the beneficiary
recovers and is found competent, or if a minor, attains
majority, or otherwise to the beneficiary's fiduciary, or, in
the event of the beneficiary's death, to the beneficiary's
personal representative, except as otherwise provided by law;
however, payment will not be made to the beneficiary's
personal representative if, under the law of the
beneficiary's last legal residence, the beneficiary's estate
would escheat to the State. In the event of the death of a
mentally incompetent or insane veteran, all gratuitous
benefits under laws administered by the Secretary deposited
before or after August 7, 1959, in the personal funds of
patient's trust fund on account of such veteran shall not be
paid to the personal representative of such veteran, but
shall be paid to the following persons living at the time of
settlement, and in the order named: The surviving spouse, the
children (without regard to age or marital status) in equal
parts, and the dependent parents of such veteran, in equal
parts. If any balance remains, such balance shall be
deposited to the credit of the applicable current
appropriation; except that there may be paid only so much of
such balance as may be necessary to reimburse a person (other
than a political subdivision of the United States) who bore
the expenses of last sickness or burial of the veteran for
such expenses. No payment shall be made under the two
preceding sentences of this subsection unless claim therefor
is filed with the Secretary within five years after the death
of the veteran, except that, if any person so entitled under
said two sentences is under legal disability at the time of
death of the veteran, such five-year period of limitation
shall run from the termination or removal of the legal
disability.
``(e) Escheatment.--Any funds in the hands of a fiduciary
appointed by a State court or the Secretary derived from
benefits payable under laws administered by the Secretary,
which under the law of the State wherein the beneficiary had
last legal residence would escheat to the State, shall
escheat to the United States and shall be returned by such
fiduciary, or by the personal representative of the deceased
beneficiary, less legal expenses of any administration
necessary to determine that an escheat is in order, to the
Department, and shall be deposited to the credit of the
applicable revolving fund, trust fund, or appropriation.
``(f) Assistance.--The Secretary shall provide to a
fiduciary appointed under section 5502 of this title
materials and tools to assist the fiduciary in carrying out
the responsibilities of the fiduciary under this chapter,
including--
``(1) handbooks, brochures, or other written material that
explain the responsibilities of a fiduciary under this
chapter;
``(2) tools located on an Internet website, including forms
to submit to the Secretary required information; and
``(3) assistance provided by telephone.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 38, United States Code, is
amended by inserting after the item relating to section 5502
the following new item:
``5502A. Supervision of fiduciaries.''.
(c) Definition of Fiduciary.--Section 5506 of title 38,
United States Code, is amended--
(1) by striking ``For purposes'' and inserting ``(a) For
purposes''; and
(2) by adding at the end the following new subsection:
``(b)(1) For purposes of subsection (a), the term `person'
includes any--
``(A) State or local government agency whose mission is to
carry out income maintenance, social service, or health care-
related activities;
``(B) any State or local government agency with fiduciary
responsibilities; or
``(C) any nonprofit social service agency that the
Secretary determines--
``(i) regularly provides services as a fiduciary
concurrently to five or more individuals; and
``(ii) is not a creditor of any such individual.
``(2) The Secretary shall maintain a list of State or local
agencies and nonprofit social service agencies under
paragraph (1) that are qualified to act as a fiduciary under
this chapter. In maintaining such list, the Secretary may
consult the lists maintained under section 807(h) of the
Social Security Act (42 U.S.C. 1007(h)).''.
(d) Qualifications.--Section 5507 of title 38, United
States Code, is amended to read as follows:
``Sec. 5507. Inquiry, investigations, and qualification of
fiduciaries
``(a) Investigation.--Any certification of a person for
payment of benefits of a beneficiary to that person as such
beneficiary's fiduciary under section 5502 of this title
shall be made on the basis of--
``(1) an inquiry or investigation by the Secretary of the
fitness of that person to serve as fiduciary for that
beneficiary to be conducted in advance of such certification
and in accordance with subsection (b);
``(2) adequate evidence that certification of that person
as fiduciary for that beneficiary is in the interest of such
beneficiary (as determined by the Secretary under
regulations);
``(3) adequate evidence that the person to serve as
fiduciary protects the private information of a beneficiary
in accordance with subsection (d)(1); and
``(4) the furnishing of any bond that may be required by
the Secretary in accordance with subsection (f).
``(b) Elements of Investigation.--(1) In conducting an
inquiry or investigation of a proposed fiduciary under
subsection (a)(1), the Secretary shall conduct--
``(A) a face-to-face interview with the proposed fiduciary
by not later than 30 days after the date on which such
inquiry or investigation begins; and
``(B) a background check of the proposed fiduciary to--
``(i) in accordance with paragraph (2), determine whether
the proposed fiduciary has been convicted of a crime; and
``(ii) determine whether the proposed fiduciary will serve
the best interest of the beneficiary, including by conducting
a credit check of the proposed fiduciary and checking the
records under paragraph (5).
``(2) The Secretary shall request information concerning
whether that person has been convicted of any offense under
Federal or State law. If that person has been convicted of
such an offense, the Secretary may certify the person as a
fiduciary only if the Secretary finds that the person is an
appropriate person to act as fiduciary for the beneficiary
concerned under the circumstances.
``(3) The Secretary shall conduct the background check
described in paragraph (1)(B)--
``(A) each time a person is proposed to be a fiduciary,
regardless of whether the person is serving or has served as
a fiduciary; and
``(B) at no expense to the beneficiary.
``(4) Each proposed fiduciary shall disclose to the
Secretary the number of beneficiaries that the fiduciary acts
on behalf of.
``(5) The Secretary shall maintain records of any person
who has--
``(A) previously served as a fiduciary; and
``(B) had such fiduciary status revoked by the Secretary.
``(6)(A) If a fiduciary appointed by the Secretary is
convicted of a crime described in subparagraph (B), the
Secretary shall notify the beneficiary of such conviction by
not later than 14 days after the date on which the Secretary
learns of such conviction.
``(B) A crime described in this subparagraph is a crime--
``(i) for which the fiduciary is convicted while serving as
a fiduciary for any person;
``(ii) that is not included in a report submitted by the
fiduciary under section 5509(a) of this title; and
``(iii) that the Secretary determines could affect the
ability of the fiduciary to act on behalf of the beneficiary.
``(c) Investigation of Certain Persons.--(1) In the case of
a proposed fiduciary described in paragraph (2), the
Secretary, in conducting an inquiry or investigation under
subsection (a)(1), may carry out such inquiry or
investigation on an expedited basis that may include giving
priority to conducting such inquiry or investigation. Any
such inquiry or investigation carried out on such an
expedited basis shall be carried out under regulations
prescribed for purposes of this section.
``(2) Paragraph (1) applies with respect to a proposed
fiduciary who is--
``(A) the parent (natural, adopted, or stepparent) of a
beneficiary who is a minor;
``(B) the spouse or parent of an incompetent beneficiary;
``(C) a person who has been appointed a fiduciary of the
beneficiary by a court of competent jurisdiction;
``(D) being appointed to manage an estate where the annual
amount of veterans benefits to be managed by the proposed
fiduciary does not exceed $3,600, as adjusted pursuant to
section 5312 of this title; or
``(E) a person who is authorized to act on behalf of the
beneficiary under a durable power of attorney.
``(d) Protection of Private Information.--(1) A fiduciary
shall take all reasonable precautions to--
``(A) protect the private information of a beneficiary,
including personally identifiable information; and
``(B) securely conducts financial transactions.
``(2) A fiduciary shall notify the Secretary of any action
of the fiduciary that compromises or potentially compromises
the private information of a beneficiary.
``(e) Potential Misuse of Funds.--(1) If the Secretary has
reason to believe that a fiduciary may be misusing all or
part of the benefit of a beneficiary, the Secretary shall--
``(A) conduct a thorough investigation to determine the
veracity of such belief; and
``(B) if such veracity is established, transmit to the
officials described in paragraph (2) a report of such
investigation.
``(2) The officials described in this paragraph are the
following:
``(A) The Attorney General.
``(B) Each head of a Federal department or agency that pays
to a fiduciary or other person benefits under any law
administered by such department of agency for the use and
[[Page H621]]
benefit of a minor, incompetent, or other beneficiary.
``(f) Bond.--In determining whether a proposed fiduciary is
required to furnish a bond under subsection (a)(4), the
Secretary shall consider--
``(1) the existence of any familial or other personal
relationship between the proposed fiduciary and the
beneficiary; and
``(2) the care the proposed fiduciary has taken to protect
the interests of the beneficiary.
``(g) List of Fiduciaries.--Each regional office of the
Veterans Benefits Administration shall maintain a list of the
following:
``(1) The name and contact information of each fiduciary,
including address, telephone number, and email address.
``(2) With respect to each fiduciary described in paragraph
(1)--
``(A) the date of the most recent background check and
credit check performed by the Secretary under this section;
``(B) the date that any bond was paid under this section;
``(C) the name, address, and telephone number of each
beneficiary the fiduciary acts on behalf of; and
``(D) the amount that the fiduciary controls with respect
to each beneficiary described in subparagraph (C).''.
(e) Annual Receipt of Payments.--
(1) In general.--Section 5509 of title 38, United States
Code, is amended--
(A) in subsection (a)--
(i) by striking ``may require a fiduciary to file a'' and
inserting ``shall require a fiduciary to file an annual'';
and
(ii) by adding at the end the following new sentence: ``The
Secretary shall transmit such annual report or accounting to
the beneficiary and any legal guardian of such
beneficiary.'';
(B) by adding at the end the following new subsections:
``(c) Matters Included.--Except as provided by subsection
(f), an annual report or accounting under subsection (a)
shall include the following:
``(1) For each beneficiary that a fiduciary acts on behalf
of--
``(A) the amount of the benefits of the beneficiary
provided under any law administered by the Secretary accrued
during the year, the amount spent, and the amount remaining;
and
``(B) if the fiduciary serves the beneficiary with respect
to benefits not administered by the Secretary, an accounting
of all sources of benefits or other income the fiduciary
oversees for the beneficiary.
``(2) A list of events that occurred during the year
covered by the report that could affect the ability of the
fiduciary to act on behalf of the beneficiary, including--
``(A) the fiduciary being convicted of any crime;
``(B) the fiduciary declaring bankruptcy; and
``(C) any judgments entered against the fiduciary.
``(d) Random Audits.--The Secretary shall annually conduct
random audits of fiduciaries who receive a commission
pursuant to subsection 5502A(a)(1) of this title.
``(e) Status of Fiduciary.--If a fiduciary includes in the
annual report events described in subsection (c)(2), the
Secretary may take appropriate action to adjust the status of
the fiduciary as the Secretary determines appropriate,
including by revoking the fiduciary status of the fiduciary.
``(f) Caregivers and Certain Other Fiduciaries.--(1)(A) In
carrying out this section, the Secretary shall ensure that a
caregiver fiduciary is required only to file an annual report
or accounting under subsection (a) with respect to the amount
of the benefits of the beneficiary provided under any law
administered by the Secretary--
``(i) spent on--
``(I) food and housing for the beneficiary; and
``(II) clothing, health-related expenses, recreation, and
other personal items for the beneficiary; and
``(ii) saved for the beneficiary.
``(B) The Secretary shall coordinate with the Under
Secretary for Benefits and the Under Secretary for Health
to--
``(i) minimize the frequency with which employees of the
Department visit the home of a caregiver fiduciary and
beneficiary; and
``(ii) limit the extent of supervision by such Under
Secretaries with respect to such a fiduciary and beneficiary.
``(C) In this paragraph, the term `caregiver fiduciary'
means a fiduciary who--
``(i) in addition to acting as a fiduciary for a
beneficiary, is approved by the Secretary to be a provider of
personal care services for the beneficiary under paragraph
(3)(A)(i) of section 1720G(a) of this title;
``(ii) in carrying out such care services to such
beneficiary, has undergone not less than four home visits
under paragraph (9)(A) of such section; and
``(iii) has not been required by the Secretary to take
corrective action pursuant to paragraph (9)(C) of such
section.
``(2) In carrying out this section, the Secretary may
adjust the matters required under an annual report or
accounting under subsection (a) with respect to a fiduciary
whom the Secretary determines to have effectively protected
the interests of the beneficiary over a sustained period.'';
and
(C) by striking the section heading and inserting the
following: ``Annual reports and accountings of fiduciaries''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 38, United States Code, is
amended by striking the item relating to section 5509 and
inserting the following new item:
``5509. Annual reports and accountings of fiduciaries.''.
(f) Repayment of Misused Benefits.--Section 6107(a)(2)(C)
of title 38, United States Code, is amended by inserting
before the period the following: ``, including by the
Secretary not acting in accordance with section 5507 of this
title''.
(g) Annual Reports.--Section 5510 of title 38, United
States Code, is amended by striking ``The Secretary shall
include in the Annual Benefits Report of the Veterans
Benefits Administration or the Secretary's Annual Performance
and Accountability Report'' and inserting ``Not later than
July 1 of each year, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of
Representatives and the Senate a separate report
containing''.
(h) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a comprehensive report on the implementation
of the amendments made by this Act, including--
(1) detailed information on the establishment of new
policies and procedures pursuant to such amendments and
training provided on such policies and procedures; and
(2) a discussion of whether the Secretary should provide
fiduciaries with standardized financial software to simplify
reporting requirements.
(i) Effective Date.--The amendments made by this section
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 10. BOARD OF VETERANS' APPEALS VIDEO HEARINGS.
Section 7107 of title 38, United States Code, is amended--
(1) in subsection (d), by amending paragraph (1) to read as
follows:
``(1)(A) Upon request for a hearing, the Board shall
determine, for purposes of scheduling the hearing for the
earliest possible date, whether a hearing before the Board
will be held at its principal location or at a facility of
the Department or other appropriate Federal facility located
within the area served by a regional office of the
Department. The Board shall also determine whether to provide
a hearing through the use of the facilities and equipment
described in subsection (e)(1) or by the appellant personally
appearing before a Board member or panel.
``(B) The Board shall notify the appellant of the
determinations of the location and type of hearing made under
subparagraph (A). Upon notification, the appellant may
request a different location or type of hearing as described
in such subparagraph. If so requested, the Board shall grant
such request and ensure that the hearing is scheduled at the
earliest possible date without any undue delay or other
prejudice to the appellant.''; and
(2) in subsection (e), by amending paragraph (2) to read as
follows:
``(2) Any hearing provided through the use of the
facilities and equipment described in paragraph (1) shall be
conducted in the same manner as, and shall be considered the
equivalent of, a personal hearing.''.
SEC. 11. 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, 2015'' and
inserting ``December 31, 2017''.
(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 unrestricted license to practice the
health care profession of the physician;
``(B) is not barred from practicing such health care
profession in any State, the District of Columbia, or a
Commonwealth, territory, or possession of the United States;
and
``(C) 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.--
[[Page H622]]
``(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 unrestricted license to practice the
health care profession of the physician;
``(B) is not barred from practicing such health care
profession in any State, the District of Columbia, or a
Commonwealth, territory, or possession of the United States;
and
``(C) is performing authorized duties for the Department of
Veterans Affairs pursuant to a contract entered into under
subsection (a).''.
SEC. 12. PILOT PROGRAM ON FULLY DEVELOPED APPEALS.
(a) In General.--The Secretary of Veterans Affairs shall
carry out a pilot program to provide the option of an
alternative appeals process that shall more quickly determine
such appeals in accordance with this section.
(b) Election.--
(1) Filing.--In accordance with paragraph (2), a claimant
may elect to file a fully developed appeal under the pilot
program under subsection (a) by filing with the Secretary the
following:
(A) The notice of disagreement under chapter 71 of title
38, United States Code, along with the written election of
the claimant to have the appeal determined under the pilot
program.
(B) All evidence that the claimant believes is needed for
the appeal as of the date of the filing.
(C) A statement of the argument in support of the claim, if
any.
(2) Timing.--A claimant shall make an election under
paragraph (1) as part of the notice of disagreement filed by
the claimant in accordance with paragraph (1)(A).
(3) Reversion.--
(A) At any time, a claimant who makes an election under
paragraph (1) may elect to revert to the standard appeals
process. Such a reversion shall be final.
(B) A claimant described in subparagraph (A), or a claimant
who makes an election under paragraph (1) but is later
determined to be ineligible for the pilot program under
subsection (a), shall revert to the standard appeals process
without any penalty to the claimant other than the loss of
the docket number associated with the fully developed appeal.
(4) Outreach.--In providing claimants with notices of the
determination of a claim during the period in which the pilot
program under subsection (a) is carried out, the Secretary
shall conduct outreach as follows:
(A) The Secretary shall provide to the claimant (and to the
representative of record of the claimant, if any) information
regarding--
(i) the pilot program, including the advantages and
disadvantages of the program;
(ii) how to make an election under paragraph (1);
(iii) the limitation on the use of new evidence described
in paragraph (3) of subsection (c) and the development of
information under paragraph (4) of such subsection; and
(iv) the ability of the claimant to seek advice and
education regarding such process from veterans service
organizations, attorneys, and claims agents recognized under
chapter 59 of title 38, United States Code.
(B) The Secretary shall collaborate, partner with, and give
weight to the advice of the three veterans service
organizations with the most members to publish on the
Internet website of the Department of Veterans Affairs an
online tutorial explaining the advantages and disadvantages
of the pilot program.
(c) Treatment by Department and Board.--
(1) Process.--Upon the election of a claimant to file a
fully developed appeal pursuant to subsection (b)(1), the
Secretary shall--
(A) not provide the claimant with a statement of the case
nor require the claimant to file a substantive appeal; and
(B) transfer jurisdiction over the fully developed appeal
directly to the Board of Veterans' Appeals.
(2) Docket.--
(A) The Board of Veterans' Appeals shall--
(i) maintain fully developed appeals on a separate docket
than standard appeals;
(ii) decide fully developed appeals in the order that the
fully developed appeals are received on the fully developed
appeal docket;
(iii) except as provided by subparagraph (B), decide not
more than one fully developed appeal for each four standard
appeals decided; and
(iv) to the extent practicable, decide each fully developed
appeal by the date that is one year following the date on
which the claimant files the notice of disagreement.
(B) Beginning one year after the date on which the pilot
program under subsection (a) commences, the Board may adjust
the number of standard appeals decided for each fully
developed appeal under subparagraph (A)(iii) if the Board
determines that such adjustment is fair for both standard
appeals and fully developed appeals.
(3) Limitation on use of new evidence.--
(A) Except as provided by subparagraphs (B) and (C)--
(i) a claimant may not submit or identify to the Board of
Veterans' Appeals any new evidence relating to a fully
developed appeal after filing such appeal unless the claimant
reverts to the standard appeals process pursuant to
subsection (b)(3); and
(ii) if a claimant submits or identifies any such new
evidence, such submission or identification shall be deemed
to be an election to make such a reversion pursuant to
subsection (b)(3).
(B) Subparagraph (A) shall not apply to evidence developed
pursuant to paragraphs (4) and (5). The Board shall consider
such evidence in the first instance without consideration by
the Veterans Benefits Administration.
(C) The representative of record of a claimant for appeals
purposes, if any, shall be provided an opportunity to review
the fully developed appeal of the claimant and submit any
additional arguments or evidence that the representative
determines necessary during a period specified by the Board
for purposes of this subparagraph.
(4) Prohibition on remand for additional development.--If
the Board of Veterans' Appeals determines that a fully
developed appeal requires Federal records, independent
medical opinions, or new medical examinations, the Board
shall--
(A) in accordance with paragraph (5), take such actions as
may be necessary to develop such records, opinions, or
examinations in accordance with section 5103A of title 38,
United States Code;
(B) retain jurisdiction of the fully developed appeal
without requiring a determination by the Veterans Benefits
Administration based on such records, opinions, or
examinations;
(C) ensure the claimant, and the representative of record
of a claimant, if any, receives a copy of such records,
opinions, or examinations; and
(D) provide the claimant a period of 90 days after the date
of mailing such records, opinions, or examinations during
which the claimant may provide the Board any additional
evidence without requiring the claimant to make a reversion
pursuant to subsection (b)(3).
(5) Development unit.--
(A) The Board of Veterans' Appeals shall establish an
office to develop Federal records, independent medical
opinions, and new medical examinations pursuant to paragraph
(4)(A) that the Board determines necessary to decide a fully
developed appeal.
(B) The Secretary shall--
(i) ensure that the Veterans Benefits Administration
cooperates with the Board of Veterans' Appeals in carrying
out subparagraph (A); and
(ii) transfer employees of the Veterans Benefits
Administration who, prior to the enactment of this Act, were
responsible for processing claims remanded by the Board of
Veterans' Appeals to positions within the office of the Board
established under subparagraph (A) in a number the Secretary
determines sufficient to carry out such subparagraph.
(6) Hearings.--Notwithstanding section 7107 of title 38,
United States Code, the Secretary may not provide hearings
with respect to fully developed appeals. If a claimant
requests to hold a hearing pursuant to such section 7107,
such request shall be deemed to be an election to revert to
the standard appeals process pursuant to subsection (b)(3).
(d) Duration; Application.--The Secretary shall carry out
the pilot program under subsection (a) for a five-year period
beginning one year after the date of the enactment of this
Act. This section shall apply only to fully developed appeals
that are filed during such period.
(e) Reports.--During each year in which the pilot program
under subsection (a) is carried out, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the pilot program.
The first such report shall be submitted by not later than
180 days after the date on which the pilot program commences.
Each report shall include the following:
(1) For the period covered by the report--
(A) the number of claimants who filed a fully developed
appeal under the pilot program;
(B) the average processing time for each such appeal,
measured by each phase of the appeal, and, if the processing
time for appeals exceed one year, the reasons for such
processing time;
(C) a summary of reasons for which the development of
evidence was required under subsection (c)(5);
(D) the number of issues decided, listed by the disposition
of the issue;
(E) of the number identified in subparagraph (D), the
number of issues for which evidence was not so developed,
listed by the disposition of the issue;
(F) of the number of fully developed appeals decided by the
Board of Veterans' Appeals, the number of cases from each
agency of original jurisdiction, listed by the disposition of
the issue;
(G) the number of fully developed appeals appealed to the
Court of Appeals for Veterans Claims, listed by the
disposition of the case;
(H) the number of reversions made under subsection (b)(3);
and
[[Page H623]]
(I) any reasons for why a claimant was determined to be
ineligible to participate in the pilot program.
(2) A review, made in conjunction with veterans service
organizations, of the efforts of the Secretary to provide
clear rating decisions and improve disability rating
notification letters, including with respect to--
(A) the opinions of veterans service organizations
regarding such efforts; and
(B) how the pilot program improves such efforts.
(3) A recommendation for any changes to improve the pilot
program.
(4) An assessment of the feasibility and advisability of
expanding the pilot program.
(f) Regulations.--Not later than one day after the date of
the enactment of this Act, the Secretary shall publish
interim guidance on the pilot program under subsection (a).
Not later than 90 days after such date of enactment, the
Secretary shall prescribe regulations to carry out such pilot
program.
(g) Definitions.--In this section:
(1) The term ``claimant'' has the meaning given that term
in section 5100 of title 38, United States Code.
(2) The term ``compensation'' has the meaning given that
term in section 101 of title 38, United States Code.
(3) The term ``fully developed appeal'' means an appeal of
a claim for disability compensation that is--
(A) filed by a claimant in accordance with subsection
(b)(1); and
(B) considered in accordance with this section.
(4) The term ``standard appeal'' means an appeal of a claim
for disability compensation that is not a fully developed
appeal.
SEC. 13. DEADLINE FOR CERTIFICATION OF APPEALS FORMS BY
REGIONAL OFFICES OF THE DEPARTMENT OF VETERANS
AFFAIRS.
The Secretary of Veterans Affairs shall take such steps as
may be necessary to ensure that when a regional office of the
Department of Veterans Affairs receives a form known as ``VA
Form 9, Appeal to Board of Veterans' Appeals'', or any
successor form, submitted by a veteran to appeal a decision
relating to a claim, the regional office certifies such form
by not later than one year after the date of the receipt of
the form.
SEC. 14. 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 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--
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(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 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
[[Page H625]]
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.
(k) Effective Date.--This section shall take effect on the
date that is one year after the date of the enactment of this
Act.
SEC. 15. METHODS FOR VALIDATING CERTAIN WORLD WAR II MERCHANT
MARINER SERVICE CONSIDERED TO BE ACTIVE SERVICE
BY THE SECRETARY OF VETERANS AFFAIRS.
(a) 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 subsection (c)(1), the Secretary of
Defense shall accept the following:
(1) 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.
(2) 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.
(3) 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.
(b) Treatment of Other Documentation.--Other documentation
accepted by the Secretary of Defense pursuant to subsection
(a)(2) shall satisfy all requirements for eligibility of
service during the period beginning on December 7, 1941, and
ending on December 31, 1946.
(c) Benefits Allowed.--
(1) Burial benefits eligibility.--Service of an individual
that is considered active duty pursuant to subsection (a)
shall be considered as active duty service with respect to
providing burial benefits under chapters 23 and 24 of title
38, United States Code, to the individual.
(2) Medals, ribbons, and decorations.--An individual whose
service is recognized as active duty pursuant to subsection
(a) may be awarded an appropriate medal, ribbon, or other
military decoration based on such service.
(3) Status of veteran.--An individual whose service is
recognized as active duty pursuant to subsection (a) 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.
(d) Determination of Coastwise Merchant Seaman.--The
Secretary of Defense 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.
(e) 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.
(f) Effective Date.--This section shall take effect 90 days
after the date of the enactment of this Act.
SEC. 16. 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. 17. SENSE OF CONGRESS REGARDING AMERICAN VETERANS
DISABLED FOR LIFE.
(a) Findings.--Congress makes the following findings:
(1) There are at least 3,600,000 veterans currently living
with service-connected disabilities.
(2) As a result of their service, many veterans are
permanently disabled throughout their lives and in many cases
must rely on the support of their families and friends when
these visible and invisible burdens become too much to bear
alone.
(3) October 5, which is the anniversary of the dedication
of the American Veterans Disabled for Life Memorial, has been
recognized as an appropriate day on which to honor American
veterans disabled for life each year.
(b) Sense of Congress.--Congress--
(1) expresses its appreciation to the men and women left
permanently wounded, ill, or injured as a result of their
service in the Armed Forces;
(2) supports the annual recognition of American veterans
disabled for life each year; and
(3) encourages the American people to honor American
veterans disabled for life each year with appropriate
programs and activities.
SEC. 18. EXTENSION OF PILOT PROGRAM ON COUNSELING IN RETREAT
SETTINGS FOR WOMEN VETERANS NEWLY SEPARATED
FROM SERVICE IN THE ARMED FORCES.
Section 203(d) of the Caregivers and Veterans Omnibus
Health Services Act of 2010 (Public Law 111-163; 38 U.S.C.
1712A note) is amended by striking ``December 31, 2016'' and
inserting ``December 31, 2021''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Louisiana (Mr. Abraham) and the gentleman from California (Mr. Takano)
each will control 20 minutes.
The Chair recognizes the gentleman from Louisiana.
General Leave
Mr. ABRAHAM. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
add extraneous materials to H.R. 677, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Louisiana?
There was no objection.
Mr. ABRAHAM. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 677, as amended.
H.R. 677, as amended, contains many important provisions that would
help
[[Page H626]]
our Nation's veterans, including provisions to provide an automatic
annual COLA, cost-of-living adjustment, for veterans' benefits;
expedite the processing of veterans' claims and appeals; improve VA's
fiduciary program; expand the official documentation accepted by the
Secretary of Defense to grant veteran status with limited benefits to
World War II Merchant Marine and Coastwise Merchant Seamen; designate
certain cities as American World War II cities; and express the sense
of Congress honoring American veterans disabled for life.
I want to recognize the hard work of the Members whose proposals have
been incorporated into H.R. 677, as amended. I particularly want to
thank my colleagues on the Veterans' Affairs Committee: Chairman
Miller, Ranking Member Brown, Ms. Titus, Dr. Ruiz, Mr. Walz, and Mr.
O'Rourke. In addition, I want to acknowledge the contributions of
Representatives Johnson, Butterfield, Latta, Rouzer, and Frankel.
H.R. 677, as amended, incorporates legislation that Chairman Miller
introduced that would expand the eligibility for a medallion provided
by VA for private headstones that identify the deceased as a veteran.
These medallions may be attached to privately purchased headstones of
veterans who are buried in private cemeteries. They are inscribed with
the word ``veteran'' across the top, and the branch of service is
inscribed along the bottom. The medallions have proven to be very
popular, with many families choosing to use it to honor the service of
their loved one.
Unfortunately, current law only authorizes medallions for veterans
who died before November 1, 1990. During a Disability Assistance and
Memorial Affairs Subcommittee hearing, the VA testified that it has
been forced to deny 91 percent of applications for medallions because
the requests were made by families of veterans who died before November
1, 1990.
H.R. 677, as amended, would allow the VA to provide these medallions
to individuals who served in the Armed Forces after April 6, 1917,
which is the date the United States entered World War I.
The reason that this proposal limits eligibility to those who served
after April 6, 1917, is due to the possibility that attaching a
medallion to an older headstone may cause damage. There are also
concerns that placing medallions on antique headstones in older
cemeteries may alter the appearance of historic cemeteries.
H.R. 677, as amended, would protect historic gravestones and
cemeteries, but also recognizes the importance in honoring the service
and sacrifice of those who have served our Nation in the Armed Forces.
These medallions ensure that veterans who are buried in private
cemeteries and whose graves are marked by privately purchased
headstones can easily be distinguished. I hope that when people visit
these cemeteries and see these medallions they take a few moments to
remember that we all owe our freedom to our Nation's veterans. These
patriotic heroes deserve nothing less.
This bill also includes the text of H.R. 1575, a bill that was
introduced by Ranking Member Brown to extend a pilot program on
counseling in retreat settings for women veterans who are newly
separated from service. This pilot was originally authorized in 2010,
and pilot participants have reported unanimously positive experiences
and a significant improvement in well-being, stress, and positive
coping skills following their participation in the retreats.
I am grateful to the ranking member for sponsoring this provision in
recognition of the good work being done in this pilot program and the
need to ensure that women veterans continue to have access to it.
There are many provisions in H.R. 677, as amended, that would help
improve services for veterans and their families, but I want to focus
my remarks on the section that I am proud to have authored.
First, the bill would authorize an automatic annual COLA for
beneficiaries who receive VA disability compensation. Although Congress
generally approves COLA legislation every year, veterans have to wait
until Congress actually acts. This can be very stressful for our
veterans and their families who depend on their payments to make ends
meet. Our Nation's heroes should not have to wait to know whether they
are going to be able to pay their bills or not.
H.R. 677, as amended, would ensure that our Nation's veterans
automatically receive the same annual COLA as Social Security
recipients. This critical provision will help our Nation's veterans
better plan for their financial future, and I urge all Members to
support it.
Second, this legislation would help make it more convenient for
veterans to schedule disability examinations by extending the temporary
authorization that allows the VA to use contract physicians to conduct
disability examinations through 2017.
Veterans in rural areas, like the Fifth District which I represent,
may have to travel long distances to see a VA examiner for a disability
examination. My proposal would make it easier to schedule disability
examinations by permitting the VA to contract with any physician with a
current, unrestricted license to conduct these examinations in the
United States.
Additionally, H.R. 677, as amended, would require the VA to provide
Congress with regular types of claims veterans file. This information
will help better inform our efforts to reform the VA and ensure
veterans receive timely, accurate claims decisions.
Section 4 of H.R. 677, as amended, would also express the sense of
Congress that the VA should develop a designated form for an increased
rating claim or reopening of a claim that does not require the
resubmittal of information previously submitted to the Department.
I am grateful for the ranking member's response in this provision in
recognition of the good work being done in this pilot program, and we
need to ensure that it is passed. I urge my colleagues to support the
legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
I would like to express my appreciation to all the members of our
committee who have worked to address these issues in a bipartisan
manner, and I truly hope we can stay focused on what is important here,
which is helping veterans.
This bill extends a pilot counseling program for women veterans
separating from the military and coping with PTSD and other combat-
related stress issues. These specialized programs are helping women
transition from the military and start the next phase of their lives.
I would also like to highlight an important piece of this legislation
that was originally introduced by my friend and colleague, Mr.
O'Rourke, the Express Appeals Act.
As highlighted by my friend and colleague, Representative Titus,
other members of the committee, and even the VA Secretary just 2 weeks
ago, the appeals process is in crisis. We in the House have heard the
cry for help and have responded.
After passing this bill, we will wait for our friends in the Senate
to take action. We encourage them to remember our veterans suffer for
our inaction. This action provides a critical and widely supported
alternative appeals process.
I applaud Representatives O'Rourke and Cook, Chairman Miller, the VA,
the Board of Appeals, the DAV, the VFW, PVA, AMVETS, IAVA, and MOAA in
working together for almost 2 years to reach broad consensus on an
alternative path forward.
The Express Appeals Act, similar to the VA's Fully Developed Claim
program, offers veterans an alternative option to do more of the work
on their own, with the promise of an expedited decision from the Board
of Veterans Appeals.
My friend and colleague, Representative Ruiz's bill, H.R. 2691, the
Veterans' Survivors Claims Processing and Automation Act of 2015, is
also included in this legislation. This provision would automate claims
for the surviving family members of veterans.
I truly believe how we treat our veterans plays a major role in who
is willing to fight our wars and defend our Nation.
Mr. Speaker, I reserve the balance of my time.
Mr. ABRAHAM. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Costello).
[[Page H627]]
Mr. COSTELLO of Pennsylvania. Mr. Speaker, I rise today to support
H.R. 677, the American Heroes COLA Act.
There are a lot of very excellent provisions to this bill, not the
least of which is the automatic COLA, but I actually want to speak to
part of this bill that deals with the claims processing.
The legislation offered by my colleague from Louisiana (Mr. Abraham)
would set out to improve the claims processing through several steps. I
want to highlight them.
First, it would require the VA to accept medical evidence from
medical professionals in the community to support veterans' disability
claims. Second, it would establish a commission to independently
evaluate the VA's disability claims and appealed claims backlog. Last,
it would develop an alternative program to determine appeals for
disability claims more quickly.
Each of these steps offers solutions to the current backlog. This
bill is a smart, proactive, bipartisan bill that will help reduce the
daunting piles of paperwork and delays that many veterans continue to
face.
I am very proud to be in support of this bill. It is another step in
doing our best to reduce the claims backlog, and I thank Mr. Abraham
for his leadership on this.
Mr. ABRAHAM. Mr. Speaker, once again, I encourage all Members to
support H.R. 677, as amended.
I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the gentleman from
North Carolina (Mr. Butterfield).
Mr. BUTTERFIELD. Let me first thank Mr. Takano for yielding, and I
thank all of you for your advocacy on this bill. This is a very, very
important piece of legislation for our veterans.
Mr. Speaker, we are running out of time to finally recognize the
critical contributions of a forgotten but critical segment of brave men
and women who served our country during World War II. Because we are
running out of time, I urge my colleagues to pass H.R. 677, which
contains provisions from my bill, H.R. 1288, that would create a
pathway for these forgotten individuals to finally be recognized for
their service to our country.
I am referring to an overlooked segment of the World War II Merchant
Marine, known as Coastwise Merchant Seamen. These men and women, Mr.
Speaker, served the vital role of transporting raw materials and
supplies between our domestic military installations and production
facilities during the war. Their jobs were absolutely essential to the
war effort.
To this day, many of these mariners have never been recognized for
their service, largely at no fault of their own, but rather because of
decisions made by the Federal Government. It has been virtually
impossible for many of these mariners to obtain the required documents
needed to prove their World War II service due to government orders
that either had these documents destroyed or never kept at all.
Even today, government inaction and delay on transferring the
surviving documents to the National Archives and Records Administration
makes searching for and obtaining the required documents practically
impossible. As each day passes, this issue grows more acute due to the
advanced age of these mariners.
We must make it possible for these great Americans to receive their
due recognition while we still have the chance.
{time} 1615
More importantly, we have to do this now, while these mariners still
have the chance to know that their sacrifices were not in vain, and
their Nation and government are appreciative of their service.
Mr. Speaker, these mariners are national treasures, and we are here
today because of their sacrifices. They deserve, each of them, to be
recognized for their service, and I ask my colleagues to join me in
this effort by voting ``yes'' on this bill.
I want to thank Chairman Miller, Ranking Member Brown, subcommittee
Chairman Abraham, and Ranking Member Titus for working with me and my
staff on this issue, and including provisions of my bill in the base
text.
I want to thank the committee staff for all of their hard work. I am
appreciative of their efforts. This has been a true team effort, and we
are now one step closer to finally doing the right thing.
Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Florida (Ms. Frankel).
Ms. FRANKEL of Florida. I thank Mr. Takano for yielding.
Mr. Speaker, I rise in support of H.R. 677, a bill that honors
American veterans disabled for life. I thank my friend from Florida,
Chairman Jeff Miller, for cosponsoring this bill with me and
shepherding its passage.
As the mother of a United States Marine veteran, I want to first
start by thanking all our veterans who have served us. Thankfully for
my family, my son returned safely from two wars.
But, sadly, there are many for whom leaving the battlefield does not
mark the end of a conflict, for them or their family. Jeff Colaiacovo
is one of those people. I am proud to say he is a constituent and one
of my heroes.
On his 18th birthday, unlike many young men of his generation, he
volunteered for the Army to go to the Vietnam War, and it would be
brutal.
A few months into his tour, in 1967, Jeff's tank hit a mine, and
shrapnel exploded into his eyes, blinding him. Miraculously, the
doctors were able to recover his vision, and soon after, he was back on
the battlefield.
Then, on August 30, 1967, Jeff's tank was hit by a rocket-propelled
grenade, trapping him inside, his body engulfed in flames. He spent 5
months in burn units around the world.
He left the Army with an honorable discharge. And, again, he was not
to be deterred. He got married. He raised children. He started a small
business.
The thing is, Mr. Speaker, the injuries he sustained during his
service left him disabled for life. And to this day, Jeff is under
heavy medication for PTSD. He bears the scars of duty that remind us
all of what he and many others gave in serving us.
Now, this bill recognizes that October 5 is the anniversary of the
dedication of the Veterans Disabled for Life Memorial, a magnificent
memorial that sits just steps away from the Capitol.
On one of its walls reads a quote from Dwight D. Eisenhower: ``Each
of you bears upon his body the permanent, honorable scars of dangerous
service: service rendered in order that our great nation might continue
to live according to the expressed will of its own citizens.''
In honor of Jeff, and so many others, let's pass this bill.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
As I conclude, I would like to speak about a provision in this bill.
Included here is language extending the very successful pilot program
run by the Department of Veterans Affairs which provides psychiatric
and psychological counseling and support in retreat settings for newly
returned women veterans.
A Veterans Health Administration report showed that this limited, 2-
year pilot program, run by the Readjustment Counseling Service,
produced positive, measurable results helping returning women veterans
experiencing post-traumatic stress, depression, sleep disturbances and
isolation, many having been evaluated as service-connected for severe
PTSD.
In surveys, participants have consistently reported experiencing a
marked decrease in stress symptoms and an increase in coping skills,
including understanding better how to develop support systems and to
access available resources at the VA and in their communities as they
reenter civilian life.
Post-9/11 women veterans, often combat veterans, are brought together
in groups of about 20, in outdoor settings. These veterans, most of
whom are coping with the effects of severe PTSD, some as a result of
sexual trauma while in the military, participated in trust-building
exercises and worked with counselors and psychological educators to
build peer support.
Financial and occupational counseling and conflict resolution
training were also offered on an as-needed basis.
I urge support of this provision and the underlying legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. ABRAHAM. Mr. Speaker, I continue to urge support of H.R. 677.
I yield back the balance of my time.
[[Page H628]]
Ms. JACKSON LEE. Mr. Speaker, I rise today in strong support of H.R.
677, the ``American Heroes COLA Act.''
This bill requires that, whenever there is an increase in benefit
amounts payable under title II (Old Age, Survivors and Disability
Insurance) of the Social Security Act, the Secretary of Veterans
Affairs shall increase by the same percentage the amounts payable as
veterans' disability compensation.
H.R. 677 does the following:
1. compensates for dependents
2. a clothing allowance for certain disabled adults
3. compensation for surviving spouses and children
This bill requires that veterans are given the correct percentage and
benefit amounts from the Social Security Act.
Retired military veterans, VA rates for compensation and pension for
disabled veterans and surviving families will be effective December 1,
2015 and will be reflected on the first check to be paid on December
31, 2015.
Congress enacted the COLA provision as part of the 1972 Social
Security Amendments, and automatic annual COLAs began in 1975. Before
that, benefits were increased only when Congress enacted special
legislation.
COLA impacts benefits to about 59 social security recipients, 1.96
million military retirees and 4 million disabled veterans.
This increase in benefit amounts will help alleviate financial stress
that millions of our disabled veterans have.
As the sponsor of H.R. 76 ``the HERO Transition from Battlespace to
Workplace Act,'' I strongly support our veterans and any bill that
helps mitigate soldier to citizen transition.
As Abraham Lincoln stated, ``Honor to the soldier and sailor
everywhere, who bravely bears his country's cause. Honor, also, to the
citizen who cares for his brother in the field and serves, as he best
can, the same cause.''
H.R. 677 is a positive step forward in increasing in benefit amounts
payable as veteran's disability compensation.
I strongly support this bill and urge my colleagues to join me and do
the same.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Louisiana (Mr. Abraham) that the House suspend the rules
and pass the bill, H.R. 677, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to amend
title 38, United States Code, to provide for annual cost-of-living
adjustments to be made automatically by law each year in the rates of
disability compensation for veterans with service-connected
disabilities and the rates of dependency and indemnity compensation for
survivors of certain service-connected disabled veterans, and for other
purposes.''.
A motion to reconsider was laid on the table.
____________________