[Congressional Record Volume 163, Number 130 (Tuesday, August 1, 2017)]
[Senate]
[Pages S4674-S4681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 741. Mr. GRASSLEY proposed an amendment to the bill S. 860, to 
reauthorize and improve the Juvenile Justice and Delinquency Prevention 
Act of 1974, and for other purposes; as follows:

       Beginning on page 40, strike line 23 and all that follows 
     through page 41, line 23.
                                 ______
                                 
  SA 742. Mr. PORTMAN (for Mr. Grassley) proposed an amendment to the 
bill S. 178, to prevent elder abuse and exploitation and improve the 
justice system's response to victims in elder abuse and exploitation 
cases; as follows:

       On page 12, line 3, strike ``individual'' and insert 
     ``individually''.
       Beginning on page 23, strike line 15 and all that follows 
     through page 24, line 15 and insert the following:
       (1) Federal Government efforts to monitor--
       (A) the exploitation of older adults of the United States 
     in global drug trafficking schemes and other international 
     criminal enterprises;
       (B) the extent to which exploitation of older adults of the 
     United States by international criminal enterprises has 
     resulted in the incarceration of these citizens of the United 
     States in foreign countries; and
       (C) the total annual number of elder abuse cases pending in 
     the United States; and
       (2) the results of intervention by the United States with 
     foreign officials on behalf of citizens of the United States 
     who are elder abuse victims in international criminal 
     enterprises.
                                 ______
                                 
  SA 743. Mr. PORTMAN (for Mr. Rubio) proposed an amendment to the bill 
H.R. 601, to enhance the transparency and accelerate the impact of 
assistance provided under the Foreign Assistance Act of 1961 to promote 
quality basic education in developing countries, to better enable such 
countries to achieve universal access to quality basic education and 
improved learning outcomes, to eliminate duplication and waste, and for 
other purposes; as follows:

       On page 8, line 20, strike ``; and'' and insert a 
     semicolon.
       On page 8, line 23, strike the period at the end and insert 
     ``; and''.
       On page 8, between lines 23 and 24, insert the following:
       ``(E) promote United States values, especially respect for 
     all persons and freedoms of religion, speech, and the press.
       On page 12, line 14, strike ``; and'' and insert a 
     semicolon.
       On page 12, strike line 17 and insert ``educational 
     systems; and''.
       On page 12, between lines 17 and 18, insert the following:
       ``(C) there is the greatest opportunity to reduce childhood 
     and adolescence exposure to or engagement in violent 
     extremism or extremist ideologies.''.
                                 ______
                                 
  SA 744. Mr. PORTMAN (for Ms. Murkowski (for herself and Ms. 
Cantwell)) proposed an amendment to the bill H.R. 339, to amend Public 
Law 94-241 with respect to the Northern Mariana Islands; as follows:

       Beginning on page 2, strike line 19, and all that follows 
     through the end and insert the following:
       (B) by striking `` `ending on December 31, 2019'.'' and 
     inserting ``ending on December 31, 2019, except that for 
     fiscal year 2017 an additional 350 permits shall be made 
     available for extension of existing permits, expiring after 
     the date of enactment of the Northern Mariana Islands 
     Economic Expansion Act through September 30, 2017, of which 
     no fewer than 60 shall be reserved for healthcare 
     practitioners and technical operations (as that term is 
     defined by the Department of Labor as Standard Occupational 
     Classification Group 29-0000 or any successor provision), and 
     no fewer than 10 shall be reserved for plant and system 
     operators (as that term is defined by the Department of Labor 
     as Standard Occupational Classification Group 51-8000 or any 
     successor provision).''.
                                 ______
                                 
  SA 745. Mr. PORTMAN (for Mr. Isakson (for himself, Mr. Blumenthal, 
Mr. Tester, Mrs. Murray, Mr. Heller, Ms. Hassan, Mr. Nelson, Mr. King, 
Mr. Durbin, Mr. Udall, Mr. Heinrich, Mr. Donnelly, Mrs. McCaskill, and 
Mr. Brown)) proposed an amendment to the bill H.R. 2288, to amend title 
38, United States Code, to reform the rights and processes relating to 
appeals of decisions regarding claims for benefits under the laws 
administered by the Secretary of Veterans Affairs, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Appeals Improvement 
     and Modernization Act of 2017''.

     SEC. 2. REFORM OF RIGHTS AND PROCESSES RELATING TO APPEALS OF 
                   DECISIONS REGARDING CLAIMS FOR BENEFITS UNDER 
                   LAWS ADMINISTERED BY SECRETARY OF VETERANS 
                   AFFAIRS.

       (a) Definitions.--Section 101 of title 38, United States 
     Code, is amended by adding at the end the following new 
     paragraphs:
       ``(34) The term `agency of original jurisdiction' means the 
     activity which entered the original determination with regard 
     to a claim for benefits under laws administered by the 
     Secretary.
       ``(35) The term `relevant evidence' means evidence that 
     tends to prove or disprove a matter in issue.
       ``(36) The term `supplemental claim' means a claim for 
     benefits under laws administered by the Secretary filed by a 
     claimant who had previously filed a claim for the same or 
     similar benefits on the same or similar basis.''.
       (b) Notice Regarding Claims.--Section 5103(a) of such title 
     is amended--
       (1) in paragraph (1), in the first sentence, by striking 
     ``The'' and inserting ``Except as provided in paragraph (3), 
     the'';
       (2) in paragraph (2)(B)(i) by striking ``, a claim for 
     reopening a prior decision on a claim, or a claim for an 
     increase in benefits;'' and inserting ``or a supplemental 
     claim;''; and
       (3) by adding at the end the following new paragraph:
       ``(3) The requirement to provide notice under paragraph (1) 
     shall not apply with respect to a supplemental claim that is 
     filed within the timeframe set forth in subparagraphs (B) and 
     (D) of section 5110(a)(2) of this title.''.
       (c) Modification of Rule Regarding Disallowed Claims.--
     Section 5103A(f) of such title is amended--
       (1) by striking ``reopen'' and inserting ``readjudicate''; 
     and
       (2) by striking ``material'' and inserting ``relevant''.
       (d) Modification of Duty to Assist Claimants.--Section 
     5103A of such title is amended--
       (1) by redesignating subsections (e) through (g) as 
     subsections (g) through (i), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsections:
       ``(e) Applicability of Duty to Assist.--(1) The Secretary's 
     duty to assist under this section shall apply only to a 
     claim, or supplemental claim, for a benefit under a law 
     administered by the Secretary until the time that a claimant 
     is provided notice of the agency of original jurisdiction's 
     decision with respect to such claim, or supplemental claim, 
     under section 5104 of this title.
       ``(2) The Secretary's duty to assist under this section 
     shall not apply to higher-level review by the agency of 
     original jurisdiction, pursuant to section 5104B of this 
     title, or to review on appeal by the Board of Veterans' 
     Appeals.
       ``(f) Correction of Duty to Assist Errors.--(1) If, during 
     review of the agency of original jurisdiction decision under 
     section 5104B of this title, the higher-level adjudicator 
     identifies or learns of an error on the part of the agency of 
     original jurisdiction to satisfy its duties under this 
     section, and that error occurred prior to the agency of 
     original

[[Page S4675]]

     jurisdiction decision being reviewed, unless the Secretary 
     may award the maximum benefit in accordance with this title 
     based on the evidence of record, the higher-level adjudicator 
     shall return the claim for correction of such error and 
     readjudication.
       ``(2)(A) If the Board of Veterans' Appeals, during review 
     on appeal of an agency of original jurisdiction decision, 
     identifies or learns of an error on the part of the agency of 
     original jurisdiction to satisfy its duties under this 
     section, and that error occurred prior to the agency of 
     original jurisdiction decision on appeal, unless the 
     Secretary may award the maximum benefit in accordance with 
     this title based on the evidence of record, the Board shall 
     remand the claim to the agency of original jurisdiction for 
     correction of such error and readjudication.
       ``(B) Remand for correction of such error may include 
     directing the agency of original jurisdiction to obtain an 
     advisory medical opinion under section 5109 of this title.
       ``(3) Nothing in this subsection shall be construed to 
     imply that the Secretary, during the consideration of a 
     claim, does not have a duty to correct an error described in 
     paragraph (1) or (2) that was erroneously not identified 
     during higher-level review or during review on appeal with 
     respect to the claim.''.
       (e) Decisions and Notices of Decisions.--Subsection (b) of 
     section 5104 of such title is amended to read as follows:
       ``(b) Each notice provided under subsection (a) shall also 
     include all of the following:
       ``(1) Identification of the issues adjudicated.
       ``(2) A summary of the evidence considered by the 
     Secretary.
       ``(3) A summary of the applicable laws and regulations.
       ``(4) Identification of findings favorable to the claimant.
       ``(5) In the case of a denial, identification of elements 
     not satisfied leading to the denial.
       ``(6) An explanation of how to obtain or access evidence 
     used in making the decision.
       ``(7) If applicable, identification of the criteria that 
     must be satisfied to grant service connection or the next 
     higher level of compensation.''.
       (f) Binding Nature of Favorable Findings.--
       (1) In general.--Chapter 51 of such title is amended by 
     inserting after section 5104 the following new section:

     ``Sec. 5104A. Binding nature of favorable findings

       ``Any finding favorable to the claimant as described in 
     section 5104(b)(4) of this title shall be binding on all 
     subsequent adjudicators within the Department, unless clear 
     and convincing evidence is shown to the contrary to rebut 
     such favorable finding.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 51 of such title is amended by inserting 
     after the item relating to section 5104 the following new 
     item:

``5104A. Binding nature of favorable findings.''.
       (g) Higher-level Review by Agency of Original 
     Jurisdiction.--
       (1) In general.--Chapter 51 of such title, as amended by 
     subsection (f), is further amended by inserting after section 
     5104A, as added by such subsection, the following new 
     section:

     ``Sec. 5104B. Higher-level review by the agency of original 
       jurisdiction

       ``(a) In General.--(1) A claimant may request a review of 
     the decision of the agency of original jurisdiction by a 
     higher-level adjudicator within the agency of original 
     jurisdiction.
       ``(2) The Secretary shall approve each request for review 
     under paragraph (1).
       ``(b) Time and Manner of Request.--(1) A request for 
     higher-level review by the agency of original jurisdiction 
     shall be--
       ``(A) in writing in such form as the Secretary may 
     prescribe; and
       ``(B) made within one year of the notice of the agency of 
     original jurisdiction's decision.
       ``(2) Such request may specifically indicate whether such 
     review is requested by a higher-level adjudicator at the same 
     office within the agency of original jurisdiction or by an 
     adjudicator at a different office of the agency of original 
     jurisdiction. The Secretary shall not deny such request for 
     review by an adjudicator at a different office of the agency 
     of original jurisdiction without good cause.
       ``(c) Decision.--Notice of a higher-level review decision 
     under this section shall be provided in writing and shall 
     include a general statement--
       ``(1) reflecting whether evidence was not considered 
     pursuant to subsection (d); and
       ``(2) noting the options available to the claimant to have 
     the evidence described in paragraph (1), if any, considered 
     by the Department.
       ``(d) Evidentiary Record for Review.--The evidentiary 
     record before the higher-level adjudicator shall be limited 
     to the evidence of record in the agency of original 
     jurisdiction decision being reviewed.
       ``(e) De Novo Review.--A review of the decision of the 
     agency of original jurisdiction by a higher-level adjudicator 
     within the agency of original jurisdiction shall be de 
     novo.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 51 of such title, as amended by 
     subsection (f), is further amended by inserting after the 
     item relating to section 5104A, as added by such subsection, 
     the following new item:

``5104B. Higher-level review by the agency of original jurisdiction.''.
       (h) Options Following Decision by Agency of Original 
     Jurisdiction.--
       (1) In general.--Chapter 51 of such title, as amended by 
     subsection (g), is further amended by inserting after section 
     5104B, as added by such subsection, the following new 
     section:

     ``Sec. 5104C. Options following decision by agency of 
       original jurisdiction

       ``(a) Within One Year of Decision.--(1) Subject to 
     paragraph (2), in any case in which the Secretary renders a 
     decision on a claim, the claimant may take any of the 
     following actions on or before the date that is one year 
     after the date on which the agency of original jurisdiction 
     issues a decision with respect to that claim:
       ``(A) File a request for higher-level review under section 
     5104B of this title.
       ``(B) File a supplemental claim under section 5108 of this 
     title.
       ``(C) File a notice of disagreement under section 7105 of 
     this title.
       ``(2)(A) Once a claimant takes an action set forth in 
     paragraph (1), the claimant may not take another action set 
     forth in that paragraph with respect to the same claim or 
     same issue contained within the claim until--
       ``(i) the higher-level review, supplemental claim, or 
     notice of disagreement is adjudicated; or
       ``(ii) the request for higher-level review, supplemental 
     claim, or notice of disagreement is withdrawn.
       ``(B) Nothing in this subsection shall prohibit a claimant 
     from taking any of the actions set forth in paragraph (1) in 
     succession with respect to a claim or an issue contained 
     within the claim.
       ``(C) Nothing in this subsection shall prohibit a claimant 
     from taking different actions set forth in paragraph (1) with 
     respect to different claims or different issues contained 
     within a claim.
       ``(D) The Secretary may, as the Secretary considers 
     appropriate, develop and implement a policy for claimants 
     who--
       ``(i) take an action under paragraph (1);
       ``(ii) wish to withdraw the action before the higher-level 
     review, supplemental claim, or notice of disagreement is 
     adjudicated; and
       ``(iii) in lieu of such action take a different action 
     under paragraph (1).
       ``(b) More Than One Year After Decision.--In any case in 
     which the Secretary renders a decision on a claim and more 
     than one year has passed since the date on which the agency 
     of original jurisdiction issues a decision with respect to 
     that claim, the claimant may file a supplemental claim under 
     section 5108 of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 51 of such title, as amended by 
     subsection (g), is further amended by inserting after the 
     item relating to section 5104B, as added by such subsection, 
     the following new item:

``5104C. Options following decision by agency of original 
              jurisdiction.''.
       (i) Supplemental Claims.--
       (1) In general.--Section 5108 of such title is amended to 
     read as follows:

     ``Sec. 5108. Supplemental claims

       ``(a) In General.--If new and relevant evidence is 
     presented or secured with respect to a supplemental claim, 
     the Secretary shall readjudicate the claim taking into 
     consideration all of the evidence of record.
       ``(b) Duty to Assist.--(1) If a claimant, in connection 
     with a supplemental claim, reasonably identifies existing 
     records, whether or not in the custody of a Federal 
     department or agency, the Secretary shall assist the claimant 
     in obtaining the records in accordance with section 5103A of 
     this title.
       ``(2) Assistance under paragraph (1) shall not be 
     predicated upon a finding that new and relevant evidence has 
     been presented or secured.''.
       (2) Rule of construction.--Section 5108 of such title, as 
     amended by paragraph (1), shall not be construed to impose a 
     higher evidentiary threshold than the new and material 
     evidence standard that was in effect pursuant to such section 
     on the day before the date of the enactment of this Act.
       (3) Clerical amendment.--The table of sections at the 
     beginning of chapter 51 of such title is amended by striking 
     the item relating to section 5108 and inserting the following 
     new item:

``5108. Supplemental claims.''.
       (j) Remand to Obtain Advisory Medical Opinion.--Section 
     5109 of such title is amended by adding at the end the 
     following new subsection:
       ``(d)(1) The Board of Veterans' Appeals shall remand a 
     claim to direct the agency of original jurisdiction to obtain 
     an advisory medical opinion from an independent medical 
     expert under this section if the Board finds that the 
     Veterans Benefits Administration should have exercised its 
     discretion to obtain such an opinion.
       ``(2) The Board's remand instructions shall include the 
     questions to be posed to the independent medical expert 
     providing the advisory medical opinion.''.
       (k) Restatement of Requirement for Expedited Treatment of 
     Returned and Remanded Claims.--
       (1) In general.--Section 5109B of such title is amended to 
     read as follows:

[[Page S4676]]

  


     ``Sec. 5109B. Expedited treatment of returned and remanded 
       claims

       ``The Secretary shall take such actions as may be necessary 
     to provide for the expeditious treatment by the Veterans 
     Benefits Administration of any claim that is returned by a 
     higher-level adjudicator under section 5104B of this title or 
     remanded by the Board of Veterans' Appeals.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 51 of such title is amended by striking 
     the item relating to section 5109B and inserting the 
     following new item:

``5109B. Expedited treatment of returned and remanded claims.''.
       (l) Effective Dates of Awards.--Section 5110 of title 38, 
     United States Code, is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a)(1) Unless specifically provided otherwise in this 
     chapter, the effective date of an award based on an initial 
     claim, or a supplemental claim, of compensation, dependency 
     and indemnity compensation, or pension, shall be fixed in 
     accordance with the facts found, but shall not be earlier 
     than the date of receipt of application therefor.
       ``(2) For purposes of determining the effective date of an 
     award under this section, the date of application shall be 
     considered the date of the filing of the initial application 
     for a benefit if the claim is continuously pursued by filing 
     any of the following, either alone or in succession:
       ``(A) A request for higher-level review under section 5104B 
     of this title on or before the date that is one year after 
     the date on which the agency of original jurisdiction issues 
     a decision.
       ``(B) A supplemental claim under section 5108 of this title 
     on or before the date that is one year after the date on 
     which the agency of original jurisdiction issues a decision.
       ``(C) A notice of disagreement on or before the date that 
     is one year after the date on which the agency of original 
     jurisdiction issues a decision.
       ``(D) A supplemental claim under section 5108 of this title 
     on or before the date that is one year after the date on 
     which the Board of Veterans' Appeals issues a decision.
       ``(E) A supplemental claim under section 5108 of this title 
     on or before the date that is one year after the date on 
     which the Court of Appeals for Veterans Claims issues a 
     decision.
       ``(3) Except as otherwise provided in this section, for 
     supplemental claims received more than one year after the 
     date on which the agency of original jurisdiction issued a 
     decision or the Board of Veterans' Appeals issued a decision, 
     the effective date shall be fixed in accordance with the 
     facts found, but shall not be earlier than the date of 
     receipt of the supplemental claim.''; and
       (2) in subsection (i), in the first sentence--
       (A) by striking ``reopened'' and inserting 
     ``readjudicated'';
       (B) by striking ``material'' and inserting ``relevant''; 
     and
       (C) by striking ``reopening'' and inserting 
     ``readjudication''.
       (m) Definition of Award or Increased Award for Purposes of 
     Provisions Relating to Commencement of Period of Payment.--
     Section 5111(d)(1) of such title is amended by striking ``or 
     reopened award'' and inserting ``award or award based on a 
     supplemental claim''.
       (n) Modification of Limitation on Fees Allowable for 
     Representation.--Section 5904(c) of such title is amended, in 
     paragraphs (1) and (2), by striking ``notice of disagreement 
     is filed'' both places it appears and inserting ``claimant is 
     provided notice of the agency of original jurisdiction's 
     initial decision under section 5104 of this title''.
       (o) Clarification of Board of Veterans' Appeals Referral 
     Requirements After Order for Reconsideration of Decisions.--
     Section 7103(b)(1) of title 38, United States Code, is 
     amended by striking ``heard'' both places it appears and 
     inserting ``decided''.
       (p) Conforming Amendment Relating to Readjudication.--
     Section 7104(b) of such title is amended by striking 
     ``reopened'' and inserting ``readjudicated''.
       (q) Modification of Procedures for Appeals to Board of 
     Veterans' Appeals.--
       (1) In general.--Section 7105 of title 38, United States 
     Code, is amended--
       (A) in subsection (a), by striking the first sentence and 
     inserting ``Appellate review shall be initiated by the filing 
     of a notice of disagreement in the form prescribed by the 
     Secretary.'';
       (B) by amending subsection (b) to read as follows:
       ``(b)(1)(A) Except in the case of simultaneously contested 
     claims, a notice of disagreement shall be filed within one 
     year from the date of the mailing of notice of the decision 
     of the agency of original jurisdiction pursuant to section 
     5104, 5104B, or 5108 of this title.
       ``(B) A notice of disagreement postmarked before the 
     expiration of the one-year period shall be accepted as timely 
     filed.
       ``(C) A question as to timeliness or adequacy of the notice 
     of disagreement shall be decided by the Board.
       ``(2)(A) Notices of disagreement shall be in writing, shall 
     identify the specific determination with which the claimant 
     disagrees, and may be filed by the claimant, the claimant's 
     legal guardian, or such accredited representative, attorney, 
     or authorized agent as may be selected by the claimant or 
     legal guardian.
       ``(B) Not more than one recognized organization, attorney, 
     or agent may be recognized at any one time in the prosecution 
     of a claim.
       ``(C) Notices of disagreement shall be filed with the 
     Board.
       ``(3) The notice of disagreement shall indicate whether the 
     claimant requests--
       ``(A) a hearing before the Board, which shall include an 
     opportunity to submit evidence in accordance with section 
     7113(b) of this title;
       ``(B) an opportunity to submit additional evidence without 
     a hearing before the Board, which shall include an 
     opportunity to submit evidence in accordance with section 
     7113(c) of this title; or
       ``(C) a review by the Board without a hearing or the 
     submittal of additional evidence.
       ``(4) The Secretary shall develop a policy to permit a 
     claimant to modify the information identified in the notice 
     of disagreement after the notice of disagreement has been 
     filed under this section pursuant to such requirements as the 
     Secretary may prescribe.'';
       (C) by amending subsection (c) to read as follows:
       ``(c) If no notice of disagreement is filed in accordance 
     with this chapter within the prescribed period, the action or 
     decision of the agency of original jurisdiction shall become 
     final and the claim shall not thereafter be readjudicated or 
     allowed, except--
       ``(1) in the case of a readjudication or allowance pursuant 
     to a higher-level review that was requested in accordance 
     with section 5104B of this title;
       ``(2) as may otherwise be provided by section 5108 of this 
     title; or
       ``(3) as may otherwise be provided in such regulations as 
     are consistent with this title.'';
       (D) by striking subsection (d) and inserting the following 
     new subsection (d):
       ``(d) The Board may dismiss any appeal which fails to 
     identify the specific determination with which the claimant 
     disagrees.'';
       (E) by striking subsection (e); and
       (F) in the section heading, by striking ``notice of 
     disagreement and''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 71 of such title is amended by striking 
     the item relating to section 7105 and inserting the following 
     new item:

``7105. Filing of appeal.''.
       (r) Modification of Procedures and Requirements for 
     Simultaneously Contested Claims.--Subsection (b) of section 
     7105A of such title is amended to read as follows:
       ``(b)(1) The substance of the notice of disagreement shall 
     be communicated to the other party or parties in interest and 
     a period of thirty days shall be allowed for filing a brief 
     or argument in response thereto.
       ``(2) Such notice shall be forwarded to the last known 
     address of record of the parties concerned, and such action 
     shall constitute sufficient evidence of notice.''.
       (s) Repeal of Procedures for Administrative Appeals.--
       (1) In general.--Chapter 71 of such title is amended by 
     striking section 7106.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 71 of such title is amended by striking 
     the item relating to section 7106.
       (t) Modifications Relating to Appeals: Dockets; Hearings.--
     Section 7107 of such title is amended to read as follows:

     ``Sec. 7107. Appeals: dockets; hearings

       ``(a) Dockets.--(1) Subject to paragraph (2), the Board 
     shall maintain at least two separate dockets.
       ``(2) The Board may not maintain more than two separate 
     dockets unless the Board notifies the Committee on Veterans' 
     Affairs of the Senate and the Committee on Veterans' Affairs 
     of the House of Representatives of any additional docket, 
     including a justification for maintaining such additional 
     docket.
       ``(3)(A) The Board may assign to each docket maintained 
     under paragraph (1) such cases as the Board considers 
     appropriate, except that cases described in clause (i) of 
     subparagraph (B) may not be assigned to any docket to which 
     cases described in clause (ii) of such paragraph are 
     assigned.
       ``(B) Cases described in this paragraph are the following:
       ``(i) Cases in which no Board hearing is requested.
       ``(ii) Cases in which a Board hearing is requested in the 
     notice of disagreement.
       ``(4) Except as provided in subsection (b), each case 
     before the Board will be decided in regular order according 
     to its respective place on the docket to which it is assigned 
     by the Board.
       ``(b) Advancement on the Docket.--(1) A case on one of the 
     dockets of the Board maintained under subsection (a) may, for 
     cause shown, be advanced on motion for earlier consideration 
     and determination.
       ``(2) Any such motion shall set forth succinctly the 
     grounds upon which the motion is based.
       ``(3) Such a motion may be granted only--
       ``(A) if the case involves interpretation of law of general 
     application affecting other claims;
       ``(B) if the appellant is seriously ill or is under severe 
     financial hardship; or
       ``(C) for other sufficient cause shown.
       ``(c) Manner and Scheduling of Hearings for Cases on a 
     Docket That May Include a Hearing.--(1) For cases on a docket 
     maintained by the Board under subsection (a)

[[Page S4677]]

     that may include a hearing, in which a hearing is requested 
     in the notice of disagreement, the Board shall notify the 
     appellant whether a Board hearing will be held--
       ``(A) at its principal location; or
       ``(B) by picture and voice transmission at a facility of 
     the Department where the Secretary has provided suitable 
     facilities and equipment to conduct such hearings.
       ``(2)(A) Upon notification of a Board hearing at the 
     Board's principal location as described in subparagraph (A) 
     of paragraph (1), the appellant may alternatively request a 
     hearing as described in subparagraph (B) of such paragraph. 
     If so requested, the Board shall grant such request.
       ``(B) Upon notification of a Board hearing by picture and 
     voice transmission as described in subparagraph (B) of 
     paragraph (1), the appellant may alternatively request a 
     hearing as described in subparagraph (A) of such paragraph. 
     If so requested, the Board shall grant such request.
       ``(d) Screening of Cases.--Nothing in this section shall be 
     construed to preclude the screening of cases for purposes 
     of--
       ``(1) determining the adequacy of the record for decisional 
     purposes; or
       ``(2) the development, or attempted development, of a 
     record found to be inadequate for decisional purposes.
       ``(e) Policy on Changing Dockets.--The Secretary shall 
     develop and implement a policy allowing an appellant to move 
     the appellant's case from one docket to another docket.''.
       (u) Repeal of Certain Authority for Independent Medical 
     Opinions.--
       (1) In general.--Section 7109 of such title is repealed.
       (2) Conforming amendment.--Section 5701(b)(1) of such title 
     is amended by striking ``or 7109''.
       (3) Clerical amendment.--The table of sections at the 
     beginning of chapter 71 of such title is amended by striking 
     the item relating to section 7109.
       (v) Clarification of Procedures for Review of Decisions on 
     Grounds of Clear and Unmistakable Error.--Section 7111(e) of 
     such title is amended by striking ``, without referral to any 
     adjudicative or hearing official acting on behalf of the 
     Secretary''.
       (w) Evidentiary Record Before Board of Veterans' Appeals.--
       (1) In general.--Chapter 71 of such title is amended by 
     adding at the end the following new section:

     ``Sec. 7113. Evidentiary record before the Board of Veterans' 
       Appeals

       ``(a) Cases With No Request for a Hearing or Additional 
     Evidence.--For cases in which a hearing before the Board of 
     Veterans' Appeals is not requested in the notice of 
     disagreement and no request was made to submit evidence, the 
     evidentiary record before the Board shall be limited to the 
     evidence of record at the time of the decision of the agency 
     of original jurisdiction on appeal.
       ``(b) Cases With a Request for a Hearing.--(1) Except as 
     provided in paragraph (2), for cases in which a hearing is 
     requested in the notice of disagreement, the evidentiary 
     record before the Board shall be limited to the evidence of 
     record at the time of the decision of the agency of original 
     jurisdiction on appeal.
       ``(2) The evidentiary record before the Board for cases 
     described in paragraph (1) shall include each of the 
     following, which the Board shall consider in the first 
     instance:
       ``(A) Evidence submitted by the appellant and his or her 
     representative, if any, at the Board hearing.
       ``(B) Evidence submitted by the appellant and his or her 
     representative, if any, within 90 days following the Board 
     hearing.
       ``(c) Cases With No Request for a Hearing and With a 
     Request for Additional Evidence.--(1) Except as provided in 
     paragraph (2), for cases in which a hearing is not requested 
     in the notice of disagreement but an opportunity to submit 
     evidence is requested, the evidentiary record before the 
     Board shall be limited to the evidence considered by the 
     agency of original jurisdiction in the decision on appeal.
       ``(2) The evidentiary record before the Board for cases 
     described in paragraph (1) shall include each of the 
     following, which the Board shall consider in the first 
     instance:
       ``(A) Evidence submitted by the appellant and his or her 
     representative, if any, with the notice of disagreement.
       ``(B) Evidence submitted by the appellant and his or her 
     representative, if any, within 90 days following receipt of 
     the notice of disagreement.''.
       (2) Notification when evidence not considered.--Section 
     7104(d) of such title is amended--
       (A) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) a general statement--
       ``(A) reflecting whether evidence was not considered in 
     making the decision because the evidence was received at a 
     time when not permitted under section 7113 of this title; and
       ``(B) noting such options as may be available for having 
     the evidence considered by the Department; and''.
       (3) Clerical amendment.--The table of sections at the 
     beginning of chapter 71 of such title is amended by inserting 
     after the item relating to section 7112 the following new 
     item:

``7113. Evidentiary record before the Board of Veterans' Appeals.''.
       (x) Applicability.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to all claims for which notice of a decision under section 
     5104 of title 38, United States Code, is provided by the 
     Secretary of Veterans Affairs on or after the later of--
       (A) the date that is 540 days after the date of the 
     enactment of this Act; and
       (B) the date that is 30 days after the date on which the 
     Secretary of Veterans Affairs submits to the appropriate 
     committees of Congress--
       (i) a certification that the Secretary confirms, without 
     delegation, that the Department of Veterans Affairs has the 
     resources, personnel, office space, procedures, and 
     information technology required--

       (I) to carry out the new appeals system;
       (II) to timely address appeals under the new appeals 
     system; and
       (III) to timely address appeals of decisions on legacy 
     claims; and

       (ii) a summary of the expectations for performance outcomes 
     that the Secretary used in making the certification under 
     clause (i)(III) and a comparison of such expected performance 
     outcomes with actual performance outcomes with respect to 
     appeals of legacy claims before the effective date of the new 
     appeals system.
       (2) Collaboration.--In determining whether and when to make 
     a certification under paragraph (1)(B), the Secretary shall 
     collaborate with, partner with, and give weight to the advice 
     of veterans service organizations and such other stakeholders 
     as the Secretary considers appropriate.
       (3) Early applicability.--The Secretary may apply the new 
     appeals system to a claim with respect to which the 
     claimant--
       (A) receives a notice of a decision under section 5104 of 
     such title after the date of the enactment of this Act and 
     before the applicability date set forth in paragraph (1); and
       (B) elects to subject the claim to the new appeals system.
       (4) Phased rollout.--The Secretary may begin implementation 
     of the new appeals system in phases, with the first phase of 
     such phased implementation beginning on the applicability 
     date set forth in paragraph (1).
       (5) Treatment of legacy claims.--With respect to legacy 
     claims, upon the issuance to a claimant of a statement of the 
     case or supplemental statement of the case occurring on or 
     after the applicability date specified in paragraph (1), a 
     claimant may elect to participate in the new appeals system.
       (6) Publication of applicability date.--Not later than the 
     date on which the new appeals system goes into effect (or the 
     first phase of the new appeals system goes into effect under 
     paragraph (4), as the case may be), the Secretary shall 
     publish in the Federal Register such date.
       (7) Definitions.--In this subsection:
       (A) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (i) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the Senate; and
       (ii) the Committee on Veterans' Affairs and the Committee 
     on Appropriations of the House of Representatives.
       (B) Veterans service organization.--The term ``veterans 
     service organization'' means any organization recognized by 
     the Secretary for the representation of veterans under 
     section 5902 of title 38, United States Code.
       (y) Rule of Construction.--Nothing in this section or any 
     of the amendments made by this section shall be construed to 
     limit the ability of a claimant to request a revision of a 
     decision under section 5109A or 7111 of title 38, United 
     States Code.

     SEC. 3. COMPREHENSIVE PLAN FOR PROCESSING OF LEGACY APPEALS 
                   AND IMPLEMENTING NEW APPEALS SYSTEM.

       (a) Plan Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall submit to the appropriate committees of 
     Congress and the Comptroller General of the United States a 
     comprehensive plan for--
       (1) the processing of appeals of decisions on legacy claims 
     that the Secretary considers pending;
       (2) implementing the new appeals system;
       (3) timely processing, under the new appeals system, of--
       (A) supplemental claims under section 5108 of title 38, 
     United States Code, as amended by section 2(i);
       (B) requests for higher-level review under section 5104B of 
     such title, as added by section 2(g); and
       (C) appeals on any docket maintained under section 7107 of 
     such title, as amended by section 2(t); and
       (4) monitoring the implementation of the new appeals 
     system, including metrics and goals--
       (A) to track the progress of the implementation;
       (B) to evaluate the efficiency and effectiveness of the 
     implementation; and
       (C) to identify potential issues relating to the 
     implementation.
       (b) Elements.--The plan required by subsection (a) shall 
     include, at a minimum, the following:
       (1) Delineation of the total resource requirements of the 
     Veterans Benefits Administration and the Board of Veterans' 
     Appeals,

[[Page S4678]]

     disaggregated by resources required to implement and 
     administer the new appeals system and resources required to 
     address the appeals of decisions on legacy claims.
       (2) Delineation of the personnel requirements of the 
     Administration and the Board, including staffing levels 
     during the--
       (A) period in which the Administration and the Board are 
     concurrently processing--
       (i) appeals of decisions on legacy claims; and
       (ii) appeals of decisions on non-legacy claims under the 
     new appeals system; and
       (B) the period during which the Administration and the 
     Board are no longer processing any appeals of decisions on 
     legacy claims.
       (3) Identification of the legal authorities under which the 
     Administration or the Board may--
       (A) hire additional employees to conduct the concurrent 
     processing described in paragraph (2)(A); and
       (B) remove employees who are no longer required by the 
     Administration or the Board once the Administration and the 
     Board are no longer processing any appeals of decisions on 
     legacy claims.
       (4) An estimate of the amount of time the Administration 
     and the Board will require to hire additional employees as 
     described in paragraph (3)(A) once funding has been made 
     available for such purpose, including a comparison of such 
     estimate and the historical average time required by the 
     Administration and the Board to hire additional employees.
       (5) A description of the amount of training and experience 
     that will be required of individuals conducting higher-level 
     reviews under section 5104B of title 38, United States Code, 
     as added by section 2(g).
       (6) An estimate of the percentage of higher-level 
     adjudicators who will be employees of the Department of 
     Veterans Affairs who were Decision Review Officers on the day 
     before the new appeals system takes effect or had experience, 
     as of such date, comparable to that of one who was a Decision 
     Review Officer.
       (7) A description of the functions that will be performed 
     after the date on which the new appeals system takes effect 
     by Decision Review Officers who were Decision Review Officers 
     on the day before the date the new appeals system takes 
     effect.
       (8) Identification of and a timeline for--
       (A) any training that may be required as a result of hiring 
     new employees to carry out the new appeals system or to 
     process appeals of decisions on legacy claims; and
       (B) any retraining of existing employees that may be 
     required to carry out such system or to process such claims.
       (9) Identification of the costs to the Department of 
     Veterans Affairs of the training identified under paragraph 
     (8) and any additional training staff and any additional 
     training facilities that will be required to provide such 
     training.
       (10) A description of the modifications to the information 
     technology systems of the Administration and the Board that 
     the Administration and the Board require to carry out the new 
     appeals system, including cost estimates and a timeline for 
     making the modifications.
       (11) An estimate of the office space the Administration and 
     the Board will require during each of the periods described 
     in paragraph (2), including--
       (A) an estimate of the amount of time the Administration 
     and the Board will require to acquire any additional office 
     space to carry out processing of appeals of decisions on 
     legacy claims and processing of appeals under the new appeals 
     system;
       (B) a comparison of the estimate under subparagraph (A) and 
     the historical average time required by the Administration 
     and the Board to acquire new office space; and
       (C) a plan for using telework to accommodate staff 
     exceeding available office space, including how the 
     Administration and the Board will provide training and 
     oversight with respect to such teleworking.
       (12) Projections for the productivity of individual 
     employees at the Administration and the Board in carrying out 
     tasks relating to the processing of appeals of decisions on 
     legacy claims and appeals under the new appeals system, 
     taking into account the experience level of new employees and 
     the enhanced notice requirements under section 5104(b) of 
     title 38, United States Code, as amended by section 2(e).
       (13) An outline of the outreach the Secretary expects to 
     conduct to inform veterans, families of veterans, survivors 
     of veterans, veterans service organizations, military service 
     organizations, congressional caseworkers, advocates for 
     veterans, and such other stakeholders as the Secretary 
     considers appropriate about the new appeals system, 
     including--
       (A) a description of the resources required to conduct such 
     outreach; and
       (B) timelines for conducting such outreach.
       (14) Timelines for updating any policy guidance, Internet 
     websites, and official forms that may be necessary to carry 
     out the new appeals system, including--
       (A) identification of which offices and entities will be 
     involved in efforts relating to such updating; and
       (B) historical information about how long similar update 
     efforts have taken.
       (15) A timeline, including interim milestones, for 
     promulgating such regulations as may be necessary to carry 
     out the new appeals system and a comparison with historical 
     averages for time required to promulgate regulations of 
     similar complexity and scope.
       (16) An outline of the circumstances under which claimants 
     with pending appeals of decisions on legacy claims would be 
     authorized to have their appeals reviewed under the new 
     appeals system.
       (17) A delineation of the key goals and milestones for 
     reducing the number of pending appeals that are not processed 
     under the new appeals system, including the expected number 
     of appeals, remands, and hearing requests at the 
     Administration and the Board each year, beginning with the 
     one year period beginning on the date of the enactment of 
     this Act, until there are no longer any appeals pending 
     before the Administration or the Board for a decision on a 
     legacy claim.
       (18) A description of each risk factor associated with each 
     element of the plan and a contingency plan to minimize each 
     such risk.
       (c) Review by Comptroller General of the United States.--
       (1) In general.--Not later than 90 days after the 
     Comptroller General of the United States receives the plan 
     required by subsection (a), the Comptroller General shall--
       (A) assess such plan; and
       (B) notify the appropriate committees of Congress of the 
     findings of the Comptroller General with respect to the 
     assessment conducted under subparagraph (A).
       (2) Elements.--The assessment conducted under paragraph 
     (1)(A) shall include the following:
       (A) An assessment of whether the plan comports with sound 
     planning practices.
       (B) Identification of any gaps in the plan.
       (C) Formulation of such recommendations as the Comptroller 
     General considers appropriate.
       (d) Periodic Progress Reports.--Not later than 90 days 
     after the date on which the Secretary submits the plan under 
     subsection (a), not less frequently than once every 90 days 
     thereafter until the applicability date set forth in section 
     2(x)(1), and not less frequently than once every 180 days 
     thereafter for the seven-year period following such 
     applicability date, the Secretary shall submit to the 
     appropriate committees of Congress and the Comptroller 
     General a report on the progress of the Secretary in carrying 
     out the plan and what steps, if any, the Secretary has taken 
     to address any recommendations formulated by the Comptroller 
     General pursuant to subsection (c)(2)(C).
       (e) Publication.--The Secretary shall make available to the 
     public on an Internet website of the Department of Veterans 
     Affairs--
       (1) the plan required by subsection (a); and
       (2) the periodic progress reports required by subsection 
     (d).
       (f) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 4. PROGRAMS TO TEST ASSUMPTIONS RELIED ON IN DEVELOPMENT 
                   OF COMPREHENSIVE PLAN FOR PROCESSING OF LEGACY 
                   APPEALS AND SUPPORTING NEW APPEALS SYSTEM.

       (a) Authorization.--
       (1) In general.--The Secretary of Veterans Affairs may 
     carry out such programs as the Secretary considers 
     appropriate to test any assumptions relied upon in developing 
     the comprehensive plan required by section 3(a) and to test 
     the feasibility and advisability of any facet of the new 
     appeals system.
       (2) Reporting required.--Whenever the Secretary determines, 
     based on the conduct of a program under paragraph (1), that 
     legislative changes to the new appeals system are necessary, 
     the Secretary shall submit to the Committee on Veterans' 
     Affairs of the Senate and the Committee on Veterans' Affairs 
     of the House of Representatives notice of such determination.
       (b) Department of Veterans Affairs Program on Fully 
     Developed Appeals.--
       (1) In general.--The Secretary of Veterans Affairs may, 
     under subsection (a)(1), carry out a program to provide the 
     option of an alternative appeals process that shall more 
     quickly determine such appeals in accordance with this 
     subsection.
       (2) Election.--
       (A) Filing.--In accordance with subparagraph (B), a 
     claimant may elect to file a fully developed appeal under the 
     program by filing with the Secretary all of the following:
       (i) 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 program.
       (ii) All evidence that the claimant believes is needed for 
     the appeal as of the date of the filing.
       (iii) A statement of the argument in support of the claim, 
     if any.
       (B) Timing.--A claimant shall make an election under 
     subparagraph (A) as part of the notice of disagreement filed 
     by the claimant in accordance with subparagraph (A)(i).
       (C) Triage.--The Secretary shall, upon expiration of the 
     period specified in paragraph (3)(C)(iii), ensure that an 
     assessment is undertaken of whether an appeal filed under 
     subparagraph (A) of this paragraph satisfies the requirements 
     for appeal under the program and provide appropriate 
     notification to

[[Page S4679]]

     the claimant of the results of that assessment.
       (D) Reversion.--
       (i) Elected reversion.--At any time, a claimant who makes 
     an election under subparagraph (A) may elect to revert to the 
     standard appeals process. Such a reversion shall be final.
       (ii) Automatic reversion.--A claimant described in clause 
     (i), or a claimant who makes an election under subparagraph 
     (A) but is later determined to be ineligible for the program 
     under paragraph (1), 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.
       (E) Outreach.--In providing claimants with notices of the 
     determination of a claim during the period in which the 
     program under paragraph (1) is carried out, the Secretary 
     shall conduct outreach as follows:
       (i) The Secretary shall provide to the claimant (and to the 
     representative of record of the claimant, if any) information 
     regarding--

       (I) the program, including the advantages and disadvantages 
     of the program;
       (II) how to make an election under subparagraph (A);
       (III) the limitation on the use of new evidence described 
     in subparagraph (C) of paragraph (3) and the development of 
     information under subparagraph (D) of such paragraph;
       (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; and
       (V) the circumstances under which the appeal will 
     automatically revert to the standard appeals process, 
     including by making a request for a hearing.

       (ii) The Secretary shall collaborate, partner with, and 
     give weight to the advice of the three veterans service 
     organizations with the most members and such other 
     stakeholders as the Secretary considers appropriate to 
     publish on the Internet website of the Department of Veterans 
     Affairs an online tutorial explaining the advantages and 
     disadvantages of the program.
       (3) Treatment by department and board.--
       (A) Process.--Upon the election of a claimant to file a 
     fully developed appeal pursuant to paragraph (2)(A), the 
     Secretary shall--
       (i) not provide the claimant with a statement of the case 
     nor require the claimant to file a substantive appeal; and
       (ii) transfer jurisdiction over the fully developed appeal 
     directly to the Board of Veterans' Appeals.
       (B) Docket.--
       (i) In general.--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 clause (ii), 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.

       (ii) Adjustment.--Beginning one year after the date on 
     which the program commences, the Board may adjust the number 
     of standard appeals decided for each fully developed appeal 
     under clause (i)(III) if the Board determines that such 
     adjustment is fair for both standard appeals and fully 
     developed appeals.
       (C) Limitation on use of new evidence.--
       (i) In general.--Except as provided by clauses (ii) and 
     (iii)--

       (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 paragraph 
     (2)(D); 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 
     paragraph (2)(D).

       (ii) Evidence gathered by board.--Clause (i) shall not 
     apply to evidence developed pursuant to subparagraphs (D) and 
     (E). The Board shall consider such evidence in the first 
     instance without consideration by the Veterans Benefits 
     Administration.
       (iii) Representative of record.--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.
       (D) 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--
       (i) in accordance with subparagraph (E), 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;
       (ii) retain jurisdiction of the fully developed appeal 
     without requiring a determination by the Veterans Benefits 
     Administration based on such records, opinions, or 
     examinations;
       (iii) ensure the claimant, and the representative of record 
     of a claimant, if any, receives a copy of such records, 
     opinions, or examinations; and
       (iv) 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 paragraph (2)(D).
       (E) Development unit.--
       (i) Establishment.--The Board of Veterans' Appeals shall 
     establish an office to develop Federal records, independent 
     medical opinions, and new medical examinations pursuant to 
     subparagraph (D)(i) that the Board determines necessary to 
     decide a fully developed appeal.
       (ii) Requirements.--The Secretary shall--

       (I) ensure that the Veterans Benefits Administration 
     cooperates with the Board of Veterans' Appeals in carrying 
     out clause (i); 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 clause (i) in a number the Secretary 
     determines sufficient to carry out such subparagraph.

       (F) Hearings.--Notwithstanding section 7107 of title 38, 
     United States Code, the Secretary may not provide hearings 
     with respect to fully developed appeals under the program. 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 
     paragraph (2)(D).
       (4) Duration; applicability.--
       (A) Duration.--Subject to subsection (c), the Secretary may 
     carry out the program during such period as the Secretary 
     considers appropriate.
       (B) Applicability.--This section shall apply only to fully 
     developed appeals that are filed during the period in which 
     the program is carried out pursuant to subparagraph (A).
       (5) Definitions.--In this subsection:
       (A) Compensation.--The term ``compensation'' has the 
     meaning given that term in section 101 of title 38, United 
     States Code.
       (B) Fully developed appeal.--The term ``fully developed 
     appeal'' means an appeal of a claim for disability 
     compensation that is--
       (i) filed by a claimant in accordance with paragraph 
     (2)(A); and
       (ii) considered in accordance with this subsection.
       (C) Standard appeal.--The term ``standard appeal'' means an 
     appeal of a claim for disability compensation that is not a 
     fully developed appeal.
       (c) Termination of Authority.--The Secretary of Veterans 
     Affairs may not carry out a program under this section after 
     the applicability date set forth in section 2(x)(1).

     SEC. 5. PERIODIC PUBLICATION OF METRICS RELATING TO 
                   PROCESSING OF APPEALS BY DEPARTMENT OF VETERANS 
                   AFFAIRS.

       The Secretary of Veterans Affairs shall periodically 
     publish on an Internet website of the Department of Veterans 
     Affairs the following:
       (1) With respect to the processing by the Secretary of 
     appeals under the new appeals system of decisions regarding 
     claims for benefits under laws administered by the Secretary, 
     the following:
       (A) For the Veterans Benefits Administration and, to the 
     extent practicable, each regional office of the Department of 
     Veterans Affairs, the number of--
       (i) supplemental claims under section 5108 of title 38, 
     United States Code, as amended by section 2(i), that are 
     pending; and
       (ii) requests for higher-level review under section 5104B 
     of such title, as added by section 2(g), that are pending.
       (B) The number of appeals on any docket maintained under 
     section 7107 of such title, as amended by section 2(t), that 
     are pending.
       (C) The average duration for processing claims and 
     supplemental claims, disaggregated by regional office.
       (D) The average duration for processing requests for 
     higher-level review under section 5104B of such title, as 
     added by section 2(g), disaggregated by regional office.
       (E) The average number of days that appeals are pending on 
     a docket of the Board of Veterans' Appeals maintained 
     pursuant to section 7107 of such title, as amended by section 
     2(t), disaggregated by--
       (i) appeals that include a request for a hearing;
       (ii) appeals that do not include a request for a hearing 
     and do include submittal of evidence; and
       (iii) appeals that do not include a request for a hearing 
     and do not include submittal of evidence.
       (F) With respect to the policy developed and implemented 
     under section 7107(e) of such title, as amended by section 
     2(t)--
       (i) the number of cases moved from one docket to another 
     pursuant to such policy;
       (ii) the average time cases were pending prior to moving 
     from one docket to another; and
       (iii) the average time to adjudicate the cases after so 
     moving.
       (G) The total number of remands to obtain advisory medical 
     opinions under section

[[Page S4680]]

     5109(d) of title 38, United States Code, as added by section 
     2(j).
       (H) The average number of days between the date on which 
     the Board remands a claim to obtain an advisory medical 
     opinion under section 5109(d) of such title, as so added, and 
     the date on which the advisory medical opinion is obtained.
       (I) The average number of days between the date on which 
     the Board remands a claim to obtain an advisory medical 
     opinion under section 5109(d) of such title, as so added, and 
     the date on which the agency of original jurisdiction issues 
     a decision taking that advisory opinion into account.
       (J) The number of appeals that are granted, the number of 
     appeals that are remanded, and the number of appeals that are 
     denied by the Board disaggregated by docket.
       (K) The number of claimants each year that take action 
     within the period set forth in section 5110(a)(2) of such 
     title, as added by section 2(l), to protect their effective 
     date under such section 5110(a)(2), disaggregated by the 
     status of the claimants taking the actions, such as whether 
     the claimant is represented by a veterans service 
     organization, the claimant is represented by an attorney, or 
     the claimant is taking such action pro se.
       (L) The total number of times on average each claimant 
     files under section 5110(a)(2) of such title, as so added, to 
     protect their effective date under such section, 
     disaggregated by the subparagraph of such section under which 
     they file.
       (M) The average duration, from the filing of an initial 
     claim until the claim is resolved and claimants no longer 
     take any action to protect their effective date under section 
     5110(a)(2) of such title, as so added--
       (i) of claims under the new appeals system, excluding 
     legacy claims that opt in to the new appeals system; and
       (ii) of legacy claims that opt in to the new appeals 
     system.
       (N) How frequently an action taken within one year to 
     protect an effective date under section 5110(a)(2) of such 
     title, as so added, leads to additional grant of benefits, 
     disaggregated by action taken.
       (O) The average of how long it takes to complete each 
     segment of the claims process while claimants are protecting 
     the effective date under such section, disaggregated by the 
     time waiting for the claimant to take an action and the time 
     waiting for the Secretary to take an action.
       (P) The number and the average amount of retroactive awards 
     of benefits from the Secretary as a result of protected 
     effective dates under such section, disaggregated by action 
     taken.
       (Q) The average number of times claimants submit to the 
     Secretary different claims with respect to the same 
     condition, such as an initial claim and a supplemental claim.
       (R) The number of cases each year in which a claimant 
     inappropriately tried to take simultaneous actions, such as 
     filing a supplemental claim while a higher-level review is 
     pending, what actions the Secretary took in response, and how 
     long it took on average to take those actions.
       (S) In the case that the Secretary develops and implements 
     a policy under section 5104C(a)(2)(D) of such title, as 
     amended by section 2(h)(1), the number of actions withdrawn 
     and new actions taken pursuant to such policy.
       (T) The number of times the Secretary received evidence 
     relating to an appeal or higher-level review at a time not 
     authorized under the new appeals system, disaggregated by 
     actions taken by the Secretary to deal with the evidence and 
     how long on average it took to take those actions.
       (U) The number of errors committed by the Secretary in 
     carrying out the Secretary's duty to assist under section 
     5103A of title 38, United States Code, that were identified 
     by higher-level review and by the Board, disaggregated by 
     type of error, such as errors relating to private records and 
     inadequate examinations, and a comparison with errors 
     committed by the Secretary in carrying out such duty with 
     respect to appeals of decisions on legacy claims.
       (V) An assessment of the productivity of employees at the 
     regional offices and at the Board, disaggregated by level of 
     experience of the employees.
       (W) The percentage of cases that are decided within the 
     goals established by the Secretary for deciding cases, 
     disaggregated by cases that involve a supplemental claim, 
     cases that involve higher-level review, and by docket 
     maintained under section 7107(a) of such title, as amended by 
     section 2(t), or in the case that the Secretary has not 
     established goals for deciding cases, the percentage of cases 
     which are decided within one year, two years, three years, 
     and more than three years, disaggregated by docket.
       (X) Of the cases that involve higher-level review, the 
     percentage of decisions that are overturned in whole or in 
     part by the higher-level adjudicator, that are upheld by the 
     higher-level adjudicator, and that are returned for 
     correction of an error.
       (Y) The frequency by which the Secretary readjudicates a 
     claim pursuant to section 5108 of such title, as amended by 
     section 2(i), and the frequency by which readjudication 
     pursuant to section 5108 of such title, as so amended, 
     results in an award of benefits.
       (Z) In any case in which the Board decides to screen cases 
     for a purpose described in section 7107(d) of such title, as 
     amended by section 2(t)(1)--
       (i) a description of the way in which the cases are 
     screened and the purposes for which they are screened;
       (ii) a description of the effect such screening has had 
     on--

       (I) the timeliness of the issuance of decisions of the 
     Board; and
       (II) the inventory of cases before the Board; and

       (iii) the type and frequency of development errors detected 
     through such screening.
       (2) With respect to the processing by the Secretary of 
     appeals of decisions on legacy claims, the following:
       (A) The average duration of each segment of the appeals 
     process, disaggregated by periods in which the Secretary is 
     waiting for a claimant to take an action and periods in which 
     the claimant is waiting for the Secretary to take an action.
       (B) The frequency by which appeals lead to additional grant 
     of benefits by the Secretary, disaggregated by whether the 
     additional benefits are a result of additional evidence added 
     after the initial decision.
       (C) The number and average amount of retroactive awards of 
     benefits resulting from an appeal.
       (D) The average duration from filing a legacy claim with 
     the Secretary until all appeals and remands relating to such 
     legacy claim are completed.
       (E) The average number of times claimants submit to the 
     Secretary different claims with respect to the same 
     condition, such as an initial claim, new and material 
     evidence, or a claim for an increase in benefits.
       (F) An assessment of the productivity of employees at the 
     regional offices and at the Board, disaggregated by level of 
     experience of the employees.
       (G) The average number of days the duration of an appeal is 
     extended because the Secretary secured or attempted to secure 
     an advisory medical opinion under section 5109 of title 38, 
     United States Code, or section 7109 of such title (as in 
     effect on the day before the date of the enactment of this 
     Act).
       (H) The frequency by which claims are reopened pursuant to 
     section 5108 of such title and the frequency by which such 
     reopening results in an award of benefits.
       (3) With respect to the processing by the Secretary of 
     appeals of decisions on legacy claims that opt in to the new 
     appeals system, the following:
       (A) The cumulative number of such legacy claims.
       (B) The portion of work in the new appeals system 
     attributable to appeals of decisions on such legacy claims.
       (C) The average period such legacy claims were pending 
     before opting in to the new appeals system and the average 
     period required to adjudicate such legacy claims on average 
     after opting in--
       (i) with respect to claims at a regional office of the 
     Department of Veterans Affairs, disaggregated by--

       (I) supplemental claims under section 5108 of title 38, 
     United States Code, as amended by section 2(i); and
       (II) requests for higher-level review under section 5104B 
     of such title, as added by section 2(g); and

       (ii) with respect to appeals, disaggregated by docket of 
     the Board maintained under section 7107 of such title, as 
     amended by section 2(t).

     SEC. 6. DEFINITIONS.

       In this Act:
       (1) Claimant.--The term ``claimant'' has the meaning given 
     such term in section 5100 of title 38, United States Code.
       (2) Legacy claims.--The term ``legacy claim'' means a 
     claim--
       (A) that was submitted to the Secretary of Veterans Affairs 
     for a benefit under a law administered by the Secretary; and
       (B) for which notice of a decision under section 5104 of 
     title 38, United States Code, was provided by the Secretary 
     before the date set forth in section 2(x).
       (3) Opt in.--The term ``opt in'' means, with respect to a 
     legacy claim of a claimant, that the claimant elects to 
     subject the claim to the new appeals system pursuant to--
       (A) section 2(x)(3); or
       (B) such other mechanism as the Secretary may prescribe for 
     purposes of carrying out this Act and the amendments made by 
     this Act.
       (4) New appeals system.--The term ``new appeals system'' 
     means the set of processes and mechanisms by which the 
     Secretary processes, pursuant to the authorities and 
     requirements modified by section 2, claims for benefits under 
     laws administered by the Secretary.
                                 ______
                                 
  SA 746. Mr. PORTMAN (for Mr. Johnson) proposed an amendment to the 
bill S. 582, to reauthorize the Office of Special Counsel, and for 
other purposes; as follows:

       On page 3, strike lines 10 through 23 and insert the 
     following:
       ``(ii) An Inspector General may withhold from the Special 
     Counsel material described in subparagraph (A) if the 
     Inspector General determines that the material contains 
     information derived from, or pertaining to, intelligence 
     activities.
       ``(iii) The Attorney General or an Inspector General may 
     withhold from the Special Counsel material described in 
     subparagraph (A) if--
       ``(I)(aa) disclosing the material could reasonably be 
     expected to interfere with a criminal investigation or 
     prosecution that is ongoing as of the date on which the 
     Special Counsel submits a request for the material; or

[[Page S4681]]

       ``(bb) the material--

       ``(AA) may not be disclosed pursuant to a court order; or
       ``(BB) has been filed under seal under section 3730 of 
     title 31; and

       ``(II) the Attorney General or the Inspector General, as 
     applicable, submits to the Special Counsel a written report 
     that describes--

       ``(aa) the material being withheld; and
       ``(bb) the reason that the material is being withheld.

       On page 33, after line 8, add the following:

     SEC. 14. TECHNICAL AMENDMENT.

       Section 1214(b)(1)(B)(ii) of title 5, United States Code, 
     as amended by section 1 of the Act entitled ``An Act to amend 
     section 1214 of title 5, United States Code, to provide for 
     stays during a period that the Merit Systems Protection Board 
     lacks a quorum.'' (S. 1083, 115th Congress, 1st Session), is 
     amended by striking ``who was appointed, by and with the 
     advice and consent of the Senate,''.

                          ____________________