(This measure has not been amended since it was reported to the House on September 27, 2013. The summary of that version is repeated here.)
Title I: Improvement of Claims Processing - (Sec. 101) Establishes within the Department of Veterans Affairs (VA) a commission or task force to study: (1) the backlog of veterans' disability claims, including the current process used by the Secretary of Veterans Affairs (Secretary) to evaluate claims and appeals and the applicable laws and regulations; and (2) the anticipated increase of such appeals. Requires the commission or task force to submit to the Secretary, the Chairman of the Board of Veterans' Appeals, and the Chief Judge of the U.S. Court of Veterans Claims information with respect to remedies and solutions identified under the studies. Directs the commission or task force to report to the President on study findings, conclusions, and recommendations, as well as on progress in implementing appropriate solutions to expedite the elimination of the backlog of claims. Requires commission or task force members to be appointed within 15 days after the enactment of this Act and terminates the commission or task force 60 days after submission of its final report. Provides funding.
(Sec. 102) Directs the Secretary to submit to Congress, within 60 days after the enactment of this Act and every 120 days thereafter until May 25, 2015, a supplemental report on VA implementation of the Strategic Plan to Eliminate the Compensation Claims Backlog, including verification that during the period covered by the report each claim was approved or denied within 125 days after it was submitted with an accuracy rate of 98%.
(Sec. 103) Directs the Secretary to enter into agreements to ensure that the Commissioner of the Social Security Administration and the Secretary of Defense (DOD) transfer to the VA disability or medical records that the VA Secretary will use to evaluate a disability claim by not later than 30 days after the Secretary requests such records. Requires the two Secretaries to submit to Congress, and implement, a plan to reduce to 30 days the time needed to provide members of the National Guard and the VA Secretary with the medical records of Guard members.
(Sec. 104) Requires the Secretary to establish a two-year training program for newly-hired VA claims processors.
(Sec. 105) Directs the Comptroller General to report to Congress on the progress of the Secretary in improving the timeliness of claims processing and eliminating the claims backlog.
(Sec. 106) Directs the Secretary, in processing veterans claims for compensation, to provide priority over other claimants to veterans: (1) who have attained age 70; (2) who are terminally ill; (3) with life-threatening illnesses; (4) who are homeless; (5) who were awarded the Medal of Honor; (6) who are former prisoners of war; (7) whose claims are being re-reviewed in relation to a previously denied claim relating to military sexual trauma; and (8) whom the Secretary determines, on a case-by-case basis, either are seriously or very seriously injured or should be given priority based on an application for good cause established by the Secretary.
(Sec. 107) Directs the Secretary to maintain on the VA website publicly accessible information concerning pending and completed claims of compensation for a veteran's service-connected disability or death , including the number of claims pending and completed, and the average number of days between submission and completion, for certain periods. Requires the information provided to be updated at least every seven days.
(Sec. 108) Directs the Secretary to include in a required annual VA activities and costs report to Congress information on the automatic processing of claims for compensation during the preceding year, including each medical condition for which claims were processed and the number of claims for each condition.
(Sec. 109) Directs the Secretary to post notices of average times for the processing of compensation claims, as well as the percentage of claims approved, in a conspicuous place in each VA regional office and claims intake facility and on the VA website. Requires the Secretary to notify each person submitting a claim of such information and of the person's eligibility to receive up to an extra year of benefit payments upon filing an original claim that is fully developed. Requires the notice information to be updated at least quarterly.
Title II: Compensation and Pensions - (Sec. 201) Amends the Veterans Benefits Act of 2003 to extend through 2016 VA authority for the performance of medical disability evaluations by contract physicians. Permits licensed, VA-contracted physicians to conduct such examinations 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 authorized under the contract. Amends the Veterans' Benefits Improvement Act of 1996 to provide similar authorities with respect to permissible examination locations to licensed physicians under the pilot program authorizing the VA to use contract physicians to perform medical disability examinations of applicants for benefits under laws carried out through the Under Secretary for Benefits. Expands from 10 to 15 the maximum number of VA regional offices through which the Secretary is authorized to carry out the pilot program.
(Sec. 202) Provides that if a veteran eligible for a pension for service or for a non-service-connected disability, or the spouse of such veteran, disposes of a resource that was part of such veteran's estate for less than its fair market value within three years before applying for such pension, the Secretary shall deny or discontinue the pension payment for months beginning on the date of such disposition and ending when the uncompensated value of such resource is reached. Provides the same denial or discontinuance in the case of a veteran eligible for an increased pension payment on account of a child, unless the Secretary determines that such denial or discontinuance would work an undue hardship. Applies the same denial or discontinuance, with the same exception, in the case of: (1) a veteran's surviving spouse who disposes of a covered resource for less than fair market value within such period, and (2) an increased pension for such spouse on account of a child. Requires the Secretary, at the time a veteran, surviving spouse, or child applies for such a pension, to: (1) inform the individual of such requirements, and (2) obtain information to determine whether a period of ineligibility for such payments will be required. Requires annual reports from the Secretary, through 2018, on the administration of this section.
(Sec. 203) Directs the Secretary, over the eight-year period beginning on the date of enactment of this Act, prior to adjudicating a claim that requires decisions with respect to two or more disabilities, to make interim payments based on any disability for which the Secretary has already made a decision. Requires the Secretary, upon claim adjudication, to pay the benefits awarded less the amount of the interim payments.
(Sec. 204) Extends through FY2018 the current $90 per month limit on the amount of a VA pension that may be paid to veterans residing in nursing homes when their nursing costs are paid through title XIX (Medicaid) of the Social Security Act.
Title III: Other Matters - (Sec. 301) Directs the DOD Secretary to: (1) review the logs of each Navy ship known to have operated in the waters near Vietnam during the Vietnam Era (January 9, 1962, through May 7, 1975); (2) determine the dates of operation and the closest proximity to shore of each such ship; and (3) provide such information to the VA Secretary. Requires the VA Secretary to make such unclassified information publicly available.
(Sec. 302) Directs the Secretary of Homeland Security (DHS) to accept additional documentation for verifying honorable service as a coastwise merchant seaman between December 7, 1941, and December 31, 1946, for purposes of eligibility for veterans' benefits under the GI Bill Improvement Act of 1977. Requires such documentation to include Social Security Administration records and validated testimony in the case of the absence of Coast Guard shipping or discharge forms, ship logbooks, documents, or other official employment records. Requires the Secretary, when determining whether to recognize service allegedly performed during such period, to recognize masters of seagoing vessels or other command officers who were authorized to document an individual for purposes of hiring for or discharging from the merchant marine. Considers any service so recognized as active-duty service for purposes of veterans' burial benefits. Makes such veterans eligible for any appropriate military medals, ribbons, and decorations. Requires the DHS Secretary to verify that an individual performed such service under honorable conditions without regard to their sex, age, or disability during the service period.
(Sec. 303) Directs the Secretary to designate at least one city in the United States each year as an "American World War II City" based on its: (1) contributions to the war effort during World War II; and (2) efforts to preserve the history of such contributions, including preservation organizations or museums, restoration of World War II facilities, and recognition of World War II veterans. Designates Wilmington, North Carolina, as the first such city.
(Sec. 304) Directs the President to issue an annual proclamation calling on the people of the United States to observe two minutes of silence on Veterans Day, beginning at 3:11 p.m. Atlantic standard time, in honor of the service and sacrifice of veterans throughout the history of the nation.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2189 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2189
To establish a commission or task force to evaluate the backlog of
disability claims of the Department of Veterans Affairs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2013
Mr. Miller of Florida (for himself and Mr. McCarthy of California)
introduced the following bill; which was referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To establish a commission or task force to evaluate the backlog of
disability claims of the Department of Veterans Affairs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EVALUATION OF BACKLOG OF DISABILITY 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.
(b) Study.--
(1) In general.--The Commission or Task Force 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.
(2) Consideration.--In carrying out the study under
paragraph (1) 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) The importance of the claimant friendly,
nonadversarial nature of the claims process.
(3) Matters included.--In carrying out the study under
paragraph (1), the Commission or Task Force shall examine the
following:
(A) 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
transformation plan of the Department.
(B) 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.
(C) 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.
(D) The appeals process, including--
(i) an analysis of 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);
(ii) an analysis of the role of the Board
of Veterans' Appeals, including--
(I) the effectiveness of the
workload management of the Board;
(II) whether the Board should be
regionalized or maintain the
centralized structure in the District
of Columbia; and
(III) whether Board Members should
be required to pass the administrative
law judges certification examination;
and
(iii) an analysis of the role of the Court
of Appeals for Veterans Claims and the Court of
Appeals for the Federal Circuit, including--
(I) the continued effectiveness and
necessity of a two-tiered structure of
judicial review;
(II) the Article I status of the
Court of Appeals for Veterans Claims;
(III) expansion of either the Court
of Appeals for Veterans Claims or the
Court of Appeals for the Federal
Circuit jurisdiction, including by
allowing such Courts to hear class
action lawsuits with respect to claims;
and
(IV) the possibility of expanding
judicial review of claims to all
Federal circuit courts of appeals.
(4) Role of secretary of veterans affairs.--
(A) Information.--In carrying out a study on the
backlog of claims under paragraph (1), the Commission
or Task Force shall submit to the Secretary of Veterans
Affairs, at times that the Commission or Task Force
determines appropriate, information with respect to
remedies and solutions for the backlog of claims that
the Commission or Task Force identifies pursuant to
such study.
(B) Implementation.--The Secretary shall--
(i) fully consider the remedies and
solutions submitted under subparagraph (A);
(ii) implement such remedies and solutions
as the Secretary determines appropriate; and
(iii) submit to Congress justification for
failing to implement any such remedy or
solution.
(c) Reports.--
(1) Initial 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 report on the study conducted under
subsection (b), including--
(A) the findings of the causes of the backlog of
claims; and
(B) the level of cooperation the Commission or Task
Force has received from the Secretary of Veterans
Affairs and the heads of other departments or agencies
of the Federal Government.
(2) Interim 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 report under
paragraph (3), the Commission or Task Force shall submit to the
President and Congress a report on--
(A) the progress of the Secretary of Veterans
Affairs with respect to implementing solutions to
expedite the elimination of the backlog of claims
pursuant to subsection (b)(4)(B)(ii); and
(B) the level of cooperation the Commission or Task
Force has received from the Secretary of Veterans
Affairs and the heads of other departments or agencies
of the Federal Government.
(3) Final 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 report on the study conducted under subsection (b).
The report shall include the following:
(A) The findings, conclusions, and recommendations
of the Commission or Task Force with respect to the
matters referred to in such subsection.
(B) The recommendations of the Commission or Task
Force for revising and improving the backlog of claims
and the procedures used to process claims.
(C) The progress of the Secretary of Veterans
Affairs with respect to implementing solutions to
expedite the elimination of the backlog of claims
pursuant to subsection (b)(4)(B)(ii).
(D) Other information and recommendations with
respect to claims 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, at least one of whom shall be
a veteran.
(B) Two members appointed by the minority leader of
the House of Representatives, at least one of whom
shall be a veteran.
(C) Two members appointed by the majority leader of
the Senate, at least one of whom shall be a veteran.
(D) Two members appointed by the minority leader of
the Senate, at least one of whom shall be a veteran.
(E) Three members appointed by the President, at
least two of whom shall be veterans.
(F) Two members appointed by the Secretary of
Defense.
(G) Two members appointed by the Secretary of
Veteran Affairs, at least one of whom shall be a
veteran, and at least one of whom shall be an employee
of the Veterans Benefits Administration.
(2) Advisors.--In addition to the 15 members appointed
under paragraph (1), the Commission or Task Force shall--
(A) have five nonvoting, nonmember advisors,
appointed by a majority of the Commission or Task Force
from various veterans service organizations; and
(B) seek advice from experts from nongovernmental
organizations (including veterans service organizations
and military organizations), the Internet technology
industry, and the insurance industry.
(3) Chairman.--The President shall designate a member of
the Commission or Task Force to be the chairman.
(4) 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.
(5) Vacancy.--A vacancy on the Commission or Task Force
shall be filled in the manner in which the original appointment
was made.
(6) 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) 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) The chairman of the Commission or Task Force
may fix the compensation of the executive director and
other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for the executive director and other
personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such
title.
(4) Detail of government employees.--Upon request of the
chairman of the Commission or Task Force, the head of any
department or agency of the Federal Government may detail, on a
nonreimbursable basis, any personnel of that department or
agency to the Commission or Task Force to assist it in carrying
out its duties.
(5) Procurement of temporary and intermittent services.--
The chairman of the Commission or Task Force may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, at rates for individuals which do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Service 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 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) Claim Defined.--In this section, the term ``claim'' means a
claim for disability compensation under the laws administered by the
Secretary of Veterans Affairs.
<all>
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 113-236.
Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 113-236.
Placed on the Union Calendar, Calendar No. 171.
Mr. Miller (FL) moved to suspend the rules and pass the bill, as amended.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Considered under suspension of the rules. (consideration: CR H6782-6794)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2189.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H6806)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 404 - 1 (Roll no. 561).(text: CR H6782-6790)
Roll Call #561 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 404 - 1 (Roll no. 561). (text: CR H6782-6790)
Roll Call #561 (House)The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.