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[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>
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