IB 

Union Calendar No. 171 

113TH CONGRESS 

1ST SESSION H. R. 2189 

[Report No. 113–236] 

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 

SEPTEMBER 27, 2013 

Additional sponsors: Mr. NUGENT, Ms. SINEMA, Mrs. WALORSKI, Mr. 

TURNER, Mr. MCINTYRE, Mr. MEADOWS, Mr. JONES, and Mr. ISSA

SEPTEMBER 27, 2013 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 23, 2013] 


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A BILL 

To establish a commission or task force to evaluate the 

backlog of disability claims of the Department of Veterans Affairs. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. Scoring of budgetary effects. 

TITLE I—IMPROVEMENT OF CLAIMS PROCESSING 

Sec. 101. Evaluation of backlog of disability claims and appeals of claims of Department of Veterans Affairs. 

Sec. 102. Supplemental reports to the Strategic Plan to Eliminate the Compensation Claims Backlog. 

Sec. 103. Expedition of transfer of certain records. 

Sec. 104. Claims processors training. 

Sec. 105. Report by Comptroller General of the United States. 

Sec. 106. Priority for processing claims of the Department of Veterans Affairs. 

Sec. 107. Public availability of certain information about pending and completed 

claims for compensation under the laws administered by the Secretary of Veterans Affairs. 

Sec. 108. Annual report on processing of claims. 

Sec. 109. Department of Veterans Affairs notice of average times for processing 

claims and percentage of claims approved. 

Sec. 110. Claim defined. 

TITLE II—COMPENSATION AND PENSIONS 

Sec. 201. Improvements to authority for performance of medical disabilities examinations by contract physicians. 

Sec. 202. Consideration by Secretary of Veterans Affairs of resources disposed of 

for less than fair market value by individuals applying for pension. 

Sec. 203. Bifurcated payments of compensation benefits under laws administered 

by the Secretary of Veterans Affairs. 

Sec. 204. Pension for certain veterans covered by Medicaid plans for services furnished by nursing facilities. 

TITLE III—OTHER MATTERS 

Sec. 301. Review of operation of certain ships during the Vietnam Era. 

Sec. 302. Methods for validating certain service considered to be active service 

by the Secretary of Veterans Affairs. 

Sec. 303. Designation of American World War II Cities. 

Sec. 304. Observance of Veterans Day. 

5 SEC. 2. SCORING OF BUDGETARY EFFECTS. 

6 The budgetary effects of this Act, for the purpose of 

7 complying with the Statutory Pay-As-You-Go Act of 2010, 


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1 shall be determined by reference to the latest statement titled 

2 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

3 submitted for printing in the Congressional Record by the 

4 Chairman of the House Budget Committee, provided that 

5 such statement has been submitted prior to the vote on pas6 sage. 

7 TITLE I—IMPROVEMENT OF 

8 CLAIMS PROCESSING 

9 SEC. 101. EVALUATION OF BACKLOG OF DISABILITY CLAIMS 

10 AND APPEALS OF CLAIMS OF DEPARTMENT 

11 OF VETERANS AFFAIRS. 

12 (a) IN GENERAL.—There is established a commission 

13 or task force to evaluate the backlog of claims within the 

14 Department of Veterans Affairs and the appeals process of 

15 claims. 

16 (b) STUDIES.— 

17 (1) BACKLOG STUDY.— 

18 (A) IN GENERAL.—The Commission or Task 

19 Force, acting through the subcommittee described 

20 in subsection (d)(2)(A), shall carry out a study 

21 on the backlog of claims, including the current 

22 process the Secretary of Veterans Affairs uses to 

23 evaluate claims and appeals and the laws and 

24 regulations applicable to such claims and ap25 peals. Such study shall be a comprehensive evalVerDate Mar 15 2010 21:11 Sep 27, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189

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1 uation and assessment of the backlog of claims, 

2 an analysis of possible improvements to the pro3 cedures used to process such claims, and any re4 lated issues that the Commission or Task Force 

5 considers relevant. 

6 (B) MATTERS INCLUDED.—In carrying out 

7 the study under subparagraph (A), the Commis8 sion or Task Force shall examine the following: 

9 (i) The backlog of claims, including an 

10 analysis of— 

11 (I) the most effective means to 

12 quickly and accurately resolve all 

13 claims pending as of the date of the 

14 study; and 

15 (II) with respect to the Depart16 ment, the annual funding, number of 

17 full-time employees, workload manage18 ment practices, and the progress, as of 

19 the date of the study, of the strategic 

20 plan. 

21 (ii) Possible improvements to the 

22 claims process, including an evaluation and 

23 recommendations with respect to whether 

24 substantive and structural changes to the 

25 overall claims process are required. 


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1 (iii) In carrying out the evaluation 

2 and recommendations under subparagraph 

3 (B), an examination of— 

4 (I) options that make no major 

5 substantive changes to the claims proc6 ess; 

7 (II) options that maintain the 

8 process but make minor changes; and 

9 (III) options that make broad 

10 changes to the process. 

11 (2) APPEALS PROCESS STUDY.— 

12 (A) IN GENERAL.—The Commission or Task 

13 Force, acting through the subcommittee described 

14 in subsection (d)(2)(B), shall carry out a study 

15 on the anticipated increase of appeals of claims, 

16 including the current appeals process and the 

17 laws and regulations applicable to such appeals. 

18 Such study shall be a comprehensive evaluation 

19 and assessment of such anticipated increase of 

20 appeals claims, an analysis of possible improve21 ments to the procedures used to process such ap22 peals, and any related issues that the Commis23 sion or Task Force considers relevant. 


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1 (B) MATTERS INCLUDED.—In carrying out 

2 the study under subparagraph (A), the Commis3 sion or Task Force shall examine the following: 

4 (i) The anticipated surge in appeals of 

5 claims, including an analysis of— 

6 (I) the most effective means to 

7 quickly and accurately resolve pending 

8 appeals and future appeals; 

9 (II) with respect to both the 

10 Board and the Court of Appeals for 

11 Veterans Claims, the annual funding, 

12 number of full-time employees, work13 load management practices, and the 

14 progress, as of the date of the study, of 

15 the strategic plan; and 

16 (III) the efficiency, effectiveness, 

17 and utility of the Veterans Benefits 

18 Management System with respect to 

19 appeals operations, including an iden20 tification of key changes that may need 

21 to be implemented to such system. 

22 (ii) Possible improvements to the ap23 peals process, including an evaluation and 

24 recommendations with respect to whether 


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1 substantive and structural changes to the 

2 overall appeals process are required. 

3 (iii) In carrying out the evaluation 

4 and recommendations under clause (ii), an 

5 examination of— 

6 (I) options that make no major 

7 substantive changes to the appeals 

8 process; 

9 (II) options that maintain the 

10 process but make minor changes; 

11 (III) options that make broad 

12 changes to the process; 

13 (IV) the necessity of the multi14 tiered levels of appeals at the regional 

15 office level, including filing a notice of 

16 disagreement, receipt of a statement of 

17 the case, supplemental statement of the 

18 case (if applicable), and substantive 

19 appeal (VA Form 9); 

20 (V) the role of the Board and the 

21 Appeals Management Center, includ22 ing— 

23 (aa) the effectiveness of the 

24 workload management of the 

25 Board and the Center; 


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1 (bb) whether the Board and 

2 Center should be regionalized or 

3 maintain the centralized structure 

4 in the District of Columbia; 

5 (cc) whether Board members 

6 should be required to pass the ad7 ministrative law judges certifi8 cation examination; and 

9 (dd) whether the Board 

10 should continue to require de novo 

11 review of appeals; and 

12 (VI) the role of the Court of Ap13 peals for Veterans Claims and the 

14 United States Court of Appeals for the 

15 Federal Circuit, including— 

16 (aa) the continued effective17 ness and necessity of a multi18 tiered structure of judicial review; 

19 (bb) whether the Court of Ap20 peals for Veterans Claims should 

21 have Article I or Article III sta22 tus; 

23 (cc) expansion of either the 

24 Court of Appeals for Veterans 

25 Claims or the United States Court 


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1 of Appeals for the Federal Circuit 

2 jurisdiction, including by allow3 ing such courts to hear class ac4 tion lawsuits with respect to 

5 claims; and 

6 (dd) the possibility of ex7 panding judicial review of claims 

8 to all Federal circuit courts of ap9 peals or allowing judicial review 

10 beyond the Court of Appeals for 

11 Veterans Claims only by the Su12 preme Court. 

13 (3) CONSIDERATION.—In carrying out the stud14 ies under paragraph (1)(A) and (2)(A) and making 

15 any recommendations under this section, the Commis16 sion or Task Force shall consider the following: 

17 (A) The interests of veterans, including with 

18 respect to accuracy, fairness, and transparency 

19 in the claims process of the Department. 

20 (B) The values and requirements of the 

21 Constitution, including with respect to compli22 ance with procedural and substantive due proc23 ess. 

24 (C) The public interest, including with re25 spect to the responsible use of available resources. 


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1 (D) With respect to the study conducted 

2 under paragraph (1)(A), the importance of the 

3 claimant friendly, nonadversarial nature of the 

4 claims process. 

5 (E) With respect to the study conducted 

6 under paragraph (2)(A), the importance of an 

7 appeals process that is efficient and easily un8 derstandable by a claimant. 

9 (4) ROLE OF SECRETARY, CHAIRMAN OF THE

10 BOARD, AND CHIEF JUDGE.— 

11 (A) INFORMATION.—In carrying out each 

12 study under paragraph (1)(A) and (2)(A), at 

13 times that the Commission or Task Force deter14 mines appropriate, the Commission or Task 

15 Force shall submit to the Secretary of Veterans 

16 Affairs, the Chairman of the Board, and the 

17 Chief Judge of the Court of Appeals for Veterans 

18 Claims, as the case may be, information with re19 spect to remedies and solutions that the Commis20 sion or Task Force identifies pursuant to such a 

21 study. 

22 (B) IMPLEMENTATION.—The Secretary, the 

23 Chairman of the Board, and the Chief Judge 

24 shall each— 


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1 (i) fully consider the remedies and so2 lutions submitted to the Secretary, the 

3 Chairman, or the Chief Judge, as the case 

4 may be, under subparagraph (A); 

5 (ii) implement such remedies and solu6 tions as the Secretary, the Chairman, or the 

7 Chief Judge, respectively, determines appro8 priate; and 

9 (iii) submit to Congress justification 

10 for failing to implement any such remedy 

11 or solution. 

12 (C) PLAN.—The Commission or Task Force 

13 shall submit to the Secretary, the Chairman of 

14 the Board, and the Chief Judge a feasible, time15 ly, and cost-effective plan to eliminate the back16 log of appeals of claims based on the remedies 

17 and solutions identified pursuant to the study 

18 under paragraph (2)(A) and the information 

19 submitted under subparagraph (A). 

20 (c) COMPREHENSIVE REPORTS.— 

21 (1) INITIAL COMPREHENSIVE REPORT.—Not later 

22 than 60 days after the date on which the Commission 

23 or Task Force first meets, the Commission or Task 

24 Force shall submit to the President and Congress an 

25 initial comprehensive report on the studies conducted 


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1 under paragraphs (1)(A) and (2)(A) of subsection (b), 

2 including— 

3 (A) the findings of the causes of the backlog 

4 of claims; 

5 (B) a proposed plan to handle the antici6 pated surge in appeals of claims; and 

7 (C) the level of cooperation the Commission 

8 or Task Force has received from the Secretary 

9 and the heads of other departments or agencies 

10 of the Federal Government. 

11 (2) INTERIM COMPREHENSIVE REPORTS.—Not 

12 later than 90 days after the date on which the Com13 mission or Task Force first meets, and each 30-day 

14 period thereafter ending on the date on which the 

15 Commission or Task Force submits the final com16 prehensive report under paragraph (3), the Commis17 sion or Task Force shall submit to the President and 

18 Congress a comprehensive report on— 

19 (A) the progress of the Secretary with re20 spect to implementing solutions to expedite the 

21 elimination of the backlog of claims pursuant to 

22 subsection (b)(4)(B)(ii); 

23 (B) the progress of the Secretary, the Chair24 man of the Board, and the Chief Judge of the 

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1 spect to implementing solutions to complete ap2 peals of claims in a timely manner in a timely 

3 manner pursuant to such subsection; and 

4 (C) the level of cooperation the Commission 

5 or Task Force has received from the Secretary 

6 and the heads of other departments or agencies 

7 of the Federal Government. 

8 (3) FINAL COMPREHENSIVE REPORT.—Not later 

9 than 180 days after the date on which the Commis10 sion or Task Force first meets, the Commission or 

11 Task Force shall submit to the President and Con12 gress a comprehensive report on the following: 

13 (A) With respect to the study conducted 

14 under subsection (b)(1)(A)— 

15 (i) The findings, conclusions, and rec16 ommendations of the Commission or Task 

17 Force with respect to the matters referred to 

18 in such subsection. 

19 (ii) The recommendations of the Com20 mission or Task Force for revising and im21 proving the backlog of claims and the proce22 dures used to process claims. 

23 (iii) The progress of the Secretary with 

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1 dite the elimination of the backlog of claims 

2 pursuant to subsection (b)(4)(B)(ii). 

3 (iv) Other information and rec4 ommendations with respect to claims as the 

5 Commission or Task Force considers appro6 priate. 

7 (B) With respect to the study conducted 

8 under subsection (b)(2)(A)— 

9 (i) The findings, conclusions, and rec10 ommendations of the Commission or Task 

11 Force with respect to the matters referred to 

12 in such subsection. 

13 (ii) The recommendations of the Com14 mission or Task Force for revising and im15 proving the appeals process; 

16 (iii) The information described in sub17 section (b)(4)(A). 

18 (iv) The feasible, timely, and cost effec19 tive plan described in subsection (b)(4)(C). 

20 (v) The progress of the Secretary, the 

21 Chairman of the Board, and the Chief 

22 Judge of the Court of Appeals for Veterans 

23 Claims with respect to implementing solu24 tions to provide timely appeals of claims. 


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1 (vi) Other information and rec2 ommendations with respect to the appeals 

3 process as the Commission or Task Force 

4 considers appropriate. 

5 (d) MEMBERSHIP.— 

6 (1) NUMBER AND APPOINTMENT.—The Commis7 sion or Task Force shall be composed of 15 members, 

8 appointed as follows: 

9 (A) Two members appointed by the Speaker 

10 of the House of Representatives, one of whom 

11 shall be designated to serve upon the Sub12 committee on the Backlog of Claims and one of 

13 whom shall be designated to serve upon the Sub14 committee on Appeals. 

15 (B) Two members appointed by the minor16 ity leader of the House of Representatives, one of 

17 whom shall be designated to serve upon the Sub18 committee on the Backlog of Claims and one of 

19 whom shall be designated to serve upon the Sub20 committee on Appeals. 

21 (C) Two members appointed by the major22 ity leader of the Senate, one of whom shall be 

23 designated to serve upon the Subcommittee on 

24 the Backlog of Claims and one of whom shall be 


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1 designated to serve upon the Subcommittee on 

2 Appeals. 

3 (D) Two members appointed by the minor4 ity leader of the Senate, one of whom shall be 

5 designated to serve upon the Subcommittee on 

6 the Backlog of Claims and one of whom shall be 

7 designated to serve upon the Subcommittee on 

8 Appeals. 

9 (E) Three members appointed by the Presi10 dent, two of whom shall be designated to serve 

11 upon the Subcommittee on the Backlog of Claims 

12 and one of whom shall be designated to serve 

13 upon the Subcommittee on Appeals. 

14 (F) One member appointed by the Secretary 

15 of Defense, whom shall be designated to serve 

16 upon the Subcommittee on the Backlog of 

17 Claims. 

18 (G) Two members appointed by the Sec19 retary of Veterans Affairs, one of whom shall be 

20 designated to serve upon the Subcommittee on 

21 the Backlog of Claims and one of whom shall be 

22 designated to serve upon the Subcommittee on 

23 Appeals. 

24 (H) One member appointed by the Chief 

25 Judge of the Court of Appeals for Veterans 


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1 Claims, whom shall be designated to serve upon 

2 the Subcommittee on Appeals. 

3 (2) SUBCOMMITTEES.—The Commission or Task 

4 Force shall have two subcommittees as follows: 

5 (A) A Subcommittee on the Backlog of 

6 Claims consisting of the eight members des7 ignated in accordance with paragraph (1). 

8 (B) A Subcommittee on Appeals consisting 

9 of the seven members designated in accordance 

10 with paragraph (1). 

11 (3) QUALIFICATIONS.—Each member appointed 

12 under paragraph (1) shall be appointed based on the 

13 experience of the member as a veteran or on the sub14 ject matter expertise or other relevant experience of 

15 the member. 

16 (4) ADVISORS.— 

17 (A) IN GENERAL.—In addition to the 15 

18 members appointed under paragraph (1), the 

19 Commission or Task Force shall— 

20 (i) have five nonvoting, nonmember ad21 visors, appointed by a majority of the Com22 mission or Task Force, each from a different 

23 organization that represents the interests of 

24 veterans; and 


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1 (ii) seek advice from experts from non2 governmental organizations (including vet3 erans service organizations and military or4 ganizations), the Internet technology indus5 try, and the insurance industry. 

6 (B) ADVICE.—Individuals described in 

7 clause (i) and (ii) of subparagraph (A) shall 

8 provide advice to both subcommittees described 

9 in paragraph (2). 

10 (5) CHAIRMAN.—The President shall designate a 

11 member of the Commission or Task Force who is ap12 pointed by the President and designated to serve upon 

13 the Subcommittee on the Backlog of Claims to serve 

14 as the chairman of the Commission or Task Force. 

15 The chairman may designate a member to serve as 

16 the chairman of the Subcommittee on the Backlog of 

17 Claims and a member to serve as the chairman of the 

18 Subcommittee on Appeals to chair such subcommittees 

19 as the designee of the chairman of the Commission or 

20 Task Force. 

21 (6) PERIOD OF APPOINTMENT.—Members of the 

22 Commission or Task Force shall be appointed for the 

23 life of the Commission or Task Force. A vacancy shall 

24 not affect its powers. 


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1 (7) VACANCY.—A vacancy on the Commission or 

2 Task Force shall be filled in the manner in which the 

3 original appointment was made. 

4 (8) APPOINTMENT DEADLINE.—The appointment 

5 of members of the Commission or Task Force estab6 lished in this section shall be made not later than 15 

7 days after the date of the enactment of this Act. 

8 (e) MEETINGS.— 

9 (1) INITIAL MEETING.—The Commission or Task 

10 Force shall hold its first meeting not later than 15 

11 days after the date on which a majority of the mem12 bers are appointed. 

13 (2) MEETINGS.—The Commission or Task Force 

14 shall meet at the call of the chairman. 

15 (3) QUORUM.—A majority of the members of the 

16 Commission or Task Force shall constitute a quorum, 

17 but a lesser number may hold hearings. 

18 (f) POWERS OF THE COMMISSION OR TASK FORCE.— 

19 (1) HEARINGS.—The Commission or Task Force 

20 may hold such hearings, sit and act at such times 

21 and places, take such testimony, and receive such evi22 dence as the Commission or Task Force considers ad23 visable to carry out the purposes of this section. 

24 (2) INFORMATION FROM FEDERAL AGENCIES.— 

25 The Commission or Task Force may secure directly 


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1 from any department or agency of the Federal Gov2 ernment such information as the Commission or Task 

3 Force considers necessary to carry out the provisions 

4 of this section. Upon request of the chairman, the 

5 head of such department or agency shall furnish such 

6 information to the Commission or Task Force. 

7 (3) POSTAL SERVICES.—The Commission or 

8 Task Force may use the United States mails in the 

9 same manner and under the same conditions as other 

10 departments and agencies of the Federal Government. 

11 (4) GIFTS.—The Commission or Task Force may 

12 accept, use, and dispose of gifts or donations of service 

13 or property. 

14 (g) PERSONNEL MATTERS.— 

15 (1) COMPENSATION OF MEMBERS.—Each mem16 ber of the Commission or Task Force who is not an 

17 officer or employee of the United States shall be com18 pensated at a rate equal to the daily equivalent of the 

19 annual rate of basic pay prescribed for level IV of the 

20 Executive Schedule under section 5315 of title 5, 

21 United States Code, for each day (including travel 

22 time) during which the member is engaged in the per23 formance of the duties of the Commission or Task 

24 Force. All members of the Commission or Task Force 

25 who are officers or employees of the United States 


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1 shall serve without compensation in addition to that 

2 received for their services as officers or employees of 

3 the United States. 

4 (2) TRAVEL EXPENSES.—The members of the 

5 Commission or Task Force shall be allowed travel ex6 penses, including per diem in lieu of subsistence, at 

7 rates authorized for employees of agencies under sub8 chapter I of chapter 57 of title 5, United States Code, 

9 while away from their homes or regular places of 

10 business in the performance of service of the Commis11 sion or Task Force. 

12 (3) STAFF.— 

13 (A) APPOINTMENT.—The chairman of the 

14 Commission or Task Force may, without regard 

15 to the civil service laws and regulations, appoint 

16 an executive director and such other personnel as 

17 may be necessary to enable the Commission or 

18 Task Force to perform its duties. The appoint19 ment of an executive director shall be subject to 

20 the approval of the Commission or Task Force. 

21 (B) COMPENSATION.—The chairman of the 

22 Commission or Task Force may fix the com23 pensation of the executive director and other per24 sonnel without regard to the provisions of chap25 ter 51 and subchapter III of chapter 53 of title 


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1 5, United States Code, relating to classification 

2 of positions and General Schedule pay rates, ex3 cept that the rate of pay for the executive direc4 tor and other personnel may not exceed the rate 

5 payable for level V of the Executive Schedule 

6 under section 5316 of such title. 

7 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

8 Upon request of the chairman of the Commission or 

9 Task Force, the head of any department or agency of 

10 the Federal Government may detail, on a nonreim11 bursable basis, any personnel of that department or 

12 agency to the Commission or Task Force to assist it 

13 in carrying out its duties. 

14 (5) PROCUREMENT OF TEMPORARY AND INTER15 MITTENT SERVICES.—The chairman of the Commis16 sion or Task Force may procure temporary and inter17 mittent services under section 3109(b) of title 5, 

18 United States Code, at rates for individuals which do 

19 not exceed the daily equivalent of the annual rate of 

20 basic pay prescribed for level V of the Executive 

21 Schedule under section 5316 of such title. 

22 (h) TERMINATION OF COMMISSION OR TASK FORCE.— 

23 The Commission or Task Force shall terminate 60 days 

24 after the date on which the Commission or Task Force sub25 mits the final comprehensive report under subsection (c)(3). 


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1 (i) FUNDING.— 

2 (1) IN GENERAL.—The Secretary shall, upon the 

3 request of the chairman of the Commission or Task 

4 Force, make available to the Commission or Task 

5 Force such amounts as the Commission or Task Force 

6 may require to carry out the duties of the Commis7 sion or Task Force under this section. 

8 (2) AVAILABILITY.—Any sums made available to 

9 the Commission or Task Force shall remain available, 

10 without fiscal year limitation, until the termination 

11 of the Commission or Task Force. 

12 (j) DEFINITIONS.—In this section: 

13 (1) The term ‘‘appeals process’’ means the proc14 ess to appeal the determination by the Secretary of a 

15 claim beginning with the notice of disagreement filed 

16 pursuant to section 7105 of title 38, United States 

17 Code, and ending with the review of a decision by the 

18 Supreme Court pursuant to section 7292(c) of such 

19 title. 

20 (2) The term ‘‘Board’’ means the Board of Vet21 erans’ Appeals. 

22 (3) The term ‘‘strategic plan’’ means the Stra23 tegic Plan to Eliminate the Compensation Claims 

24 Backlog, published by the Secretary of Veterans Af25 fairs on January 25, 2013. 


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1 SEC. 102. SUPPLEMENTAL REPORTS TO THE STRATEGIC 

2 PLAN TO ELIMINATE THE COMPENSATION 

3 CLAIMS BACKLOG. 

4 Not later than 60 days after the date of the enactment 

5 of this Act, and every 120 days thereafter until Memorial 

6 Day (May 25), 2015, the Secretary of Veterans Affairs shall 

7 submit to Congress a supplemental report on the implemen8 tation by the Department of Veterans Affairs of the Stra9 tegic Plan to Eliminate the Compensation Claims Backlog. 

10 Each such report shall include— 

11 (1) verification that during the period covered by 

12 the report, each claim was approved or denied by not 

13 later than 125 days after the date on which the claim 

14 is submitted with an accuracy rate of 98 percent, as 

15 specified in the Strategic Plan; 

16 (2) a description of the specific measures, proce17 dures, and metrics used to assess the implementation 

18 of the Strategic Plan for purposes of the supplemental 

19 report; and 

20 (3) a detailed timeline for the implementation of 

21 each initiative contained in the Strategic Plan. 

22 SEC. 103. EXPEDITION OF TRANSFER OF CERTAIN 

23 RECORDS. 

24 (a) SSA RECORDS.—Not later than 60 days after the 

25 date of the enactment of this Act, the Secretary of Veterans 

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1 sioner of the Social Security Administration to ensure that 

2 the Commissioner transfers to the Secretary disability or 

3 medical records of the Commissioner that the Secretary will 

4 use to evaluate a claim by not later than 30 days after the 

5 Secretary requests such records. 

6 (b) DOD RECORDS.—Not later than 60 days after the 

7 date of the enactment of this Act, the Secretary of Veterans 

8 Affairs shall enter into an agreement with the Secretary 

9 of Defense to ensure that the Secretary of Defense transfers 

10 to the Secretary of Veterans Affairs medical records of mem11 bers or former members of the Armed Forces that the Sec12 retary will use to evaluate a claim by not later than 30 

13 days after the Secretary requests such records. 

14 (c) NATIONAL GUARD RECORDS.—Not later than 60 

15 days after the date of the enactment of this Act, the Sec16 retary of Veterans Affairs and the Secretary of Defense shall 

17 jointly— 

18 (1) submit to Congress a plan to reduce to 30 

19 days the amount of time needed to provide members 

20 of the National Guard and the Secretary of Veterans 

21 Affairs with the medical records of such members, in22 cluding by partnering with appropriate officials of 

23 Federal or State departments or agencies; and 

24 (2) implement such plan. 


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1 (d) EFFECTIVE DATE.—This section shall take effect 

2 on the date that is one year after the date of the enactment 

3 of this Act. 

4 SEC. 104. CLAIMS PROCESSORS TRAINING. 

5 (a) ESTABLISHMENT.—The Secretary of Veterans Af6 fairs shall establish a training program to provide newly 

7 hired claims processors of the Department of Veterans Af8 fairs with training for a period of not less than two years. 

9 In carrying out such program, the Secretary shall identify 

10 successful claims processors of the Department who can as11 sist in the training of newly hired claims processors. 

12 (b) ABILITY TO PROCESS CLAIMS.—The Secretary 

13 shall carry out the training program established under sub14 section (a) without increasing the amount of time in which 

15 claims are processed by the Department. 

16 (c) EFFECTIVE DATE.—This section shall take effect 

17 on the date that is one year after the date of the enactment 

18 of this Act. 

19 SEC. 105. REPORT BY COMPTROLLER GENERAL OF THE 

20 UNITED STATES. 

21 Not later than one year after the date of the enactment 

22 of this Act, the Comptroller General of the United States 

23 shall submit to Congress a report on the progress of the Sec24 retary of Veterans Affairs in improving the timeliness of 

25 claims processing and eliminating the backlog of claims. 


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1 The report shall include any recommendations of the Comp2 troller General with respect to improving the ability of the 

3 Secretary to make such progress. 

4 SEC. 106. PRIORITY FOR PROCESSING CLAIMS OF THE DE5 PARTMENT OF VETERANS AFFAIRS. 

6 (a) IN GENERAL.—Subchapter I of chapter 51 of title 

7 38, United States Code, is amended by adding at the end 

8 the following new section: 

9 ‘‘§ 5109C. Priority for processing claims 

10 ‘‘(a) PRIORITY.—In processing claims for compensa11 tion under this chapter, the Secretary shall provide the fol12 lowing claimants with priority over other claimants: 

13 ‘‘(1) Veterans who have attained the age of 70. 

14 ‘‘(2) Veterans who are terminally ill. 

15 ‘‘(3) Veterans with life-threatening illnesses. 

16 ‘‘(4) Homeless veterans (as defined in section 

17 2002 of this title). 

18 ‘‘(5) Veterans who were awarded the Medal of 

19 Honor. 

20 ‘‘(6) Veterans who are former prisoners of war. 

21 ‘‘(7) Veterans whose claims are being reviewed 

22 again in relation to a previously denied claim relat23 ing to military sexual trauma. 


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1 ‘‘(8) Veterans whom the Secretary determines, on 

2 a case-by-case basis, are seriously or very seriously 

3 injured. 

4 ‘‘(9) Veterans whom the Secretary determines, on 

5 a case-by-case basis, should be given priority under 

6 this section based on an application for good cause es7 tablished by the Secretary. 

8 ‘‘(b) REGULATIONS.—The Secretary shall prescribe 

9 regulations to carry out subsection (a).’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of such chapter is amended by inserting after 

12 the item relating to section 5109B the following new item: 

‘‘5109C. Priority for processing claims.’’. 

13 SEC. 107. PUBLIC AVAILABILITY OF CERTAIN INFORMATION 

14 ABOUT PENDING AND COMPLETED CLAIMS 

15 FOR COMPENSATION UNDER THE LAWS AD16 MINISTERED BY THE SECRETARY OF VET17 ERANS AFFAIRS. 

18 (a) IN GENERAL.—Subchapter I of chapter 51 of title 

19 38, United States Code, is amended by adding after section 

20 5109C, as added by section 106, the following new section: 

21 ‘‘§ 5109D. Information about pending and completed 

22 claims 

23 ‘‘(a) AVAILABILITY OF INFORMATION.—The Secretary 

24 shall maintain on the Internet website of the Department 

25 publicly accessible information about pending and comVerDate Mar 15 2010 21:11 Sep 27, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189

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1 pleted claims for compensation under chapter 11 of this 

2 title. Such information shall include each of the following: 

3 ‘‘(1) For each regional office and for the Depart4 ment as a whole— 

5 ‘‘(A) the average number of days between 

6 the date of the submittal of a claim and the date 

7 of the decision with respect to the claim for each 

8 of the preceding three-month and one-year pe9 riod; 

10 ‘‘(B) the average number of days such a 

11 claim is pending during the preceding three12 month and one-year periods; 

13 ‘‘(C) the quality and accuracy rating of the 

14 claims adjudication process during the preceding 

15 three-month and one-year periods; 

16 ‘‘(D) the number of claims pending; 

17 ‘‘(E) the number of pending claims that 

18 have been pending for more than 125 days; and 

19 ‘‘(F) the number of claims completed dur20 ing— 

21 ‘‘(i) the current month, to date; 

22 ‘‘(ii) the month preceding the current 

23 month; 

24 ‘‘(iii) the current calendar year, to 

25 date; and 


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1 ‘‘(iv) the calendar year preceding the 

2 current calendar year. 

3 ‘‘(2) For each medical condition for which a 

4 claim for compensation is submitted, for each regional 

5 office and for the Department as a whole— 

6 ‘‘(A) the average number of days between 

7 the date of the submittal of a claim relating to 

8 such medical condition and the date of the deci9 sion with respect to the claim for each of the pre10 ceding three-month and one-year period; 

11 ‘‘(B) the average number of days such a 

12 claim is pending during the preceding three13 month and one-year periods; 

14 ‘‘(C) the quality and accuracy rating of the 

15 claims adjudication process as applied to claims 

16 relating to such medical condition during the 

17 preceding three-month and one-year periods; 

18 ‘‘(D) the number of pending claims relating 

19 to such condition; 

20 ‘‘(E) the number of such pending claims 

21 that have been pending for more than 125 days; 

22 and 

23 ‘‘(F) the number of claims relating to such 

24 medical condition completed during— 

25 ‘‘(i) the current month, to date; 


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1 ‘‘(ii) the month preceding current 

2 month; 

3 ‘‘(iii) the current calendar year, to 

4 date; and 

5 ‘‘(iv) the calendar year preceding the 

6 current calendar year. 

7 ‘‘(b) UPDATES.—The Secretary shall update the infor8 mation on the website under subsection (a) not less fre9 quently than once every seven days.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of such chapter is amended by adding after 

12 the item relating to section 5109C, as added by section 106, 

13 the following new item: 

‘‘5109D. Information about pending and completed claims.’’. 

14 SEC. 108. ANNUAL REPORT ON PROCESSING OF CLAIMS. 

15 (a) IN GENERAL.—Subchapter I of chapter 51 of title 

16 38, United States Code, is amended by adding after section 

17 5109D, as added by section 107, the following new section: 

18 ‘‘§ 5109E. Annual report on processing of claims 

19 ‘‘(a) ANNUAL REPORT.—The Secretary shall include 

20 in the annual report to Congress required under section 529 

21 of this title information on the following: 

22 ‘‘(1) The automatic processing of claims for com23 pensation. 

24 ‘‘(2) The performance of any regional office that 

25 fails to meet the administrative goals of the regional 


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1 office with respect to timeliness and accuracy in proc2 essing claims for compensation. 

3 ‘‘(3) The timeliness of receiving information pur4 suant to a request by the Secretary to the head of an5 other department or agency of the United States for 

6 information required by the Secretary in adjudi7 cating a claim for compensation under chapter 11 of 

8 this title. 

9 ‘‘(b) MATTERS INCLUDED.—In carrying out subsection 

10 (a) to include information in the report required under sec11 tion 529 of this title, the Secretary shall include the fol12 lowing: 

13 ‘‘(1) With respect to the information required by 

14 subsection (a)(1)— 

15 ‘‘(A) each medical condition for which 

16 claims relating to such condition were processed 

17 in an electronic automated fashion during the 

18 fiscal year covered by the report; 

19 ‘‘(B) the feasibility of processing any addi20 tional medical conditions in an electronic auto21 mated fashion and any barriers to such proc22 essing, including any such barriers relating to 

23 the schedule for rating disabilities under section 

24 1155 of this title; 


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1 ‘‘(C) the number of claims for compensation 

2 relating to each medical condition submitted 

3 during such fiscal year; and 

4 ‘‘(D) for each medical condition, the per5 centage of claims denied and the percentage of 

6 claims approved during such fiscal year. 

7 ‘‘(2) With respect to the information required by 

8 subsection (a)(2), in the case of any regional office 

9 that, for the fiscal year covered by the report, did not 

10 meet the administrative goal of having no claim 

11 pending for more than 125 days and achieving an ac12 curacy rating of 98 percent— 

13 ‘‘(A) a signed statement prepared by the in14 dividual serving as director of the regional office 

15 as of the date of the submittal of the report con16 taining— 

17 ‘‘(i) an explanation for why the re18 gional office did not meet the goal; 

19 ‘‘(ii) a description of the additional re20 sources needed to enable the regional office 

21 to reach the goal; and 

22 ‘‘(iii) a description of any additional 

23 actions planned for the subsequent fiscal 

24 year that are proposed to enable the re25 gional office to meet the goal; and 


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1 ‘‘(B) a statement prepared by the Under 

2 Secretary for Benefits explaining how the failure 

3 of the regional office to meet the goal affected the 

4 performance evaluation of the director of the re5 gional office. 

6 ‘‘(3) With respect to the information required by 

7 subsection (a)(3)— 

8 ‘‘(A) the number of requests described in 

9 such paragraph made during the fiscal year cov10 ered by the report; and 

11 ‘‘(B) the average response time for such re12 quests made during each month of such fiscal 

13 year, as determined based on the period begin14 ning on the date on which the Secretary made 

15 the request and ending on the date on which the 

16 Secretary determines that the request is com17 pleted.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections at 

19 the beginning of such chapter is amended by adding after 

20 the item relating to section 5109D, as added by section 107, 

21 the following new item: 

‘‘5109E. Annual report on processing of claims.’’. 

22 (c) EFFECTIVE DATE.—Section 5109E of title 38, 

23 United States Code, as added by subsection (a) shall take 

24 effect on the date that is one year after the date of the enact25 ment of this Act. 


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1 SEC. 109. DEPARTMENT OF VETERANS AFFAIRS NOTICE OF 

2 AVERAGE TIMES FOR PROCESSING CLAIMS 

3 AND PERCENTAGE OF CLAIMS APPROVED. 

4 (a) PUBLIC NOTICE.—The Secretary of Veterans Af5 fairs shall post the information described in subsection 

6 (c)— 

7 (1) in a conspicuous place in each regional office 

8 and claims intake facilities of the Department of Vet9 erans Affairs; and 

10 (2) on the Internet website of the Department. 

11 (b) NOTICE TO APPLICANTS.— 

12 (1) IN GENERAL.—The Secretary shall provide to 

13 each person who submits a claim for benefits under 

14 the laws administered by the Secretary before the per15 son submits such claim— 

16 (A) notice of the information described in 

17 subsection (c); and 

18 (B) notice that, during the period ending on 

19 August 6, 2015, the person is eligible to receive 

20 up to an extra year of benefits payments if the 

21 person files an original claim that is fully devel22 oped. 

23 (2) ACKNOWLEDGMENT OF RECEIPT OF NO24 TICE.—Each person who submits a claim for benefits 

25 under the laws administered by the Secretary shall 

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1 edging that the person received the information de2 scribed in subsection (c). 

3 (c) INFORMATION DESCRIBED.— 

4 (1) IN GENERAL.—The information described in 

5 this subsection is the following: 

6 (A) The average processing time of the 

7 claims described in paragraph (2) and the per8 centage of such submitted claims for which bene9 fits are awarded. 

10 (B) The percentage of each of the following 

11 types of submitted claims for benefits under the 

12 laws administered by the Secretary of Veterans 

13 Affairs for which benefits are awarded: 

14 (i) Claims filed by veterans who au15 thorized a veterans service organization to 

16 act on the veterans’ behalf under a durable 

17 power of attorney. 

18 (ii) Claims filed by veterans who au19 thorized a person other than a veterans 

20 service organization to act on the veterans’ 

21 behalf under a durable power of attorney. 

22 (iii) Claims filed by veterans who did 

23 not authorize a person to act on the vet24 erans’ behalf under a durable power of at25 torney. 


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1 (2) CLAIMS DESCRIBED.—The claims described 

2 in this paragraph are each of the following types of 

3 claims for benefits under the laws administered by the 

4 Secretary of Veterans Affairs: 

5 (A) A fully developed claim that is sub6 mitted in standard electronic form. 

7 (B) A fully developed claim that is sub8 mitted in standard paper form. 

9 (C) A claim that is not fully developed that 

10 is submitted in standard electronic form. 

11 (D) A claim that is not fully developed that 

12 is submitted in standard paper form. 

13 (E) A claim that is not fully developed that 

14 is submitted in nonstandard paper form. 

15 (3) UPDATE OF INFORMATION.—The information 

16 described in this subsection shall be updated not less 

17 frequently than once each fiscal quarter. 

18 (d) EFFECTIVE DATE.—This section shall take effect 

19 on the date that is one year after the date of the enactment 

20 of this Act. 

21 SEC. 110. CLAIM DEFINED. 

22 Except as otherwise provided, in this title, the term 

23 ‘‘claim’’ means a claim for disability compensation under 

24 the laws administered by the Secretary of Veterans Affairs. 


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1 TITLE II—COMPENSATION AND 

2 PENSIONS 

3 SEC. 201. IMPROVEMENTS TO AUTHORITY FOR PERFORM4 ANCE OF MEDICAL DISABILITIES EXAMINA5 TIONS BY CONTRACT PHYSICIANS. 

6 (a) EXTENSION OF TEMPORARY AUTHORITY.—Sub7 section (c) of section 704 of the Veterans Benefits Act of 

8 2003 (38 U.S.C. 5101 note) is amended by striking ‘‘Decem9 ber 31, 2013’’ and inserting ‘‘December 31, 2016’’. 

10 (b) LICENSURE OF CONTRACT PHYSICIANS.— 

11 (1) TEMPORARY AUTHORITY.—Such section 704 

12 is further amended— 

13 (A) by redesignating subsection (d) as sub14 section (e); and 

15 (B) by inserting after subsection (c) the fol16 lowing new subsection (d): 

17 ‘‘(d) LICENSURE OF CONTRACT PHYSICIANS.— 

18 ‘‘(1) IN GENERAL.—Notwithstanding any law re19 garding the licensure of physicians, a physician de20 scribed in paragraph (2) may conduct an examina21 tion pursuant to a contract entered into under sub22 section (b) at any location in any State, the District 

23 of Columbia, or a Commonwealth, territory, or posses24 sion of the United States, so long as the examination 


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1 is within the scope of the authorized duties under 

2 such contract. 

3 ‘‘(2) PHYSICIAN DESCRIBED.—A physician de4 scribed in this paragraph is a physician who— 

5 ‘‘(A) has a current license to practice the 

6 health care profession of the physician; and 

7 ‘‘(B) is performing authorized duties for the 

8 Department of Veterans Affairs pursuant to a 

9 contract entered into under subsection (b).’’. 

10 (2) PILOT PROGRAM.—Section 504 of the Vet11 erans’ Benefits Improvement Act of 1996 (38 U.S.C. 

12 5101 note) is amended— 

13 (A) by redesignating subsections (c) and (d) 

14 as subsections (d) and (e), respectively; and 

15 (B) by inserting after subsection (b) the fol16 lowing new subsection (c): 

17 ‘‘(c) LICENSURE OF CONTRACT PHYSICIANS.— 

18 ‘‘(1) IN GENERAL.—Notwithstanding any law re19 garding the licensure of physicians, a physician de20 scribed in paragraph (2) may conduct an examina21 tion pursuant to a contract entered into under sub22 section (a) at any location in any State, the District 

23 of Columbia, or a Commonwealth, territory, or posses24 sion of the United States, so long as the examination 


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1 is within the scope of the authorized duties under 

2 such contract. 

3 ‘‘(2) PHYSICIAN DESCRIBED.—A physician de4 scribed in this paragraph is a physician who— 

5 ‘‘(A) has a current license to practice the 

6 health care profession of the physician; and 

7 ‘‘(B) is performing authorized duties for the 

8 Department of Veterans Affairs pursuant to a 

9 contract entered into under subsection (a).’’. 

10 (c) EXPANSION OF PILOT PROGRAM.—Subsection (b) 

11 of such section 504 is amended to read as follows: 

12 ‘‘(b) LOCATIONS.— 

13 ‘‘(1) NUMBER.—The Secretary may carry out 

14 the pilot program under this section through not more 

15 than 15 regional offices of the Department of Veterans 

16 Affairs. 

17 ‘‘(2) SELECTION.—The Secretary shall select the 

18 regional offices under paragraph (1) by analyzing ap19 propriate data to determine the regional offices that 

20 require support. Such appropriate data shall in21 clude— 

22 ‘‘(A) the number of backlogged claims; 

23 ‘‘(B) the total pending case workload; 

24 ‘‘(C) the length of time cases have been 

25 pending; 


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1 ‘‘(D) the accuracy of completed cases; 

2 ‘‘(E) the overall timeliness of completed 

3 cases; 

4 ‘‘(F) the availability and workload of the 

5 examination units and physicians of the medical 

6 centers in the regional office; and 

7 ‘‘(G) any other data the Secretary deter8 mines appropriate. 

9 ‘‘(3) ANNUAL ANALYSIS.—The Secretary shall 

10 carry out the data analysis of the regional offices 

11 under paragraph (2) during each year in which the 

12 program under this section is carried out to deter13 mine the regional offices selected under paragraph (1) 

14 for such year.’’. 

15 (d) EFFECTIVE DATE.—This section and the amend16 ment made by this section shall take effect on the date that 

17 is one year after the date of the enactment of this Act. 

18 SEC. 202. CONSIDERATION BY SECRETARY OF VETERANS 

19 AFFAIRS OF RESOURCES DISPOSED OF FOR 

20 LESS THAN FAIR MARKET VALUE BY INDIVID21 UALS APPLYING FOR PENSION. 

22 (a) VETERANS.—Section 1522 of title 38, United 

23 States Code, is amended— 

24 (1) in subsection (a)— 


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1 (A) by inserting ‘‘(1)’’ before ‘‘The Sec2 retary’’; and 

3 (B) by adding at the end the following new 

4 paragraph: 

5 ‘‘(2)(A) If a veteran otherwise eligible for payment of 

6 pension under section 1513 or 1521 of this title or the 

7 spouse of such veteran disposes of covered resources for less 

8 than fair market value on or after the look-back date de9 scribed in subparagraph (C)(i), the Secretary shall deny or 

10 discontinue the payment of pension to such veteran under 

11 section 1513 or 1521 of this title, as the case may be, for 

12 months during the period beginning on the date described 

13 in subparagraph (D) and equal to the number of months 

14 calculated as provided in subparagraph (E). 

15 ‘‘(B)(i) For purposes of this paragraph, a covered re16 source is any resource that was a part of the corpus of the 

17 estate of the veteran or, if the veteran has a spouse, the cor18 pus of the estates of the veteran and of the veteran’s spouse, 

19 that the Secretary considers that under all the cir20 cumstances, if the veteran or spouse had not disposed of 

21 such resource, it would be reasonable that the resource (or 

22 some portion of the resource) be consumed for the veteran’s 

23 maintenance. 

24 ‘‘(ii) For purposes of this paragraph, the Secretary 

25 may consider, in accordance with regulations the Secretary 


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1 shall prescribe, a transfer of an asset (including a transfer 

2 of an asset to an annuity, trust, or other financial instru3 ment or investment) a disposal of a covered resource for 

4 less than fair market value if such transfer reduces the 

5 amount in the corpus of the estate of the veteran or, if the 

6 veteran has a spouse, the corpus of the estates of the veteran 

7 and of the veteran’s spouse, that the Secretary considers, 

8 under all the circumstances, would be reasonable to be con9 sumed for the veteran’s maintenance. 

10 ‘‘(C)(i) The look-back date described in this clause is 

11 a date that is 36 months before the date described in clause 

12 (ii). 

13 ‘‘(ii) The date described in this clause is the date on 

14 which the veteran applies for pension under section 1513 

15 or 1521 of this title or, if later, the date on which the vet16 eran (or the spouse of the veteran) disposes of covered re17 sources for less than fair market value. 

18 ‘‘(D) The date described in this subparagraph is the 

19 first day of the first month in or after which covered re20 sources were disposed of for less than fair market value and 

21 which does not occur in any other period of ineligibility 

22 under this paragraph. 

23 ‘‘(E) The number of months calculated under this sub24 paragraph shall be equal to— 


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1 ‘‘(i) the total, cumulative uncompensated value 

2 of the portion of covered resources so disposed of by 

3 the veteran (or the spouse of the veteran) on or after 

4 the look-back date described in subparagraph (C)(i) 

5 that the Secretary determines would reasonably have 

6 been consumed for the veteran’s maintenance; divided 

7 by 

8 ‘‘(ii) the maximum amount of monthly pension 

9 that is payable to a veteran under section 1513 or 

10 1521 of this title, including the maximum amount of 

11 increased pension payable under such sections on ac12 count of family members, but not including any 

13 amount of pension payable under such sections be14 cause a veteran is in need of regular aid and attend15 ance or is permanently housebound, 

16 rounded, in the case of any fraction, to the nearest whole 

17 number, but shall not in any case exceed 36 months.’’; 

18 (2) in subsection (b)— 

19 (A) by inserting ‘‘(1)’’ before ‘‘The Sec20 retary’’; and 

21 (B) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2)(A) If a veteran otherwise eligible for payment of 

24 increased pension under subsection (c), (d), (e), or (f) of 

25 section 1521 of this title on account of a child, the spouse 


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1 of the veteran, or the child disposes of covered resources for 

2 less than fair market value on or after the look-back date 

3 described in subparagraph (C)(i), the Secretary shall deny 

4 or discontinue payment of such increased pension for 

5 months during the period beginning on the date described 

6 in subparagraph (D) and equal to the number of months 

7 calculated as provided in subparagraph (E). 

8 ‘‘(B)(i) For purposes of this paragraph, a covered re9 source is any resource that was a part of the corpus of the 

10 estate of the child that the Secretary considers that under 

11 all the circumstances, if the veteran, the spouse of the vet12 eran, or the child had not disposed of such resource, it would 

13 be reasonable that the resource (or some portion of the re14 source) be consumed for the child’s maintenance. 

15 ‘‘(ii) For purposes of this paragraph, the Secretary 

16 may consider, in accordance with regulations the Secretary 

17 shall prescribe, a transfer of an asset (including a transfer 

18 of an asset to an annuity, trust, or other financial instru19 ment or investment) a disposal of a covered resource for 

20 less than fair market value if such transfer reduces the 

21 amount in the corpus of the estate of the child that the Sec22 retary considers, under all the circumstances, would be rea23 sonable to be consumed for the child’s maintenance. 


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1 ‘‘(C)(i) The look-back date described in this clause is 

2 a date that is 36 months before the date described in clause 

3 (ii). 

4 ‘‘(ii) The date described in this clause is the date on 

5 which the veteran applies for payment of increased pension 

6 under subsection (c), (d), (e), or (f) of section 1521 of this 

7 title on account of a child or, if later, the date on which 

8 the veteran, the spouse of the veteran, or the child disposes 

9 of covered resources for less than fair market value. 

10 ‘‘(D) The date described in this subparagraph is the 

11 first day of the first month in or after which covered re12 sources were disposed of for less than fair market value and 

13 which does not occur in any other period of ineligibility 

14 under this paragraph. 

15 ‘‘(E) The number of months calculated under this sub16 paragraph shall be equal to— 

17 ‘‘(i) the total, cumulative uncompensated value 

18 of the portion of covered resources so disposed of by 

19 the veteran, the spouse of the veteran, or the child on 

20 or after the look-back date described in subparagraph 

21 (C)(i) that the Secretary determines would reasonably 

22 have been consumed for the child’s maintenance; di23 vided by 

24 ‘‘(ii) the maximum amount of increased monthly 

25 pension that is payable to a veteran under subsection 


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1 (c), (d), (e), or (f) of section 1521 of this title on ac2 count of a child, 

3 rounded, in the case of any fraction, to the nearest whole 

4 number, but shall not in any case exceed 36 months.’’; and 

5 (3) by adding at the end the following new sub6 sections: 

7 ‘‘(c)(1) The Secretary shall not deny or discontinue 

8 payment of pension under section 1513 or 1521 of this title 

9 or payment of increased pension under subsection (c), (d), 

10 (e), or (f) of section 1521 of this title on account of a child 

11 by reason of the application of subsection (a)(2) or (b)(2) 

12 of this section to the disposal of resources by an individual 

13 to the extent that— 

14 ‘‘(A) a satisfactory showing is made to the Sec15 retary (in accordance with regulations promulgated 

16 by the Secretary) that all resources disposed of for less 

17 than fair market value have been returned to the indi18 vidual who disposed of the resources; or 

19 ‘‘(B) the Secretary determines, under procedures 

20 established by the Secretary, that the denial or dis21 continuance of payment would work an undue hard22 ship as determined on the basis of criteria established 

23 by the Secretary. 

24 ‘‘(2) At the time a veteran applies for pension under 

25 section 1513 or 1521 of this title or increased pension under 


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1 subsection (c), (d), (e), or (f) of section 1521 of this title 

2 on account of a child, and at such other times as the Sec3 retary considers appropriate, the Secretary shall— 

4 ‘‘(A) inform such veteran of the provisions of 

5 subsections (a)(2) and (b)(2) providing for a period 

6 of ineligibility for payment of pension under such sec7 tions for individuals who make certain dispositions of 

8 resources for less than fair market value; and 

9 ‘‘(B) obtain from such veteran information 

10 which may be used in determining whether or not a 

11 period of ineligibility for such payments would be re12 quired by reason of such subsections. 

13 ‘‘(d) Subsections (a)(2) and (b)(2) shall not apply with 

14 respect to the disposal of resources or the transfer of an asset 

15 if such disposal or transfer is to a trust described in section 

16 1917(d)(4) of the Social Security Act (42 U.S.C. 

17 1396p(d)(4)) that is established for the benefit of a child 

18 of the veteran.’’. 

19 (b) SURVIVING SPOUSES AND CHILDREN.—Section 

20 1543 of such title is amended— 

21 (1) in subsection (a)— 

22 (A) by redesignating paragraph (2) as 

23 paragraph (3); 

24 (B) by inserting after paragraph (1) the fol25 lowing new paragraph (2): 


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1 ‘‘(2)(A) If a surviving spouse otherwise eligible for 

2 payment of pension under section 1541 of this title disposes 

3 of covered resources for less than fair market value on or 

4 after the look-back date described in subparagraph (C)(i), 

5 the Secretary shall deny or discontinue the payment of pen6 sion to such surviving spouse under section 1541 of this 

7 title for months during the period beginning on the date 

8 described in subparagraph (D) and equal to the number of 

9 months calculated as provided in subparagraph (E). 

10 ‘‘(B)(i) For purposes of this paragraph, a covered re11 source is any resource that was a part of the corpus of the 

12 estate of the surviving spouse that the Secretary considers 

13 that under all the circumstances, if the surviving spouse 

14 had not disposed of such resource, it would be reasonable 

15 that the resource (or some portion of the resource) be con16 sumed for the surviving spouse’s maintenance. 

17 ‘‘(ii) For purposes of this paragraph, the Secretary 

18 may consider, in accordance with regulations the Secretary 

19 shall prescribe, a transfer of an asset (including a transfer 

20 of an asset to an annuity, trust, or other financial instru21 ment or investment) a disposal of a covered resource for 

22 less than fair market value if such transfer reduces the 

23 amount in the corpus of the estate of the surviving spouse 

24 that the Secretary considers, under all the circumstances, 


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1 would be reasonable to be consumed for the surviving 

2 spouse’s maintenance. 

3 ‘‘(C)(i) The look-back date described in this clause is 

4 a date that is 36 months before the date described in clause 

5 (ii). 

6 ‘‘(ii) The date described in this clause is the date on 

7 which the surviving spouse applies for pension under sec8 tion 1541 of this title or, if later, the date on which the 

9 surviving spouse disposes of covered resources for less than 

10 fair market value. 

11 ‘‘(D) The date described in this subparagraph is the 

12 first day of the first month in or after which covered re13 sources were disposed of for less than fair market value and 

14 which does not occur in any other period of ineligibility 

15 under this paragraph. 

16 ‘‘(E) The number of months calculated under this sub17 paragraph shall be equal to— 

18 ‘‘(i) the total, cumulative uncompensated value 

19 of the portion of covered resources so disposed of by 

20 the surviving spouse on or after the look-back date de21 scribed in subparagraph (C)(i) that the Secretary de22 termines would reasonably have been consumed for 

23 the surviving spouse’s maintenance; divided by 

24 ‘‘(ii) the maximum amount of monthly pension 

25 that is payable to a surviving spouse under section 


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1 1541 of this title, including the maximum amount of 

2 increased pension payable under such section on ac3 count of a child, but not including any amount of 

4 pension payable under such section because a sur5 viving spouse is in need of regular aid and attend6 ance or is permanently housebound, 

7 rounded, in the case of any fraction, to the nearest whole 

8 number, but shall not in any case exceed 36 months. 

9 ‘‘(F) In the case of a transfer by the surviving spouse 

10 during the veteran’s lifetime that resulted in a period of 

11 ineligibility for the veteran under section 1522 of this title, 

12 the Secretary shall apply to the surviving spouse any re13 maining ineligibility for that period.’’; and 

14 (C) by adding at the end the following new 

15 paragraph: 

16 ‘‘(4)(A) If a surviving spouse otherwise eligible for 

17 payment of increased pension under subsection (c), (d), or 

18 (e) of section 1541 of this title on account of a child or 

19 the child disposes of covered resources for less than fair mar20 ket value on or after the look-back date described in sub21 paragraph (C)(i), the Secretary shall deny or discontinue 

22 payment of such increased pension for months during the 

23 period beginning on the date described in subparagraph (D) 

24 and equal to the number of months calculated as provided 

25 in subparagraph (E). 


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1 ‘‘(B)(i) For purposes of this paragraph, a covered re2 source is any resource that was a part of the corpus of the 

3 estate of the child that the Secretary considers that under 

4 all the circumstances, if the surviving spouse or the child 

5 had not disposed of such resource, it would be reasonable 

6 that the resource (or some portion of the resource) be con7 sumed for the child’s maintenance. 

8 ‘‘(ii) For purposes of this paragraph, the Secretary 

9 may consider, in accordance with regulations the Secretary 

10 shall prescribe, a transfer of an asset (including a transfer 

11 of an asset to an annuity, trust, or other financial instru12 ment or investment) a disposal of a covered resource for 

13 less than fair market value if such transfer reduces the 

14 amount in the corpus of the estate of the child that the Sec15 retary considers, under all the circumstances, would be rea16 sonable to be consumed for the child’s maintenance. 

17 ‘‘(C)(i) The look-back date described in this clause is 

18 a date that is 36 months before the date described in clause 

19 (ii). 

20 ‘‘(ii) The date described in this clause is the date on 

21 which the surviving spouse applies for payment of increased 

22 pension under subsection (c), (d), or (e) of section 1541 of 

23 this title on account of a child or, if later, the date on which 

24 the surviving spouse (or the child) disposes of covered re25 sources for less than fair market value. 


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1 ‘‘(D) The date described in this subparagraph is the 

2 first day of the first month in or after which covered re3 sources were disposed of for less than fair market value and 

4 which does not occur in any other period of ineligibility 

5 under this paragraph. 

6 ‘‘(E) The number of months calculated under this 

7 clause shall be equal to— 

8 ‘‘(i) the total, cumulative uncompensated value 

9 of the portion of covered resources so disposed of by 

10 surviving spouse (or the child) on or after the look11 back date described in subparagraph (C)(i) that the 

12 Secretary determines would reasonably have been con13 sumed for the child’s maintenance; divided by 

14 ‘‘(ii) the maximum amount of increased monthly 

15 pension that is payable to a surviving spouse under 

16 subsection (c), (d), or (e) of section 1541 of this title 

17 on account of a child, 

18 rounded, in the case of any fraction, to the nearest whole 

19 number, but shall not in any case exceed 36 months.’’; 

20 (2) in subsection (b)— 

21 (A) by inserting ‘‘(1)’’ before ‘‘The Sec22 retary’’; and 

23 (B) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(2)(A) If a child otherwise eligible for payment of 

2 pension under section 1542 of this title or any person with 

3 whom such child is residing who is legally responsible for 

4 such child’s support disposes of covered resources for less 

5 than fair market value on or after the look-back date de6 scribed in subparagraph (C)(i), the Secretary shall deny or 

7 discontinue the payment of pension to such child under sec8 tion 1542 of this title for months during the period begin9 ning on the date described in subparagraph (D) and equal 

10 to the number of months calculated as provided in subpara11 graph (E). 

12 ‘‘(B)(i) For purposes of this paragraph, a covered re13 source is any resource that was a part of the corpus of the 

14 estate of the child or the corpus of the estate of any person 

15 with whom such child is residing who is legally responsible 

16 for such child’s support that the Secretary considers that 

17 under all the circumstances, if the child or person had not 

18 disposed of such resource, it would be reasonable that the 

19 resource (or some portion of the resource) be consumed for 

20 the child’s maintenance. 

21 ‘‘(ii) For purposes of this paragraph, the Secretary 

22 may consider, in accordance with regulations the Secretary 

23 shall prescribe, a transfer of an asset (including a transfer 

24 of an asset to an annuity, trust, or other financial instru25 ment or investment) a disposal of a covered resource for 


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1 less than fair market value if such transfer reduces the 

2 amount in the corpus of the estate described in clause (i) 

3 that the Secretary considers, under all the circumstances, 

4 would be reasonable to be consumed for the child’s mainte5 nance. 

6 ‘‘(C)(i) The look-back date described in this clause is 

7 a date that is 36 months before the date described in clause 

8 (ii). 

9 ‘‘(ii) The date described in this clause is the date on 

10 which the child applies for pension under section 1542 of 

11 this title or, if later, the date on which the child (or person 

12 described in subparagraph (B)) disposes of covered resources 

13 for less than fair market value. 

14 ‘‘(D) The date described in this clause is the first day 

15 of the first month in or after which covered resources were 

16 disposed of for less than fair market value and which does 

17 not occur in any other period of ineligibility under this 

18 paragraph. 

19 ‘‘(E) The number of months calculated under this 

20 clause shall be equal to— 

21 ‘‘(i) the total, cumulative uncompensated value 

22 of the portion of covered resources so disposed of by 

23 the child (or person described in subparagraph (B)) 

24 on or after the look-back date described in subpara25 graph (C)(i) that the Secretary determines would reaVerDate Mar 15 2010 21:11 Sep 27, 2013 Jkt 029200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189

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1 sonably have been consumed for the child’s mainte2 nance; divided by 

3 ‘‘(ii) the maximum amount of monthly pension 

4 that is payable to a child under section 1542 of this 

5 title, 

6 rounded, in the case of any fraction, to the nearest whole 

7 number, but shall not in any case exceed 36 months.’’; and 

8 (3) by adding at the end the following new sub9 sections: 

10 ‘‘(c)(1) The Secretary shall not deny or discontinue 

11 payment of pension under section 1541 or 1542 of this title 

12 or payment of increased pension under subsection (c), (d), 

13 or (e) of section 1541 of this title on account of a child 

14 by reason of the application of subsection (a)(2), (a)(4), or 

15 (b)(2) of this section to the disposal of resources by an indi16 vidual to the extent that— 

17 ‘‘(A) a satisfactory showing is made to the Sec18 retary (in accordance with regulations promulgated 

19 by the Secretary) that all resources disposed of for less 

20 than fair market value have been returned to the indi21 vidual who disposed of the resources; or 

22 ‘‘(B) the Secretary determines, under procedures 

23 established by the Secretary, that the denial or dis24 continuance of payment would work an undue hardVerDate Mar 15 2010 21:11 Sep 27, 2013 Jkt 029200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189

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1 ship as determined on the basis of criteria established 

2 by the Secretary. 

3 ‘‘(2) At the time a surviving spouse or child applies 

4 for pension under section 1541 or 1542 of this title or in5 creased pension under subsection (c), (d), or (e) of section 

6 1541 of this title on account of a child, and at such other 

7 times as the Secretary considers appropriate, the Secretary 

8 shall— 

9 ‘‘(A) inform such surviving spouse or child of the 

10 provisions of subsections (a)(2), (a)(4), and (b)(2), as 

11 applicable, providing for a period of ineligibility for 

12 payment of pension or increased pension under such 

13 sections for individuals who make certain dispositions 

14 of resources for less than fair market value; and 

15 ‘‘(B) obtain from such surviving spouse or child 

16 information which may be used in determining 

17 whether or not a period of ineligibility for such pay18 ments would be required by reason of such sub19 sections. 

20 ‘‘(d) Paragraphs (2) and (4) of subsection (a) and sub21 section (b)(2) shall not apply with respect to the disposal 

22 of resources or the transfer of an asset if such disposal or 

23 transfer is to a trust described in section 1917(d)(4) of the 

24 Social Security Act (42 U.S.C. 1396p(d)(4)) that is estabVerDate Mar 15 2010 21:11 Sep 27, 2013 Jkt 029200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189

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1 lished for the benefit of a child of the veteran or surviving 

2 spouse.’’. 

3 (c) EFFECTIVE DATE.—Subsections (a)(2), (b)(2), and 

4 (c) of section 1522 of title 38, United States Code, as added 

5 by subsection (a), and subsections (a)(2), (a)(4), (b)(2), and 

6 (c) of section 1543 of such title, as added by subsection (b), 

7 shall take effect on the date that is one year after the date 

8 of the enactment of this Act and shall apply with respect 

9 to payments of pension and increased pension applied for 

10 after such date and to payments of pension and increased 

11 pension for which eligibility is redetermined after such date, 

12 except that no reduction in pension shall be made under 

13 such subsections because of any disposal of covered resources 

14 made before such date. 

15 (d) ANNUAL REPORTS.— 

16 (1) IN GENERAL.—Not later than two years after 

17 the date of the enactment of this Act and not less fre18 quently than once each year thereafter through 2018, 

19 the Secretary of Veterans Affairs shall submit to the 

20 appropriate committees of Congress a report on the 

21 administration of subsections (a)(2), (b)(2), and (c) of 

22 section 1522 of title 38, United States Code, as added 

23 by subsection (a), and subsections (a)(2), (a)(4), 

24 (b)(2), and (c) of section 1543 of such title, as added 


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1 by subsection (b), during the most recent 12-month 

2 period. 

3 (2) ELEMENTS.—Each report submitted under 

4 paragraph (1) shall include the following, for the pe5 riod covered by the report: 

6 (A) The number of individuals who applied 

7 for pension under chapter 15 of such title. 

8 (B) The number of individuals who received 

9 pension under such chapter. 

10 (C) The number of individuals with respect 

11 to whom the Secretary denied or discontinued 

12 payment of pension under the subsections re13 ferred to in paragraph (1). 

14 (D) A description of any trends identified 

15 by the Secretary regarding pension payments 

16 that have occurred as a result of the amendments 

17 made by this section. 

18 (E) Such other information as the Secretary 

19 considers appropriate. 

20 (3) APPROPRIATE COMMITTEES OF CONGRESS

21 DEFINED.—In this subsection, the term ‘‘appropriate 

22 committees of Congress’’ means— 

23 (A) the Committee on Veterans’ Affairs and 

24 the Select Committee on Aging of the Senate; 

25 and 


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1 (B) the Committee on Veterans’ Affairs of 

2 the House of Representatives. 

3 SEC. 203. BIFURCATED PAYMENTS OF COMPENSATION BEN4 EFITS UNDER LAWS ADMINISTERED BY THE 

5 SECRETARY OF VETERANS AFFAIRS. 

6 (a) IN GENERAL.—Subchapter III of chapter 51 of 

7 title 38, United States Code, is amended by adding at the 

8 end the following new section: 

9 ‘‘§ 5127. Bifurcated payments of compensation benefits 

10 ‘‘(a) IN GENERAL.—During the eight-year period be11 ginning on the date of the enactment of this section, in the 

12 case of a claim described in subsection (b), prior to adjudi13 cating the claim, the Secretary shall make payments of 

14 monetary benefits to the claimant based on any disability 

15 for which the Secretary has made a decision. Upon the ad16 judication of the claim, the Secretary shall pay to the 

17 claimant any monetary benefits awarded to the claimant 

18 for the period of payment under section 5111 of this title 

19 less the amount of such benefits paid to the claimant under 

20 this section. 

21 ‘‘(b) CLAIM DESCRIBED.—A claim described in this 

22 subsection is a claim for disability compensation under 

23 chapter 11 of this title— 


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1 ‘‘(1) the adjudication of which requires the Sec2 retary to make decisions with respect to two or more 

3 disabilities; and 

4 ‘‘(2) for which, before completing the adjudica5 tion of the claim, the Secretary makes a decision with 

6 respect to a disability that would result in the pay7 ment of monetary benefits to the claimant upon the 

8 adjudication of the claim.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections at 

10 the beginning of such chapter is amended by adding at the 

11 end of the items relating to such subchapter the following 

12 new item: 

‘‘5127. Bifurcated payments of compensation benefits.’’. 

13 (c) EFFECTIVE DATE.—Section 5127 of title 38, 

14 United State Code, as added by subsection (a) shall take 

15 effect on the date that is one year after the date of the enact16 ment of this Act. 

17 SEC. 204. PENSION FOR CERTAIN VETERANS COVERED BY 

18 MEDICAID PLANS FOR SERVICES FURNISHED 

19 BY NURSING FACILITIES. 

20 Section 5503(d)(7) of title 38, United States Code, is 

21 amended by striking ‘‘November 30, 2016’’ and inserting 

22 ‘‘September 30, 2018’’. 


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1 TITLE III—OTHER MATTERS 

2 SEC. 301. REVIEW OF OPERATION OF CERTAIN SHIPS DUR3 ING THE VIETNAM ERA. 

4 (a) REVIEW REQUIRED.—By not later than one year 

5 after the date of the enactment of this Act, the Secretary 

6 of Defense shall review the logs of each ship under the au7 thority of the Secretary of the Navy that is known to have 

8 operated in the waters near Vietnam during the period be9 ginning on January 9, 1962, and ending on May 7, 1975, 

10 to determine— 

11 (1) whether each such ship operated in the terri12 torial waters of the Republic of Vietnam during such 

13 period; and 

14 (2) for each such ship that so operated— 

15 (A) the date or dates when the ship so oper16 ated; and 

17 (B) the distance from the shore of the loca18 tion where the ship operated that was the closest 

19 proximity to shore. 

20 (b) PROVISION OF INFORMATION TO THE SECRETARY

21 OF VETERANS AFFAIRS.—Upon a determination that any 

22 such ship so operated, the Secretary of Defense shall provide 

23 such determination, together with the information described 

24 in subsection (a)(2) about the ship, to the Secretary of Vet25 erans Affairs. 


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1 (c) PUBLIC AVAILABILITY OF INFORMATION.—The Sec2 retary of Veterans Affairs shall make publicly available all 

3 unclassified information provided to the Secretary under 

4 subsection (b). 

5 SEC. 302. METHODS FOR VALIDATING CERTAIN SERVICE 

6 CONSIDERED TO BE ACTIVE SERVICE BY THE 

7 SECRETARY OF VETERANS AFFAIRS. 

8 (a) FINDINGS.—Congress makes the following findings: 

9 (1) The Merchant Marine Act, 1936 established 

10 the United States Maritime Commission, and stated 

11 as a matter of policy that the United States should 

12 have a merchant marine that is ‘‘capable of serving 

13 as a naval and military auxiliary in time of war or 

14 national emergency’’. 

15 (2) The Social Security Act Amendments of 1939 

16 (Public Law 76–379) expanded the definition of em17 ployment to include service ‘‘on or in connection with 

18 an American vessel under contract of service which is 

19 entered into within the United States or during the 

20 performance of which the vessel touches at a port in 

21 the United States, if the employee is employed on and 

22 in connection with such vessel’’. 

23 (3) The Joint Resolution to repeal sections 2, 3, 

24 and 6 of the Neutrality Act of 1939, and for other 

25 purposes (Public Law 77–294; 55 Stat. 764) repealed 


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1 section 6 of the Neutrality Act of 1939 (related to the 

2 arming of United States vessels) and authorized the 

3 President during the national emergency to arm or 

4 permit to arm any United States vessel. 

5 (4) On February 7, 1942, President Franklin D. 

6 Roosevelt, through Executive Order Number 9054, es7 tablished the War Shipping Administration that was 

8 charged with building or purchasing, and operating 

9 the civilian shipping vessels needed for the war effort. 

10 (5) During World War II, United States mer11 chant mariners transported goods and materials 

12 through ‘‘contested waters’’ to the various combat the13 aters. 

14 (6) At the conclusion of World War II, United 

15 States merchant mariners were responsible for trans16 porting several million members of the United States 

17 Armed Forces back to the United States. 

18 (7) The GI Bill Improvement Act of 1977 (Pub19 lic Law 95–202) provided that the Secretary of De20 fense could determine that service for the Armed 

21 Forces by organized groups of civilians, or contrac22 tors, be considered ‘‘active service’’ for benefits admin23 istered by the Veterans Administration. 

24 (8) Department of Defense Directive 1000.20 di25 rected that the determination be made by the SecVerDate Mar 15 2010 21:11 Sep 27, 2013 Jkt 029200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189

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1 retary of the Air Force, and established the Civilian/ 

2 Military Service Review Board and Advisory Panel. 

3 (9) In 1987, three merchant mariners along with 

4 the AFL–CIO sued Edward C. Aldridge, Secretary of 

5 the Air Force, challenging the denial of their applica6 tion for veterans status. In Schumacher v. Aldridge 

7 (665 F. Supp. 41 (D.D.C. 1987)), the Court deter8 mined that Secretary Aldridge had failed to ‘‘articu9 late clear and intelligible criteria for the administra10 tion’’ of the application approval process. 

11 (10) During World War II, women were repeat12 edly denied issuance of official documentation affirm13 ing their merchant marine seaman status by the War 

14 Shipping Administration. 

15 (11) Coast Guard Information Sheet #77 (April 

16 1992) identifies the following acceptable forms of doc17 umentation for eligibility meeting the requirements 

18 set forth in the GI Bill Improvement Act of 1977 

19 (Public Law 95–202) and Veterans Programs En20 hancement Act of 1998 (Public Law 105–368): 

21 (A) Certificate of shipping and discharge 

22 forms. 

23 (B) Continuous discharge books (ship’s deck 

24 or engine logbooks). 


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1 (C) Company letters showing vessel names 

2 and dates of voyages. 

3 (12) Coast Guard Commandant Order of March 

4 20, 1944, relieved masters of tugs, towboats, and sea5 going barges of the responsibility of submitting re6 ports of seamen shipped or discharged on forms, 

7 meaning certificates of shipping and discharge forms 

8 are not available to all eligible individuals seeking to 

9 document their eligibility. 

10 (13) Coast Guard Information Sheet #77 (April 

11 1992) states that ‘‘deck logs were traditionally consid12 ered to be the property of the owners of the ships. 

13 After World War II, however, the deck and engine 

14 logbooks of vessels operated by the War Shipping Ad15 ministration were turned over to that agency by the 

16 ship owners, and were destroyed during the 1970s’’, 

17 meaning that continuous discharge books are not 

18 available to all eligible individuals seeking to docu19 ment their eligibility. 

20 (14) Coast Guard Information Sheet #77 (April, 

21 1992) states ‘‘some World War II period log books do 

22 not name ports visited during the voyage due to war23 time security restrictions’’, meaning that company 

24 letters showing vessel names and dates of voyages are 


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1 not available to all eligible individuals seeking to doc2 ument their eligibility. 

3 (b) METHODS FOR VALIDATING CERTAIN SERVICE

4 CONSIDERED TO BE ACTIVE SERVICE BY THE SECRETARY

5 OF VETERANS AFFAIRS.— 

6 (1) IN GENERAL.—For the purposes of verifying 

7 that an individual performed service under honorable 

8 conditions that satisfies the requirements of a coast9 wise merchant seaman who is recognized pursuant to 

10 section 401 of the GI Bill Improvement Act of 1977 

11 (Public Law 95–202; 38 U.S.C. 106 note) as having 

12 performed active duty service for the purposes de13 scribed in paragraph (3)(A), the Secretary of Home14 land Security shall accept the following: 

15 (A) In the case of an individual who served 

16 on a coastwise merchant vessel seeking such rec17 ognition for whom no applicable Coast Guard 

18 shipping or discharge form, ship logbook, mer19 chant mariner’s document or Z-card, or other of20 ficial employment record is available, the Sec21 retary shall provide such recognition on the basis 

22 of applicable Social Security Administration 

23 records submitted for or by the individual, to24 gether with validated testimony given by the in25 dividual or the primary next of kin of the indiVerDate Mar 15 2010 21:11 Sep 27, 2013 Jkt 029200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 E:\BILLS\H2189.RH H2189

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1 vidual that the individual performed such service 

2 during the period beginning on December 7, 

3 1941, and ending on December 31, 1946. 

4 (B) In the case of an individual who served 

5 on a coastwise merchant vessel seeking such rec6 ognition for whom the applicable Coast Guard 

7 shipping or discharge form, ship logbook, mer8 chant mariner’s document or Z-card, or other of9 ficial employment record has been destroyed or 

10 otherwise become unavailable by reason of any 

11 action committed by a person responsible for the 

12 control and maintenance of such form, logbook, 

13 or record, the Secretary shall accept other official 

14 documentation demonstrating that the indi15 vidual performed such service during period be16 ginning on December 7, 1941, and ending on 

17 December 31, 1946. 

18 (C) For the purpose of determining whether 

19 to recognize service allegedly performed during 

20 the period beginning on December 7, 1941, and 

21 ending on December 31, 1946, the Secretary shall 

22 recognize masters of seagoing vessels or other offi23 cers in command of similarly organized groups 

24 as agents of the United States who were author25 ized to document any individual for purposes of 


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1 hiring the individual to perform service in the 

2 merchant marine or discharging an individual 

3 from such service. 

4 (2) TREATMENT OF OTHER DOCUMENTATION.— 

5 Other documentation accepted by the Secretary of 

6 Homeland Security pursuant to paragraph (1)(B) 

7 shall satisfy all requirements for eligibility of service 

8 during the period beginning on December 7, 1941, 

9 and ending on December 31, 1946. 

10 (3) BENEFITS ALLOWED.— 

11 (A) BURIAL BENEFITS ELIGIBILITY.—Serv12 ice of an individual that is considered active 

13 duty pursuant to paragraph (1) shall be consid14 ered as active duty service with respect to pro15 viding burial benefits under chapters 23 and 24 

16 of title 38, United States Code, to the individual. 

17 (B) MEDALS, RIBBONS, AND DECORA18 TIONS.—An individual whose service is recog19 nized as active duty pursuant to paragraph (1) 

20 may be awarded an appropriate medal, ribbon, 

21 or other military decoration based on such serv22 ice. 

23 (C) STATUS OF VETERAN.—An individual 

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1 eran but shall not be entitled by reason of such 

2 recognized service to any benefit that is not de3 scribed in this subsection. 

4 (4) DETERMINATION OF COASTWISE MERCHANT

5 SEAMAN.—The Secretary of Homeland Security shall 

6 verify that an individual performed service under 

7 honorable conditions that satisfies the requirements of 

8 a coastwise merchant seaman pursuant to this section 

9 without regard to the sex, age, or disability of the in10 dividual during the period in which the individual 

11 served as such a coastwise merchant seaman. 

12 (5) DEFINITION OF PRIMARY NEXT OF KIN.—In 

13 this section, the term ‘‘primary next of kin’’ with re14 spect to an individual seeking recognition for service 

15 under this section means the closest living relative of 

16 the individual who was alive during the period of 

17 such service. 

18 (6) EFFECTIVE DATE.—This section shall take ef19 fect 90 days after the date of the enactment of this 

20 Act. 

21 SEC. 303. DESIGNATION OF AMERICAN WORLD WAR II CIT22 IES. 

23 (a) IN GENERAL.—The Secretary of Veterans Affairs 

24 shall designate at least one city in the United States each 

25 year as an ‘‘American World War II City’’. 


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1 (b) CRITERIA FOR DESIGNATION.—After the designa2 tion made under subsection (c), the Secretary, in consulta3 tion with the Secretary of Defense, shall make each designa4 tion under subsection (a) based on the following criteria: 

5 (1) Contributions by a city to the war effort dur6 ing World War II, including those related to defense 

7 manufacturing, bond drives, service in the Armed 

8 Forces, and the presence of military facilities within 

9 the city. 

10 (2) Efforts by a city to preserve the history of the 

11 city’s contributions during World War II, including 

12 through the establishment of preservation organiza13 tions or museums, restoration of World War II facili14 ties, and recognition of World War II veterans. 

15 (c) FIRST AMERICAN WORLD WAR II CITY.—The city 

16 of Wilmington, North Carolina, is designated as an ‘‘Amer17 ican World War II City’’. 

18 SEC. 304. OBSERVANCE OF VETERANS DAY. 

19 (a) TWO MINUTES OF SILENCE.—Chapter 1 of title 36, 

20 United States Code, is amended by adding at the end the 

21 following new section: 

22 ‘‘§ 145. Veterans Day 

23 ‘‘The President shall issue each year a proclamation 

24 calling on the people of the United States to observe two 

25 minutes of silence on Veterans Day in honor of the service 


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1 and sacrifice of veterans throughout the history of the Na2 tion, beginning at— 

3 ‘‘(1) 3:11 p.m. Atlantic standard time; 

4 ‘‘(2) 2:11 p.m. eastern standard time; 

5 ‘‘(3) 1:11 p.m. central standard time; 

6 ‘‘(4) 12:11 p.m. mountain standard time; 

7 ‘‘(5) 11:11 a.m. Pacific standard time; 

8 ‘‘(6) 10:11 a.m. Alaska standard time; and 

9 ‘‘(7) 9:11 a.m. Hawaii-Aleutian standard time.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections for 

11 chapter 1 of title 36, United States Code, is amended by 

12 adding at the end the following new item: 

‘‘145. Veterans Day.’’. 

Amend the title so as to read: ‘‘A bill to improve the 

processing of disability claims by the Department of Veterans Affairs, and for other purposes.’’. 


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Union Calendar No. 171 

113TH CONGRESS 

1ST SESSION H. R. 2189 

[Report No. 113–236] 

A BILL 

To establish a commission or task force to evaluate 

ment of Veterans Affairs. the backlog of disability claims of the DepartSEPTEMBER 27, 2013 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Mar 15 2010 21:11 Sep 27, 2013 Jkt 029200 PO 00000 Frm 00074 Fmt 6651 Sfmt 6651 E:\BILLS\H2189.RH H2189

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