IIB 

113TH CONGRESS 

1ST SESSION H. R. 2189 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2013 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To improve the processing of disability claims by the 

Department of Veterans Affairs, and for other purposes. 

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


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1 SECTION 1. TABLE OF CONTENTS. 

2 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. 

3 SEC. 2. SCORING OF BUDGETARY EFFECTS. 

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

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

6 shall be determined by reference to the latest statement 

7 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 


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1 Act, submitted for printing in the Congressional Record 

2 by the Chairman of the House Budget Committee, pro3 vided that such statement has been submitted prior to the 

4 vote on passage. 

5 TITLE I—IMPROVEMENT OF 

6 CLAIMS PROCESSING 

7 SEC. 101. EVALUATION OF BACKLOG OF DISABILITY 

8 CLAIMS AND APPEALS OF CLAIMS OF DE9 PARTMENT OF VETERANS AFFAIRS. 

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

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

12 Department of Veterans Affairs and the appeals process 

13 of claims. 

14 (b) STUDIES.— 

15 (1) BACKLOG STUDY.— 

16 (A) IN GENERAL.—The Commission or 

17 Task Force, acting through the subcommittee 

18 described in subsection (d)(2)(A), shall carry 

19 out a study on the backlog of claims, including 

20 the current process the Secretary of Veterans 

21 Affairs uses to evaluate claims and appeals and 

22 the laws and regulations applicable to such 

23 claims and appeals. Such study shall be a com24 prehensive evaluation and assessment of the 

25 backlog of claims, an analysis of possible imVerDate Mar 15 2010 22:32 Oct 29, 2013 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2189.RFS H2189

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1 provements to the procedures used to process 

2 such claims, and any related issues that the 

3 Commission or Task Force considers relevant. 

4 (B) MATTERS INCLUDED.—In carrying out 

5 the study under subparagraph (A), the Com6 mission or Task Force shall examine the fol7 lowing: 

8 (i) The backlog of claims, including 

9 an analysis of— 

10 (I) the most effective means to 

11 quickly and accurately resolve all 

12 claims pending as of the date of the 

13 study; and 

14 (II) with respect to the Depart15 ment, the annual funding, number of 

16 full-time employees, workload manage17 ment practices, and the progress, as 

18 of the date of the study, of the stra19 tegic plan. 

20 (ii) Possible improvements to the 

21 claims process, including an evaluation and 

22 recommendations with respect to whether 

23 substantive and structural changes to the 

24 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 

6 process; 

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 

13 Task Force, acting through the subcommittee 

14 described in subsection (d)(2)(B), shall carry 

15 out a study on the anticipated increase of ap16 peals of claims, including the current appeals 

17 process and the laws and regulations applicable 

18 to such appeals. Such study shall be a com19 prehensive evaluation and assessment of such 

20 anticipated increase of appeals claims, an anal21 ysis of possible improvements to the procedures 

22 used to process such appeals, and any related 

23 issues that the Commission or Task Force con24 siders relevant. 


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1 (B) MATTERS INCLUDED.—In carrying out 

2 the study under subparagraph (A), the Com3 mission or Task Force shall examine the fol4 lowing: 

5 (i) The anticipated surge in appeals of 

6 claims, including an analysis of— 

7 (I) the most effective means to 

8 quickly and accurately resolve pending 

9 appeals and future appeals; 

10 (II) with respect to both the 

11 Board and the Court of Appeals for 

12 Veterans Claims, the annual funding, 

13 number of full-time employees, work14 load management practices, and the 

15 progress, as of the date of the study, 

16 of the strategic plan; and 

17 (III) the efficiency, effectiveness, 

18 and utility of the Veterans Benefits 

19 Management System with respect to 

20 appeals operations, including an iden21 tification of key changes that may 

22 need to be implemented to such sys23 tem. 

24 (ii) Possible improvements to the ap25 peals process, including an evaluation and 


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1 recommendations with respect to whether 

2 substantive and structural changes to the 

3 overall appeals process are required. 

4 (iii) In carrying out the evaluation 

5 and recommendations under clause (ii), an 

6 examination of— 

7 (I) options that make no major 

8 substantive changes to the appeals 

9 process; 

10 (II) options that maintain the 

11 process but make minor changes; 

12 (III) options that make broad 

13 changes to the process; 

14 (IV) the necessity of the multi15 tiered levels of appeals at the regional 

16 office level, including filing a notice of 

17 disagreement, receipt of a statement 

18 of the case, supplemental statement of 

19 the case (if applicable), and sub20 stantive appeal (VA Form 9); 

21 (V) the role of the Board and the 

22 Appeals Management Center, includ23 ing— 


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1 (aa) the effectiveness of the 

2 workload management of the 

3 Board and the Center; 

4 (bb) whether the Board and 

5 Center should be regionalized or 

6 maintain the centralized struc7 ture in the District of Columbia; 

8 (cc) whether Board members 

9 should be required to pass the 

10 administrative law judges certifi11 cation examination; and 

12 (dd) whether the Board 

13 should continue to require de 

14 novo review of appeals; and 

15 (VI) the role of the Court of Ap16 peals for Veterans Claims and the 

17 United States Court of Appeals for 

18 the Federal Circuit, including— 

19 (aa) the continued effective20 ness and necessity of a multi21 tiered structure of judicial re22 view; 

23 (bb) whether the Court of 

24 Appeals for Veterans Claims 


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1 should have Article I or Article 

2 III status; 

3 (cc) expansion of either the 

4 Court of Appeals for Veterans 

5 Claims or the United States 

6 Court of Appeals for the Federal 

7 Circuit jurisdiction, including by 

8 allowing such courts to hear class 

9 action lawsuits with respect to 

10 claims; and 

11 (dd) the possibility of ex12 panding judicial review of claims 

13 to all Federal circuit courts of 

14 appeals or allowing judicial re15 view beyond the Court of Appeals 

16 for Veterans Claims only by the 

17 Supreme Court. 

18 (3) CONSIDERATION.—In carrying out the stud19 ies under paragraph (1)(A) and (2)(A) and making 

20 any recommendations under this section, the Com21 mission or Task Force shall consider the following: 

22 (A) The interests of veterans, including 

23 with respect to accuracy, fairness, and trans24 parency in the claims process of the Depart25 ment. 


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1 (B) The values and requirements of the 

2 Constitution, including with respect to compli3 ance with procedural and substantive due proc4 ess. 

5 (C) The public interest, including with re6 spect to the responsible use of available re7 sources. 

8 (D) With respect to the study conducted 

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

10 claimant friendly, nonadversarial nature of the 

11 claims process. 

12 (E) With respect to the study conducted 

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

14 appeals process that is efficient and easily un15 derstandable by a claimant. 

16 (4) ROLE OF SECRETARY, CHAIRMAN OF THE

17 BOARD, AND CHIEF JUDGE.— 

18 (A) INFORMATION.—In carrying out each 

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

20 times that the Commission or Task Force de21 termines appropriate, the Commission or Task 

22 Force shall submit to the Secretary of Veterans 

23 Affairs, the Chairman of the Board, and the 

24 Chief Judge of the Court of Appeals for Vet25 erans Claims, as the case may be, information 


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1 with respect to remedies and solutions that the 

2 Commission or Task Force identifies pursuant 

3 to such a study. 

4 (B) IMPLEMENTATION.—The Secretary, 

5 the Chairman of the Board, and the Chief 

6 Judge shall each— 

7 (i) fully consider the remedies and so8 lutions submitted to the Secretary, the 

9 Chairman, or the Chief Judge, as the case 

10 may be, under subparagraph (A); 

11 (ii) implement such remedies and so12 lutions as the Secretary, the Chairman, or 

13 the Chief Judge, respectively, determines 

14 appropriate; and 

15 (iii) submit to Congress justification 

16 for failing to implement any such remedy 

17 or solution. 

18 (C) PLAN.—The Commission or Task 

19 Force shall submit to the Secretary, the Chair20 man of the Board, and the Chief Judge a fea21 sible, timely, and cost-effective plan to eliminate 

22 the backlog of appeals of claims based on the 

23 remedies and solutions identified pursuant to 

24 the study under paragraph (2)(A) and the in25 formation submitted under subparagraph (A). 


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1 (c) COMPREHENSIVE REPORTS.— 

2 (1) INITIAL COMPREHENSIVE REPORT.—Not 

3 later than 60 days after the date on which the Com4 mission or Task Force first meets, the Commission 

5 or Task Force shall submit to the President and 

6 Congress an initial comprehensive report on the 

7 studies conducted under paragraphs (1)(A) and 

8 (2)(A) of subsection (b), including— 

9 (A) the findings of the causes of the back10 log of claims; 

11 (B) a proposed plan to handle the antici12 pated surge in appeals of claims; and 

13 (C) the level of cooperation the Commis14 sion or Task Force has received from the Sec15 retary and the heads of other departments or 

16 agencies of the Federal Government. 

17 (2) INTERIM COMPREHENSIVE REPORTS.—Not 

18 later than 90 days after the date on which the Com19 mission or Task Force first meets, and each 30-day 

20 period thereafter ending on the date on which the 

21 Commission or Task Force submits the final com22 prehensive report under paragraph (3), the Commis23 sion or Task Force shall submit to the President 

24 and Congress a comprehensive report on— 


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1 (A) the progress of the Secretary with re2 spect to implementing solutions to expedite the 

3 elimination of the backlog of claims pursuant to 

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

5 (B) the progress of the Secretary, the 

6 Chairman of the Board, and the Chief Judge of 

7 the Court of Appeals for Veterans Claims with 

8 respect to implementing solutions to complete 

9 appeals of claims in a timely manner in a time10 ly manner pursuant to such subsection; and 

11 (C) the level of cooperation the Commis12 sion or Task Force has received from the Sec13 retary and the heads of other departments or 

14 agencies of the Federal Government. 

15 (3) FINAL COMPREHENSIVE REPORT.—Not 

16 later than 180 days after the date on which the 

17 Commission or Task Force first meets, the Commis18 sion or Task Force shall submit to the President 

19 and Congress a comprehensive report on the fol20 lowing: 

21 (A) With respect to the study conducted 

22 under subsection (b)(1)(A)— 

23 (i) The findings, conclusions, and rec24 ommendations of the Commission or Task 


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1 Force with respect to the matters referred 

2 to in such subsection. 

3 (ii) The recommendations of the Com4 mission or Task Force for revising and im5 proving the backlog of claims and the pro6 cedures used to process claims. 

7 (iii) The progress of the Secretary 

8 with respect to implementing solutions to 

9 expedite the elimination of the backlog of 

10 claims pursuant to subsection (b)(4)(B)(ii). 

11 (iv) Other information and rec12 ommendations with respect to claims as 

13 the Commission or Task Force considers 

14 appropriate. 

15 (B) With respect to the study conducted 

16 under subsection (b)(2)(A)— 

17 (i) The findings, conclusions, and rec18 ommendations of the Commission or Task 

19 Force with respect to the matters referred 

20 to in such subsection. 

21 (ii) The recommendations of the Com22 mission or Task Force for revising and im23 proving the appeals process; 

24 (iii) The information described in sub25 section (b)(4)(A). 


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1 (iv) The feasible, timely, and cost ef2 fective plan described in subsection 

3 (b)(4)(C). 

4 (v) The progress of the Secretary, the 

5 Chairman of the Board, and the Chief 

6 Judge of the Court of Appeals for Vet7 erans Claims with respect to implementing 

8 solutions to provide timely appeals of 

9 claims. 

10 (vi) Other information and rec11 ommendations with respect to the appeals 

12 process as the Commission or Task Force 

13 considers appropriate. 

14 (d) MEMBERSHIP.— 

15 (1) NUMBER AND APPOINTMENT.—The Com16 mission or Task Force shall be composed of 15 

17 members, appointed as follows: 

18 (A) Two members appointed by the Speak19 er of the House of Representatives, one of 

20 whom shall be designated to serve upon the 

21 Subcommittee on the Backlog of Claims and 

22 one of whom shall be designated to serve upon 

23 the Subcommittee on Appeals. 

24 (B) Two members appointed by the minor25 ity leader of the House of Representatives, one 


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1 of whom shall be designated to serve upon the 

2 Subcommittee on the Backlog of Claims and 

3 one of whom shall be designated to serve upon 

4 the Subcommittee on Appeals. 

5 (C) Two members appointed by the major6 ity leader of the Senate, one of whom shall be 

7 designated to serve upon the Subcommittee on 

8 the Backlog of Claims and one of whom shall 

9 be designated to serve upon the Subcommittee 

10 on Appeals. 

11 (D) Two members appointed by the minor12 ity leader of the Senate, one of whom shall be 

13 designated to serve upon the Subcommittee on 

14 the Backlog of Claims and one of whom shall 

15 be designated to serve upon the Subcommittee 

16 on Appeals. 

17 (E) Three members appointed by the 

18 President, two of whom shall be designated to 

19 serve upon the Subcommittee on the Backlog of 

20 Claims and one of whom shall be designated to 

21 serve upon the Subcommittee on Appeals. 

22 (F) One member appointed by the Sec23 retary of Defense, whom shall be designated to 

24 serve upon the Subcommittee on the Backlog of 

25 Claims. 


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1 (G) Two members appointed by the Sec2 retary of Veterans Affairs, one of whom shall be 

3 designated to serve upon the Subcommittee on 

4 the Backlog of Claims and one of whom shall 

5 be designated to serve upon the Subcommittee 

6 on Appeals. 

7 (H) One member appointed by the Chief 

8 Judge of the Court of Appeals for Veterans 

9 Claims, whom shall be designated to serve upon 

10 the Subcommittee on Appeals. 

11 (2) SUBCOMMITTEES.—The Commission or 

12 Task Force shall have two subcommittees as follows: 

13 (A) A Subcommittee on the Backlog of 

14 Claims consisting of the eight members des15 ignated in accordance with paragraph (1). 

16 (B) A Subcommittee on Appeals consisting 

17 of the seven members designated in accordance 

18 with paragraph (1). 

19 (3) QUALIFICATIONS.—Each member appointed 

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

21 experience of the member as a veteran or on the 

22 subject matter expertise or other relevant experience 

23 of the member. 

24 (4) ADVISORS.— 


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

2 members appointed under paragraph (1), the 

3 Commission or Task Force shall— 

4 (i) have five nonvoting, nonmember 

5 advisors, appointed by a majority of the 

6 Commission or Task Force, each from a 

7 different organization that represents the 

8 interests of veterans; and 

9 (ii) seek advice from experts from 

10 nongovernmental organizations (including 

11 veterans service organizations and military 

12 organizations), the Internet technology in13 dustry, and the insurance industry. 

14 (B) ADVICE.—Individuals described in 

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

16 provide advice to both subcommittees described 

17 in paragraph (2). 

18 (5) CHAIRMAN.—The President shall designate 

19 a member of the Commission or Task Force who is 

20 appointed by the President and designated to serve 

21 upon the Subcommittee on the Backlog of Claims to 

22 serve as the chairman of the Commission or Task 

23 Force. The chairman may designate a member to 

24 serve as the chairman of the Subcommittee on the 

25 Backlog of Claims and a member to serve as the 


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1 chairman of the Subcommittee on Appeals to chair 

2 such subcommittees as the designee of the chairman 

3 of the Commission or Task Force. 

4 (6) PERIOD OF APPOINTMENT.—Members of 

5 the Commission or Task Force shall be appointed 

6 for the life of the Commission or Task Force. A va7 cancy shall not affect its powers. 

8 (7) VACANCY.—A vacancy on the Commission 

9 or Task Force shall be filled in the manner in which 

10 the original appointment was made. 

11 (8) APPOINTMENT DEADLINE.—The appoint12 ment of members of the Commission or Task Force 

13 established in this section shall be made not later 

14 than 15 days after the date of the enactment of this 

15 Act. 

16 (e) MEETINGS.— 

17 (1) INITIAL MEETING.—The Commission or 

18 Task Force shall hold its first meeting not later 

19 than 15 days after the date on which a majority of 

20 the members are appointed. 

21 (2) MEETINGS.—The Commission or Task 

22 Force shall meet at the call of the chairman. 

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

24 the Commission or Task Force shall constitute a 

25 quorum, but a lesser number may hold hearings. 


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

2 (1) HEARINGS.—The Commission or Task 

3 Force may hold such hearings, sit and act at such 

4 times and places, take such testimony, and receive 

5 such evidence as the Commission or Task Force con6 siders advisable to carry out the purposes of this 

7 section. 

8 (2) INFORMATION FROM FEDERAL AGENCIES.— 

9 The Commission or Task Force may secure directly 

10 from any department or agency of the Federal Gov11 ernment such information as the Commission or 

12 Task Force considers necessary to carry out the pro13 visions of this section. Upon request of the chair14 man, the head of such department or agency shall 

15 furnish such information to the Commission or Task 

16 Force. 

17 (3) POSTAL SERVICES.—The Commission or 

18 Task Force may use the United States mails in the 

19 same manner and under the same conditions as 

20 other departments and agencies of the Federal Gov21 ernment. 

22 (4) GIFTS.—The Commission or Task Force 

23 may accept, use, and dispose of gifts or donations of 

24 service or property. 

25 (g) PERSONNEL MATTERS.— 


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1 (1) COMPENSATION OF MEMBERS.—Each mem2 ber of the Commission or Task Force who is not an 

3 officer or employee of the United States shall be 

4 compensated at a rate equal to the daily equivalent 

5 of the annual rate of basic pay prescribed for level 

6 IV of the Executive Schedule under section 5315 of 

7 title 5, United States Code, for each day (including 

8 travel time) during which the member is engaged in 

9 the performance of the duties of the Commission or 

10 Task Force. All members of the Commission or 

11 Task Force who are officers or employees of the 

12 United States shall serve without compensation in 

13 addition to that received for their services as officers 

14 or employees of the United States. 

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

16 Commission or Task Force shall be allowed travel 

17 expenses, including per diem in lieu of subsistence, 

18 at rates authorized for employees of agencies under 

19 subchapter I of chapter 57 of title 5, United States 

20 Code, while away from their homes or regular places 

21 of business in the performance of service of the 

22 Commission or Task Force. 

23 (3) STAFF.— 

24 (A) APPOINTMENT.—The chairman of the 

25 Commission or Task Force may, without regard 


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1 to the civil service laws and regulations, appoint 

2 an executive director and such other personnel 

3 as may be necessary to enable the Commission 

4 or Task Force to perform its duties. The ap5 pointment of an executive director shall be sub6 ject to the approval of the Commission or Task 

7 Force. 

8 (B) COMPENSATION.—The chairman of 

9 the Commission or Task Force may fix the 

10 compensation of the executive director and 

11 other personnel without regard to the provisions 

12 of chapter 51 and subchapter III of chapter 53 

13 of title 5, United States Code, relating to classi14 fication of positions and General Schedule pay 

15 rates, except that the rate of pay for the execu16 tive director and other personnel may not ex17 ceed the rate payable for level V of the Execu18 tive Schedule under section 5316 of such title. 

19 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

20 Upon request of the chairman of the Commission or 

21 Task Force, the head of any department or agency 

22 of the Federal Government may detail, on a nonre23 imbursable basis, any personnel of that department 

24 or agency to the Commission or Task Force to assist 

25 it in carrying out its duties. 


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1 (5) PROCUREMENT OF TEMPORARY AND INTER2 MITTENT SERVICES.—The chairman of the Commis3 sion or Task Force may procure temporary and 

4 intermittent services under section 3109(b) of title 

5 5, United States Code, at rates for individuals which 

6 do not exceed the daily equivalent of the annual rate 

7 of basic pay prescribed for level V of the Executive 

8 Schedule under section 5316 of such title. 

9 (h) TERMINATION OF COMMISSION OR TASK

10 FORCE.—The Commission or Task Force shall terminate 

11 60 days after the date on which the Commission or Task 

12 Force submits the final comprehensive report under sub13 section (c)(3). 

14 (i) FUNDING.— 

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

16 the request of the chairman of the Commission or 

17 Task Force, make available to the Commission or 

18 Task Force such amounts as the Commission or 

19 Task Force may require to carry out the duties of 

20 the Commission or Task Force under this section. 

21 (2) AVAILABILITY.—Any sums made available 

22 to the Commission or Task Force shall remain avail23 able, without fiscal year limitation, until the termi24 nation of the Commission or Task Force. 

25 (j) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘appeals process’’ means the 

2 process to appeal the determination by the Secretary 

3 of a claim beginning with the notice of disagreement 

4 filed pursuant to section 7105 of title 38, United 

5 States Code, and ending with the review of a deci6 sion by the Supreme Court pursuant to section 

7 7292(c) of such title. 

8 (2) The term ‘‘Board’’ means the Board of Vet9 erans’ Appeals. 

10 (3) The term ‘‘strategic plan’’ means the Stra11 tegic Plan to Eliminate the Compensation Claims 

12 Backlog, published by the Secretary of Veterans Af13 fairs on January 25, 2013. 

14 SEC. 102. SUPPLEMENTAL REPORTS TO THE STRATEGIC 

15 PLAN TO ELIMINATE THE COMPENSATION 

16 CLAIMS BACKLOG. 

17 Not later than 60 days after the date of the enact18 ment of this Act, and every 120 days thereafter until Me19 morial Day (May 25), 2015, the Secretary of Veterans Af20 fairs shall submit to Congress a supplemental report on 

21 the implementation by the Department of Veterans Affairs 

22 of the Strategic Plan to Eliminate the Compensation 

23 Claims Backlog. Each such report shall include— 

24 (1) verification that during the period covered 

25 by the report, each claim was approved or denied by 


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1 not later than 125 days after the date on which the 

2 claim is submitted with an accuracy rate of 98 per3 cent, as specified in the Strategic Plan; 

4 (2) a description of the specific measures, pro5 cedures, and metrics used to assess the implementa6 tion of the Strategic Plan for purposes of the supple7 mental report; and 

8 (3) a detailed timeline for the implementation 

9 of each initiative contained in the Strategic Plan. 

10 SEC. 103. EXPEDITION OF TRANSFER OF CERTAIN 

11 RECORDS. 

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

13 date of the enactment of this Act, the Secretary of Vet14 erans Affairs shall enter into an agreement with the Com15 missioner of the Social Security Administration to ensure 

16 that the Commissioner transfers to the Secretary disability 

17 or medical records of the Commissioner that the Secretary 

18 will use to evaluate a claim by not later than 30 days after 

19 the Secretary requests such records. 

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

21 the date of the enactment of this Act, the Secretary of 

22 Veterans Affairs shall enter into an agreement with the 

23 Secretary of Defense to ensure that the Secretary of De24 fense transfers to the Secretary of Veterans Affairs med25 ical records of members or former members of the Armed 


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1 Forces that the Secretary will use to evaluate a claim by 

2 not later than 30 days after the Secretary requests such 

3 records. 

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

5 days after the date of the enactment of this Act, the Sec6 retary of Veterans Affairs and the Secretary of Defense 

7 shall jointly— 

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

9 days the amount of time needed to provide members 

10 of the National Guard and the Secretary of Veterans 

11 Affairs with the medical records of such members, 

12 including by partnering with appropriate officials of 

13 Federal or State departments or agencies; and 

14 (2) implement such plan. 

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

16 on the date that is one year after the date of the enact17 ment of this Act. 

18 SEC. 104. CLAIMS PROCESSORS TRAINING. 

19 (a) ESTABLISHMENT.—The Secretary of Veterans 

20 Affairs shall establish a training program to provide newly 

21 hired claims processors of the Department of Veterans Af22 fairs with training for a period of not less than two years. 

23 In carrying out such program, the Secretary shall identify 

24 successful claims processors of the Department who can 

25 assist in the training of newly hired claims processors. 


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

2 shall carry out the training program established under 

3 subsection (a) without increasing the amount of time in 

4 which claims are processed by the Department. 

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

6 on the date that is one year after the date of the enact7 ment of this Act. 

8 SEC. 105. REPORT BY COMPTROLLER GENERAL OF THE 

9 UNITED STATES. 

10 Not later than one year after the date of the enact11 ment of this Act, the Comptroller General of the United 

12 States shall submit to Congress a report on the progress 

13 of the Secretary of Veterans Affairs in improving the time14 liness of claims processing and eliminating the backlog of 

15 claims. The report shall include any recommendations of 

16 the Comptroller General with respect to improving the 

17 ability of the Secretary to make such progress. 

18 SEC. 106. PRIORITY FOR PROCESSING CLAIMS OF THE DE19 PARTMENT OF VETERANS AFFAIRS. 

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

21 38, United States Code, is amended by adding at the end 

22 the following new section: 


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1 ‘‘§ 5109C. Priority for processing claims 

2 ‘‘(a) PRIORITY.—In processing claims for compensa3 tion under this chapter, the Secretary shall provide the 

4 following claimants with priority over other claimants: 

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

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

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

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

9 2002 of this title). 

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

11 Honor. 

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

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

14 again in relation to a previously denied claim relat15 ing to military sexual trauma. 

16 ‘‘(8) Veterans whom the Secretary determines, 

17 on a case-by-case basis, are seriously or very seri18 ously injured. 

19 ‘‘(9) Veterans whom the Secretary determines, 

20 on a case-by-case basis, should be given priority 

21 under this section based on an application for good 

22 cause established by the Secretary. 

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

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

25 (b) CLERICAL AMENDMENT.—The table of sections 

26 at the beginning of such chapter is amended by inserting 


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1 after the item relating to section 5109B the following new 

2 item: 

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

3 SEC. 107. PUBLIC AVAILABILITY OF CERTAIN INFORMA4 TION ABOUT PENDING AND COMPLETED 

5 CLAIMS FOR COMPENSATION UNDER THE 

6 LAWS ADMINISTERED BY THE SECRETARY OF 

7 VETERANS AFFAIRS. 

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

9 38, United States Code, is amended by adding after sec10 tion 5109C, as added by section 106, the following new 

11 section: 

12 ‘‘§ 5109D. Information about pending and completed 

13 claims 

14 ‘‘(a) AVAILABILITY OF INFORMATION.—The Sec15 retary shall maintain on the Internet website of the De16 partment publicly accessible information about pending 

17 and completed claims for compensation under chapter 11 

18 of this title. Such information shall include each of the 

19 following: 

20 ‘‘(1) For each regional office and for the De21 partment as a whole— 

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

23 the date of the submittal of a claim and the 

24 date of the decision with respect to the claim 


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1 for each of the preceding three-month and one2 year period; 

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

4 claim is pending during the preceding three5 month and one-year periods; 

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

7 claims adjudication process during the pre8 ceding three-month and one-year periods; 

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

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

11 have been pending for more than 125 days; and 

12 ‘‘(F) the number of claims completed dur13 ing— 

14 ‘‘(i) the current month, to date; 

15 ‘‘(ii) the month preceding the current 

16 month; 

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

18 date; and 

19 ‘‘(iv) the calendar year preceding the 

20 current calendar year. 

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

22 claim for compensation is submitted, for each re23 gional office and for the Department as a whole— 

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

25 the date of the submittal of a claim relating to 


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1 such medical condition and the date of the deci2 sion with respect to the claim for each of the 

3 preceding three-month and one-year period; 

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

5 claim is pending during the preceding three6 month and one-year periods; 

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

8 claims adjudication process as applied to claims 

9 relating to such medical condition during the 

10 preceding three-month and one-year periods; 

11 ‘‘(D) the number of pending claims relat12 ing to such condition; 

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

14 that have been pending for more than 125 days; 

15 and 

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

17 medical condition completed during— 

18 ‘‘(i) the current month, to date; 

19 ‘‘(ii) the month preceding current 

20 month; 

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

22 date; and 

23 ‘‘(iv) the calendar year preceding the 

24 current calendar year. 


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1 ‘‘(b) UPDATES.—The Secretary shall update the in2 formation on the website under subsection (a) not less fre3 quently than once every seven days.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 after the item relating to section 5109C, as added by sec7 tion 106, the following new item: 

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

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

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

10 38, United States Code, is amended by adding after sec11 tion 5109D, as added by section 107, the following new 

12 section: 

13 ‘‘§ 5109E. Annual report on processing of claims 

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

15 in the annual report to Congress required under section 

16 529 of this title information on the following: 

17 ‘‘(1) The automatic processing of claims for 

18 compensation. 

19 ‘‘(2) The performance of any regional office 

20 that fails to meet the administrative goals of the re21 gional office with respect to timeliness and accuracy 

22 in processing claims for compensation. 

23 ‘‘(3) The timeliness of receiving information 

24 pursuant to a request by the Secretary to the head 

25 of another department or agency of the United 


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1 States for information required by the Secretary in 

2 adjudicating a claim for compensation under chapter 

3 11 of this title. 

4 ‘‘(b) MATTERS INCLUDED.—In carrying out sub5 section (a) to include information in the report required 

6 under section 529 of this title, the Secretary shall include 

7 the following: 

8 ‘‘(1) With respect to the information required 

9 by subsection (a)(1)— 

10 ‘‘(A) each medical condition for which 

11 claims relating to such condition were processed 

12 in an electronic automated fashion during the 

13 fiscal year covered by the report; 

14 ‘‘(B) the feasibility of processing any addi15 tional medical conditions in an electronic auto16 mated fashion and any barriers to such proc17 essing, including any such barriers relating to 

18 the schedule for rating disabilities under section 

19 1155 of this title; 

20 ‘‘(C) the number of claims for compensa21 tion relating to each medical condition sub22 mitted during such fiscal year; and 

23 ‘‘(D) for each medical condition, the per24 centage of claims denied and the percentage of 

25 claims approved during such fiscal year. 


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1 ‘‘(2) With respect to the information required 

2 by subsection (a)(2), in the case of any regional of3 fice that, for the fiscal year covered by the report, 

4 did not meet the administrative goal of having no 

5 claim pending for more than 125 days and achieving 

6 an accuracy rating of 98 percent— 

7 ‘‘(A) a signed statement prepared by the 

8 individual serving as director of the regional of9 fice as of the date of the submittal of the report 

10 containing— 

11 ‘‘(i) an explanation for why the re12 gional office did not meet the goal; 

13 ‘‘(ii) a description of the additional re14 sources needed to enable the regional office 

15 to reach the goal; and 

16 ‘‘(iii) a description of any additional 

17 actions planned for the subsequent fiscal 

18 year that are proposed to enable the re19 gional office to meet the goal; and 

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

21 Secretary for Benefits explaining how the fail22 ure of the regional office to meet the goal af23 fected the performance evaluation of the direc24 tor of the regional office. 


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1 ‘‘(3) With respect to the information required 

2 by subsection (a)(3)— 

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

4 such paragraph made during the fiscal year 

5 covered by the report; and 

6 ‘‘(B) the average response time for such 

7 requests made during each month of such fiscal 

8 year, as determined based on the period begin9 ning on the date on which the Secretary made 

10 the request and ending on the date on which 

11 the Secretary determines that the request is 

12 completed.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by adding 

15 after the item relating to section 5109D, as added by sec16 tion 107, the following new item: 

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

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

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

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

20 enactment 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 of8 fice and claims intake facilities of the Department of 

9 Veterans Affairs; and 

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

11 (b) NOTICE TO APPLICANTS.— 

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

13 to each person who submits a claim for benefits 

14 under the laws administered by the Secretary before 

15 the person submits such claim— 

16 (A) notice of the information described in 

17 subsection (c); and 

18 (B) notice that, during the period ending 

19 on August 6, 2015, the person is eligible to re20 ceive up to an extra year of benefits payments 

21 if the person files an original claim that is fully 

22 developed. 

23 (2) ACKNOWLEDGMENT OF RECEIPT OF NO24 TICE.—Each person who submits a claim for bene25 fits under the laws administered by the Secretary 

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1 knowledging that the person received the informa2 tion described 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 ben9 efits are awarded. 

10 (B) The percentage of each of the fol11 lowing types of submitted claims for benefits 

12 under the laws administered by the Secretary of 

13 Veterans Affairs for which benefits are award14 ed: 

15 (i) Claims filed by veterans who au16 thorized a veterans service organization to 

17 act on the veterans’ behalf under a durable 

18 power of attorney. 

19 (ii) Claims filed by veterans who au20 thorized a person other than a veterans 

21 service organization to act on the veterans’ 

22 behalf under a durable power of attorney. 

23 (iii) Claims filed by veterans who did 

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1 erans’ behalf under a durable power of at2 torney. 

3 (2) CLAIMS DESCRIBED.—The claims described 

4 in this paragraph are each of the following types of 

5 claims for benefits under the laws administered by 

6 the Secretary of Veterans Affairs: 

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

9 (B) A fully developed claim that is sub10 mitted in standard paper form. 

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

12 is submitted in standard electronic form. 

13 (D) A claim that is not fully developed 

14 that is submitted in standard paper form. 

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

16 is submitted in nonstandard paper form. 

17 (3) UPDATE OF INFORMATION.—The informa18 tion described in this subsection shall be updated not 

19 less frequently than once each fiscal quarter. 

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

21 on the date that is one year after the date of the enact22 ment of this Act. 

23 SEC. 110. CLAIM DEFINED. 

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

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


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1 the laws administered by the Secretary of Veterans Af2 fairs. 

3 TITLE II—COMPENSATION AND 

4 PENSIONS 

5 SEC. 201. IMPROVEMENTS TO AUTHORITY FOR PERFORM6 ANCE OF MEDICAL DISABILITIES EXAMINA7 TIONS BY CONTRACT PHYSICIANS. 

8 (a) EXTENSION OF TEMPORARY AUTHORITY.—Sub9 section (c) of section 704 of the Veterans Benefits Act 

10 of 2003 (38 U.S.C. 5101 note) is amended by striking 

11 ‘‘December 31, 2013’’ and inserting ‘‘December 31, 

12 2016’’. 

13 (b) LICENSURE OF CONTRACT PHYSICIANS.— 

14 (1) TEMPORARY AUTHORITY.—Such section 

15 704 is further amended— 

16 (A) by redesignating subsection (d) as sub17 section (e); and 

18 (B) by inserting after subsection (c) the 

19 following new subsection (d): 

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

21 ‘‘(1) IN GENERAL.—Notwithstanding any law 

22 regarding the licensure of physicians, a physician de23 scribed in paragraph (2) may conduct an examina24 tion pursuant to a contract entered into under sub25 section (b) at any location in any State, the District 


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1 of Columbia, or a Commonwealth, territory, or pos2 session of the United States, so long as the examina3 tion is within the scope of the authorized duties 

4 under such contract. 

5 ‘‘(2) PHYSICIAN DESCRIBED.—A physician de6 scribed in this paragraph is a physician who— 

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

8 health care profession of the physician; and 

9 ‘‘(B) is performing authorized duties for 

10 the Department of Veterans Affairs pursuant to 

11 a contract entered into under subsection (b).’’. 

12 (2) PILOT PROGRAM.—Section 504 of the Vet13 erans’ Benefits Improvement Act of 1996 (38 

14 U.S.C. 5101 note) is amended— 

15 (A) by redesignating subsections (c) and 

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

17 (B) by inserting after subsection (b) the 

18 following new subsection (c): 

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

20 ‘‘(1) IN GENERAL.—Notwithstanding any law 

21 regarding the licensure of physicians, a physician de22 scribed in paragraph (2) may conduct an examina23 tion pursuant to a contract entered into under sub24 section (a) at any location in any State, the District 

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1 session of the United States, so long as the examina2 tion is within the scope of the authorized duties 

3 under such contract. 

4 ‘‘(2) PHYSICIAN DESCRIBED.—A physician de5 scribed in this paragraph is a physician who— 

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

7 health care profession of the physician; and 

8 ‘‘(B) is performing authorized duties for 

9 the Department of Veterans Affairs pursuant to 

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

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

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

13 ‘‘(b) LOCATIONS.— 

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

15 the pilot program under this section through not 

16 more than 15 regional offices of the Department of 

17 Veterans Affairs. 

18 ‘‘(2) SELECTION.—The Secretary shall select 

19 the regional offices under paragraph (1) by ana20 lyzing appropriate data to determine the regional of21 fices that require support. Such appropriate data 

22 shall include— 

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

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


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

2 pending; 

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

4 ‘‘(E) the overall timeliness of completed 

5 cases; 

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

7 examination units and physicians of the medical 

8 centers in the regional office; and 

9 ‘‘(G) any other data the Secretary deter10 mines appropriate. 

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

12 carry out the data analysis of the regional offices 

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

14 program under this section is carried out to deter15 mine the regional offices selected under paragraph 

16 (1) for such year.’’. 

17 (d) EFFECTIVE DATE.—This section and the amend18 ment made by this section shall take effect on the date 

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

20 Act. 


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1 SEC. 202. CONSIDERATION BY SECRETARY OF VETERANS 

2 AFFAIRS OF RESOURCES DISPOSED OF FOR 

3 LESS THAN FAIR MARKET VALUE BY INDIVID4 UALS APPLYING FOR PENSION. 

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

6 States Code, is amended— 

7 (1) in subsection (a)— 

8 (A) by inserting ‘‘(1)’’ before ‘‘The Sec9 retary’’; and 

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

11 paragraph: 

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

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

14 spouse of such veteran disposes of covered resources for 

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

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

17 or discontinue the payment of pension to such veteran 

18 under section 1513 or 1521 of this title, as the case may 

19 be, for months during the period beginning on the date 

20 described in subparagraph (D) and equal to the number 

21 of months calculated as provided in subparagraph (E). 

22 ‘‘(B)(i) For purposes of this paragraph, a covered re23 source is any resource that was a part of the corpus of 

24 the estate of the veteran or, if the veteran has a spouse, 

25 the corpus of the estates of the veteran and of the vet26 eran’s spouse, that the Secretary considers that under all 


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1 the circumstances, if the veteran or spouse had not dis2 posed of such resource, it would be reasonable that the 

3 resource (or some portion of the resource) be consumed 

4 for the veteran’s maintenance. 

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

6 may consider, in accordance with regulations the Sec7 retary shall prescribe, a transfer of an asset (including a 

8 transfer of an asset to an annuity, trust, or other financial 

9 instrument or investment) a disposal of a covered resource 

10 for less than fair market value if such transfer reduces 

11 the amount in the corpus of the estate of the veteran or, 

12 if the veteran has a spouse, the corpus of the estates of 

13 the veteran and of the veteran’s spouse, that the Secretary 

14 considers, under all the circumstances, would be reason15 able to be consumed for the veteran’s maintenance. 

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

17 is a date that is 36 months before the date described in 

18 clause (ii). 

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

20 which the veteran applies for pension under section 1513 

21 or 1521 of this title or, if later, the date on which the 

22 veteran (or the spouse of the veteran) disposes of covered 

23 resources for less than fair market value. 

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

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1 sources were disposed of for less than fair market value 

2 and which does not occur in any other period of ineligi3 bility under this paragraph. 

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

5 subparagraph shall be equal to— 

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

7 of the portion of covered resources so disposed of by 

8 the veteran (or the spouse of the veteran) on or 

9 after the look-back date described in subparagraph 

10 (C)(i) that the Secretary determines would reason11 ably have been consumed for the veteran’s mainte12 nance; divided by 

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

14 that is payable to a veteran under section 1513 or 

15 1521 of this title, including the maximum amount of 

16 increased pension payable under such sections on ac17 count of family members, but not including any 

18 amount of pension payable under such sections be19 cause a veteran is in need of regular aid and attend20 ance or is permanently housebound, 

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

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

23 (2) in subsection (b)— 

24 (A) by inserting ‘‘(1)’’ before ‘‘The Sec25 retary’’; and 


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

2 paragraph: 

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

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

5 of section 1521 of this title on account of a child, the 

6 spouse of the veteran, or the child disposes of covered re7 sources for less than fair market value on or after the 

8 look-back date described in subparagraph (C)(i), the Sec9 retary shall deny or discontinue payment of such increased 

10 pension for months during the period beginning on the 

11 date described in subparagraph (D) and equal to the num12 ber of months calculated as provided in subparagraph (E). 

13 ‘‘(B)(i) For purposes of this paragraph, a covered re14 source is any resource that was a part of the corpus of 

15 the estate of the child that the Secretary considers that 

16 under all the circumstances, if the veteran, the spouse of 

17 the veteran, or the child had not disposed of such resource, 

18 it would be reasonable that the resource (or some portion 

19 of the resource) be consumed for the child’s maintenance. 

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

21 may consider, in accordance with regulations the Sec22 retary shall prescribe, a transfer of an asset (including a 

23 transfer of an asset to an annuity, trust, or other financial 

24 instrument or investment) a disposal of a covered resource 

25 for less than fair market value if such transfer reduces 


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1 the amount in the corpus of the estate of the child that 

2 the Secretary considers, under all the circumstances, 

3 would be reasonable to be consumed for the child’s mainte4 nance. 

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

6 is a date that is 36 months before the date described in 

7 clause (ii). 

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

9 which the veteran applies for payment of increased pen10 sion under subsection (c), (d), (e), or (f) of section 1521 

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

12 on which the veteran, the spouse of the veteran, or the 

13 child disposes of covered resources for less than fair mar14 ket value. 

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

16 first day of the first month in or after which covered re17 sources were disposed of for less than fair market value 

18 and which does not occur in any other period of ineligi19 bility under this paragraph. 

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

21 subparagraph shall be equal to— 

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

23 of the portion of covered resources so disposed of by 

24 the veteran, the spouse of the veteran, or the child 

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1 graph (C)(i) that the Secretary determines would 

2 reasonably have been consumed for the child’s main3 tenance; divided by 

4 ‘‘(ii) the maximum amount of increased month5 ly pension that is payable to a veteran under sub6 section (c), (d), (e), or (f) of section 1521 of this 

7 title on account of a child, 

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

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

10 and 

11 (3) by adding at the end the following new sub12 sections: 

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

14 payment of pension under section 1513 or 1521 of this 

15 title or payment of increased pension under subsection (c), 

16 (d), (e), or (f) of section 1521 of this title on account of 

17 a child by reason of the application of subsection (a)(2) 

18 or (b)(2) of this section to the disposal of resources by 

19 an individual to the extent that— 

20 ‘‘(A) a satisfactory showing is made to the Sec21 retary (in accordance with regulations promulgated 

22 by the Secretary) that all resources disposed of for 

23 less than fair market value have been returned to 

24 the individual who disposed of the resources; or 


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1 ‘‘(B) the Secretary determines, under proce2 dures established by the Secretary, that the denial 

3 or discontinuance of payment would work an undue 

4 hardship as determined on the basis of criteria es5 tablished by the Secretary. 

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

7 section 1513 or 1521 of this title or increased pension 

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

9 this title on account of a child, and at such other times 

10 as the Secretary considers appropriate, the Secretary 

11 shall— 

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

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

14 of ineligibility for payment of pension under such 

15 sections for individuals who make certain disposi16 tions of resources for less than fair market value; 

17 and 

18 ‘‘(B) obtain from such veteran information 

19 which may be used in determining whether or not a 

20 period of ineligibility for such payments would be re21 quired by reason of such subsections. 

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

23 with respect to the disposal of resources or the transfer 

24 of an asset if such disposal or transfer is to a trust de25 scribed in section 1917(d)(4) of the Social Security Act 


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1 (42 U.S.C. 1396p(d)(4)) that is established for the benefit 

2 of a child of the veteran.’’. 

3 (b) SURVIVING SPOUSES AND CHILDREN.—Section 

4 1543 of such title is amended— 

5 (1) in subsection (a)— 

6 (A) by redesignating paragraph (2) as 

7 paragraph (3); 

8 (B) by inserting after paragraph (1) the 

9 following new paragraph (2): 

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

11 payment of pension under section 1541 of this title dis12 poses of covered resources for less than fair market value 

13 on or after the look-back date described in subparagraph 

14 (C)(i), the Secretary shall deny or discontinue the pay15 ment of pension to such surviving spouse under section 

16 1541 of this title for months during the period beginning 

17 on the date described in subparagraph (D) and equal to 

18 the number of months calculated as provided in subpara19 graph (E). 

20 ‘‘(B)(i) For purposes of this paragraph, a covered re21 source is any resource that was a part of the corpus of 

22 the estate of the surviving spouse that the Secretary con23 siders that under all the circumstances, if the surviving 

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1 sonable that the resource (or some portion of the resource) 

2 be consumed for the surviving spouse’s maintenance. 

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

4 may consider, in accordance with regulations the Sec5 retary shall prescribe, a transfer of an asset (including a 

6 transfer of an asset to an annuity, trust, or other financial 

7 instrument or investment) a disposal of a covered resource 

8 for less than fair market value if such transfer reduces 

9 the amount in the corpus of the estate of the surviving 

10 spouse that the Secretary considers, under all the cir11 cumstances, would be reasonable to be consumed for the 

12 surviving spouse’s maintenance. 

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

14 is a date that is 36 months before the date described in 

15 clause (ii). 

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

17 which the surviving spouse applies for pension under sec18 tion 1541 of this title or, if later, the date on which the 

19 surviving spouse disposes of covered resources for less 

20 than fair market value. 

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

22 first day of the first month in or after which covered re23 sources were disposed of for less than fair market value 

24 and which does not occur in any other period of ineligi25 bility under this paragraph. 


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

2 subparagraph shall be equal to— 

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

4 of the portion of covered resources so disposed of by 

5 the surviving spouse on or after the look-back date 

6 described in subparagraph (C)(i) that the Secretary 

7 determines would reasonably have been consumed 

8 for the surviving spouse’s maintenance; divided by 

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

10 that is payable to a surviving spouse under section 

11 1541 of this title, including the maximum amount of 

12 increased pension payable under such section on ac13 count of a child, but not including any amount of 

14 pension payable under such section because a sur15 viving spouse is in need of regular aid and attend16 ance or is permanently housebound, 

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

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

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

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

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

22 the Secretary shall apply to the surviving spouse any re23 maining ineligibility for that period.’’; and 

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

25 paragraph: 


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

2 payment of increased pension under subsection (c), (d), 

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

4 or the child disposes of covered resources for less than fair 

5 market value on or after the look-back date described in 

6 subparagraph (C)(i), the Secretary shall deny or dis7 continue payment of such increased pension for months 

8 during the period beginning on the date described in sub9 paragraph (D) and equal to the number of months cal10 culated as provided in subparagraph (E). 

11 ‘‘(B)(i) For purposes of this paragraph, a covered re12 source is any resource that was a part of the corpus of 

13 the estate of the child that the Secretary considers that 

14 under all the circumstances, if the surviving spouse or the 

15 child had not disposed of such resource, it would be rea16 sonable that the resource (or some portion of the resource) 

17 be consumed for the child’s maintenance. 

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

19 may consider, in accordance with regulations the Sec20 retary shall prescribe, a transfer of an asset (including a 

21 transfer of an asset to an annuity, trust, or other financial 

22 instrument or investment) a disposal of a covered resource 

23 for less than fair market value if such transfer reduces 

24 the amount in the corpus of the estate of the child that 

25 the Secretary considers, under all the circumstances, 


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1 would be reasonable to be consumed for the child’s mainte2 nance. 

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

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

5 clause (ii). 

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

7 which the surviving spouse applies for payment of in8 creased pension under subsection (c), (d), or (e) of section 

9 1541 of this title on account of a child or, if later, the 

10 date on which the surviving spouse (or the child) disposes 

11 of covered resources for less than fair market value. 

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

13 first day of the first month in or after which covered re14 sources were disposed of for less than fair market value 

15 and which does not occur in any other period of ineligi16 bility under this paragraph. 

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

18 clause shall be equal to— 

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

20 of the portion of covered resources so disposed of by 

21 surviving spouse (or the child) on or after the look22 back date described in subparagraph (C)(i) that the 

23 Secretary determines would reasonably have been 

24 consumed for the child’s maintenance; divided by 


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1 ‘‘(ii) the maximum amount of increased month2 ly pension that is payable to a surviving spouse 

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

4 this title on account of a child, 

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

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

7 (2) in subsection (b)— 

8 (A) by inserting ‘‘(1)’’ before ‘‘The Sec9 retary’’; and 

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

11 paragraph: 

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

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

14 whom such child is residing who is legally responsible for 

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

16 than fair market value on or after the look-back date de17 scribed in subparagraph (C)(i), the Secretary shall deny 

18 or discontinue the payment of pension to such child under 

19 section 1542 of this title for months during the period be20 ginning on the date described in subparagraph (D) and 

21 equal to the number of months calculated as provided in 

22 subparagraph (E). 

23 ‘‘(B)(i) For purposes of this paragraph, a covered re24 source is any resource that was a part of the corpus of 

25 the estate of the child or the corpus of the estate of any 


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1 person with whom such child is residing who is legally re2 sponsible for such child’s support that the Secretary con3 siders that under all the circumstances, if the child or per4 son had not disposed of such resource, it would be reason5 able that the resource (or some portion of the resource) 

6 be consumed for the child’s maintenance. 

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

8 may consider, in accordance with regulations the Sec9 retary shall prescribe, a transfer of an asset (including a 

10 transfer of an asset to an annuity, trust, or other financial 

11 instrument or investment) a disposal of a covered resource 

12 for less than fair market value if such transfer reduces 

13 the amount in the corpus of the estate described in clause 

14 (i) that the Secretary considers, under all the cir15 cumstances, would be reasonable to be consumed for the 

16 child’s maintenance. 

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

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

19 clause (ii). 

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

21 which the child applies for pension under section 1542 of 

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

23 described in subparagraph (B)) disposes of covered re24 sources for less than fair market value. 


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

2 day of the first month in or after which covered resources 

3 were disposed of for less than fair market value and which 

4 does not occur in any other period of ineligibility under 

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

11 on or after the look-back date described in subpara12 graph (C)(i) that the Secretary determines would 

13 reasonably have been consumed for the child’s main14 tenance; divided by 

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

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

17 title, 

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

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

20 and 

21 (3) by adding at the end the following new sub22 sections: 

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

24 payment of pension under section 1541 or 1542 of this 

25 title or payment of increased pension under subsection (c), 


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1 (d), or (e) of section 1541 of this title on account of a 

2 child by reason of the application of subsection (a)(2), 

3 (a)(4), or (b)(2) of this section to the disposal of resources 

4 by an individual to the extent that— 

5 ‘‘(A) a satisfactory showing is made to the Sec6 retary (in accordance with regulations promulgated 

7 by the Secretary) that all resources disposed of for 

8 less than fair market value have been returned to 

9 the individual who disposed of the resources; or 

10 ‘‘(B) the Secretary determines, under proce11 dures established by the Secretary, that the denial 

12 or discontinuance of payment would work an undue 

13 hardship as determined on the basis of criteria es14 tablished by the Secretary. 

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

16 for pension under section 1541 or 1542 of this title or 

17 increased pension under subsection (c), (d), or (e) of sec18 tion 1541 of this title on account of a child, and at such 

19 other times as the Secretary considers appropriate, the 

20 Secretary shall— 

21 ‘‘(A) inform such surviving spouse or child of 

22 the provisions of subsections (a)(2), (a)(4), and 

23 (b)(2), as applicable, providing for a period of ineli24 gibility for payment of pension or increased pension 

25 under such sections for individuals who make certain 


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1 dispositions of resources for less than fair market 

2 value; and 

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

4 information which may be used in determining 

5 whether or not a period of ineligibility for such pay6 ments would be required by reason of such sub7 sections. 

8 ‘‘(d) Paragraphs (2) and (4) of subsection (a) and 

9 subsection (b)(2) shall not apply with respect to the dis10 posal of resources or the transfer of an asset if such dis11 posal or transfer is to a trust described in section 

12 1917(d)(4) of the Social Security Act (42 U.S.C. 

13 1396p(d)(4)) that is established for the benefit of a child 

14 of the veteran or surviving spouse.’’. 

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

16 and (c) of section 1522 of title 38, United States Code, 

17 as added by subsection (a), and subsections (a)(2), (a)(4), 

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

19 subsection (b), shall take effect on the date that is one 

20 year after the date of the enactment of this Act and shall 

21 apply with respect to payments of pension and increased 

22 pension applied for after such date and to payments of 

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1 sion shall be made under such subsections because of any 

2 disposal of covered resources made before such date. 

3 (d) ANNUAL REPORTS.— 

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

5 after the date of the enactment of this Act and not 

6 less frequently than once each year thereafter 

7 through 2018, the Secretary of Veterans Affairs 

8 shall submit to the appropriate committees of Con9 gress a report on the administration of subsections 

10 (a)(2), (b)(2), and (c) of section 1522 of title 38, 

11 United States Code, as added by subsection (a), and 

12 subsections (a)(2), (a)(4), (b)(2), and (c) of section 

13 1543 of such title, as added by subsection (b), dur14 ing the most recent 12-month period. 

15 (2) ELEMENTS.—Each report submitted under 

16 paragraph (1) shall include the following, for the pe17 riod covered by the report: 

18 (A) The number of individuals who applied 

19 for pension under chapter 15 of such title. 

20 (B) The number of individuals who re21 ceived pension under such chapter. 

22 (C) The number of individuals with respect 

23 to whom the Secretary denied or discontinued 

24 payment of pension under the subsections re25 ferred to in paragraph (1). 


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1 (D) A description of any trends identified 

2 by the Secretary regarding pension payments 

3 that have occurred as a result of the amend4 ments made by this section. 

5 (E) Such other information as the Sec6 retary considers appropriate. 

7 (3) APPROPRIATE COMMITTEES OF CONGRESS

8 DEFINED.—In this subsection, the term ‘‘appro9 priate committees of Congress’’ means— 

10 (A) the Committee on Veterans’ Affairs 

11 and the Select Committee on Aging of the Sen12 ate; and 

13 (B) the Committee on Veterans’ Affairs of 

14 the House of Representatives. 

15 SEC. 203. BIFURCATED PAYMENTS OF COMPENSATION BEN16 EFITS UNDER LAWS ADMINISTERED BY THE 

17 SECRETARY OF VETERANS AFFAIRS. 

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

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

20 end the following new section: 

21 ‘‘§ 5127. Bifurcated payments of compensation bene22 fits 

23 ‘‘(a) IN GENERAL.—During the eight-year period be24 ginning on the date of the enactment of this section, in 

25 the case of a claim described in subsection (b), prior to 


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1 adjudicating the claim, the Secretary shall make payments 

2 of monetary benefits to the claimant based on any dis3 ability for which the Secretary has made a decision. Upon 

4 the adjudication of the claim, the Secretary shall pay to 

5 the claimant any monetary benefits awarded to the claim6 ant for the period of payment under section 5111 of this 

7 title less the amount of such benefits paid to the claimant 

8 under this section. 

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

10 subsection is a claim for disability compensation under 

11 chapter 11 of this title— 

12 ‘‘(1) the adjudication of which requires the Sec13 retary to make decisions with respect to two or more 

14 disabilities; and 

15 ‘‘(2) for which, before completing the adjudica16 tion of the claim, the Secretary makes a decision 

17 with respect to a disability that would result in the 

18 payment of monetary benefits to the claimant upon 

19 the adjudication of the claim.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of such chapter is amended by adding 

22 at the end of the items relating to such subchapter the 

23 following new item: 

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

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

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


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1 effect on the date that is one year after the date of the 

2 enactment of this Act. 

3 SEC. 204. PENSION FOR CERTAIN VETERANS COVERED BY 

4 MEDICAID PLANS FOR SERVICES FURNISHED 

5 BY NURSING FACILITIES. 

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

7 is amended by striking ‘‘November 30, 2016’’ and insert8 ing ‘‘September 30, 2018’’. 

9 TITLE III—OTHER MATTERS 

10 SEC. 301. REVIEW OF OPERATION OF CERTAIN SHIPS DUR11 ING THE VIETNAM ERA. 

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

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

14 of Defense shall review the logs of each ship under the 

15 authority of the Secretary of the Navy that is known to 

16 have operated in the waters near Vietnam during the pe17 riod beginning on January 9, 1962, and ending on May 

18 7, 1975, to determine— 

19 (1) whether each such ship operated in the ter20 ritorial waters of the Republic of Vietnam during 

21 such period; and 

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

23 (A) the date or dates when the ship so op24 erated; and 


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1 (B) the distance from the shore of the lo2 cation where the ship operated that was the 

3 closest proximity to shore. 

4 (b) PROVISION OF INFORMATION TO THE SECRETARY

5 OF VETERANS AFFAIRS.—Upon a determination that any 

6 such ship so operated, the Secretary of Defense shall pro7 vide such determination, together with the information de8 scribed in subsection (a)(2) about the ship, to the Sec9 retary of Veterans Affairs. 

10 (c) PUBLIC AVAILABILITY OF INFORMATION.—The 

11 Secretary of Veterans Affairs shall make publicly available 

12 all unclassified information provided to the Secretary 

13 under subsection (b). 

14 SEC. 302. METHODS FOR VALIDATING CERTAIN SERVICE 

15 CONSIDERED TO BE ACTIVE SERVICE BY THE 

16 SECRETARY OF VETERANS AFFAIRS. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

19 (1) The Merchant Marine Act, 1936 established 

20 the United States Maritime Commission, and stated 

21 as a matter of policy that the United States should 

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

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

24 national emergency’’. 


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1 (2) The Social Security Act Amendments of 

2 1939 (Public Law 76–379) expanded the definition 

3 of employment to include service ‘‘on or in connec4 tion with an American vessel under contract of serv5 ice which is entered into within the United States or 

6 during the performance of which the vessel touches 

7 at a port in the United States, if the employee is 

8 employed on and in connection with such vessel’’. 

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

10 3, and 6 of the Neutrality Act of 1939, and for 

11 other purposes (Public Law 77–294; 55 Stat. 764) 

12 repealed section 6 of the Neutrality Act of 1939 (re13 lated to the arming of United States vessels) and 

14 authorized the President during the national emer15 gency to arm or permit to arm any United States 

16 vessel. 

17 (4) On February 7, 1942, President Franklin 

18 D. Roosevelt, through Executive Order Number 

19 9054, established the War Shipping Administration 

20 that was charged with building or purchasing, and 

21 operating the civilian shipping vessels needed for the 

22 war effort. 

23 (5) During World War II, United States mer24 chant mariners transported goods and materials 


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1 through ‘‘contested waters’’ to the various combat 

2 theaters. 

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

4 States merchant mariners were responsible for 

5 transporting several million members of the United 

6 States Armed Forces back to the United States. 

7 (7) The GI Bill Improvement Act of 1977 

8 (Public Law 95–202) provided that the Secretary of 

9 Defense could determine that service for the Armed 

10 Forces by organized groups of civilians, or contrac11 tors, be considered ‘‘active service’’ for benefits ad12 ministered by the Veterans Administration. 

13 (8) Department of Defense Directive 1000.20 

14 directed that the determination be made by the Sec15 retary of the Air Force, and established the Civilian/ 

16 Military Service Review Board and Advisory Panel. 

17 (9) In 1987, three merchant mariners along 

18 with the AFL–CIO sued Edward C. Aldridge, Sec19 retary of the Air Force, challenging the denial of 

20 their application for veterans status. In Schumacher 

21 v. Aldridge (665 F. Supp. 41 (D.D.C. 1987)), the 

22 Court determined that Secretary Aldridge had failed 

23 to ‘‘articulate clear and intelligible criteria for the 

24 administration’’ of the application approval process. 


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1 (10) During World War II, women were repeat2 edly denied issuance of official documentation af3 firming their merchant marine seaman status by the 

4 War Shipping Administration. 

5 (11) Coast Guard Information Sheet #77 

6 (April 1992) identifies the following acceptable 

7 forms of documentation for eligibility meeting the 

8 requirements set forth in the GI Bill Improvement 

9 Act of 1977 (Public Law 95–202) and Veterans 

10 Programs Enhancement Act of 1998 (Public Law 

11 105–368): 

12 (A) Certificate of shipping and discharge 

13 forms. 

14 (B) Continuous discharge books (ship’s 

15 deck or engine logbooks). 

16 (C) Company letters showing vessel names 

17 and dates of voyages. 

18 (12) Coast Guard Commandant Order of March 

19 20, 1944, relieved masters of tugs, towboats, and 

20 seagoing barges of the responsibility of submitting 

21 reports of seamen shipped or discharged on forms, 

22 meaning certificates of shipping and discharge forms 

23 are not available to all eligible individuals seeking to 

24 document their eligibility. 


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1 (13) Coast Guard Information Sheet #77 

2 (April 1992) states that ‘‘deck logs were tradition3 ally considered to be the property of the owners of 

4 the ships. After World War II, however, the deck 

5 and engine logbooks of vessels operated by the War 

6 Shipping Administration were turned over to that 

7 agency by the ship owners, and were destroyed dur8 ing the 1970s’’, meaning that continuous discharge 

9 books are not available to all eligible individuals 

10 seeking to document their eligibility. 

11 (14) Coast Guard Information Sheet #77 

12 (April, 1992) states ‘‘some World War II period log 

13 books do not name ports visited during the voyage 

14 due to wartime security restrictions’’, meaning that 

15 company letters showing vessel names and dates of 

16 voyages are not available to all eligible individuals 

17 seeking to document their eligibility. 

18 (b) METHODS FOR VALIDATING CERTAIN SERVICE

19 CONSIDERED TO BE ACTIVE SERVICE BY THE SEC20 RETARY OF VETERANS AFFAIRS.— 

21 (1) IN GENERAL.—For the purposes of 

22 verifying that an individual performed service under 

23 honorable conditions that satisfies the requirements 

24 of a coastwise merchant seaman who is recognized 

25 pursuant to section 401 of the GI Bill Improvement 


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1 Act of 1977 (Public Law 95–202; 38 U.S.C. 106 

2 note) as having performed active duty service for the 

3 purposes described in paragraph (3)(A), the Sec4 retary of Homeland Security shall accept the fol5 lowing: 

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

7 on a coastwise merchant vessel seeking such 

8 recognition for whom no applicable Coast 

9 Guard shipping or discharge form, ship logbook, 

10 merchant mariner’s document or Z-card, or 

11 other official employment record is available, 

12 the Secretary shall provide such recognition on 

13 the basis of applicable Social Security Adminis14 tration records submitted for or by the indi15 vidual, together with validated testimony given 

16 by the individual or the primary next of kin of 

17 the individual that the individual performed 

18 such service during the period beginning on De19 cember 7, 1941, and ending on December 31, 

20 1946. 

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

22 on a coastwise merchant vessel seeking such 

23 recognition for whom the applicable Coast 

24 Guard shipping or discharge form, ship logbook, 

25 merchant mariner’s document or Z-card, or 


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1 other official employment record has been de2 stroyed or otherwise become unavailable by rea3 son of any action committed by a person re4 sponsible for the control and maintenance of 

5 such form, logbook, or record, the Secretary 

6 shall accept other official documentation dem7 onstrating that the individual performed such 

8 service during period beginning on December 7, 

9 1941, and ending on December 31, 1946. 

10 (C) For the purpose of determining wheth11 er to recognize service allegedly performed dur12 ing the period beginning on December 7, 1941, 

13 and ending on December 31, 1946, the Sec14 retary shall recognize masters of seagoing ves15 sels or other officers in command of similarly 

16 organized groups as agents of the United States 

17 who were authorized to document any indi18 vidual for purposes of hiring the individual to 

19 perform service in the merchant marine or dis20 charging an individual from such service. 

21 (2) TREATMENT OF OTHER DOCUMENTA22 TION.—Other documentation accepted by the Sec23 retary of Homeland Security pursuant to paragraph 

24 (1)(B) shall satisfy all requirements for eligibility of 


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1 service during the period beginning on December 7, 

2 1941, and ending on December 31, 1946. 

3 (3) BENEFITS ALLOWED.— 

4 (A) BURIAL BENEFITS ELIGIBILITY.— 

5 Service of an individual that is considered ac6 tive duty pursuant to paragraph (1) shall be 

7 considered as active duty service with respect to 

8 providing burial benefits under chapters 23 and 

9 24 of title 38, United States Code, to the indi10 vidual. 

11 (B) MEDALS, RIBBONS, AND DECORA12 TIONS.—An individual whose service is recog13 nized as active duty pursuant to paragraph (1) 

14 may be awarded an appropriate medal, ribbon, 

15 or other military decoration based on such serv16 ice. 

17 (C) STATUS OF VETERAN.—An individual 

18 whose service is recognized as active duty pur19 suant to paragraph (1) shall be honored as a 

20 veteran but shall not be entitled by reason of 

21 such recognized service to any benefit that is 

22 not described in this subsection. 

23 (4) DETERMINATION OF COASTWISE MERCHANT

24 SEAMAN.—The Secretary of Homeland Security 

25 shall verify that an individual performed service 


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1 under honorable conditions that satisfies the require2 ments of a coastwise merchant seaman pursuant to 

3 this section without regard to the sex, age, or dis4 ability of the individual during the period in which 

5 the individual served as such a coastwise merchant 

6 seaman. 

7 (5) DEFINITION OF PRIMARY NEXT OF KIN.— 

8 In this section, the term ‘‘primary next of kin’’ with 

9 respect to an individual seeking recognition for serv10 ice under this section means the closest living rel11 ative of the individual who was alive during the pe12 riod of such service. 

13 (6) EFFECTIVE DATE.—This section shall take 

14 effect 90 days after the date of the enactment of 

15 this Act. 

16 SEC. 303. DESIGNATION OF AMERICAN WORLD WAR II CIT17 IES. 

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

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

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

21 (b) CRITERIA FOR DESIGNATION.—After the des22 ignation made under subsection (c), the Secretary, in con23 sultation with the Secretary of Defense, shall make each 

24 designation under subsection (a) based on the following 

25 criteria: 


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1 (1) Contributions by a city to the war effort 

2 during World War II, including those related to de3 fense manufacturing, bond drives, service in the 

4 Armed Forces, and the presence of military facilities 

5 within the city. 

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

7 the city’s contributions during World War II, includ8 ing through the establishment of preservation orga9 nizations or museums, restoration of World War II 

10 facilities, and recognition of World War II veterans. 

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

12 city of Wilmington, North Carolina, is designated as an 

13 ‘‘American World War II City’’. 

14 SEC. 304. OBSERVANCE OF VETERANS DAY. 

15 (a) TWO MINUTES OF SILENCE.—Chapter 1 of title 

16 36, United States Code, is amended by adding at the end 

17 the following new section: 

18 ‘‘§ 145. Veterans Day 

19 ‘‘The President shall issue each year a proclamation 

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

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

22 and sacrifice of veterans throughout the history of the Na23 tion, beginning at— 

24 ‘‘(1) 3:11 p.m. Atlantic standard time; 

25 ‘‘(2) 2:11 p.m. eastern standard time; 


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HR 2189 RFS

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

2 ‘‘(4) 12:11 p.m. mountain standard time; 

3 ‘‘(5) 11:11 a.m. Pacific standard time; 

4 ‘‘(6) 10:11 a.m. Alaska standard time; and 

5 ‘‘(7) 9:11 a.m. Hawaii-Aleutian standard 

6 time.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 for chapter 1 of title 36, United States Code, is amended 

9 by adding at the end the following new item: 

‘‘145. Veterans Day.’’. 

Passed the House of Representatives October 28, 

2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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