I 

113TH CONGRESS 

1ST SESSION H. R. 2189 

To establish a commission or task force to evaluate the backlog of disability 

claims of the Department of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2013 

Mr. MILLER of Florida (for himself and Mr. MCCARTHY of California) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To establish a commission or task force to evaluate the 

backlog of disability claims of the Department of Veterans Affairs. 

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

3 SECTION 1. EVALUATION OF BACKLOG OF DISABILITY 

4 CLAIMS OF DEPARTMENT OF VETERANS AF5 FAIRS. 

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

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

8 Department of Veterans Affairs. 

9 (b) STUDY.— 


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1 (1) IN GENERAL.—The Commission or Task 

2 Force shall carry out a study on the backlog of 

3 claims, including the current process the Secretary 

4 of Veterans Affairs uses to evaluate claims and ap5 peals and the laws and regulations applicable to 

6 such claims and appeals. Such study shall be a com7 prehensive evaluation and assessment of the backlog 

8 of claims, an analysis of possible improvements to 

9 the procedures used to process such claims, and any 

10 related issues that the Commission or Task Force 

11 considers relevant. 

12 (2) CONSIDERATION.—In carrying out the 

13 study under paragraph (1) and making any rec14 ommendations under this section, the Commission or 

15 Task Force shall consider the following: 

16 (A) The interests of veterans, including 

17 with respect to accuracy, fairness, and trans18 parency in the claims process of the Depart19 ment. 

20 (B) The values and requirements of the 

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


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1 (C) The public interest, including with re2 spect to the responsible use of available re3 sources. 

4 (D) The importance of the claimant friend5 ly, nonadversarial nature of the claims process. 

6 (3) MATTERS INCLUDED.—In carrying out the 

7 study under paragraph (1), the Commission or Task 

8 Force shall examine the following: 

9 (A) The backlog of claims, including an 

10 analysis of— 

11 (i) the most effective means to quickly 

12 and accurately resolve all claims pending 

13 as of the date of the study; and 

14 (ii) with respect to the Department, 

15 the annual funding, number of full-time 

16 employees, workload management prac17 tices, and the progress, as of the date of 

18 the study, of the transformation plan of 

19 the Department. 

20 (B) Possible improvements to the claims 

21 process, including an evaluation and rec22 ommendations with respect to whether sub23 stantive and structural changes to the overall 

24 claims process are required. 


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1 (C) In carrying out the evaluation and rec2 ommendations under subparagraph (B), an ex3 amination of— 

4 (i) options that make no major sub5 stantive changes to the claims process; 

6 (ii) options that maintain the process 

7 but make minor changes; and 

8 (iii) options that make broad changes 

9 to the process. 

10 (D) The appeals process, including— 

11 (i) an analysis of the necessity of the 

12 multi-tiered levels of appeals at the Re13 gional Office level, including filing a notice 

14 of disagreement, receipt of a statement of 

15 the case, supplemental statement of the 

16 case (if applicable), and substantive appeal 

17 (VA form 9); 

18 (ii) an analysis of the role of the 

19 Board of Veterans’ Appeals, including— 

20 (I) the effectiveness of the work21 load management of the Board; 

22 (II) whether the Board should be 

23 regionalized or maintain the central24 ized structure in the District of Co25 lumbia; and 


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1 (III) whether Board Members 

2 should be required to pass the admin3 istrative law judges certification exam4 ination; and 

5 (iii) an analysis of the role of the 

6 Court of Appeals for Veterans Claims and 

7 the Court of Appeals for the Federal Cir8 cuit, including— 

9 (I) the continued effectiveness 

10 and necessity of a two-tiered structure 

11 of judicial review; 

12 (II) the Article I status of the 

13 Court of Appeals for Veterans Claims; 

14 (III) expansion of either the 

15 Court of Appeals for Veterans Claims 

16 or the Court of Appeals for the Fed17 eral Circuit jurisdiction, including by 

18 allowing such Courts to hear class ac19 tion lawsuits with respect to claims; 

20 and 

21 (IV) the possibility of expanding 

22 judicial review of claims to all Federal 

23 circuit courts of appeals. 

24 (4) ROLE OF SECRETARY OF VETERANS AF25 FAIRS.— 


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1 (A) INFORMATION.—In carrying out a 

2 study on the backlog of claims under paragraph 

3 (1), the Commission or Task Force shall submit 

4 to the Secretary of Veterans Affairs, at times 

5 that the Commission or Task Force determines 

6 appropriate, information with respect to rem7 edies and solutions for the backlog of claims 

8 that the Commission or Task Force identifies 

9 pursuant to such study. 

10 (B) IMPLEMENTATION.—The Secretary 

11 shall— 

12 (i) fully consider the remedies and so13 lutions submitted under subparagraph (A); 

14 (ii) implement such remedies and so15 lutions as the Secretary determines appro16 priate; and 

17 (iii) submit to Congress justification 

18 for failing to implement any such remedy 

19 or solution. 

20 (c) REPORTS.— 

21 (1) INITIAL REPORT.—Not later than 60 days 

22 after the date on which the Commission or Task 

23 Force first meets, the Commission or Task Force 

24 shall submit to the President and Congress an initial 


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1 report on the study conducted under subsection (b), 

2 including— 

3 (A) the findings of the causes of the back4 log of claims; and 

5 (B) the level of cooperation the Commis6 sion or Task Force has received from the Sec7 retary of Veterans Affairs and the heads of 

8 other departments or agencies of the Federal 

9 Government. 

10 (2) INTERIM REPORTS.—Not later than 90 days 

11 after the date on which the Commission or Task 

12 Force first meets, and each 30-day period thereafter 

13 ending on the date on which the Commission or 

14 Task Force submits the final report under para15 graph (3), the Commission or Task Force shall sub16 mit to the President and Congress a report on— 

17 (A) the progress of the Secretary of Vet18 erans Affairs with respect to implementing solu19 tions to expedite the elimination of the backlog 

20 of claims pursuant to subsection (b)(4)(B)(ii); 

21 and 

22 (B) the level of cooperation the Commis23 sion or Task Force has received from the Sec24 retary of Veterans Affairs and the heads of 


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1 other departments or agencies of the Federal 

2 Government. 

3 (3) FINAL REPORT.—Not later than 180 days 

4 after the date on which the Commission or Task 

5 Force first meets, the Commission or Task Force 

6 shall submit to the President and Congress a report 

7 on the study conducted under subsection (b). The 

8 report shall include the following: 

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

11 Force with respect to the matters referred to in 

12 such subsection. 

13 (B) The recommendations of the Commis14 sion or Task Force for revising and improving 

15 the backlog of claims and the procedures used 

16 to process claims. 

17 (C) The progress of the Secretary of Vet18 erans Affairs with respect to implementing solu19 tions to expedite the elimination of the backlog 

20 of claims pursuant to subsection (b)(4)(B)(ii). 

21 (D) Other information and recommenda22 tions with respect to claims as the Commission 

23 or Task Force considers appropriate. 

24 (d) MEMBERSHIP.— 


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1 (1) NUMBER AND APPOINTMENT.—The Com2 mission or Task Force shall be composed of 15 

3 members, appointed as follows: 

4 (A) Two members appointed by the Speak5 er of the House of Representatives, at least one 

6 of whom shall be a veteran. 

7 (B) Two members appointed by the minor8 ity leader of the House of Representatives, at 

9 least one of whom shall be a veteran. 

10 (C) Two members appointed by the major11 ity leader of the Senate, at least one of whom 

12 shall be a veteran. 

13 (D) Two members appointed by the minor14 ity leader of the Senate, at least one of whom 

15 shall be a veteran. 

16 (E) Three members appointed by the 

17 President, at least two of whom shall be vet18 erans. 

19 (F) Two members appointed by the Sec20 retary of Defense. 

21 (G) Two members appointed by the Sec22 retary of Veteran Affairs, at least one of whom 

23 shall be a veteran, and at least one of whom 

24 shall be an employee of the Veterans Benefits 

25 Administration. 


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1 (2) ADVISORS.—In addition to the 15 members 

2 appointed under paragraph (1), the Commission or 

3 Task Force shall— 

4 (A) have five nonvoting, nonmember advi5 sors, appointed by a majority of the Commis6 sion or Task Force from various veterans serv7 ice organizations; and 

8 (B) seek advice from experts from non9 governmental organizations (including veterans 

10 service organizations and military organiza11 tions), the Internet technology industry, and 

12 the insurance industry. 

13 (3) CHAIRMAN.—The President shall designate 

14 a member of the Commission or Task Force to be 

15 the chairman. 

16 (4) PERIOD OF APPOINTMENT.—Members of 

17 the Commission or Task Force shall be appointed 

18 for the life of the Commission or Task Force. A va19 cancy shall not affect its powers. 

20 (5) VACANCY.—A vacancy on the Commission 

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

22 the original appointment was made. 

23 (6) APPOINTMENT DEADLINE.—The appoint24 ment of members of the Commission or Task Force 

25 established in this section shall be made not later 


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

2 Act. 

3 (e) MEETINGS.— 

4 (1) INITIAL MEETING.—The Commission or 

5 Task Force shall hold its first meeting not later 

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

7 the members are appointed. 

8 (2) MEETINGS.—The Commission or Task 

9 Force shall meet at the call of the chairman. 

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

11 the Commission or Task Force shall constitute a 

12 quorum, but a lesser number may hold hearings. 

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

14 (1) HEARINGS.—The Commission or Task 

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

16 times and places, take such testimony, and receive 

17 such evidence as the Commission or Task Force con18 siders advisable to carry out the purposes of this 

19 section. 

20 (2) INFORMATION FROM FEDERAL AGENCIES.— 

21 The Commission or Task Force may secure directly 

22 from any department or agency of the Federal Gov23 ernment such information as the Commission or 

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1 man, the head of such department or agency shall 

2 furnish such information to the Commission or Task 

3 Force. 

4 (3) POSTAL SERVICES.—The Commission or 

5 Task Force may use the United States mails in the 

6 same manner and under the same conditions as 

7 other departments and agencies of the Federal Gov8 ernment. 

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

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

11 service or property. 

12 (g) PERSONNEL MATTERS.— 

13 (1) COMPENSATION OF MEMBERS.—Each mem14 ber of the Commission or Task Force who is not an 

15 officer or employee of the United States shall be 

16 compensated at a rate equal to the daily equivalent 

17 of the annual rate of basic pay prescribed for level 

18 IV of the Executive Schedule under section 5315 of 

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

20 travel time) during which the member is engaged in 

21 the performance of the duties of the Commission or 

22 Task Force. All members of the Commission or 

23 Task Force who are officers or employees of the 

24 United States shall serve without compensation in 


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1 addition to that received for their services as officers 

2 or employees of the United States. 

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

4 Commission or Task Force shall be allowed travel 

5 expenses, including per diem in lieu of subsistence, 

6 at rates authorized for employees of agencies under 

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

8 Code, while away from their homes or regular places 

9 of business in the performance of service of the 

10 Commission or Task Force. 

11 (3) STAFF.— 

12 (A) The chairman of the Commission or 

13 Task Force may, without regard to the civil 

14 service laws and regulations, appoint an execu15 tive director and such other personnel as may 

16 be necessary to enable the Commission or Task 

17 Force to perform its duties. The appointment of 

18 an executive director shall be subject to the ap19 proval of the Commission or Task Force. 

20 (B) The chairman of the Commission or 

21 Task Force may fix the compensation of the ex22 ecutive director and other personnel without re23 gard to the provisions of chapter 51 and sub24 chapter III of chapter 53 of title 5, United 

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1 tions and General Schedule pay rates, except 

2 that the rate of pay for the executive director 

3 and other personnel may not exceed the rate 

4 payable for level V of the Executive Schedule 

5 under section 5316 of such title. 

6 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

7 Upon request of the chairman of the Commission or 

8 Task Force, the head of any department or agency 

9 of the Federal Government may detail, on a nonre10 imbursable basis, any personnel of that department 

11 or agency to the Commission or Task Force to assist 

12 it in carrying out its duties. 

13 (5) PROCUREMENT OF TEMPORARY AND INTER14 MITTENT SERVICES.—The chairman of the Commis15 sion or Task Force may procure temporary and 

16 intermittent services under section 3109(b) of title 

17 5, United States Code, at rates for individuals which 

18 do not exceed the daily equivalent of the annual rate 

19 of basic pay prescribed for level V of the Executive 

20 Service under section 5316 of such title. 

21 (h) TERMINATION OF COMMISSION OR TASK

22 FORCE.—The Commission or Task Force shall terminate 

23 60 days after the date on which the Commission or Task 

24 Force submits the final report under subsection (c)(3). 

25 (i) FUNDING.— 


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

2 the request of the chairman of the Commission or 

3 Task Force, make available to the Commission or 

4 Task Force such amounts as the Commission or 

5 Task Force may require to carry out the duties of 

6 the Commission or Task Force under this section. 

7 (2) AVAILABILITY.—Any sums made available 

8 to the Commission or Task Force shall remain avail9 able, without fiscal year limitation, until the termi10 nation of the Commission or Task Force. 

11 (j) CLAIM DEFINED.—In this section, the term 

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

13 the laws administered by the Secretary of Veterans Af14 fairs. 

Æ 


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