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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 517 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 517

To establish a task force to evaluate the backlog of appeals to claims 
            submitted to the Secretary of Veterans Affairs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 22, 2015

  Ms. Titus introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To establish a task force to evaluate the backlog of appeals to claims 
            submitted to the Secretary of Veterans Affairs.

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

SECTION 1. EVALUATION OF THE SURGE OF APPEALS OF VETERANS CLAIMS.

    (a) In General.--There is established a task force (in this section 
referred to as the ``Appeals Task Force'') to evaluate the backlog of 
appeals of claims within the Board of Veterans' Appeals and the United 
States Court of Appeals for Veterans Claims.
    (b) Study.--
            (1) In general.--The Appeals Task Force shall carry out a 
        study on the anticipated increase of appeals of claims, 
        including the current process all parties use to evaluate 
        appeals and the laws and regulations applicable to such claims 
        and appeals. Such study shall be a comprehensive evaluation and 
        assessment of the backlog of claims, an analysis of possible 
        improvements to the procedures used to process such appeals, 
        and any related issues that the Appeals Task Force considers 
        relevant.
            (2) Consideration.--In carrying out the study under 
        paragraph (1) and making any recommendations under this 
        section, the Appeals Task Force shall consider the following:
                    (A) The interests of veterans, including with 
                respect to accuracy, fairness, and transparency in the 
                appeals process of the Board and the Court.
                    (B) The values and requirements of the 
                Constitution, including with respect to compliance with 
                procedural and substantive due process.
                    (C) The public interest, including with respect to 
                the responsible use of available resources.
                    (D) The importance of the claimant friendly, 
                nonadversarial nature of the appeals process.
            (3) Matters included.--In carrying out the study under 
        paragraph (1), the Appeals Task Force shall examine the 
        following:
                    (A) The anticipated surge in appeals of claims, 
                including an analysis of--
                            (i) the most effective means to quickly and 
                        accurately resolve pending appeals and future 
                        appeals;
                            (ii) with respect to both the Board and the 
                        Court, the annual funding, number of full-time 
                        employees, workload management practices, and 
                        the progress, as of the date of the study, of 
                        the transformation plan of the Department; and
                            (iii) the efficiency, effectiveness, and 
                        utility of the Veterans Benefits Management 
                        System with respect to appeals operations, 
                        including an identification of key changes that 
                        may need to be implemented to such system.
                    (B) Possible improvements to the appeals process, 
                including an evaluation and recommendations with 
                respect to whether substantive and structural changes 
                to the overall appeals process are required.
                    (C) In carrying out the evaluation and 
                recommendations under subparagraph (B), an examination 
                of--
                            (i) options that make no major substantive 
                        changes to the appeals process;
                            (ii) options that maintain the process but 
                        make minor changes;
                            (iii) options that make broad changes to 
                        the process;
                            (iv) the necessity of the multi-tiered 
                        levels of appeals at the regional office level, 
                        including filing a notice of disagreement, 
                        receipt of a statement of the case, 
                        supplemental statement of the case (if 
                        applicable), and substantive appeal (VA Form 
                        9);
                            (v) the role of the Board and the Appeals 
                        Management Center, including--
                                    (I) the effectiveness of the 
                                workload management of the Board and 
                                the Center;
                                    (II) whether the Board and Center 
                                should be regionalized or maintain the 
                                centralized structure in the District 
                                of Columbia; and
                                    (III) whether Board Members should 
                                be required to pass the administrative 
                                law judges certification examination; 
                                and
                            (vi) the role of the Court and the United 
                        States Court of Appeals for the Federal 
                        Circuit, including--
                                    (I) the continued effectiveness and 
                                necessity of a two-tiered structure of 
                                judicial review;
                                    (II) the article I status of the 
                                Court;
                                    (III) expansion of either the Court 
                                or the United States Court of Appeals 
                                for the Federal Circuit jurisdiction, 
                                including by allowing such courts to 
                                hear class action lawsuits with respect 
                                to claims; and
                                    (IV) the possibility of expanding 
                                judicial review of claims to all 
                                Federal circuit courts of appeals.
            (4) Role of secretary of veterans affairs.--
                    (A) Information.--In carrying out a study on the 
                backlog of claims under paragraph (1), the Appeals Task 
                Force shall submit to the Secretary of Veterans 
                Affairs, Chairman of the Board of Veterans' Appeals, 
                and the Court, at times that the Appeals Task Force 
                determines appropriate, information with respect to 
                remedies and solutions for the Appeals Task Force 
                identifies pursuant to such study.
                    (B) Implementation.--The Secretary, the Board, and 
                the Court shall--
                            (i) fully consider the remedies and 
                        solutions submitted under subparagraph (A);
                            (ii) implement such remedies and solutions 
                        as the Secretary determines appropriate; and
                            (iii) submit to Congress justification for 
                        failing to implement any such remedy or 
                        solution.
            (5) Plan.--The Appeals Task Force shall submit to the 
        Secretary of Veterans Affairs, Chairman of the Board of 
        Veterans' Appeals, and the Court a feasible, timely, and cost 
        effective plan to eliminate the backlog of appeals of claims 
        based on the remedies and solutions identified pursuant to the 
        study under paragraph (1) and the information submitted under 
        paragraph (4)(A).
    (c) Reports.--
            (1) Initial report.--Not later than 180 days after the date 
        on which the Appeals Task Force first meets, the Appeals Task 
        Force shall submit to the President and Congress an initial 
        report on the study conducted under subsection (b), including--
                    (A) a proposed plan to handle the anticipated surge 
                in appeals of claims; and
                    (B) the level of cooperation the Appeals Task Force 
                has received from the Secretary, the Board, and the 
                Court and the heads of other departments or agencies of 
                the Federal Government.
            (2) Interim reports.--Not later than 180 days after the 
        date on which the Appeals Task Force first meets, and each 30-
        day period thereafter ending on the date on which the Appeals 
        Task Force submits the final report under paragraph (3), the 
        Appeals Task Force shall submit to the President and Congress a 
        report on--
                    (A) the progress of the Board and the Court with 
                respect to implementing solutions to complete appeals 
                of claims in a timely manner; and
                    (B) the level of cooperation the Appeals Task Force 
                has received from the Secretary, the Board, and the 
                Court and the heads of other departments or agencies of 
                the Federal Government.
            (3) Final report.--Not later than 180 days after the date 
        on which the Appeals Task Force first meets, the Appeals Task 
        Force shall submit to the President and Congress a report on 
        the study conducted under subsection (b). The report shall 
        include the following:
                    (A) The findings, conclusions, and recommendations 
                of the Appeals Task Force with respect to the matters 
                referred to in such subsection.
                    (B) The recommendations of the Appeals Task Force 
                for revising and improving appellant procedures.
                    (C) The information described in subsection 
                (b)(4)(A).
                    (D) The feasible, timely, and cost effective plan 
                described in subsection (b)(5).
                    (E) The progress of the Secretary, the Board, and 
                the Court with respect to implementing solutions to 
                provide timely appeals of claims.
                    (F) Other information and recommendations with 
                respect to claims as the Appeals Task Force considers 
                appropriate.
    (d) Membership.--
            (1) Number and appointment.--The Appeals Task Force shall 
        be composed of 15 members, appointed as follows:
                    (A) One member appointed by the Speaker of the 
                House of Representatives, at least one of whom shall be 
                a veteran.
                    (B) One member appointed by the minority leader of 
                the House of Representatives, at least one of whom 
                shall be a veteran.
                    (C) One member appointed by the majority leader of 
                the Senate, at least one of whom shall be a veteran.
                    (D) One member appointed by the minority leader of 
                the Senate, at least one of whom shall be a veteran.
                    (E) One member appointed by the President.
                    (F) Six members appointed by the Secretary of 
                Veteran Affairs--
                            (i) one of whom shall be an employee of the 
                        Office of the Secretary;
                            (ii) two of whom shall be employees of the 
                        Veterans Benefits Administration; and
                            (iii) three of whom shall be members of a 
                        veterans service organization.
                    (G) Two members appointed by the Board.
                    (H) Two members appointed by the Court.
            (2) Chairman and co-chairmen.--Of the members of the 
        Appeals Task Force described in subparagraphs (G) and (H) of 
        paragraph (1) and clauses (i) and (ii) of subparagraph (F) of 
        such paragraph, the Secretary of Veterans Affairs shall appoint 
        one member to be chairman and two members to be co-chairmen.
            (3) Period of appointment.--Members of the Appeals Task 
        Force shall be appointed for the life of the Appeals Task 
        Force. A vacancy shall not affect its powers.
            (4) Vacancy.--A vacancy on the Appeals Task Force shall be 
        filled in the manner in which the original appointment was 
        made.
            (5) Appointment deadline.--The appointment of members of 
        the Appeals Task Force established in this section shall be 
        made not later than 45 days after the date of the enactment of 
        this Act.
    (e) Meetings.--
            (1) Initial meeting.--The Appeals Task Force shall hold its 
        first meeting not later than 30 days after the date on which a 
        majority of the members are appointed.
            (2) Meetings.--The Appeals Task Force shall meet at the 
        call of the chairman.
            (3) Quorum.--A majority of the members of the Appeals Task 
        Force shall constitute a quorum, but a lesser number may hold 
        hearings.
    (f) Powers of the Appeals Task Force.--
            (1) Hearings.--The Appeals Task Force may hold such 
        hearings, sit and act at such times and places, take such 
        testimony, and receive such evidence as the Appeals Task Force 
        considers advisable to carry out the purposes of this section. 
        In addition, the Appeals Task Force may invite and consider 
        such information from individuals and organizations as the 
        Chairman and co-chairmen consider appropriate.
            (2) Information from federal agencies.--The Appeals Task 
        Force may secure directly from any department or agency of the 
        Federal Government such information as the Appeals Task Force 
        considers necessary to carry out the provisions of this 
        section. Upon request of the chairman, the head of such 
        department or agency shall furnish such information to the 
        Appeals Task Force.
            (3) Postal services.--The Appeals Task Force may use the 
        United States mails in the same manner and under the same 
        conditions as other departments and agencies of the Federal 
        Government.
            (4) Gifts.--The Appeals Task Force may accept, use, and 
        dispose of gifts or donations of service or property.
    (g) Personnel Matters.--
            (1) Compensation of members.--Each member of the Appeals 
        Task Force who is not an officer or employee of the United 
        States shall be compensated at a rate equal to the daily 
        equivalent of the annual rate of basic pay prescribed for level 
        IV of the Executive Schedule under section 5315 of title 5, 
        United States Code, for each day (including travel time) during 
        which the member is engaged in the performance of the duties of 
        the Appeals Task Force. All members of the Appeals Task Force 
        who are officers or employees of the United States shall serve 
        without compensation in addition to that received for their 
        services as officers or employees of the United States.
            (2) Travel expenses.--The members of the Appeals Task Force 
        shall be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of service of the Appeals Task Force.
            (3) Staff.--
                    (A) Executive director.--The chairman of the 
                Appeals Task Force may, without regard to the civil 
                service laws and regulations, appoint an executive 
                director and such other personnel as may be necessary 
                to enable the Appeals Task Force to perform its duties. 
                The appointment of an executive director shall be 
                subject to the approval of the Appeals Task Force.
                    (B) Compensation.--The chairman of the Appeals Task 
                Force may fix the compensation of the executive 
                director and other personnel without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates, except that the rate of pay for the executive 
                director and other personnel may not exceed the rate 
                payable for level V of the Executive Schedule under 
                section 5316 of such title.
            (4) Detail of government employees.--Upon request of the 
        chairman of the Appeals Task Force, the head of any department 
        or agency of the Federal Government may detail, on a 
        nonreimbursable basis, any personnel of that department or 
        agency to the Appeals Task Force to assist it in carrying out 
        its duties.
            (5) Procurement of temporary and intermittent services.--
        The chairman of the Appeals Task Force may procure temporary 
        and intermittent services under section 3109(b) of title 5, 
        United States Code, at rates for individuals which do not 
        exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Service under section 
        5316 of such title.
    (h) Termination of Appeals Task Force.--The Appeals Task Force 
shall terminate 60 days after the date on which the Appeals Task Force 
submits the final report under subsection (c)(3).
    (i) Funding.--
            (1) In general.--The Secretary shall, upon the request of 
        the chairman of the Appeals Task Force, make available to the 
        Appeals Task Force such amounts as the Appeals Task Force may 
        require to carry out the duties of the Appeals Task Force under 
        this section.
            (2) Availability.--Any sums made available to the Appeals 
        Task Force shall remain available, without fiscal year 
        limitation, until the termination of the Appeals Task Force.
    (j) Definitions.--In this section:
            (1) The term ``Board'' means the Board of Veterans' 
        Appeals.
            (2) The term ``claim'' means a claim for disability 
        compensation under the laws administered by the Secretary of 
        Veterans Affairs.
            (3) The term ``Court'' means the United States Court of 
        Appeals for Veterans Claims.
                                 <all>
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