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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4766 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4766

 To prohibit the Secretary of Veterans Affairs from paying bonuses to 
   certain employees of the Department of Veterans Affairs until the 
backlog of disability claims is resolved, to establish a commission to 
             evaluate such backlog, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 29, 2014

  Mr. Gardner (for himself, Mr. Tipton, Mr. Lamborn, and Mrs. Lummis) 
 introduced the following bill; which was referred to the Committee on 
Veterans' Affairs, and in addition to the Committee on Armed Services, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To prohibit the Secretary of Veterans Affairs from paying bonuses to 
   certain employees of the Department of Veterans Affairs until the 
backlog of disability claims is resolved, to establish a commission to 
             evaluate such backlog, and for other purposes.

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

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. Limitation on payment of bonuses until the resolution of the 
                            backlog of disability claims.
Sec. 3. Evaluation of backlog of disability claims and appeals of 
                            claims of Department of Veterans Affairs.
Sec. 4. Supplemental reports to the Strategic Plan to Eliminate the 
                            Compensation Claims Backlog.
Sec. 5. Expedition of transfer of certain records.
Sec. 6. Claims processors training.
Sec. 7. Report by Comptroller General of the United States.
Sec. 8. Priority for processing claims of the Department of Veterans 
                            Affairs.
Sec. 9. Public availability of certain information about pending and 
                            completed claims for compensation under the 
                            laws administered by the Secretary of 
                            Veterans Affairs.
Sec. 10. Annual report on processing of claims.
Sec. 11. Department of Veterans Affairs notice of average times for 
                            processing claims and percentage of claims 
                            approved.
Sec. 12. Claim defined.

SEC. 2. LIMITATION ON PAYMENT OF BONUSES UNTIL THE RESOLUTION OF THE 
              BACKLOG OF DISABILITY CLAIMS.

    The Secretary of Veterans Affairs may not pay to an individual who 
is employed in the Senior Executive Service an award or bonus under 
chapter 45 or 53 of title 5, United States Code, or any other award or 
bonus authorized under such title, until the date on which the 
Secretary certifies to the Committees on Veterans' Affairs of the House 
of Representatives and the Senate that the backlog of disability claims 
has been resolved.

SEC. 3. EVALUATION OF BACKLOG OF DISABILITY CLAIMS AND APPEALS OF 
              CLAIMS OF DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--There is established a commission or task force to 
evaluate the backlog of claims within the Department of Veterans 
Affairs and the appeals process of claims.
    (b) Studies.--
            (1) Backlog study.--
                    (A) In general.--The Commission or Task Force, 
                acting through the subcommittee described in subsection 
                (d)(2)(A), shall carry out a study on the backlog of 
                claims, including the current process the Secretary of 
                Veterans Affairs uses to evaluate claims and appeals 
                and the laws and regulations applicable to such claims 
                and appeals. Such study shall be a comprehensive 
                evaluation and assessment of the backlog of claims, an 
                analysis of possible improvements to the procedures 
                used to process such claims, and any related issues 
                that the Commission or Task Force considers relevant.
                    (B) Matters included.--In carrying out the study 
                under subparagraph (A), the Commission or Task Force 
                shall examine the following:
                            (i) The backlog of claims, including an 
                        analysis of--
                                    (I) the most effective means to 
                                quickly and accurately resolve all 
                                claims pending as of the date of the 
                                study; and
                                    (II) with respect to the 
                                Department, the annual funding, number 
                                of full-time employees, workload 
                                management practices, and the progress, 
                                as of the date of the study, of the 
                                strategic plan.
                            (ii) Possible improvements to the claims 
                        process, including an evaluation and 
                        recommendations with respect to whether 
                        substantive and structural changes to the 
                        overall claims process are required.
                            (iii) In carrying out the evaluation and 
                        recommendations under subparagraph (B), an 
                        examination of--
                                    (I) options that make no major 
                                substantive changes to the claims 
                                process;
                                    (II) options that maintain the 
                                process but make minor changes; and
                                    (III) options that make broad 
                                changes to the process.
            (2) Appeals process study.--
                    (A) In general.--The Commission or Task Force, 
                acting through the subcommittee described in subsection 
                (d)(2)(B), shall carry out a study on the anticipated 
                increase of appeals of claims, including the current 
                appeals process and the laws and regulations applicable 
                to such appeals. Such study shall be a comprehensive 
                evaluation and assessment of such anticipated increase 
                of appeals claims, an analysis of possible improvements 
                to the procedures used to process such appeals, and any 
                related issues that the Commission or Task Force 
                considers relevant.
                    (B) Matters included.--In carrying out the study 
                under subparagraph (A), the Commission or Task Force 
                shall examine the following:
                            (i) 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 of Appeals for Veterans 
                                Claims, the annual funding, number of 
                                full-time employees, workload 
                                management practices, and the progress, 
                                as of the date of the study, of the 
                                strategic plan; 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.
                            (ii) 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.
                            (iii) In carrying out the evaluation and 
                        recommendations under clause (ii), 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--
                                            (aa) the effectiveness of 
                                        the workload management of the 
                                        Board and the Center;
                                            (bb) whether the Board and 
                                        Center should be regionalized 
                                        or maintain the centralized 
                                        structure in the District of 
                                        Columbia;
                                            (cc) whether Board members 
                                        should be required to pass the 
                                        administrative law judges 
                                        certification examination; and
                                            (dd) whether the Board 
                                        should continue to require de 
                                        novo review of appeals; and
                                    (VI) the role of the Court of 
                                Appeals for Veterans Claims and the 
                                United States Court of Appeals for the 
                                Federal Circuit, including--
                                            (aa) the continued 
                                        effectiveness and necessity of 
                                        a multi-tiered structure of 
                                        judicial review;
                                            (bb) whether the Court of 
                                        Appeals for Veterans Claims 
                                        should have article I or 
                                        article III status;
                                            (cc) expansion of either 
                                        the Court of Appeals for 
                                        Veterans Claims 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
                                            (dd) the possibility of 
                                        expanding judicial review of 
                                        claims to all Federal circuit 
                                        courts of appeals or allowing 
                                        judicial review beyond the 
                                        Court of Appeals for Veterans 
                                        Claims only by the Supreme 
                                        Court.
            (3) Consideration.--In carrying out the studies under 
        paragraph (1)(A) and (2)(A) and making any recommendations 
        under this section, the Commission or Task Force shall consider 
        the following:
                    (A) The interests of veterans, including with 
                respect to accuracy, fairness, and transparency in the 
                claims process of the Department.
                    (B) The values and requirements of the 
                Constitution, including with respect to compliance with 
                procedural and substantive due process.
                    (C) The public interest, including with respect to 
                the responsible use of available resources.
                    (D) With respect to the study conducted under 
                paragraph (1)(A), the importance of the claimant 
                friendly, nonadversarial nature of the claims process.
                    (E) With respect to the study conducted under 
                paragraph (2)(A), the importance of an appeals process 
                that is efficient and easily understandable by a 
                claimant.
            (4) Role of secretary, chairman of the board, and chief 
        judge.--
                    (A) Information.--In carrying out each study under 
                paragraph (1)(A) and (2)(A), at times that the 
                Commission or Task Force determines appropriate, the 
                Commission or Task Force shall submit to the Secretary 
                of Veterans Affairs, the Chairman of the Board, and the 
                Chief Judge of the Court of Appeals for Veterans 
                Claims, as the case may be, information with respect to 
                remedies and solutions that the Commission or Task 
                Force identifies pursuant to such a study.
                    (B) Implementation.--The Secretary, the Chairman of 
                the Board, and the Chief Judge shall each--
                            (i) fully consider the remedies and 
                        solutions submitted to the Secretary, the 
                        Chairman, or the Chief Judge, as the case may 
                        be, under subparagraph (A);
                            (ii) implement such remedies and solutions 
                        as the Secretary, the Chairman, or the Chief 
                        Judge, respectively, determines appropriate; 
                        and
                            (iii) submit to Congress justification for 
                        failing to implement any such remedy or 
                        solution.
                    (C) Plan.--The Commission or Task Force shall 
                submit to the Secretary, the Chairman of the Board, and 
                the Chief Judge 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 (2)(A) and the information 
                submitted under subparagraph (A).
    (c) Comprehensive Reports.--
            (1) Initial comprehensive report.--Not later than 60 days 
        after the date on which the Commission or Task Force first 
        meets, the Commission or Task Force shall submit to the 
        President and Congress an initial comprehensive report on the 
        studies conducted under paragraphs (1)(A) and (2)(A) of 
        subsection (b), including--
                    (A) the findings of the causes of the backlog of 
                claims;
                    (B) a proposed plan to handle the anticipated surge 
                in appeals of claims; and
                    (C) the level of cooperation the Commission or Task 
                Force has received from the Secretary and the heads of 
                other departments or agencies of the Federal 
                Government.
            (2) Interim comprehensive reports.--Not later than 90 days 
        after the date on which the Commission or Task Force first 
        meets, and each 30-day period thereafter ending on the date on 
        which the Commission or Task Force submits the final 
        comprehensive report under paragraph (3), the Commission or 
        Task Force shall submit to the President and Congress a 
        comprehensive report on--
                    (A) the progress of the Secretary with respect to 
                implementing solutions to expedite the elimination of 
                the backlog of claims pursuant to subsection 
                (b)(4)(B)(ii);
                    (B) the progress of the Secretary, the Chairman of 
                the Board, and the Chief Judge of the Court of Appeals 
                for Veterans Claims with respect to implementing 
                solutions to complete appeals of claims in a timely 
                manner in a timely manner pursuant to such subsection; 
                and
                    (C) the level of cooperation the Commission or Task 
                Force has received from the Secretary and the heads of 
                other departments or agencies of the Federal 
                Government.
            (3) Final comprehensive report.--Not later than 180 days 
        after the date on which the Commission or Task Force first 
        meets, the Commission or Task Force shall submit to the 
        President and Congress a comprehensive report on the following:
                    (A) With respect to the study conducted under 
                subsection (b)(1)(A)--
                            (i) The findings, conclusions, and 
                        recommendations of the Commission or Task Force 
                        with respect to the matters referred to in such 
                        subsection.
                            (ii) The recommendations of the Commission 
                        or Task Force for revising and improving the 
                        backlog of claims and the procedures used to 
                        process claims.
                            (iii) The progress of the Secretary with 
                        respect to implementing solutions to expedite 
                        the elimination of the backlog of claims 
                        pursuant to subsection (b)(4)(B)(ii).
                            (iv) Other information and recommendations 
                        with respect to claims as the Commission or 
                        Task Force considers appropriate.
                    (B) With respect to the study conducted under 
                subsection (b)(2)(A)--
                            (i) The findings, conclusions, and 
                        recommendations of the Commission or Task Force 
                        with respect to the matters referred to in such 
                        subsection.
                            (ii) The recommendations of the Commission 
                        or Task Force for revising and improving the 
                        appeals process;
                            (iii) The information described in 
                        subsection (b)(4)(A).
                            (iv) The feasible, timely, and cost 
                        effective plan described in subsection 
                        (b)(4)(C).
                            (v) The progress of the Secretary, the 
                        Chairman of the Board, and the Chief Judge of 
                        the Court of Appeals for Veterans Claims with 
                        respect to implementing solutions to provide 
                        timely appeals of claims.
                            (vi) Other information and recommendations 
                        with respect to the appeals process as the 
                        Commission or Task Force considers appropriate.
    (d) Membership.--
            (1) Number and appointment.--The Commission or Task Force 
        shall be composed of 15 members, appointed as follows:
                    (A) Two members appointed by the Speaker of the 
                House of Representatives, one of whom shall be 
                designated to serve upon the Subcommittee on the 
                Backlog of Claims and one of whom shall be designated 
                to serve upon the Subcommittee on Appeals.
                    (B) Two members appointed by the minority leader of 
                the House of Representatives, one of whom shall be 
                designated to serve upon the Subcommittee on the 
                Backlog of Claims and one of whom shall be designated 
                to serve upon the Subcommittee on Appeals.
                    (C) Two members appointed by the majority leader of 
                the Senate, one of whom shall be designated to serve 
                upon the Subcommittee on the Backlog of Claims and one 
                of whom shall be designated to serve upon the 
                Subcommittee on Appeals.
                    (D) Two members appointed by the minority leader of 
                the Senate, one of whom shall be designated to serve 
                upon the Subcommittee on the Backlog of Claims and one 
                of whom shall be designated to serve upon the 
                Subcommittee on Appeals.
                    (E) Three members appointed by the President, two 
                of whom shall be designated to serve upon the 
                Subcommittee on the Backlog of Claims and one of whom 
                shall be designated to serve upon the Subcommittee on 
                Appeals.
                    (F) One member appointed by the Secretary of 
                Defense, whom shall be designated to serve upon the 
                Subcommittee on the Backlog of Claims.
                    (G) Two members appointed by the Secretary of 
                Veterans Affairs, one of whom shall be designated to 
                serve upon the Subcommittee on the Backlog of Claims 
                and one of whom shall be designated to serve upon the 
                Subcommittee on Appeals.
                    (H) One member appointed by the Chief Judge of the 
                Court of Appeals for Veterans Claims, whom shall be 
                designated to serve upon the Subcommittee on Appeals.
            (2) Subcommittees.--The Commission or Task Force shall have 
        two subcommittees as follows:
                    (A) A Subcommittee on the Backlog of Claims 
                consisting of the eight members designated in 
                accordance with paragraph (1).
                    (B) A Subcommittee on Appeals consisting of the 
                seven members designated in accordance with paragraph 
                (1).
            (3) Qualifications.--Each member appointed under paragraph 
        (1) shall be appointed based on the experience of the member as 
        a veteran or on the subject matter expertise or other relevant 
        experience of the member.
            (4) Advisors.--
                    (A) In general.--In addition to the 15 members 
                appointed under paragraph (1), the Commission or Task 
                Force shall--
                            (i) have five nonvoting, nonmember 
                        advisors, appointed by a majority of the 
                        Commission or Task Force, each from a different 
                        organization that represents the interests of 
                        veterans; and
                            (ii) seek advice from experts from 
                        nongovernmental organizations (including 
                        veterans service organizations and military 
                        organizations), the Internet technology 
                        industry, and the insurance industry.
                    (B) Advice.--Individuals described in clause (i) 
                and (ii) of subparagraph (A) shall provide advice to 
                both subcommittees described in paragraph (2).
            (5) Chairman.--The President shall designate a member of 
        the Commission or Task Force who is appointed by the President 
        and designated to serve upon the Subcommittee on the Backlog of 
        Claims to serve as the chairman of the Commission or Task 
        Force. The chairman may designate a member to serve as the 
        chairman of the Subcommittee on the Backlog of Claims and a 
        member to serve as the chairman of the Subcommittee on Appeals 
        to chair such subcommittees as the designee of the chairman of 
        the Commission or Task Force.
            (6) Period of appointment.--Members of the Commission or 
        Task Force shall be appointed for the life of the Commission or 
        Task Force. A vacancy shall not affect its powers.
            (7) Vacancy.--A vacancy on the Commission or Task Force 
        shall be filled in the manner in which the original appointment 
        was made.
            (8) Appointment deadline.--The appointment of members of 
        the Commission or Task Force established in this section shall 
        be made not later than 15 days after the date of the enactment 
        of this Act.
    (e) Meetings.--
            (1) Initial meeting.--The Commission or Task Force shall 
        hold its first meeting not later than 15 days after the date on 
        which a majority of the members are appointed.
            (2) Meetings.--The Commission or Task Force shall meet at 
        the call of the chairman.
            (3) Quorum.--A majority of the members of the Commission or 
        Task Force shall constitute a quorum, but a lesser number may 
        hold hearings.
    (f) Powers of the Commission or Task Force.--
            (1) Hearings.--The Commission or Task Force may hold such 
        hearings, sit and act at such times and places, take such 
        testimony, and receive such evidence as the Commission or Task 
        Force considers advisable to carry out the purposes of this 
        section.
            (2) Information from federal agencies.--The Commission or 
        Task Force may secure directly from any department or agency of 
        the Federal Government such information as the Commission or 
        Task Force considers necessary to carry out the provisions of 
        this section. Upon request of the chairman, the head of such 
        department or agency shall furnish such information to the 
        Commission or Task Force.
            (3) Postal services.--The Commission or Task Force may use 
        the United States mails in the same manner and under the same 
        conditions as other departments and agencies of the Federal 
        Government.
            (4) Gifts.--The Commission or Task Force may accept, use, 
        and dispose of gifts or donations of service or property.
    (g) Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission 
        or Task Force who is not an officer or employee of the United 
        States shall be compensated at a rate equal to the daily 
        equivalent of the annual rate of basic pay prescribed for level 
        IV of the Executive Schedule under section 5315 of title 5, 
        United States Code, for each day (including travel time) during 
        which the member is engaged in the performance of the duties of 
        the Commission or Task Force. All members of the Commission or 
        Task Force who are officers or employees of the United States 
        shall serve without compensation in addition to that received 
        for their services as officers or employees of the United 
        States.
            (2) Travel expenses.--The members of the Commission or Task 
        Force shall be allowed travel expenses, including per diem in 
        lieu of subsistence, at rates authorized for employees of 
        agencies under subchapter I of chapter 57 of title 5, United 
        States Code, while away from their homes or regular places of 
        business in the performance of service of the Commission or 
        Task Force.
            (3) Staff.--
                    (A) Appointment.--The chairman of the Commission or 
                Task Force may, without regard to the civil service 
                laws and regulations, appoint an executive director and 
                such other personnel as may be necessary to enable the 
                Commission or Task Force to perform its duties. The 
                appointment of an executive director shall be subject 
                to the approval of the Commission or Task Force.
                    (B) Compensation.--The chairman of the Commission 
                or Task Force may fix the compensation of the executive 
                director and other personnel without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates, except that the rate of pay for the executive 
                director and other personnel may not exceed the rate 
                payable for level V of the Executive Schedule under 
                section 5316 of such title.
            (4) Detail of government employees.--Upon request of the 
        chairman of the Commission or Task Force, the head of any 
        department or agency of the Federal Government may detail, on a 
        nonreimbursable basis, any personnel of that department or 
        agency to the Commission or Task Force to assist it in carrying 
        out its duties.
            (5) Procurement of temporary and intermittent services.--
        The chairman of the Commission or Task Force may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code, at rates for individuals which do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of such title.
    (h) Termination of Commission or Task Force.--The Commission or 
Task Force shall terminate 60 days after the date on which the 
Commission or Task Force submits the final comprehensive report under 
subsection (c)(3).
    (i) Funding.--
            (1) In general.--The Secretary shall, upon the request of 
        the chairman of the Commission or Task Force, make available to 
        the Commission or Task Force such amounts as the Commission or 
        Task Force may require to carry out the duties of the 
        Commission or Task Force under this section.
            (2) Availability.--Any sums made available to the 
        Commission or Task Force shall remain available, without fiscal 
        year limitation, until the termination of the Commission or 
        Task Force.
    (j) Definitions.--In this section:
            (1) The term ``appeals process'' means the process to 
        appeal the determination by the Secretary of a claim beginning 
        with the notice of disagreement filed pursuant to section 7105 
        of title 38, United States Code, and ending with the review of 
        a decision by the Supreme Court pursuant to section 7292(c) of 
        such title.
            (2) The term ``Board'' means the Board of Veterans' 
        Appeals.
            (3) The term ``strategic plan'' means the Strategic Plan to 
        Eliminate the Compensation Claims Backlog, published by the 
        Secretary of Veterans Affairs on January 25, 2013.

SEC. 4. SUPPLEMENTAL REPORTS TO THE STRATEGIC PLAN TO ELIMINATE THE 
              COMPENSATION CLAIMS BACKLOG.

    Not later than 60 days after the date of the enactment of this Act, 
and every 120 days thereafter until Memorial Day (May 25), 2015, the 
Secretary of Veterans Affairs shall submit to Congress a supplemental 
report on the implementation by the Department of Veterans Affairs of 
the Strategic Plan to Eliminate the Compensation Claims Backlog. Each 
such report shall include--
            (1) verification that during the period covered by the 
        report, each claim was approved or denied by not later than 125 
        days after the date on which the claim is submitted with an 
        accuracy rate of 98 percent, as specified in the Strategic 
        Plan;
            (2) a description of the specific measures, procedures, and 
        metrics used to assess the implementation of the Strategic Plan 
        for purposes of the supplemental report; and
            (3) a detailed timeline for the implementation of each 
        initiative contained in the Strategic Plan.

SEC. 5. EXPEDITION OF TRANSFER OF CERTAIN RECORDS.

    (a) SSA Records.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall enter 
into an agreement with the Commissioner of the Social Security 
Administration to ensure that the Commissioner transfers to the 
Secretary disability or medical records of the Commissioner that the 
Secretary will use to evaluate a claim by not later than 30 days after 
the Secretary requests such records.
    (b) DOD Records.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall enter 
into an agreement with the Secretary of Defense to ensure that the 
Secretary of Defense transfers to the Secretary of Veterans Affairs 
medical records of members or former members of the Armed Forces that 
the Secretary will use to evaluate a claim by not later than 30 days 
after the Secretary requests such records.
    (c) National Guard Records.--Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Veterans Affairs and the 
Secretary of Defense shall jointly--
            (1) submit to Congress a plan to reduce to 30 days the 
        amount of time needed to provide members of the National Guard 
        and the Secretary of Veterans Affairs with the medical records 
        of such members, including by partnering with appropriate 
        officials of Federal or State departments or agencies; and
            (2) implement such plan.
    (d) Effective Date.--This section shall take effect on the date 
that is one year after the date of the enactment of this Act.

SEC. 6. CLAIMS PROCESSORS TRAINING.

    (a) Establishment.--The Secretary of Veterans Affairs shall 
establish a training program to provide newly hired claims processors 
of the Department of Veterans Affairs with training for a period of not 
less than two years. In carrying out such program, the Secretary shall 
identify successful claims processors of the Department who can assist 
in the training of newly hired claims processors.
    (b) Ability To Process Claims.--The Secretary shall carry out the 
training program established under subsection (a) without increasing 
the amount of time in which claims are processed by the Department.
    (c) Effective Date.--This section shall take effect on the date 
that is one year after the date of the enactment of this Act.

SEC. 7. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES.

    Not later than one year after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit to 
Congress a report on the progress of the Secretary of Veterans Affairs 
in improving the timeliness of claims processing and eliminating the 
backlog of claims. The report shall include any recommendations of the 
Comptroller General with respect to improving the ability of the 
Secretary to make such progress.

SEC. 8. PRIORITY FOR PROCESSING CLAIMS OF THE DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) In General.--Subchapter I of chapter 51 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 5109C. Priority for processing claims
    ``(a) Priority.--In processing claims for compensation under this 
chapter, the Secretary shall provide the following claimants with 
priority over other claimants:
            ``(1) Veterans who have attained the age of 70.
            ``(2) Veterans who are terminally ill.
            ``(3) Veterans with life-threatening illnesses.
            ``(4) Homeless veterans (as defined in section 2002 of this 
        title).
            ``(5) Veterans who were awarded the Medal of Honor.
            ``(6) Veterans who are former prisoners of war.
            ``(7) Veterans whose claims are being reviewed again in 
        relation to a previously denied claim relating to military 
        sexual trauma.
            ``(8) Veterans whom the Secretary determines, on a case-by-
        case basis, are seriously or very seriously injured.
            ``(9) Veterans whom the Secretary determines, on a case-by-
        case basis, should be given priority under this section based 
        on an application for good cause established by the Secretary.
    ``(b) Regulations.--The Secretary shall prescribe regulations to 
carry out subsection (a).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
5109B the following new item:

``5109C. Priority for processing claims.''.

SEC. 9. PUBLIC AVAILABILITY OF CERTAIN INFORMATION ABOUT PENDING AND 
              COMPLETED CLAIMS FOR COMPENSATION UNDER THE LAWS 
              ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.

    (a) In General.--Subchapter I of chapter 51 of title 38, United 
States Code, is amended by adding after section 5109C, as added by 
section 106, the following new section:
``Sec. 5109D. Information about pending and completed claims
    ``(a) Availability of Information.--The Secretary shall maintain on 
the Internet website of the Department publicly accessible information 
about pending and completed claims for compensation under chapter 11 of 
this title. Such information shall include each of the following:
            ``(1) For each regional office and for the Department as a 
        whole--
                    ``(A) the average number of days between the date 
                of the submittal of a claim and the date of the 
                decision with respect to the claim for each of the 
                preceding three-month and one-year period;
                    ``(B) the average number of days such a claim is 
                pending during the preceding three-month and one-year 
                periods;
                    ``(C) the quality and accuracy rating of the claims 
                adjudication process during the preceding three-month 
                and one-year periods;
                    ``(D) the number of claims pending;
                    ``(E) the number of pending claims that have been 
                pending for more than 125 days; and
                    ``(F) the number of claims completed during--
                            ``(i) the current month, to date;
                            ``(ii) the month preceding the current 
                        month;
                            ``(iii) the current calendar year, to date; 
                        and
                            ``(iv) the calendar year preceding the 
                        current calendar year.
            ``(2) For each medical condition for which a claim for 
        compensation is submitted, for each regional office and for the 
        Department as a whole--
                    ``(A) the average number of days between the date 
                of the submittal of a claim relating to such medical 
                condition and the date of the decision with respect to 
                the claim for each of the preceding three-month and 
                one-year period;
                    ``(B) the average number of days such a claim is 
                pending during the preceding three-month and one-year 
                periods;
                    ``(C) the quality and accuracy rating of the claims 
                adjudication process as applied to claims relating to 
                such medical condition during the preceding three-month 
                and one-year periods;
                    ``(D) the number of pending claims relating to such 
                condition;
                    ``(E) the number of such pending claims that have 
                been pending for more than 125 days; and
                    ``(F) the number of claims relating to such medical 
                condition completed during--
                            ``(i) the current month, to date;
                            ``(ii) the month preceding current month;
                            ``(iii) the current calendar year, to date; 
                        and
                            ``(iv) the calendar year preceding the 
                        current calendar year.
    ``(b) Updates.--The Secretary shall update the information on the 
website under subsection (a) not less frequently than once every seven 
days.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding after the item relating to section 
5109C, as added by section 8, the following new item:

``5109D. Information about pending and completed claims.''.

SEC. 10. ANNUAL REPORT ON PROCESSING OF CLAIMS.

    (a) In General.--Subchapter I of chapter 51 of title 38, United 
States Code, is amended by adding after section 5109D, as added by 
section 9, the following new section:
``Sec. 5109E. Annual report on processing of claims
    ``(a) Annual Report.--The Secretary shall include in the annual 
report to Congress required under section 529 of this title information 
on the following:
            ``(1) The automatic processing of claims for compensation.
            ``(2) The performance of any regional office that fails to 
        meet the administrative goals of the regional office with 
        respect to timeliness and accuracy in processing claims for 
        compensation.
            ``(3) The timeliness of receiving information pursuant to a 
        request by the Secretary to the head of another department or 
        agency of the United States for information required by the 
        Secretary in adjudicating a claim for compensation under 
        chapter 11 of this title.
    ``(b) Matters Included.--In carrying out subsection (a) to include 
information in the report required under section 529 of this title, the 
Secretary shall include the following:
            ``(1) With respect to the information required by 
        subsection (a)(1)--
                    ``(A) each medical condition for which claims 
                relating to such condition were processed in an 
                electronic automated fashion during the fiscal year 
                covered by the report;
                    ``(B) the feasibility of processing any additional 
                medical conditions in an electronic automated fashion 
                and any barriers to such processing, including any such 
                barriers relating to the schedule for rating 
                disabilities under section 1155 of this title;
                    ``(C) the number of claims for compensation 
                relating to each medical condition submitted during 
                such fiscal year; and
                    ``(D) for each medical condition, the percentage of 
                claims denied and the percentage of claims approved 
                during such fiscal year.
            ``(2) With respect to the information required by 
        subsection (a)(2), in the case of any regional office that, for 
        the fiscal year covered by the report, did not meet the 
        administrative goal of having no claim pending for more than 
        125 days and achieving an accuracy rating of 98 percent--
                    ``(A) a signed statement prepared by the individual 
                serving as director of the regional office as of the 
                date of the submittal of the report containing--
                            ``(i) an explanation for why the regional 
                        office did not meet the goal;
                            ``(ii) a description of the additional 
                        resources needed to enable the regional office 
                        to reach the goal; and
                            ``(iii) a description of any additional 
                        actions planned for the subsequent fiscal year 
                        that are proposed to enable the regional office 
                        to meet the goal; and
                    ``(B) a statement prepared by the Under Secretary 
                for Benefits explaining how the failure of the regional 
                office to meet the goal affected the performance 
                evaluation of the director of the regional office.
            ``(3) With respect to the information required by 
        subsection (a)(3)--
                    ``(A) the number of requests described in such 
                paragraph made during the fiscal year covered by the 
                report; and
                    ``(B) the average response time for such requests 
                made during each month of such fiscal year, as 
                determined based on the period beginning on the date on 
                which the Secretary made the request and ending on the 
                date on which the Secretary determines that the request 
                is completed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding after the item relating to section 
5109D, as added by section 9, the following new item:

``5109E. Annual report on processing of claims.''.
    (c) Effective Date.--Section 5109E of title 38, United States Code, 
as added by subsection (a) shall take effect on the date that is one 
year after the date of the enactment of this Act.

SEC. 11. DEPARTMENT OF VETERANS AFFAIRS NOTICE OF AVERAGE TIMES FOR 
              PROCESSING CLAIMS AND PERCENTAGE OF CLAIMS APPROVED.

    (a) Public Notice.--The Secretary of Veterans Affairs shall post 
the information described in subsection (c)--
            (1) in a conspicuous place in each regional office and 
        claims intake facilities of the Department of Veterans Affairs; 
        and
            (2) on the Internet website of the Department.
    (b) Notice to Applicants.--
            (1) In general.--The Secretary shall provide to each person 
        who submits a claim for benefits under the laws administered by 
        the Secretary before the person submits such claim--
                    (A) notice of the information described in 
                subsection (c); and
                    (B) notice that, during the period ending on August 
                6, 2015, the person is eligible to receive up to an 
                extra year of benefits payments if the person files an 
                original claim that is fully developed.
            (2) Acknowledgment of receipt of notice.--Each person who 
        submits a claim for benefits under the laws administered by the 
        Secretary shall include in such application a signed form 
        acknowledging that the person received the information 
        described in subsection (c).
    (c) Information Described.--
            (1) In general.--The information described in this 
        subsection is the following:
                    (A) The average processing time of the claims 
                described in paragraph (2) and the percentage of such 
                submitted claims for which benefits are awarded.
                    (B) The percentage of each of the following types 
                of submitted claims for benefits under the laws 
                administered by the Secretary of Veterans Affairs for 
                which benefits are awarded:
                            (i) Claims filed by veterans who authorized 
                        a veterans service organization to act on the 
                        veterans' behalf under a durable power of 
                        attorney.
                            (ii) Claims filed by veterans who 
                        authorized a person other than a veterans 
                        service organization to act on the veterans' 
                        behalf under a durable power of attorney.
                            (iii) Claims filed by veterans who did not 
                        authorize a person to act on the veterans' 
                        behalf under a durable power of attorney.
            (2) Claims described.--The claims described in this 
        paragraph are each of the following types of claims for 
        benefits under the laws administered by the Secretary of 
        Veterans Affairs:
                    (A) A fully developed claim that is submitted in 
                standard electronic form.
                    (B) A fully developed claim that is submitted in 
                standard paper form.
                    (C) A claim that is not fully developed that is 
                submitted in standard electronic form.
                    (D) A claim that is not fully developed that is 
                submitted in standard paper form.
                    (E) A claim that is not fully developed that is 
                submitted in nonstandard paper form.
            (3) Update of information.--The information described in 
        this subsection shall be updated not less frequently than once 
        each fiscal quarter.
    (d) Effective Date.--This section shall take effect on the date 
that is one year after the date of the enactment of this Act.

SEC. 12. CLAIM DEFINED.

    Except as otherwise provided, in this Act, the term ``claim'' means 
a claim for disability compensation under the laws administered by the 
Secretary of Veterans Affairs.
                                 <all>
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