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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2091 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2091

To amend title 38, United States Code, to improve the processing by the 
   Department of Veterans Affairs of claims for benefits under laws 
   administered by the Secretary of Veterans Affairs, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2014

   Mr. Heller (for himself, Mr. Casey, Mr. Moran, Mr. Heinrich, Mr. 
 Vitter, and Mr. Tester) introduced the following bill; which was read 
        twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to improve the processing by the 
   Department of Veterans Affairs of claims for benefits under laws 
   administered by the Secretary of Veterans Affairs, 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``21st Century 
Veterans Benefits Delivery Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                  TITLE I--BENEFITS CLAIMS SUBMISSION

Sec. 101. Modification of Transition Assistance Program to enable 
                            online participation.
Sec. 102. Requirement to encourage claimants to use appropriate forms.
Sec. 103. Required communications to users of eBenefits Internet 
                            website.
Sec. 104. Extension of authority for retroactive date of awards for 
                            filing fully developed claims.
Sec. 105. Requirement that decisions on claims explain benefits of 
                            filing appeals within 180 days.
Sec. 106. Requirement to use Department of Veterans Affairs form 21-
                            0958 in regional offices for filing of 
                            notices of disagreement.
Sec. 107. Determination of manner of appearance for hearings before 
                            Board of Veterans' Appeals.
                TITLE II--PRACTICES OF REGIONAL OFFICES

Sec. 201. Required Comptroller General audit of regional offices of 
                            Veterans Benefits Administration.
Sec. 202. Study on service-connected disabilities that worsen with age.
Sec. 203. Improvements to authority for performance of medical 
                            disabilities examinations by contract 
                            physician.
Sec. 204. Improvement of mail processing by Department of Veterans 
                            Affairs.
Sec. 205. Review of practices of regional offices regarding use of 
                            suspense dates.
Sec. 206. Semiannual reports on progress in implementing Veterans 
                            Benefits Management System.
Sec. 207. Annual report on capacity of Veterans Benefits Administration 
                            to process benefits claims.
Sec. 208. Increased transparency in Monday Morning Workload Report.
Sec. 209. Reports on appeals of decisions on benefits claims.
                     TITLE III--GOVERNMENT RESPONSE

Sec. 301. Increased cooperation across Government.
Sec. 302. Report on interoperability between electronic health records 
                            systems of Department of Defense and 
                            Department of Veterans Affairs.

                  TITLE I--BENEFITS CLAIMS SUBMISSION

SEC. 101. MODIFICATION OF TRANSITION ASSISTANCE PROGRAM TO ENABLE 
              ONLINE PARTICIPATION.

    Section 1144 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) Online Curriculum.--(1) The Secretary of Labor, in 
conjunction with the Secretary of Defense, the Secretary of Homeland 
Security, and the Secretary of Veterans Affairs, shall take such 
actions and make such modifications to the eBenefits Internet website 
as may be necessary to ensure that members of the armed forces and 
spouses described in subsection (a)(1) can participate in the program 
carried out under this section through such Internet website.
    ``(2) An individual subject to a requirement under subsection (c) 
may not satisfy such requirement by participating in the program 
carried out under this section solely through an Internet website.''.

SEC. 102. REQUIREMENT TO ENCOURAGE CLAIMANTS TO USE APPROPRIATE FORMS.

    The Secretary of Veterans Affairs shall encourage each individual 
who is seeking to file a claim with the Secretary for a benefit under a 
law administered by the Secretary to file such claim using an 
appropriate form established by the Secretary for such purpose.

SEC. 103. REQUIRED COMMUNICATIONS TO USERS OF EBENEFITS INTERNET 
              WEBSITE.

    (a) Automated Notification of Resources.--The Secretary of Veterans 
Affairs shall take such measures as may be necessary so that whenever 
an individual establishes an account on the eBenefits Internet website 
of the Department of Veterans Affairs and Department of Defense an e-
mail is sent to the individual that includes a description of the 
following:
            (1) The benefits of filing a fully developed claim.
            (2) Where the individual can go to obtain assistance in 
        filing a fully developed claim, including the following:
                    (A) The Department of Veterans Affairs.
                    (B) An organization recognized by the Secretary for 
                the representation of veterans under section 5902 of 
                title 38, United States Code.
    (b) Alternate Communication.--Whenever the Secretary sends a 
message to an individual through the eBenefits Internet website 
described in subsection (a), the Secretary shall also send such message 
to the individual through the use of a second medium selected by the 
individual, such as by telephone or by sending an e-mail to a private 
e-mail address of the individual.

SEC. 104. EXTENSION OF AUTHORITY FOR RETROACTIVE DATE OF AWARDS FOR 
              FILING FULLY DEVELOPED CLAIMS.

    Section 5110(b)(2)(C) of title 38, United States Code, is amended 
by striking ``the date that is three years after the date of the 
enactment of such Act'' and inserting ``September 30, 2020''.

SEC. 105. REQUIREMENT THAT DECISIONS ON CLAIMS EXPLAIN BENEFITS OF 
              FILING APPEALS WITHIN 180 DAYS.

    Section 5104(a) of title 38, United States Code, is amended--
            (1) by inserting ``(1)'' before ``In the case''; and
            (2) by striking the second sentence and inserting the 
        following new paragraph:
    ``(2) The notice shall include the following:
            ``(A) An explanation of the procedure for obtaining review 
        of the decision.
            ``(B) An explanation of the benefits of filing for review 
        of the decision within 180 days.''.

SEC. 106. REQUIREMENT TO USE DEPARTMENT OF VETERANS AFFAIRS FORM 21-
              0958 IN REGIONAL OFFICES FOR FILING OF NOTICES OF 
              DISAGREEMENT.

    The Secretary of Veterans Affairs shall use Department of Veterans 
Affairs form 21-0958, or such other form as the Secretary may require, 
in each of the regional offices of the Department for purposes of 
filing notices of disagreement under section 7105(b) of title 38, 
United States Code.

SEC. 107. DETERMINATION OF MANNER OF APPEARANCE FOR HEARINGS BEFORE 
              BOARD OF VETERANS' APPEALS.

    (a) In General.--Section 7107 of title 38, United States Code, is 
amended--
            (1) by striking subsection (e);
            (2) by redesignating subsections (d) and (f) as subsections 
        (f) and (g), respectively;
            (3) by inserting after subsection (c) the following new 
        subsections (d) and (e):
    ``(d)(1) Subject to paragraph (2), a hearing before the Board shall 
be conducted, as the Board considers appropriate--
            ``(A) in person; or
            ``(B) through picture and voice transmission, by electronic 
        or other means, in such manner that the appellant is not 
        present in the same location as the members of the Board during 
        the hearing.
    ``(2) Upon request by an appellant, a hearing before the Board 
shall be conducted, as the appellant considers appropriate--
            ``(A) in person; or
            ``(B) through picture and voice transmission as described 
        in paragraph (1)(B).
    ``(e)(1) In a case in which a hearing before the Board is to be 
conducted through picture and voice transmission as described in 
subsection (d)(1)(B), the Secretary shall provide suitable facilities 
and equipment to the Board or other components of the Department to 
enable an appellant located at an appropriate facility within the area 
served by a regional office to participate as so described.
    ``(2) Any hearing conducted through picture and voice transmission 
as described in subsection (d)(1)(B) shall be conducted in the same 
manner as, and shall be considered the equivalent of, a personal 
hearing.''; and
            (4) in subsection (f)(1), as redesignated by paragraph (2), 
        by striking ``An appellant may request'' and all that follows 
        through ``office of the Department'' and inserting ``In a case 
        in which a hearing before the Board is to be conducted in 
        person, the hearing shall be held at the principal location of 
        the Board or at a facility of the Department located within the 
        area served by a regional office of the Department.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to cases received by the Board of Veterans' Appeals 
pursuant to notices of disagreement submitted on or after the date of 
the enactment of this Act.

                TITLE II--PRACTICES OF REGIONAL OFFICES

SEC. 201. REQUIRED COMPTROLLER GENERAL AUDIT OF REGIONAL OFFICES OF 
              VETERANS BENEFITS ADMINISTRATION.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall complete an audit of the regional offices of the Veterans 
Benefits Administration--
            (1) to assess the consistency of decisions being made with 
        respect to claims for benefits under laws administered by the 
        Secretary of Veterans Affairs; and
            (2) to identify ways in which the consistency of such 
        decisions can be improved.
    (b) Identification of Factors and Best Practices.--The audit 
conducted under subsection (a) shall include the following:
            (1) Identification of the factors, including management 
        practices, that distinguish higher performing regional offices 
        from other regional offices.
            (2) Identification of best practices employed by higher 
        performing regional offices that distinguish the performance of 
        such offices from other regional offices.
    (c) Report.--Not later than 90 days after the date on which the 
Comptroller General completes the audit required by subsection (a), the 
Comptroller General shall submit to Congress a report on the results of 
the audit.

SEC. 202. STUDY ON SERVICE-CONNECTED DISABILITIES THAT WORSEN WITH AGE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall complete 
a study on covered disabilities using historical data regarding 
service-connected disabilities.
    (b) Covered Disabilities.--For purposes of the study required by 
subsection (a), a covered disability is a service-connected disability 
that the Secretary determines is of a type or class of disability or 
condition that the Secretary determines is a type or class of 
disability or condition that, for individuals with such type or class 
of disability, the average impairment of earning capacity resulting 
from such disability or condition increases as the individual with such 
disability or condition ages.
    (c) Matters Covered.--The study required by subsection (a) shall 
include the following:
            (1) Analysis of historical statistics and information 
        related to the progressive nature of covered disabilities, in 
        terms of increased impairment of earning capacity caused by the 
        disabilities.
            (2) Development of recommendations for legislative and 
        administrative action that use statistics and information 
        described in paragraph (1) to adjudicate more quickly claims 
        for increased disability compensation and disability 
        compensation claims of veterans who had specific military 
        occupation specialties when serving in the Armed Forces.
    (d) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
on the study required by subsection (a), including the findings of the 
Secretary with respect to such study.
    (e) Public Comment.--The Secretary shall--
            (1) make the report submitted under paragraph (1) available 
        to the public; and
            (2) seek comments from the public, including from veterans 
        service organizations, veterans, and medical professionals, on 
        the recommendations developed under subsection (c)(2).
    (f) Proposal.--
            (1) In general.--Not later than 180 days after submitting 
        the report under subsection (d), the Secretary shall develop 
        and submit to Congress a proposal for conduct of a pilot 
        program to assess the feasibility and advisability of carrying 
        out the recommendations developed under subsection (c)(2).
            (2) Input.--In developing the proposal required by 
        paragraph (1), the Secretary shall consider the comments 
        received under subsection (e)(2).
            (3) Limitation.--The Secretary may not conduct the pilot 
        program proposed under paragraph (1) or any portion of such 
        proposal except pursuant to provisions of law enacted after the 
        date of the receipt by Congress of such proposal.
    (g) Veterans Service Organization Defined.--In this section, the 
term ``veterans service organization'' means an organization recognized 
by the Secretary for the representation of veterans under section 5902 
of title 38, United States Code.

SEC. 203. IMPROVEMENTS TO AUTHORITY FOR PERFORMANCE OF MEDICAL 
              DISABILITIES EXAMINATIONS BY CONTRACT PHYSICIAN.

    (a) Extension of Temporary Authority.--Subsection (c) of section 
704 of the Veterans Benefits Act of 2003 (38 U.S.C. 5101 note) is 
amended by striking ``December 31, 2014'' and inserting ``December 31, 
2016''.
    (b) Licensure of Contract Physicians.--
            (1) Temporary authority.--Such section 704 is further 
        amended--
                    (A) by redesignating subsection (d) as subsection 
                (e); and
                    (B) by inserting after subsection (c) the following 
                new subsection (d):
    ``(d) Licensure of Contract Physicians.--
            ``(1) In general.--Notwithstanding any law regarding the 
        licensure of physicians, a physician described in paragraph (2) 
        may conduct an examination pursuant to a contract entered into 
        under subsection (b) at any location in any State, the District 
        of Columbia, or a Commonwealth, territory, or possession of the 
        United States, so long as the examination is within the scope 
        of the authorized duties under such contract.
            ``(2) Physician described.--A physician described in this 
        paragraph is a physician who--
                    ``(A) has a current license to practice the health 
                care profession of the physician; and
                    ``(B) is performing authorized duties for the 
                Department of Veterans Affairs pursuant to a contract 
                entered into under subsection (b).''.
            (2) Pilot program.--Section 504 of the Veterans' Benefits 
        Improvement Act of 1996 (38 U.S.C. 5101 note) is amended--
                    (A) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively; and
                    (B) by inserting after subsection (b) the following 
                new subsection (c):
    ``(c) Licensure of Contract Physicians.--
            ``(1) In general.--Notwithstanding any law regarding the 
        licensure of physicians, a physician described in paragraph (2) 
        may conduct an examination pursuant to a contract entered into 
        under subsection (a) at any location in any State, the District 
        of Columbia, or a Commonwealth, territory, or possession of the 
        United States, so long as the examination is within the scope 
        of the authorized duties under such contract.
            ``(2) Physician described.--A physician described in this 
        paragraph is a physician who--
                    ``(A) has a current license to practice the health 
                care profession of the physician; and
                    ``(B) is performing authorized duties for the 
                Department of Veterans Affairs pursuant to a contract 
                entered into under subsection (a).''.
    (c) Expansion of Pilot Program.--Subsection (b) of such section 504 
is amended to read as follows:
    ``(b) Locations.--
            ``(1) Number.--The Secretary may carry out the pilot 
        program under this section through not more than 15 regional 
        offices of the Department of Veterans Affairs.
            ``(2) Selection.--The Secretary shall select the regional 
        offices under paragraph (1) by analyzing appropriate data to 
        determine the regional offices that require support. Such 
        appropriate data shall include--
                    ``(A) the number of backlogged claims;
                    ``(B) the total pending case workload;
                    ``(C) the length of time cases have been pending;
                    ``(D) the accuracy of completed cases;
                    ``(E) the overall timeliness of completed cases;
                    ``(F) the availability and workload of the 
                examination units and physicians of the medical centers 
                in the regional office; and
                    ``(G) any other data the Secretary determines 
                appropriate.
            ``(3) Annual analysis.--The Secretary shall carry out the 
        data analysis of the regional offices under paragraph (2) 
        during each year in which the program under this section is 
        carried out to determine the regional offices selected under 
        paragraph (1) for such year.''.

SEC. 204. IMPROVEMENT OF MAIL PROCESSING BY DEPARTMENT OF VETERANS 
              AFFAIRS.

    Not later than the date that is one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall develop 
and implement a plan to establish a uniform mail processing and 
scanning system throughout the regional offices of the Veterans 
Benefits Administration.

SEC. 205. REVIEW OF PRACTICES OF REGIONAL OFFICES REGARDING USE OF 
              SUSPENSE DATES.

    (a) Review Required.--Not later than 180 days after the date of the 
enactment of this Act, the Inspector General of the Department of 
Veterans Affairs shall conduct a review of the practices of regional 
offices of the Department regarding the use of suspense dates during 
the disability claim assessment process.
    (b) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Inspector General of the Department shall 
submit to Congress a report on the findings of the Inspector General 
with respect to the review conducted under subsection (a).

SEC. 206. SEMIANNUAL REPORTS ON PROGRESS IN IMPLEMENTING VETERANS 
              BENEFITS MANAGEMENT SYSTEM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and not less frequently than once every 180 days 
thereafter until the Inspector General of the Department of Veterans 
Affairs certifies to Congress that the Veterans Benefits Management 
System is implemented and fully functional, the Secretary of Veterans 
Affairs shall submit to Congress a report on the progress of the 
Secretary in implementing the Veterans Benefits Management System.
    (b) Contents.--The report required by subsection (a) shall include 
the following:
            (1) An assessment of the current functionality of the 
        Veterans Benefits Management System, including whether each 
        component of the system is fully functional, partially 
        functional, or not functional.
            (2) For each component of the system that is partially 
        functional or not functional, an estimate of the date by which 
        the Secretary expects the component to be fully functional.
            (3) Recommendations submitted to the Secretary by employees 
        of the Department of Veterans Affairs who are involved in 
        processing claims for benefits under laws administered by the 
        Secretary, including veteran service representatives, rating 
        veteran service representatives, and decision review officers, 
        for such legislative or administrative action as the employees 
        consider appropriate to improve the processing of such claims.

SEC. 207. ANNUAL REPORT ON CAPACITY OF VETERANS BENEFITS ADMINISTRATION 
              TO PROCESS BENEFITS CLAIMS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act and not less frequently than once each year 
thereafter, the Secretary of Veterans Affairs shall submit to the 
Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a report on the 
capacity of the Veterans Benefits Administration to process claims for 
benefits under laws administered by the Secretary during the next one-
year period.
    (b) Contents.--Each report submitted under subsection (a) shall 
include, for the period covered by the report, the following:
            (1) The number of claims for benefits under laws 
        administered by the Secretary that the Secretary expects the 
        Veterans Benefits Administration to process.
            (2) The number of full-time equivalent employees of the 
        Veterans Benefits Administration who are dedicated to 
        processing such claims.
            (3) An estimate of the number of such claims a single full-
        time equivalent employee of the Administration can process in a 
        year.
            (4) An assessment of whether the Administration requires 
        additional or fewer full-time equivalent employees to process 
        such claims during the next 1-year, 5-year, and 10-year 
        periods.
    (c) Public Availability.--The Secretary shall make the report 
required by subsection (a) available to the public on an Internet 
website of the Department of Veterans Affairs.

SEC. 208. INCREASED TRANSPARENCY IN MONDAY MORNING WORKLOAD REPORT.

    (a) Disaggregation of Claims by Decisions Requiring Disability 
Rating.--The Secretary of Veterans Affairs shall include in each Monday 
Morning Workload Report published by the Secretary the number of claims 
for benefits under laws administered by the Secretary that have been 
received by a regional office of the Department of Veterans Affairs and 
are pending a decision, disaggregated by--
            (1) whether the claim has been pending for more than 125 
        days; and
            (2) whether the claim requires a decision concerning a 
        disability rating.
    (b) Inclusion of Information on Assignment of Partial Ratings.--The 
Secretary of Veterans Affairs shall include in each Monday Morning 
Workload Report published by the Secretary in the portion of the report 
entitled ``Transformation'' and in the portion of the report entitled 
``Aggregate'' the number of partial ratings assigned.
    (c) Report on Fully Developed Claims.--The Secretary of Veterans 
Affairs shall include in each Monday Morning Workload Report published 
by the Secretary the following:
            (1) The total number of fully developed claims for benefits 
        under laws administered by the Secretary that--
                    (A) have been received by a regional office of the 
                Department of Veterans Affairs; and
                    (B) are pending a decision.
            (2) The total number of such claims that have been pending 
        for more than 125 days, disaggregated by station.

SEC. 209. REPORTS ON APPEALS OF DECISIONS ON BENEFITS CLAIMS.

    (a) Public Availability.--The Secretary of Veterans Affairs shall 
make the reports of the Department of Veterans Affairs entitled 
``Appeals Pending'' and ``Appeals Workload By Station'' available to 
the public on an Internet website of the Department.
    (b) Appeals Granted by Station.--The Secretary shall include in one 
of the reports described in subsection (a) the percentage of appeals 
granted by station.

                     TITLE III--GOVERNMENT RESPONSE

SEC. 301. INCREASED COOPERATION ACROSS GOVERNMENT.

    (a) Appointment of Liaisons.--
            (1) Department of defense.--The Secretary of Defense shall 
        appoint individuals as follows:
                    (A) At least one individual to act as a liaison 
                under this section between the Department of Defense 
                and the Department of Veterans Affairs.
                    (B) At least one individual for each of the reserve 
                components of the Armed Forces to act as a liaison 
                under this section between the respective component of 
                the Armed Forces and the Department of Veterans 
                Affairs.
            (2) Social security administration.--The Commissioner of 
        Social Security shall appoint at least one individual to act as 
        a liaison under this section between the Social Security 
        Administration and the Department of Veterans Affairs.
            (3) National archives and records administration.--The 
        Archivist of the United States shall appoint at least one 
        individual to act as a liaison under this section between the 
        Social Security Administration and the Department of Veterans 
        Affairs.
    (b) Duties of Liaisons.--Each individual acting as a liaison under 
this section shall expedite the timely provision to the Secretary of 
Veterans Affairs of such information as the Secretary requires to 
process claims submitted to the Secretary for benefits under laws 
administered by the Secretary.
    (c) Procedures.--
            (1) In general.--The Secretary of Veterans Affairs, the 
        Secretary of Defense, the Commissioner of Social Security, and 
        the Archivist of the United States shall jointly develop and 
        implement procedures to improve the timely provision to the 
        Secretary of Veterans Affairs of such information as the 
        Secretary requires to process claims submitted to the Secretary 
        for benefits under laws administered by the Secretary.
            (2) Timely provision.--The procedures developed and 
        implemented under paragraph (1) shall ensure that the 
        information provided to the Secretary of Veterans Affairs is 
        provided to the Secretary not later than 30 days after the date 
        on which the Secretary requests the information.
    (d) Annual Reports.--Not less frequently than once each year, the 
Secretary of Veterans Affairs shall submit to Congress a report on--
            (1) the requests for information made by the Secretary 
        during the most recent one-year period for information from the 
        Secretary of Defense, the Commissioner of Social Security, and 
        the Archivist of the United States required by the Secretary of 
        Veterans Affairs to process claims submitted to the Secretary 
        for benefits under laws administered by the Secretary; and
            (2) the timeliness of responses to such requests.

SEC. 302. REPORT ON INTEROPERABILITY BETWEEN ELECTRONIC HEALTH RECORDS 
              SYSTEMS OF DEPARTMENT OF DEFENSE AND DEPARTMENT OF 
              VETERANS AFFAIRS.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Defense and the Secretary of Veterans Affairs 
shall jointly submit to Congress a report that sets forth a timeline 
with milestones for achieving interoperability between the electronic 
health records systems of the Department of Defense and the Department 
of Veterans Affairs.
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