I 
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 Representa-
tives 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.— 
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(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 rec-
ommendations under this section, the Appeals Task 
Force shall consider the following: 
(A) The interests of veterans, including 
with respect to accuracy, fairness, and trans-
parency in the appeals process of the Board 
and the Court. 
(B) The values and requirements of the 
Constitution, including with respect to compli-
ance with procedural and substantive due proc-
ess. 
(C) The public interest, including with re-
spect to the responsible use of available re-
sources. 
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(D) The importance of the claimant friend-
ly, 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 manage-
ment 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 Manage-
ment System with respect to appeals oper-
ations, 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 rec-
ommendations with respect to whether sub-
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stantive and structural changes to the overall 
appeals process are required. 
(C) In carrying out the evaluation and rec-
ommendations under subparagraph (B), an ex-
amination of— 
(i) options that make no major sub-
stantive 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, supple-
mental statement of the case (if applica-
ble), and substantive appeal (VA Form 9); 
(v) the role of the Board and the Ap-
peals Management Center, including— 
(I) the effectiveness of the work-
load management of the Board and 
the Center; 
(II) whether the Board and Cen-
ter should be regionalized or maintain 
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the centralized structure in the Dis-
trict of Columbia; and 
(III) whether Board Members 
should be required to pass the admin-
istrative law judges certification exam-
ination; 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 juris-
diction, 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
AF-
FAIRS.— 
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(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 rem-
edies 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 so-
lutions submitted under subparagraph (A); 
(ii) implement such remedies and so-
lutions as the Secretary determines appro-
priate; and 
(iii) submit to Congress justification 
for failing to implement any such remedy 
or solution. 
(5) PLAN.—The Appeals Task Force shall sub-
mit 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 rem-
edies and solutions identified pursuant to the study 
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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 antici-
pated 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 
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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 con-
ducted under subsection (b). The report shall include 
the following: 
(A) The findings, conclusions, and rec-
ommendations of the Appeals Task Force with 
respect to the matters referred to in such sub-
section. 
(B) The recommendations of the Appeals 
Task Force for revising and improving appel-
lant procedures. 
(C) The information described in sub-
section (b)(4)(A). 
(D) The feasible, timely, and cost effective 
plan described in subsection (b)(5). 
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(E) The progress of the Secretary, the 
Board, and the Court with respect to imple-
menting solutions to provide timely appeals of 
claims. 
(F) Other information and recommenda-
tions 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, ap-
pointed 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 minor-
ity 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 minor-
ity leader of the Senate, at least one of whom 
shall be a veteran. 
(E) One member appointed by the Presi-
dent. 
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(F) Six members appointed by the Sec-
retary 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 mem-
bers 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. 
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(5) APPOINTMENT
DEADLINE.—The appoint-
ment of members of the Appeals Task Force estab-
lished 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 mem-
bers 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 evi-
dence 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 appro-
priate. 
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(2) INFORMATION FROM FEDERAL AGENCIES.— 
The Appeals Task Force may secure directly from 
any department or agency of the Federal Govern-
ment 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 in-
formation 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 de-
partments and agencies of the Federal Government. 
(4) GIFTS.—The Appeals Task Force may ac-
cept, use, and dispose of gifts or donations of service 
or property. 
(g) PERSONNEL MATTERS.— 
(1) COMPENSATION OF MEMBERS.—Each mem-
ber of the Appeals Task Force who is not an officer 
or employee of the United States shall be com-
pensated 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 
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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 re-
ceived 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 sub-
chapter 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 Ap-
peals Task Force. 
(3) STAFF.— 
(A) EXECUTIVE
DIRECTOR.—The chair-
man 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 compensa-
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tion of the executive director and other per-
sonnel without regard to the provisions of chap-
ter 51 and subchapter III of chapter 53 of title 
5, United States Code, relating to classification 
of positions and General Schedule pay rates, ex-
cept that the rate of pay for the executive direc-
tor 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 nonreimburs-
able basis, any personnel of that department or 
agency to the Appeals Task Force to assist it in car-
rying out its duties. 
(5) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT 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. 
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(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 re-
quire 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 Vet-
erans’ Appeals. 
(2) The term ‘‘claim’’ means a claim for dis-
ability 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. 
Æ 
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