IB 
Union Calendar No. 171 
113TH CONGRESS 
1ST SESSION H. R. 2189 
[Report No. 113–236] 
To establish a commission or task force to evaluate the backlog of disability 
claims of the Department of Veterans Affairs. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2013 
Mr. MILLER of Florida (for himself and Mr. MCCARTHY of California) intro-
duced the following bill; which was referred to the Committee on Vet-
erans’ Affairs 
SEPTEMBER 27, 2013 
Additional sponsors: Mr. NUGENT, Ms. SINEMA, Mrs. WALORSKI, Mr. 
TURNER, Mr. MCINTYRE, Mr. MEADOWS, Mr. JONES, and Mr. ISSA 
SEPTEMBER 27, 2013 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 23, 2013] 
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A BILL 
To establish a commission or task force to evaluate the 
backlog of disability claims of the Department of Vet-
erans Affairs. 
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Be it enacted by the Senate and House of Representa-
tives 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. Scoring of budgetary effects. 
TITLE I—IMPROVEMENT OF CLAIMS PROCESSING 
Sec. 101. Evaluation of backlog of disability claims and appeals of claims of De-
partment of Veterans Affairs. 
Sec. 102. Supplemental reports to the Strategic Plan to Eliminate the Compensa-
tion Claims Backlog. 
Sec. 103. Expedition of transfer of certain records. 
Sec. 104. Claims processors training. 
Sec. 105. Report by Comptroller General of the United States. 
Sec. 106. Priority for processing claims of the Department of Veterans Affairs. 
Sec. 107. Public availability of certain information about pending and completed 
claims for compensation under the laws administered by the Sec-
retary of Veterans Affairs. 
Sec. 108. Annual report on processing of claims. 
Sec. 109. Department of Veterans Affairs notice of average times for processing 
claims and percentage of claims approved. 
Sec. 110. Claim defined. 
TITLE II—COMPENSATION AND PENSIONS 
Sec. 201. Improvements to authority for performance of medical disabilities ex-
aminations by contract physicians. 
Sec. 202. Consideration by Secretary of Veterans Affairs of resources disposed of 
for less than fair market value by individuals applying for pen-
sion. 
Sec. 203. Bifurcated payments of compensation benefits under laws administered 
by the Secretary of Veterans Affairs. 
Sec. 204. Pension for certain veterans covered by Medicaid plans for services fur-
nished by nursing facilities. 
TITLE III—OTHER MATTERS 
Sec. 301. Review of operation of certain ships during the Vietnam Era. 
Sec. 302.
Methods for validating certain service considered to be active service 
by the Secretary of Veterans Affairs. 
Sec. 303. Designation of American World War II Cities. 
Sec. 304. Observance of Veterans Day. 
SEC. 2. SCORING OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
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shall be determined by reference to the latest statement titled 
‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 
submitted for printing in the Congressional Record by the 
Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on pas-
sage. 
TITLE I—IMPROVEMENT OF 
CLAIMS PROCESSING 
SEC. 101. 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 ap-
peals. Such study shall be a comprehensive eval-
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uation and assessment of the backlog of claims, 
an analysis of possible improvements to the pro-
cedures used to process such claims, and any re-
lated issues that the Commission or Task Force 
considers relevant. 
(B) MATTERS INCLUDED.—In carrying out 
the study under subparagraph (A), the Commis-
sion 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 Depart-
ment, the annual funding, number of 
full-time employees, workload manage-
ment 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. 
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(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 proc-
ess; 
(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 improve-
ments to the procedures used to process such ap-
peals, and any related issues that the Commis-
sion or Task Force considers relevant. 
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(B) MATTERS INCLUDED.—In carrying out 
the study under subparagraph (A), the Commis-
sion 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, work-
load 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 iden-
tification of key changes that may need 
to be implemented to such system. 
(ii) Possible improvements to the ap-
peals process, including an evaluation and 
recommendations with respect to whether 
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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, includ-
ing— 
(aa) the effectiveness of the 
workload 
management 
of 
the 
Board and the Center; 
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(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 ad-
ministrative law judges certifi-
cation examination; and 
(dd) 
whether 
the 
Board 
should continue to require de novo 
review of appeals; and 
(VI) the role of the Court of Ap-
peals for Veterans Claims and the 
United States Court of Appeals for the 
Federal Circuit, including— 
(aa) the continued effective-
ness and necessity of a multi- 
tiered structure of judicial review; 
(bb) whether the Court of Ap-
peals for Veterans Claims should 
have Article I or Article III sta-
tus; 
(cc) expansion of either the 
Court of Appeals for Veterans 
Claims or the United States Court 
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of Appeals for the Federal Circuit 
jurisdiction, including by allow-
ing such courts to hear class ac-
tion lawsuits with respect to 
claims; and 
(dd) the possibility of ex-
panding judicial review of claims 
to all Federal circuit courts of ap-
peals or allowing judicial review 
beyond the Court of Appeals for 
Veterans Claims only by the Su-
preme Court. 
(3) CONSIDERATION.—In carrying out the stud-
ies under paragraph (1)(A) and (2)(A) and making 
any recommendations under this section, the Commis-
sion 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 compli-
ance with procedural and substantive due proc-
ess. 
(C) The public interest, including with re-
spect to the responsible use of available resources. 
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(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 un-
derstandable 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 deter-
mines 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 re-
spect to remedies and solutions that the Commis-
sion or Task Force identifies pursuant to such a 
study. 
(B) IMPLEMENTATION.—The Secretary, the 
Chairman of the Board, and the Chief Judge 
shall each— 
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(i) fully consider the remedies and so-
lutions submitted to the Secretary, the 
Chairman, or the Chief Judge, as the case 
may be, under subparagraph (A); 
(ii) implement such remedies and solu-
tions as the Secretary, the Chairman, or the 
Chief Judge, respectively, determines appro-
priate; 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, time-
ly, and cost-effective plan to eliminate the back-
log 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 
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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 antici-
pated 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 Com-
mission 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 com-
prehensive report under paragraph (3), the Commis-
sion or Task Force shall submit to the President and 
Congress a comprehensive report on— 
(A) the progress of the Secretary with re-
spect 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 Chair-
man of the Board, and the Chief Judge of the 
Court of Appeals for Veterans Claims with re-
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spect to implementing solutions to complete ap-
peals 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 Commis-
sion or Task Force first meets, the Commission or 
Task Force shall submit to the President and Con-
gress a comprehensive report on the following: 
(A) With respect to the study conducted 
under subsection (b)(1)(A)— 
(i) The findings, conclusions, and rec-
ommendations of the Commission or Task 
Force with respect to the matters referred to 
in such subsection. 
(ii) The recommendations of the Com-
mission or Task Force for revising and im-
proving the backlog of claims and the proce-
dures used to process claims. 
(iii) The progress of the Secretary with 
respect to implementing solutions to expe-
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dite the elimination of the backlog of claims 
pursuant to subsection (b)(4)(B)(ii). 
(iv) 
Other 
information 
and 
rec-
ommendations with respect to claims as the 
Commission or Task Force considers appro-
priate. 
(B) With respect to the study conducted 
under subsection (b)(2)(A)— 
(i) The findings, conclusions, and rec-
ommendations of the Commission or Task 
Force with respect to the matters referred to 
in such subsection. 
(ii) The recommendations of the Com-
mission or Task Force for revising and im-
proving the appeals process; 
(iii) The information described in sub-
section (b)(4)(A). 
(iv) The feasible, timely, and cost effec-
tive 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 solu-
tions to provide timely appeals of claims. 
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designated to serve upon the Subcommittee on 
Appeals. 
(D) Two members appointed by the minor-
ity 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 Presi-
dent, 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 Sec-
retary 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 
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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 des-
ignated 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 sub-
ject 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 ad-
visors, appointed by a majority of the Com-
mission or Task Force, each from a different 
organization that represents the interests of 
veterans; and 
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(ii) seek advice from experts from non-
governmental organizations (including vet-
erans service organizations and military or-
ganizations), the Internet technology indus-
try, 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 ap-
pointed 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. 
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(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 estab-
lished 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 mem-
bers 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 evi-
dence as the Commission or Task Force considers ad-
visable to carry out the purposes of this section. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
The Commission or Task Force may secure directly 
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from any department or agency of the Federal Gov-
ernment 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 mem-
ber of the Commission or 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 per-
formance 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 
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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 ex-
penses, 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 Commis-
sion 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 appoint-
ment 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 com-
pensation 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 
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