I 
113TH CONGRESS 
1ST SESSION H. R. 2189 
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 
A BILL 
To establish a commission or task force to evaluate the 
backlog of disability claims of the Department of Vet-
erans 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 BACKLOG OF DISABILITY 
CLAIMS OF DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) IN GENERAL.—There is established a commission 
or task force to evaluate the backlog of claims within the 
Department of Veterans Affairs. 
(b) STUDY.— 
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(1) IN
GENERAL.—The Commission or Task 
Force shall carry out a study on the backlog of 
claims, including the current process the Secretary 
of Veterans Affairs uses to evaluate claims and ap-
peals and the laws and regulations applicable to 
such claims and appeals. Such study shall be a com-
prehensive 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. 
(2) CONSIDERATION.—In carrying out the 
study under paragraph (1) and making any rec-
ommendations under this section, the Commission or 
Task Force shall consider the following: 
(A) The interests of veterans, including 
with respect to accuracy, fairness, and trans-
parency in the claims process of the Depart-
ment. 
(B) The values and requirements of the 
Constitution, including with respect to compli-
ance with procedural and substantive due proc-
ess. 
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(C) The public interest, including with re-
spect to the responsible use of available re-
sources. 
(D) The importance of the claimant friend-
ly, nonadversarial nature of the claims process. 
(3) MATTERS INCLUDED.—In carrying out the 
study under paragraph (1), the Commission or Task 
Force shall examine the following: 
(A) 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 prac-
tices, and the progress, as of the date of 
the study, of the transformation plan of 
the Department. 
(B) Possible improvements to the claims 
process, including an evaluation and rec-
ommendations with respect to whether sub-
stantive and structural changes to the overall 
claims process are required. 
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(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 claims process; 
(ii) options that maintain the process 
but make minor changes; and 
(iii) options that make broad changes 
to the process. 
(D) The appeals process, including— 
(i) an analysis of the necessity of the 
multi-tiered levels of appeals at the Re-
gional 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); 
(ii) an analysis of the role of the 
Board of Veterans’ Appeals, including— 
(I) the effectiveness of the work-
load management of the Board; 
(II) whether the Board should be 
regionalized or maintain the central-
ized structure in the District of Co-
lumbia; and 
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(III) whether Board Members 
should be required to pass the admin-
istrative law judges certification exam-
ination; and 
(iii) an analysis of the role of the 
Court of Appeals for Veterans Claims and 
the Court of Appeals for the Federal Cir-
cuit, including— 
(I) the continued effectiveness 
and necessity of a two-tiered structure 
of judicial review; 
(II) the Article I status of the 
Court of Appeals for Veterans Claims; 
(III) expansion of either the 
Court of Appeals for Veterans Claims 
or the Court of Appeals for the Fed-
eral Circuit jurisdiction, including by 
allowing such Courts to hear class ac-
tion 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 Commission or Task Force shall submit 
to the Secretary of Veterans Affairs, at times 
that the Commission or Task Force determines 
appropriate, information with respect to rem-
edies and solutions for the backlog of claims 
that the Commission or Task Force identifies 
pursuant to such study. 
(B) 
IMPLEMENTATION.—The 
Secretary 
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. 
(c) REPORTS.— 
(1) INITIAL 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 
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report on the study conducted under subsection (b), 
including— 
(A) the findings of the causes of the back-
log of claims; and 
(B) the level of cooperation the Commis-
sion or Task Force has received from the Sec-
retary of Veterans Affairs and the heads of 
other departments or agencies of the Federal 
Government. 
(2) INTERIM 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 report under para-
graph (3), the Commission or Task Force shall sub-
mit to the President and Congress a report on— 
(A) the progress of the Secretary of Vet-
erans Affairs with respect to implementing solu-
tions to expedite the elimination of the backlog 
of claims pursuant to subsection (b)(4)(B)(ii); 
and 
(B) the level of cooperation the Commis-
sion or Task Force has received from the Sec-
retary of Veterans Affairs and the heads of 
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other departments or agencies of the Federal 
Government. 
(3) FINAL 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 report 
on the study conducted under subsection (b). The 
report shall include the following: 
(A) The findings, conclusions, and rec-
ommendations of the Commission or Task 
Force with respect to the matters referred to in 
such subsection. 
(B) The recommendations of the Commis-
sion or Task Force for revising and improving 
the backlog of claims and the procedures used 
to process claims. 
(C) The progress of the Secretary of Vet-
erans Affairs with respect to implementing solu-
tions to expedite the elimination of the backlog 
of claims pursuant to subsection (b)(4)(B)(ii). 
(D) Other information and recommenda-
tions with respect to claims as the Commission 
or Task Force considers appropriate. 
(d) MEMBERSHIP.— 
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(1) NUMBER AND APPOINTMENT.—The Com-
mission or Task Force shall be composed of 15 
members, appointed as follows: 
(A) Two members appointed by the Speak-
er of the House of Representatives, at least one 
of whom shall be a veteran. 
(B) Two members appointed by the minor-
ity leader of the House of Representatives, at 
least one of whom shall be a veteran. 
(C) Two members appointed by the major-
ity leader of the Senate, at least one of whom 
shall be a veteran. 
(D) Two members appointed by the minor-
ity leader of the Senate, at least one of whom 
shall be a veteran. 
(E) Three members appointed by the 
President, at least two of whom shall be vet-
erans. 
(F) Two members appointed by the Sec-
retary of Defense. 
(G) Two members appointed by the Sec-
retary of Veteran Affairs, at least one of whom 
shall be a veteran, and at least one of whom 
shall be an employee of the Veterans Benefits 
Administration. 
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(2) ADVISORS.—In addition to the 15 members 
appointed under paragraph (1), the Commission or 
Task Force shall— 
(A) have five nonvoting, nonmember advi-
sors, appointed by a majority of the Commis-
sion or Task Force from various veterans serv-
ice organizations; and 
(B) seek advice from experts from non-
governmental organizations (including veterans 
service organizations and military organiza-
tions), the Internet technology industry, and 
the insurance industry. 
(3) CHAIRMAN.—The President shall designate 
a member of the Commission or Task Force to be 
the chairman. 
(4) PERIOD
OF
APPOINTMENT.—Members of 
the Commission or Task Force shall be appointed 
for the life of the Commission or Task Force. A va-
cancy shall not affect its powers. 
(5) VACANCY.—A vacancy on the Commission 
or Task Force shall be filled in the manner in which 
the original appointment was made. 
(6) APPOINTMENT
DEADLINE.—The appoint-
ment of members of the Commission or Task Force 
established in this section shall be made not later 
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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 con-
siders 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 Gov-
ernment such information as the Commission or 
Task Force considers necessary to carry out the pro-
visions of this section. Upon request of the chair-
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man, 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 Gov-
ernment. 
(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 
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 
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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) The chairman of the Commission or 
Task Force may, without regard to the civil 
service laws and regulations, appoint an execu-
tive 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 ap-
proval of the Commission or Task Force. 
(B) The chairman of the Commission or 
Task Force may fix the compensation of the ex-
ecutive director and other personnel without re-
gard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of title 5, United 
States Code, relating to classification of posi-
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tions 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 nonre-
imbursable 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 INTER-
MITTENT SERVICES.—The chairman of the Commis-
sion 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 
Service 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 report under subsection (c)(3). 
(i) FUNDING.— 
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(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 avail-
able, without fiscal year limitation, until the termi-
nation of the Commission or Task Force. 
(j) CLAIM DEFINED.—In this section, the term 
‘‘claim’’ means a claim for disability compensation under 
the laws administered by the Secretary of Veterans Af-
fairs. 
Æ 
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