I 113th CONGRESS 1st Session H. R. 2189 IN THE HOUSE OF REPRESENTATIVES May 23, 2013 Mr. Miller of Florida (for himself and Mr. McCarthy of California ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To establish a commission or task force to evaluate the backlog of disability claims of the Department of Veterans Affairs.

1. Evaluation of backlog of disability 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. (b) Study (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 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. (2) Consideration In carrying out the study under paragraph (1) 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) The importance of the claimant friendly, 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 practices, 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 recommendations with respect to whether substantive and structural changes to the overall claims process are required. (C) 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. (D) The appeals process, including— (i) an analysis of 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); (ii) an analysis of the role of the Board of Veterans’ Appeals, including— (I) the effectiveness of the workload management of the Board; (II) whether the Board should be regionalized or maintain the centralized structure in the District of Columbia; and (III) whether Board Members should be required to pass the administrative law judges certification examination; and (iii) an analysis of the role of the Court of Appeals for Veterans Claims and the 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 of Appeals for Veterans Claims; (III) expansion of either the Court of Appeals for Veterans Claims or the Court of Appeals for the Federal Circuit jurisdiction, 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 Affairs (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 remedies 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 solutions submitted under subparagraph (A); (ii) implement such remedies and solutions as the Secretary determines appropriate; 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 report on the study conducted under subsection (b), including— (A) the findings of the causes of the backlog of claims; and (B) the level of cooperation the Commission or Task Force has received from the Secretary 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 paragraph (3), the Commission or Task Force shall submit to the President and Congress a report on— (A) the progress of the Secretary of Veterans Affairs with respect to implementing solutions to expedite the elimination of the backlog of claims pursuant to subsection (b)(4)(B)(ii); and (B) the level of cooperation the Commission or Task Force has received from the Secretary of Veterans Affairs 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 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 recommendations of the Commission or Task Force with respect to the matters referred to in such subsection. (B) The recommendations of the Commission 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 Veterans Affairs with respect to implementing solutions to expedite the elimination of the backlog of claims pursuant to subsection (b)(4)(B)(ii). (D) Other information and recommendations with respect to claims 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, at least one of whom shall be a veteran. (B) Two members appointed by the minority leader of the House of Representatives, at least one of whom shall be a veteran. (C) Two members appointed by the majority leader of the Senate, at least one of whom shall be a veteran. (D) Two members appointed by the minority 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 veterans. (F) Two members appointed by the Secretary of Defense. (G) Two members appointed by the Secretary 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. (2) Advisors In addition to the 15 members appointed under paragraph (1), the Commission or Task Force shall— (A) have five nonvoting, nonmember advisors, appointed by a majority of the Commission or Task Force from various veterans service organizations; and (B) seek advice from experts from nongovernmental organizations (including veterans service organizations and military organizations), 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 vacancy 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 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) 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) 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 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 (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) Claim defined In this section, the term claim means a claim for disability compensation under the laws administered by the Secretary of Veterans Affairs.