[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 677 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
2d Session
H. R. 677
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2016
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to provide for annual cost-of-
living adjustments to be made automatically by law each year in the
rates of disability compensation for veterans with service-connected
disabilities and the rates of dependency and indemnity compensation for
survivors of certain service-connected disabled veterans, 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 ``American Heroes
COLA Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Expansion of eligibility for medallions.
Sec. 3. Definitions relating to claims for benefits under laws
administered by the Secretary of Veterans
Affairs.
Sec. 4. Quarterly reports on formal and informal claims for benefits
under laws administered by Secretary of
Veterans Affairs.
Sec. 5. Expedited payment of survivor's benefits.
Sec. 6. Priority for processing claims of the Department of Veterans
Affairs.
Sec. 7. Treatment of medical evidence provided by non-Department of
Veterans Affairs medical professionals in
support of claims for disability
compensation.
Sec. 8. Automatic annual increase in rates of disability compensation
and dependency and indemnity compensation.
Sec. 9. Improvement of fiduciaries for veterans.
Sec. 10. Board of Veterans' Appeals video hearings.
Sec. 11. Improvements to authority for performance of medical
disabilities examinations by contract
physicians.
Sec. 12. Pilot program on fully developed appeals.
Sec. 13. Deadline for certification of appeals forms by regional
offices of the Department of Veterans
Affairs.
Sec. 14. Evaluation of backlog of disability claims and appeals of
claims of Department of Veterans Affairs.
Sec. 15. Methods for validating certain World War II Merchant Mariner
service considered to be active service by
the Secretary of Veterans Affairs.
Sec. 16. Designation of American World War II Cities.
Sec. 17. Sense of Congress regarding American veterans disabled for
life.
Sec. 18. Extension of pilot program on counseling in retreat settings
for women veterans newly separated from
service in the Armed Forces.
SEC. 2. EXPANSION OF ELIGIBILITY FOR MEDALLIONS.
Section 2306(d)(4) of title 38, United States Code, is amended to
read as follows:
``(4)(A) In lieu of furnishing a headstone or marker under this
subsection to a deceased individual described in subparagraph (B), the
Secretary may furnish, upon request, a medallion or other device of a
design determined by the Secretary to signify the deceased individual's
status as a veteran, to be attached to a headstone or marker furnished
at private expense.
``(B) A deceased individual described in this subsection is an
individual who--
``(i) served in the Armed Forces on or after April 6, 1917;
and
``(ii) is eligible for a headstone or marker furnished
under paragraph (1) (or would be so eligible but for the date
of the death of the individual).''.
SEC. 3. DEFINITIONS RELATING TO CLAIMS FOR BENEFITS UNDER LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Definitions.--
(1) In general.--Section 5100 of title 38, United States
Code, is amended to read as follows:
``Sec. 5100. Definitions
``In this chapter:
``(1) The term `claimant' means any individual applying
for, or submitting a claim for, any benefit under the laws
administered by the Secretary.
``(2) The term `claim' means a communication in writing
requesting a determination of entitlement or evidencing a
belief in entitlement to a benefit under the laws administered
by the Secretary.
``(3) The term `formal claim' means a claim submitted on an
application form prescribed by the Secretary.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 51 of such title is further amended by
striking the item relating to section 5100 and inserting the
following new item:
``5100. Definitions.''.
(b) Effective Date.--Section 5100 of title 38, United States Code,
as amended by subsection (a), shall take effect on the date of the
enactment of this Act and shall apply with respect to a claim submitted
on or after such date.
SEC. 4. QUARTERLY REPORTS ON FORMAL AND INFORMAL CLAIMS FOR BENEFITS
UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.
(a) Quarterly Reports.--During the five-year period beginning on
the date of the enactment of this Act, the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives quarterly reports on formal and informal claims
submitted to the Secretary. Each such report shall include, for the 3-
month period covered by the report--
(1) the total number of claims submitted to the Secretary;
(2) the total number of informal claims submitted to the
Secretary;
(3) the total number of formal claims submitted to the
Secretary;
(4) the total number of forms indicating an intent to file
a claim for benefits submitted to the Secretary;
(5) the total number of claims notification letters that
included an invitation to the claimant to submit an additional
formal claim that was reasonably raised during the adjudication
of the claim for which the notification letter is sent;
(6) of the claimants who received notification letters
described in paragraph (5), the total number who submitted a
formal claim in response to the invitation included in the
letter;
(7) the total number of electronically filed claims
submitted to the Secretary; and
(8) the total number of fully-developed claims submitted to
the Secretary.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Veterans Affairs should develop a designated form for an
increase or reopening of a claim that does not require the resubmittal
of information previously submitted on a formal claim form.
(c) Definitions.--In this section:
(1) The terms ``claim'', ``claimant'', and ``formal claim''
have the meanings given such terms in section 5100 of title 38,
United States Code, as amended by section 4.
(2) The term ``informal claim'' means a communication in
writing requesting a determination of entitlement or evidencing
a belief in entitlement, to a benefit under the laws
administered by the Secretary of Veterans Affairs that--
(A) is submitted in a format other than on an
application form prescribed by the Secretary;
(B) indicates an intent to apply for one or more
benefits under the laws administered by the Secretary;
(C) identifies the benefit sought;
(D) is made or submitted by a claimant, his or her
duly authorized representative, a Member of Congress,
or another person acting on behalf of a claimant who
meets the requirements established by the Secretary for
such purpose; and
(E) may include a report of examination or
hospitalization, if the report relates to a disability
which may establish such an entitlement.
(3) The term ``reasonably raised'' with respect to a claim
means that evidence of an entitlement to a benefit under the
laws administered by the Secretary is inferred or logically
placed at issue upon a sympathetic reading of another claim and
the record developed with respect to that claim.
SEC. 5. EXPEDITED PAYMENT OF SURVIVOR'S BENEFITS.
(a) In General.--Section 5101(a)(1) of title 38, United States
Code, is amended--
(1) by striking ``A specific'' and inserting ``(A) Except
as provided in subparagraph (B), a specific''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) The Secretary may pay benefits under chapters 13 and 15
and sections 2302, 2307, and 5121 of this title to a survivor of a
veteran who has not filed a formal claim if the Secretary determines
that the record contains sufficient evidence to establish the
entitlement of the survivor to such benefits.
``(ii) For purposes of this subparagraph and section 5110 of this
title, the earlier of the following dates shall be treated as the date
of the receipt of the survivor's application for benefits described in
clause (i):
``(I) The date on which the survivor of a veteran (or the
representative of such a survivor) notifies the Secretary of
the death of the veteran through a death certificate or other
relevant medical evidence indicating that the death was due to
a service-connected or compensable disability.
``(II) The head of any other department or agency of the
Federal Government notifies the Secretary of the death of the
veteran.
``(iii) In notifying the Secretary of the death of a veteran as
described in clause (ii)(I), the survivor (or the representative of
such a survivor) may submit to the Secretary additional documents
relating to such death without being required to file a formal
claim.''.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, 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 benefits paid pursuant to covered
claims.
(2) Contents.--The report under paragraph (1) shall include
the following:
(A) The number of covered claims adjudicated during
the one-year period preceding the date of the report,
disaggregated by the following:
(i) Claims in which the claimant claimed
entitlement to compensation on the basis of the
claimant's status as the spouse of a deceased
veteran.
(ii) Claims in which the claimant claimed
entitlement to compensation on the basis of the
claimant's status as the child of a deceased
veteran.
(iii) Claims in which the claimant claimed
entitlement to compensation on the basis of the
claimant's status as the parent of a deceased
veteran.
(B) The number of covered claims that were
adjudicated during such period and for which
compensation was not awarded, disaggregated by clauses
(i) through (iii) of subparagraph (A).
(C) A comparison of the accuracy and timeliness of
covered claims adjudicated during such period with non-
covered claims filed by survivors of a veteran.
(D) The findings of the Secretary with respect to
adjudicating covered claims.
(E) Such recommendations as the Secretary may have
for legislative or administrative action to improve the
adjudication of claims submitted to the Secretary for
benefits under chapters 13 and 15 and sections 2302,
2307, and 5121 of title 38, United States Code.
(3) Covered claim defined.--In this subsection, the term
``covered claim'' means a claim covered by section
5101(a)(1)(B) of title 38, United States Code, as added by
subsection (a).
(c) Effective Date.--The amendments made by subsection (a) shall
apply with respect to claims for benefits based on a death occurring on
or after the date of the enactment of this Act.
SEC. 6. PRIORITY FOR PROCESSING CLAIMS OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Subchapter I of chapter 51 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 5109C. Priority for processing claims
``(a) Priority.--In processing claims for compensation under this
chapter, the Secretary shall provide the following claimants with
priority over other claimants:
``(1) Veterans who have attained the age of 70.
``(2) Veterans who are terminally ill.
``(3) Veterans with life-threatening illnesses.
``(4) Homeless veterans (as defined in section 2002 of this
title).
``(5) Veterans who were awarded the Medal of Honor.
``(6) Veterans who are former prisoners of war.
``(7) Veterans whose claims are being reviewed again in
relation to a previously denied claim relating to military
sexual trauma.
``(8) Veterans whom the Secretary determines, on a case-by-
case basis, are seriously or very seriously injured.
``(9) Veterans whom the Secretary determines, on a case-by-
case basis, should be given priority under this section based
on an application for good cause established by the Secretary.
``(b) Regulations.--The Secretary shall prescribe regulations to
carry out subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
5109B the following new item:
``5109C. Priority for processing claims.''.
SEC. 7. TREATMENT OF MEDICAL EVIDENCE PROVIDED BY NON-DEPARTMENT OF
VETERANS AFFAIRS MEDICAL PROFESSIONALS IN SUPPORT OF
CLAIMS FOR DISABILITY COMPENSATION.
(a) Acceptance of Reports of Private Physician Examinations.--
Section 5125 of title 38, United States Code, is amended--
(1) by striking ``For purposes'' and inserting ``(a) In
General.--For purposes''; and
(2) by adding at the end the following new subsections:
``(b) Sufficiency of Evidence.--If a veteran has submitted a
medical opinion or report of a medical examination administered by a
private physician in support of the veteran's claim, the Secretary may
not order a medical examination to be administered by a Department
physician unless the Secretary provides the veteran with a thorough
explanation of why the medical opinion or report submitted by the
veteran was not sufficiently complete and the reason why additional
medical evidence is necessary.
``(c) Sufficiently Complete Defined.--For purposes of a medical
opinion or report described in subsection (a), the term `sufficiently
complete' means competent, credible, probative, and containing such
information as may be required to make a decision on the claim for
which the medical opinion or report is provided.''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to medical evidence submitted after the date that is one
year after the date of the enactment of this Act by veterans who have
not submitted any claim for disability compensation to the Secretary of
Veterans Affairs before such date.
(c) Annual Reports.--
(1) In general.--During the three-year period beginning
three years after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the
Senate an annual report on the implementation of section
5125(b) of title 38, United States Code, as added by subsection
(a).
(2) Matters included.--Each report under paragraph (1)
shall include, with respect to the year covered by the report,
the following:
(A) The number of veterans who submitted a medical
opinion or report of a medical examination administered
by a private physician in support of the veteran's
claim for disability compensation as described in
section 5125(b) of title 38, United States Code, as
added by subsection (a).
(B) Of the number of veterans described in
subparagraph (A), the number of veterans whose medical
opinion or report of a medical examination administered
by a private physician was determined by the Secretary
to not be sufficiently complete pursuant to such
section 5125(b), including the five most frequent
reasons for such a determination.
(C) A comparison of the approval rate of claims for
disability compensation with respect to--
(i) veterans who submitted medical opinions
or reports of a medical examination
administered by a private physician in support
of the veteran's claim; and
(ii)(I) veterans who did submit such
opinions or reports but such opinions or
reports were determined by the Secretary to not
be sufficiently complete pursuant to such
section 5125(b); and
(II) veterans who did not submit such
opinions or reports.
SEC. 8. AUTOMATIC ANNUAL INCREASE IN RATES OF DISABILITY COMPENSATION
AND DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Indexing to Social Security Increases.--Section 5312 of title
38, United States Code, is amended by adding at the end the following
new subsection:
``(d)(1) During the nine-year period beginning on December 1, 2016,
whenever there is an increase in benefit amounts payable under title II
of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a
determination made under section 215(i) of such Act (42 U.S.C. 415(i)),
the Secretary shall, effective on the date of such increase in benefit
amounts, increase the dollar amounts in effect for the payment of
disability compensation and dependency and indemnity compensation by
the Secretary, as specified in paragraph (2), as such amounts were in
effect immediately before the date of such increase in benefit amounts
payable under title II of the Social Security Act, by the same
percentage as the percentage by which such benefit amounts are
increased.
``(2) The dollar amounts to be increased pursuant to paragraph (1)
are the following:
``(A) Wartime disability compensation.--Each of the dollar
amounts in effect under section 1114 of this title.
``(B) Additional compensation for dependents.--Each of the
dollar amounts in effect under section 1115(1) of this title.
``(C) Clothing allowance.--The dollar amount in effect
under section 1162 of this title.
``(D) Dependency and indemnity compensation to surviving
spouse.--Each of the dollar amounts in effect under subsections
(a) through (d) of section 1311 of such title.
``(E) Dependency and indemnity compensation to children.--
Each of the dollar amounts in effect under sections 1313(a) and
1314 of such title.
``(3) Whenever there is an increase under paragraph (1) in amounts
in effect for the payment of disability compensation and dependency and
indemnity compensation, the Secretary shall publish such amounts, as
increased pursuant to such paragraph, in the Federal Register at the
same time as the material required by section 215(i)(2)(D) of the
Social Security Act (42 U.S.C. 415(i)(2)(D)) is published by reason of
a determination under section 215(i) of such Act (42 U.S.C. 415(i)).
``(4) Each dollar amount increased under paragraph (1), if not a
whole dollar amount, shall be rounded to the next lower whole dollar
amount.
``(5) The Secretary of Veterans Affairs may adjust
administratively, consistent with the increases made under subsection
(a), the rates of disability compensation payable to persons under
section 10 of Public Law 85-857 (72 Stat. 1263) who have not received
compensation under chapter 11 of this title.''.
(b) Effective Date.--Subsection (d) of section 5312 of title 38,
United States Code, as added by subsection (a) of this section, shall
take effect on December 1, 2016.
SEC. 9. IMPROVEMENT OF FIDUCIARIES FOR VETERANS.
(a) Appointment and Supervision.--
(1) Section 5502 of title 38, United States Code, is
amended to read as follows:
``Sec. 5502. Appointment of fiduciaries
``(a) Appointment.--Where it appears to the Secretary that the
interest of the beneficiary would be served thereby, payment of
benefits under any law administered by the Secretary may be made
directly to the beneficiary or to a relative or some other fiduciary
for the use and benefit of the beneficiary, regardless of any legal
disability on the part of the beneficiary.
``(b) Appeals.--(1) If the Secretary determines a beneficiary to be
mentally incompetent for purposes of appointing a fiduciary under this
chapter, the Secretary shall provide such beneficiary with a written
statement detailing the reasons for such determination.
``(2) A beneficiary whom the Secretary has determined to be
mentally incompetent for purposes of appointing a fiduciary under this
chapter may appeal such determination.
``(c) Modification.--(1) A beneficiary for whom the Secretary
appoints a fiduciary under this chapter may, at any time, request the
Secretary to--
``(A) remove the fiduciary so appointed; and
``(B) have a new fiduciary appointed.
``(2) The Secretary shall comply with a request under paragraph (1)
if the Secretary determines that the request is made in good faith
and--
``(A) the fiduciary requested to be removed receives a fee
from the beneficiary and a suitable volunteer fiduciary is
available to assist the beneficiary; or
``(B) the beneficiary provides credible information that
the fiduciary requested to be removed is--
``(i) not acting in the interest of the
beneficiary; or
``(ii) unable to effectively serve the beneficiary
because of an irreconcilable personality conflict or
disagreement.
``(3) The Secretary shall ensure that any removal or new
appointment of a fiduciary under paragraph (1) does not delay or
interrupt the beneficiary's receipt of benefits administered by the
Secretary.
``(d) Independence.--A fiduciary appointed by the Secretary shall
operate independently of the Department to determine the actions that
are in the interest of the beneficiary.
``(e) Predesignation.--A veteran may predesignate a fiduciary by--
``(1) submitting written notice to the Secretary of the
predesignated fiduciary; or
``(2) submitting a form provided by the Secretary for such
purpose.
``(f) Appointment of Non-Predesignated Fiduciary.--If a beneficiary
designates an individual to serve as a fiduciary under subsection (e)
and the Secretary appoints an individual not so designated as the
fiduciary for such beneficiary, the Secretary shall notify such
beneficiary of--
``(1) the reason why such designated individual was not
appointed; and
``(2) the ability of the beneficiary to modify the
appointed fiduciary under subsection (c).
``(g) Priority of Appointment.--In appointing a fiduciary under
this chapter, if a beneficiary does not designate a fiduciary pursuant
to subsection (e), to the extent possible the Secretary shall appoint a
person who is--
``(1) a relative of the beneficiary;
``(2) appointed as guardian of the beneficiary by a court
of competent jurisdiction; or
``(3) authorized to act on behalf of the beneficiary under
a durable power of attorney.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 38, United States Code, is
amended by striking the item relating to section 5502 and
inserting the following:
``5502. Appointment of fiduciaries.''.
(b) Supervision.--
(1) In general.--Chapter 55 of title 38, United States
Code, is amended by inserting after section 5502, as amended by
subsection (a)(1), the following new section:
``Sec. 5502A. Supervision of fiduciaries
``(a) Commission.--(1)(A) In a case in which the Secretary
determines that a commission is necessary in order to obtain the
services of a fiduciary in the best interests of a beneficiary, the
Secretary may authorize a fiduciary appointed by the Secretary to
obtain from the monthly benefits provided to the beneficiary a
reasonable commission for fiduciary services rendered, but the
commission for any month may not exceed the lesser of the following
amounts:
``(i) The amount that equals three percent of the monthly
monetary benefits under laws administered by the Secretary paid
on behalf of the beneficiary to the fiduciary.
``(ii) $35.
``(B) A commission paid under this paragraph may not be derived
from any award to a beneficiary regarding back pay or retroactive
benefits payments.
``(C) A commission may not be authorized for a fiduciary who
receives any other form of remuneration or payment in connection with
rendering fiduciary services for benefits under this title on behalf of
the beneficiary.
``(D) In accordance with section 6106 of this title, a commission
may not be paid to a fiduciary if the Secretary determines that the
fiduciary misused any benefit payments of a beneficiary.
``(E) If the Secretary determines that the fiduciary has misused
any benefit or payments of a beneficiary, the Secretary may revoke the
fiduciary status of the fiduciary.
``(2) Where, in the opinion of the Secretary, any fiduciary
receiving funds on behalf of a Department beneficiary is acting in such
a number of cases as to make it impracticable to conserve properly the
estates or to supervise the persons of the beneficiaries, the Secretary
may refuse to make future payments in such cases as the Secretary may
deem proper.
``(b) Court.--Whenever it appears that any fiduciary, in the
opinion of the Secretary, is not properly executing or has not properly
executed the duties of the trust of such fiduciary or has collected or
paid, or is attempting to collect or pay, fees, commissions, or
allowances that are inequitable or in excess of those allowed by law
for the duties performed or expenses incurred, or has failed to make
such payments as may be necessary for the benefit of the ward or the
dependents of the ward, then the Secretary may appear, by the
Secretary's authorized attorney, in the court which has appointed such
fiduciary, or in any court having original, concurrent, or appellate
jurisdiction over said cause, and make proper presentation of such
matters. The Secretary, in the Secretary's discretion, may suspend
payments to any such fiduciary who shall neglect or refuse, after
reasonable notice, to render an account to the Secretary from time to
time showing the application of such payments for the benefit of such
incompetent or minor beneficiary, or who shall neglect or refuse to
administer the estate according to law. The Secretary may require the
fiduciary, as part of such account, to disclose any additional
financial information concerning the beneficiary (except for
information that is not available to the fiduciary). The Secretary may
appear or intervene by the Secretary's duly authorized attorney in any
court as an interested party in any litigation instituted by the
Secretary or otherwise, directly affecting money paid to such fiduciary
under this section.
``(c) Payment of Certain Expenses.--Authority is hereby granted for
the payment of any court or other expenses incident to any
investigation or court proceeding for the appointment of any fiduciary
or other person for the purpose of payment of benefits payable under
laws administered by the Secretary or the removal of such fiduciary and
appointment of another, and of expenses in connection with the
administration of such benefits by such fiduciaries, or in connection
with any other court proceeding hereby authorized, when such payment is
authorized by the Secretary.
``(d) Temporary Payment of Benefits.--All or any part of any
benefits the payment of which is suspended or withheld under this
section may, in the discretion of the Secretary, be paid temporarily to
the person having custody and control of the incompetent or minor
beneficiary, to be used solely for the benefit of such beneficiary, or,
in the case of an incompetent veteran, may be apportioned to the
dependent or dependents, if any, of such veteran. Any part not so paid
and any funds of a mentally incompetent or insane veteran not paid to
the chief officer of the institution in which such veteran is a patient
nor apportioned to the veteran's dependent or dependents may be ordered
held in the Treasury to the credit of such beneficiary. All funds so
held shall be disbursed under the order and in the discretion of the
Secretary for the benefit of such beneficiary or the beneficiary's
dependents. Any balance remaining in such fund to the credit of any
beneficiary may be paid to the beneficiary if the beneficiary recovers
and is found competent, or if a minor, attains majority, or otherwise
to the beneficiary's fiduciary, or, in the event of the beneficiary's
death, to the beneficiary's personal representative, except as
otherwise provided by law; however, payment will not be made to the
beneficiary's personal representative if, under the law of the
beneficiary's last legal residence, the beneficiary's estate would
escheat to the State. In the event of the death of a mentally
incompetent or insane veteran, all gratuitous benefits under laws
administered by the Secretary deposited before or after August 7, 1959,
in the personal funds of patient's trust fund on account of such
veteran shall not be paid to the personal representative of such
veteran, but shall be paid to the following persons living at the time
of settlement, and in the order named: The surviving spouse, the
children (without regard to age or marital status) in equal parts, and
the dependent parents of such veteran, in equal parts. If any balance
remains, such balance shall be deposited to the credit of the
applicable current appropriation; except that there may be paid only so
much of such balance as may be necessary to reimburse a person (other
than a political subdivision of the United States) who bore the
expenses of last sickness or burial of the veteran for such expenses.
No payment shall be made under the two preceding sentences of this
subsection unless claim therefor is filed with the Secretary within
five years after the death of the veteran, except that, if any person
so entitled under said two sentences is under legal disability at the
time of death of the veteran, such five-year period of limitation shall
run from the termination or removal of the legal disability.
``(e) Escheatment.--Any funds in the hands of a fiduciary appointed
by a State court or the Secretary derived from benefits payable under
laws administered by the Secretary, which under the law of the State
wherein the beneficiary had last legal residence would escheat to the
State, shall escheat to the United States and shall be returned by such
fiduciary, or by the personal representative of the deceased
beneficiary, less legal expenses of any administration necessary to
determine that an escheat is in order, to the Department, and shall be
deposited to the credit of the applicable revolving fund, trust fund,
or appropriation.
``(f) Assistance.--The Secretary shall provide to a fiduciary
appointed under section 5502 of this title materials and tools to
assist the fiduciary in carrying out the responsibilities of the
fiduciary under this chapter, including--
``(1) handbooks, brochures, or other written material that
explain the responsibilities of a fiduciary under this chapter;
``(2) tools located on an Internet website, including forms
to submit to the Secretary required information; and
``(3) assistance provided by telephone.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 38, United States Code, is
amended by inserting after the item relating to section 5502
the following new item:
``5502A. Supervision of fiduciaries.''.
(c) Definition of Fiduciary.--Section 5506 of title 38, United
States Code, is amended--
(1) by striking ``For purposes'' and inserting ``(a) For
purposes''; and
(2) by adding at the end the following new subsection:
``(b)(1) For purposes of subsection (a), the term `person' includes
any--
``(A) State or local government agency whose mission is to
carry out income maintenance, social service, or health care-
related activities;
``(B) any State or local government agency with fiduciary
responsibilities; or
``(C) any nonprofit social service agency that the
Secretary determines--
``(i) regularly provides services as a fiduciary
concurrently to five or more individuals; and
``(ii) is not a creditor of any such individual.
``(2) The Secretary shall maintain a list of State or local
agencies and nonprofit social service agencies under paragraph (1) that
are qualified to act as a fiduciary under this chapter. In maintaining
such list, the Secretary may consult the lists maintained under section
807(h) of the Social Security Act (42 U.S.C. 1007(h)).''.
(d) Qualifications.--Section 5507 of title 38, United States Code,
is amended to read as follows:
``Sec. 5507. Inquiry, investigations, and qualification of fiduciaries
``(a) Investigation.--Any certification of a person for payment of
benefits of a beneficiary to that person as such beneficiary's
fiduciary under section 5502 of this title shall be made on the basis
of--
``(1) an inquiry or investigation by the Secretary of the
fitness of that person to serve as fiduciary for that
beneficiary to be conducted in advance of such certification
and in accordance with subsection (b);
``(2) adequate evidence that certification of that person
as fiduciary for that beneficiary is in the interest of such
beneficiary (as determined by the Secretary under regulations);
``(3) adequate evidence that the person to serve as
fiduciary protects the private information of a beneficiary in
accordance with subsection (d)(1); and
``(4) the furnishing of any bond that may be required by
the Secretary in accordance with subsection (f).
``(b) Elements of Investigation.--(1) In conducting an inquiry or
investigation of a proposed fiduciary under subsection (a)(1), the
Secretary shall conduct--
``(A) a face-to-face interview with the proposed fiduciary
by not later than 30 days after the date on which such inquiry
or investigation begins; and
``(B) a background check of the proposed fiduciary to--
``(i) in accordance with paragraph (2), determine
whether the proposed fiduciary has been convicted of a
crime; and
``(ii) determine whether the proposed fiduciary
will serve the best interest of the beneficiary,
including by conducting a credit check of the proposed
fiduciary and checking the records under paragraph (5).
``(2) The Secretary shall request information concerning whether
that person has been convicted of any offense under Federal or State
law. If that person has been convicted of such an offense, the
Secretary may certify the person as a fiduciary only if the Secretary
finds that the person is an appropriate person to act as fiduciary for
the beneficiary concerned under the circumstances.
``(3) The Secretary shall conduct the background check described in
paragraph (1)(B)--
``(A) each time a person is proposed to be a fiduciary,
regardless of whether the person is serving or has served as a
fiduciary; and
``(B) at no expense to the beneficiary.
``(4) Each proposed fiduciary shall disclose to the Secretary the
number of beneficiaries that the fiduciary acts on behalf of.
``(5) The Secretary shall maintain records of any person who has--
``(A) previously served as a fiduciary; and
``(B) had such fiduciary status revoked by the Secretary.
``(6)(A) If a fiduciary appointed by the Secretary is convicted of
a crime described in subparagraph (B), the Secretary shall notify the
beneficiary of such conviction by not later than 14 days after the date
on which the Secretary learns of such conviction.
``(B) A crime described in this subparagraph is a crime--
``(i) for which the fiduciary is convicted while serving as
a fiduciary for any person;
``(ii) that is not included in a report submitted by the
fiduciary under section 5509(a) of this title; and
``(iii) that the Secretary determines could affect the
ability of the fiduciary to act on behalf of the beneficiary.
``(c) Investigation of Certain Persons.--(1) In the case of a
proposed fiduciary described in paragraph (2), the Secretary, in
conducting an inquiry or investigation under subsection (a)(1), may
carry out such inquiry or investigation on an expedited basis that may
include giving priority to conducting such inquiry or investigation.
Any such inquiry or investigation carried out on such an expedited
basis shall be carried out under regulations prescribed for purposes of
this section.
``(2) Paragraph (1) applies with respect to a proposed fiduciary
who is--
``(A) the parent (natural, adopted, or stepparent) of a
beneficiary who is a minor;
``(B) the spouse or parent of an incompetent beneficiary;
``(C) a person who has been appointed a fiduciary of the
beneficiary by a court of competent jurisdiction;
``(D) being appointed to manage an estate where the annual
amount of veterans benefits to be managed by the proposed
fiduciary does not exceed $3,600, as adjusted pursuant to
section 5312 of this title; or
``(E) a person who is authorized to act on behalf of the
beneficiary under a durable power of attorney.
``(d) Protection of Private Information.--(1) A fiduciary shall
take all reasonable precautions to--
``(A) protect the private information of a beneficiary,
including personally identifiable information; and
``(B) securely conducts financial transactions.
``(2) A fiduciary shall notify the Secretary of any action of the
fiduciary that compromises or potentially compromises the private
information of a beneficiary.
``(e) Potential Misuse of Funds.--(1) If the Secretary has reason
to believe that a fiduciary may be misusing all or part of the benefit
of a beneficiary, the Secretary shall--
``(A) conduct a thorough investigation to determine the
veracity of such belief; and
``(B) if such veracity is established, transmit to the
officials described in paragraph (2) a report of such
investigation.
``(2) The officials described in this paragraph are the following:
``(A) The Attorney General.
``(B) Each head of a Federal department or agency that pays
to a fiduciary or other person benefits under any law
administered by such department of agency for the use and
benefit of a minor, incompetent, or other beneficiary.
``(f) Bond.--In determining whether a proposed fiduciary is
required to furnish a bond under subsection (a)(4), the Secretary shall
consider--
``(1) the existence of any familial or other personal
relationship between the proposed fiduciary and the
beneficiary; and
``(2) the care the proposed fiduciary has taken to protect
the interests of the beneficiary.
``(g) List of Fiduciaries.--Each regional office of the Veterans
Benefits Administration shall maintain a list of the following:
``(1) The name and contact information of each fiduciary,
including address, telephone number, and email address.
``(2) With respect to each fiduciary described in paragraph
(1)--
``(A) the date of the most recent background check
and credit check performed by the Secretary under this
section;
``(B) the date that any bond was paid under this
section;
``(C) the name, address, and telephone number of
each beneficiary the fiduciary acts on behalf of; and
``(D) the amount that the fiduciary controls with
respect to each beneficiary described in subparagraph
(C).''.
(e) Annual Receipt of Payments.--
(1) In general.--Section 5509 of title 38, United States
Code, is amended--
(A) in subsection (a)--
(i) by striking ``may require a fiduciary
to file a'' and inserting ``shall require a
fiduciary to file an annual''; and
(ii) by adding at the end the following new
sentence: ``The Secretary shall transmit such
annual report or accounting to the beneficiary
and any legal guardian of such beneficiary.'';
(B) by adding at the end the following new
subsections:
``(c) Matters Included.--Except as provided by subsection (f), an
annual report or accounting under subsection (a) shall include the
following:
``(1) For each beneficiary that a fiduciary acts on behalf
of--
``(A) the amount of the benefits of the beneficiary
provided under any law administered by the Secretary
accrued during the year, the amount spent, and the
amount remaining; and
``(B) if the fiduciary serves the beneficiary with
respect to benefits not administered by the Secretary,
an accounting of all sources of benefits or other
income the fiduciary oversees for the beneficiary.
``(2) A list of events that occurred during the year
covered by the report that could affect the ability of the
fiduciary to act on behalf of the beneficiary, including--
``(A) the fiduciary being convicted of any crime;
``(B) the fiduciary declaring bankruptcy; and
``(C) any judgments entered against the fiduciary.
``(d) Random Audits.--The Secretary shall annually conduct random
audits of fiduciaries who receive a commission pursuant to subsection
5502A(a)(1) of this title.
``(e) Status of Fiduciary.--If a fiduciary includes in the annual
report events described in subsection (c)(2), the Secretary may take
appropriate action to adjust the status of the fiduciary as the
Secretary determines appropriate, including by revoking the fiduciary
status of the fiduciary.
``(f) Caregivers and Certain Other Fiduciaries.--(1)(A) In carrying
out this section, the Secretary shall ensure that a caregiver fiduciary
is required only to file an annual report or accounting under
subsection (a) with respect to the amount of the benefits of the
beneficiary provided under any law administered by the Secretary--
``(i) spent on--
``(I) food and housing for the beneficiary; and
``(II) clothing, health-related expenses,
recreation, and other personal items for the
beneficiary; and
``(ii) saved for the beneficiary.
``(B) The Secretary shall coordinate with the Under Secretary for
Benefits and the Under Secretary for Health to--
``(i) minimize the frequency with which employees of the
Department visit the home of a caregiver fiduciary and
beneficiary; and
``(ii) limit the extent of supervision by such Under
Secretaries with respect to such a fiduciary and beneficiary.
``(C) In this paragraph, the term `caregiver fiduciary' means a
fiduciary who--
``(i) in addition to acting as a fiduciary for a
beneficiary, is approved by the Secretary to be a provider of
personal care services for the beneficiary under paragraph
(3)(A)(i) of section 1720G(a) of this title;
``(ii) in carrying out such care services to such
beneficiary, has undergone not less than four home visits under
paragraph (9)(A) of such section; and
``(iii) has not been required by the Secretary to take
corrective action pursuant to paragraph (9)(C) of such section.
``(2) In carrying out this section, the Secretary may adjust the
matters required under an annual report or accounting under subsection
(a) with respect to a fiduciary whom the Secretary determines to have
effectively protected the interests of the beneficiary over a sustained
period.''; and
(C) by striking the section heading and inserting
the following: ``Annual reports and accountings of
fiduciaries''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 38, United States Code, is
amended by striking the item relating to section 5509 and
inserting the following new item:
``5509. Annual reports and accountings of fiduciaries.''.
(f) Repayment of Misused Benefits.--Section 6107(a)(2)(C) of title
38, United States Code, is amended by inserting before the period the
following: ``, including by the Secretary not acting in accordance with
section 5507 of this title''.
(g) Annual Reports.--Section 5510 of title 38, United States Code,
is amended by striking ``The Secretary shall include in the Annual
Benefits Report of the Veterans Benefits Administration or the
Secretary's Annual Performance and Accountability Report'' and
inserting ``Not later than July 1 of each year, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a separate report containing''.
(h) Report.--Not later than two years after the date of the
enactment of this Act, 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 comprehensive
report on the implementation of the amendments made by this Act,
including--
(1) detailed information on the establishment of new
policies and procedures pursuant to such amendments and
training provided on such policies and procedures; and
(2) a discussion of whether the Secretary should provide
fiduciaries with standardized financial software to simplify
reporting requirements.
(i) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
SEC. 10. BOARD OF VETERANS' APPEALS VIDEO HEARINGS.
Section 7107 of title 38, United States Code, is amended--
(1) in subsection (d), by amending paragraph (1) to read as
follows:
``(1)(A) Upon request for a hearing, the Board shall determine, for
purposes of scheduling the hearing for the earliest possible date,
whether a hearing before the Board will be held at its principal
location or at a facility of the Department or other appropriate
Federal facility located within the area served by a regional office of
the Department. The Board shall also determine whether to provide a
hearing through the use of the facilities and equipment described in
subsection (e)(1) or by the appellant personally appearing before a
Board member or panel.
``(B) The Board shall notify the appellant of the determinations of
the location and type of hearing made under subparagraph (A). Upon
notification, the appellant may request a different location or type of
hearing as described in such subparagraph. If so requested, the Board
shall grant such request and ensure that the hearing is scheduled at
the earliest possible date without any undue delay or other prejudice
to the appellant.''; and
(2) in subsection (e), by amending paragraph (2) to read as
follows:
``(2) Any hearing provided through the use of the facilities and
equipment described in paragraph (1) shall be conducted in the same
manner as, and shall be considered the equivalent of, a personal
hearing.''.
SEC. 11. IMPROVEMENTS TO AUTHORITY FOR PERFORMANCE OF MEDICAL
DISABILITIES EXAMINATIONS BY CONTRACT PHYSICIANS.
(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, 2015'' and inserting ``December 31,
2017''.
(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 unrestricted license to
practice the health care profession of the physician;
``(B) is not barred from practicing such health
care profession in any State, the District of Columbia,
or a Commonwealth, territory, or possession of the
United States; and
``(C) 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 unrestricted license to
practice the health care profession of the physician;
``(B) is not barred from practicing such health
care profession in any State, the District of Columbia,
or a Commonwealth, territory, or possession of the
United States; and
``(C) is performing authorized duties for the
Department of Veterans Affairs pursuant to a contract
entered into under subsection (a).''.
SEC. 12. PILOT PROGRAM ON FULLY DEVELOPED APPEALS.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a pilot program to provide the option of an alternative appeals process
that shall more quickly determine such appeals in accordance with this
section.
(b) Election.--
(1) Filing.--In accordance with paragraph (2), a claimant
may elect to file a fully developed appeal under the pilot
program under subsection (a) by filing with the Secretary the
following:
(A) The notice of disagreement under chapter 71 of
title 38, United States Code, along with the written
election of the claimant to have the appeal determined
under the pilot program.
(B) All evidence that the claimant believes is
needed for the appeal as of the date of the filing.
(C) A statement of the argument in support of the
claim, if any.
(2) Timing.--A claimant shall make an election under
paragraph (1) as part of the notice of disagreement filed by
the claimant in accordance with paragraph (1)(A).
(3) Reversion.--
(A) At any time, a claimant who makes an election
under paragraph (1) may elect to revert to the standard
appeals process. Such a reversion shall be final.
(B) A claimant described in subparagraph (A), or a
claimant who makes an election under paragraph (1) but
is later determined to be ineligible for the pilot
program under subsection (a), shall revert to the
standard appeals process without any penalty to the
claimant other than the loss of the docket number
associated with the fully developed appeal.
(4) Outreach.--In providing claimants with notices of the
determination of a claim during the period in which the pilot
program under subsection (a) is carried out, the Secretary
shall conduct outreach as follows:
(A) The Secretary shall provide to the claimant
(and to the representative of record of the claimant,
if any) information regarding--
(i) the pilot program, including the
advantages and disadvantages of the program;
(ii) how to make an election under
paragraph (1);
(iii) the limitation on the use of new
evidence described in paragraph (3) of
subsection (c) and the development of
information under paragraph (4) of such
subsection; and
(iv) the ability of the claimant to seek
advice and education regarding such process
from veterans service organizations, attorneys,
and claims agents recognized under chapter 59
of title 38, United States Code.
(B) The Secretary shall collaborate, partner with,
and give weight to the advice of the three veterans
service organizations with the most members to publish
on the Internet website of the Department of Veterans
Affairs an online tutorial explaining the advantages
and disadvantages of the pilot program.
(c) Treatment by Department and Board.--
(1) Process.--Upon the election of a claimant to file a
fully developed appeal pursuant to subsection (b)(1), the
Secretary shall--
(A) not provide the claimant with a statement of
the case nor require the claimant to file a substantive
appeal; and
(B) transfer jurisdiction over the fully developed
appeal directly to the Board of Veterans' Appeals.
(2) Docket.--
(A) The Board of Veterans' Appeals shall--
(i) maintain fully developed appeals on a
separate docket than standard appeals;
(ii) decide fully developed appeals in the
order that the fully developed appeals are
received on the fully developed appeal docket;
(iii) except as provided by subparagraph
(B), decide not more than one fully developed
appeal for each four standard appeals decided;
and
(iv) to the extent practicable, decide each
fully developed appeal by the date that is one
year following the date on which the claimant
files the notice of disagreement.
(B) Beginning one year after the date on which the
pilot program under subsection (a) commences, the Board
may adjust the number of standard appeals decided for
each fully developed appeal under subparagraph (A)(iii)
if the Board determines that such adjustment is fair
for both standard appeals and fully developed appeals.
(3) Limitation on use of new evidence.--
(A) Except as provided by subparagraphs (B) and
(C)--
(i) a claimant may not submit or identify
to the Board of Veterans' Appeals any new
evidence relating to a fully developed appeal
after filing such appeal unless the claimant
reverts to the standard appeals process
pursuant to subsection (b)(3); and
(ii) if a claimant submits or identifies
any such new evidence, such submission or
identification shall be deemed to be an
election to make such a reversion pursuant to
subsection (b)(3).
(B) Subparagraph (A) shall not apply to evidence
developed pursuant to paragraphs (4) and (5). The Board
shall consider such evidence in the first instance
without consideration by the Veterans Benefits
Administration.
(C) The representative of record of a claimant for
appeals purposes, if any, shall be provided an
opportunity to review the fully developed appeal of the
claimant and submit any additional arguments or
evidence that the representative determines necessary
during a period specified by the Board for purposes of
this subparagraph.
(4) Prohibition on remand for additional development.--If
the Board of Veterans' Appeals determines that a fully
developed appeal requires Federal records, independent medical
opinions, or new medical examinations, the Board shall--
(A) in accordance with paragraph (5), take such
actions as may be necessary to develop such records,
opinions, or examinations in accordance with section
5103A of title 38, United States Code;
(B) retain jurisdiction of the fully developed
appeal without requiring a determination by the
Veterans Benefits Administration based on such records,
opinions, or examinations;
(C) ensure the claimant, and the representative of
record of a claimant, if any, receives a copy of such
records, opinions, or examinations; and
(D) provide the claimant a period of 90 days after
the date of mailing such records, opinions, or
examinations during which the claimant may provide the
Board any additional evidence without requiring the
claimant to make a reversion pursuant to subsection
(b)(3).
(5) Development unit.--
(A) The Board of Veterans' Appeals shall establish
an office to develop Federal records, independent
medical opinions, and new medical examinations pursuant
to paragraph (4)(A) that the Board determines necessary
to decide a fully developed appeal.
(B) The Secretary shall--
(i) ensure that the Veterans Benefits
Administration cooperates with the Board of
Veterans' Appeals in carrying out subparagraph
(A); and
(ii) transfer employees of the Veterans
Benefits Administration who, prior to the
enactment of this Act, were responsible for
processing claims remanded by the Board of
Veterans' Appeals to positions within the
office of the Board established under
subparagraph (A) in a number the Secretary
determines sufficient to carry out such
subparagraph.
(6) Hearings.--Notwithstanding section 7107 of title 38,
United States Code, the Secretary may not provide hearings with
respect to fully developed appeals. If a claimant requests to
hold a hearing pursuant to such section 7107, such request
shall be deemed to be an election to revert to the standard
appeals process pursuant to subsection (b)(3).
(d) Duration; Application.--The Secretary shall carry out the pilot
program under subsection (a) for a five-year period beginning one year
after the date of the enactment of this Act. This section shall apply
only to fully developed appeals that are filed during such period.
(e) Reports.--During each year in which the pilot program under
subsection (a) is carried out, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report on the pilot program. The first such report shall be
submitted by not later than 180 days after the date on which the pilot
program commences. Each report shall include the following:
(1) For the period covered by the report--
(A) the number of claimants who filed a fully
developed appeal under the pilot program;
(B) the average processing time for each such
appeal, measured by each phase of the appeal, and, if
the processing time for appeals exceed one year, the
reasons for such processing time;
(C) a summary of reasons for which the development
of evidence was required under subsection (c)(5);
(D) the number of issues decided, listed by the
disposition of the issue;
(E) of the number identified in subparagraph (D),
the number of issues for which evidence was not so
developed, listed by the disposition of the issue;
(F) of the number of fully developed appeals
decided by the Board of Veterans' Appeals, the number
of cases from each agency of original jurisdiction,
listed by the disposition of the issue;
(G) the number of fully developed appeals appealed
to the Court of Appeals for Veterans Claims, listed by
the disposition of the case;
(H) the number of reversions made under subsection
(b)(3); and
(I) any reasons for why a claimant was determined
to be ineligible to participate in the pilot program.
(2) A review, made in conjunction with veterans service
organizations, of the efforts of the Secretary to provide clear
rating decisions and improve disability rating notification
letters, including with respect to--
(A) the opinions of veterans service organizations
regarding such efforts; and
(B) how the pilot program improves such efforts.
(3) A recommendation for any changes to improve the pilot
program.
(4) An assessment of the feasibility and advisability of
expanding the pilot program.
(f) Regulations.--Not later than one day after the date of the
enactment of this Act, the Secretary shall publish interim guidance on
the pilot program under subsection (a). Not later than 90 days after
such date of enactment, the Secretary shall prescribe regulations to
carry out such pilot program.
(g) Definitions.--In this section:
(1) The term ``claimant'' has the meaning given that term
in section 5100 of title 38, United States Code.
(2) The term ``compensation'' has the meaning given that
term in section 101 of title 38, United States Code.
(3) The term ``fully developed appeal'' means an appeal of
a claim for disability compensation that is--
(A) filed by a claimant in accordance with
subsection (b)(1); and
(B) considered in accordance with this section.
(4) The term ``standard appeal'' means an appeal of a claim
for disability compensation that is not a fully developed
appeal.
SEC. 13. DEADLINE FOR CERTIFICATION OF APPEALS FORMS BY REGIONAL
OFFICES OF THE DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Veterans Affairs shall take such steps as may be
necessary to ensure that when a regional office of the Department of
Veterans Affairs receives a form known as ``VA Form 9, Appeal to Board
of Veterans' Appeals'', or any successor form, submitted by a veteran
to appeal a decision relating to a claim, the regional office certifies
such form by not later than one year after the date of the receipt of
the form.
SEC. 14. 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 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.
(B) Matters included.--In carrying out the study
under subparagraph (A), the Commission 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
Department, the annual funding, number
of full-time employees, workload
management 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.
(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
process;
(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 improvements
to the procedures used to process such appeals, and any
related issues that the Commission or Task Force
considers relevant.
(B) Matters included.--In carrying out the study
under subparagraph (A), the Commission 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, workload
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 identification of key
changes that may need to be implemented
to such system.
(ii) Possible improvements to the appeals
process, including an evaluation and
recommendations with respect to whether
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, including--
(aa) the effectiveness of
the workload management of the
Board and the Center;
(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
administrative law judges
certification examination; and
(dd) whether the Board
should continue to require de
novo review of appeals; and
(VI) the role of the Court of
Appeals for Veterans Claims and the
United States Court of Appeals for the
Federal Circuit, including--
(aa) the continued
effectiveness and necessity of
a multi-tiered structure of
judicial review;
(bb) whether the Court of
Appeals for Veterans Claims
should have Article I or
Article III status;
(cc) expansion of either
the Court of Appeals for
Veterans Claims or the United
States Court of Appeals for the
Federal Circuit jurisdiction,
including by allowing such
courts to hear class action
lawsuits with respect to
claims; and
(dd) the possibility of
expanding judicial review of
claims to all Federal circuit
courts of appeals or allowing
judicial review beyond the
Court of Appeals for Veterans
Claims only by the Supreme
Court.
(3) Consideration.--In carrying out the studies under
paragraph (1)(A) and (2)(A) 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) 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 understandable 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 determines 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 respect to
remedies and solutions that the Commission or Task
Force identifies pursuant to such a study.
(B) Implementation.--The Secretary, the Chairman of
the Board, and the Chief Judge shall each--
(i) fully consider the remedies and
solutions submitted to the Secretary, the
Chairman, or the Chief Judge, as the case may
be, under subparagraph (A);
(ii) implement such remedies and solutions
as the Secretary, the Chairman, or the Chief
Judge, respectively, determines appropriate;
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, timely, and cost-effective
plan to eliminate the backlog 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 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 anticipated 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 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
comprehensive report under paragraph (3), the Commission or
Task Force shall submit to the President and Congress a
comprehensive report on--
(A) the progress of the Secretary with respect 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 Chairman of
the Board, and the Chief Judge of the Court of Appeals
for Veterans Claims with respect to implementing
solutions to complete appeals 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 Commission or Task Force first
meets, the Commission or Task Force shall submit to the
President and Congress a comprehensive report on the following:
(A) With respect to the study conducted under
subsection (b)(1)(A)--
(i) The findings, conclusions, and
recommendations of the Commission or Task Force
with respect to the matters referred to in such
subsection.
(ii) The recommendations of the Commission
or Task Force for revising and improving the
backlog of claims and the procedures used to
process claims.
(iii) The progress of the Secretary with
respect to implementing solutions to expedite
the elimination of the backlog of claims
pursuant to subsection (b)(4)(B)(ii).
(iv) Other information and recommendations
with respect to claims as the Commission or
Task Force considers appropriate.
(B) With respect to the study conducted under
subsection (b)(2)(A)--
(i) The findings, conclusions, and
recommendations of the Commission or Task Force
with respect to the matters referred to in such
subsection.
(ii) The recommendations of the Commission
or Task Force for revising and improving the
appeals process;
(iii) The information described in
subsection (b)(4)(A).
(iv) The feasible, timely, and cost
effective 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 solutions to provide
timely appeals of claims.
(vi) Other information and recommendations
with respect to the appeals process 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, 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.
(B) Two members appointed by the minority leader of
the House of Representatives, 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.
(C) Two members appointed by the majority 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.
(D) Two members appointed by the minority 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 President, 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 Secretary 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 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 designated 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 subject 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
advisors, appointed by a majority of the
Commission or Task Force, each from a different
organization that represents the interests of
veterans; and
(ii) seek advice from experts from
nongovernmental organizations (including
veterans service organizations and military
organizations), the Internet technology
industry, 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 appointed 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.
(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 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) 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
appointment 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 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 Schedule 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 comprehensive 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) Definitions.--In this section:
(1) The term ``appeals process'' means the process to
appeal the determination by the Secretary of a claim beginning
with the notice of disagreement filed pursuant to section 7105
of title 38, United States Code, and ending with the review of
a decision by the Supreme Court pursuant to section 7292(c) of
such title.
(2) The term ``Board'' means the Board of Veterans'
Appeals.
(3) The term ``strategic plan'' means the Strategic Plan to
Eliminate the Compensation Claims Backlog, published by the
Secretary of Veterans Affairs on January 25, 2013.
(k) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 15. METHODS FOR VALIDATING CERTAIN WORLD WAR II MERCHANT MARINER
SERVICE CONSIDERED TO BE ACTIVE SERVICE BY THE SECRETARY
OF VETERANS AFFAIRS.
(a) In General.--For the purposes of verifying that an individual
performed service under honorable conditions that satisfies the
requirements of a coastwise merchant seaman who is recognized pursuant
to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95-
202; 38 U.S.C. 106 note) as having performed active duty service for
the purposes described in subsection (c)(1), the Secretary of Defense
shall accept the following:
(1) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom no applicable
Coast Guard shipping or discharge form, ship logbook, merchant
mariner's document or Z-card, or other official employment
record is available, the Secretary shall provide such
recognition on the basis of applicable Social Security
Administration records submitted for or by the individual,
together with validated testimony given by the individual or
the primary next of kin of the individual that the individual
performed such service during the period beginning on December
7, 1941, and ending on December 31, 1946.
(2) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom the
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, or other
official employment record has been destroyed or otherwise
become unavailable by reason of any action committed by a
person responsible for the control and maintenance of such
form, logbook, or record, the Secretary shall accept other
official documentation demonstrating that the individual
performed such service during period beginning on December 7,
1941, and ending on December 31, 1946.
(3) For the purpose of determining whether to recognize
service allegedly performed during the period beginning on
December 7, 1941, and ending on December 31, 1946, the
Secretary shall recognize masters of seagoing vessels or other
officers in command of similarly organized groups as agents of
the United States who were authorized to document any
individual for purposes of hiring the individual to perform
service in the merchant marine or discharging an individual
from such service.
(b) Treatment of Other Documentation.--Other documentation accepted
by the Secretary of Defense pursuant to subsection (a)(2) shall satisfy
all requirements for eligibility of service during the period beginning
on December 7, 1941, and ending on December 31, 1946.
(c) Benefits Allowed.--
(1) Burial benefits eligibility.--Service of an individual
that is considered active duty pursuant to subsection (a) shall
be considered as active duty service with respect to providing
burial benefits under chapters 23 and 24 of title 38, United
States Code, to the individual.
(2) Medals, ribbons, and decorations.--An individual whose
service is recognized as active duty pursuant to subsection (a)
may be awarded an appropriate medal, ribbon, or other military
decoration based on such service.
(3) Status of veteran.--An individual whose service is
recognized as active duty pursuant to subsection (a) shall be
honored as a veteran but shall not be entitled by reason of
such recognized service to any benefit that is not described in
this subsection.
(d) Determination of Coastwise Merchant Seaman.--The Secretary of
Defense shall verify that an individual performed service under
honorable conditions that satisfies the requirements of a coastwise
merchant seaman pursuant to this section without regard to the sex,
age, or disability of the individual during the period in which the
individual served as such a coastwise merchant seaman.
(e) Definition of Primary Next of Kin.--In this section, the term
``primary next of kin'' with respect to an individual seeking
recognition for service under this section means the closest living
relative of the individual who was alive during the period of such
service.
(f) Effective Date.--This section shall take effect 90 days after
the date of the enactment of this Act.
SEC. 16. DESIGNATION OF AMERICAN WORLD WAR II CITIES.
(a) In General.--The Secretary of Veterans Affairs shall designate
at least one city in the United States each year as an ``American World
War II City''.
(b) Criteria for Designation.--After the designation made under
subsection (c), the Secretary, in consultation with the Secretary of
Defense, shall make each designation under subsection (a) based on the
following criteria:
(1) Contributions by a city to the war effort during World
War II, including those related to defense manufacturing, bond
drives, service in the Armed Forces, and the presence of
military facilities within the city.
(2) Efforts by a city to preserve the history of the city's
contributions during World War II, including through the
establishment of preservation organizations or museums,
restoration of World War II facilities, and recognition of
World War II veterans.
(c) First American World War II City.--The city of Wilmington,
North Carolina, is designated as an ``American World War II City''.
SEC. 17. SENSE OF CONGRESS REGARDING AMERICAN VETERANS DISABLED FOR
LIFE.
(a) Findings.--Congress makes the following findings:
(1) There are at least 3,600,000 veterans currently living
with service-connected disabilities.
(2) As a result of their service, many veterans are
permanently disabled throughout their lives and in many cases
must rely on the support of their families and friends when
these visible and invisible burdens become too much to bear
alone.
(3) October 5, which is the anniversary of the dedication
of the American Veterans Disabled for Life Memorial, has been
recognized as an appropriate day on which to honor American
veterans disabled for life each year.
(b) Sense of Congress.--Congress--
(1) expresses its appreciation to the men and women left
permanently wounded, ill, or injured as a result of their
service in the Armed Forces;
(2) supports the annual recognition of American veterans
disabled for life each year; and
(3) encourages the American people to honor American
veterans disabled for life each year with appropriate programs
and activities.
SEC. 18. EXTENSION OF PILOT PROGRAM ON COUNSELING IN RETREAT SETTINGS
FOR WOMEN VETERANS NEWLY SEPARATED FROM SERVICE IN THE
ARMED FORCES.
Section 203(d) of the Caregivers and Veterans Omnibus Health
Services Act of 2010 (Public Law 111-163; 38 U.S.C. 1712A note) is
amended by striking ``December 31, 2016'' and inserting ``December 31,
2021''.
Passed the House of Representatives February 9, 2016.
Attest:
KAREN L. HAAS,
Clerk.