#aacth ,,congress #ast ,session ,h4 ,r4 #bahi ,,an ,,act ,to improve the processing of disability claims by the ,department of ,veterans ,affairs1 and for other purposes4 #a4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,table of contents4 ,sec4 #b4 ,scoring of budgetary effects4 ,title ,i--,improvement of ,claims ,processing ,sec4 #aja4 ,evaluation of backlog of disability claims and appeals of claims of ,department of ,veterans ,affairs4 ,sec4 #ajb4 ,supplemental reports to the ,strategic ,plan to ,eliminate the ,compensation ,claims ,backlog4 ,sec4 #ajc4 ,expedition of transfer of certain records4 ,sec4 #ajd4 ,claims processors training4 ,sec4 #aje4 ,report by ,comptroller ,general of the ,united ,states4 ,sec4 #ajf4 ,priority for processing claims of the ,department of ,veterans ,affairs4 ,sec4 #ajg4 ,public availability of certain information about pending and completed claims for compensation under the laws administered by the ,secretary of ,veterans ,affairs4 ,sec4 #ajh4 ,annual report on processing of claims4 ,sec4 #aji4 ,department of ,veterans ,affairs notice of average times for processing claims and percentage of claims approved4 ,sec4 #aaj4 ,claim defined4 ,title ,,ii--,compensation and ,pensions ,sec4 #bja4 ,improvements to authority for performance of medical disabilities examinations by contract physicians4 ,sec4 #bjb4 ,consideration by ,secretary of ,veterans ,affairs of resources disposed of for less than fair market value by individuals applying for pension4 ,sec4 #bjc4 ,bifurcated payments of compensation benefits under laws administered by the ,secretary of ,veterans ,affairs4 ,sec4 #bjd4 ,pension for certain veterans covered by ,medicaid plans for services furnished by nursing facilities4 ,title ,,iii--,other ,matters ,sec4 #cja4 ,review of operation of certain ships during the ,vietnam ,era4 ,sec4 #cjb4 ,methods for validating certain service considered to be active service by the ,secretary of ,veterans ,affairs4 ,sec4 #cjc4 ,designation of ,american ,world ,war ,,ii ,cities4 ,sec4 #cjd4 ,observance of ,veterans ,day4 #b4 ,scoring of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,i ,improvement of ,claims ,processing #aja4 ,evaluation of backlog of disability claims and appeals of claims of ,department of ,veterans ,affairs 7a7 ,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 claims4 7b7 ,studies 7#a7 ,backlog study 7,a7 ,in general ,the ,commission or ,task ,force1 acting through the subcommittee described in subsection 7d77#b77;,a71 shall carry out a study on the backlog of claims1 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 appeals4 ,such study shall be a comprehensive evaluation and assessment of the backlog of claims1 an analysis of possible improvements to the procedures used to process such claims1 and any related issues that the ,commission or ,task ,force considers relevant4 7,b7 ,matters included ,in carrying out the study under subparagraph 7,a71 the ,commission or ,task ,force shall examine the following3 7i7 ,the backlog of claims1 including an analysis of-- 7,i7 the most effective means to quickly and accurately resolve all claims pending as of the date of the study2 and 7,,ii7 with respect to the ,department1 the annual funding1 number of full-time employees1 workload management practices1 and the progress1 as of the date of the study1 of the strategic plan4 7ii7 ,possible improvements to the claims process1 including an evaluation and recommendations with respect to whether substantive and structural changes to the overall claims process are required4 7iii7 ,in carrying out the evaluation and recommendations under subparagraph 7,b71 an examination of-- 7,i7 options that make no major substantive changes to the claims process2 7,,ii7 options that maintain the process but make minor changes2 and 7,,iii7 options that make broad changes to the process4 7#b7 ,appeals process study 7,a7 ,in general ,the ,commission or ,task ,force1 acting through the subcommittee described in subsection 7d77#b77;,b71 shall carry out a study on the anticipated increase of appeals of claims1 including the current appeals process and the laws and regulations applicable to such appeals4 ,such study shall be a comprehensive evaluation and assessment of such anticipated increase of appeals claims1 an analysis of possible improvements to the procedures used to process such appeals1 and any related issues that the ,commission or ,task ,force considers relevant4 7,b7 ,matters included ,in carrying out the study under subparagraph 7,a71 the ,commission or ,task ,force shall examine the following3 7i7 ,the anticipated surge in appeals of claims1 including an analysis of-- 7,i7 the most effective means to quickly and accurately resolve pending appeals and future appeals2 7,,ii7 with respect to both the ,board and the ,court of ,appeals for ,veterans ,claims1 the annual funding1 number of full-time employees1 workload management practices1 and the progress1 as of the date of the study1 of the strategic plan2 and 7,,iii7 the efficiency1 effectiveness1 and utility of the ,veterans ,benefits ,management ,system with respect to appeals operations1 including an identification of key changes that may need to be implemented to such system4 7ii7 ,possible improvements to the appeals process1 including an evaluation and recommendations with respect to whether substantive and structural changes to the overall appeals process are required4 7iii7 ,in carrying out the evaluation and recommendations under clause 7ii71 an examination of-- 7,i7 options that make no major substantive changes to the appeals process2 7,,ii7 options that maintain the process but make minor changes2 7,,iii7 options that make broad changes to the process2 7,,iv7 the necessity of the multi-tiered levels of appeals at the regional office level1 including filing a notice of disagreement1 receipt of a statement of the case1 supplemental statement of the case 7if applicable71 and substantive appeal 7,,va ,form #i72 7,v7 the role of the ,board and the ,appeals ,management ,center1 including-- 7aa7 the effectiveness of the workload management of the ,board and the ,center2 7bb7 whether the ,board and ,center should be regionalized or maintain the centralized structure in the ,district of ,columbia2 7cc7 whether ,board members should be required to pass the administrative law judges certification examination2 and 7dd7 whether the ,board should continue to require de novo review of appeals2 and 7,,vi7 the role of the ,court of ,appeals for ,veterans ,claims and the ,united ,states ,court of ,appeals for the ,federal ,circuit1 including-- 7aa7 the continued effectiveness and necessity of a multi-tiered structure of judicial review2 7bb7 whether the ,court of ,appeals for ,veterans ,claims should have ,article ,i or ,article ,,iii status2 7cc7 expansion of either the ,court of ,appeals for ,veterans ,claims or the ,united ,states ,court of ,appeals for the ,federal ,circuit jurisdiction1 including by allowing such courts to hear class action lawsuits with respect to claims2 and 7dd7 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 ,court4 7#c7 ,consideration ,in carrying out the studies under paragraph 7#a77;,a7 and 7#b77;,a7 and making any recommendations under this section1 the ,commission or ,task ,force shall consider the following3 7,a7 ,the interests of veterans1 including with respect to accuracy1 fairness1 and transparency in the claims process of the ,department4 7,b7 ,the values and requirements of the ,constitution1 including with respect to compliance with procedural and substantive due process4 7,c7 ,the public interest1 including with respect to the responsible use of available resources4 7,d7 ,with respect to the study conducted under paragraph 7#a77;,a71 the importance of the claimant friendly1 nonadversarial nature of the claims process4 7,e7 ,with respect to the study conducted under paragraph 7#b77;,a71 the importance of an appeals process that is efficient and easily understandable by a claimant4 7#d7 ,role of ,secretary1 ,chairman of the ,board1 and ,chief ,judge 7,a7 ,information ,in carrying out each study under paragraph 7#a77;,a7 and 7#b77;,a71 at times that the ,commission or ,task ,force determines appropriate1 the ,commission or ,task ,force shall submit to the ,secretary of ,veterans ,affairs1 the ,chairman of the ,board1 and the ,chief ,judge of the ,court of ,appeals for ,veterans ,claims1 as the case may be1 information with respect to remedies and solutions that the ,commission or ,task ,force identifies pursuant to such a study4 7,b7 ,implementation ,the ,secretary1 the ,chairman of the ,board1 and the ,chief ,judge shall each-- 7i7 fully consider the remedies and solutions submitted to the ,secretary1 the ,chairman1 or the ,chief ,judge1 as the case may be1 under subparagraph 7,a72 7ii7 implement such remedies and solutions as the ,secretary1 the ,chairman1 or the ,chief ,judge1 respectively1 determines appropriate2 and 7iii7 submit to ,congress justification for failing to implement any such remedy or solution4 7,c7 ,plan ,the ,commission or ,task ,force shall submit to the ,secretary1 the ,chairman of the ,board1 and the ,chief ,judge a feasible1 timely1 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 7#b77;,a7 and the information submitted under subparagraph 7,a74 7c7 ,comprehensive reports 7#a7 ,initial comprehensive report ,not later than #fj days after the date on which the ,commission or ,task ,force first meets1 the ,commission or ,task ,force shall submit to the ,president and ,congress an initial comprehensive report on the studies conducted under paragraphs 7#a77;,a7 and 7#b77;,a7 of subsection 7b71 including-- 7,a7 the findings of the causes of the backlog of claims2 7,b7 a proposed plan to handle the anticipated surge in appeals of claims2 and 7,c7 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 ,government4 7#b7 ,interim comprehensive reports ,not later than #ij days after the date on which the ,commission or ,task ,force first meets1 and each #cj-;day period thereafter ending on the date on which the ,commission or ,task ,force submits the final comprehensive report under paragraph 7#c71 the ,commission or ,task ,force shall submit to the ,president and ,congress a comprehensive report on-- 7,a7 the progress of the ,secretary with respect to implementing solutions to expedite the elimination of the backlog of claims pursuant to subsection 7b77#d77;,b77ii72 7,b7 the progress of the ,secretary1 the ,chairman of the ,board1 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 subsection2 and 7,c7 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 ,government4 7#c7 ,final comprehensive report ,not later than #ahj days after the date on which the ,commission or ,task ,force first meets1 the ,commission or ,task ,force shall submit to the ,president and ,congress a comprehensive report on the following3 7,a7 ,with respect to the study conducted under subsection 7b77#a77;,a7-- 7i7 ,the findings1 conclusions1 and recommendations of the ,commission or ,task ,force with respect to the matters referred to in such subsection4 7ii7 ,the recommendations of the ,commission or ,task ,force for revising and improving the backlog of claims and the procedures used to process claims4 7iii7 ,the progress of the ,secretary with respect to implementing solutions to expedite the elimination of the backlog of claims pursuant to subsection 7b77#d77;,b77ii74 7iv7 ,other information and recommendations with respect to claims as the ,commission or ,task ,force considers appropriate4 7,b7 ,with respect to the study conducted under subsection 7b77#b77;,a7-- 7i7 ,the findings1 conclusions1 and recommendations of the ,commission or ,task ,force with respect to the matters referred to in such subsection4 7ii7 ,the recommendations of the ,commission or ,task ,force for revising and improving the appeals process2 7iii7 ,the information described in subsection 7b77#d77;,a74 7iv7 ,the feasible1 timely1 and cost effective plan described in subsection 7b77#d77;,c74 7v7 ,the progress of the ,secretary1 the ,chairman of the ,board1 and the ,chief ,judge of the ,court of ,appeals for ,veterans ,claims with respect to implementing solutions to provide timely appeals of claims4 7vi7 ,other information and recommendations with respect to the appeals process as the ,commission or ,task ,force considers appropriate4 7d7 ,membership 7#a7 ,number and appointment ,the ,commission or ,task ,force shall be composed of #ae members1 appointed as follows3 7,a7 ,two members appointed by the ,speaker of the ,house of ,representatives1 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 ,appeals4 7,b7 ,two members appointed by the minority leader of the ,house of ,representatives1 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 ,appeals4 7,c7 ,two members appointed by the majority leader of the ,senate1 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 ,appeals4 7,d7 ,two members appointed by the minority leader of the ,senate1 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 ,appeals4 7,e7 ,three members appointed by the ,president1 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 ,appeals4 7,f7 ,one member appointed by the ,secretary of ,defense1 whom shall be designated to serve upon the ,subcommittee on the ,backlog of ,claims4 7,g7 ,two members appointed by the ,secretary of ,veterans ,affairs1 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 ,appeals4 7,h7 ,one member appointed by the ,chief ,judge of the ,court of ,appeals for ,veterans ,claims1 whom shall be designated to serve upon the ,subcommittee on ,appeals4 7#b7 ,subcommittees ,the ,commission or ,task ,force shall have two subcommittees as follows3 7,a7 ,a ,subcommittee on the ,backlog of ,claims consisting of the eight members designated in accordance with paragraph 7#a74 7,b7 ,a ,subcommittee on ,appeals consisting of the seven members designated in accordance with paragraph 7#a74 7#c7 ,qualifications ,each member appointed under paragraph 7#a7 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 member4 7#d7 ,advisors 7,a7 ,in general ,in addition to the #ae members appointed under paragraph 7#a71 the ,commission or ,task ,force shall-- 7i7 have five nonvoting1 nonmember advisors1 appointed by a majority of the ,commission or ,task ,force1 each from a different organization that represents the interests of veterans2 and 7ii7 seek advice from experts from nongovernmental organizations 7including veterans service organizations and military organizations71 the ,internet technology industry1 and the insurance industry4 7,b7 ,advice ,individuals described in clause 7i7 and 7ii7 of subparagraph 7,a7 shall provide advice to both subcommittees described in paragraph 7#b74 7#e7 ,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 ,force4 ,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 ,force4 7#f7 ,period of ,appointment ,members of the ,commission or ,task ,force shall be appointed for the life of the ,commission or ,task ,force4 ,a vacancy shall not affect its powers4 7#g7 ,vacancy ,a vacancy on the ,commission or ,task ,force shall be filled in the manner in which the original appointment was made4 7#h7 ,appointment deadline ,the appointment of members of the ,commission or ,task ,force established in this section shall be made not later than #ae days after the date of the enactment of this ,act4 7e7 ,meetings 7#a7 ,initial meeting ,the ,commission or ,task ,force shall hold its first meeting not later than #ae days after the date on which a majority of the members are appointed4 7#b7 ,meetings ,the ,commission or ,task ,force shall meet at the call of the chairman4 7#c7 ,quorum ,a majority of the members of the ,commission or ,task ,force shall constitute a quorum1 but a lesser number may hold hearings4 7f7 ,powers of the ,commission or ,task ,force 7#a7 ,hearings ,the ,commission or ,task ,force may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission or ,task ,force considers advisable to carry out the purposes of this section4 7#b7 ,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 section4 ,upon request of the chairman1 the head of such department or agency shall furnish such information to the ,commission or ,task ,force4 7#c7 ,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 ,government4 7#d7 ,gifts ,the ,commission or ,task ,force may accept1 use1 and dispose of gifts or donations of service or property4 7g7 ,personnel ,matters 7#a7 ,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 #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,commission or ,task ,force4 ,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 ,states4 7#b7 ,travel ,expenses ,the members of the ,commission or ,task ,force shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of service of the ,commission or ,task ,force4 7#c7 ,staff 7,a7 ,appointment ,the chairman of the ,commission or ,task ,force may1 without regard to the civil service laws and regulations1 appoint an executive director and such other personnel as may be necessary to enable the ,commission or ,task ,force to perform its duties4 ,the appointment of an executive director shall be subject to the approval of the ,commission or ,task ,force4 7,b7 ,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 #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 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 #ecaf of such title4 7#d7 ,detail of ,government ,employees ,upon request of the chairman of the ,commission or ,task ,force1 the head of any department or agency of the ,federal ,government may detail1 on a nonreimbursable basis1 any personnel of that department or agency to the ,commission or ,task ,force to assist it in carrying out its duties4 7#e7 ,procurement of ,temporary and ,intermittent ,services ,the chairman of the ,commission or ,task ,force may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 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 #ecaf of such title4 7h7 ,termination of ,commission or ,task ,force ,the ,commission or ,task ,force shall terminate #fj days after the date on which the ,commission or ,task ,force submits the final comprehensive report under subsection 7c77#c74 7i7 ,funding 7#a7 ,in general ,the ,secretary shall1 upon the request of the chairman of the ,commission or ,task ,force1 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 section4 7#b7 ,availability ,any sums made available to the ,commission or ,task ,force shall remain available1 without fiscal year limitation1 until the termination of the ,commission or ,task ,force4 7j7 ,definitions ,in this section3 7#a7 ,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 #gaje of title #ch1 ,united ,states ,code1 and ending with the review of a decision by the ,supreme ,court pursuant to section #gbib7;c7 of such title4 7#b7 ,the term ,board means the ,board of ,veterans' ,appeals4 7#c7 ,the term strategic plan means the ,strategic ,plan to ,eliminate the ,compensation ,claims ,backlog1 published by the ,secretary of ,veterans ,affairs on ,january #be1 #bjac4 #ajb4 ,supplemental reports to the ,strategic ,plan to ,eliminate the ,compensation ,claims ,backlog ,not later than #fj days after the date of the enactment of this ,act1 and every #abj days thereafter until ,memorial ,day 7,may #be71 #bjae1 the ,secretary of ,veterans ,affairs shall submit to ,congress a supplemental report on the implementation by the ,department of ,veterans ,affairs of the ,strategic ,plan to ,eliminate the ,compensation ,claims ,backlog4 ,each such report shall include-- 7#a7 verification that during the period covered by the report1 each claim was approved or denied by not later than #abe days after the date on which the claim is submitted with an accuracy rate of #ih percent1 as specified in the ,strategic ,plan2 7#b7 a description of the specific measures1 procedures1 and metrics used to assess the implementation of the ,strategic ,plan for purposes of the supplemental report2 and 7#c7 a detailed timeline for the implementation of each initiative contained in the ,strategic ,plan4 #ajc4 ,expedition of transfer of certain records 7a7 ,,ssa records ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall enter into an agreement with the ,commissioner of the ,social ,security ,administration to ensure that the ,commissioner transfers to the ,secretary disability or medical records of the ,commissioner that the ,secretary will use to evaluate a claim by not later than #cj days after the ,secretary requests such records4 7b7 ,,dod records ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall enter into an agreement with the ,secretary of ,defense to ensure that the ,secretary of ,defense transfers to the ,secretary of ,veterans ,affairs medical records of members or former members of the ,armed ,forces that the ,secretary will use to evaluate a claim by not later than #cj days after the ,secretary requests such records4 7c7 ,national ,guard records ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs and the ,secretary of ,defense shall jointly-- 7#a7 submit to ,congress a plan to reduce to #cj days the amount of time needed to provide members of the ,national ,guard and the ,secretary of ,veterans ,affairs with the medical records of such members1 including by partnering with appropriate officials of ,federal or ,state departments or agencies2 and 7#b7 implement such plan4 7d7 ,effective date ,this section shall take effect on the date that is one year after the date of the enactment of this ,act4 #ajd4 ,claims processors training 7a7 ,establishment ,the ,secretary of ,veterans ,affairs shall establish a training program to provide newly hired claims processors of the ,department of ,veterans ,affairs with training for a period of not less than two years4 ,in carrying out such program1 the ,secretary shall identify successful claims processors of the ,department who can assist in the training of newly hired claims processors4 7b7 ,ability to process claims ,the ,secretary shall carry out the training program established under subsection 7a7 without increasing the amount of time in which claims are processed by the ,department4 7c7 ,effective date ,this section shall take effect on the date that is one year after the date of the enactment of this ,act4 #aje4 ,report by ,comptroller ,general of the ,united ,states ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the progress of the ,secretary of ,veterans ,affairs in improving the timeliness of claims processing and eliminating the backlog of claims4 ,the report shall include any recommendations of the ,comptroller ,general with respect to improving the ability of the ,secretary to make such progress4 #ajf4 ,priority for processing claims of the ,department of ,veterans ,affairs 7a7 ,in general ,subchapter ,i of chapter #ea of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #eaji;,c4 ,priority for processing claims 7a7 ,priority ,in processing claims for compensation under this chapter1 the ,secretary shall provide the following claimants with priority over other claimants3 7#a7 ,veterans who have attained the age of #gj4 7#b7 ,veterans who are terminally ill4 7#c7 ,veterans with life-threatening illnesses4 7#d7 ,homeless veterans 7as defined in section #bjjb of this title74 7#e7 ,veterans who were awarded the ,medal of ,honor4 7#f7 ,veterans who are former prisoners of war4 7#g7 ,veterans whose claims are being reviewed again in relation to a previously denied claim relating to military sexual trauma4 7#h7 ,veterans whom the ,secretary determines1 on a case-by-case basis1 are seriously or very seriously injured4 7#i7 ,veterans whom the ,secretary determines1 on a case-by-case basis1 should be given priority under this section based on an application for good cause established by the ,secretary4 7b7 ,regulations ,the ,secretary shall prescribe regulations to carry out subsection 7a74 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #eaji;,b the following new item3 #eaji;,c4 ,priority for processing claims4 4 #ajg4 ,public availability of certain information about pending and completed claims for compensation under the laws administered by the ,secretary of ,veterans ,affairs 7a7 ,in general ,subchapter ,i of chapter #ea of title #ch1 ,united ,states ,code1 is amended by adding after section #eaji;,c1 as added by section #ajf1 the following new section3 #eaji;,d4 ,information about pending and completed claims 7a7 ,availability of information ,the ,secretary shall maintain on the ,internet website of the ,department publicly accessible information about pending and completed claims for compensation under chapter #aa of this title4 ,such information shall include each of the following3 7#a7 ,for each regional office and for the ,department as a whole-- 7,a7 the average number of days between the date of the submittal of a claim and the date of the decision with respect to the claim for each of the preceding three-month and one-year period2 7,b7 the average number of days such a claim is pending during the preceding three-month and one-year periods2 7,c7 the quality and accuracy rating of the claims adjudication process during the preceding three-month and one-year periods2 7,d7 the number of claims pending2 7,e7 the number of pending claims that have been pending for more than #abe days2 and 7,f7 the number of claims completed during-- 7i7 the current month1 to date2 7ii7 the month preceding the current month2 7iii7 the current calendar year1 to date2 and 7iv7 the calendar year preceding the current calendar year4 7#b7 ,for each medical condition for which a claim for compensation is submitted1 for each regional office and for the ,department as a whole-- 7,a7 the average number of days between the date of the submittal of a claim relating to such medical condition and the date of the decision with respect to the claim for each of the preceding three-month and one-year period2 7,b7 the average number of days such a claim is pending during the preceding three-month and one-year periods2 7,c7 the quality and accuracy rating of the claims adjudication process as applied to claims relating to such medical condition during the preceding three-month and one-year periods2 7,d7 the number of pending claims relating to such condition2 7,e7 the number of such pending claims that have been pending for more than #abe days2 and 7,f7 the number of claims relating to such medical condition completed during-- 7i7 the current month1 to date2 7ii7 the month preceding current month2 7iii7 the current calendar year1 to date2 and 7iv7 the calendar year preceding the current calendar year4 7b7 ,updates ,the ,secretary shall update the information on the website under subsection 7a7 not less frequently than once every seven days4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by adding after the item relating to section #eaji;,c1 as added by section #ajf1 the following new item3 #eaji;,d4 ,information about pending and completed claims4 4 #ajh4 ,annual report on processing of claims 7a7 ,in general ,subchapter ,i of chapter #ea of title #ch1 ,united ,states ,code1 is amended by adding after section #eaji;,d1 as added by section #ajg1 the following new section3 #eaji;,e4 ,annual report on processing of claims 7a7 ,annual report ,the ,secretary shall include in the annual report to ,congress required under section #ebi of this title information on the following3 7#a7 ,the automatic processing of claims for compensation4 7#b7 ,the performance of any regional office that fails to meet the administrative goals of the regional office with respect to timeliness and accuracy in processing claims for compensation4 7#c7 ,the timeliness of receiving information pursuant to a request by the ,secretary to the head of another department or agency of the ,united ,states for information required by the ,secretary in adjudicating a claim for compensation under chapter #aa of this title4 7b7 ,matters included ,in carrying out subsection 7a7 to include information in the report required under section #ebi of this title1 the ,secretary shall include the following3 7#a7 ,with respect to the information required by subsection 7a77#a7-- 7,a7 each medical condition for which claims relating to such condition were processed in an electronic automated fashion during the fiscal year covered by the report2 7,b7 the feasibility of processing any additional medical conditions in an electronic automated fashion and any barriers to such processing1 including any such barriers relating to the schedule for rating disabilities under section #aaee of this title2 7,c7 the number of claims for compensation relating to each medical condition submitted during such fiscal year2 and 7,d7 for each medical condition1 the percentage of claims denied and the percentage of claims approved during such fiscal year4 7#b7 ,with respect to the information required by subsection 7a77#b71 in the case of any regional office that1 for the fiscal year covered by the report1 did not meet the administrative goal of having no claim pending for more than #abe days and achieving an accuracy rating of #ih percent-- 7,a7 a signed statement prepared by the individual serving as director of the regional office as of the date of the submittal of the report containing-- 7i7 an explanation for why the regional office did not meet the goal2 7ii7 a description of the additional resources needed to enable the regional office to reach the goal2 and 7iii7 a description of any additional actions planned for the subsequent fiscal year that are proposed to enable the regional office to meet the goal2 and 7,b7 a statement prepared by the ,under ,secretary for ,benefits explaining how the failure of the regional office to meet the goal affected the performance evaluation of the director of the regional office4 7#c7 ,with respect to the information required by subsection 7a77#c7-- 7,a7 the number of requests described in such paragraph made during the fiscal year covered by the report2 and 7,b7 the average response time for such requests made during each month of such fiscal year1 as determined based on the period beginning on the date on which the ,secretary made the request and ending on the date on which the ,secretary determines that the request is completed4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by adding after the item relating to section #eaji;,d1 as added by section #ajg1 the following new item3 #eaji;,e4 ,annual report on processing of claims4 4 7c7 ,effective date ,section #eaji;,e of title #ch1 ,united ,states ,code1 as added by subsection 7a7 shall take effect on the date that is one year after the date of the enactment of this ,act4 #aji4 ,department of ,veterans ,affairs notice of average times for processing claims and percentage of claims approved 7a7 ,public notice ,the ,secretary of ,veterans ,affairs shall post the information described in subsection 7c7-- 7#a7 in a conspicuous place in each regional office and claims intake facilities of the ,department of ,veterans ,affairs2 and 7#b7 on the ,internet website of the ,department4 7b7 ,notice to applicants 7#a7 ,in general ,the ,secretary shall provide to each person who submits a claim for benefits under the laws administered by the ,secretary before the person submits such claim-- 7,a7 notice of the information described in subsection 7c72 and 7,b7 notice that1 during the period ending on ,august #f1 #bjae1 the person is eligible to receive up to an extra year of benefits payments if the person files an original claim that is fully developed4 7#b7 ,acknowledgment of receipt of notice ,each person who submits a claim for benefits under the laws administered by the ,secretary shall include in such application a signed form acknowledging that the person received the information described in subsection 7c74 7c7 ,information described 7#a7 ,in general ,the information described in this subsection is the following3 7,a7 ,the average processing time of the claims described in paragraph 7#b7 and the percentage of such submitted claims for which benefits are awarded4 7,b7 ,the percentage of each of the following types of submitted claims for benefits under the laws administered by the ,secretary of ,veterans ,affairs for which benefits are awarded3 7i7 ,claims filed by veterans who authorized a veterans service organization to act on the veterans' behalf under a durable power of attorney4 7ii7 ,claims filed by veterans who authorized a person other than a veterans service organization to act on the veterans' behalf under a durable power of attorney4 7iii7 ,claims filed by veterans who did not authorize a person to act on the veterans' behalf under a durable power of attorney4 7#b7 ,claims described ,the claims described in this paragraph are each of the following types of claims for benefits under the laws administered by the ,secretary of ,veterans ,affairs3 7,a7 ,a fully developed claim that is submitted in standard electronic form4 7,b7 ,a fully developed claim that is submitted in standard paper form4 7,c7 ,a claim that is not fully developed that is submitted in standard electronic form4 7,d7 ,a claim that is not fully developed that is submitted in standard paper form4 7,e7 ,a claim that is not fully developed that is submitted in nonstandard paper form4 7#c7 ,update of information ,the information described in this subsection shall be updated not less frequently than once each fiscal quarter4 7d7 ,effective date ,this section shall take effect on the date that is one year after the date of the enactment of this ,act4 #aaj4 ,claim defined ,except as otherwise provided1 in this title1 the term claim means a claim for disability compensation under the laws administered by the ,secretary of ,veterans ,affairs4 ,,ii ,compensation and ,pensions #bja4 ,improvements to authority for performance of medical disabilities examinations by contract physicians 7a7 ,extension of temporary authority ,subsection 7c7 of section #gjd of the ,veterans ,benefits ,act of #bjjc 7#ch ,u4,s4,c4 #eaja note7 is amended by striking ,december #ca1 #bjac and inserting ,december #ca1 #bjaf4 7b7 ,licensure of contract physicians 7#a7 ,temporary authority ,such section #gjd is further amended-- 7,a7 by redesignating subsection 7d7 as subsection 7e72 and 7,b7 by inserting after subsection 7c7 the following new subsection 7d73 7d7 ,licensure of contract physicians 7#a7 ,in general ,notwithstanding any law regarding the licensure of physicians1 a physician described in paragraph 7#b7 may conduct an examination pursuant to a contract entered into under subsection 7b7 at any location in any ,state1 the ,district of ,columbia1 or a ,commonwealth1 territory1 or possession of the ,united ,states1 so long as the examination is within the scope of the authorized duties under such contract4 7#b7 ,physician described ,a physician described in this paragraph is a physician who-- 7,a7 has a current license to practice the health care profession of the physician2 and 7,b7 is performing authorized duties for the ,department of ,veterans ,affairs pursuant to a contract entered into under subsection 7b74 4 7#b7 ,pilot program ,section #ejd of the ,veterans' ,benefits ,improvement ,act of #aiif 7#ch ,u4,s4,c4 #eaja note7 is amended-- 7,a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7,b7 by inserting after subsection 7b7 the following new subsection 7c73 7c7 ,licensure of contract physicians 7#a7 ,in general ,notwithstanding any law regarding the licensure of physicians1 a physician described in paragraph 7#b7 may conduct an examination pursuant to a contract entered into under subsection 7a7 at any location in any ,state1 the ,district of ,columbia1 or a ,commonwealth1 territory1 or possession of the ,united ,states1 so long as the examination is within the scope of the authorized duties under such contract4 7#b7 ,physician described ,a physician described in this paragraph is a physician who-- 7,a7 has a current license to practice the health care profession of the physician2 and 7,b7 is performing authorized duties for the ,department of ,veterans ,affairs pursuant to a contract entered into under subsection 7a74 4 7c7 ,expansion of pilot program ,subsection 7b7 of such section #ejd is amended to read as follows3 7b7 ,locations 7#a7 ,number ,the ,secretary may carry out the pilot program under this section through not more than #ae regional offices of the ,department of ,veterans ,affairs4 7#b7 ,selection ,the ,secretary shall select the regional offices under paragraph 7#a7 by analyzing appropriate data to determine the regional offices that require support4 ,such appropriate data shall include-- 7,a7 the number of backlogged claims2 7,b7 the total pending case workload2 7,c7 the length of time cases have been pending2 7,d7 the accuracy of completed cases2 7,e7 the overall timeliness of completed cases2 7,f7 the availability and workload of the examination units and physicians of the medical centers in the regional office2 and 7,g7 any other data the ,secretary determines appropriate4 7#c7 ,annual analysis ,the ,secretary shall carry out the data analysis of the regional offices under paragraph 7#b7 during each year in which the program under this section is carried out to determine the regional offices selected under paragraph 7#a7 for such year4 4 7d7 ,effective date ,this section and the amendment made by this section shall take effect on the date that is one year after the date of the enactment of this ,act4 #bjb4 ,consideration by ,secretary of ,veterans ,affairs of resources disposed of for less than fair market value by individuals applying for pension 7a7 ,veterans ,section #aebb of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting 7#a7 before ,the ,secretary2 and 7,b7 by adding at the end the following new paragraph3 7#b7 7,a7 ,if a veteran otherwise eligible for payment of pension under section #aeac or #aeba of this title or the spouse of such veteran disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph 7,c77i71 the ,secretary shall deny or discontinue the payment of pension to such veteran under section #aeac or #aeba of this title1 as the case may be1 for months during the period beginning on the date described in subparagraph 7,d7 and equal to the number of months calculated as provided in subparagraph 7,e74 7,b7 7i7 ,for purposes of this paragraph1 a covered resource is any resource that was a part of the corpus of the estate of the veteran or1 if the veteran has a spouse1 the corpus of the estates of the veteran and of the veteran's spouse1 that the ,secretary considers that under all the circumstances1 if the veteran or spouse had not disposed of such resource1 it would be reasonable that the resource 7or some portion of the resource7 be consumed for the veteran's maintenance4 7ii7 ,for purposes of this paragraph1 the ,secretary may consider1 in accordance with regulations the ,secretary shall prescribe1 a transfer of an asset 7including a transfer of an asset to an annuity1 trust1 or other financial instrument or investment7 a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the veteran or1 if the veteran has a spouse1 the corpus of the estates of the veteran and of the veteran's spouse1 that the ,secretary considers1 under all the circumstances1 would be reasonable to be consumed for the veteran's maintenance4 7,c7 7i7 ,the look-back date described in this clause is a date that is #cf months before the date described in clause 7ii74 7ii7 ,the date described in this clause is the date on which the veteran applies for pension under section #aeac or #aeba of this title or1 if later1 the date on which the veteran 7or the spouse of the veteran7 disposes of covered resources for less than fair market value4 7,d7 ,the date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph4 7,e7 ,the number of months calculated under this subparagraph shall be equal to-- 7i7 the total1 cumulative uncompensated value of the portion of covered resources so disposed of by the veteran 7or the spouse of the veteran7 on or after the look-back date described in subparagraph 7,c77i7 that the ,secretary determines would reasonably have been consumed for the veteran's maintenance2 divided by 7ii7 the maximum amount of monthly pension that is payable to a veteran under section #aeac or #aeba of this title1 including the maximum amount of increased pension payable under such sections on account of family members1 but not including any amount of pension payable under such sections because a veteran is in need of regular aid and attendance or is permanently housebound1 rounded1 in the case of any fraction1 to the nearest whole number1 but shall not in any case exceed #cf months4 2 7#b7 in subsection 7b7-- 7,a7 by inserting 7#a7 before ,the ,secretary2 and 7,b7 by adding at the end the following new paragraph3 7#b7 7,a7 ,if a veteran otherwise eligible for payment of increased pension under subsection 7c71 7d71 7e71 or 7f7 of section #aeba of this title on account of a child1 the spouse of the veteran1 or the child disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph 7,c77i71 the ,secretary shall deny or discontinue payment of such increased pension for months during the period beginning on the date described in subparagraph 7,d7 and equal to the number of months calculated as provided in subparagraph 7,e74 7,b7 7i7 ,for purposes of this paragraph1 a covered resource is any resource that was a part of the corpus of the estate of the child that the ,secretary considers that under all the circumstances1 if the veteran1 the spouse of the veteran1 or the child had not disposed of such resource1 it would be reasonable that the resource 7or some portion of the resource7 be consumed for the child's maintenance4 7ii7 ,for purposes of this paragraph1 the ,secretary may consider1 in accordance with regulations the ,secretary shall prescribe1 a transfer of an asset 7including a transfer of an asset to an annuity1 trust1 or other financial instrument or investment7 a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the ,secretary considers1 under all the circumstances1 would be reasonable to be consumed for the child's maintenance4 7,c7 7i7 ,the look-back date described in this clause is a date that is #cf months before the date described in clause 7ii74 7ii7 ,the date described in this clause is the date on which the veteran applies for payment of increased pension under subsection 7c71 7d71 7e71 or 7f7 of section #aeba of this title on account of a child or1 if later1 the date on which the veteran1 the spouse of the veteran1 or the child disposes of covered resources for less than fair market value4 7,d7 ,the date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph4 7,e7 ,the number of months calculated under this subparagraph shall be equal to-- 7i7 the total1 cumulative uncompensated value of the portion of covered resources so disposed of by the veteran1 the spouse of the veteran1 or the child on or after the look-back date described in subparagraph 7,c77i7 that the ,secretary determines would reasonably have been consumed for the child's maintenance2 divided by 7ii7 the maximum amount of increased monthly pension that is payable to a veteran under subsection 7c71 7d71 7e71 or 7f7 of section #aeba of this title on account of a child1 rounded1 in the case of any fraction1 to the nearest whole number1 but shall not in any case exceed #cf months4 2 and 7#c7 by adding at the end the following new subsections3 7c7 7#a7 ,the ,secretary shall not deny or discontinue payment of pension under section #aeac or #aeba of this title or payment of increased pension under subsection 7c71 7d71 7e71 or 7f7 of section #aeba of this title on account of a child by reason of the application of subsection 7a77#b7 or 7b77#b7 of this section to the disposal of resources by an individual to the extent that-- 7,a7 a satisfactory showing is made to the ,secretary 7in accordance with regulations promulgated by the ,secretary7 that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources2 or 7,b7 the ,secretary determines1 under procedures established by the ,secretary1 that the denial or discontinuance of payment would work an undue hardship as determined on the basis of criteria established by the ,secretary4 7#b7 ,at the time a veteran applies for pension under section #aeac or #aeba of this title or increased pension under subsection 7c71 7d71 7e71 or 7f7 of section #aeba of this title on account of a child1 and at such other times as the ,secretary considers appropriate1 the ,secretary shall-- 7,a7 inform such veteran of the provisions of subsections 7a77#b7 and 7b77#b7 providing for a period of ineligibility for payment of pension under such sections for individuals who make certain dispositions of resources for less than fair market value2 and 7,b7 obtain from such veteran information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections4 7d7 ,subsections 7a77#b7 and 7b77#b7 shall not apply with respect to the disposal of resources or the transfer of an asset if such disposal or transfer is to a trust described in section #aiag7;d77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifp7d77#d77 that is established for the benefit of a child of the veteran4 4 7b7 ,surviving spouses and children ,section #aedc of such title is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,b7 by inserting after paragraph 7#a7 the following new paragraph 7#b73 7#b7 7,a7 ,if a surviving spouse otherwise eligible for payment of pension under section #aeda of this title disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph 7,c77i71 the ,secretary shall deny or discontinue the payment of pension to such surviving spouse under section #aeda of this title for months during the period beginning on the date described in subparagraph 7,d7 and equal to the number of months calculated as provided in subparagraph 7,e74 7,b7 7i7 ,for purposes of this paragraph1 a covered resource is any resource that was a part of the corpus of the estate of the surviving spouse that the ,secretary considers that under all the circumstances1 if the surviving spouse had not disposed of such resource1 it would be reasonable that the resource 7or some portion of the resource7 be consumed for the surviving spouse's maintenance4 7ii7 ,for purposes of this paragraph1 the ,secretary may consider1 in accordance with regulations the ,secretary shall prescribe1 a transfer of an asset 7including a transfer of an asset to an annuity1 trust1 or other financial instrument or investment7 a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the surviving spouse that the ,secretary considers1 under all the circumstances1 would be reasonable to be consumed for the surviving spouse's maintenance4 7,c7 7i7 ,the look-back date described in this clause is a date that is #cf months before the date described in clause 7ii74 7ii7 ,the date described in this clause is the date on which the surviving spouse applies for pension under section #aeda of this title or1 if later1 the date on which the surviving spouse disposes of covered resources for less than fair market value4 7,d7 ,the date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph4 7,e7 ,the number of months calculated under this subparagraph shall be equal to-- 7i7 the total1 cumulative uncompensated value of the portion of covered resources so disposed of by the surviving spouse on or after the look-back date described in subparagraph 7,c77i7 that the ,secretary determines would reasonably have been consumed for the surviving spouse's maintenance2 divided by 7ii7 the maximum amount of monthly pension that is payable to a surviving spouse under section #aeda of this title1 including the maximum amount of increased pension payable under such section on account of a child1 but not including any amount of pension payable under such section because a surviving spouse is in need of regular aid and attendance or is permanently housebound1 rounded1 in the case of any fraction1 to the nearest whole number1 but shall not in any case exceed #cf months4 7,f7 ,in the case of a transfer by the surviving spouse during the veteran's lifetime that resulted in a period of ineligibility for the veteran under section #aebb of this title1 the ,secretary shall apply to the surviving spouse any remaining ineligibility for that period4 2 and 7,c7 by adding at the end the following new paragraph3 7#d7 7,a7 ,if a surviving spouse otherwise eligible for payment of increased pension under subsection 7c71 7d71 or 7e7 of section #aeda of this title on account of a child or the child disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph 7,c77i71 the ,secretary shall deny or discontinue payment of such increased pension for months during the period beginning on the date described in subparagraph 7,d7 and equal to the number of months calculated as provided in subparagraph 7,e74 7,b7 7i7 ,for purposes of this paragraph1 a covered resource is any resource that was a part of the corpus of the estate of the child that the ,secretary considers that under all the circumstances1 if the surviving spouse or the child had not disposed of such resource1 it would be reasonable that the resource 7or some portion of the resource7 be consumed for the child's maintenance4 7ii7 ,for purposes of this paragraph1 the ,secretary may consider1 in accordance with regulations the ,secretary shall prescribe1 a transfer of an asset 7including a transfer of an asset to an annuity1 trust1 or other financial instrument or investment7 a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the ,secretary considers1 under all the circumstances1 would be reasonable to be consumed for the child's maintenance4 7,c7 7i7 ,the look-back date described in this clause is a date that is #cf months before the date described in clause 7ii74 7ii7 ,the date described in this clause is the date on which the surviving spouse applies for payment of increased pension under subsection 7c71 7d71 or 7e7 of section #aeda of this title on account of a child or1 if later1 the date on which the surviving spouse 7or the child7 disposes of covered resources for less than fair market value4 7,d7 ,the date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph4 7,e7 ,the number of months calculated under this clause shall be equal to-- 7i7 the total1 cumulative uncompensated value of the portion of covered resources so disposed of by surviving spouse 7or the child7 on or after the look-back date described in subparagraph 7,c77i7 that the ,secretary determines would reasonably have been consumed for the child's maintenance2 divided by 7ii7 the maximum amount of increased monthly pension that is payable to a surviving spouse under subsection 7c71 7d71 or 7e7 of section #aeda of this title on account of a child1 rounded1 in the case of any fraction1 to the nearest whole number1 but shall not in any case exceed #cf months4 2 7#b7 in subsection 7b7-- 7,a7 by inserting 7#a7 before ,the ,secretary2 and 7,b7 by adding at the end the following new paragraph3 7#b7 7,a7 ,if a child otherwise eligible for payment of pension under section #aedb of this title or any person with whom such child is residing who is legally responsible for such child's support disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph 7,c77i71 the ,secretary shall deny or discontinue the payment of pension to such child under section #aedb of this title for months during the period beginning on the date described in subparagraph 7,d7 and equal to the number of months calculated as provided in subparagraph 7,e74 7,b7 7i7 ,for purposes of this paragraph1 a covered resource is any resource that was a part of the corpus of the estate of the child or the corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support that the ,secretary considers that under all the circumstances1 if the child or person had not disposed of such resource1 it would be reasonable that the resource 7or some portion of the resource7 be consumed for the child's maintenance4 7ii7 ,for purposes of this paragraph1 the ,secretary may consider1 in accordance with regulations the ,secretary shall prescribe1 a transfer of an asset 7including a transfer of an asset to an annuity1 trust1 or other financial instrument or investment7 a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate described in clause 7i7 that the ,secretary considers1 under all the circumstances1 would be reasonable to be consumed for the child's maintenance4 7,c7 7i7 ,the look-back date described in this clause is a date that is #cf months before the date described in clause 7ii74 7ii7 ,the date described in this clause is the date on which the child applies for pension under section #aedb of this title or1 if later1 the date on which the child 7or person described in subparagraph 7,b77 disposes of covered resources for less than fair market value4 7,d7 ,the date described in this clause is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph4 7,e7 ,the number of months calculated under this clause shall be equal to-- 7i7 the total1 cumulative uncompensated value of the portion of covered resources so disposed of by the child 7or person described in subparagraph 7,b77 on or after the look-back date described in subparagraph 7,c77i7 that the ,secretary determines would reasonably have been consumed for the child's maintenance2 divided by 7ii7 the maximum amount of monthly pension that is payable to a child under section #aedb of this title1 rounded1 in the case of any fraction1 to the nearest whole number1 but shall not in any case exceed #cf months4 2 and 7#c7 by adding at the end the following new subsections3 7c7 7#a7 ,the ,secretary shall not deny or discontinue payment of pension under section #aeda or #aedb of this title or payment of increased pension under subsection 7c71 7d71 or 7e7 of section #aeda of this title on account of a child by reason of the application of subsection 7a77#b71 7a77#d71 or 7b77#b7 of this section to the disposal of resources by an individual to the extent that-- 7,a7 a satisfactory showing is made to the ,secretary 7in accordance with regulations promulgated by the ,secretary7 that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources2 or 7,b7 the ,secretary determines1 under procedures established by the ,secretary1 that the denial or discontinuance of payment would work an undue hardship as determined on the basis of criteria established by the ,secretary4 7#b7 ,at the time a surviving spouse or child applies for pension under section #aeda or #aedb of this title or increased pension under subsection 7c71 7d71 or 7e7 of section #aeda of this title on account of a child1 and at such other times as the ,secretary considers appropriate1 the ,secretary shall-- 7,a7 inform such surviving spouse or child of the provisions of subsections 7a77#b71 7a77#d71 and 7b77#b71 as applicable1 providing for a period of ineligibility for payment of pension or increased pension under such sections for individuals who make certain dispositions of resources for less than fair market value2 and 7,b7 obtain from such surviving spouse or child information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections4 7d7 ,paragraphs 7#b7 and 7#d7 of subsection 7a7 and subsection 7b77#b7 shall not apply with respect to the disposal of resources or the transfer of an asset if such disposal or transfer is to a trust described in section #aiag7;d77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifp7d77#d77 that is established for the benefit of a child of the veteran or surviving spouse4 4 7c7 ,effective date ,subsections 7a77#b71 7b77#b71 and 7c7 of section #aebb of title #ch1 ,united ,states ,code1 as added by subsection 7a71 and subsections 7a77#b71 7a77#d71 7b77#b71 and 7c7 of section #aedc of such title1 as added by subsection 7b71 shall take effect on the date that is one year after the date of the enactment of this ,act and shall apply with respect to payments of pension and increased pension applied for after such date and to payments of pension and increased pension for which eligibility is redetermined after such date1 except that no reduction in pension shall be made under such subsections because of any disposal of covered resources made before such date4 7d7 ,annual reports 7#a7 ,in general ,not later than two years after the date of the enactment of this ,act and not less frequently than once each year thereafter through #bjah1 the ,secretary of ,veterans ,affairs shall submit to the appropriate committees of ,congress a report on the administration of subsections 7a77#b71 7b77#b71 and 7c7 of section #aebb of title #ch1 ,united ,states ,code1 as added by subsection 7a71 and subsections 7a77#b71 7a77#d71 7b77#b71 and 7c7 of section #aedc of such title1 as added by subsection 7b71 during the most recent #ab-month period4 7#b7 ,elements ,each report submitted under paragraph 7#a7 shall include the following1 for the period covered by the report3 7,a7 ,the number of individuals who applied for pension under chapter #ae of such title4 7,b7 ,the number of individuals who received pension under such chapter4 7,c7 ,the number of individuals with respect to whom the ,secretary denied or discontinued payment of pension under the subsections referred to in paragraph 7#a74 7,d7 ,a description of any trends identified by the ,secretary regarding pension payments that have occurred as a result of the amendments made by this section4 7,e7 ,such other information as the ,secretary considers appropriate4 7#c7 ,appropriate committees of ,congress defined ,in this subsection1 the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,veterans' ,affairs and the ,select ,committee on ,aging of the ,senate2 and 7,b7 the ,committee on ,veterans' ,affairs of the ,house of ,representatives4 #bjc4 ,bifurcated payments of compensation benefits under laws administered by the ,secretary of ,veterans ,affairs 7a7 ,in general ,subchapter ,,iii of chapter #ea of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #eabg4 ,bifurcated payments of compensation benefits 7a7 ,in general ,during the eight-year period beginning on the date of the enactment of this section1 in the case of a claim described in subsection 7b71 prior to adjudicating the claim1 the ,secretary shall make payments of monetary benefits to the claimant based on any disability for which the ,secretary has made a decision4 ,upon the adjudication of the claim1 the ,secretary shall pay to the claimant any monetary benefits awarded to the claimant for the period of payment under section #eaaa of this title less the amount of such benefits paid to the claimant under this section4 7b7 ,claim described ,a claim described in this subsection is a claim for disability compensation under chapter #aa of this title-- 7#a7 the adjudication of which requires the ,secretary to make decisions with respect to two or more disabilities2 and 7#b7 for which1 before completing the adjudication of the claim1 the ,secretary makes a decision with respect to a disability that would result in the payment of monetary benefits to the claimant upon the adjudication of the claim4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item3 #eabg4 ,bifurcated payments of compensation benefits4 4 7c7 ,effective date ,section #eabg of title #ch1 ,united ,state ,code1 as added by subsection 7a7 shall take effect on the date that is one year after the date of the enactment of this ,act4 #bjd4 ,pension for certain veterans covered by ,medicaid plans for services furnished by nursing facilities ,section #eejc7;d77#g7 of title #ch1 ,united ,states ,code1 is amended by striking ,november #cj1 #bjaf and inserting ,september #cj1 #bjah4 ,,iii ,other ,matters #cja4 ,review of operation of certain ships during the ,vietnam ,era 7a7 ,review required ,by not later than one year after the date of the enactment of this ,act1 the ,secretary of ,defense shall review the logs of each ship under the authority of the ,secretary of the ,navy that is known to have operated in the waters near ,vietnam during the period beginning on ,january #i1 #aifb1 and ending on ,may #g1 #aige1 to determine-- 7#a7 whether each such ship operated in the territorial waters of the ,republic of ,vietnam during such period2 and 7#b7 for each such ship that so operated-- 7,a7 the date or dates when the ship so operated2 and 7,b7 the distance from the shore of the location where the ship operated that was the closest proximity to shore4 7b7 ,provision of information to the ,secretary of ,veterans ,affairs ,upon a determination that any such ship so operated1 the ,secretary of ,defense shall provide such determination1 together with the information described in subsection 7a77#b7 about the ship1 to the ,secretary of ,veterans ,affairs4 7c7 ,public availability of information ,the ,secretary of ,veterans ,affairs shall make publicly available all unclassified information provided to the ,secretary under subsection 7b74 #cjb4 ,methods for validating certain service considered to be active service by the ,secretary of ,veterans ,affairs 7a7 ,findings ,congress makes the following findings3 7#a7 ,the ,merchant ,marine ,act1 #aicf established the ,united ,states ,maritime ,commission1 and stated as a matter of policy that the ,united ,states should have a merchant marine that is capable of serving as a naval and military auxiliary in time of war or national emergency4 7#b7 ,the ,social ,security ,act ,amendments of #aici 7,public ,law #gf-cgi7 expanded the definition of employment to include service on or in connection with an ,american vessel under contract of service which is entered into within the ,united ,states or during the performance of which the vessel touches at a port in the ,united ,states1 if the employee is employed on and in connection with such vessel4 7#c7 ,the ,joint ,resolution to repeal sections #b1 #c1 and #f of the ,neutrality ,act of #aici1 and for other purposes 7,public ,law #gg-bid2 #ee ,stat4 #gfd7 repealed section #f of the ,neutrality ,act of #aici 7related to the arming of ,united ,states vessels7 and authorized the ,president during the national emergency to arm or permit to arm any ,united ,states vessel4 7#d7 ,on ,february #g1 #aidb1 ,president ,franklin ,d4 ,roosevelt1 through ,executive ,order ,number #ijed1 established the ,war ,shipping ,administration that was charged with building or purchasing1 and operating the civilian shipping vessels needed for the war effort4 7#e7 ,during ,world ,war ,,ii1 ,united ,states merchant mariners transported goods and materials through contested waters to the various combat theaters4 7#f7 ,at the conclusion of ,world ,war ,,ii1 ,united ,states merchant mariners were responsible for transporting several million members of the ,united ,states ,armed ,forces back to the ,united ,states4 7#g7 ,the ,,gi ,bill ,improvement ,act of #aigg 7,public ,law #ie-bjb7 provided that the ,secretary of ,defense could determine that service for the ,armed ,forces by organized groups of civilians1 or contractors1 be considered 8active service0 for benefits administered by the ,veterans ,administration4 7#h7 ,department of ,defense ,directive #ajjj4bj directed that the determination be made by the ,secretary of the ,air ,force1 and established the ,civilian_/,military ,service ,review ,board and ,advisory ,panel4 7#i7 ,in #aihg1 three merchant mariners along with the ,,afl-,,cio sued ,edward ,c4 ,aldridge1 ,secretary of the ,air ,force1 challenging the denial of their application for veterans status4 ,in ,schumacher v4 ,aldridge 7#ffe ,f4 ,supp4 #da 7,d4,d4,c4 #aihg771 the ,court determined that ,secretary ,aldridge had failed to articulate clear and intelligible criteria for the administration of the application approval process4 7#aj7 ,during ,world ,war ,,ii1 women were repeatedly denied issuance of official documentation affirming their merchant marine seaman status by the ,war ,shipping ,administration4 7#aa7 ,coast ,guard ,information ,sheet #gg 7,april #aiib7 identifies the following acceptable forms of documentation for eligibility meeting the requirements set forth in the ,,gi ,bill ,improvement ,act of #aigg 7,public ,law #ie-bjb7 and ,veterans ,programs ,enhancement ,act of #aiih 7,public ,law #aje-cfh73 7,a7 ,certificate of shipping and discharge forms4 7,b7 ,continuous discharge books 7ship's deck or engine logbooks74 7,c7 ,company letters showing vessel names and dates of voyages4 7#ab7 ,coast ,guard ,commandant ,order of ,march #bj1 #aidd1 relieved masters of tugs1 towboats1 and seagoing barges of the responsibility of submitting reports of seamen shipped or discharged on forms1 meaning certificates of shipping and discharge forms are not available to all eligible individuals seeking to document their eligibility4 7#ac7 ,coast ,guard ,information ,sheet #gg 7,april #aiib7 states that deck logs were traditionally considered to be the property of the owners of the ships4 ,after ,world ,war ,,ii1 however1 the deck and engine logbooks of vessels operated by the ,war ,shipping ,administration were turned over to that agency by the ship owners1 and were destroyed during the #aigjs1 meaning that continuous discharge books are not available to all eligible individuals seeking to document their eligibility4 7#ad7 ,coast ,guard ,information ,sheet #gg 7,april1 #aiib7 states some ,world ,war ,,ii period log books do not name ports visited during the voyage due to wartime security restrictions1 meaning that company letters showing vessel names and dates of voyages are not available to all eligible individuals seeking to document their eligibility4 7b7 ,methods for validating certain service considered to be active service by the ,secretary of ,veterans ,affairs 7#a7 ,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 #dja of the ,,gi ,bill ,improvement ,act of #aigg 7,public ,law #ie-bjb2 #ch ,u4,s4,c4 #ajf note7 as having performed active duty service for the purposes described in paragraph 7#c77;,a71 the ,secretary of ,homeland ,security shall accept the following3 7,a7 ,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 form1 ship logbook1 merchant mariner's document or ,z-card1 or other official employment record is available1 the ,secretary shall provide such recognition on the basis of applicable ,social ,security ,administration records submitted for or by the individual1 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 #g1 #aida1 and ending on ,december #ca1 #aidf4 7,b7 ,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 form1 ship logbook1 merchant mariner's document or ,z-card1 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 form1 logbook1 or record1 the ,secretary shall accept other official documentation demonstrating that the individual performed such service during period beginning on ,december #g1 #aida1 and ending on ,december #ca1 #aidf4 7,c7 ,for the purpose of determining whether to recognize service allegedly performed during the period beginning on ,december #g1 #aida1 and ending on ,december #ca1 #aidf1 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 service4 7#b7 ,treatment of other documentation ,other documentation accepted by the ,secretary of ,homeland ,security pursuant to paragraph 7#a77;,b7 shall satisfy all requirements for eligibility of service during the period beginning on ,december #g1 #aida1 and ending on ,december #ca1 #aidf4 7#c7 ,benefits allowed 7,a7 ,burial benefits eligibility ,service of an individual that is considered active duty pursuant to paragraph 7#a7 shall be considered as active duty service with respect to providing burial benefits under chapters #bc and #bd of title #ch1 ,united ,states ,code1 to the individual4 7,b7 ,medals1 ribbons1 and decorations ,an individual whose service is recognized as active duty pursuant to paragraph 7#a7 may be awarded an appropriate medal1 ribbon1 or other military decoration based on such service4 7,c7 ,status of veteran ,an individual whose service is recognized as active duty pursuant to paragraph 7#a7 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 subsection4 7#d7 ,determination of coastwise merchant seaman ,the ,secretary of ,homeland ,security 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 sex1 age1 or disability of the individual during the period in which the individual served as such a coastwise merchant seaman4 7#e7 ,definition of primary next of kin ,in this section1 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 service4 7#f7 ,effective date ,this section shall take effect #ij days after the date of the enactment of this ,act4 #cjc4 ,designation of ,american ,world ,war ,,ii ,cities 7a7 ,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 ,city4 7b7 ,criteria for designation ,after the designation made under subsection 7c71 the ,secretary1 in consultation with the ,secretary of ,defense1 shall make each designation under subsection 7a7 based on the following criteria3 7#a7 ,contributions by a city to the war effort during ,world ,war ,,ii1 including those related to defense manufacturing1 bond drives1 service in the ,armed ,forces1 and the presence of military facilities within the city4 7#b7 ,efforts by a city to preserve the history of the city's contributions during ,world ,war ,,ii1 including through the establishment of preservation organizations or museums1 restoration of ,world ,war ,,ii facilities1 and recognition of ,world ,war ,,ii veterans4 7c7 ,first ,american ,world ,war ,,ii ,city ,the city of ,wilmington1 ,north ,carolina1 is designated as an ,american ,world ,war ,,ii ,city4 #cjd4 ,observance of ,veterans ,day 7a7 ,two minutes of silence ,chapter #a of title #cf1 ,united ,states ,code1 is amended by adding at the end the following new section3 #ade4 ,veterans ,day ,the ,president shall issue each year a proclamation calling on the people of the ,united ,states to observe two minutes of silence on ,veterans ,day in honor of the service and sacrifice of veterans throughout the history of the ,nation1 beginning at-- 7#a7 #c3aa p4m4 ,atlantic standard time2 7#b7 #b3aa p4m4 eastern standard time2 7#c7 #a3aa p4m4 central standard time2 7#d7 #ab3aa p4m4 mountain standard time2 7#e7 #aa3aa a4m4 ,pacific standard time2 7#f7 #aj3aa a4m4 ,alaska standard time2 and 7#g7 #i3aa a4m4 ,hawaii-,aleutian standard time4 4 7b7 ,clerical amendment ,the table of sections for chapter #a of title #cf1 ,united ,states ,code1 is amended by adding at the end the following new item3 #ade4 ,veterans ,day4 4 ,passed the ,house of ,representatives ,october #bh1 #bjac4;,clerk4