,i #aacth ,,congress #ast ,session ,h4 ,r4 #bahi ,,in ,,the ,,house ,,of ,,representatives ,may #bc1 #bjac ,mr4 ,miller of ,florida 7for himself and ,mr4 ,mc,carthy of ,california7 introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to establish a commission or task force to evaluate the backlog of disability claims of the ,department of ,veterans ,affairs4 #a4 ,evaluation of backlog of disability 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 ,affairs4 7b7 ,study 7#a7 ,in general ,the ,commission or ,task ,force 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 ,consideration ,in carrying out the study under paragraph 7#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 ,the importance of the claimant friendly1 nonadversarial nature of the claims process4 7#c7 ,matters included ,in carrying out the study under paragraph 7#a71 the ,commission or ,task ,force shall examine the following3 7,a7 ,the backlog of claims1 including an analysis of-- 7i7 the most effective means to quickly and accurately resolve all claims pending as of the date of the study2 and 7ii7 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 transformation plan of the ,department4 7,b7 ,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 7,c7 ,in carrying out the evaluation and recommendations under subparagraph 7,b71 an examination of-- 7i7 options that make no major substantive changes to the claims process2 7ii7 options that maintain the process but make minor changes2 and 7iii7 options that make broad changes to the process4 7,d7 ,the appeals process1 including-- 7i7 an analysis of 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 7ii7 an analysis of the role of the ,board of ,veterans' ,appeals1 including-- 7,i7 the effectiveness of the workload management of the ,board2 7,,ii7 whether the ,board should be regionalized or maintain the centralized structure in the ,district of ,columbia2 and 7,,iii7 whether ,board ,members should be required to pass the administrative law judges certification examination2 and 7iii7 an analysis of the role of the ,court of ,appeals for ,veterans ,claims and the ,court of ,appeals for the ,federal ,circuit1 including-- 7,i7 the continued effectiveness and necessity of a two-tiered structure of judicial review2 7,,ii7 the ,article ,i status of the ,court of ,appeals for ,veterans ,claims2 7,,iii7 expansion of either the ,court of ,appeals for ,veterans ,claims or the ,court of ,appeals for the ,federal ,circuit jurisdiction1 including by allowing such ,courts to hear class action lawsuits with respect to claims2 and 7,,iv7 the possibility of expanding judicial review of claims to all ,federal circuit courts of appeals4 7#d7 ,role of ,secretary of ,veterans ,affairs 7,a7 ,information ,in carrying out a study on the backlog of claims under paragraph 7#a71 the ,commission or ,task ,force shall submit to the ,secretary of ,veterans ,affairs1 at times that the ,commission or ,task ,force determines appropriate1 information with respect to remedies and solutions for the backlog of claims that the ,commission or ,task ,force identifies pursuant to such study4 7,b7 ,implementation ,the ,secretary shall-- 7i7 fully consider the remedies and solutions submitted under subparagraph 7,a72 7ii7 implement such remedies and solutions as the ,secretary determines appropriate2 and 7iii7 submit to ,congress justification for failing to implement any such remedy or solution4 7c7 ,reports 7#a7 ,initial 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 report on the study conducted under subsection 7b71 including-- 7,a7 the findings of the causes of the backlog of claims2 and 7,b7 the level of cooperation the ,commission or ,task ,force has received from the ,secretary of ,veterans ,affairs and the heads of other departments or agencies of the ,federal ,government4 7#b7 ,interim 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 report under paragraph 7#c71 the ,commission or ,task ,force shall submit to the ,president and ,congress a report on-- 7,a7 the progress of the ,secretary of ,veterans ,affairs with respect to implementing solutions to expedite the elimination of the backlog of claims pursuant to subsection 7b77#d77;,b77ii72 and 7,b7 the level of cooperation the ,commission or ,task ,force has received from the ,secretary of ,veterans ,affairs and the heads of other departments or agencies of the ,federal ,government4 7#c7 ,final 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 report on the study conducted under subsection 7b74 ,the report shall include the following3 7,a7 ,the findings1 conclusions1 and recommendations of the ,commission or ,task ,force with respect to the matters referred to in such subsection4 7,b7 ,the recommendations of the ,commission or ,task ,force for revising and improving the backlog of claims and the procedures used to process claims4 7,c7 ,the progress of the ,secretary of ,veterans ,affairs with respect to implementing solutions to expedite the elimination of the backlog of claims pursuant to subsection 7b77#d77;,b77ii74 7,d7 ,other information and recommendations with respect to claims 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 at least one of whom shall be a veteran4 7,b7 ,two members appointed by the minority leader of the ,house of ,representatives1 at least one of whom shall be a veteran4 7,c7 ,two members appointed by the majority leader of the ,senate1 at least one of whom shall be a veteran4 7,d7 ,two members appointed by the minority leader of the ,senate1 at least one of whom shall be a veteran4 7,e7 ,three members appointed by the ,president1 at least two of whom shall be veterans4 7,f7 ,two members appointed by the ,secretary of ,defense4 7,g7 ,two members appointed by the ,secretary of ,veteran ,affairs1 at least one of whom shall be a veteran1 and at least one of whom shall be an employee of the ,veterans ,benefits ,administration4 7#b7 ,advisors ,in addition to the #ae members appointed under paragraph 7#a71 the ,commission or ,task ,force shall-- 7,a7 have five nonvoting1 nonmember advisors1 appointed by a majority of the ,commission or ,task ,force from various veterans service organizations2 and 7,b7 seek advice from experts from nongovernmental organizations 7including veterans service organizations and military organizations71 the ,internet technology industry1 and the insurance industry4 7#c7 ,chairman ,the ,president shall designate a member of the ,commission or ,task ,force to be the chairman4 7#d7 ,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#e7 ,vacancy ,a vacancy on the ,commission or ,task ,force shall be filled in the manner in which the original appointment was made4 7#f7 ,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 ,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 ,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 ,service 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 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 ,claim defined ,in this section1 the term claim means a claim for disability compensation under the laws administered by the ,secretary of ,veterans ,affairs4