S.Amdt. 1467

SA 1467. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill H.R. 1735, to authorize appropriations for fiscal year
2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1085. MAKING PERMANENT SPECIAL EFFECTIVE DATE FOR AWARDS
OF DISABILITY COMPENSATION BY SECRETARY OF
VETERANS AFFAIRS FOR VETERANS WHO SUBMIT
APPLICATIONS FOR ORIGINAL CLAIMS THAT ARE
FULLY-DEVELOPED.

Section 5110(b)(2)(C) of title 38, United States Code, is
amended by striking ``and shall not apply with respect to
claims filed after the date that is three years after the
date of the enactment of such Act''.

SEC. 1086. PROVISIONAL BENEFITS AWARDED BY SECRETARY OF
VETERANS AFFAIRS FOR FULLY DEVELOPED CLAIMS
PENDING FOR MORE THAN 180 DAYS.

(a) In General.--Chapter 53 of title 38, United States
Code, is amended by adding at the end the following:

``Sec. 5319A. Provisional benefits awarded for fully
developed claims pending for extended period

``(a) Provisional Awards Required.--For each application
for disability compensation that is filed for an individual
with the Secretary, that sets forth an original claim that is
fully-developed (as determined by the Secretary) as of the
date of submittal, and for which the Secretary has not made a
decision, beginning on the date that is 180 days after the
date on which such application is filed with the Secretary,
the Secretary shall award the individual a provisional
benefit under this section.
``(b) Provisional Awards Established.--A provisional
benefit awarded pursuant to subsection (a) for a claim for
disability compensation shall be for such monthly amount as
the Secretary shall establish for each classification of
disability claimed as the Secretary shall establish.
``(c) Recovery.--Notwithstanding any other provision of
law, the Secretary may recover a payment of a provisional
benefit awarded under this section for an application for
disability compensation only--
``(1) in a case in which the Secretary awards the
disability compensation for which the individual filed the
application and the Secretary may only recover such
provisional benefit by subtracting it from payments made for
the disability compensation awarded; or
``(2) in a case in which the Secretary determines not to
award the disability compensation for which the individual
filed the application and the Secretary determines that the
application was the subject of intentional fraud,
misrepresentation, or bad faith on behalf of the
individual.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by inserting
after the item relating to section 5319 the following new
item:

``5319A. Provisional benefits awarded for fully developed claims
pending for extended period.''.
______