[Page S1240]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2781. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1982, to improve the provision of medical services 
and benefits to veterans, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 291, after line 21, add the following:

             Subtitle E--Disability Compensation Generally

     SEC. 641. MAKING PERMANENT SPECIAL EFFECTIVE DATE FOR AWARDS 
                   OF DISABILITY COMPENSATION FOR VETERANS WHO 
                   SUBMIT APPLICATIONS FOR ORIGINAL CLAIMS THAT 
                   ARE FULLY-DEVELOPED.

       Section 5110(b)(2)(C) 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. 642. PROVISIONAL BENEFITS AWARDED FOR FULLY DEVELOPED 
                   CLAIMS PENDING FOR MORE THAN 180 DAYS.

       (a) In General.--Chapter 53 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 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.''.

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