VA Tele-Hearing Modernization Act
This bill authorizes appellants in cases before the Board of Veterans' Appeals to appear at a hearing by picture and voice transmission (e.g., Skype) from locations other than Department of Veterans Affairs (VA) facilities. The bill requires the VA to report specified statistics and information related to hearings held by picture and voice transmission.
[116th Congress Public Law 137]
[From the U.S. Government Publishing Office]
[[Page 615]]
VA TELE-HEARING MODERNIZATION ACT
[[Page 134 STAT. 616]]
Public Law 116-137
116th Congress
An Act
To amend title 38, United States Code, to permit appellants to appear in
cases before the Board of Veterans' Appeals by picture and voice
transmission from locations other than facilities of the Department of
Veterans Affairs, and for other purposes. <<NOTE: Apr. 10, 2020 - [H.R.
4771]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: VA Tele-Hearing
Modernization Act. 38 USC 101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VA Tele-Hearing Modernization Act''.
SEC. 2. HEARINGS BEFORE THE BOARD OF VETERANS' APPEALS BY MEANS OF
TELECONFERENCE FROM LOCATIONS OTHER THAN
FACILITIES OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Section 7107(c)(2) of title 38, United States Code,
is amended--
(1) in subparagraph (A), by inserting ``or subparagraph (C)
of this paragraph'' after ``subparagraph (B) of such
paragraph'';
(2) in subparagraph (B), by inserting ``or subparagraph (C)
of this paragraph'' after ``subparagraph (A) of such
paragraph''; and
(3) by adding at the end the following new subparagraph (C):
``(C)(i) Upon notification of a Board hearing under subparagraph (A)
or (B) of paragraph (1), the appellant may alternatively request a
hearing by picture and voice transmission--
``(I) at a location selected by the appellant; and
``(II) via a secure internet platform established and
maintained by the Secretary that protects sensitive personal
information from a data breach.
``(ii) If an appellant makes a request under clause (i), the Board
shall grant such request.''.
(b) <<NOTE: 38 USC 7107 note.>> Deadline for Implementation.--The
Secretary shall implement the amendments made by subsection (a) not
later than 180 days after the date of the enactment of this Act.
(c) Reporting.--
(1) Annual reporting requirements.--Section 7101(d)(2) of
such title is amended--
(A) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (F), by striking the period at
the ending and inserting ``; and''; and
[[Page 134 STAT. 617]]
(C) by adding at the end the following new
subparagraph:
``(G) with respect to hearings scheduled under section
7107(c)(2)(C) of this title--
``(i) the number of hearings scheduled under such
section;
``(ii) the number of hearings under such section
that were cancelled; and
``(iii) any statistical difference in outcomes
between cases heard under such section and those held at
the principal location of the Board or by picture and
voice transmission at a facility of the Department.''.
(2) <<NOTE: 38 USC 7101 note.>> One-time reporting
requirements.--The first report required to be submitted under
section 7101(d) of title 38, United States Code, shall include
the following information with respect to hearings scheduled
under subparagraph (C) of paragraph (2) of subsection (c) of
section 7101 of such title, as added by subsection (a):
(A) An outline of the outreach the Secretary of
Veterans Affairs plans to conduct to inform veterans,
families of veterans, survivors of veterans, veterans
service organizations, military service organizations,
congressional caseworkers, advocates for veterans, and
such other stakeholders as the Secretary considers
appropriate about hearings scheduled under such
subparagraph, including--
(i) a description of the resources required to
conduct such outreach;
(ii) <<NOTE: Timeline.>> a timeline for
conducting such outreach; and
(iii) information related to the advantages
and potential technological challenges of
conducting hearings under such subparagraph.
(B) <<NOTE: Cost estimates. Timeline.>> A
description of any modifications to the information
technology systems of the Veterans Benefits
Administration and the Board of Veterans' Appeals
required to carry out hearings under such subparagraph,
including cost estimates and a timeline for making such
modifications.
(C) <<NOTE: Assessment. Plan.>> A detailed
description of the intra-agency partnership between the
Board of Veterans' Appeals and the telehealth program of
the Veterans Health Administration as the Board conducts
hearings under such subparagraph, including best
practices, a risk assessment overview, risk mitigation
efforts, and a plan for ongoing collaboration and
information sharing.
(d) <<NOTE: Procedures. 38 USC 7101 note.>> Collaboration.--In
developing the capacity and procedures to conduct hearings under
subparagraph (C) of paragraph (2) of subsection (c) of section 7101 of
title 38, United States Code, as added by subsection (a), the Secretary
of Veterans Affairs shall collaborate with, partner with, and give
weight to the advice of
[[Page 134 STAT. 618]]
veterans service organizations and such other stakeholders as the
Secretary considers appropriate.
Approved April 10, 2020.
LEGISLATIVE HISTORY--H.R. 4771:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD:
Vol. 165 (2019):
Nov. 12, considered and passed
House.
Vol. 166 (2020):
Mar. 25, considered and passed
Senate.
<all>
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Mr. Takano moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H8753-8755)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4771.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection. (text: CR H8753-8754)
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
Senate Committee on Veterans' Affairs discharged by Unanimous Consent.
Senate Committee on Veterans' Affairs discharged by Unanimous Consent. (consideration: CR S2158)
Enacted as Public Law 116-137
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Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
Passed Senate without amendment by Unanimous Consent.
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 116-137.
Became Public Law No: 116-137.