US Codex
Bill
Notes

H.R. 4771 — what changed

VA Tele-Hearing Modernization Act

From Introduced in House to Engrossed in House. 1 section amended between Introduced in House and Engrossed in House.

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)
changed Establishment—In general— Section 7107 7107(c)(2) of title 38, United States Code, is amended—
(1)
removed in subsection (c)(2)—
(1)
renumbered was (2)(3)(2) in subparagraph (A), by inserting “or subparagraph (C) of this paragraph” after “subparagraph (B) of such paragraph”;
(2)
renumbered was (2)(3)(3) in subparagraph (B), by inserting “or subparagraph (C) of this paragraph” after “subparagraph (A) of such paragraph”; and
(3)
renumbered was (2)(3)(4) by adding at the end the following new subparagraph (C):

added “(C)

added “(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—

added “(I) at a location selected by the appellant; and

added “(II) via a secure internet platform established and maintained by the Secretary that protects sensitive personal information from a data breach.

added “(ii) If an appellant makes a request under clause (i), the Board shall grant such request.”

removed “(C) Upon notification of a Board hearing under subparagraph (A) or (B) of paragraph (1) in a case regarding disability compensation under a law administered by the Secretary, the appellant may alternatively request a hearing by picture and voice transmission—

removed “(i) at a location selected by the appellant; and

removed “(ii) via a secure internet platform established and maintained by the Secretary that protects sensitive personal information from a data breach.”

(2)
removed by adding at the end the following new subsection (f):

removed “(f) Definitions—In this section, the terms “sensitive personal information” and “data breach” have the meanings given those terms in section 5727 of this title.”

(b)
changed Deadline—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)
added Reporting—
(1)
added Annual reporting requirements— Section 7101(d)(2) of such title is amended—
(A)
added in subparagraph (E), by striking “; and” and inserting a semicolon;
(B)
added in subparagraph (F), by striking the period at the ending and inserting “; and”; and
(C)
added by adding at the end the following new subparagraph:

added “(G) with respect to hearings scheduled under section 7107(c)(2)(C) of this title—

added “(i) the number of hearings scheduled under such section;

added “(ii) the number of hearings under such section that were cancelled; and

added “(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.”

(c)
removed Reports— On the day that is one year after the date on which the Secretary implements subparagraph (C) of subsection (c)(2) of such section 7107, as added by subsection (a), and twice annually thereafter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding hearings held under such subparagraph. Each such report shall include, with respect to the year immediately preceding the date of the report, the following:
(2)
changed One-time reporting requirements— The number 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 subparagraph.title, as added by subsection (a):
(A)
added 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)
added a description of the resources required to conduct such outreach;
(ii)
added a timeline for conducting such outreach; and
(iii)
added information related to the advantages and potential technological challenges of conducting hearings under such subparagraph.
(B)
added 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)
added 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)
added 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 veterans service organizations and such other stakeholders as the Secretary considers appropriate.
(2)
removed The number of hearings under such subparagraph that were cancelled and why each such hearing was cancelled.
(3)
removed Any statistical difference in outcomes between cases heard under such subparagraph and those held at the principal location of the Board or by picture and voice transmission at a facility of the Department.