I 

116TH CONGRESS 

1ST SESSION H. R. 4771 

To amend title 38, United States Code, to permit appellants to appear 

in disability compensation cases before the Board of Veterans’ Appeals 

by picture and voice transmission from locations other than facilities 

of the Department of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 21, 2019 

Mr. CUNNINGHAM (for himself and Mr. KATKO) introduced the following bill; 

which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to permit appellants 

to appear in disability compensation cases before the 

Board of Veterans’ Appeals by picture and voice transmission from locations other than facilities of the Department of Veterans Affairs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘VA Tele-Hearing Mod5 ernization Act’’. 


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1 SEC. 2. DISABILITY COMPENSATION HEARINGS BEFORE 

2 THE BOARD OF VETERANS’ APPEALS BY 

3 MEANS OF TELECONFERENCE FROM LOCA4 TIONS OTHER THAN FACILITIES OF THE DE5 PARTMENT OF VETERANS AFFAIRS. 

6 (a) ESTABLISHMENT.—Section 7107 of title 38, 

7 United States Code, is amended— 

8 (1) in subsection (c)(2)— 

9 (A) in subparagraph (A), by inserting ‘‘or 

10 subparagraph (C) of this paragraph’’ after 

11 ‘‘subparagraph (B) of such paragraph’’; 

12 (B) in subparagraph (B), by inserting ‘‘or 

13 subparagraph (C) of this paragraph’’ after 

14 ‘‘subparagraph (A) of such paragraph’’; and 

15 (C) by adding at the end the following new 

16 subparagraph (C): 

17 ‘‘(C) Upon notification of a Board hearing under sub18 paragraph (A) or (B) of paragraph (1) in a case regarding 

19 disability compensation under a law administered by the 

20 Secretary, the appellant may alternatively request a hear21 ing by picture and voice transmission— 

22 ‘‘(i) at a location selected by the appellant; and 

23 ‘‘(ii) via a secure internet platform established 

24 and maintained by the Secretary that protects sen25 sitive personal information from a data breach. 


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1 If so requested, the Board shall grant such re2 quest.’’; and 

3 (2) by adding at the end the following new sub4 section (f): 

5 ‘‘(f) DEFINITIONS.—In this section, the terms ‘sen6 sitive personal information’ and ‘data breach’ have the 

7 meanings given those terms in section 5727 of this title.’’. 

8 (b) DEADLINE.—The Secretary shall implement the 

9 amendments made by subsection (a) not later than 180 

10 days after the date of the enactment of this Act. 

11 (c) REPORTS.—On the day that is one year after the 

12 date on which the Secretary implements subparagraph (C) 

13 of subsection (c)(2) of such section 7107, as added by sub14 section (a), and twice annually thereafter, the Secretary 

15 shall submit to the Committees on Veterans’ Affairs of 

16 the Senate and House of Representatives a report regard17 ing hearings held under such subparagraph. Each such re18 port shall include, with respect to the year immediately 

19 preceding the date of the report, the following: 

20 (1) The number of hearings scheduled under 

21 such subparagraph. 

22 (2) The number of hearings under such sub23 paragraph that were cancelled and why each such 

24 hearing was cancelled. 


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1 (3) Any statistical difference in outcomes be2 tween cases heard under such subparagraph and 

3 those held at the principal location of the Board or 

4 by picture and voice transmission at a facility of the 

5 Department. 

Æ 


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