I

104TH CONGRESS

2D SESSION H. R. 3493

To amend title 38, United States Code, to authorize the provision of funds

in order to provide financial assistance by grant or contract to legal

assistance entities for representation of financially needy veterans in

connection with proceedings before the United States Court of Veterans

Appeals.

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1996

Mr. FOX of Pennsylvania (for himself, Mr. EVERETT, Mr. BUYER, and Mr.

HUTCHINSON) introduced the following bill; which was referred to the

Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to authorize the

provision of funds in order to provide financial assistance

by grant or contract to legal assistance entities for representation of financially needy veterans in connection

with proceedings before the United States Court of Veterans Appeals.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. LEGAL ASSISTANCE FOR FINANCIALLY NEEDY

2 VETERANS IN CONNECTION WITH COURT OF

3 VETERANS APPEALS PROCEEDINGS.

4 (a) IN GENERAL.—Subchapter III of chapter 72 of

5 title 38, United States Code, is amended by adding at the

6 end the following new section:

7 ‘‘§ 7287. Legal assistance for financially needy veter8 ans in proceedings before Court

9 ‘‘(a)(1) The Court of Veterans Appeals may provide

10 funds in order to provide financial assistance by grant or

11 contract to legal assistance entities for purposes of pro12 grams described in subsection (b).

13 ‘‘(2) The Court shall seek to provide funds for such

14 purpose through a nonprofit organization selected by it.

15 If the Court determines that there exists no nonprofit or16 ganization that would be an appropriate recipient of funds

17 under this section for the purposes referred to in para18 graph (1) and that it is consistent with the mission of the

19 Court, the Court shall provide financial assistance, by

20 grant or contract, directly to legal assistance entities for

21 purposes of permitting such entities to carry out programs

22 described in subsection (b).

23 ‘‘(b)(1) A program referred to in subsection (a) is any

24 program under which a legal assistance entity uses finan25 cial assistance under this section to provide assistance or

26 carry out activities (including assistance, services, or ac-
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1 tivities referred to in paragraph (3)) in order to ensure

2 that individuals described in paragraph (2) receive, with3 out charge, legal assistance in connection with decisions

4 to which section 7252(a) of this title may apply or with

5 other proceedings before the Court.

6 ‘‘(2) An individual referred to in paragraph (1) is any

7 veteran or other person who—

8 ‘‘(A) is or seeks to be a party to an action be9 fore the Court; and

10 ‘‘(B) cannot, as determined by the Court or the

11 entity concerned, afford the costs of legal advice and

12 representation in connection with that action.

13 ‘‘(3) Assistance, services, and activities under a pro14 gram described in this subsection may include the follow15 ing for individuals described in paragraph (2) in connec16 tion with proceedings before the Court:

17 ‘‘(A) Financial assistance to defray the ex18 penses of legal advice or representation (other than

19 payment of attorney fees) by attorneys, clinical law

20 programs of law schools, and veterans service orga21 nizations.

22 ‘‘(B) Case screening and referral services for

23 purposes of referring cases to pro bono attorneys

24 and such programs and organizations.
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1 ‘‘(C) Education and training of attorneys and

2 other legal personnel who may appear before the

3 Court by attorneys and such programs and organiza4 tions.

5 ‘‘(D) Encouragement and facilitation of the pro

6 bono representation by attorneys and such programs

7 and organizations.

8 ‘‘(4) A legal assistance entity that receives financial

9 assistance described in subsection (a) to carry out a pro10 gram under this subsection shall make such contributions

11 (including in-kind contributions) to the program as the

12 nonprofit organization or the Court, as the case may be,

13 shall specify when providing the assistance.

14 ‘‘(5) A legal assistance entity that receives financial

15 assistance under subsection (a) to carry out a program

16 described in this subsection may not require or request

17 the payment of a charge or fee in connection with the pro18 gram by or on behalf of any individual described in para19 graph (2).

20 ‘‘(c)(1)(A) From amounts appropriated to the De21 partment for each of fiscal years 1997 through 2003 for

22 the payment of compensation and pension, the Secretary

23 shall transfer to the Court the amount specified under

24 subparagraph (B) for each such fiscal year, and such
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1 funds shall be available for use by the Court only in ac2 cordance with this section.

3 ‘‘(B) The amount to be transferred to the Court

4 under paragraph (1) for any fiscal year is $700,000 for

5 fiscal year 1997 and the same amount for each succeeding

6 fiscal year through fiscal year 2003 increased by 3 percent

7 per year.

8 ‘‘(2) The Court shall provide funds transferred to it

9 under this paragraph to a nonprofit organization described

10 in subsection (a)(1). Such funds shall be provided to such

11 organization in advance or by way of reimbursement, to

12 cover some or all of the administrative costs of the organi13 zation in providing financial assistance to legal assistance

14 entities carrying out programs described in subsection (b).

15 ‘‘(3) Funds shall be provided under this subsection

16 pursuant to a written agreement entered into by the Court

17 and the organization receiving the funds.

18 ‘‘(d) A nonprofit organization may—

19 ‘‘(1) accept funds, in advance or by way of re20 imbursement, from the Court under subsection

21 (a)(1) in order to provide the financial assistance re22 ferred to in that subsection;

23 ‘‘(2) provide financial assistance by grant or

24 contract to legal assistance entities under this sec-
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1 tion for purposes of permitting such entities to carry

2 out programs described in subsection (b);

3 ‘‘(3) administer any such grant or contract; and

4 ‘‘(4) accept funds, in advance or by way of re5 imbursement, from the Court under subsection (c) in

6 order to cover the administrative costs referred to in

7 that subsection.

8 ‘‘(e)(1) Not later than February 1 of each year, the

9 Court shall submit to Congress a report on the funds and

10 financial assistance provided under this section during the

11 preceding fiscal year. Based on the information provided

12 the Court by entities receiving such funds and assistance,

13 each report shall—

14 ‘‘(A) set forth the amount, if any, of funds pro15 vided to nonprofit organizations under paragraph

16 (1) of subsection (a) during the fiscal year covered

17 by the report;

18 ‘‘(B) set forth the amount, if any, of financial

19 assistance provided to legal assistance entities pur20 suant to paragraph (1) of subsection (a) or under

21 paragraph (2) of that subsection during that fiscal

22 year;

23 ‘‘(C) set forth the amount, if any, of funds pro24 vided to nonprofit organizations under subsection (c)

25 during that fiscal year; and
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1 ‘‘(D) describe the programs carried out under

2 this section during that fiscal year.

3 ‘‘(2) The Court may require that any nonprofit orga4 nization and any legal assistance entity to which funds or

5 financial assistance are provided under this section provide

6 the Court with such information on the programs carried

7 out under this section as the Court determines necessary

8 to prepare a report under this subsection.

9 ‘‘(f) For the purposes of this section:

10 ‘‘(1) The term ‘nonprofit organization’ means

11 any not-for-profit organization that is involved with

12 the provision of legal assistance to persons unable to

13 afford such assistance.

14 ‘‘(2) The term ‘legal assistance entity’ means a

15 not-for-profit organization or veterans service orga16 nization capable of providing legal assistance to per17 sons with respect to matters before the Court.

18 ‘‘(3) The term ‘veterans service organization’

19 means an organization referred to in section

20 5902(a)(1) of this title, including an organization

21 approved by the Secretary under that section.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of such chapter is amended by inserting

24 after the item relating to section 7286 the following new

25 item:
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‘‘7287. Legal assistance for financially needy veterans in proceedings before

Court.’’.

Æ