IIB 
116TH CONGRESS 
1ST SESSION H. R. 4771 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 13, 2019 
Received; read twice and referred to the Committee on Veterans’ Affairs 
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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘VA Tele-Hearing Mod-
ernization Act’’. 
SEC. 2. HEARINGS BEFORE THE BOARD OF VETERANS’ AP-
PEALS 
BY 
MEANS 
OF 
TELECONFERENCE 
FROM LOCATIONS OTHER THAN FACILITIES 
OF THE DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) IN GENERAL.—Section 7107(c)(2) of title 38, 
United States Code, is amended— 
(1) in subparagraph (A), by inserting ‘‘or sub-
paragraph (C) of this paragraph’’ after ‘‘subpara-
graph (B) of such paragraph’’; 
(2) in subparagraph (B), by inserting ‘‘or sub-
paragraph (C) of this paragraph’’ after ‘‘subpara-
graph (A) of such paragraph’’; and 
(3) by adding at the end the following new sub-
paragraph (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 
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‘‘(II) via a secure internet platform established 
and maintained by the Secretary that protects sen-
sitive personal information from a data breach. 
‘‘(ii) If an appellant makes a request under clause 
(i), the Board shall grant such request.’’. 
(b) DEADLINE
FOR IMPLEMENTATION.—The Sec-
retary shall implement the amendments made by sub-
section (a) not later than 180 days after the date of the 
enactment of this Act. 
(c) REPORTING.— 
(1) ANNUAL REPORTING REQUIREMENTS.—Sec-
tion 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 
(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 
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‘‘(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 facil-
ity of the Department.’’. 
(2) ONE-TIME
REPORTING
REQUIREMENTS.— 
The first report required to be submitted under sec-
tion 7101(d) of title 38, United States Code, shall 
include the following information with respect to 
hearings scheduled under subparagraph (C) of para-
graph (2) of subsection (c) of section 7101 of such 
title, as added by subsection (a): 
(A) An outline of the outreach the Sec-
retary of Veterans Affairs plans to conduct to 
inform veterans, families of veterans, survivors 
of veterans, veterans service organizations, mili-
tary service organizations, congressional case-
workers, advocates for veterans, and such other 
stakeholders as the Secretary considers appro-
priate about hearings scheduled under such 
subparagraph, including— 
(i) a description of the resources re-
quired to conduct such outreach; 
(ii) a timeline for conducting such 
outreach; and 
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(iii) information related to the advan-
tages and potential technological challenges 
of conducting hearings under such sub-
paragraph. 
(B) A description of any modifications to 
the information technology systems of the Vet-
erans Benefits Administration and the Board of 
Veterans’ Appeals required to carry out hear-
ings under such subparagraph, including cost 
estimates and a timeline for making such modi-
fications. 
(C) A detailed description of the intra- 
agency partnership between the Board of Vet-
erans’ Appeals and the telehealth program of 
the Veterans Health Administration as the 
Board conducts hearings under such subpara-
graph, including best practices, a risk assess-
ment overview, risk mitigation efforts, and a 
plan for ongoing collaboration and information 
sharing. 
(d) 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, 
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