I
105TH CONGRESS
1ST SESSION
H. R. 1008
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
MARCH 11, 1997
Mr. FOX of Pennsylvania (for himself, Mr. STUMP, Mr. EVANS, Mr. QUINN,
and Mr. FILNER) 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 rep-
resentation of financially needy veterans in connection
with proceedings before the United States Court of Vet-
erans Appeals.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LEGAL ASSISTANCE FOR FINANCIALLY NEEDY
VETERANS IN CONNECTION WITH COURT OF
VETERANS APPEALS PROCEEDINGS.
(a) IN GENERAL.—Subchapter III of chapter 72 of
title 38, United States Code, is amended by adding at the
end the following new section:
‘‘§ 7287. Legal assistance for financially needy veter-
ans in proceedings before Court
‘‘(a)(1) The Court of Veterans Appeals may provide
funds in order to provide financial assistance by grant or
contract to legal assistance entities for purposes of pro-
grams described in subsection (b).
‘‘(2) The Court shall seek to provide funds for such
purpose through a nonprofit organization selected by it.
If the Court determines that there exists no nonprofit or-
ganization that would be an appropriate recipient of funds
under this section for the purposes referred to in para-
graph (1) and that it is consistent with the mission of the
Court, the Court shall provide financial assistance, by
grant or contract, directly to legal assistance entities for
purposes of permitting such entities to carry out programs
described in subsection (b).
‘‘(b)(1) A program referred to in subsection (a) is any
program under which a legal assistance entity uses finan-
cial assistance under this section to provide assistance or
carry out activities (including assistance, services, or ac-
tivities referred to in paragraph (3)) in order to ensure
that individuals described in paragraph (2) receive, with-
out charge, legal assistance in connection with decisions
to which section 7252(a) of this title may apply or with
other proceedings before the Court.
‘‘(2) An individual referred to in paragraph (1) is any
veteran or other person who—
‘‘(A) is or seeks to be a party to an action be-
fore the Court; and
‘‘(B) cannot, as determined by the Court or the
entity concerned, afford the costs of legal advice and
representation in connection with that action.
‘‘(3) Assistance, services, and activities under a pro-
gram described in this subsection may include the follow-
ing for individuals described in paragraph (2) in connec-
tion with proceedings before the Court:
‘‘(A) Financial assistance to defray the ex-
penses of legal advice or representation (other than
payment of attorney fees) by attorneys, clinical law
programs of law schools, and veterans service orga-
nizations.
‘‘(B) Case screening and referral services for
purposes of referring cases to pro bono attorneys
and such programs and organizations.
‘‘(C) Education and training of attorneys and
other legal personnel who may appear before the
Court by attorneys and such programs and organiza-
tions.
‘‘(D) Encouragement and facilitation of the pro
bono representation by attorneys and such programs
and organizations.
‘‘(4) A legal assistance entity that receives financial
assistance described in subsection (a) to carry out a pro-
gram under this subsection shall make such contributions
(including in-kind contributions) to the program as the
nonprofit organization or the Court, as the case may be,
shall specify when providing the assistance.
‘‘(5) A legal assistance entity that receives financial
assistance under subsection (a) to carry out a program
described in this subsection may not require or request
the payment of a charge or fee in connection with the pro-
gram by or on behalf of any individual described in para-
graph (2).
‘‘(c)(1) There is authorized to be appropriated to the
Court $750,000 for fiscal year 1998 and the same amount
for each succeeding fiscal year through fiscal year 2001,
increased by 3 percent per year, to carry out this section.
‘‘(2) Funds appropriated under this subsection may
be used only for the purposes of subsection (a). Such
funds may be provided in advance or by way of reimburse-
ment, to cover some or all of the administrative costs of
the organization or entity receiving the funds in providing
financial assistance to carry out programs described in
subsection (b).
‘‘(3) Funds shall be provided under this subsection
pursuant to a written agreement entered into by the Court
and the organization or entity receiving the funds from
the Court.
‘‘(d) A nonprofit organization may—
‘‘(1) accept funds, in advance or by way of re-
imbursement, from the Court under subsection (a)
in order to provide the financial assistance referred
to in that subsection;
‘‘(2) provide financial assistance by grant or
contract to legal assistance entities under this sec-
tion for purposes of permitting such entities to carry
out programs described in subsection (b);
‘‘(3) administer any such grant or contract; and
‘‘(4) accept funds, in advance or by way of re-
imbursement, from the Court under subsection (c) in
order to cover the administrative costs referred to in
that subsection.
‘‘(e)(1) Not later than February 1 of each year, the
Court shall submit to the Congress a report on the funds