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 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.
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 Congress a report on the funds and
financial assistance provided under this section during the
preceding fiscal year. Based on the information provided
the Court by entities receiving such funds and assistance,
each report shall—
‘‘(A) set forth the amount, if any, of funds pro-
vided to nonprofit organizations under paragraph
(1) of subsection (a) during the fiscal year covered
by the report;
‘‘(B) set forth the amount, if any, of financial
assistance provided to legal assistance entities pur-
suant to paragraph (1) of subsection (a) or under
paragraph (2) of that subsection during that fiscal
year;
‘‘(C) set forth the amount, if any, of funds pro-
vided to nonprofit organizations under subsection (c)
during that fiscal year; and
‘‘(D) describe the programs carried out under
this section during that fiscal year.
‘‘(2) The Court may require that any nonprofit orga-
nization and any legal assistance entity to which funds or
financial assistance are provided under this section provide
the Court with such information on the programs carried
out under this section as the Court determines necessary
to prepare a report under this subsection.
‘‘(f) For the purposes of this section:
‘‘(1) The term ‘nonprofit organization’ means
any not-for-profit organization that is involved with
the provision of legal assistance to persons unable to
afford such assistance.
‘‘(2) The term ‘legal assistance entity’ means a
not-for-profit organization or veterans service orga-
nization capable of providing legal assistance to per-
sons with respect to matters before the Court.
‘‘(3) The term ‘veterans service organization’
means an organization referred to in section
5902(a)(1) of this title, including an organization
approved by the Secretary under that section.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 7286 the following new
item:
‘‘7287. Legal assistance for financially needy veterans in proceedings before
Court.’’.
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