[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1131 Introduced in Senate (IS)]

  1st Session
                                S. 1131

 To amend title 38, United States Code, to authorize the provision of 
financial assistance in order to ensure that financially needy veterans 
  receive legal assistance in connection with proceedings before the 
                United States Court of Veterans Appeals.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 8 (legislative day, July 10), 1995

 Mr. Rockefeller (for himself and Mr. Akaka) introduced the following 
 bill; which was read twice and referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to authorize the provision of 
financial assistance in order to ensure that financially needy veterans 
  receive legal assistance in connection with proceedings before the 
                United States Court of Veterans Appeals.
    Be it enacted by the Senate and House of Representatives 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.--(1) Subchapter III of chapter 72 of title 38, 
United States Code, is amended by adding at the end the following:
``Sec. 7287. Legal assistance for certain veterans in Court 
              proceedings; use of funds for assistance
    ``(a)(1) The Court may, in accordance with this section, provide 
funds (in advance or by way of reimbursement) to nonprofit 
organizations, under such terms and conditions consistent with this 
section as the Court considers appropriate, in order to permit such 
organizations to provide financial assistance by grant or contract to 
such legal assistance entities as the organizations consider 
appropriate for purposes of permitting such entities to carry out 
programs described in subsection (b).
    ``(2) Notwithstanding any other provision of law, if the Court 
determines that there exists no nonprofit organization that would be an 
appropriate recipient of funds under this section for the purposes 
referred to in paragraph (1) and that it is consistent with the mission 
of the Court, the Court may provide financial assistance, by grant or 
contract, directly to such legal assistance entities as the Court 
considers appropriate 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 utilizes financial assistance 
under this section to provide assistance or carry out activities 
(including assistance, services, or activities referred to in paragraph 
(3)) in order to ensure that individuals described in paragraph (2) 
receive, without 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 before 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 program 
described in this subsection may include the following for individuals 
described in paragraph (2) in connection with proceedings before the 
Court:
            ``(A) Financial assistance to defray the expenses of legal 
        advice or representation (other than payment of attorney fees) 
        by attorneys, clinical law programs of law schools, and 
        veterans service organizations.
            ``(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 organizations.
            ``(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 program 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 program by or on behalf of any individual described 
in paragraph (2).
    ``(c)(1) The Court may, out of the funds appropriated to the Court 
for such purpose, provide funds to a nonprofit organization described 
in subsection (a)(1), in advance or by way of reimbursement, to cover 
some or all of the administrative costs of the organization in 
providing financial assistance to legal assistance entities carrying 
out programs described in subsection (b).
    ``(2) Funds shall be provided under this subsection pursuant to a 
written agreement entered into by the Court and the nonprofit 
organization receiving the funds.
    ``(d) Notwithstanding any other provision of law, a nonprofit 
organization may--
            ``(1) accept funds, in advance or by way of reimbursement, 
        from the Court under subsection (a)(1) 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 section 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 reimbursement, 
        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 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 data provided the Court by entities receiving such funds and 
assistance, each report shall--
            ``(A) set forth the amount, if any, of funds provided 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 pursuant 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 provided 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 the nonprofit organization and 
legal assistance entities to which funds or financial assistance are 
provided under this section provide the Court with such data on the 
programs carried out under this section as the Court determines 
necessary to prepare a report under this subsection.
    ``(g) For the purposes of this section:
            ``(1) The term `legal assistance entity' means a not-for-
        profit organization or veterans service organization capable of 
        providing legal assistance to persons with respect to matters 
        before the Court.
            ``(2) The term `Legal Services Corporation' means the 
        corporation established under section 1003(a) of the Legal 
        Services Corporation Act (42 U.S.C. 2996b(a)).
            ``(3) The term `nonprofit organization' means the Legal 
        Services Corporation or any other similar not-for-profit 
        organization that is involved with the provision of legal 
        assistance to persons unable to afford such assistance.
            ``(4) 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.''.
    (2) 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 Court 
                            proceedings; use of funds for 
                            assistance.''.
                                 <all>