[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1745 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1745

 To amend title 38, United States Code, to provide flexibility in the 
   order in which the Board of Veterans' Appeals hears and considers 
                                appeals.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 11, 1998

Mr. Specter (by request) 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 provide flexibility in the 
   order in which the Board of Veterans' Appeals hears and considers 
                                appeals.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXCEPTION TO DOCKET ORDER CONSIDERATION.

    Section 7107(a) of title 38, United States Code, is amended--
            (1) in paragraph (1), by striking ``Except as provided in 
        subsection (f)'' and inserting ``Except as provided in 
        paragraph (2) and subsection (f)'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting the following:
            ``(2) The Board may consider and decide an appeal later 
        than its place on the docket would normally require if such 
        delay is necessary to provide the appellant a hearing.''.

SEC. 2. SCHEDULING OF FIELD HEARINGS.

    (a) Section 7107(d) of title 38, United States Code, is amended by 
striking paragraph (2) and inserting the following:
            ``(2) A hearing to be held within an area served by a 
        regional office of the Department shall (except as provided in 
        paragraph (3)) be scheduled to be held in accordance with the 
        case's place on the docket referred to in subsection (a) 
        relative to the other cases for which a hearing is scheduled to 
        be held in that area.''.
    (b) The amendment made by subsection (a) applies to requests for a 
hearing received by the Department on or after the date of enactment.

SEC. 3. ADVANCEMENT ON THE HEARING DOCKET.

    Section 7107(d) of title 38, United States Code, is amended by 
striking paragraph (3) and inserting the following:
            ``(3) A hearing to be held within an area served by a 
        regional office of the Department may, for cause shown, be 
        advanced on motion for an earlier hearing. Any such motion 
        shall set forth succinctly the grounds upon which it is based 
        and may not be granted unless the case involves interpretation 
        of law of general application affecting other claims or for 
        other sufficient cause shown.''.
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