[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6414 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6414

  To establish a pilot program on the provision of legal services to 
  assist veterans and members of the Armed Forces who receive health 
          care, benefits and services, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2008

  Mr. Pallone (for himself and Mr. Rothman) introduced the following 
bill; which was referred to the Committee on Veterans' Affairs, and in 
    addition to the Committee on Armed Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To establish a pilot program on the provision of legal services to 
  assist veterans and members of the Armed Forces who receive health 
          care, benefits and services, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Advocacy Act of 2008''.

SEC. 2. PILOT PROGRAM ON PROVISION OF LEGAL ASSISTANCE TO ASSIST 
              VETERANS AND MEMBERS OF THE ARMED FORCES RECEIVE HEALTH 
              CARE, BENEFITS, AND SERVICES.

    (a) Pilot Program Required.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        carry out a pilot program to assess the feasibility and 
        advisability of utilizing eligible entities to provide legal 
        services to assist veterans and members of the Armed Forces in 
        applying for and receiving health care, benefits, and services.
            (2) Consultation.--The Secretary of Veterans Affairs shall 
        carry out the pilot program in consultation with the Secretary 
        of Defense.
    (b) Grants.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        carry out the pilot program through the award of grants to 
        eligible entities selected by the panel established in 
        accordance with subsection (d)(1) for--
                    (A) the provision of legal services at no cost to 
                members of the Armed Forces and veterans as described 
                in subsection (a)(1); or
                    (B) the provision of legal training to attorneys of 
                eligible entities on the health and benefits programs 
                of the Department of Defense and the Department of 
                Veterans Affairs to facilitate the provision of legal 
                services described in subsection (a)(1).
            (2) Awarding grants.--Grants under this subsection shall be 
        awarded to eligible entities selected pursuant to subsection 
        (d) not later than 180 days after the date of the enactment of 
        this Act.
            (3) Number of grants.--
                    (A) In general.--The Secretary shall award 10 
                grants under the pilot program.
                    (B) State-designated protection and advocacy 
                systems.--Not less than five of the grants awarded 
                under the pilot program shall be awarded to State-
                designated protection and advocacy systems.
            (4) Grant amount.--The amount of each grant awarded under 
        the pilot program shall be determined by the selection panel 
        described in subsection (d)(1), except that each such grant may 
        not be awarded in an amount that--
                    (A) exceeds $100,000; or
                    (B) is less than $25,000.
            (5) Duration.--The duration of any grant awarded under the 
        pilot program may not exceed one year.
            (6) Avoidance of frivolous benefit claims.--An eligible 
        entity that receives a grant under this subsection shall make 
        reasonable efforts to avoid representing veterans and members 
        of the Armed Forces with respect to frivolous benefits claims.
    (c) Eligible Entities.--For purposes of this subsection, an 
eligible entity is any entity or organization, including a State-
designated protection and advocacy systems, that--
            (1) is not part of the Department of Veterans Affairs or 
        the Department of Defense; and
            (2) provides legal services by licensed attorneys with 
        experience assisting veterans, members of the Armed Forces, or 
        persons with disabilities.
    (d) Selection of Grant Recipients.--
            (1) Selection by panel.--
                    (A) In general.--Each application submitted under 
                paragraph (2) shall be evaluated by a panel appointed 
                by the Secretary for purposes of the pilot program. The 
                panel shall select eligible entities for receipt of 
                grants under subsection (b) from among the applications 
                so evaluated.
                    (B) Membership of panel.--Members of the panel 
                shall be appointed in equal numbers from among 
                individuals as follows:
                            (i) Officers and employees of the 
                        Department of Veterans Affairs.
                            (ii) With the approval of the Secretary of 
                        Defense, officers and employees of the 
                        Department of Defense.
                            (iii) Representatives of veterans service 
                        organizations.
                            (iv) Representatives of organizations that 
                        provide services to members of the Armed 
                        Forces.
                            (v) Attorneys that represent veterans.
                            (vi) Attorneys employed by a State-
                        designated protection and advocacy system.
            (2) Application.--An eligible entity seeking a grant under 
        the pilot program shall submit to the Secretary of Veterans 
        Affairs an application therefor in such form and in such manner 
        as the Secretary considers appropriate.
            (3) Elements.--Each application submitted under paragraph 
        (2) shall include the following:
                    (A) In the case of an eligible entity applying for 
                a grant under subsection (b)(1)(A), the following:
                            (i) A description of the population of 
                        members of the Armed Forces and veterans to be 
                        provided assistance.
                            (ii) A description of the outreach to be 
                        conducted by the eligible entity concerned to 
                        notify members of the Armed Forces and veterans 
                        of the availability of such assistance.
                    (B) In the case of an eligible entity applying for 
                a grant under subsection (b)(1)(B), the following:
                            (i) A description of the population of 
                        attorneys to be provided training.
                            (ii) A description of the outreach to be 
                        conducted by the eligible entity concerned to 
                        notify attorneys of the availability of such 
                        training.
                    (C) In the case of an eligible entity applying for 
                a grant under subparagraphs (A) and (B) of subsection 
                (b)(1), the elements described in subparagraphs (A) and 
                (B) of this paragraph.
    (e) Report.--Not later than one year after the date described in 
subsection (b)(2), the Secretary of Veterans Affairs shall submit to 
the Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a report on the pilot 
program required by subsection (a), including the following:
            (1) The number of veterans and members of the Armed Forces 
        that received assistance or services from such pilot program.
            (2) A description of the assistance and services provided 
        as part of such pilot program.
    (f) Definitions.--In this section:
            (1) State-designated protection and advocacy system.--The 
        term ``State-designated protection and advocacy system'' means 
        a system established in a State to protect the legal and human 
        rights of individuals with developmental disabilities in 
        accordance with subtitle C of the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et 
        seq.).
            (2) Veterans service organization.--The term ``veterans 
        service organization'' means any organization organized by the 
        Secretary of Veterans Affairs for the representation of 
        veterans under section 5902 of title 38, United States Code.
    (g) Funding.--Of amounts appropriated for ``Defense Health 
Program'' in the U.S. Troop Readiness, Veterans' Care, Katrina 
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 
110-28), $1,000,000 shall be available for fiscal year 2008 to carry 
out the provisions of this section and not for the purposes for which 
appropriated by such Act. Any amount made available by this subsection 
shall remain available without fiscal year limitation.
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