[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1286 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1286

To amend title 38, United States Code, to reduce the backlog of appeals 
 of decisions of the Secretary of Veterans Affairs by facilitating pro 
 bono legal assistance for veterans before the United States Court of 
  Veterans Appeals and the Board of Veterans' Appeals, to provide the 
 Secretary with authority to address unreasonably delayed claims, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2015

  Mrs. Shaheen (for herself, Mr. Leahy, Ms. Baldwin, Mr. Cardin, Mr. 
   Bennet, Mr. Brown, Ms. Klobuchar, Mr. Udall, and Mr. Whitehouse) 
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 reduce the backlog of appeals 
 of decisions of the Secretary of Veterans Affairs by facilitating pro 
 bono legal assistance for veterans before the United States Court of 
  Veterans Appeals and the Board of Veterans' Appeals, to provide the 
 Secretary with authority to address unreasonably delayed claims, 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 Appeals Assistance and 
Improvement Act of 2015''.

SEC. 2. PROGRAM OF FINANCIAL ASSISTANCE FOR SUPPORT OF PROGRAMS THAT 
              FURNISH LEGAL ASSISTANCE TO VETERANS SEEKING REVIEW BY 
              UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.

    (a) In General.--Chapter 59 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 5906. Program of financial assistance for support of programs 
              that furnish legal assistance to veterans seeking review 
              by United States Court of Appeals for Veterans Claims
    ``(a) In General.--The United States Court of Appeals for Veterans 
Claims shall establish a program for the provision of financial 
assistance (through grant or contract made, to the maximum extent 
feasible) to facilitate the furnishing of legal and other assistance, 
without charge, through programs described in subsection (b), for 
veterans and other persons who are unable to afford the cost of legal 
representation in connection with decisions to which section 7252(a) of 
this title may apply or with other proceedings in the United States 
Court of Appeals for Veterans Claims.
    ``(b) Programs Described.--Programs described in this subsection 
are programs that furnish case screening and referral, training and 
education for attorney and related personnel, and encouragement and 
facilitation of pro bono representation by members of the bar and law 
school clinical and other appropriate programs, such as veterans 
service organizations, and through defraying expenses incurred in 
providing representation to persons described in subsection (a).
    ``(c) Legal Services Corporation.--(1) The United States Court of 
Appeals for Veterans Claims shall carry out subsection (a) by entering 
into an interagency agreement with the Legal Services Corporation. The 
agreement shall specify that the Corporation shall carry out the 
financial assistance program described in subsection (a).
    ``(2) Grants or contracts awarded under the financial assistance 
program described in subsection (a) shall be made by the Legal Services 
Corporation pursuant to a reimbursable payment from the Court in 
accordance with this section.
    ``(3) The Legal Services Corporation may receive a reimbursable 
payment from the Court for the purpose of providing the financial 
assistance described in subsection (a).
    ``(d) Limitation on Use of Funds.--No funds appropriated or 
otherwise made available to carry out this section may be used for the 
payment of attorney's fees.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2015 through 2018.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 59 is amended by inserting after the item relating to section 
5905 the following new item:

``5906. Program of financial assistance for support of programs that 
                            furnish legal assistance to veterans 
                            seeking review by United States Court of 
                            Appeals for Veterans Claims.''.

SEC. 3. PROGRAM OF FINANCIAL ASSISTANCE FOR SUPPORT OF PROGRAMS THAT 
              FURNISH LEGAL ASSISTANCE TO VETERANS SEEKING REVIEW BY 
              BOARD OF VETERANS' APPEALS.

    (a) In General.--Chapter 59 of title 38, United States Code, as 
amended by section 2(a), is further amended by adding at the end the 
following new section:
``Sec. 5907. Program of financial assistance for support of programs 
              that furnish legal assistance to veterans seeking review 
              by Board of Veterans' Appeals
    ``(a) In General.--The Secretary shall establish a program for the 
provision of financial assistance (through grant or contract made, to 
the maximum extent feasible) to facilitate the furnishing of legal and 
other assistance, without charge, through programs described in 
subsection (b), to veterans and other persons who are unable to afford 
the cost of legal representation in connection with decisions to which 
section 7104 of this title may apply or with other proceedings of the 
Board of Veterans' Appeals.
    ``(b) Programs Described.--Programs described in this subsection 
are programs that furnish case screening and referral, training and 
education for attorney and related personnel, and encouragement and 
facilitation of pro bono representation by members of the bar and law 
school clinical and other appropriate programs, such as veterans 
service organizations, and through defraying expenses incurred in 
providing representation to persons described in subsection (a).
    ``(c) Legal Services Corporation.--(1) The Secretary shall carry 
out subsection (a) by entering into an interagency agreement with the 
Legal Services Corporation. The agreement shall specify that the 
Corporation shall carry out the financial assistance program described 
in subsection (a).
    ``(2) Grants or contracts awarded under the financial assistance 
program described in subsection (a) shall be made by the Legal Services 
Corporation pursuant to a reimbursable payment from the Secretary in 
accordance with this section.
    ``(3) The Legal Services Corporation may receive a reimbursable 
payment from the Secretary for the purpose of providing the financial 
assistance described in subsection (a).
    ``(d) Limitation on Use of Funds.--No funds appropriated or 
otherwise made available to carry out this section may be used for the 
payment of attorney's fees.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2015 through 2018.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 59, as amended by section 2(b), is further amended by inserting 
after the item relating to section 5906 the following new item:

``5907. Program of financial assistance for support of programs that 
                            furnish legal assistance to veterans 
                            seeking review by Board of Veterans' 
                            Appeals.''.

SEC. 4. EXPEDITED TREATMENT OF UNREASONABLY DELAYED CLAIMS.

    (a) In General.--Section 7112 of title 38, United States Code, is 
amended to read as follows:
``Sec. 7112. Expedited treatment of remanded or unreasonably delayed 
              claims
    ``(a) In General.--The Secretary shall take such actions as may be 
necessary to provide for the expeditious treatment by the Board of any 
claim that--
            ``(1) is remanded to the Secretary by the Court of Appeals 
        for Veterans Claims; or
            ``(2) has been subjected to unreasonable or excessive 
        delay.
    ``(b) Unreasonable or Excessive Delay.--For purposes of this 
section, a claim shall be presumed to have been subjected to 
unreasonable or excessive delay if the claim has been pending before 
the Board for eight years or more.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 71 of such title is amended by striking the item relating to 
section 7112 and inserting the following new item 7112:

``7112. Expedited treatment of remanded or unreasonably delayed 
                            claims.''.

SEC. 5. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF APPEALS OF 
              DECISIONS OF SECRETARY OF VETERANS AFFAIRS REGARDING 
              CLAIMS FOR DISABILITY COMPENSATION.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall--
            (1) complete a review of the processing of appeals of 
        decisions of the Secretary of Veterans Affairs regarding claims 
        for compensation under chapters 11 and 13 of title 38, United 
        States Code; and
            (2) submit to Congress a report on the review completed 
        under paragraph (1).
    (b) Elements.--The review required by subsection (a)(1) shall 
include the following:
            (1) Assessment of the regional offices of the Department of 
        Veterans Affairs, the Board of Veterans' Appeals, and the 
        United States Court of Appeals for Veterans Claims.
            (2) Examination of prolonged delays in processing appeals 
        described in subsection (a)(1) and assessment of whether 
        reviews of such appeals are meeting statutory requirements for 
        timeliness.
            (3) Recommendations for such legislative and administrative 
        action as the Comptroller General considers appropriate to 
        improve the processing of such appeals.
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