[Congressional Record Volume 141, Number 132 (Tuesday, August 8, 1995)]
[Senate]
[Pages S11892-S11893]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        U.S. COURTS LEGISLATION

 Mr. ROCKEFELLER. Mr. President, I am today introducing 
legislation that would provide statutory authorization for a program 
carried out by the Court of Veterans Appeals, pursuant to authority in 
appropriations acts, under which claimants before the court who would 
otherwise seek to prosecute their appeal without legal representation 
receive assistance in gaining such representation. I am pleased to be 
joined in introducing this bill by my good friend and fellow member of 
the Committee on Veterans' Affairs, Senator Akaka.
  Mr. President, the Court of Veterans Appeals pro se program was first 
set up in 1992 pursuant to an authorization in Public Law 102-229, the 
Fiscal Year 1992 Dire Emergency Supplemental Appropriations Act. The 
program has been continued by subsequent appropriations acts, but has 
never been otherwise authorized. The legislation we are introducing 
today would provide statutory authorization, thereby demonstrating the 
value of this program.
  Mr. President, pursuant to the initial authorization in Public Law 
102-229, the court transferred $950,000 to the Legal Services 
Corporation, which in turn made two types of grants in fiscal year 
1993.
  The first grant, a so-called A grant, was given to a consortium-- 
made up of the American Legion, the Disabled American Veterans, the 
National Veterans Legal Services Project, and the Paralyzed Veterans of 
America--for the purposes of evaluating cases brought to the court by 
pro se claimants and recruiting and training volunteer attorneys to 
represent these individuals. The consortium is overseen by an advisory 
committee and has three operational components--one that conducts 
outreach to recruit volunteer attorneys to represent claimants before 
the court; one that provides an educational course for those attorneys 
who agree to represent claimants; and one that evaluates cases and 
assigns them to the volunteer attorneys.
  The second type of grant, the so-called B grants, were given to four 
organizations--the Disabled American Veterans, jointly to the National 
Veterans Legal Services Project and the Paralyzed Veterans of America, 
and Swords to Plowshares--to allow those organizations to expand 
existing programs to provide pro bono legal representation to veterans.
  This structure of the two types of grants continues, and the court 
was authorized in subsequent appropriations acts to transfer $790,000 
in each of fiscal years 1994 and 1995.
  Mr. President, by all accounts, this program has been a significant 
success. In testimony for the Committee on Veterans' Affairs' March 9, 
1995, hearing on the fiscal year 1996 budget for veterans programs, the 
court's chief judge, Frank Q. Nebeker, made the following points about 
the program:

       [F]ully two-thirds of eligible appellants who were pro se 
     when filing appeals in the first two years of the Program's 
     operation received some form of legal assistance. . . . 
     [D]uring these first two years . . . , while only 19% of 
     appellants were represented at the time of filing a notice of 
     appeal to the Court, 42% were represented at case termination 
     as a result of the Program's placement of cases with 
     attorneys. . . . [R]ecruitment of volunteer attorneys has 
     been highly successful. Through the end of calendar year 
     1994, 342 volunteer attorneys have been recruited and are 
     participating in the Program. . . . Nearly 300 attorneys have 
     received training in veterans law, either through the 
     Program's day-long training sessions (261 attorneys) or 
     through video training tapes (37 individuals or law firms). 
     Of the 159 volunteer attorneys who have completed cases, over 
     80% have expressed willingness to take another case, and 51 
     appellants have already received representation by repeat pro 
     bono attorneys. In FY 1994 the Program provided nearly $4.00 
     worth of volunteer-attorney services for every $1.00 of 
     federal money spent on the Program.

  In its annual report for 1994, the program discussed the impact of 
representation on a claimant's chance of success before the court, 
noting that of the 203 decisions made by the court through September 
1994 in cases in which representation was provided through the program, 
nearly 80 percent were settled, reversed, or remanded to the Board of 
Veterans' Appeals. On the other hand, of the 272 pro se cases completed 
by the court where the eligibility requirements for the program were 
not met and pro bono representation not provided, only 14 cases 
resulted in a remand to the Board. Clearly, the opportunity to have 
qualified legal representation is a great benefit to claimants coming 
before the court, and the program has been instrumental in helping 
claimants secure such representation.
  Mr. President, the bill we are introducing would amend chapter 72 of 
title 38, United States Code, the chapter relating to the Court of 
Veterans Appeals, by adding a new section 7287 which would authorize 
the court to provide funds to nonprofit organizations in order to allow 
such organizations to provide funding to appropriate entities to carry 
out a program to assist pro se claimants to secure representation. All 
of the provisions in the proposed new section are derived from the 
language in Public Law 102-229 and are intended to function in the same 
way, with the court having flexibility in how any available funds are 
used to support a program. Of course, in light of how well the existing 
program has functioned, I would anticipate that that effort would 
continue as long as appropriate. However, there is nothing in the 
proposed legislation which would mandate such a result, and I 
anticipate that the court will use whatever funding is provided in 
future appropriations acts in the way that will ensure that the 
greatest number of eligible claimants receive representation.
  Mr. President, I look forward to working with the committee's 
chairman, Senator Simpson, and the other members of the committee on 
this legislation. I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1131

       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 

[[Page S 11893]]
     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.''.
              

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