[Congressional Record Volume 165, Number 180 (Tuesday, November 12, 2019)]
[House]
[Pages H8753-H8755]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VA TELE-HEARING MODERNIZATION ACT
Mr. TAKANO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4771) to amend title 38, United States Code, to permit
appellants to appear in disability compensation cases before the Board
of Veterans' Appeals by picture and voice transmission from locations
other than facilities of the Department of Veterans Affairs, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4771
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SEC. 1. SHORT TITLE.
This Act may be cited as the ``VA Tele-Hearing
Modernization Act''.
SECTION 2. HEARINGS BEFORE THE BOARD OF VETERANS' APPEALS BY
MEANS OF TELECONFERENCE FROM LOCATIONS OTHER
THAN FACILITIES OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Section 7107(c)(2) of title 38, United
States Code, is amended--
(1) in subparagraph (A), by inserting ``or subparagraph (C)
of this paragraph'' after ``subparagraph (B) of such
paragraph'';
(2) in subparagraph (B), by inserting ``or subparagraph (C)
of this paragraph'' after ``subparagraph (A) of such
paragraph''; and
(3) by adding at the end the following new subparagraph
(C):
``(C)(i) Upon notification of a Board hearing under
subparagraph (A) or (B) of paragraph (1), the appellant may
alternatively request a hearing by picture and voice
transmission--
``(I) at a location selected by the appellant; and
``(II) via a secure internet platform established and
maintained by the Secretary that protects sensitive personal
information from a data breach.
``(ii) If an appellant makes a request under clause (i),
the Board shall grant such request.''.
(b) Deadline for Implementation.--The Secretary shall
implement the amendments made by subsection (a) not later
than 180 days after the date of the enactment of this Act.
(c) Reporting.--
(1) Annual reporting requirements.--Section 7101(d)(2) of
such title is amended--
(A) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (F), by striking the period at the
ending and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(G) with respect to hearings scheduled under section
7107(c)(2)(C) of this title--
``(i) the number of hearings scheduled under such section;
``(ii) the number of hearings under such section that were
cancelled; and
``(iii) any statistical difference in outcomes between
cases heard under such section and those held at the
principal location of the Board or by picture and voice
transmission at a facility of the Department.''.
(2) One-time reporting requirements.--The first report
required to be submitted under section 7101(d) of title 38,
United States Code, shall include the following information
with respect to hearings scheduled under subparagraph (C) of
paragraph (2) of subsection (c) of section 7101 of such
title, as added by subsection (a):
(A) An outline of the outreach the Secretary of Veterans
Affairs plans to conduct to inform veterans, families of
veterans, survivors of veterans, veterans service
organizations, military service organizations, congressional
caseworkers, advocates for veterans, and such other
stakeholders as the Secretary considers appropriate about
hearings scheduled under such subparagraph, including--
(i) a description of the resources required to conduct such
outreach;
(ii) a timeline for conducting such outreach; and
(iii) information related to the advantages and potential
technological challenges of conducting hearings under such
subparagraph.
(B) A description of any modifications to the information
technology systems of the Veterans Benefits Administration
and the Board of Veterans' Appeals required to carry out
hearings under such subparagraph, including cost estimates
and a timeline for making such modifications.
(C) A detailed description of the intra-agency partnership
between the Board of Veterans' Appeals and the telehealth
program of the Veterans Health Administration as the Board
conducts hearings under such subparagraph, including best
practices, a risk assessment overview, risk mitigation
efforts, and a plan for ongoing collaboration and information
sharing.
[[Page H8754]]
(d) Collaboration.--In developing the capacity and
procedures to conduct hearings under subparagraph (C) of
paragraph (2) of subsection (c) of section 7101 of title 38,
United States Code, as added by subsection (a), the Secretary
of Veterans Affairs shall collaborate with, partner with, and
give weight to the advice of veterans service organizations
and such other stakeholders as the Secretary considers
appropriate.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Takano) and the gentleman from Tennessee (Mr. David P.
Roe) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. TAKANO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and to insert extraneous material on H.R. 4771, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of H.R. 4771, as amended, introduced
by Mr. Cunningham. I support this legislation that creates an easy
technological fix so veterans can quickly and conveniently attend their
hearings before the Board of Veterans' Appeals.
Applying for disability compensation and benefits through VA can be a
long and confusing ordeal, which is further complicated in the appeals
process. Currently, veterans often face difficulties traveling to VA
regional offices for their Board hearings, difficulties including long
wait times, scheduling challenges, or simply the distance an elderly or
disabled veteran may have to travel.
Madam Speaker, the VA Tele-Hearing Modernization Act permits veterans
to provide testimony before a veterans law judge via video conference
from a location outside of a VA facility. This means a veteran could
testify in support of his or her claim from the comfort of their own
home.
Now, VA told us this piece of legislation could have an especially
positive impact on hearing access for homebound or rural veterans. This
bill ensures veterans have the flexibility to appeal VA's decisions in
a comfortable, accessible location without affecting the security of
their personal information.
The tele-hearing program is modeled after the existing telehealth
program at the Veterans Health Administration and will likely improve
hearing attendance and help veterans receive their benefits. A tele-
hearing pilot program conducted by the Board showed increased
participation in hearings as well as increased efficiency and
timeliness of requested hearings.
Under this bill, VA is required to provide annual reports to Congress
with information about how often the tele-hearing option is used by
veterans and whether those claimants are as likely to have their claims
granted as veterans using the traditional hearing methods. This report
allows Congress to ensure this program is working the way it should.
I thank Representative Cunningham for introducing this bill, and I
support this legislation for the step it takes to simplify the appeals
process for our veterans.
Madam Speaker, I reserve the balance of my time.
Mr. DAVID P. ROE of Tennessee. Madam Speaker, I yield myself such
time as I may consume.
Madam Speaker, I rise today in support of H.R. 4771, as amended, the
Department of Veterans Affairs Tele-Hearing Modernization Act. This
bill would expand the Board of Veterans' Appeals hearing options to
include tele-hearings.
I appreciate my colleagues, Chairman Isakson, Chairman Takano, and
Ranking Member Tester, for working with me on this bill to ensure that
the virtual hearing concept included in this bill represents the input
of all four corners of Congress.
Madam Speaker, we all depend on and use our smartphones for just
about everything we do these days. This legislation would allow
veterans to use their personal device for a VA hearing.
I am happy that we are moving this legislation to make hearings more
accessible to veterans, especially those in rural areas where I live or
for whom travel might be physically challenging.
This bill was amended in committee to include additional reporting
requirements that will help Congress monitor the implementation of this
program. Specifically, the Board would be required to report on its
outreach to veterans and stakeholders on the option for a tele-hearing,
including the advantages and potential technological challenges of a
tele-hearing, the IT modifications needed to conduct tele-hearings, and
the partnership between the Board and the Veterans Health
Administration, VHA, to share lessons learned from their respective
programs since the tele-hearing program is modeled after the telehealth
program that VA uses to increase access to care for veteran patients.
The amended bill would also require VA to collaborate with veteran
service organizations and other stakeholders to ensure that those who
represent veterans at these hearings will have input into how the
program is developed so that it can best meet the needs of
our veterans.
Madam Speaker, this bill has my full support, and I reserve the
balance of my time.
Mr. TAKANO. Madam Speaker, I yield 4 minutes to the gentleman from
South Carolina (Mr. Cunningham), my good friend, member of the Economic
Opportunity Subcommittee, and author of H.R. 4771.
Mr. CUNNINGHAM. Madam Speaker, today I am proud to rise in support of
my bill, the VA Tele-Hearing Modernization Act, which will make it
easier for our Nation's veterans to appeal their claims with the
Department of Veterans Affairs.
Currently, the Board of Veterans' Affairs only conducts tele-hearings
from certain VA locations, meaning veterans have to travel to testify
in support of their claims; and, in many cases, this forces Lowcountry
veterans to drive all the way to Columbia.
My bill offers a commonsense solution to this problem by allowing
veterans to teleconference into these hearings from the comfort of
their own homes using their personal computers.
Further, this legislation will require these hearings to take place
via a secure platform so that veterans do not have to sacrifice the
security of their sensitive personal information to take advantage of
this new process. This change will not only benefit those veterans who
may be otherwise unable to travel for their hearing, but will also help
to expedite the appeals process for veterans across the board.
With veterans given the freedom to participate in their appeals
hearing from a place of their own choosing, no-shows, which add to the
appeals backlog and slow down the process for everyone, will be
significantly reduced, all with no additional cost to taxpayers.
{time} 1645
The VA Tele-Hearing Modernization Act is exemplary of the sorts of
advances that we can make when both parties come together for the sake
of our veterans.
Madam Speaker, I thank Congressman Katko for signing on as an
original cosponsor. I also want to thank Chairman Takano and Ranking
Member Roe for their leadership on the committee and for expediting
this legislation, as well as their staffs for all their hard work.
Madam Speaker, I urge all my colleagues on both sides of the aisle to
join in supporting this legislation for our veterans, who have
sacrificed too much to need to jump through hoops for a fair hearing on
their claims.
Mr. TAKANO. Madam Speaker, I thank the gentleman from South Carolina
(Mr. Cunningham) for his hard work.
I have no further speakers, and I am prepared to close.
Mr. DAVID P. ROE of Tennessee. Madam Speaker, I have no further
speakers. I also am prepared to close.
Madam Speaker, I encourage everyone to support this. This is
obviously, in rural America, how we are going to have access to
healthcare in the future. It absolutely makes sense. This technology is
available to almost everyone.
It makes no sense to make an infirm veteran or other patients go
miles and miles and hours. This just makes sense. We have the
technology to do it today, and I strongly support this and encourage my
colleagues to do the same.
[[Page H8755]]
Madam Speaker, I yield back the balance of my time.
Mr. TAKANO. Madam Speaker, I urge all of my colleagues to join me in
passing this important piece of legislation, H.R. 4771, as amended, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Takano) that the House suspend the rules
and pass the bill, H.R. 4771, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to amend
title 38, United States Code, to permit appellants to appear in cases
before the Board of Veterans' Appeals by picture and voice transmission
from locations other than facilities of the Department of Veterans
Affairs, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________