[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3385-S3386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1861. Mr. REED (for himself and Mr. Tester) submitted an amendment
intended to be proposed by him to the bill S. 4049, to authorize
appropriations for fiscal year 2021 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. __. LEGAL ASSISTANCE FOR VETERANS AND SURVIVING SPOUSES
AND DEPENDENTS.
(a) Availability of Legal Assistance at Facilities of
Department of Veterans Affairs.--
(1) In general.--Chapter 59 of title 38, United States
Code, is amended by adding at the end the following new
section:
``Sec. 5906. Availability of legal assistance at Department
facilities
``(a) In General.--Not less frequently than three times
each year, the Secretary shall facilitate the provision by a
qualified legal assistance clinic of pro bono legal
assistance described in subsection (c) to eligible
individuals at not fewer than one medical center of the
Department of Veterans Affairs, or such other facility of the
Department as the Secretary considers appropriate, in each
State.
``(b) Eligible Individuals.--For purposes of this section,
an eligible individual is--
``(1) any veteran;
``(2) any surviving spouse; or
``(3) any child of a veteran who has died.
``(c) Pro Bono Legal Assistance Described.--The pro bono
legal assistance described in this subsection is the
following:
``(1) Legal assistance with any program administered by the
Secretary.
``(2) Legal assistance associated with--
``(A) improving the status of a military discharge or
characterization of service in the Armed Forces, including
through a discharge review board; or
``(B) seeking a review of a military record before a board
of correction for military or naval records.
``(3) Such other legal assistance as the Secretary--
``(A) considers appropriate; and
``(B) determines may be needed by eligible individuals.
``(d) Limitation on Use of Facilities.--Space in a medical
center or facility designated under subsection (a) shall be
reserved for and may only be used by the following, subject
to review and removal from participation by the Secretary:
``(1) A veterans service organization or other nonprofit
organization.
``(2) A legal assistance clinic associated with an
accredited law school.
``(3) A legal services organization.
``(4) A bar association.
``(5) Such other attorneys and entities as the Secretary
considers appropriate.
``(e) Legal Assistance in Rural Areas.--In carrying out
this section, the Secretary shall ensure that pro bono legal
assistance is provided under subsection (a) in rural areas.
``(f) Definition of Veterans Service Organization.--The
term `veterans service organization' means any organization
recognized by the Secretary for the representation of
veterans under section 5902 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 59 of such title is amended by adding at
the end the following new item:
``5906. Availability of legal assistance at Department facilities.''.
(b) Pilot Program to Establish and Support Legal Assistance
Clinics.--
(1) Pilot program required.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish a pilot program to assess the feasibility and
advisability of awarding grants to eligible entities to
establish new legal assistance clinics, or enhance existing
legal assistance clinics or other pro bono efforts, for the
provision of pro bono legal assistance described in
subsection (c) of section 5906 of title 38, United States
Code, as added by subsection (a), on a year-round basis to
individuals who served in the Armed Forces, including
individuals who served in a reserve component of the Armed
Forces, and who were discharged or released therefrom,
regardless of the conditions of such discharge or release, at
locations other than medical centers and facilities described
in subsection (a) of such section.
(B) Rule of construction.--Nothing in subparagraph (A)
shall be construed to limit or affect--
(i) the provision of pro bono legal assistance to eligible
individuals at medical centers and facilities of the
Department of Veterans Affairs under section 5906(a) of title
38, United States Code, as added by subsection (a); or
(ii) any other legal assistance provided pro bono at
medical centers or facilities of the Department as of the
date of the enactment of this Act.
(2) Eligible entities.--For purposes of the pilot program,
an eligible entity is--
(A) a veterans service organization or other nonprofit
organization specifically focused on assisting veterans;
(B) an entity specifically focused on assisting veterans
and associated with an accredited law school;
(C) a legal services organization or bar association; or
(D) such other type of entity as the Secretary considers
appropriate for purposes of the pilot program.
(3) Locations.--The Secretary shall ensure that at least
one grant is awarded under paragraph (1)(A) to at least one
eligible entity in each State, if the Secretary determines
that there is such an entity in a State that has applied for,
and meets requirements for the award of, such a grant.
(4) Duration.--The Secretary shall carry out the pilot
program during the five-year period beginning on the date on
which the Secretary establishes the pilot program.
(5) Application.--An eligible entity seeking a grant under
the pilot program shall submit to the Secretary an
application therefor at such time, in such manner, and
containing such information as the Secretary may require.
(6) Selection.--The Secretary shall select eligible
entities who submit applications under paragraph (5) for the
award of grants under the pilot program using a competitive
process that takes into account the following:
(A) Capacity of the applicant entity to serve veterans and
ability of the entity to provide sound legal advice.
(B) Demonstrated need of the veteran population the
applicant entity would serve.
(C) Demonstrated need of the applicant entity for
assistance from the grants.
(D) Geographic diversity of applicant entities.
(E) Such other criteria as the Secretary considers
appropriate.
(7) Grantee reports.--Each recipient of a grant under the
pilot program shall, in accordance with such criteria as the
Secretary may establish, submit to the Secretary a report on
the activities of the recipient and how the grant amounts
were used.
(c) Review of Pro Bono Eligibility of Federal Workers.--
(1) In general.--The Secretary shall, in consultation with
the Attorney General and the Director of the Office of
Government Ethics, conduct a review of the rules and
regulations governing the circumstances under which attorneys
employed by the Federal Government can provide pro bono legal
assistance.
(2) Recommendations.--In conducting the review required by
paragraph (1), the Secretary shall develop recommendations
for such legislative or administrative action as the
Secretary considers appropriate to facilitate greater
participation by Federal employees in pro bono legal and
other volunteer services for veterans.
(3) Submittal to congress.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress--
(A) the findings of the Secretary with respect to the
review conducted under paragraph (1); and
(B) the recommendations developed by the Secretary under
paragraph (2).
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report on the status of
the implementation of this section.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
[[Page S3386]]
(A) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by
the Secretary for the representation of veterans under
section 5902 of title 38, United States Code.
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