    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-137
    116th Congress

    An Act

    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. <>

    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 ``VA Tele-Hearing Modernization Act''.
    SEC. 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

    [[Page 617]]

    (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.

    (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

    [[Page 618]]

    veterans service organizations and such other stakeholders as the
    Secretary considers appropriate.

    Approved April 10, 2020.

    LEGISLATIVE HISTORY--H.R. 4771:
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    CONGRESSIONAL RECORD:
    Vol. 165 (2019):
    Nov. 12, considered and passed
    House.
    Vol. 166 (2020):
    Mar. 25, considered and passed
    Senate.