November 12, 2019 - Issue: Vol. 165, No. 180 — Daily Edition116th Congress (2019 - 2020) - 1st Session

[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.

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