PUBLIC LAW 116–137—APR. 10, 2020 VA TELE-HEARING MODERNIZATION ACT VerDate Sep 11 2014 06:50 Apr 14, 2020 Jkt 099139 PO 00137 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL137.116 PUBL137 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 616 PUBLIC LAW 116–137—APR. 10, 2020 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 para- graph’’; (2) in subparagraph (B), by inserting ‘‘or subparagraph (C) of this paragraph’’ after ‘‘subparagraph (A) of such para- graph’’; 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 main- tained 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 38 USC 7107 note. VA Tele-Hearing Modernization Act. 38 USC 101 note. Apr. 10, 2020 [H.R. 4771] VerDate Sep 11 2014 06:50 Apr 14, 2020 Jkt 099139 PO 00137 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL137.116 PUBL137 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 617 PUBLIC LAW 116–137—APR. 10, 2020 (C) by adding at the end the following new subpara- graph: ‘‘(G) with respect to hearings scheduled under section 7107(c)(2)(C) of this title— ‘‘(i) the number of hearings scheduled under such sec- tion; ‘‘(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 prin- cipal location of the Board or by picture and voice trans- mission 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 organiza- tions, military service organizations, congressional case- workers, advocates for veterans, and such other stake- holders as the Secretary considers appropriate about hearings scheduled under such subparagraph, including— (i) a description of the resources required to con- duct 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 informa- tion technology systems of the Veterans Benefits Adminis- tration and the Board of Veterans’ Appeals required to carry out hearings under such subparagraph, including cost estimates and a timeline for making such modifica- tions. (C) A detailed description of the intra-agency partner- ship between the Board of Veterans’ Appeals and the tele- health 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 Procedures. 38 USC 7101 note. Assessment. Plan. Cost estimates. Timeline. Timeline. 38 USC 7101 note. VerDate Sep 11 2014 06:50 Apr 14, 2020 Jkt 099139 PO 00137 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL137.116 PUBL137 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 618 PUBLIC LAW 116–137—APR. 10, 2020 LEGISLATIVE HISTORY—H.R. 4771: CONGRESSIONAL RECORD: Vol. 165 (2019): Nov. 12, considered and passed House. Vol. 166 (2020): Mar. 25, considered and passed Senate. Æ veterans service organizations and such other stakeholders as the Secretary considers appropriate. Approved April 10, 2020. VerDate Sep 11 2014 06:50 Apr 14, 2020 Jkt 099139 PO 00137 Frm 00004 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL137.116 PUBL137 dkrause on LAP5T8D0R2PROD with PUBLAWS