I don't believe this was run through
committee, but nonetheless, we endorsed
it through them anyway and have entered
our request for the House to come
up with their own Reply Bill.
We are looking for any movement
at all on this right now between the
House and Senate and hope to get it
to a floor vote before the end of
session.

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Veterans Advocacy Act of 2007 (Introduced in Senate)

S 1569 IS


110th CONGRESS

1st Session

S. 1569
To establish a pilot program on the provision of legal services to assist veterans and members of the Armed Forces receive health care, benefits and services, and for other purposes.


IN THE SENATE OF THE UNITED STATES

June 7, 2007
Mr. FEINGOLD introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs


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A BILL

To establish a pilot program on the provision of legal services to assist veterans and members of the Armed Forces receive health care, benefits and services, 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 `Veterans Advocacy Act of 2007'.

SEC. 2. PILOT PROGRAM ON PROVISION OF LEGAL ASSISTANCE TO ASSIST VETERANS AND MEMBERS OF THE ARMED FORCES RECEIVE HEALTH CARE, BENEFITS, AND SERVICES.

(a) Pilot Program Required-

(1) IN GENERAL- The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of utilizing eligible entities to provide legal services to assist veterans and members of the Armed Forces in applying for and receiving health care, benefits, and services.

(2) CONSULTATION- The Secretary of Veterans Affairs shall carry out the pilot program in consultation with the Secretary of Defense.

(b) Grants-

(1) IN GENERAL- The Secretary of Veterans Affairs shall carry out the pilot program through the award of grants to eligible entities selected by the panel established in accordance with subsection (d)(1) for--

(A) the provision of legal services at no cost to members of the Armed Forces and veterans as described in subsection (a)(1); or

(B) the provision of legal training to attorneys of eligible entities on the health and benefits programs of the Department of Defense and the Department of Veterans Affairs to facilitate the provision of legal services described in subsection (a)(1).

(2) AWARDING GRANTS- Grants under this subsection shall be awarded to eligible entities selected pursuant to subsection (d) not later than 180 days after the date of the enactment of this Act.

(3) NUMBER OF GRANTS-

(A) IN GENERAL- The Secretary shall award 10 grants under the pilot program.

(B) STATE-DESIGNATED PROTECTION AND ADVOCACY SYSTEMS- Not less than five of the grants awarded under the pilot program shall be awarded to State-designated protection and advocacy systems.

(4) GRANT AMOUNT- The amount of each grant awarded under the pilot program shall be determined by the selection panel described in subsection (d)(1), except that each such grant may not be awarded in an amount that--

(A) exceeds $100,000; or

(B) is less than $25,000.

(5) DURATION- The duration of any grant awarded under the pilot program may not exceed one year.

(6) AVOIDANCE OF FRIVOLOUS BENEFIT CLAIMS- An eligible entity that receives a grant under this subsection shall make reasonable efforts to avoid representing veterans and members of the Armed Forces with respect to frivolous benefits claims.

(c) Eligible Entities- For purposes of this subsection, an eligible entity is any entity or organization, including a State-designated protection and advocacy systems, that--

(1) is not part of the Department of Veterans Affairs or the Department of Defense; and

(2) provides legal services by licensed attorneys with experience assisting veterans, members of the Armed Forces, or persons with disabilities.

(d) Selection of Grant Recipients-

(1) SELECTION BY PANEL-

(A) IN GENERAL- Each application submitted under paragraph (2) shall be evaluated by a panel appointed by the Secretary for purposes of the pilot program. The panel shall select eligible entities for receipt of grants under subsection (b) from among the applications so evaluated.

(B) MEMBERSHIP OF PANEL- Members of the panel shall be appointed in equal numbers from among individuals as follows:

(i) Officers and employees of the Department of Veterans Affairs.

(ii) With the approval of the Secretary of Defense, officers and employees of the Department of Defense.

(iii) Representatives of veterans service organizations.

(iv) Representatives of organizations that provide services to members of the Armed Forces.

(v) Attorneys that represent veterans.

(vi) Attorneys employed by a State-designated protection and advocacy system.

(2) APPLICATION- An eligible entity seeking a grant under the pilot program shall submit to the Secretary of Veterans Affairs an application therefor in such form and in such manner as the Secretary considers appropriate.

(3) ELEMENTS- Each application submitted under paragraph (2) shall include the following:

(A) In the case of an eligible entity applying for a grant under subsection (b)(1)(A), the following:

(i) A description of the population of members of the Armed Forces and veterans to be provided assistance.

(ii) A description of the outreach to be conducted by the eligible entity concerned to notify members of the Armed Forces and veterans of the availability of such assistance.

(B) In the case of an eligible entity applying for a grant under subsection (b)(1)(B), the following:

(i) A description of the population of attorneys to be provided training.

(ii) A description of the outreach to be conducted by the eligible entity concerned to notify attorneys of the availability of such training.

(C) In the case of an eligible entity applying for a grant under subparagraphs (A) and (B) of subsection (b)(1), the elements described in subparagraphs (A) and (B) of this paragraph.

(e) Report- Not later than one year after the date described in subsection (b)(2), the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program required by subsection (a), including the following:

(1) The number of veterans and members of the Armed Forces that received assistance or services from such pilot program.

(2) A description of the assistance and services provided as part of such pilot program.

(f) Definitions- In this section:

(1) STATE-DESIGNATED PROTECTION AND ADVOCACY SYSTEM- The term `State-designated protection and advocacy system' means a system established in a State to protect the legal and human rights of individuals with developmental disabilities in accordance with subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).

(2) VETERANS SERVICE ORGANIZATION- The term `veterans service organization' means any organization organized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.

(g) Funding- Of amounts appropriated for `Defense Health Program' in the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28), $1,000,000 shall be available for fiscal year 2008 to carry out the provisions of this section and not for the purposes for which appropriated by such Act. Any amount made available by this subsection shall remain available without fiscal year limitation.

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End of Bill text

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