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Union Calendar No. 44 

112TH CONGRESS 

1ST SESSION H. R. 1484 

[Report No. 112–83] 

To amend title 38, United States Code, to improve the appeals process 

of the Department of Veterans Affairs and to establish a commission 

to study judicial review of the determination of veterans’ benefits. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2011 

Mr. FILNER introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

MAY 20, 2011 

Additional sponsor: Mr. MICHAUD

MAY 20, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 12, 2011] 

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A BILL 

To amend title 38, United States Code, to improve the 

appeals process of the Department of Veterans Affairs 

and to establish a commission to study judicial review 

of the determination of veterans’ benefits. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Appeals Im5 provement Act of 2011’’. 

6 SEC. 2. WAIVER OF REGIONAL OFFICE JURISDICTION OVER 

7 INCORPORATION OF SUPPLEMENTAL EVI8 DENCE INTO PREVIOUSLY SUBMITTED 

9 CLAIMS. 

10 (a) WAIVER.—Section 7104 of title 38, United States 

11 Code, is amended by adding at the end the following new 

12 subsection: 

13 ‘‘(f) If a claimant or the claimant’s representative sub14 mits new evidence in support of a case for which a sub15 stantive appeal has been filed, such evidence shall be sub16 mitted to the Board directly and not to the agency of juris17 diction, unless the claimant or the claimant’s representative 

18 requests that the evidence be reviewed by the agency of juris19 diction before being submitted to the Board.’’. 

20 (b) EFFECTIVE DATE.—Subsection (f) of section 7104 

21 of title 38, United States Code, as added by subsection (a) 

22 of this section, shall apply with respect to evidence sub23 mitted on or after the date that is 90 days after the date 

24 of the enactment of this Act. 

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1 SEC. 3. COMMISSION TO STUDY JUDICIAL REVIEW OF THE 

2 DETERMINATION OF VETERANS’ BENEFITS. 

3 (a) ESTABLISHMENT.—There is established a commis4 sion to be known as the ‘‘Veterans Judicial Review Commis5 sion’’ (in this section referred to as the ‘‘Commission’’). 

6 (b) DUTIES.—The Commission shall— 

7 (1) evaluate the administrative and judicial ap8 pellate review processes of veterans’ and survivors’ 

9 benefits determinations; and 

10 (2) make specific recommendations and offer so11 lutions to improve the accuracy, fairness, trans12 parency, predictability, timeliness, and finality of 

13 such appellate review processes, including a rec14 ommendation as to whether the Court of Appeals for 

15 Veterans Claims should have the authority to hear 

16 class action or associational standing cases. 

17 (c) MEMBERSHIP.— 

18 (1) IN GENERAL.—The Commission shall be com19 posed of 13 members appointed as follows: 

20 (A) Two individuals appointed by the 

21 Speaker of the House of Representatives. 

22 (B) Two individuals appointed jointly by 

23 the President of the Senate and the President pro 

24 tempore. 

25 (C) Two individuals appointed by the mi26 nority leader of the House of Representatives. 

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1 (D) Two individuals appointed by the mi2 nority leader of the Senate. 

3 (E) Four individuals appointed by the 

4 President. 

5 (F) One individual appointed by the Presi6 dent, by and with the advice and consent of the 

7 Senate, who shall serve as chairperson. 

8 (2) QUALIFICATIONS.—Individuals appointed 

9 under paragraph (1) shall— 

10 (A) be specially qualified to serve on the 

11 Commission by virtue of their expert education, 

12 training, or experience associated with veterans’ 

13 benefits, judicial review, constitutional law, or 

14 other areas of expertise pertinent to the duties of 

15 the Commission; and 

16 (B) include individuals who— 

17 (i) are current or retired members of 

18 the judiciary; 

19 (ii) are members of the legal or aca20 demic community; or 

21 (iii) represent— 

22 (I) veterans service organizations; 

23 (II) legal service organizations; or 

24 (III) other affected entities. 

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1 (3) TERMS.—Each member shall be appointed 

2 for the life of the Commission. 

3 (4) VACANCY.—A vacancy in the Commission 

4 shall be filled in the manner in which the original 

5 appointment was made. 

6 (d) MEETINGS.— 

7 (1) IN GENERAL.—The Commission shall meet at 

8 the call of the Chairperson or a majority of its mem9 bers. 

10 (2) QUORUM.—A majority of the Commission 

11 shall constitute a quorum but a lesser number may 

12 hold hearings. 

13 (e) PAY.— 

14 (1) RATES OF PAY.—Except as provided in 

15 paragraph (2), members shall serve without pay. 

16 (2) TRAVEL EXPENSE.—Each member shall re17 ceive travel expenses, including per diem in lieu of 

18 subsistence, in accordance with applicable provisions 

19 under subchapter I of chapter 57 of title 5, United 

20 States Code. 

21 (f) STAFF.— 

22 (1) DIRECTOR.—The Commission shall have a 

23 director who shall be appointed by the Chairperson. 

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1 (2) STAFF.—Subject to rules prescribed by the 

2 Commission, the Chairperson may appoint additional 

3 personnel as the Chairperson considers appropriate. 

4 (3) APPLICABILITY OF CERTAIN CIVIL SERVICE

5 LAWS.—The director and staff of the Commission 

6 shall be appointed subject to the provisions of title 5, 

7 United States Code, governing appointments in the 

8 competitive service, and shall be paid in accordance 

9 with the provisions of chapter 51 and subchapter III 

10 of chapter 53 of that title relating to classification 

11 and General Schedule pay rates. 

12 (4) EXPERTS AND CONSULTANTS.—Subject to 

13 rules prescribed by the Commission, the Chairperson 

14 may procure temporary and intermittent services 

15 under section 3109(b) of title 5, United States Code. 

16 (5) STAFF TO FEDERAL AGENCIES.—Upon re17 quest of the Chairperson, the head of any Federal de18 partment or agency may detail, on a reimbursable 

19 basis, any of the personnel of that department or 

20 agency to the Commission to assist it in carrying out 

21 its duties under this section. 

22 (g) POWERS OF COMMISSION.— 

23 (1) HEARINGS AND SESSIONS.—The Commission 

24 may, for the purpose of carrying out this Act, hold 

25 hearings, sit and act at times and places, take testimstockstill on DSK4VPTVN1PROD with BILLS

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1 mony, and receive evidence as the Commission con2 siders appropriate. The Commission may administer 

3 oaths or affirmations to witnesses appearing before it. 

4 (2) POWERS OF MEMBERS AND AGENTS.—Any 

5 member or agent of the Commission may, if author6 ized by the Commission, take any action which the 

7 Commission is authorized to take by this section. 

8 (3) OBTAINING OFFICIAL DATA.—The Commis9 sion may secure directly from any department or 

10 agency of the United States information necessary to 

11 enable it to carry out this Act. Upon request of the 

12 Chairperson of the Commission, the head of that de13 partment or agency shall furnish that information to 

14 the Commission. 

15 (4) MAILS.—The Commission may use the 

16 United States mails in the same manner and under 

17 the same conditions as other departments and agen18 cies of the United States. 

19 (5) ADMINISTRATIVE SUPPORT SERVICES.—Upon 

20 the request of the Commission, the Administrator of 

21 General Services shall provide to the Commission, on 

22 a reimbursable basis, the administrative support serv23 ices necessary for the Commission to carry out its re24 sponsibilities under this Act. 

25 (h) REPORTS.— 

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1 (1) INTERIM REPORT.—Not later than July 1, 

2 2012, the Commission shall submit to Congress an in3 terim report of the evaluation and recommendations 

4 made under subsection (b). 

5 (2) FINAL REPORT.—Not later than December 

6 31, 2012, the Commission shall submit to Congress a 

7 final report on the activities of the Commission, in8 cluding— 

9 (A) specific recommendations and solutions 

10 proposed by the Commission under subsection 

11 (b), including a recommendation as to whether 

12 the Court of Appeals for Veterans Claims should 

13 have the authority to hear class action or 

14 associational standing cases; 

15 (B) relevant background and statistical in16 formation associated with such recommendations 

17 and solutions; and 

18 (C) other information the Commission de19 termines appropriate. 

20 (i) TERMINATION.—The Commission shall terminate 

21 on the date that is two years after the date on which the 

22 Commission submits the final report pursuant to section 

23 (h)(2). 

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Union Calendar No. 44 

112TH CONGRESS 

1ST SESSION H. R. 1484 

[Report No. 112–83] 

A BILL 

To amend title 38, United States Code, to improve 

erans’ benefits. study judicial review of the determination of veterans Affairs and to establish a commission to the appeals process of the Department of VetMAY 20, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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