I 
113TH CONGRESS 
2D SESSION 
H. R. 5088 
To amend title 38, United States Code, to establish procedures for class 
actions at the Court of Appeals for Veterans Claims, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2014 
Mr. MURPHY of Florida (for himself and Mr. JOLLY) introduced the following 
bill; which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to establish proce-
dures for class actions at the Court of Appeals for Vet-
erans Claims, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Responsive and Effi-
cient Appeals Courts for Heroes Act of 2014’’. 
SEC. 2. CLASS ACTIONS BEFORE COURT OF APPEALS FOR 
VETERANS CLAIMS. 
(a) AUTHORITY FOR COURT OF APPEALS FOR VET-
ERANS CLAIMS TO HEAR CLASS ACTIONS.—Subchapter 
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II of chapter 72 of title 38, United States Code, is amend-
ed by adding at the end the following new section: 
‘‘§ 7270. Class actions 
‘‘(a) IN GENERAL.—The Court, acting as a panel or 
en banc, may hear class action appeals in accordance with 
this section. 
‘‘(b) PREREQUISITES.—One or more appellants may 
bring an action under this chapter as the representative 
party of a class on behalf of all members of the class only 
if the following criteria are met: 
‘‘(1) There is at least one question of law or 
fact common to the class. 
‘‘(2) The class is likely to consist of at least 50 
members. 
‘‘(3) The resolution of the common questions of 
law or fact is likely to have a material effect on the 
claims of the members of the class (including with 
respect to the process by which such claims are ad-
judicated). 
‘‘(4) The representative party will fairly and 
adequately protect the interests of the class. 
‘‘(c) CERTIFICATION PROCEDURE.—(1) Not later 
than 60 days after the date on which an appellant has 
filed an appeal, the appellant may file a motion with the 
Court to certify the appeal as a class action with respect 
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to an issue that the appellant intends to raise on appeal. 
Such motion shall address the prerequisites under sub-
section (b), including by defining the class described in 
paragraph (2) of such subsection. The Court may waive 
such 60-day period for good cause shown, including with 
respect to instances where the appellant determined the 
appropriateness of the class action procedure as a result 
of the pleadings filed in the appeal after the filling of the 
notice of appeal. 
‘‘(2)(A) Upon the filing of a motion under paragraph 
(1), the Secretary shall— 
‘‘(i) make reasonable efforts to determine the 
approximate number of individuals with pending 
claims for benefits for whom class certification is 
sought under such motion; and 
‘‘(ii) file a response to such motion that— 
‘‘(I) includes the approximate number of 
individuals determined under subparagraph (A), 
including the efforts made by the Secretary to 
carry out such subparagraph (A); and 
‘‘(II) addresses the prerequisites under 
subsection (b). 
‘‘(B) The appellant may file a response to the re-
sponse of the Secretary under subparagraph (A). 
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‘‘(3) At an early practicable time after an appellant 
has filed a motion under paragraph (1) to certify the ap-
peal as a class action and the Secretary has filed a re-
sponse under paragraph (2)(A), the Court, acting as a 
panel or en banc, shall determine by order whether to 
grant class certification with respect to an issue consid-
ered under the appeal and allow the appellant to act as 
the representative party of the class. Such order shall— 
‘‘(A) address the prerequisites under subsection 
(b); and 
‘‘(B) if such class certification is granted under 
the order— 
‘‘(i) define, with specificity, the class and 
issue for which the class is certified; and 
‘‘(ii) appoint counsel for the class under 
subsection (e). 
‘‘(4) The Court, acting as a panel or en banc, may 
alter or amend an order issued under this section before 
final judgment as justice so requires. 
‘‘(5) An order granting class action under paragraph 
(3) shall direct the Secretary to notify members of the 
class who are reasonably identifiable in a form the Court 
determines practicable. Such notice shall state clearly, 
concisely, and in plain language— 
‘‘(A) a definition of the class certified; 
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‘‘(B) a statement of the common questions of 
law or fact that will be subject to resolution by the 
Court on a class basis; 
‘‘(C) that a member of the class may enter an 
appearance through an attorney or nonattorney 
practitioner if the member so desires but such action 
is not necessary; 
‘‘(D) any other matters the Court determines 
appropriate. 
‘‘(6) In determining the class under paragraph (3), 
the Court may only include individuals who have, as of 
the date of the entry of judgment of the Court on the 
class action, filed a claim and such claim has not been 
finally resolved, including any appeals from a denial of 
such claim. 
‘‘(7) Any judgment in a class action (whether favor-
able or unfavorable to the class) shall include a description 
of the issue decided, the resolution of the issue, and the 
individual to whom notice of the certification of the action 
was directed. 
‘‘(d) CONDUCT OF APPEAL.—(1) In hearing a class 
action, the Court may issue such orders as are necessary 
for the efficient and fair resolution of the action, including 
with respect to— 
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‘‘(A) the determination of the manner in which 
proceedings will be conducted in order to advance 
the resolution of the common questions of law or 
fact; 
‘‘(B) whether additional notices should be made 
to members of the class concerning the status of the 
appeal or any other matter the Court determines ap-
propriate; 
‘‘(C) whether the individual claims of members 
of the class should be stayed pursuant to paragraph 
(2) or any other orders the Court determines appro-
priate with respect to the maintenance of such indi-
viduals claims; and 
‘‘(D) any other matter the Court determines 
appropriate. 
‘‘(2) The Court may stay, in whole or in part, the 
individual claims of members of the class, including on a 
case-by-case basis, during the period in which the Court 
is considering the class action. In determining whether to 
issue such a stay, the Court shall consider— 
‘‘(A) the views of the parties; 
‘‘(B) whether issuance of such a stay would be 
likely to decrease the time that members of the 
class, the representatives of the class, and the Sec-
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retary would have to expend on the individual claims 
subject to the stay; and 
‘‘(C) whether such a stay is in the interests of 
justice in order to preserve the right of the members 
of the class to benefit from a favorable resolution of 
the common questions of law or fact by eliminating 
the possibility that individual claims would be finally 
denied during the pendency of the class action. 
‘‘(e) CLASS COUNSEL.—(1) If the Court certifies a 
class action, the Court shall appoint counsel to represent 
the members of the class. Regardless of the number of 
applicants to serve as such a class counsel, in appointing 
such class counsel, the Court shall consider the following 
matters: 
‘‘(A) The work counsel has done in identifying 
and preparing for adjudication of the common ques-
tions of law or fact of the class action. 
‘‘(B) The experience of counsel in and knowl-
edge of the law concerning benefits administered 
under this title. 
‘‘(C) The general experience of counsel in ap-
pellate litigation. 
‘‘(D) The record of the counsel for profes-
sionalism. 
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‘‘(E) The resources that counsel will commit to 
representing the class. 
‘‘(F) If an attorney, whether the counsel is a 
member of a bar of a State in good standing. 
‘‘(G) Such other factors pertinent to the ability 
of counsel to fairly and adequately represent the in-
terests of the class. 
‘‘(2) The Court may appoint an interim class counsel 
if the Court determines such appointment necessary to 
protect the interests of the class during the period pre-
ceding an appointment under paragraph (1). 
‘‘(3) Class counsel appointed under paragraph (1) or 
(2), and co-counsel appointed under paragraph (4), shall 
fairly and adequately represent the interests of the class 
at all times. 
‘‘(4) If the Court determines that there is more than 
one applicant who is qualified under paragraph (1) to 
serve as class counsel, the Court shall appoint the counsel 
whom the Court determines is best able to represent the 
interests of the class. Counsel appointed under this sub-
section may be counsel to an organization permitted to 
intervene under subsection (f) if such counsel meets the 
requirements of paragraph (1). 
‘‘(f) INTERVENTION.—An organization named in or 
approved under section 5902 of this title may seek leave 
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to intervene in a class action appeal. Such organization 
may seek to intervene during the period beginning on the 
date on which the motion is filed under paragraph (1) of 
subsection (b) and ending on the date that is 60 days after 
the date on which the Court grants class certification 
under paragraph (3) of such section. The Court shall 
grant intervention if the organization has an interest in 
the common questions of law or fact in the class action 
but may limit the intervention to specific matters deter-
mined appropriate by the Court. The Court may issue 
such other orders concerning the conduct of an intervenor 
as the Court determines necessary for the fair and effi-
cient resolution of the class action. 
‘‘(g) SETTLEMENT, VOLUNTARY DISMISSAL, COM-
PROMISE, OR AGREED UPON REMAND.—The appeal of the 
appellant and a common issue of law or fact in a class 
action may be settled, voluntarily dismissed, compromised, 
or remanded by agreement only with the permission of the 
Court. The following procedures apply to a proposed set-
tlement, voluntary dismissal, compromise, or agreed upon 
remand: 
‘‘(1) The Court shall direct notice to all mem-
bers of the class who are reasonably identifiable and 
would be bound or affected by the proposal to settle, 
dismiss, compromise, or remand the matter. 
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‘‘(2) If the proposal to settle, dismiss, com-
promise, or remand the matter would bind a member 
of the class, the Court may approve such proposal 
only after a hearing, for which notice is provided to 
the class, and on findings that such proposal is fair, 
reasonable, and adequate. 
‘‘(3) The parties seeing approval of a proposal 
to settle, dismiss, compromise, or remand the matter 
shall file a statement with the Court identifying any 
agreement made in connection with such proposal. 
‘‘(4) Any member of the class may object to the 
proposal to settle, dismiss, compromise, or remand 
the matter under any reasonable means the Court 
establishes for such objections and such objection 
may only be withdrawn with the permission of the 
Court. 
‘‘(h) ATTORNEYS’ FEES AND COSTS.—Counsel ap-
pointed under subsection (e) to represent the class, and 
counsel for an intervenor under subsection (f), may seek 
an award of fees and costs under section 2412 of title 28. 
Nothing in this section shall affect any right of initial 
counsel for the representative party from also seeking an 
award of fees under such section. 
‘‘(i) APPEALS.—Any member of the class, or indi-
vidual who would be a member of the class if class certifi-
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cation was granted under subsection (c)(3), may appeal 
any decision of the Court issued under this section, includ-
ing an order granting or denying class certification, under 
the terms set forth in section 7292 of this title. The 
United States Court of Appeals for the Federal Circuit 
shall have exclusive jurisdiction to review and decide any 
such appeal and the provisions of subsections (d)(1) and 
(e) of section 7292 of this title shall be applicable to such 
appeal.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 7269 the following new 
item: 
‘‘7270. Class actions.’’. 
SEC. 3. SALARY OF JUDGES OF COURT OF APPEALS FOR 
VETERANS CLAIMS. 
Section 7253(e) of title 38, United States Code, is 
amended by striking ‘‘district courts’’ and inserting 
‘‘courts of appeals’’. 
Æ 
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