I
107TH CONGRESS
2D SESSION
H. R. 4018
To amend title 38, United States Code, to make improvements in judicial
review of administrative decisions of the Department of Veterans Affairs.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 2002
Mr. EVANS (for himself, Mr. REYES, Mr. GUTIERREZ, Ms. BROWN of Florida,
Ms. BERKLEY, Mr. LYNCH, Mr. UDALL of New Mexico, Mr. PASCRELL,
and Ms. CARSON of Indiana) introduced the following bill; which was re-
ferred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to make improve-
ments in judicial review of administrative decisions of
the Department of Veterans Affairs.
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 ‘‘Veterans Judicial Re-
view Improvement Act of 2002’’.
SEC. 2. STANDARD FOR REVERSAL OF ERRONEOUS FIND-
INGS OF FACT.
(a) CHANGE TO ‘‘CLEARLY ERRONEOUS’’ STAND-
ARD.—Section 7261 of title 38, United States Code, is
amended—
(1) in subsection (a)(4)—
(A) by inserting ‘‘adverse to a claimant’’
after ‘‘material fact’’; and
(B) by striking ‘‘is clearly erroneous’’ and
inserting ‘‘is not supported by a preponderance
of the evidence’’; and
(2) by striking subsection (b) and inserting the
following:
‘‘(b) In making the determinations under subsection
(a), the Court shall review the record of proceedings before
the Secretary and the Board, as provided for in section
5107(b) and section 7252(b) of this title.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to any action
brought under chapter 72 of title 38, United States Code,
that is not final under section 7291 of such title as of
after the date of the enactment of this Act.
SEC. 3. JURISDICTION OF COURT OF APPEALS FOR VET-
ERANS CLAIMS.
Section 7252 of title 38, United States Code, is
amended—
(1) in subsection (b), by inserting ‘‘under sub-
section (a)’’ in the second sentence after ‘‘The ex-
tent of the review’’;
(2) by redesignating subsection (c) as sub-
section (d); and
(3) by inserting after subsection (b) the fol-
lowing new subsection (c):
‘‘(c) If the Court determines that the Secretary has
unlawfully withheld or unreasonably delayed action on a
claim or has failed to plead or otherwise defend in accord-
ance with the rules of the Court, the Court may enter a
default judgment against the Secretary. A default judg-
ment may not be entered against the Secretary unless the
Secretary has been provided notice of such a proposed
judgment and the Court finds that the claim or right to
relief has been established.’’.
SEC. 4. JURISDICTION OF COURT OF APPEALS FOR THE
FEDERAL CIRCUIT TO REVIEW DECISIONS OF
THE COURT OF APPEALS FOR VETERANS
CLAIMS.
(a) EXPANSION OF JURISDICTION.—Section 7292 of
title 38, United States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ after ‘‘review of the
decision’’; and
(B) by inserting before the period at the
end of the first sentence the following: ‘‘, or (2)
with respect to any question of law, or of an ap-
plication of the law to the facts, that was relied
on by the Court in making the decision’’
(2) in subsection (d)(2)—
(A) by striking ‘‘(A)’’; and
(B) by striking ‘‘, or (B)’’ and all that fol-
lows through ‘‘particular case’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to any case for
which an appeal is filed with the United States Court of
Appeals for the Federal Circuit on or after the date of
the enactment of this Act or for which an appeal was filed
with that court before such date and which is not final
under section 7291 of title 38, United States Code, as of
that date.
SEC. 5. CODIFICATION OF REQUIREMENT FOR EXPEDI-
TIOUS TREATMENT OF CASES ON REMAND.
(a) CASES REMANDED BY BOARD OF VETERANS’ AP-
PEALS.—(1) Chapter 51 of title 38, United States Code,
is amended by adding at the end of subchapter I the fol-
lowing new section: