IB 
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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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 Appeals Im-
provement Act of 2011’’. 
SEC. 2. WAIVER OF REGIONAL OFFICE JURISDICTION OVER 
INCORPORATION 
OF 
SUPPLEMENTAL 
EVI-
DENCE 
INTO 
PREVIOUSLY 
SUBMITTED 
CLAIMS. 
(a) WAIVER.—Section 7104 of title 38, United States 
Code, is amended by adding at the end the following new 
subsection: 
‘‘(f) If a claimant or the claimant’s representative sub-
mits new evidence in support of a case for which a sub-
stantive appeal has been filed, such evidence shall be sub-
mitted to the Board directly and not to the agency of juris-
diction, unless the claimant or the claimant’s representative 
requests that the evidence be reviewed by the agency of juris-
diction before being submitted to the Board.’’. 
(b) EFFECTIVE DATE.—Subsection (f) of section 7104 
of title 38, United States Code, as added by subsection (a) 
of this section, shall apply with respect to evidence sub-
mitted on or after the date that is 90 days after the date 
of the enactment of this Act. 
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SEC. 3. COMMISSION TO STUDY JUDICIAL REVIEW OF THE 
DETERMINATION OF VETERANS’ BENEFITS. 
(a) ESTABLISHMENT.—There is established a commis-
sion to be known as the ‘‘Veterans Judicial Review Commis-
sion’’ (in this section referred to as the ‘‘Commission’’). 
(b) DUTIES.—The Commission shall— 
(1) evaluate the administrative and judicial ap-
pellate review processes of veterans’ and survivors’ 
benefits determinations; and 
(2) make specific recommendations and offer so-
lutions to improve the accuracy, fairness, trans-
parency, predictability, timeliness, and finality of 
such appellate review processes, including a rec-
ommendation as to whether the Court of Appeals for 
Veterans Claims should have the authority to hear 
class action or associational standing cases. 
(c) MEMBERSHIP.— 
(1) IN GENERAL.—The Commission shall be com-
posed of 13 members appointed as follows: 
(A) Two individuals appointed by the 
Speaker of the House of Representatives. 
(B) Two individuals appointed jointly by 
the President of the Senate and the President pro 
tempore. 
(C) Two individuals appointed by the mi-
nority leader of the House of Representatives. 
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(D) Two individuals appointed by the mi-
nority leader of the Senate. 
(E) Four individuals appointed by the 
President. 
(F) One individual appointed by the Presi-
dent, by and with the advice and consent of the 
Senate, who shall serve as chairperson. 
(2) 
QUALIFICATIONS.—Individuals 
appointed 
under paragraph (1) shall— 
(A) be specially qualified to serve on the 
Commission by virtue of their expert education, 
training, or experience associated with veterans’ 
benefits, judicial review, constitutional law, or 
other areas of expertise pertinent to the duties of 
the Commission; and 
(B) include individuals who— 
(i) are current or retired members of 
the judiciary; 
(ii) are members of the legal or aca-
demic community; or 
(iii) represent— 
(I) veterans service organizations; 
(II) legal service organizations; or 
(III) other affected entities. 
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(3) TERMS.—Each member shall be appointed 
for the life of the Commission. 
(4) VACANCY.—A vacancy in the Commission 
shall be filled in the manner in which the original 
appointment was made. 
(d) MEETINGS.— 
(1) IN GENERAL.—The Commission shall meet at 
the call of the Chairperson or a majority of its mem-
bers. 
(2) QUORUM.—A majority of the Commission 
shall constitute a quorum but a lesser number may 
hold hearings. 
(e) PAY.— 
(1) RATES
OF
PAY.—Except as provided in 
paragraph (2), members shall serve without pay. 
(2) TRAVEL EXPENSE.—Each member shall re-
ceive travel expenses, including per diem in lieu of 
subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United 
States Code. 
(f) STAFF.— 
(1) DIRECTOR.—The Commission shall have a 
director who shall be appointed by the Chairperson. 
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(2) STAFF.—Subject to rules prescribed by the 
Commission, the Chairperson may appoint additional 
personnel as the Chairperson considers appropriate. 
(3) APPLICABILITY OF CERTAIN CIVIL SERVICE 
LAWS.—The director and staff of the Commission 
shall be appointed subject to the provisions of title 5, 
United States Code, governing appointments in the 
competitive service, and shall be paid in accordance 
with the provisions of chapter 51 and subchapter III 
of chapter 53 of that title relating to classification 
and General Schedule pay rates. 
(4) EXPERTS
AND
CONSULTANTS.—Subject to 
rules prescribed by the Commission, the Chairperson 
may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code. 
(5) STAFF TO FEDERAL AGENCIES.—Upon re-
quest of the Chairperson, the head of any Federal de-
partment or agency may detail, on a reimbursable 
basis, any of the personnel of that department or 
agency to the Commission to assist it in carrying out 
its duties under this section. 
(g) POWERS OF COMMISSION.— 
(1) HEARINGS AND SESSIONS.—The Commission 
may, for the purpose of carrying out this Act, hold 
hearings, sit and act at times and places, take testi-
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mony, and receive evidence as the Commission con-
siders appropriate. The Commission may administer 
oaths or affirmations to witnesses appearing before it. 
(2) POWERS OF MEMBERS AND AGENTS.—Any 
member or agent of the Commission may, if author-
ized by the Commission, take any action which the 
Commission is authorized to take by this section. 
(3) OBTAINING OFFICIAL DATA.—The Commis-
sion may secure directly from any department or 
agency of the United States information necessary to 
enable it to carry out this Act. Upon request of the 
Chairperson of the Commission, the head of that de-
partment or agency shall furnish that information to 
the Commission. 
(4) MAILS.—The Commission may use the 
United States mails in the same manner and under 
the same conditions as other departments and agen-
cies of the United States. 
(5) ADMINISTRATIVE SUPPORT SERVICES.—Upon 
the request of the Commission, the Administrator of 
General Services shall provide to the Commission, on 
a reimbursable basis, the administrative support serv-
ices necessary for the Commission to carry out its re-
sponsibilities under this Act. 
(h) REPORTS.— 
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(1) INTERIM REPORT.—Not later than July 1, 
2012, the Commission shall submit to Congress an in-
terim report of the evaluation and recommendations 
made under subsection (b). 
(2) FINAL REPORT.—Not later than December 
31, 2012, the Commission shall submit to Congress a 
final report on the activities of the Commission, in-
cluding— 
(A) specific recommendations and solutions 
proposed by the Commission under subsection 
(b), including a recommendation as to whether 
the Court of Appeals for Veterans Claims should 
have the authority to hear class action or 
associational standing cases; 
(B) relevant background and statistical in-
formation associated with such recommendations 
and solutions; and 
(C) other information the Commission de-
termines appropriate. 
(i) TERMINATION.—The Commission shall terminate 
on the date that is two years after the date on which the 
Commission submits the final report pursuant to section 
(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 
the appeals process of the Department of Vet-
erans Affairs and to establish a commission to 
study judicial review of the determination of vet-
erans’ benefits. 
MAY 20, 2011 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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