[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4121 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4121

 To amend title 38, United States Code, to improve the appeals process 
  of the Department of Veterans Affairs, to establish a commission to 
 study judicial review of the determination of veterans' benefits, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2009

   Mr. Hall of New York (for himself, Mr. Bilbray, Mr. Lamborn, Mr. 
Rodriguez, Mrs. Kirkpatrick of Arizona, Mrs. Halvorson, Mr. Donnelly of 
  Indiana, and Mr. Miller of Florida) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to improve the appeals process 
  of the Department of Veterans Affairs, to establish a commission to 
 study judicial review of the determination of veterans' benefits, 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 Appeals Improvement and 
Modernization Act of 2009''.

SEC. 2. WAIVER OF REGIONAL OFFICE JURISDICTION OVER INCORPORATION OF 
              SUPPLEMENTAL EVIDENCE 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 submits new evidence in support of a case for 
which a substantive appeal has been filed, such evidence shall be 
submitted to the Board directly and not to a regional office of the 
Department, unless the claimant requests that the evidence be reviewed 
by the regional office 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 submitted on or after the date that is 
90 days after the date of the enactment of this Act.

SEC. 3. MODIFICATION OF JURISDICTION AND FINALITY OF DECISIONS OF THE 
              COURT OF APPEALS FOR VETERANS CLAIMS.

    (a) Modification.--Subsection (a) of section 7252 of title 38, 
United States Code, is amended--
            (1) by striking the third sentence; and
            (2) by adding at the end the following new sentence: ``The 
        Court shall have power to affirm, modify, reverse, remand, or 
        vacate and remand a decision of the Board after deciding all 
        relevant assignments of error raised by an appellant for each 
        particular claim for benefits. In a case in which the Court 
        reverses a decision on the merits of a particular claim and 
        orders an award of benefits, the Court need not decide any 
        additional assignments of error with respect to that claim.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to a decision of the Board of Veterans' Appeals made 
on or after the date of the enactment of this Act.

SEC. 4. COMMISSION TO STUDY JUDICIAL REVIEW OF THE DETERMINATION OF 
              VETERANS' BENEFITS.

    (a) Establishment.--There is established a commission to be known 
as the ``Veterans Judicial Review Commission'' (in this section 
referred to as the ``Commission'').
    (b) Duties.--The Commission shall--
            (1) evaluate the administrative and judicial appellate 
        review processes of veterans' and survivors' benefits 
        determinations; and
            (2) make specific recommendations and offer solutions to 
        improve the accuracy, fairness, transparency, predictability, 
        timeliness, and finality of such appellate review processes, 
        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.
    (c) Membership.--
            (1) In general.--The Commission shall be composed 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 minority 
                leader of the House of Representatives.
                    (D) Two individuals appointed by the minority 
                leader of the Senate.
                    (E) Four individuals appointed by the President.
                    (F) One individual appointed by the President, 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 academic 
                        community; or
                            (iii) represent--
                                    (I) veterans service organizations;
                                    (II) legal service organizations; 
                                or
                                    (III) other affected entities.
            (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 members.
            (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 receive 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.
            (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 request of the 
        Chairperson, the head of any Federal department 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 testimony, and receive evidence as the 
        Commission considers 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 authorized by the Commission, take any 
        action which the Commission is authorized to take by this 
        section.
            (3) Obtaining official data.--The Commission 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 
        department 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 agencies 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 services necessary for the Commission to 
        carry out its responsibilities under this Act.
    (h) Reports.--
            (1) Interim report.--Not later than July 1, 2010, the 
        Commission shall submit to Congress an interim report of the 
        evaluation and recommendations made under subsection (b).
            (2) Final report.--Not later than December 31, 2010, the 
        Commission shall submit to Congress a final report on the 
        activities of the Commission, including--
                    (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 information 
                associated with such recommendations and solutions; and
                    (C) other information the Commission determines 
                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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