[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1172 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1172

To amend title 38, United States Code, to improve the efficiency of the 
 appeals process under the United States Court of Appeals for Veterans 
 Claims by improving staff conferences directed by such Court, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2011

   Mr. Pryor introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to improve the efficiency of the 
 appeals process under the United States Court of Appeals for Veterans 
 Claims by improving staff conferences directed by such Court, 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. IMPROVEMENTS TO STAFF CONFERENCES DIRECTED BY UNITED STATES 
              COURT OF APPEALS FOR VETERANS CLAIMS.

    (a) In General.--Subchapter II of chapter 72 of title 38, United 
States Code, is amended by inserting after section 7264 the following 
new section:
``Sec. 7264A. Staff conferences
    ``(a) Filing of Report Describing Basis for Opposition by Secretary 
to Remand.--If the Court of Appeals for Veterans Claims directs the 
representatives and self-represented parties to participate in a staff 
conference pursuant to rule 33 of the Rules of Practice and Procedure 
of the Court of Appeals for Veterans Claims, or any corresponding 
similar rule, and an agreement to remand the matter has not been 
reached before the end of such conference, the Secretary shall, not 
later than seven days after the end of such conference, submit to the 
Court and the appellant a written report describing the basis upon 
which the Secretary remains opposed to remand.
    ``(b) Subsequent Determination by Secretary of Need for Remand.--If 
the Secretary submits a written report as described in subsection (a) 
in a matter, the Secretary may not seek a remand of the matter without 
the agreement of the appellant.
    ``(c) Effect of Subsequent Determination of Need for Remand.--Any 
period during which the Court is considering a motion made or during 
which a matter is remanded in accordance with subsection (b) shall not 
be counted against an appellant for purposes of any time limitation 
under this chapter or the Rules of Practice and Procedure of the Court 
of Appeals for Veterans Claims.
    ``(d) Prohibition on Objection or Opposition to Subsequent Filings 
for Fees and Other Expenses.--If the Secretary seeks a remand after the 
end of the seven-day period described in subsection (a), the Secretary 
may not oppose any subsequent filing by the appellant for fees and 
other expenses under section 2412 of title 28.
    ``(e) Sanctions.--If the Secretary fails to comply with this 
section, the Court may impose on the Secretary such sanctions, 
including monetary sanctions, as the Court considers appropriate.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 72 of such title is amended by inserting after the item 
relating to section 7264 the following new item:

``7264A. Staff conferences.''.
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