[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5088 Introduced in House (IH)]

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 procedures for 
  class actions at the Court of Appeals for Veterans Claims, 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 ``Responsive and Efficient 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 Veterans Claims To Hear 
Class Actions.--Subchapter II of chapter 72 of title 38, United States 
Code, is amended by adding at the end the following new section:
``Sec. 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 adjudicated).
            ``(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 to an issue that the appellant intends to raise on appeal. 
Such motion shall address the prerequisites under subsection (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 response of the 
Secretary under subparagraph (A).
    ``(3) At an early practicable time after an appellant has filed a 
motion under paragraph (1) to certify the appeal as a class action and 
the Secretary has filed a response 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 considered 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;
            ``(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 favorable 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--
            ``(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 appropriate;
            ``(C) whether the individual claims of members of the class 
        should be stayed pursuant to paragraph (2) or any other orders 
        the Court determines appropriate with respect to the 
        maintenance of such individuals 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 Secretary 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 questions of law or 
        fact of the class action.
            ``(B) The experience of counsel in and knowledge of the law 
        concerning benefits administered under this title.
            ``(C) The general experience of counsel in appellate 
        litigation.
            ``(D) The record of the counsel for professionalism.
            ``(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 interests 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 preceding 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 
subsection 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 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 
determined 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 efficient resolution of the class action.
    ``(g) Settlement, Voluntary Dismissal, Compromise, 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 settlement, voluntary 
dismissal, compromise, or agreed upon remand:
            ``(1) The Court shall direct notice to all members of the 
        class who are reasonably identifiable and would be bound or 
        affected by the proposal to settle, dismiss, compromise, or 
        remand the matter.
            ``(2) If the proposal to settle, dismiss, compromise, 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 appointed 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 individual who would be 
a member of the class if class certification was granted under 
subsection (c)(3), may appeal any decision of the Court issued under 
this section, including 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''.
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