,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ejhh ,,in ,,the ,,house ,,of ,,representatives ,july #aa1 #bjad ,mr4 ,murphy of ,florida 7for himself and ,mr4 ,jolly7 introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to establish procedures for class actions at the ,court of ,appeals for ,veterans ,claims1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,responsive and ,efficient ,appeals ,courts for ,heroes ,act of #bjad4 #b4 ,class actions before ,court of ,appeals for ,veterans ,claims 7a7 ,authority for ,court of ,appeals for ,veterans ,claims ,to hear class actions ,subchapter ,,ii of chapter #gb of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #gbgj4 ,class actions 7a7 ,in general ,the ,court1 acting as a panel or en banc1 may hear class action appeals in accordance with this section4 7b7 ,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 met3 7#a7 ,there is at least one question of law or fact common to the class4 7#b7 ,the class is likely to consist of at least #ej members4 7#c7 ,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 7including with respect to the process by which such claims are adjudicated74 7#d7 ,the representative party will fairly and adequately protect the interests of the class4 7c7 ,certification procedure 7#a7 ,not later than #fj days after the date on which an appellant has filed an appeal1 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 appeal4 ,such motion shall address the prerequisites under subsection 7b71 including by defining the class described in paragraph 7#b7 of such subsection4 ,the ,court may waive such #fj-;day period for good cause shown1 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 appeal4 7#b7 7,a7 ,upon the filing of a motion under paragraph 7#a71 the ,secretary shall-- 7i7 make reasonable efforts to determine the approximate number of individuals with pending claims for benefits for whom class certification is sought under such motion2 and 7ii7 file a response to such motion that-- 7,i7 includes the approximate number of individuals determined under subparagraph 7,a71 including the efforts made by the ,secretary to carry out such subparagraph 7,a72 and 7,,ii7 addresses the prerequisites under subsection 7b74 7,b7 ,the appellant may file a response to the response of the ,secretary under subparagraph 7,a74 7#c7 ,at an early practicable time after an appellant has filed a motion under paragraph 7#a7 to certify the appeal as a class action and the ,secretary has filed a response under paragraph 7#b77;,a71 the ,court1 acting as a panel or en banc1 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 class4 ,such order shall-- 7,a7 address the prerequisites under subsection 7b72 and 7,b7 if such class certification is granted under the order-- 7i7 define1 with specificity1 the class and issue for which the class is certified2 and 7ii7 appoint counsel for the class under subsection 7e74 7#d7 ,the ,court1 acting as a panel or en banc1 may alter or amend an order issued under this section before final judgment as justice so requires4 7#e7 ,an order granting class action under paragraph 7#c7 shall direct the ,secretary to notify members of the class who are reasonably identifiable in a form the ,court determines practicable4 ,such notice shall state clearly1 concisely1 and in plain language-- 7,a7 a definition of the class certified2 7,b7 a statement of the common questions of law or fact that will be subject to resolution by the ,court on a class basis2 7,c7 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 necessary2 7,d7 any other matters the ,court determines appropriate4 7#f7 ,in determining the class under paragraph 7#c71 the ,court may only include individuals who have1 as of the date of the entry of judgment of the ,court on the class action1 filed a claim and such claim has not been finally resolved1 including any appeals from a denial of such claim4 7#g7 ,any judgment in a class action 7whether favorable or unfavorable to the class7 shall include a description of the issue decided1 the resolution of the issue1 and the individual to whom notice of the certification of the action was directed4 7d7 ,conduct of appeal 7#a7 ,in hearing a class action1 the ,court may issue such orders as are necessary for the efficient and fair resolution of the action1 including with respect to-- 7,a7 the determination of the manner in which proceedings will be conducted in order to advance the resolution of the common questions of law or fact2 7,b7 whether additional notices should be made to members of the class concerning the status of the appeal or any other matter the ,court determines appropriate2 7,c7 whether the individual claims of members of the class should be stayed pursuant to paragraph 7#b7 or any other orders the ,court determines appropriate with respect to the maintenance of such individuals claims2 and 7,d7 any other matter the ,court determines appropriate4 7#b7 ,the ,court may stay1 in whole or in part1 the individual claims of members of the class1 including on a case-by-case basis1 during the period in which the ,court is considering the class action4 ,in determining whether to issue such a stay1 the ,court shall consider-- 7,a7 the views of the parties2 7,b7 whether issuance of such a stay would be likely to decrease the time that members of the class1 the representatives of the class1 and the ,secretary would have to expend on the individual claims subject to the stay2 and 7,c7 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 action4 7e7 ,class counsel 7#a7 ,if the ,court certifies a class action1 the ,court shall appoint counsel to represent the members of the class4 ,regardless of the number of applicants to serve as such a class counsel1 in appointing such class counsel1 the ,court shall consider the following matters3 7,a7 ,the work counsel has done in identifying and preparing for adjudication of the common questions of law or fact of the class action4 7,b7 ,the experience of counsel in and knowledge of the law concerning benefits administered under this title4 7,c7 ,the general experience of counsel in appellate litigation4 7,d7 ,the record of the counsel for professionalism4 7,e7 ,the resources that counsel will commit to representing the class4 7,f7 ,if an attorney1 whether the counsel is a member of a bar of a ,state in good standing4 7,g7 ,such other factors pertinent to the ability of counsel to fairly and adequately represent the interests of the class4 7#b7 ,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 7#a74 7#c7 ,class counsel appointed under paragraph 7#a7 or 7#b71 and co-counsel appointed under paragraph 7#d71 shall fairly and adequately represent the interests of the class at all times4 7#d7 ,if the ,court determines that there is more than one applicant who is qualified under paragraph 7#a7 to serve as class counsel1 the ,court shall appoint the counsel whom the ,court determines is best able to represent the interests of the class4 ,counsel appointed under this subsection may be counsel to an organization permitted to intervene under subsection 7f7 if such counsel meets the requirements of paragraph 7#a74 7f7 ,intervention ,an organization named in or approved under section #eijb of this title may seek leave to intervene in a class action appeal4 ,such organization may seek to intervene during the period beginning on the date on which the motion is filed under paragraph 7#a7 of subsection 7b7 and ending on the date that is #fj days after the date on which the ,court grants class certification under paragraph 7#c7 of such section4 ,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 ,court4 ,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 action4 7g7 ,settlement1 voluntary dismissal1 compromise1 or agreed upon remand ,the appeal of the appellant and a common issue of law or fact in a class action may be settled1 voluntarily dismissed1 compromised1 or remanded by agreement only with the permission of the ,court4 ,the following procedures apply to a proposed settlement1 voluntary dismissal1 compromise1 or agreed upon remand3 7#a7 ,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 settle1 dismiss1 compromise1 or remand the matter4 7#b7 ,if the proposal to settle1 dismiss1 compromise1 or remand the matter would bind a member of the class1 the ,court may approve such proposal only after a hearing1 for which notice is provided to the class1 and on findings that such proposal is fair1 reasonable1 and adequate4 7#c7 ,the parties seeing approval of a proposal to settle1 dismiss1 compromise1 or remand the matter shall file a statement with the ,court identifying any agreement made in connection with such proposal4 7#d7 ,any member of the class may object to the proposal to settle1 dismiss1 compromise1 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 ,court4 7h7 ,attorneys' fees and costs ,counsel appointed under subsection 7e7 to represent the class1 and counsel for an intervenor under subsection 7f71 may seek an award of fees and costs under section #bdab of title #bh4 ,nothing in this section shall affect any right of initial counsel for the representative party from also seeking an award of fees under such section4 7i7 ,appeals ,any member of the class1 or individual who would be a member of the class if class certification was granted under subsection 7c77#c71 may appeal any decision of the ,court issued under this section1 including an order granting or denying class certification1 under the terms set forth in section #gbib of this title4 ,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 7d77#a7 and 7e7 of section #gbib of this title shall be applicable to such appeal4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #gbfi the following new item3 #gbgj4 ,class actions4 4 #c4 ,salary of judges of ,court of ,appeals for ,veterans ,claims ,section #gbec7;e7 of title #ch1 ,united ,states ,code1 is amended by striking district courts and inserting courts of appeals4