[House Report 105-47]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-47
_______________________________________________________________________
TO EXTEND THE AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS TO ENTER
INTO ENHANCED-USE LEASES FOR DEPARTMENT OF VETERANS AFFAIRS
PROPERTY, TO RENAME THE UNITED STATES COURT OF VETERANS APPEALS
AND THE NATIONAL CEMETERY SYSTEM, AND FOR OTHER PURPOSES
_______
April 9, 1997.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Stump, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 1092]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1092) to amend title 38, United States Code, to
extend the authority of the Secretary of Veterans Affairs to
enter into enhanced-use leases for Department of Veterans
Affairs property, to rename the United States Court of Veterans
Appeals and the National Cemetery System, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Introduction
On March 18, 1997, the Honorable Bob Stump, Chairman of the
Committee on Veterans' Affairs, was joined by the Honorable
Lane Evans, in the introduction of H.R. 1092 to amend title 38,
United States Code, to extend the authority of the Secretary of
Veterans Affairs to enter into enhanced-use leases for
Department of Veterans Affairs property, to rename the United
States Court of Veterans Appeals and the National Cemetery
System, and for other purposes.
The full Committee met on March 20, 1997 and ordered H.R.
1092 reported favorably to the House by unanimous voice vote.
Summary of the Reported Bill
H.R. 1092 would:
1. LExtend expiring VA authority to administer the
Enhanced-Use Lease of Real Property Program until December 31,
2002, and repeal the current limitation on the number of
enhanced-use leases which VA may enter under such authority.
2. LRename the United States Court of Veterans Appeals as
the United States Court of Appeals for Veterans Claims.
3. LRedesignate the National Cemetery System as the
National Cemetery Administration.
4. LCodify the fiscal year 1997 compensation rates which
were administratively increased by the Secretary.
Background and Discussion
Section 101. Enhanced-Use Leases of Department of Veterans Affairs Real
Property.
The bill would extend and expand VA's authority to enter
into so-called ``enhanced-use'' leases. Specifically, it would
amend section 8169 of title 38, United States Code, to extend
until December 31, 2002 the Secretary's authority to enter into
enhanced-use leases. Additionally, the bill would repeal
section 8168 of title 38, United States Code, which limits to
ten in any one fiscal year and 20 over the life of the program,
the number of enhanced-use leases VA may execute.
Enhanced-use lease authority, established under title IV of
Public Law 102-86, was designed to permit the Department of
Veterans Affairs to enter into long-term leases with private
and other public entities to improve unused or underused VA
property in a manner which would, at least in part, contribute
to the VA's mission. While VA has long had authority to lease
property under section 8122 of title 38, the term of such
leases may not exceed three years and the proceeds of such
leases are to be deposited into the U.S. Treasury. Pursuant to
the provisions of Public Law 102-86, codified in sections 8161
through 8169 of title 38, United States Code, VA may enter into
enhanced-use leases for up to 35 years in the case of a lease
involving construction of a new building or substantial
building rehabilitation and up to 20 years in other cases.
Where consideration for an enhanced-use lease is monetary,
payments are retained by VA, with 75 percent to be deposited in
the Nursing Home Revolving Fund under section 8116 of title 38,
United States Code and 25 percent credited to the medical care
account for the use of the facility at which the property is
located. Consideration may also be in kind.
Enhanced-use leasing has proven an effective public-private
partnership in improving underutilized VA property and
developing beneficial uses on medical center grounds including
child care centers, parking facilities, and VA office space.
Several other leasing projects are under development or
investigation.
The enhanced-use leasing concept can be a flexible tool to
meet important VA goals. At the Indianapolis VA Medical Center
(VAMC), hospital bed closures led to a decision to consolidate
from two campuses to one and to seek another use for the
hospital building on its Cold Spring Division campus. Under the
enhanced-use lease authority, the state of Indiana has agreed
to enter into a 35-year lease for approximately 22 acres of the
30-acre plot. The State will use the VA property as a
replacement for a State psychiatric hospital adjacent to the
VA's other campus. The state will also reimburse VA--in
monetary and in-kind payments--the sum of $15.64 million.
Further, the VA will save $5 million per year in operational
costs.
VA's goal of developing a regional office on the grounds of
its Houston Medical Center to provide improved service was also
realized through enhanced-use leasing. Under this authority, VA
leased 20 acres of unused land for 35 years to a local
developer who constructed a 140,000 square foot VA regional
office (VARO) which opened in 1995, and developed a retail
center on the remaining acreage. In accordance with the
agreement, the VA has purchased the VARO for $11.5 million, a
33 percent savings over original cost estimates. The
collocation of the VARO and the VAMC has greatly enhanced the
VA's ability to provide convenient customer service to the
veterans it serves.
Through these examples and others, it is clear to the
Committee that the Department should continue and expand these
efforts. To that end, this bill would extend this program and
also lift restrictions on the number of enhanced-use leases VA
may execute. Current law limits the VA to 20 such leases. The
Committee envisions that as leasing agreements now under
development are executed, the VA may soon be in the precarious
position of denying worthy lease opportunities solely due to
the 20-lease limit. Because of the program's success in
developing private-public partnerships, limitations on the
number of such leases is no longer warranted.
Section 201. Renaming of the Court of Veterans Appeals.
The bill would amend section 7251 of title 38, United
States Code, to rename the United States Court of Veterans
Appeals (``the Court'') as the United States Court of Appeals
for Veterans Claims. According to Chief Judge Frank Q. Nebeker,
many veterans and attorneys believe that the Court is an
administrative tribunal of the Department of Veterans Affairs
rather than an independent judicial entity. Moreover, the
Court's common acronym ``CVA'' is not readily distinguishable
from ``BVA'', an acronym for the Board of Veterans Appeals,
which is an administrative tribunal of the Department, or
``DVA'', which is a common acronym for the Department of
Veterans Affairs. Adoption of the name ``United States Court of
Appeals for Veterans Claims'' would also be consistent with
recent name changes in other courts established by Congress
under Article I of the United States Constitution. In 1994, the
United States Court of Military Appeals was renamed the United
States Court of Appeals for the Armed Forces. In 1992, the
United States Court of Claims was renamed the United States
Court of Federal Claims.
Section 202. Redesignation of National Cemetery System.
The bill would amend section 301 of title 38, United States
Code, to redesignate the National Cemetery System (NCS) as the
National Cemetery Administration. The bill would elevate NCS to
the same organizational status within VA as the Veterans Health
Administration and the Veterans Benefits Administration. NCS is
the only one of the three major VA components responsible for
delivering benefits that is designated as a ``System'' rather
than an ``Administration''. According to VA Secretary Jesse
Brown, the redesignation as an ``Administration'' would more
accurately recognize NCS' status as a benefit-delivery
administration.
The bill would also amend section 307 of title 38, United
States Code, to redesignate the Director of the National
Cemetery System as the Assistant Secretary for Memorial
Affairs. According to Secretary Brown, the redesignation would
assure that the position receives the status commensurate with
its responsibilities. The redesignation would not affect the
duties and responsibilities of the position, and therefore, it
would not affect the salary level of the position.
Sections 301-305. Codification of fiscal year 1997 compensation rate
increases.
The bill would amend several sections of title 38, United
States Code, to codify the fiscal year 1997 compensation rates
which the Secretary administratively increased pursuant to
Public Law 104-263.
Section-By-Section Analysis
Section 101(a) would amend section 8169 of title 38, United
States Code, to extend until December 31, 2002, the Secretary's
authority to enter into enhanced-use leases.
Section 101(b) would repeal section 8168 of title 38,
United States Code, to eliminate the limitation on the number
of enhanced-use leases which the Secretary may enter under this
program.
Section 201(a) would amend section 7251 of title 38, United
States Code, to redesignate the United States Court of Veterans
Appeals as the United States Court of Appeals for Veterans
Claims.
Section 201(b) would amend sections 5904, 7101(b), 7242(a),
7253, 7254, 7255, 7256, 7261, 7262, 7263, 7264, 7266(a)(1),
7267(a), 7268(a), 7269, 7281(a), 7282(a), 7283, 7284, 7285(a),
7286, 7291, 7292, 7296, 7297, and 7298 of title 38, United
States Code, to make conforming amendments.
Section 201(c) would amend section 8440d of title 5,
section 2112 of title 28, section 906 of title 44, United
States Code, and section 109 of the Ethics in Government Act of
1978 (5 U.S.C. App.), to make conforming amendments.
Section 202(a) would amend section 301(c)(4) of title 38,
United States Code, to redesignate the National Cemetery System
(NCS) as the National Cemetery Administration. This section
would also amend section 307 of title 38, United States Code,
to redesignate the Director of the National Cemetery System as
the Assistant Secretary for Memorial Affairs.
Section 202(b) would amend sections 307, 308, 2306(d),
2400, 2402, 2403(c), 2405(c), and 2408(c)(1) of title 38,
United States Code, and section 5315 of title 5, United States
Code, to make conforming amendments.
Section 202(c) would deem any reference in a record of the
United States to the National Cemetery System to be a reference
to the National Cemetery Administration, and any reference to
the Director of the National Cemetery System to be a reference
to the Assistant Secretary for Memorial Affairs.
Section 202(b) would authorize the President alone to make
the initial appointment to the position of Assistant Secretary
for Memorial Affairs if such individual is serving as Director
of the National Cemetery System on the day before enactment of
this Act.
Section 301 would amend section 1114 of title 38, United
States Code, to codify an administrative increase in the fiscal
year 1997 disability compensation rates.
Section 302 would amend section 1115 of title 38, United
States Code, to codify an administrative increase in the fiscal
year 1997 dependents' compensation rates.
Section 303 would amend section 1162 of title 38, United
States Code, to codify an administrative increase in the fiscal
year 1997 clothing allowance for certain disabled veterans.
Section 304 would amend section 1311 of title 38, United
States Code, to codify an administrative increase in the fiscal
year 1997 Dependency and Indemnity Compensation rates for
surviving spouses.
Section 305 would amend section 1313 of title 38, United
States Code, to codify an administrative increase in the fiscal
year 1997 Dependency and Indemnity Compensation rates for
children.
Oversight Findings
No oversight findings have been submitted to the Committee
by the Committee on Government Reform and Oversight.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 25, 1997.
Hon. Bob Stump,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the cost estimate for H.R. 1092, a bill to extend the
authority of the Secretary of Veterans Affairs to enter into
enhanced-use leases for Department of Veterans Affairs
property, to rename the United States Court of Veterans Appeals
and the National Cemetery System, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mary Helen
Petrus, who can be reached at 226-2840.
Sincerely,
June E. O'Neill,
Director.
Atttachment
H.R. 1092--A bill to amend title 38, United States Code, to extend the
authority of the Secretary of Veterans Affairs to enter into enhanced-
use leases for Department of Veterans Affairs property, to rename the
United States Court of Veterans Appeals and the National Cemetery
System, and for other purposes.
As ordered reported by the House Committee on Veterans' Affairs
on March 20, 1997
CBO estimates that this bill would have no significant
effect on the federal budget. The bill would affect direct
spending and thus would be subject to pay-as-you-go procedures
under section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985. H.R. 1092 contains an intergovernmental
mandate as defined in the Unfunded Mandates Reform Act of 1995
(UMRA). But CBO estimates that the mandate's costs would not
exceed the threshold in that act ($50 million in 1996, adjusted
annually for inflation). The bill would impose no new private-
sector mandates as defined in UMRA.
Title I of H.R. 1092 would allow the Department of Veterans
Affairs (VA), through December 31, 2002, to enter into a
limited number of enhanced-use leases. Under enhanced-use lease
authority, VA leases portions of its real property in return
for cash or in-kind services. Cash receipts would be spent for
nursing home and medical care expenses. CBO estimates that
these provisions would have no net budgetary effect because the
additional income to the government and the spending of that
income would offset each other.
Neither Title II nor Title III would result in significant
costs. Provisions in Title II would rename the U.S. Court of
Veterans Appeals and the National Cemetery System. Title III
would add the cost-of-living-allowance (COLA) that took effect
on December 1, 1996, to rates of disability compensation for
veterans and survivors currently stated in law.
H.R. 1092 contains an intergovernmental mandate as defined
in UMRA. The bill would extend and expand a currently existing
mandate that preempts state and local governments from imposing
taxes, fees, and permit requirements on VA properties that are
leased to private concerns. To the extent that these private
concerns would otherwise build facilities on nongovernmental
property, and thus pay the appropriate taxes and fees, the loss
of revenue to state and local governments would be considered a
mandate cost. However, based on information provided to CBO by
the Department of Veterans Affairs, and because most of these
projects are small, we believe that the mandate threshold
established in UMRA ($50 million in 1996, adjusted annually for
inflation) would not be exceeded. The bill would not have any
other effects on the budgets of state and local governments.
The CBO staff contacts for this estimate are Mary Helen
Petrus (226-2840) for federal costs, and Marc Nicole (225-3220)
for state and local impacts. This estimate was approved by
Robert A. Sunshine, Deputy Assistant Director for Budget
Analysis.
Inflationary Impact Statement
The enactment of the reported bill would have no
inflationary impact.
Applicability to Legislative Branch
The reported bill would not be applicable to the
legislative branch under the Congressional Accountability Act,
Public Law 104-1, because it would apply only to certain
programs and facilities of the Department of Veterans Affairs
and the United States Court of Veterans Appeals.
Statement of Federal Mandates
The reported bill would not establish a federal mandate
under the Unfunded Mandates Reform Act, Public Law 104-4.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the U.S. Constitution,
the reported bill would be authorized by Congress' power ``[T]o
provide for the common Defence and general Welfare of the
United States.''
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
Chap. Sec.
1. General.................................................... 101
* * * * * * *
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
71. Board of Veterans' Appeals................................... 7101
[72. United States Court of Veterans Appeals..................... 7251]
72. United States Court of Appeals for Veterans Claims........... 7251
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
Sec.
301. Department.
* * * * * * *
[307. Director of the National Cemetery System.]
307. Assistant Secretary for Memorial Affairs.
* * * * * * *
Sec. 301. Department
(a) * * *
* * * * * * *
(c) The Department is composed of the following:
(1) * * *
* * * * * * *
(4) The [National Cemetery System] National Cemetery
Administration.
* * * * * * *
[Sec. 307. Director of the National Cemetery System]
Sec. 307. Assistant Secretary for Memorial Affairs
There is in the Department [a Director of the National
Cemetery System] an Assistant Secretary for Memorial Affairs,
who is appointed by the President, by and with the advice and
consent of the Senate. [The Director is the head of the
National Cemetery System] The Assistant Secretary is the head
of the National Cemetery Administration as established in
section 2400 if this title and shall perform such functions as
may be assigned by the Secretary.
Sec. 308. Assistant Secretaries; Deputy Assistant Secretaries
(a) There shall be in the Department not more than six
Assistant Secretaries, in addition to the Assistant Secretary
for Memorial Affairs. Each Assistant Secretary shall be
appointed by the President, by and with the advice and consent
of the Senate.
(b) The Secretary shall assign to the Assistant Secretaries
other than the Assistant Secretary for Memorial Affairs
responsibility for the administration of such functions and
duties as the Secretary considers appropriate, including the
following functions:
(1) * * *
* * * * * * *
(c) Whenever the President nominates an individual for
appointment as an Assistant Secretary pursuant to subsection
(b), the President shall include in the communication to the
Senate of the nomination a statement of the particular
functions of the Department specified in subsection (b), and
any other functions of the Department, the individual will
exercise upon taking office.
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 1114. Rates of wartime disability compensation
For the purposes of section 1110 of this title--
(a) if and while the disability is rated 10 percent
the monthly compensation shall be [$87] $94;
(b) if and while the disability is rated 20 percent
the monthly compensation shall be [$166] $179;
(c) if and while the disability is rated 30 percent
the monthly compensation shall be [$253] $274;
(d) if and while the disability is rated 40 percent
the monthly compensation shall be [$361] $391;
(e) if and while the disability is rated 50 percent
the monthly compensation shall be [$515] $558;
(f) if and while the disability is rated 60 percent
the monthly compensation shall be [$648] $703;
(g) if and while the disability is rated 70 percent
the monthly compensation shall be [$819] $887;
(h) if and while the disability is rated 80 percent
the monthly compensation shall be [$948] $1,028;
(i) if and while the disability is rated 90 percent
the monthly compensation shall be [$1,067] $1,157;
(j) if and while the disability is rated as total the
monthly compensation shall be [$1,774] $1,924;
(k) if the veteran, as the result of service-
connected disability, has suffered the anatomical loss
or loss of use of one or more creative organs, or one
foot, or one hand, or both buttocks, or blindness of
one eye, having only light perception, or has suffered
complete organic aphonia with constant inability to
communicate by speech, or deafness of both ears, having
absence of air and bone conduction, the rate of
compensation therefore shall be [$70] $74 per month for
each such loss or loss of use independent of any other
compensation provided in subsections (a) through (j) or
subsection (s) of this section but in no event to
exceed [$2,207] $2,393 per month and in the event the
veteran has suffered one or more of the disabilities
heretofore specified in this subsection, in addition to
the requirement for any of the rates specified in
subsections (l) through (n) of this section, the rate
of compensation shall be increased by [$70] $74 per
month for each such loss or loss of use, but in no
event to exceed [$3,093] $3,356 per month;
(l) veteran, as the result of service-connected
disability, has suffered the anatomical loss or loss of
use of both feet, or of one hand and one foot, or is
blind in both eyes, with 5/200 visual acuity or less,
or is permanently bedridden or so helpless as to be in
need of regular aid and attendance, the monthly
compensation shall be [$2,207] $2,393;
(m) if the veteran, as the result of service-
connected disability, has suffered the anatomical loss
or loss of use of both hands, or of both legs at a
level, or with complications, preventing natural knee
action with prostheses in place, or of one arm and one
leg at levels, or with complications, preventingnatural
elbow and knee action with prostheses in place, or has suffered
blindness in both eyes having only light perception, or has suffered
blindness in both eyes, rendering such veteran so helpless as to be in
need of regular aid and attendance, the monthly compensation shall by
[$2,432] $2,639;
(n) if the veteran, as the result of service-
connected disability, has suffered the anatomical loss
or loss of use of both arms at levels, or with
complications, preventing natural elbow action with
prostheses in place, has suffered the anatomical loss
of both legs so near the hip as to prevent the use of
prosthetic appliances, or has suffered the anatomical
loss of one arm and one leg so near the shoulder and
hip as to prevent the use of prosthetic appliances, or
has suffered the anatomical loss of both eyes, or has
suffered blindness without light perception in both
eyes, the monthly compensation shall be [$2,768]
$3,003;
(o) if the veteran, as the result of service-connected
disability, has suffered disability under conditions
which would entitle such veteran to two or more of the
rates provided in one or more subsections (l) through
(n) of this section, no condition being considered
twice in the determination, or if the veteran has
suffered bilateral deafness (and the hearing impairment
in either one or both ears is service connected) rated
at 60 percent or more disabling and the veteran has
also suffered service-connected total blindness with 5/
200 visual acuity or less, or if the veteran has
suffered service-connected total deafness in one ear or
bilateral deafness (and the hearing impairment in
either one or both ears is service-connected) rated at
40 percent or more disabling and the veteran has also
suffered service-connected blindness having only light
perception or less, or if the veteran has suffered the
anatomical loss of both arms so near the shoulder as to
prevent the use of prosthetic appliances, the monthly
compensation shall by [$3,093] $3,356;
(p) in the event the veteran's service-connected
disabilities exceed the requirements for any of the
rates prescribed in this section, the Secretary may
allow the next higher rate or an intermediate rate, but
in no event in excess of [$3,093] $3,356. In the event
the veteran has suffered service-connected blindness
with 5/200 visual acuity or less and (1) has also
suffered bilateral deafness (and the hearing impairment
in either one or both ears is service-connected) rated
at no less than 30 percent disabling, the Secretary
shall allow the next higher rate, or (2) has also
suffered service-connected total deafness in one ear or
service-connected anatomical loss or loss of use of one
hand or one foot, the Secretary shall allow the next
intermediate rate, but in no event in excess of
[$3,093] $3,356. In the event the veteran has suffered
service-connected blindness, having only light
perception or less, and has also suffered bilateral
deafness (and the hearing impairment in either one or
both ears is service connected) rated at 10 or 20
percent disabling, the Secretary shall allow the next
intermediate rate, but in no event in excess of
[$3,093] $3,356. In the event the veteran has suffered
the anatomical loss or loss of use, or a combination of
anatomical loss and loss of use, of three extremities,
the Secretary shall allow the next higher rate
orintermediate rate, but in no event in excess of [$3,093] $3,356. Any
intermediate rate under this subsection shall be established at the
arithmetic mean, rounded down to the nearest dollar, between the two
rates concerned.
(r) Subject to section 5503(e) of this title, if any
veteran, otherwise entitled to compensation authorized
under subsection (o) of this section, at the maximum
rate authorized under subsection (p) of this section,
or at the intermediate rate authorized between the
rates authorized under subsections (n) and (o) of this
section and at the rate authorized under subsection (k)
of this section is in need of regular aid and
attendance, then, in addition to such compensation--
(1) the veteran shall be paid a monthly aid
and attendance allowance at the rate of
[DBU$1,441; or
(2) if the veteran, in addition to such need
for regular aid and attendance, is in need of a
higher level of care, such veteran shall be
paid a monthly aid and attendance allowance at
the rate of [$1,978] $2,145, in lieu of the
allowance authorized in clause (1) of this
subsection if the Secretary finds that the
veteran, in the absence of the provision of
such care, would require hospitalization,
nursing home care, or other residential
institutional care.
For the purposes of clause (2) of this subsection, need
for a higher level of care shall be considered to be
need for personal health-care services provided on a
daily basis in the veteran's home by a person who is
licensed to provide such services or who provides such
services under the regular supervision of a licensed
health-care professional. The existence of the need for
such care shall be determined by a physician employed
by the Department or, in areas where no such physician
is available, by a physician carrying out such function
under contract or fee arrangement based on an
examination by such physician. For the purposes of
section 1134 of this title, such allowance shall be
considered as additional compensation payable for
disability.
(s) If the veteran has a service-connected disability
rate as total, and (1) has additional service-connected
disability or disabilities independently ratable at 60
percent or more, or, (2) by reason of such veteran's
service-connected disability or disabilities is
permanently housebound, then the monthly compensation
shall be [$1,985] $2,154. For the purposes of this
subsection, the requirement of ``permanently
housebound'' will be considered to have been met when
the veteran is substantially confined to such veteran's
house (ward or clinical areas, if institutionalized) or
immediate premises due to a service-connected
disability or disabilities which it is reasonably
certain will remain throughout such veteran's lifetime.
Sec. 1115. Additional compensation for dependents
Any veteran entitled to compensation at the rates provided
in section 1114 of this title, and whose disability is rated
not less than 30 percent, shall be entitled to additional
compensation for dependents in the following monthly amounts:
(1) If and while rated totally disabled and--
(A) has a spouse but no child, [$105] $112;
(B) has a spouse and one or more children,
[$178] $191 plus [$55] $59 for each child in
excess of one;
(C) has no spouse but one or more children,
[$72] $77 plus [$55] $59 for each child in
excess of one;
(D) has a parent dependent upon such veteran
for support, then, in addition to the above
amounts, [$84] $91 for each parent so
dependent;
(E) notwithstanding the other provisions of
this paragraph, the monthly payable amount on
account of a spouse who is (i) a patient in a
nursing home or (ii) helpless or blind, or so
nearly helpless or blind as to need or require
the regular aid and attendance of another
person, shall be [$195] $211 for a totally
disabled veteran and proportionate amounts for
partially disabled veterans in accordance with
paragraph (2) of this section; and
(F) notwithstanding the other provisions of
this paragraph, the monthly amount payable on
account of each child who has attained the age
of eighteen years and who is pursuing a course
of instruction at an approved educational
institution shall be [$164] $177 for a totally
disabled veteran and proportionate amounts for
partially disabled veterans in accordance with
paragraph (2) of this section.
* * * * * * *
SUBCHAPTER VI--GENERAL COMPENSATION PROVISIONS
* * * * * * *
Sec. 1162. Clothing allowance
The Secretary under regulations which the Secretary shall
prescribe, shall pay a clothing allowance of [$478] $518 per
year to each veteran who--
(1) * * *
* * * * * * *
CHAPTER 13--DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE--
CONNECTED DEATHS
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 1311. Dependency and indemnity compensation to a surviving spouse
(a)(1) Dependency and indemnity compensation shall be paid
to a surviving spouse at the monthly rate of [$769] $833.
(2) The rate under paragraph (1) shall be increased by
[$169] $182 in the case of the death of a veteran who at the
time of death was in receipt of or was entitled to receive (or
but for the receipt of retired pay or retirement pay was
entitled to receive) compensation for a service-connected
disability that was rated totally disabling for a continuous
period of at least eight years immediately preceding death. In
determining the period of a veteran's disability for purposes
of the preceding sentence, only periods in which the veteran
was married to the surviving spouse shall be considered.
(3) In the case of dependency and indemnity compensation
paid to a surviving spouse that is predicated on the death of a
veteran before January 1, 1993, the monthly rate of such
compensation shall be in the amount based on the pay grade of
such veteran, as set forth in the following table, if the
amount is greater than the total amount determined with respect
to that veteran under paragraphs (1) and (2):
Monthly Monthly
[Pay grade rate Pay grade rate
E-7...................... $794 O-3........ $897
E-8...................... 838 O-4........ 948
E-9...................... \1\ 875 O-5........ 1,044
W-1...................... 812 O-6........ 1,177
W-2...................... 844 O-7........ 1,271
W-3...................... 869 O-8........ 1,392
W-4...................... 920 O-9........ 1,492
O-1...................... 812 O-10....... \2\ 1,636
O-2...................... 838 ............... ...........
[\1\ If the veteran served as sergeant major of the Army, senior
enlisted advisor of the Navy, chief master sergeant of the Air Force,
sergeant major of the Marine Corps, or master chief petty officer of
the Coast Guard, at the applicable time designated by section 1302 of
this title, the surviving spouse's rate shall be $943.
[\2\ If the veteran served as Chairman or Vice-Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 1302 of this title, the surviving spouse's rate
shall be $1,753.]
Pay grade Monthly rate
E-7............................................ $861
E-8............................................ 909
E-9............................................ \1\ 949
W-1............................................ 880
W-2............................................ 915
W-3............................................ 943
W-4............................................ 997
O-1............................................ 880
O-2............................................ 909
O-3............................................ 972
O-4............................................ 1,028
O-5............................................ 1,132
O-6............................................ 1,276
O-7............................................ 1,378
O-8............................................ 1,510
O-9............................................ 1,618
O-10........................................... \2\ 1,774
\1\ If the veteran served as sergeant major of the Army, senior enlisted
advisor of the Navy, chief master sergeant of the Air Force, sergeant
major of the Marine Corps, or master chief petty officer of the Coast
Guard, at the applicable time designated by section 1302 of this
title, the surviving spouse's rate shall be $1,023.
\2\ If the veteran served as Chairman or Vice-Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 1302 of this title, the surviving spouse's rate
shall be $1,902.
(b) If there is a surviving spouse with one or more
children below the age of eighteen of a deceased veteran, the
dependency and indemnity compensation paid monthly to the
surviving spouse shall be increased by [$100 for each such
child during fiscal year 1993, $150 for each such child during
fiscal year 1994, and $200 for each such child thereafter] $211
for each such child.
(c) The monthly rate of dependency and indemnity
compensation payable to a surviving spouse shall be increased
by [$195] $211 if the spouse is (1) a patient in a nursing home
or (2) helpless or blind, or so nearly helpless or blind as to
need or require the regular aid and attendance of another
person.
(d) The monthly rate of dependency and indemnity
compensation payable to a surviving spouse shall be increased
by [$95] $102 if the surviving spouse is, by reason of
disability, permanently housebound but does not qualify for the
aid and attendance allowance under subsection (c) of this
section. For the purpose of this subsection, the requirement of
``permanently housebound'' will be considered to have been met
when the surviving spouse is substantially confined to such
surviving spouse's home (ward or clinical areas, if
institutionalized) or immediate premises by reason of a
disability or disabilities which it is reasonably certain will
remain throughout such surviving spouse's lifetime.
* * * * * * *
Sec. 1313. Dependency and indemnity compensation to children
(a) Whenever there is no surviving spouse of a deceased
veteran entitled to dependency and indemnity compensation,
dependency and indemnity compensation shall be paid in equal
shares to the children of the deceased veteran at the following
monthly rates:
(1) one child, [$327] $354;
(2) two children, [$471] $510;
(3) three children, [$610] $662; and
(4) more than three children, [$610] $662, plus
[$120] $130 for each child in excess of three.
* * * * * * *
Sec. 1314. Supplemental dependency and indemnity compensation to
children
(a) In the case of a child entitled to dependency and
indemnity compensation who has attained the age of eighteen and
who, while under age, became permanently incapable of self-
support, the dependency and indemnity compensation paid monthly
to such child shall be increased by [$195] $211.
(b) If dependency and indemnity compensation is payable
monthly to a person as a surviving spouse and there is a child
(of such person's deceased spouse) who has attained the age of
eighteen and who, while under such age, became permanently
incapable of self-support, dependency and indemnity
compensation shall be paid monthly to each such child,
concurrently with the payment of dependency and indemnity
compensation to the surviving spouse, in the amount of [$327]
$354.
(c) If dependency and indemnity compensation is payable
monthly to a person as a surviving spouse and there is a child
(of such person's deceased spouse), who has attained the age of
eighteen and who, while under the age of twenty-three, is
pursuing a courseof instruction at an educational institution
approved under section 104 of this title, dependency and indemnity
compensation shall be paid monthly to each such child, concurrently
with the payment of dependency and indemnity compensation to the
surviving spouse, in the amount of [$166] $179.
* * * * * * *
CHAPTER 23--BURIAL BENEFITS
* * * * * * *
Sec. 2306. Headstones, markers, and burial receptacles
(a) * * *
* * * * * * *
(d)(1) The Secretary of Veterans Affairs shall provide an
outer burial receptacle for each new grave in an open cemetery
[within the National Cemetery System] under the control of the
National Cemetery Administration; in which remains are interred
in a casket. The Secretary of the Army may provide an outer
burial receptacle for such a grave in the Arlington National
Cemetery.
(2) The use of outer burial receptacles in a cemetery
[within the National Cemetery System] under the control of the
National Cemetery Administration or in the Arlington National
Cemetery shall be in accordance with regulations or procedures
approved by the Secretary of Veterans Affairs or Secretary of
the Army, respectively.
* * * * * * *
CHAPTER 24--NATIONAL CEMETERIES AND MEMORIALS
Sec.
[2400. Establishment of National Cemetery System; composition of such
system; appointment of director.]
2400. Establishment of National Cemetery Administration; composition
of Administration.
* * * * * * *
[Sec. 2400. Establishment of National Cemetery System; composition of
such system; appointment of director]
Sec. 2400. Establishment of National Cemetery Administration;
composition of Administration
(a) There shall be within the Department a [National
Cemetery System] National Cemetery Administration responsible
for the interment of deceased servicemembers and veterans.
[Such system shall be headed by the Director of the National
Cemetery System] The National Cemetery Administration shall be
headed by the Assistant Secretary for Memorial Affairs, who
shall perform such functions as may be assigned by the
Secretary.
(b) The [National Cemetery System] national cemeteries and
other facilities under the control of the National Cemetery
Administration shall consist of--
(1) * * *
* * * * * * *
Sec. 2402. Persons eligible for interment in national cemeteries
Under such regulations as the Secretary may prescribe and
subject to the provisions of section 6105 of this title, the
remains of the following persons may be buried in any open
national cemetery [in the National Cemetery System] under the
control of the National Cemetery Administration:
(1) * * *
* * * * * * *
Sec. 2403. Memorial areas
(a) * * *
* * * * * * *
(c) All national and other veterans' cemeteries [in the
National Cemetery System created by this chapter] under the
control of the National Cemetery Administration shall be
considered national shrines as a tribute to our gallant dead
and, notwithstanding the provisions of any other law, the
Secretary is hereby authorized to permit appropriate officials
to fly the flag of the United States of America at such
cemeteries twenty-four hours each day.
* * * * * * *
Sec. 2405. Disposition of inactive cemeteries
(a) * * *
* * * * * * *
(c) If a cemetery not [within the National Cemetery System]
under the control of the National Cemetery Administration has
been or is to be discontinued, the Secretary may provide for
the removal of remains from that cemetery to any cemetery
[within such System] under the control of such Administration.
The Secretary may also provide for the removal of the remains
of any veteran from a place of temporary interment, or from an
abandoned grave or cemetery, to a national cemetery.
* * * * * * *
Sec. 2408. Aid to States for establishment, expansion, and improvement
of veterans' cemeteries
(a) * * *
* * * * * * *
(c)(1) In addition to the conditions specified in
subsection (b) of this section, any grant to a State under this
section to assist such State in establishing a veterans'
cemetery shall be made on the condition that such cemetery
shall conform to such standards and guidelines relating to site
selection, planning, and construction as the Secretary may by
regulation prescribe. In prescribing regulations for the
purposes of the preceding sentence, the Secretary shall take
into account the standards and guidelines for site selection,
planning, and construction that are applicable to cemeteries
[in the National Cemetery System] under the control of
theNational Cemetery Administration, including those provided in
subsections (b), (c) and (d) of section 2404 of this title.
* * * * * * *
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
* * * * * * *
CHAPTER 59--AGENTS AND ATTORNEYS
* * * * * * *
Sec. 5904. Recognition of agents and attorneys generally
(a) * * *
* * * * * * *
(c)(1) * * *
(2) A person who, acting as agent or attorney in a case
referred to in paragraph (1) of the subsection, represents a
person before the Department or the Board of Veterans' Appeals
after the Board first makes a final decision in the case shall
file a copy of any fee agreement between them with the Board at
such time as may be specified by the Board. The Board, upon its
own motion or the request of either party, may review such a
fee agreement and may order a reduction in the fee called for
in the agreement if the Board finds that the fee is excessive
or unreasonable. A finding or order of the Board under the
preceding sentence may be reviewed by the United States [Court
of Veterans Appeals] Court of Appeals for Veterans Claims under
section 7263(d) is this title.
* * * * * * *
(d)(1) * * *
* * * * * * *
(3) To the extent that past-due benefits are awarded in any
proceeding before the Secretary, the Board of Veterans'
Appeals, or the United States [Court of Veterans Appeals] Court
of Appeals for Veterans Claims, the Secretary may direct that
payment of any attorneys' fee under a fee arrangement described
in paragraph (1) of this subsection be made out of such past-
due benefits. In no event may the Secretary withhold for the
purpose of such payment any portion of benefits payable for a
period after the date of the final decision of the Secretary,
the Board of Veterans' Appeals, or [Court of Veterans Appeals]
Court of Appeals for Veterans Claims making (or ordering the
making of) the award.
* * * * * * *
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
Chap. Sec.
71. Board of Veterans' Appeals................................... 7101
[72. United States Court of Veterans Appeals..................... 7251]
72. United States Court of Appeals for Veterans Claims........... 7251
* * * * * * *
CHAPTER 71--BOARD OF VETERANS' APPEALS
* * * * * * *
Sec. 7101. Composition of Board of Veterans' Appeals
(a) * * *
(b)(1) The Chairman shall be appointed by the President, by
and with the advice and consent of the Senate, for a term of
six years. The Chairman shall be subject to the same ethical
and legal limitations and restrictions concerning involvement
in political activities as apply to judges of the United States
[Court of Veterans Appeal] Court of Appeals for Veterans
Claims.
* * * * * * *
CHAPTER 72--UNITED STATES COURT OF VETERANS APPEALS
* * * * * * *
SUBCHAPTER III--MISCELLANEOUS PROVISIONS
7281. Employees.
* * * * * * *
[7286. Judicial Conference of the Court of Veterans Appeals.]
7286. Judicial Conference of the Court of Appeals for Veterans
Claims.
SUBCHAPTER IV--DECISIONS AND REVIEW
[7291. Date when United States Court of Veterans Appeals decision
becomes final.]
7291. Date when United States Court of Appeals for Veterans Claims
decision becomes final.
* * * * * * *
[7298. Court of Veterans Appeals Retirement Fund.]
7298. Court of Appeals for Veterans Claims Retirement Fund.
* * * * * * *
SUBCHAPTER I--ORGANIZATION AND JURISDICTION
Sec. 7251. Status
There is hereby established, under Article I of the
Constitution of the United States, a court of record to be
known as the [United States Court of Veterans Appeals] United
States Court of Appeals for Veterans Claims.
Sec. 7252. Jurisdiction; finality of decisions
(a) The [Court of Veterans Appeals] Court of Appeals for
Veterans Claims shall have exclusive jurisdiction to review
decisions of the Board of Veterans' Appeals. The Secretary may
not seek review of any such decision. The Court shall have
power to affirm, modify, or reverse a decision of the Board or
to remand the matter, as appropriate.
* * * * * * *
Sec. 7253. Composition
(a) The [Court of Veterans Appeal] Court of Appeals for
Veterans Claims shall be composed of a chief judge and at least
two and not more than six associate judges.
* * * * * * *
(c) The term of office of the judges of the [Court of
Veterans Appeals] Court of Appeals for Veterans Claims shall be
15 years.
* * * * * * *
Sec. 7254. Organization
(a) The [Court of Veterans Appeals] Court of Appeals for
Veterans Claims shall have a seal which shall be judicially
noticed.
* * * * * * *
Sec. 7255. Offices
The principal office of the [Court of Veterans Appeals]
Court of Appeals for Veterans Claims shall be in the District
of Columbia, but the Court may sit at any place within the
United States.
Sec. 7256. Times and places of sessions
The times and places of sessions of the [Court of Veterans
Appeals] Court of Appeals for Veterans Claims shall be
prescribed by the chief judge.
SUBCHAPTER II--PROCEDURE
Sec. 7261. Scope of review
(a) In any action brought under this chapter, the [Court of
Veterans Appeals] Court of Appeals for Veterans Claims, to the
extent necessary to its decision and when presented, shall--
(1) * * *
* * * * * * *
Sec. 7262. Fee for filing appeals
(a) The [Court of Veterans Appeals] Court of Appeals for
Veterans Claims may impose a fee of not more than $50 for the
filing of any appeal with the Court. The Court shall establish
procedures under which such a fee may be waived in the case of
an appeal filed by or on behalf of a person who demonstrates
that the requirement that such fee be paid will impose a
hardship on that person. A decision as to such a waiver is
final and may not be reviewed in any other court.
* * * * * * *
Sec. 7263. Representation of parties; fee agreements
(a) The Secretary shall be represented before the [Court of
Veterans Appeals] Court of Appeals for Veterans Claims by the
General Counsel of the Department.
* * * * * * *
Sec. 7264. Rules of practice and procedure
(a) The proceedings of the [Court of Veterans Appeals]
Court of Appeals for Veterans Claims shall be conducted in
accordance with such rules of practice and procedure as the
Court prescribes.
* * * * * * *
Sec. 7266. Notice of appeal
(a)(1) In order to obtain review by the [Court of Veterans
Appeals] Court of Appeals for Veterans Claims of a final
decision of the Board of Veterans' Appeals, a person adversely
affected by such decision shall file a notice of appeal with
the Court within 120 days after the date on which notice of the
decision is mailed pursuant to section 7104(e) of this title.
* * * * * * *
Sec. 7267. Decisions
(a) A decision upon a proceeding before the [Court of
Veterans Appeals] Court of Appeals for Veterans Claims shall be
made as quickly as practicable. In a case heard by a panel of
the Court, the decision shall be made by a majority vote of the
panel in accordance with the rules of the Court. The decision
of the judge or panel hearing the case so made shall be the
decision of the Court.
* * * * * * *
Sec. 7268. Availability of proceedings
(a) Except as provided in subsection (b) of this section,
all decisions of the [Court of Veterans Appeals] Court of
Appeals for Veterans Claims and all briefs, motions, documents,
and exhibits received by the Court (including a transcript of
the stenographic report of the hearings) shall be public
records open to the inspection of the public.
* * * * * * *
Sec. 7269. Publication of decisions
(a) The [Court of Veterans Appeals] Court of Appeals for
Veterans Claims shall provide for the publication of decisions
of the Court in such form and manner as may be best adapted for
public information and use. The Court may make such exceptions,
or may authorize the chief judge to make such exceptions, to
the requirement for publication in the preceding sentence as
may be appropriate.
* * * * * * *
SUBCHAPTER III--MISCELLANEOUS PROVISIONS
Sec. 7281. Employees
(a) The [Court of Veterans Appeals] Court of Appeals for
Veterans Claims may appoint a clerk without regard to the
provisions of title 5 governing appointments in the competitive
service. The clerk shall serve at the pleasure of the Court.
* * * * * * *
Sec. 7282. Budget and expenditures
(a) The budget of the [Court of Veterans Appeals] Court of
Appeals for Veterans Claims as submitted by the Court for
inclusion in the budget of the President for any fiscal year
shall be included in that budget without review within the
executive branch.
* * * * * * *
Sec. 7283. Disposition of fees
Except for amounts received pursuant to section 7285 of
this title, all fees received by the [Court of Veterans
Appeals] Court of Appeals for Veterans Claims shall be covered
into the Treasury as miscellaneous receipts.
Sec. 7284. Fee for a transcript of record
The [Court of Veterans Appeals] Court of Appeals for
Veterans Claims may fix a fee, not in excess of the fee
authorized by law to be charged and collected therefore by the
clerks of the district courts, for comparing, or for preparing
and comparing, a transcript of the record of any proceeding
before the Court, or for copying any record, entry, or other
paper and the comparison and certification thereof.
Sec. 7285. Practice fee
(a) The [Court of Veterans Appeals] Court of Appeals for
Veterans Claims may impose a periodic registration fee on
persons admitted to practice before the Court. The frequency
and amount of such fee shall be determined by the Court, except
that such amount may not exceed $30 per year.
* * * * * * *
[Sec. 7286. Judicial Conference of the Court of Veterans Appeals]
Sec. 7286. Judicial Conference of the Court of Appeals for Veterans
Claims
The Chief Judge of the [Court of Veterans Appeals] Court of
Appeals for Veterans Claims may summon the judges of the Court
to an annual judicial conference, at a time and place that the
Chief Judge designates, for the purpose of considering the
business of the Court and recommending means of improving the
administration of justice within the Court's jurisdiction. The
Court shall provide by its rules for representation and active
participation at such conference by persons admitted to
practice before the Court and by other persons active in the
legal profession.
SUBCHAPTER IV--DECISIONS AND REVIEW
[Sec. 7291. Date when United States Court of Veterans Appeals decision
becomes final]
Sec. 7291. Date when United States Court of Appeals for Veterans Claims
decision becomes final
(a) A decision of the United States [Court of Veterans
Appeals] Court of Appeals for Veterans Claims shall become
final upon the expiration of the time allowed for filing, under
section 7292 of this title, a notice of appeal from such
decision, if no such notice is duly filed within such time. If
such a notice is filed within such time, such a decision shall
become final--
(1) upon the expiration of the time allowed for
filing a petition for certiorari with the Supreme Court
of the United States, if the decision of the [Court of
Veterans Appeals] Court of Appeals for Veterans Claims
is affirmed or the appeal is dismissed by the United
States Court of Appeals for the Federal Circuit and no
petition for certiorari is duly filed;
(2) upon the denial of a petition for certiorari, if
the decision of the [Court of Veterans Appeals] Court
of Appeals for Veterans Claims is affirmed or the
appeal is dismissed by the United States Court of
Appeals for the Federal Circuit; or
(3) upon the expiration of 30 days from the date of
issuance of the mandate of the Supreme Court, if that
Court directs that the decision of the [Court of
Veterans Appeals] Court of Appeals for Veterans Claims
be affirmed or the appeal dismissed.
(b)(1) If the Supreme Court directs that the decision of
the [Court of Veterans Appeals] Court of Appeals for Veterans
Claims be modified or reversed, the decision of the [Court of
Veterans Appeals] Court of Appeals for Veterans Claims rendered
in accordance with the mandate of the Supreme Court shall
become final upon the expiration of 30 days from the time it
was rendered, unless within such 30 days either the Secretary
or the petitioner has instituted proceedings to have such
decision corrected to accord with the mandate, in which event
the decision of the [Court of Veterans Appeals] Court of
Appeals for Veterans Claims shall become final when so
corrected.
(2) If the decision of the [Court of Veterans Appeals]
Court of Appeals for Veterans Claims is modified or reversed by
the United States Court of Appeals for the Federal Circuit and
if--
(A) the time allowed for filing a petition for
certiorari has expired and no such petition has been
duly filed, or
(B) the petition for certiorari has been denied, or
(C) the decision of the United States Court of
Appeals for the Federal Circuit has been affirmed by
the Supreme Court,
then the decision of the [Court of Veterans Appeals] Court of
Appeals for Veterans Claims rendered in accordance with the
mandate of the United States Court of Appeals for the Federal
Circuit shall become final upon the expiration of 30 days from
the time such decision of the [Court of Veterans Appeals] Court
of Appeals for Veterans Claims was rendered, unless within such
30 days either the Secretary or the petitioner has instituted
proceedings to have such decision corrected so that it will
accord with the mandate, in whichevent the decision of the
[Court of Veterans Appeals] Court of Appeals for Veterans Claims shall
become final when so corrected.
(c) If the Supreme Court orders a rehearing, or if the case
is remanded by the United States Court of Appeals for the
Federal Circuit to the [Court of Veterans Appeals] Court of
Appeals for Veterans Claims for a rehearing, and if--
(1) the time allowed for filing a petition for
certiorari has expired and no such petition has been
duly filed, or
(2) the petition for certiorari has been denied, or
(3) the decision of the United States Court of
Appeals for the Federal Circuit has been affirmed by
the Supreme Court,
then the decision of the [Court of Veterans Appeals] Court of
Appeals for Veterans Claims rendered upon such rehearing shall
become final in the same manner as though no prior decision of
the [Court of Veterans Appeals] Court of Appeals for Veterans
Claims had been rendered.
* * * * * * *
Sec. 7292. Review by United States Court of Appeals for the Federal
Circuit
(a) After a decision of the United States [Court of
Veterans Appeals] Court of Appeals for Veterans Claims is
entered in a case, any party to the case may obtain a review of
the decision with respect to the validity of any statute or
regulation (other than a refusal to review the schedule of
ratings for disabilities adopted under section 1155 of this
title) or any interpretation thereof (other than a
determination as to a factual matter) that was relied on by the
Court in making the decision. Such a review shall be obtained
by filing a notice of appeal with the [Court of Veterans
Appeals] Court of Appeals for Veterans Claims within the time
and in the manner prescribed for appeals to United States
courts of appeals for United States district courts.
(b)(1) When a judge or panel of the [Court of Veterans
Appeals] Court of Appeals for Veterans Claims, in making an
order not otherwise appealable under this section, determines
that a controlling question of law is involved with respect to
which there is in fact a disagreement between the appellant and
the Secretary with respect to that question of law and that the
ultimate termination of the case may be materially advanced by
the immediate consideration of that question, the judge or
panel shall notify the chief judge of that determination. Upon
receiving such a notification, the chief judge shall certify
that such a question is presented, and any party to the case
may then petition the Court of Appeals for the Federal Circuit
to decide the question. That court may permit an interlocutory
appeal to be taken on that question if such a petition is filed
with it within 10 days after the certification by the chief
judge of the [Court of Veterans Appeals] Court of Appeals for
Veterans Claims. Neither the application for, nor the granting
of, an appeal under this paragraph shall stay proceedings in
the [Court of Veterans Appeals] Court of Appeals for Veterans
Claims, unless a stay is ordered by a judge of the Court of
Veterans Appeals or by the Court of Appeals for the Federal
Circuit.
(2) For purposes of subsections (d) and (e) of this
section, an order described in this paragraph shall be treated
as a decision of the [Court of Veterans Appeals] Court of
Appeals for Veterans Claims.
(d)(1) The Court of Appeals for the Federal Circuit shall
decide all relevant questions of law, including interpreting
constitutional and statutory provisions. The court shall hold
unlawful and set aside any regulation or any interpretation
thereof (other than a determination as to a factual matter)
that was relied upon in the decision of the [Court of Veterans
Appeals] Court of Appeals for Veterans Claims that the Court of
Appeals for the Federal Circuit finds to be--
(A) * * *
* * * * * * *
(e)(1) Upon such review, the Court of Appeals for the
Federal Circuit shall have power to affirm or, if the decision
of the [Court of Veterans Appeals] Court of Appeals for
Veterans Claims is not in accordance with law, to modify or
reverse the decision of the [Court of Veterans Appeals] Court
of Appeals for Veterans Claims or to remand the matter, as
appropriate.
(2) Rules for review of decisions of the [Court of Veterans
Appeals] Court of Appeals for Veterans Claims shall be those
prescribed by the Supreme Court under section 2072 of title 28.
* * * * * * *
SUBCHAPTER V--RETIREMENT AND SURVIVORS ANNUITIES
Sec. 7296. Retirement of judges
(a) For purposes of this section:
(1) The term ``Court'' means the United States [Court
of Veterans Appeals] Court of Appeals for Veterans
Claims.
* * * * * * *
(i)(1) Beginning with the next pay period after the
Director of the Office of Personnel Management receives a
notice under subsection (d) of this section that a judge has
elected to receive retired pay under this section, the Director
shall deduct and withhold 1 percent of the salary of such
judge. Amounts shall be so deducted and withheld in a manner
determined by the Director. Amounts deducted and withheld under
this subsection shall be deposited in the Treasury of the
United States to the credit of the [Court of Veterans Appeals]
Court of Appeals for Veterans Claims Judges Retirement Fund.
Deductions under this subsection from the salary of a judge
shall terminate upon the retirement of the judge or upon the
completion of 15 years of service for which either deductions
under this subsection or a deposit under subsection (j) of this
section has been made, whichever occurs first.
* * * * * * *
(k) The amounts deducted and withheld under subsection (i)
of this section, and the amounts deposited under subsection (j)
of this section, shall be deposited in the [Court of Veterans
Appeals] Court of Appeals for Veterans Claims Retirement Fund
for creditto individual accounts in the name of each judge from
who such amounts are received.
Sec. 7297. Survivor annuities
(a) For purposes of this section:
(a) The term ``Court'' means the United States [Court
of Veterans Appeals] Court of Appeals for Veterans
Claims.
* * * * * * *
[Sec. 7298. Court of Veterans Appeals Retirement Fund]
Sec. 7298. Court of Appeals for Veterans Claims Retirement Fund
(a) There is established in the Treasury a fund known as
the [Court of Veterans Appeals] Court of Appeals for Veterans
Claims Retirement Fund.
* * * * * * *
(d) The chief judge of the [Court of Veterans Appeals]
Court of Appeals for Veterans Claims shall submit to the
President an annual estimate of the expenditures and
appropriations necessary for the maintenance and operation of
the fund, and such supplemental and deficiency estimates as may
be required from time to time for the same purposes, according
to law.
* * * * * * *
PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
* * * * * * *
CHAPTER 81--ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY
FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL
PROPERTY
SUBCHAPTER I--ACQUISITION AND OPERATION OF MEDICAL FACILITIES
Sec.
8101. Definitions.
* * * * * * *
SUBCHAPTER V--ENHANCED-USE LEASES OF REAL PROPERTY
8161. Definitions.
* * * * * * *
[8168. Limitation on number of agreements.]
* * * * * * *
SUBCHAPTER V--ENHANCED-USE LEASES OR REAL PROPERTY
* * * * * * *
[Sec. 8168. Limitation on number of agreements
[(a) Not more than 20 enhanced-use leases may be entered
into under this subchapter, and not more than 10 such leases
may be entered into during any fiscal year.
[(b) An enhanced-use lease under which the primary use made
of the leased premises is the provision of child-care services
for employees of the Department shall not be counted for the
purposes of subsection (a).]
Sec. 8169. Expiration
The authority of the Secretary to enter into enhanced-use
leases under this subchapter expires on December 31, [1997]
2002.
* * * * * * *
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TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart D--Pay and Allowances
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
Associate Administrator of the National Aeronautics
and Space Administration.
* * * * * * *
Assistant Secretaries, Department of Veterans Affairs
[(6)] (7).
* * * * * * *
[Director of the National Cemetery System.]
* * * * * * *
Subpart G--Insurance and Annuities
* * * * * * *
CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
* * * * * * *
8401. Definitions.
8402. Federal Employees' Retirement System; exclusions.
* * * * * * *
[8440d. Judges of the United States Court of Veterans Appeals.]
8440d. Judges of the United States Court of Appeals for Veterans
Claims.
* * * * * * *
SUBCHAPTER III--THRIFT SAVINGS PLAN
* * * * * * *
[Sec. 8440d. Judges of the United States Court of Veterans Appeals]
Sec. 8440d. Judges of the United States Court of Appeals for Veterans
Claims
(a)(1) A judge of the United States [Court of Veterans
Appeals] Court of Appeals for Veterans Claims may elect to
contribute to the Thrift Savings Fund.
* * * * * * *
(b)(1) * * *
* * * * * * *
(5) Section 8433(b) of this title applies in the case of a
judge who elects to make contributions to the Thrift Savings
Fund and thereafter ceases to serve as a judge of the United
States [Court of Veterans Appeals] Court of Appeals for
Veterans Claims but does not retire under section 7296(b) of
title 38.
* * * * * * *
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SECTION 2412 OF TITLE 28, UNITED STATES CODE
Sec. 2412. Costs and fees
(a) * * *
* * * * * * *
(d)(1)(A) Except as otherwise specifically provided by
statute, a court shall award to a prevailing party other than
the United States fees and other expenses, in addition to any
costs awarded pursuant to subsection (a), incurred by that
party in any civil action (other than cases sounding in tort),
including proceedings for judicial review of agency action,
brought by or against the United States in any court having
jurisdiction of that action, unless the court finds that the
position of the United States was substantially justified or
that special circumstances make an award unjust.
* * * * * * *
(F) ``court'' includes the United States Court of Federal
Claims and the United States [Court of Veterans Appeals] Court
of Appeals for Veterans Claims;
* * * * * * *
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SECTION 906 OF TITLE 44, UNITED STATES CODE
Sec. 906. Congressional Record: gratuitous copies; delivery
The Public Printer shall furnish the Congressional Record
only as follows:
of the bound edition--
to the Senate Service Department five copies for the
Vice President and each Senator;
* * * * * * *
to each United States circuit and district judge, and
to the chief judge and each associate judge of the
United States Court of Federal Claims, the United
States Court of International Trade, the Tax Court of
the United States, the United States [Court of Veterans
Appeals] Court of Appeals for Veterans Claims, and the
United States Court of Appeals for the Armed Forces,
upon request to a member of Congress and notification
by the Member to the Printer, one copy of the daily, in
addition to those authorized to be furnished to Members
of Congress under the preceding provisions of this
section;
* * * * * * *
to the library of each United States Court of
Appeals, each United States District Court, the United
States Court of Federal Claims, the United States Court
of International Trade, the Tax Court of the United
States, the United States [Court of Veterans Appeals]
Court of Appeals for Veterans Claims, and the United
States Court of Appeals for the Armed Forces, upon
request to the Public Printer, one copy of the daily,
one semimonthly copy, and one bound copy;
* * * * * * *
SECTION 109 OF THE ETHICS IN GOVERNMENT ACT OF 1978
definitions
Sec. 109. For the purposes of this title, the term--
(1) ``congressional ethics committees'' means the
Select Committee on Ethics of the Senate and the
Committee on Standards of Official Conduct of the House
of Representatives;
* * * * * * *
(8) ``judicial employee'' means any employee of the
judicial branch of the Government, of the United States
Sentencing Commission, of the Tax Court, of the Claims
Court, of the [Court of Veterans Appeals] Court of
Appeals for Veterans Claims, or of the United States
Court of Appeals for the Armed Forces, who is not a
judicial officer and who is authorized to perform
adjudicatory functions with respect to proceedings in
the judicial branch, or who occupies a position for
which the rate of basic pay is equal to or greater than
120 percent of the minimum rate of basic pay payable
for GS-15 of the General Schedule;
* * * * * * *
(10) ``judicial officer'' means the Chief Justice of
the United States, the Associate Justices of the
Supreme Court, and the judges of the United States
courts of appeals, United States district courts,
including the district courts in the Guam, the Northern
Mariana Islands, and the Virgin Islands, Court of
Appeals for the Federal Circuit, Court of International
Trade, Tax Court, Claims Court [Court of Veterans
Appeals] Court of Appeals for Veterans Claims, United
States Court of Appeals for the Armed Forces, and any
court created by Act of Congress, the judges of which
are entitled to hold office during good behavior;
* * * * * * *