```

[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.
          * * * * * * *
                              ----------                              

                      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.
          * * * * * * *
                              ----------                              

              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;
          * * * * * * *
                              ----------                              

              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;
          * * * * * * *

                                

```