[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1092 Reported in House (RH)]





                                                  Union Calendar No. 33

105th CONGRESS

  1st Session

                               H. R. 1092

                          [Report No. 105-47]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             April 9, 1997

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed





                                                  Union Calendar No. 33
105th CONGRESS
  1st Session
                                H. R. 1092

                          [Report No. 105-47]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 1997

 Mr. Stump (for himself and Mr. Evans) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

                             April 9, 1997

     Additional sponsors: Mr. Smith of New Jersey, Mr. Kennedy of 
 Massachusetts, Mr. Bilirakis, Mr. Filner, Mr. Spence, Mr. Gutierrez, 
 Mr. Everett, Mr. Clyburn, Mr. Buyer, Ms. Brown of Florida, Mr. Quinn, 
   Mr. Doyle, Mr. Bachus, Mr. Mascara, Mr. Stearns, Mr. Peterson of 
   Minnesota, Mr. Dan Schaefer of Colorado, Ms. Carson, Mr. Moran of 
    Kansas, Mr. Reyes, Mr. Cooksey, Mr. Snyder, Mr. Hutchinson, Mr. 
Hayworth, Mrs. Chenoweth, Mr. LaHood, Mr. Fox of Pennsylvania, and Mrs. 
                                Thurman.

                             April 9, 1997

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 38, United States 
Code.

 TITLE I--ENHANCED-USE LEAS- ES OF DEPARTMENT OF VETERANS AFFAIRS REAL 
                                PROPERTY

SEC. 101. EXPANSION OF AUTHORITY FOR ENHANCED-USE LEASES OF DEPARTMENT 
              OF VETERANS AFFAIRS REAL PROPERTY.

    (a) Five-Year Extension of Authority.--Section 8169 is amended by 
striking out ``December 31, 1997'' and inserting in lieu thereof 
``December 31, 2002''.
    (b) Repeal of Limitation on Number of Agreements.--(1) Section 8168 
is repealed.
    (2) The table of sections at the beginning of chapter 81 is amended 
by striking out the item relating to section 8168.

                     TITLE II--RENAMING PROVISIONS

SEC. 201. RENAMING OF THE COURT OF VETERANS APPEALS.

    (a) In General.--(1) The United States Court of Veterans Appeals 
shall hereafter be known and designated as the United States Court of 
Appeals for Veterans Claims.
    (2) Section 7251 is amended by striking out ``United States Court 
of Veterans Appeals'' and inserting in lieu thereof ``United States 
Court of Appeals for Veterans Claims''.
    (b) Conforming Amendments.--
            (1) The following sections are amended by striking out 
        ``Court of Veterans Appeals'' each place it appears and 
        inserting in lieu thereof ``Court of Appeals for Veterans 
        Claims'': sections 5904, 7101(b), 7252(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.
            (2)(A)(i) The heading of section 7286 is amended to read as 
        follows:
``Sec. 7286. Judicial Conference of the Court of Appeals for Veterans 
              Claims''.
            (ii) The item relating to section 7286 in the table of 
        sections at the beginning of chapter 72 is amended to read as 
        follows:

``7286. Judicial Conference of the Court of Appeals for Veterans 
                            Claims.''.
            (B)(i) The heading of section 7291 is amended to read as 
        follows:
``Sec. 7291. Date when United States Court of Appeals for Veterans 
              Claims decision becomes final''.
            (ii) The item relating to section 7291 in the table of 
        sections at the beginning of chapter 72 is amended to read as 
        follows:

``7291. Date when United States Court of Appeals for Veterans Claims 
                            decision becomes final.''.
            (C)(i) The heading of section 7298 is amended to read as 
        follows:
``Sec. 7298. Court of Appeals for Veterans Claims Retirement Fund''.
            (ii) The item relating to section 7298 in the table of 
        sections at the beginning of chapter 72 is amended to read as 
        follows:

``7298. Court of Appeals for Veterans Claims Retirement Fund.''.
            (3) The item relating to chapter 72 in the table of 
        chapters at the beginning of title 38 and the item relating to 
        such chapter in the table of chapters at the beginning of part 
        V are amended to read as follows:

 ``72.  United States Court of Appeals for Veterans Claims      7251''.
    (c) Conforming Amendments to Other Laws.--
            (1) The following provisions of law are amended by striking 
        out ``Court of Veterans Appeals'' each place it appears and 
        inserting in lieu thereof ``Court of Appeals for Veterans 
        Claims'':
                    (A) Section 8440d of title 5, United States Code.
                    (B) Section 2412 of title 28, United States Code.
                    (C) Section 906 of title 44, United States Code.
                    (D) Section 109 of the Ethics in Government Act of 
                1978 (5 U.S.C. App.).
            (2)(A) The heading of section 8440d of title 5, United 
        States Code, is amended to read as follows:
``Sec. 8440d. Judges of the United States Court of Appeals for Veterans 
              Claims''.
            (B) The item relating to such section in the table of 
        sections at the beginning of chapter 84 of such title is 
        amended to read as follows:

``8440d. Judges of the United States Court of Appeals for Veterans 
                            Claims.''.
    (d) Other Legal References.--Any reference in a law, regulation, 
document, paper, or other record of the United States to the United 
States Court of Veterans Appeals shall be deemed to be a reference to 
the United States Court of Appeals for Veterans Claims.

SEC. 202. REDESIGNATION OF NATIONAL CEMETERY SYSTEM.

    (a) Redesignation as National Cemetery Administration.--(1) The 
National Cemetery System of the Department of Veterans Affairs shall 
hereafter be known and designated as the National Cemetery 
Administration. The position of Director of the National Cemetery 
System is hereby redesignated as Assistant Secretary of Veterans 
Affairs for Memorial Affairs.
    (2) Section 301(c)(4) is amended by striking out ``National 
Cemetery System'' and inserting in lieu thereof ``National Cemetery 
Administration''.
    (3) Section 307 of such title is amended--
            (A) in the first sentence, by striking out ``a Director of 
        the National Cemetery System'' and inserting in lieu thereof 
        ``an Assistant Secretary for Memorial Affairs''; and
            (B) in the second sentence, by striking out ``The 
        Director'' and all that follows through ``National Cemetery 
        System'' and inserting in lieu thereof ``The Assistant 
        Secretary is the head of the National Cemetery 
        Administration''.
    (b) Conforming Amendments.--
            (1)(A) The heading of section 307 is amended to read as 
        follows:
``Sec. 307. Assistant Secretary for Memorial Affairs''.
            (B) The item relating to section 307 in the table of 
        sections at the beginning of chapter 3 is amended to read as 
        follows:

``307. Assistant Secretary for Memorial Affairs.''.
            (2) Section 308 is amended--
                    (A) in subsection (a), by inserting before the 
                period at the end of the first sentence ``, in addition 
                to the Assistant Secretary for Memorial Affairs'';
                    (B) in subsection (b), by inserting ``other than 
                the Assistant Secretary for Memorial Affairs'' after 
                ``Assistant Secretaries''; and
                    (C) in subsection (c), by inserting ``pursuant to 
                subsection (b)'' after ``Assistant Secretary''.
            (3) Section 2306(d) is amended by striking out ``within the 
        National Cemetery System'' each place such term appears and 
        inserting in lieu thereof ``under the control of the National 
        Cemetery Administration''.
            (4) Section 2400 is amended--
                    (A) in subsection (a)--
                            (i) by striking out ``National Cemetery 
                        System'' and inserting in lieu thereof 
                        ``National Cemetery Administration 
                        responsible''; and
                            (ii) in the second sentence, by striking 
                        out ``Such system'' and all that follows 
                        through ``National Cemetery System'' and 
                        inserting in lieu thereof ``The National 
                        Cemetery Administration shall be headed by the 
                        Assistant Secretary for Memorial Affairs'';
                    (B) in subsection (b), by striking out ``National 
                Cemetery System'' and inserting in lieu thereof 
                ``national cemeteries and other facilities under the 
                control of the National Cemetery Administration''; and
                    (C) by amending the heading to read as follows:
``Sec. 2400. Establishment of National Cemetery Administration; 
              composition of Administration''.
            (5) The item relating to section 2400 in the table of 
        sections at the beginning of chapter 24 is amended to read as 
        follows:

``2400. Establishment of National Cemetery Administration; composition 
                            of Administration.''.
            (6) Section 2402 is amended in the matter preceding 
        paragraph (1) by striking out ``in the National Cemetery 
        System'' and inserting in lieu thereof ``under the control of 
        the National Cemetery Administration''.
            (7) Section 2403(c) is amended by striking out ``in the 
        National Cemetery System created by this chapter'' and 
        inserting in lieu thereof ``under the control of the National 
        Cemetery Administration''.
            (8) Section 2405(c) is amended--
                    (A) by striking out ``within the National Cemetery 
                System'' and inserting in lieu thereof ``under the 
                control of the National Cemetery Administration''; and
                    (B) by striking out ``within such System'' and 
                inserting in lieu thereof ``under the control of such 
                Administration''.
            (9) Section 2408(c)(1) is amended by striking out ``in the 
        National Cemetery System'' and inserting in lieu thereof 
        ``under the control of the National Cemetery Administration''.
            (10) Section 5315 of title 5, United States Code, is 
        amended--
                    (A) by striking out ``(6)'' after ``Assistant 
                Secretaries, Department of Veterans Affairs'' and 
                inserting in lieu thereof ``(7)''; and
                    (B) by striking out ``Director of the National 
                Cemetery System.''.
    (c) Savings Provisions.--
            (1) Any reference in a law, map, regulation, document, 
        paper, or other record of the United States to the National 
        Cemetery System shall be deemed to be a reference to the 
        National Cemetery Administration.
            (2) Any reference in a law, map, regulation, document, 
        paper, or other record of the United States to the Director of 
        the National Cemetery System shall be deemed to be a reference 
        to the Assistant Secretary of Veterans Affairs for Memorial 
        Affairs.
    (d) Initial Appointment.--The initial appointment of an individual 
to the position of Assistant Secretary of Veterans Affairs for Memorial 
Affairs may be made by the President alone if the individual appointed 
is the individual who was serving as the Director of the National 
Cemetery System on the day before the date of the enactment of this 
Act.

      TITLE III--CODIFICATION OF PRIOR COMPENSATION RATE INCREASES

SEC. 301. DISABILITY COMPENSATION.

    Section 1114 is amended--
            (1) by striking out ``$87'' in subsection (a) and inserting 
        in lieu thereof ``$94'';
            (2) by striking out ``$166'' in subsection (b) and 
        inserting in lieu thereof ``$179'';
            (3) by striking out ``$253'' in subsection (c) and 
        inserting in lieu thereof ``$274'';
            (4) by striking out ``$361'' in subsection (d) and 
        inserting in lieu thereof ``$391'';
            (5) by striking out ``$515'' in subsection (e) and 
        inserting in lieu thereof ``$558'';
            (6) by striking out ``$648'' in subsection (f) and 
        inserting in lieu thereof ``$703'';
            (7) by striking out ``$819'' in subsection (g) and 
        inserting in lieu thereof ``$887'';
            (8) by striking out ``$948'' in subsection (h) and 
        inserting in lieu thereof ``$1,028'';
            (9) by striking out ``$1,067'' in subsection (i) and 
        inserting in lieu thereof ``$1,157'';
            (10) by striking out ``$1,774'' in subsection (j) and 
        inserting in lieu thereof ``$1,924'';
            (11) in subsection (k)--
                    (A) by striking out ``$70'' each place it appears 
                and inserting in lieu thereof ``$74''; and
                    (B) by striking out ``$2,207'' and ``$3,093'' and 
                inserting in lieu thereof ``$2,393'' and ``$3,356'', 
                respectively;
            (12) by striking out ``$2,207'' in subsection (l) and 
        inserting in lieu thereof ``$2,393'';
            (13) by striking out ``$2,432'' in subsection (m) and 
        inserting in lieu thereof ``$2,639'';
            (14) by striking out ``$2,768'' in subsection (n) and 
        inserting in lieu thereof ``$3,003'';
            (15) by striking out ``$3,093'' each place it appears in 
        subsections (o) and (p) and inserting in lieu thereof 
        ``$3,356'';
            (16) by striking out ``$1,328'' and ``$1,978'' in 
        subsection (r) and inserting in lieu thereof ``$1,441'' and 
        ``$2,145'', respectively; and
            (17) by striking out ``$1,985'' in subsection (s) and 
        inserting in lieu thereof ``$2,154''.

SEC. 302. ADDITIONAL COMPENSATION FOR DEPENDENTS.

    Section 1115(1) is amended--
            (1) by striking out ``$105'' in clause (A) and inserting in 
        lieu thereof ``$112'';
            (2) by striking out ``$178'' and ``$55'' in clause (B) and 
        inserting in lieu thereof ``$191'' and ``$59'', respectively;
            (3) by striking out ``$72'' and ``$55'' in clause (C) and 
        inserting in lieu thereof ``$77'' and ``$59'', respectively;
            (4) by striking out ``$84'' in clause (D) and inserting in 
        lieu thereof ``$91'';
            (5) by striking out ``$195'' in clause (E) and inserting in 
        lieu thereof ``$211''; and
            (6) by striking out ``$164'' in clause (F) and inserting in 
        lieu thereof ``$177''.

SEC. 303. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.

    Section 1162 is amended by striking out ``$478'' and inserting in 
lieu thereof ``$518.''

SEC. 304. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES.

    Section 1311 is amended--
            (1) in subsection (a)(1), by striking out ``$769'' and 
        inserting in lieu thereof ``$833'';
            (2) in subsection (a)(2), by striking out ``$169'' and 
        inserting in lieu thereof ``$182'';
            (3) in subsection (a)(3), by striking out the table therein 
        and inserting in lieu thereof the following:


                                                                        
    ``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.'';                                                   

            (4) in subsection (b), by striking out ``$100 for each such 
        child'' and all that follows through ``thereafter'' and 
        inserting in lieu thereof ``$211 for each such child'';
            (5) in subsection (c), by striking out ``$195'' and 
        inserting in lieu thereof ``$211''; and
            (6) in subsection (d), by striking out ``$95'' and 
        inserting in lieu thereof ``$102''.

SEC. 305. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.

    (a) DIC for Orphan Children.--Section 1313(a) is amended--
            (1) by striking out ``$327'' in clause (1) and inserting in 
        lieu thereof ``$354'';
            (2) by striking out ``$471'' in clause (2) and inserting in 
        lieu thereof ``$510'';
            (3) by striking out ``$610'' in clause (3) and inserting in 
        lieu thereof ``$662''; and
            (4) by striking out ``$610'' and ``$120'' in clause (4) and 
        inserting in lieu thereof ``$662'' and ``$130'', respectively.
    (b) Supplemental DIC for Disabled Adult Children.--Section 1314 is 
amended--
            (1) by striking out ``$195'' in subsection (a) and 
        inserting in lieu thereof ``$211'';
            (2) by striking out ``$327'' in subsection (b) and 
        inserting in lieu thereof ``$354''; and
            (3) by striking out ``$166'' in subsection (c) and 
        inserting in lieu thereof ``$179''.

SEC. 306. EFFECTIVE DATE.

    The amendments made by this title shall take effect as of December 
1, 1996.