[Congressional Record Volume 150, Number 101 (Tuesday, July 20, 2004)]
[House]
[Pages H6076-H6078]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PRINCIPAL OFFICE OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS 
  AND SENSE OF CONGRESS REGARDING NEW VETERANS COURTHOUSE AND JUSTICE 
                                 CENTER

  Mr. SMITH of New Jersey. Madam Speaker, I move to suspend the rules 
and pass the bill (H.R. 3936) to amend title 38, United States Code, to 
authorize the principal office of the United States Court of Appeals 
for Veterans Claims to be at any location in the Washington, D.C., 
metropolitan area, rather than only in the District of Columbia, and 
expressing the sense of Congress that a dedicated Veterans Courthouse 
and Justice Center should be provided for that Court and those it 
serves and should be located, if feasible, at a site owned by the 
United States that is part of or proximate to the Pentagon Reservation, 
and for other purposes.
  The Clerk read as follows:

                               H.R. 3936

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

     SECTION 1. PRINCIPAL OFFICE OF UNITED STATES COURT OF APPEALS 
                   FOR VETERANS CLAIMS.

       Section 7255 of title 38, United States Code, is amended by 
     striking ``District of Columbia'' and inserting ``Washington, 
     D.C., metropolitan area''.

     SEC. 2. FINDINGS AND SENSE OF CONGRESS REGARDING NEW VETERANS 
                   COURTHOUSE AND JUSTICE CENTER.

       (a) Findings.--Congress makes the following findings:
       (1) Every Article I court of the United States other than 
     the United States Court of Appeals for Veterans Claims is 
     located in a dedicated courthouse.
       (2) The United States Court of Appeals for Veterans Claims 
     has since its creation in 1988 been located in a commercial 
     office building in the District of Columbia.
       (3) That court should be housed in a dedicated courthouse, 
     as are all other Article I courts.
       (4) A dedicated courthouse for that court constituting a 
     Veterans Courthouse and Justice Center would express the 
     gratitude and respect of the Nation for the sacrifices of 
     those serving and those who have served in the Armed Forces, 
     and their families.
       (5) Location of such a courthouse and judicial center in an 
     area proximate to the Pentagon, Arlington National Cemetery, 
     and the Air Force Memorial (as planned) in Arlington, 
     Virginia would be symbolically significant of the high esteem 
     that the Nation holds for its veterans.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) a dedicated Veterans Courthouse and Justice Center 
     should be provided for the United States Court of Appeals for 
     Veterans Claims; and
       (2) the Secretary of Defense, in cooperation with the 
     United States Court of Appeals for Veterans Claims, the 
     Secretary of Veterans

[[Page H6077]]

     Affairs, and the Administrator of General Services, should 
     determine the feasibility of locating such a Veterans 
     Courthouse and Justice Center at an appropriate site owned by 
     the United States that is part of or proximate to the 
     Pentagon Reservation in Arlington, Virginia.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense, the 
     Secretary of Veterans Affairs, and the Administrator of 
     General Services shall submit to the Committees on Veterans' 
     Affairs and the Committees on Armed Services of the Senate 
     and House of Representatives a joint report on the 
     feasibility of locating a new Veterans Courthouse and Justice 
     Center at an appropriate site owned by the United States that 
     is part of or proximate to the Pentagon Reservation in 
     Arlington, Virginia.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from Maine (Mr. Michaud) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).

                              {time}  1730

  Mr. SMITH of New Jersey. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I rise in strong support of H.R. 3936, a bill to 
authorize the U.S. Court of Appeals for Veterans Claims, now located in 
commercial office space in the District of Columbia, to seek a new 
location in the greater national capital region. This bill would also 
express the sense of Congress that a dedicated Veterans Courthouse and 
Justice Center should be provided for the court and the veterans it 
serves. It should be located, or would be located, if feasible, next to 
Interstate Highway 395 on one of three small parking lots that are part 
of the Pentagon Reservation in Arlington, Virginia.
  The Court of Appeals for Veterans Claims was created by statute in 
1988 as an independent article I judicial tribunal that for the first 
time gave our Nation's veterans the right to judicial review of 
benefits decisions on their disability, pension, education and other 
claims. It should, like all other article I courts, have a permanent 
courthouse.
  In addition to the court, occupants of the new courthouse would be 
representatives of veterans that regularly practice before the court, 
for example, the Veterans Consortium Pro Bono Program, the National 
Veterans Legal Services Program, and the appellate attorneys of 
veterans service organizations. The court and the offices of its 
constituents pay over $3.7 million per year for their rent. The General 
Services Administration anticipates that the court's rental costs will 
increase substantially in the not-too-distant future. Therefore, the 
committee believes that it would be desirable to relocate the court on 
a government-owned site if possible.
  H.R. 3936 would also require the Secretary of Defense and the 
Secretary of Veterans Affairs and the Administrator of General Services 
to submit a joint report to the House and Senate Committees on Armed 
Services and Veterans' Affairs on the feasibility of locating a new 
Veterans Courthouse and Justice Center at an appropriate site owned by 
the U.S. that is part of or near the Pentagon Reservation.
  Madam Speaker, we have veterans or their survivors from all of the 
wars in which our country fought in the 20th century, and we are now 
engaged in a global war on terrorism. I cannot imagine a better use for 
one of the present parking lots near the Pentagon than a stand-alone 
dedicated Veterans Courthouse and Justice Center to embody the 
gratitude and the respect this Nation has for these men and women who 
have served and are serving their country so well.
  Madam Speaker, I reserve the balance of my time.
  Mr. MICHAUD. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, first of all, I would like to thank the gentleman from 
New Jersey (Mr. Smith), the chairman of the full committee, and the 
gentleman from Illinois (Mr. Evans), our ranking member, as well as our 
chairman of the Subcommittee on Benefits, the gentleman from South 
Carolina (Mr. Brown), for their work in bringing this bill before the 
House this afternoon.
  H.R. 3936 will honor our veterans by supporting the establishment of 
a dedicated courthouse for the United States Courts of Appeal For 
Veterans Claims in the greater Washington, D.C. area. It is strongly 
supported by Members from both sides of the aisle.
  H.R. 3936 shows support for our Nation's veterans, especially those 
who must avail themselves of a Federal court system in order to obtain 
the benefits that they have earned by military service. I hope that by 
establishing a separate, dedicated courthouse for veterans' claims, 
there will ease any confusion veterans may have about the role of this 
court as part of the Federal judicial system, and not part of the VA, 
and that this will streamline and facilitate the adjudication process.
  The establishment of this courthouse will also improve the security 
of the court. The events of September 11, 2001, have made clear the 
need for appropriate security in government buildings. The Court of 
Appeals for Veterans Claims is currently located above a parking area 
which creates a serious security risk. This bill recommends a location 
for the court on land near the Pentagon. I believe this is an 
appropriate site.
  H.R. 3936 is a bill which deserves the support of all Members of this 
House, and I urge them to do so.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. SMITH of New Jersey. Madam Speaker, I ask unanimous consent to 
insert in the Record a letter from the Committee on Armed Services and 
an additional letter concerning H.R. 3936.
  The SPEAKER pro tempore (Mrs. Biggert). Is there objection to the 
request of the gentleman from New Jersey?
  There was no objection.

                                      Committee on Armed Services,


                                U.S. House of Representatives,

                                    Washington, DC, June 21, 2004.
      Hon. Christopher Smith,
      Chairman, Committee on Veterans' Affairs, U.S. House of 
         Representatives, Washington, DC.
        Dear Mr. Chairman: I am writing to you concerning the 
     jurisdictional interest of the Committee on Armed Services in 
     matters being considered in H.R. 3936, a bill to amend title 
     38, United States Code, to authorize the principal office of 
     the United States Court of Appeals for Veterans Claims to be 
     at any location in the Washington, DC, metropolitan area, 
     rather than only in the District of Columbia, and expressing 
     the sense of Congress that a dedicated Veterans Courthouse 
     and Justice Center should be provided for that Court and 
     those it serves and should be located, if feasible, at a site 
     owned by the United States that is part of or proximate to 
     the Pentagon Reservation, and for other purposes.
        Our Committee recognizes the importance of H.R. 3936 and 
     the need for the legislation to move expeditiously. 
     Therefore, while we have a valid claim to jurisdiction over a 
     number of provisions of the bill, I do not intend to request 
     a sequential referral. This, of course, is conditional on our 
     mutual understanding that nothing in this legislation or my 
     decision to forego a sequential referral waives, reduces or 
     otherwise affects the jurisdiction of the Committee on Armed 
     Services.
        Additionally, the Committee on Armed Services asks that 
     you support our request to be conferees on the provisions 
     over which we have jurisdiction during any House-Senate 
     conference. The Committee also asks that this letter and the 
     Committee on Veterans' Affairs response be included in the 
     Congressional Record.
        With best wishes.
            Sincerely,
                                                    Duncan Hunter,
      Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Veterans' Affairs,

                                    Washington, DC, June 25, 2004.
     Hon. Duncan Hunter,
     Chairman, Committee on Armed Services, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Mr. Chairman: Thank you for your letter of June 21, 
     2004, regarding the jurisdictional interest of the Committee 
     on Armed Services in the bill H.R. 3936, to authorize the 
     principal office of the U.S. Court of Appeals for Veterans 
     Claims to be at any location in the Washington, D.C. 
     metropolitan area, rather than only in the District of 
     Columbia, and expressing the sense of Congress that a 
     dedicated Veterans Courthouse and Justice Center should be 
     provided for that Court and those it serves and should be 
     located, if feasible, at a site owned by the United States 
     that is part of or proximate to the Pentagon Reservation, and 
     for other purposes. This bill was referred primarily to the 
     Committee on Veterans' Affairs and additionally to the 
     Committee on Armed Services.
       Your willingness to forego a sequential referral to 
     expedite House consideration of H.R. 3936 is most 
     appreciated. I recognize that the Committee on Armed Services 
     has a valid claim to jurisdiction over certain provisions of 
     the bill, and this decision to forego sequential referral is 
     not construed by the Committee on Veterans' Affairs as 
     affecting

[[Page H6078]]

     the jurisdiction of the Committee on Armed Services over the 
     bill or as a precedent for other bills. In addition, if a 
     conference on H.R. 3936 should become necessary, I will 
     support any request by you for the Committee on Armed 
     Services to be represented on the conference. Finally, 
     because the bill report was submitted on June 9, 2004, I will 
     include your letter and this reply in the Congressional 
     Record during House consideration of H.R. 3936.
       Thank you for your cooperation on this matter of interest 
     to both of our committees, and I look forward to working with 
     you again on other matters.
           Sincerely,
                                             Christopher H. Smith,
                                                         Chairman.


                             General Leave

  Mr. SMITH of New Jersey. Madam Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on H.R. 3936.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SMITH of New Jersey. Madam Speaker, I yield myself such time as I 
may consume.
  I want to thank the gentleman from South Carolina (Mr. Brown) and the 
ranking member, the gentleman from Maine (Mr. Michaud), of the 
Subcommittee on Benefits for their strong support and work in crafting 
this legislation; and to my good friend, the gentleman from Illinois 
(Mr. Evans), the ranking member on the full committee.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Smith) that the House suspend the rules 
and pass the bill, H.R. 3936.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________