[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.
____________________