[Congressional Record Volume 142, Number 116 (Thursday, August 1, 1996)]
[Senate]
[Pages S9433-S9434]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                      By Mr. SIMPSON (by request):

  S. 2012. A bill to redesignate the title of the National Cemetery 
System and the position of the Director of the National Cemetery 
System; to the Committee on Veterans' Affairs.


              national cemetery administration legislation

  Mr. SIMPSON. Mr. President, as chairman of the Veterans' Affairs 
Committee, I have today introduced, at the request of the Secretary of 
Veterans Affairs, S. 2012, a bill to redesignate the National Cemetery 
System as the ``National Cemetery Administration,'' and to redesignate 
the position of Director, National Cemetery System as ``Assistant 
Secretary, Memorial Affairs.'' The Secretary of Veterans Affairs 
submitted this legislation to the President of the Senate by letter 
dated June 24, 1996.
  My introduction of this measure is in keeping with the policy which I 
have adopted of generally introducing--so that there will be specific 
bills to which my colleagues and others may direct their attention and 
comments--all administration-proposed draft legislation referred to the 
Veterans' Affairs Committee. Thus, I reserve the right to support or 
oppose the provisions of, as well as any amendment to, this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record, together with the transmittal letter.
  There being no objection, the materials were ordered to be printed in 
the Record, as follows:

                                S. 2012

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

     SECTION 1. REDESIGNATION OF TITLE OF NATIONAL CEMETERY 
                   SYSTEM.

       The title of the National Cemetery System of the Department 
     of Veterans Affairs is hereby redesignated as the National 
     Cemetery Administration.

     SEC. 2. REDESIGNATION OF POSITION OF DIRECTOR OF THE NATIONAL 
                   CEMETERY SYSTEM.

       The position of Director of the National Cemetery System of 
     the Department of Veterans Affairs is hereby redesignated as 
     Assistant Secretary for Memorial Affairs.

     SEC. 3. ASSISTANT SECRETARIES.

       Section 308(a) of title 38, United States Code, is amended 
     by--
       (a) in subsection (a) thereof, changing the period at the 
     end of the first sentence of that subsection to a comma and 
     adding the following at the end of that sentence: ``in 
     addition to the Assistant Secretary for Memorial Affairs'';
       (b) in subsection (b) thereof, by inserting ``other than 
     the Assistant Secretary for Memorial Affairs'' after 
     ``Assistant Secretaries''; and
       (c) in subsection (c) thereof, by inserting ``pursuant to 
     subsection (b)'' after ``Assistant Secretary''.

     SEC. 4. TITLE 38 CONFORMING AMENDMENTS.

       (a) Title 38, United States Code, is amended by striking 
     out ``director of the National Cemetery System'' each place 
     it appears (including in headings and tables) and inserting 
     in lieu thereof ``Assistant Secretary for Memorial Affairs''.
       (b) Section 301(c) of title 38, United States Code, is 
     amended by striking out ``System'' in subsection (c)(4) and 
     inserting in lieu thereof ``Administration''.
       (c) Section 307 of title 38, United States Code, is 
     amended--
       (1) by striking out ``a'' in the first sentence and 
     inserting in lieu thereof ``an'';

[[Page S9434]]

       (2) by striking out ``Director'' in the second sentence and 
     inserting in lieu thereof ``Assistant Secretary for Memorial 
     Affairs''; and
       (3) by striking out ``System'' in the second sentence and 
     inserting in lieu thereof ``Administration''.
       (d)(1) Section 2306(d) of title 38, United States Code, is 
     amended by striking out ``within the National Cemetery 
     System'' in the first sentence of subsection (d)(1) and 
     inserting in lieu thereof ``under the control of the National 
     Cemetery Administration''.
       (2) Section 2306(d) of title 38, United States Code, is 
     amended by striking out ``within the National Cemetery 
     System'' in subsection (d)(2) and inserting in lieu thereof 
     ``under the control of the National Cemetery 
     Administration''.
       (e)(1) The table of sections at the beginning of chapter 24 
     of title 38, United States Code, is amended by striking out 
     ``Establishment of National Cemetery System; composition of 
     such system; appointment of director.'' and inserting in lieu 
     thereof ``Establishment of National Cemetery Administration; 
     authority of such administration; appointment of Assistant 
     Secretary.''.
       (2) The heading of section 2400 of title 38, United States 
     Code, is amended by striking out ``Establishment of National 
     Cemetery System; composition of such system; appointment of 
     director'' and inserting in lieu thereof ``Establishment of 
     National Cemetery Administration; authority of such 
     administration; appointment of Assistant Secretary''.
       (3) Section 2400(a) of title 38, United States Code, is 
     amended by striking out ``shall be within the Department 
     a National Cemetery System'' in the first sentence and 
     inserting in lieu thereof ``is within the Department a 
     National Cemetery Administration responsible'' in the 
     first sentence and by striking out ``Such system'' in the 
     second sentence and inserting in lieu thereof ``The 
     National Cemetery Administration''.
       (4) Section 2400(b) of title 38, United States Code, is 
     amended by striking out ``The National Cemetery System'' and 
     inserting ``National cemeteries and other facilities under 
     the control of the National Cemetery Administration'' in lieu 
     thereof.
       (5) Section 2402 of title 38, United States Code, is 
     amended by striking out ``in the National Cemetery System'' 
     and inserting ``under the control of the National Cemetery 
     Administration'' in lieu thereof.
       (6) Section 2403(c) of title 38, United States Code, is 
     amended by striking out ``in the National Cemetery System 
     created by this chapter'' and inserting ``under the control 
     of the National Cemetery Administration'' in lieu thereof.
       (7) Section 2405(c) of title 38, United States Code, is 
     amended by striking out ``within the National Cemetery 
     System'' and inserting in lieu thereof ``under the control of 
     the National Cemetery Administration'' and by striking out 
     ``within such System'' and inserting in lieu thereof ``under 
     the control such Administration''.
       (8) Section 2408(c) of title 38, United States Code, is 
     amended by striking out ``in the National Cemetery System'' 
     in subsection (c)(1) and inserting ``under the control of the 
     National Cemetery Administration'' in lieu thereof.

     SEC. 5. EXECUTIVE SCHEDULE CONFORMING AMENDMENT.

       Section 5315 of title 5. United States Code, is amended by 
     striking out ``(6)'' following ``Assistant Secretaries, 
     Department of Veterans Affairs'' and inserting in lieu 
     thereof ``(7)'' and by striking out ``Director of the 
     National Cemetery System.''

     SEC. 6. REFERENCES IN OTHER LAWS.

       (a) Any reference to the National Cemetery System in any 
     Federal law, Executive order, rule, regulation, delegation of 
     authority, or document of or pertaining to the Department of 
     Veterans Affairs, which reference pertains to the 
     organization within that Department which controls the 
     Department's national cemeteries shall be deemed to refer to 
     the National Cemetery Administration.
       (b) Any reference to the Director of the National Cemetery 
     System in any Federal law, Executive order, rule, regulation, 
     delegation of authority, or document of or pertaining to the 
     Department of Veterans Affairs shall be deemed to refer to 
     the Assistant Secretary for Memorial Affairs.
                                                                    ____



                            The Secretary of Veterans Affairs,

                                    Washington, DC, June 24, 1996.
     Hon. Albert Gore,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: Transmittal herewith is a draft bill to 
     redesignate the National Cemetery System (NCS) as the 
     ``National Cemetery Administration'' and the Director of the 
     National Cemetery System as the ``Assistant Secretary for 
     Memorial Affairs.'' The legislation would elevate the NCS to 
     the same organizational status within the Department of 
     Veterans Affairs (VA) as the Veterans Health Administration 
     (VHA) and the Veterans Benefits Administration (VBA). I 
     request that this draft bill be referred to the appropriate 
     committee for prompt consideration and enactment.
       On March 15, 1989, the Veterans' Administration was 
     redesignated as the Department of Veterans Affairs and 
     elevated to cabinet-level status as an executive department. 
     At that time, two of the three VA components that administer 
     veterans' programs were also redesignated. The Department of 
     Medicine and Surgery was redesignated as the Veterans Health 
     Services and Research Administration (now the Veterans Health 
     Administration) and the Department of Veterans' Benefits was 
     redesignated as the Veterans Benefits Administration. The 
     designation of the third program component, the National 
     Cemetery System, was not changed.
       On October 9, 1992, the title of the Chief Medical 
     Director, the head of the Veterans Health Administration, was 
     redesignated as the Under Secretary for Health and the title 
     of the Chief Benefits Director was redesignated as the Under 
     Secretary for Benefits. The title of the Director of the 
     National Cemetery System was not changed.
       The NCS was established on June 18, 1973, in accordance 
     with the National Cemeteries Act of 1973, Pub. L. No. 93-43, 
     Sec. 2(a), 87 Stat. 75. The fourfold mission of the NCS is: 
     (1) to provide for the interment in national cemeteries of 
     the remains of deceased veterans, their spouses, and certain 
     other dependents and to permanently maintain their graves; 
     (2) to mark the graves of eligible persons buried in 
     national, state, and private cemeteries; (3) to administer 
     the State Cemetery Grants Program to aid states in 
     establishing, expanding, or improving state veterans' 
     cemeteries; and, (4) to administer the Presidential Memorial 
     Certificate Program.
       NCS is the only one of the three VA components responsible 
     for delivering benefits to veterans and their dependents that 
     is referred to as a ``System'' rather than an 
     ``Administration.'' The proposed redesignation ``National 
     Cemetery Administration'' would more accurately recognize 
     NCS' status as a benefit-delivery administration.
       Section 307 of title 38, United States Code, establishes 
     the position of Director of the National Cemetery System. The 
     present position title implies that the Director's 
     responsibility is limited to management of the system of 
     national cemeteries and does not adequately reflect the 
     responsibilities associated with the fourfold mission of the 
     NCS. The proposed redesignation ``Assistant Secretary for 
     Memorial Affairs'' would assure that the position receives 
     the status commensurate with its responsibilities. The 
     redesignation would not affect the duties and 
     responsibilities of the position, which would remain the 
     same.
       Section 308(a) of title 38, United States Code, provides 
     that VA shall have no more than six Assistant Secretaries. 
     Under the draft bill, the position of Assistant Secretary for 
     Memorial Affairs, so designated in section 307, would not be 
     counted as one of the six Assistant Secretary positions 
     referred to in section 308(a).
       Currently, the salary level for the NCS Director is set by 
     statute at Executive Level IV. The salary level for the other 
     VA Assistant Secretary positions is also set at Executive 
     Level IV. The proposed redesignation of the NCS Director as 
     the Assistant Secretary for Memorial Affairs would not affect 
     the salary level of the position, which would remain at 
     Executive Level IV.
       Although the proposed redesignation would require changes 
     in some forms and publications, we contemplate making these 
     changes as the documents are reordered or revised. For this 
     reason, and because the Director's salary level would not 
     change, no costs or savings are associated with this 
     proposal.
       The Office of Management and Budget has advised that there 
     is no objection to the submission of this draft bill from the 
     standpoint of the Administration's program.
           Sincerely yours,
                                                      Jesse Brown.
                                 ______