IIA
105TH CONGRESS
1ST SESSION
H. R. 1092
IN THE SENATE OF THE UNITED STATES
APRIL 17, 1997
Received; read twice and referred to the Committee on Veterans’ AffairsMr.
introduced the following bill; which was referred to the Committee on
AN ACT
To amend title 38, United States Code, to extend the author-
ity 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 Representa-
tives 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 provi-
sion, 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 VET-
ERANS AFFAIRS REAL PROP-
ERTY
SEC. 101. EXPANSION OF AUTHORITY FOR ENHANCED-USE
LEASES OF DEPARTMENT OF VETERANS AF-
FAIRS REAL PROPERTY.
(a) FIVE-YEAR EXTENSION OF AUTHORITY.—Sec-
tion 8169 is amended by striking out ‘‘December 31,
1997’’ and inserting in lieu thereof ‘‘December 31, 2002’’.
(b) REPEAL OF LIMITATION ON NUMBER OF AGREE-
MENTS.—(1) Section 8168 is repealed.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 AP-
PEALS.
(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:
‘‘§ 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:
‘‘§ 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:
‘‘§ 7298. Court of Appeals for Veterans Claims Retire-
ment 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 fol-
lows:
‘‘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 Govern-
ment 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:
‘‘§ 8440d. Judges of the United States Court of Ap-
peals 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 Ap-
peals shall be deemed to be a reference to the United
States Court of Appeals for Veterans Claims.
SEC. 202. REDESIGNATION OF NATIONAL CEMETERY SYS-
TEM.
(a) REDESIGNATION AS NATIONAL CEMETERY AD-
MINISTRATION.—(1) The National Cemetery System of
the Department of Veterans Affairs shall hereafter be
known and designated as the National Cemetery Adminis-
tration. 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 Di-
rector of the National Cemetery System’’ and insert-
ing in lieu thereof ‘‘an Assistant Secretary for Me-
morial Affairs’’; and
(B) in the second sentence, by striking out
‘‘The Director’’ and all that follows through ‘‘Na-
tional Cemetery System’’ and inserting in lieu there-
of ‘‘The Assistant Secretary is the head of the Na-
tional Cemetery Administration’’.
(b) CONFORMING AMENDMENTS.—
(1)(A) The heading of section 307 is amended
to read as follows:
‘‘§ 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 Memo-
rial Affairs’’;
(B) in subsection (b), by inserting ‘‘other
than the Assistant Secretary for Memorial Af-
fairs’’ after ‘‘Assistant Secretaries’’; and
(C) in subsection (c), by inserting ‘‘pursu-
ant to subsection (b)’’ after ‘‘Assistant Sec-
retary’’.
(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 Admin-
istration’’.
(4) Section 2400 is amended—
(A) in subsection (a)—
(i) by striking out ‘‘National Ceme-
tery System’’ and inserting in lieu thereof
‘‘National Cemetery Administration re-
sponsible’’; 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 ‘‘Na-
tional Cemetery System’’ and inserting in lieu
thereof ‘‘national cemeteries and other facilities
under the control of the National Cemetery Ad-
ministration’’; and
(C) by amending the heading to read as
follows:
‘‘§ 2400. Establishment of National Cemetery Admin-
istration; 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 Ad-
ministration.’’.
(6) Section 2402 is amended in the matter pre-
ceding paragraph (1) by striking out ‘‘in the Na-
tional Cemetery System’’ and inserting in lieu there-
of ‘‘under the control of the National Cemetery Ad-
ministration’’.
(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 insert-
ing in lieu thereof ‘‘under the control of the National
Cemetery Administration’’.
(10) Section 5315 of title 5, United States
Code, is amended—