[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1074 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1074

 To amend title 38, United States Code, to enhance burial benefits for 
                   veterans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2003

  Mr. Specter introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to enhance burial benefits for 
                   veterans, 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. SHORT TITLE.

    This Act may be cited as the ``Veterans' Burial Benefits 
Enhancement Act of 2003''.

SEC. 2. MODIFICATION OF ELIGIBILITY OF STATES FOR BURIAL PLOT 
              ALLOWANCE.

    (a) In General.--Section 2303(b) of title 38, United States Code, 
is amended--
            (1) in the matter preceding paragraph (1), by striking ``a 
        burial allowance under such section 2302, or under such 
        subsection, who was discharged from the active military, naval, 
        or air service for a disability incurred or aggravated in line 
        of duty, or who is a veteran of any war'' and inserting 
        ``burial in a national cemetery under section 2402 of this 
        title''; and
            (2) in paragraph (2), by striking ``(other than a veteran 
        whose eligibility for benefits under this subsection is based 
        on being a veteran of any war)'' and inserting ``is eligible 
        for a burial allowance under section 2302 of this title or 
        under subsection (a) of this section, or was discharged from 
        the active military, naval, or air service for a disability 
        incurred or aggravated in line of duty, and such veteran''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to the burial of persons dying on or after the date 
of the enactment of this Act.

SEC. 3. LEASE OF UNUTILIZED OR UNDERUTILIZED PROPERTY OR FACILITIES OF 
              NATIONAL CEMETERY ADMINISTRATION.

    (a) In General.--Chapter 24 of title 38, United States Code, is 
amended by inserting after section 2406 the following new section:
``Sec. 2406A. Lease of unutilized or underutilized land or facilities
    ``(a) Subject to the provisions of this section, the Secretary may 
lease to such lessee, and upon such terms and conditions as the 
Secretary considers will be in the public interest, any unutilized or 
underutilized land or facilities of the United States that are part of 
the National Cemetery Administration as the Secretary considers 
appropriate.
    ``(b) The term of any lease of land or facilities under subsection 
(a) may not exceed three years.
    ``(c)(1) A lease under subsection (a) to any public or nonprofit 
organization may be made without regard to the provisions of section 
3709 of the Revised Statutes (41 U.S.C. 5).
    ``(2) Notwithstanding section 1302 of title 40 or any other 
provision of law, a lease under subsection (a) to any public or 
nonprofit organization may provide for the maintenance, protection, or 
restoration by the lessee of the land or facilities covered by the 
lease as a part or all of the consideration for the lease.
    ``(3) Before entering into a lease of land or facilities under 
subsection (a) to a public or nonprofit organization, the Secretary 
shall publish in a newspaper of general circulation in the community in 
which such land or facilities are located appropriate public notice of 
the intention of the Secretary to enter into the lease.
    ``(d) Notwithstanding any other provision of law, proceeds from the 
lease of land or facilities under subsection (a) shall be deposited in 
the National Cemetery Administration account. Amounts so deposited 
shall be merged with amounts in such account, and shall be available 
for the same purposes, and subject to the same conditions and 
limitations, as the amounts with which merged.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
that chapter is amended by inserting after the item relating to section 
2406 the following new item:

``2406A. Lease of unutilized or underutilized land or facilities.''.

SEC. 4. ESTABLISHMENT OF NATIONAL CEMETERIES FOR GEOGRAPHICALLY 
              UNDERSERVED POPULATIONS OF VETERANS.

    (a) In General.--Chapter 24 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2412. Establishment of national cemeteries: geographically 
              underserved populations of veterans
    ``(a) Except as provided in subsection (c), the Secretary shall 
establish a national cemetery in each geographic area identified by the 
Secretary under subsection (b) in order to ensure that the veterans who 
reside in such geographic area reside not more than 50 miles from an 
open national cemetery.
    ``(b) The Secretary shall identify each geographic area in the 
United States in which--
            ``(1) the number of veterans who reside more than 50 miles 
        from an open national cemetery or State cemetery for veterans 
        exceeds 170,000 veterans; or
            ``(2) the number of veterans who reside more than 50 miles 
        from an open national cemetery or State cemetery for veterans, 
        when combined with the number of veterans who reside within 50 
        miles of a State cemetery for veterans but are ineligible for 
        burial in such State cemetery due to residency requirements, 
        exceeds 170,000 veterans.
    ``(c) If the Secretary determines that the expansion of one or more 
national cemeteries in a geographic area identified under subsection 
(b) is adequate and appropriate to meet the needs of veterans and their 
families in such geographic area, the Secretary shall expand such 
national cemetery or cemeteries in lieu of meeting the requirement for 
such geographic area under subsection (a).
    ``(d) A national cemetery established under this section shall be 
treated as a national cemetery of the National Cemetery Administration 
under this chapter.
    ``(e) In this section, the term `open', with respect to a national 
cemetery or State cemetery for veterans, means that the national 
cemetery or State cemetery for veterans has the capacity for each of 
the following:
            ``(1) First interment, in-ground casket burials.
            ``(2) Burial or inurnment of cremated remains.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
that chapter is amended by adding at the end the following new item:

``2412. Establishment of national cemeteries: geographically 
                            underserved populations of veterans.''.
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