[Congressional Record Volume 149, Number 73 (Thursday, May 15, 2003)]
[Senate]
[Pages S6512-S6514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER:
  S. 1074. A bill to amend title 38, United States Code, to enhance 
burial benefits for veterans, and for other purposes; to the Committee 
on Veterans' Affairs.
  Mr. SPECTER. Mr. President, I have sought recognition to comment on 
legislation I am introducing today to ensure that veterans across the 
Nation have access to burial in national and State cemeteries. This 
legislation will put in place a comprehensive strategy for addressing 
what has, and will continue to be, a national priority: providing 
lasting memorials to our veterans.
  Four principles guide this legislation: First, areas with large 
veterans' populations merit a national cemetery. Second, State cemetery 
grant funding should encourage the development of State cemeteries to 
serve areas with smaller veterans' populations. Third, State or 
national cemeteries should be located within reasonable distances of 
where veterans lived before death and, presumably, where their families 
still live. And finally, we need creative ways to finance the 
maintenance, repair and operational needs of national cemeteries.
  This bill sets out clear criteria, based on objective measures of 
need, that will serve as a guide for future national cemetery 
construction. It encourages States to participate in the State cemetery 
grant program by permitting State cemeteries to receive plot allowance 
money to defray burial expenses for all--not just poor, disabled and 
wartime--veterans. Lastly, the legislation authorizes VA's National 
Cemetery Administration, NCA, to enter into lease agreements with 
public or non-profit organizations who wish to use unused or 
underutilized land and facilities, and permits proceeds from lease 
agreements to remain with NCA to augment its operational and cemetery 
maintenance needs.
  Burial in a national cemetery--a perpetual tribute to a veteran's 
service to the country--is one of the most important benefits we, as a 
Nation, can provide to veterans and their families. It must be 
available to veterans, and their families, within reasonable distances 
to their homes. This legislation would require the Department of 
Veterans Affairs to establish a national cemetery at sites more than 50 
miles away from an open national or State veterans cemetery where 
170,000 or more veterans reside. The adoption of this criterion would 
assure adequate national access to national cemeteries and would 
require the opening of approximately five new national cemeteries.
  Because it is not practical to build national cemeteries to meet the 
burial needs of every veteran--particularly veterans in more sparsely 
populated areas--it is important that VA cooperate with the States 
through administration of its State cemetery grant program, to meet 
needs in areas where there are smaller veterans' populations. These 
grants provide up to 100 percent of the costs associated with building, 
making large repairs at, and expanding State veterans cemeteries. In 
addition, States are also provided a $300 plot allowance, payable by VA 
to assist in offsetting maintenance costs, for each poor, disabled, or 
wartime veteran who is interred in a State cemetery. If, as this 
legislation would specify, the plot allowance were to be payable for 
burial of all veterans--not just poor, disabled and wartime veterans--
States would be provided with additional maintenance income and further 
incentive to establish additional State veterans' cemeteries. Clearly, 
encouraging the construction of additional State cemeteries is a good 
way to complement VA's National cemetery capacity within the context of 
a nationwide, comprehensive strategy to meet veterans' burial needs.
  Finally, my legislation proposes a creative way for NCA to fund 
additional maintenance projects at national cemeteries. It would 
authorize the Secretary to lease undeveloped, unused or underutilized 
acreage and buildings on NCA lands, and to retain the proceeds from the 
leases. VA has indicated that portions of many national cemeteries are 
not suitable for burials due to, for example, rocky or hilly terrain. 
Such sites, however, might have commercial uses. In addition, there are 
historic lodges and other buildings on VA lands that, if available for 
use, could generate revenue. Allowing NCA to utilize these resources to 
generate revenue would provide VA with an opportunity to put a small 
dent in the $245 million worth of repairs it needs to undertake to 
bring the national cemeteries up to appropriate memorial standards. 
This sort of leasing authority is already extended to VA's hospital 
system, and it has been successfully utilized on VA's medical campuses. 
An extension of this authority to VA cemetery facilities is wholly 
reasonable.
  I ask my colleagues for their support of this bill. I reiterate, 
meeting the burial needs of veterans is a national

[[Page S6514]]

priority. It is a powerful reflection of the value we place on military 
service. And it is an unmistakable message we send to all Americans 
that service to our country will forever be remembered.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1074

       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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