[Congressional Record Volume 168, Number 197 (Monday, December 19, 2022)]
[Senate]
[Pages S7303-S7304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      NATIONAL CEMETERIES PRESERVATION AND PROTECTION ACT OF 2022

  A bill (S. 4949) to amend title 38, United States Code, to address 
green burial sections in national cemeteries, and for other purposes 
was ordered to be engrossed for a third reading, was read the third 
time, and passed, as follows:

                                S. 4949

       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 ``National Cemeteries 
     Preservation and Protection Act of 2022''.

     SEC. 2. PLOT AND INTERMENT ALLOWANCES FOR VETERANS BURIED 
                   BEFORE MARCH 15, 2022, IN CEMETERIES ON TRUST 
                   LAND OWNED BY, OR HELD IN TRUST FOR, TRIBAL 
                   ORGANIZATIONS.

       The Secretary of Veterans Affairs shall pay a plot or 
     interment allowance under paragraph (1) of section 2303(b) of 
     title 38, United States Code, for a veteran if--
       (1) the veteran was buried, before March 15, 2022, in a 
     cemetery, or in a section of a cemetery, that is on trust 
     land owned by, or held in trust for, a tribal organization;
       (2) the tribal organization that is responsible for 
     operating and maintaining the cemetery, or the section of 
     cemetery, applies for such allowance;
       (3) a plot or interment allowance was not already paid for 
     the burial of such veteran under paragraph (2) of such 
     section; and
       (4) the burial of the veteran otherwise meets the 
     requirements under paragraph (1) of such section.

     SEC. 3. GREEN BURIAL SECTIONS AT NATIONAL CEMETERIES.

       Section 2404 of title 38, United States Code, is amended--
       (1) in subsection (c)(2)--
       (A) in subparagraph (C), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(E) in the case of grave sites in a green burial section 
     designated under subsection (i), the Secretary may provide 
     for grave markers of such type as the Secretary considers 
     appropriate.''; and
       (2) by adding at the end the following new subsection:
       ``(i)(1) The Secretary may designate one or more sections 
     in any national cemetery as green burial sections.
       ``(2) In this subsection, the term `green burial section' 
     means a section of a cemetery in which the remains of 
     individuals interred in that section--
       ``(A) have been prepared for interment in a manner that 
     does not involve chemicals or embalming fluids; and
       ``(B) have been interred in a natural manner or in 
     completely biodegradable burial receptacles.''.

     SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER LAND AT 
                   FORT BLISS, TEXAS, FOR EXPANSION OF FORT BLISS 
                   NATIONAL CEMETERY.

       (a) Transfer Authorized.--The Secretary of the Army may 
     transfer to the Secretary of Veterans Affairs administrative 
     jurisdiction over a parcel of real property consisting of 
     approximately two acres located at Fort Bliss, Texas, 
     directly adjacent to, and contiguous with, Fort Bliss 
     National Cemetery.
       (b) Condition of Transfer.--
       (1) In general.--As a condition of the transfer authorized 
     by subsection (a), the Secretary of Veterans Affairs may 
     complete appropriate environmental, cultural resource, and 
     other due diligence activities on the real property described 
     in subsection (c) before determining whether the property is 
     suitable for cemetery purposes.
       (2) Coordination.--The Secretary of Veterans Affairs shall 
     coordinate with the Secretary of the Army as needed during 
     the performance of the activities described in paragraph (1).
       (c) Description of Property.--
       (1) In general.--The exact acreage and legal description of 
     the real property to be transferred under this section shall 
     be determined by a survey satisfactory to the Secretary the 
     Army.
       (2) Cost of survey.--The cost of the survey described in 
     paragraph (1) shall be borne by the Secretary of Veterans 
     Affairs.
       (d) Additional Terms and Conditions; Costs of Transfer.--
       (1) Additional terms and conditions.--The Secretary of the 
     Army may require such additional terms and conditions in 
     connection with the transfer under this section as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
       (2) Reimbursement of costs .--
       (A) In general.--The Secretary of Veterans Affairs shall 
     reimburse the Secretary of the Defense for costs incurred by 
     the Secretary of the Army in implementing this section, 
     including the costs of any surveys.
       (B) No payment for value of real property.--Notwithstanding 
     any other legal requirement that might otherwise apply, the 
     Secretary of Veterans Affairs shall not be required to make 
     payment of any kind for the value of the real property 
     described in subsection (c).

     SEC. 5. TRANSFER OF DEPARTMENT OF THE INTERIOR LAND FOR USE 
                   AS A NATIONAL CEMETERY.

       Section 2406 of title 38, United States Code, is amended--
       (1) by striking ``As additional lands'' and inserting ``(a) 
     In General.--As additional lands''; and
       (2) by adding at the end the following new subsection:
       ``(b) Transfer of Department of the Interior Land for Use 
     as a National Cemetery.--Notwithstanding section 204(d) of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1714(d)), if the Secretary and the Secretary of the Interior 
     agree to a transfer under subsection (a) of any land for use 
     by the Department as a national cemetery, the land shall be--
       ``(1) withdrawn from all forms of appropriation under the 
     public land laws, including the mining laws, the mineral 
     leasing laws, and the geothermal leasing laws;
       ``(2) subject to valid existing rights;
       ``(3) transferred to the administrative jurisdiction of the 
     Secretary of Veterans Affairs; and
       ``(4) deemed to be property (as defined in section 102(9) 
     of title 40) for as long as the land remains under the 
     administrative jurisdiction of the Secretary of Veterans 
     Affairs.''.

     SEC. 6. EXPANSION OF PROHIBITION AGAINST INTERMENT OR 
                   MEMORIALIZATION IN THE NATIONAL CEMETERY 
                   ADMINISTRATION OR ARLINGTON NATIONAL CEMETERY 
                   OF PERSONS COMMITTING CERTAIN CRIMES.

       (a) In General.--Section 2411 of title 38, United States 
     Code, is amended--
       (1) in the section heading--
       (A) by inserting ``certain'' before ``Federal''; and
       (B) by striking ``capital'';
       (2) in subsection (b)--
       (A) in paragraph (4)--
       (i) in subparagraph (A), by striking ``(42 U.S.C. 16901 et 
     seq.);'' and inserting ``(34 U.S.C. 20901 et seq.); and''; 
     and
       (ii) in subparagraph (B), by inserting ``or to a period of 
     99 years or more'' after ``life imprisonment''; and
       (B) by adding at the end the following new paragraph:
       ``(5) A person who--
       ``(A) is found (as provided in subsection (c)) to have 
     committed a Federal or State crime that would cause the 
     person to be a tier III sex offender for purposes of the Sex 
     Offender Registration and Notification Act (34 U.S.C. 20901 
     et seq.); but
       ``(B) has not been convicted of such crime by reason of 
     such person not being available for trial due to death or 
     flight to avoid prosecution.'';
       (3) in subsection (c), by striking ``subsection (b)(3)'' 
     and inserting ``paragraph (3) or (5) of subsection (b)'';
       (4) in subsection (d)(2)(A)(ii), by striking ``or a State 
     capital crime'' and inserting ``, a State capital crime, or a 
     Federal or State crime that would cause the person to be a 
     tier III sex offender for purposes of the Sex Offender 
     Registration and Notification Act (34 U.S.C. 20901 et 
     seq.),''; and
       (5) in subsection (e)(1)(B), by striking ``or a State 
     capital crime'' and inserting ``, a State capital crime, or a 
     Federal or State crime that would cause the person to be a 
     tier III sex offender for purposes of the Sex Offender 
     Registration and Notification Act (34 U.S.C. 20901 et 
     seq.),''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 24 of

[[Page S7304]]

     such title is amended by striking the item relating to 
     section 2411 and inserting the following new item:

``2411. Prohibition against interment or memorialization in the 
              National Cemetery Administration or Arlington National 
              Cemetery of persons committing certain Federal or State 
              crimes.''.

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