[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[House]
[Pages H10038-H10040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL CEMETERIES PRESERVATION AND PROTECTION ACT OF 2022
Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 4949) to amend title 38, United States Code, to address green
burial sections in national cemeteries, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is 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
[[Page H10039]]
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 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material on S. 4949.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of S. 4949, the National Cemeteries
Preservation and Protection Act introduced by my Senate counterpart,
Chairman Tester.
One of the features or bugs of the Senate--depending on your
perspective--is that one single Senator, no matter their party, can
hold up meaningful and needed legislation in order to satisfy their own
aims. It is incredibly frustrating, especially in the veterans' policy
space.
We work closely with our veteran and veteran service organization
stakeholders on everything we do, and there is always something quite
sad when we tell these stakeholders that very worthy policy is being
held up because so-and-so is making a demand that may not be related to
veterans issues at all.
So, often we are brought to the brink where good legislation may not
make it over the finish line, and this year was no exception. We held
our breath while waiting to see if legislation related to helping
survivors of military sexual trauma, disabled veterans, and student
veterans would survive the Senate hotline.
Luckily, it appears much of it did, and I am appreciative of Chairman
Tester and Leader Schumer's efforts to push those bills through.
I want to note that here in the House things have worked out a bit
differently. Things move forward based on consensus building and
efforts to find common ground, and I am proud of the bipartisan work my
committee has achieved.
{time} 1615
We have worked across the aisle when possible, and when we couldn't,
I hope there was an understanding that sometimes there are critical
policy priorities that must transcend bipartisanship. But, without a
doubt, every effort is made to try to find a solution that most can
agree on.
I want to point out that the bill before us--certainly a worthy one--
was sent to us at the last possible moment with no consensus built in.
It took a significant effort to build consensus in a short period of
time when the holiday season made it difficult to reach people and
engage on complicated issues. But I and my staff are always willing to
put frustration and annoyance aside in pursuit of a worthy goal.
However, I hope in the future that there is more of an effort to
build consensus early so that we are not put in a position where
measures may fail because the upfront work was not put in.
Mr. Speaker, this bill makes several small but important changes to
how our national cemeteries are administered, provides for the transfer
of land for national cemetery expansion, and also clarifies eligibility
for burial benefits for these veterans buried in Tribal cemeteries.
Native veterans serve at the highest rates of any other community in
this country, so ensuring that they receive the honors they are owed is
very important.
Our national cemeteries are an important part of the benefits
provided to veterans, and it is our obligation to maintain these sacred
grounds not only so that veterans may choose these cemeteries as their
final resting places, but so that all Americans have a visual reminder
of the service and sacrifice we are given from those who wear the
uniform of our country.
I do want to make one note of clarification on congressional intent
with
[[Page H10040]]
respect to one of the land transfers in this bill.
Specifically, regarding the Department of the Interior lands
available for transfer under section 5 of the bill, it is the intent of
the committee and the bill sponsor that only Department of the Interior
Bureau of Land Management lands managed under the Federal Land Policy
and Management Act of 1976 be available for potential inclusion in any
transfer authorized under this bill. This transfer is not intended to
be made for Park Service land.
Mr. Speaker, I support this bill. I urge all my colleagues to do the
same, and I reserve the balance of my time.
Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of S. 4949. S. 4949 would
improve VA's burial benefits for veterans and their families. First,
the bill would ensure that VA can reimburse a Tribal organization for
the cost of burying a veteran in a VA grant-funded Tribal cemetery.
This would close a gap that existed before the enactment of the
Consolidated Appropriation Act of 2022.
Previously, a State could receive a plot allowance from VA, but some
Tribal organizations did not have the same eligibility.
Furthermore, S. 4949 would permit the Secretary of the Army and the
Secretary of the Interior to transfer lands under their possession to
VA for establishing or expanding national cemeteries. I believe this
will help VA further its goal of providing veterans with reasonable
access to a national cemetery.
Lastly, the bill would help preserve the reputation of our national
cemeteries as a hallowed final resting place.
Under present law, VA cannot bury an individual who has fled to avoid
prosecution of a capital crime. Currently, in these cases, VA must
provide the family due process before denying the benefit.
Additionally, someone who commits a Federal tier 3 sex offense but
flees to avoid prosecution is barred from burial in a national
cemetery. However, there is a loophole that prevents VA from denying
this benefit if the State charges the individual with the same crime.
A tier 3 sex offense is the most serious classification. These
offenses include sex crimes against children and aggravated sexual
abuse. No veteran or their family should have to worry about seeing
their attacker being honored in a VA cemetery. We must close this
loophole.
I thank Senator Tester and Senator Rounds for leading this effort.
Mr. Speaker, I ask all of my colleagues to support S. 4949. I have no
further speakers, and I yield back the balance of my time.
Mr. TAKANO. Mr. Speaker, I have no further speakers. Again, I ask my
colleagues to join me in passing S. 4949, and I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Takano) that the House suspend the rules
and pass the bill, S. 4949.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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