[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.

                          ____________________