Title: National Cemeteries Preservation and Protection Act of 2022
Policy area: Armed Forces and National Security

Summary:
National Cemeteries Preservation and Protection Act of 2022
This bill addresses the administration and jurisdiction of national cemeteries, including by authorizing the Department of the Army to transfer certain lands to the Department of Veterans Affairs (VA) to expand the Fort Bliss National Cemetery, allowing the VA to designate green burial sections in national cemeteries, and prohibiting persons who have committed certain crimes from being interred or memorialized in the National Cemetery Administration or Arlington National Cemetery.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4949 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4949

To amend title 38, United States Code, to address green burial sections 
            in national cemeteries, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2022

Mr. Tester (for himself and Mr. Rounds) 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 address green burial sections 
            in national cemeteries, 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 ``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 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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