[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4949 Enrolled Bill (ENR)]
S.4949
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
An Act
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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.