S. 4949Senate117th Congress (2021-2023)Enacted

National Cemeteries Preservation and Protection Act of 2022

Sponsored by Jon TesterSen. Jon Tester (D-MT)
Introduced September 27, 2022

AI-Generated Summary

Updated February 8, 2026 at 5:50 PM UTC

The National Cemeteries Preservation and Protection Act of 2022 updates veterans’ cemetery benefits and management. It creates green burial sections in national cemeteries, provides plot allowances for veterans buried on tribal trust lands before March 15 2022, transfers land for cemetery expansion, and broadens the ban on burial of people who commit certain serious crimes.

Key Provisions

  • Allows the Secretary of Veterans Affairs to pay a plot or interment allowance for veterans buried before March 15 2022 in cemeteries on tribal trust land when the tribal organization applies.
  • Authorizes the Secretary to designate one or more "green burial" sections in any national cemetery, defined as areas where remains are interred without chemicals or embalming fluids and in biodegradable containers, and permits appropriate grave markers for those sections.
  • Transfers roughly two acres of land at Fort Bliss, Texas, from the Army to the Department of Veterans Affairs for cemetery expansion, with cost‑sharing and coordination requirements.
  • Permits transfer of Department of the Interior land for use as a national cemetery, withdrawing it from mining, mineral, and geothermal leasing while respecting existing rights.
  • Expands the prohibition on interment or memorialization in national cemeteries to include persons who commit certain federal or state crimes, including those who would be classified as tier III sex offenders, even if not convicted because of death or flight.

Legislative Activity

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15 earlier actions
Became Law Latest Action

Became Public Law No: 117-355.

January 5, 2023

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SenateIntro Referral

Introduced in Senate

September 27, 2022

SenateIntro Referral

Read twice and referred to the Committee on Veterans' Affairs.

September 27, 2022

SenateCommittee

Senate Committee on Veterans' Affairs discharged by Unanimous Consent.

December 19, 2022

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR S7303-7304; text: CR S7303-7304)

December 19, 2022

SenateFloor

Message on Senate action sent to the House.

December 20, 2022

HouseFloor

Received in the House.

December 21, 2022 • 2:04 PM

HouseFloor

Held at the desk.

December 21, 2022 • 2:47 PM

HouseFloor

Mr. Takano moved to suspend the rules and pass the bill.

December 22, 2022 • 4:12 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H10038-10040)

December 22, 2022 • 4:12 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 4949.

December 22, 2022 • 4:12 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H10038-10039)

December 22, 2022 • 4:19 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H10038-10039)

December 22, 2022 • 4:19 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 22, 2022 • 4:19 PM

President

Presented to President.

December 28, 2022

Became Law

Signed by President.

January 5, 2023

Became Law

Became Public Law No: 117-355.

January 5, 2023

Floor Debate

1 member

What members said about S. 4949 on the floor

1 Democrat
Mark Kelly
Sen. Mark KellyD-AZ · Dec 19, 2022

Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be discharged and that the Senate proceed to the immediate consideration of the following bills en bloc: H.R. 6064, H.R.…

Bill Text

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One Hundred Seventeenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two

S. 4949

AN ACT

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

1.

Short title

This Act may be cited as the National Cemeteries Preservation and Protection Act of 2022.

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.

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.

.

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).

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.

.

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