To amend title 38, United States Code, to provide for the continuing operation of national cemeteries during periods of certain funding restrictions, and for other purposes.

I 118TH CONGRESS 1ST SESSION H. R. 3367 To amend title 38, United States Code, to provide for the continuing operation of national cemeteries during periods of certain funding restrictions, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 16, 2023 Mr. GAETZ (for himself and Mr. MOSKOWITZ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addi- tion to the Committees on Oversight and Accountability, and Appropria- tions, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 38, United States Code, to provide for the continuing operation of national cemeteries during peri- ods of certain funding restrictions, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. CONTINUING OPERATION OF NATIONAL CEME- 3 TERIES. 4 (a) CONTINUING OPERATIONS.—Section 2404 of title 5 38, United States Code, as most recently amended by sec- 6 VerDate Sep 11 2014 00:55 May 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3367.IH H3367 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3367 IH tion 3 of the National Cemeteries Preservation and Pro- 1 tection Act of 2022 (Public Law 117–355), is further 2 amended by adding at the end the following: 3 ‘‘(j)(1) The Secretary shall ensure that all national 4 cemeteries remain open, and shall continue to maintain 5 such cemeteries, during any— 6 ‘‘(A) period that obligations may not be issued 7 without exceeding the debt subject to limit under 8 section 3101 of title 31; or 9 ‘‘(B) lapse in discretionary appropriations for 10 the Department on or after the date of enactment 11 of this subsection. 12 ‘‘(2) The Secretary may transfer any amounts as the 13 Secretary determines necessary from any discretionary or 14 direct spending account of the Department for the purpose 15 of carrying out paragraph (1). 16 ‘‘(3) If a national cemetery closes for any period of 17 time during a period referred to in paragraph (1), the Sec- 18 retary shall submit to Congress and to the Secretary of 19 the Treasury a report that identifies any national ceme- 20 tery that was closed and the number of days such ceme- 21 tery was closed.’’. 22 (b) TSP G-FUND REDUCTION.— 23 (1) CSRS.—Section 8348(j)(5)(B) of title 5, 24 United States Code, is amended to read as follows: 25 VerDate Sep 11 2014 00:55 May 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3367.IH H3367 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3367 IH ‘‘(B) the term ‘debt issuance suspension 1 period’ means any period of days equal to— 2 ‘‘(i) the period for which the Secretary 3 of the Treasury determines for purposes of 4 this subsection that the issuance of obliga- 5 tions of the United States may not be 6 made without exceeding the public debt 7 limit, minus 8 ‘‘(ii) the number of days any national 9 cemetery was closed, as determined under 10 section 2404(j)(3) of title 38.’’. 11 (2) FERS.—Section 8438(g)(6)(B) of such title 12 is amended to read as follows: 13 ‘‘(B) the term ‘debt issuance suspension 14 period’ means any period of days equal to— 15 ‘‘(i) the period for which the Secretary 16 of the Treasury determines for purposes of 17 this subsection that the issuance of obliga- 18 tions of the United States may not be 19 made without exceeding the public debt 20 limit, minus 21 ‘‘(ii) the number of days any national 22 cemetery was closed, as determined under 23 section 2404(j)(3) of title 38.’’. 24 Æ VerDate Sep 11 2014 00:55 May 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3367.IH H3367 kjohnson on DSK79L0C42PROD with BILLS