US Codex
Bill
Notes

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.

H.R. 3367 · 118th Congress · May 16, 2023 · Lineage

A BILL

Section 1 Continuing operation of national cemeteries

(a)
Continuing operations— Section 2404 of title 38, United States Code, as most recently amended by section 3 of the National Cemeteries Preservation and Protection Act of 2022 (Public Law 117–355), is further amended by adding at the end the following:

“(j)

“(1) The Secretary shall ensure that all national cemeteries remain open, and shall continue to maintain such cemeteries, during any—

“(A) period that obligations may not be issued without exceeding the debt subject to limit under section 3101 of title 31; or

“(B) lapse in discretionary appropriations for the Department on or after the date of enactment of this subsection.

“(2) The Secretary may transfer any amounts as the Secretary determines necessary from any discretionary or direct spending account of the Department for the purpose of carrying out paragraph (1).

“(3) If a national cemetery closes for any period of time during a period referred to in paragraph (1), the Secretary shall submit to Congress and to the Secretary of the Treasury a report that identifies any national cemetery that was closed and the number of days such cemetery was closed.”

(b)
TSP G-Fund reduction—
(1)
CSRS— Section 8348(j)(5)(B) of title 5, United States Code, is amended to read as follows:

“(B) the term “debt issuance suspension period” means any period of days equal to—

“(i) the period for which the Secretary of the Treasury determines for purposes of this subsection that the issuance of obligations of the United States may not be made without exceeding the public debt limit, minus

“(ii) the number of days any national cemetery was closed, as determined under section 2404(j)(3) of title 38.”

(2)
FERS— Section 8438(g)(6)(B) of such title is amended to read as follows:

“(B) the term “debt issuance suspension period” means any period of days equal to—

“(i) the period for which the Secretary of the Treasury determines for purposes of this subsection that the issuance of obligations of the United States may not be made without exceeding the public debt limit, minus

“(ii) the number of days any national cemetery was closed, as determined under section 2404(j)(3) of title 38.”