[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9055 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9055
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs relating to
memorial affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2024
Mr. Pappas (for himself and Mr. Moylan) introduced the following bill;
which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs relating to
memorial affairs, 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 ``Veterans' Burial Improvement Act of
2024''.
SEC. 2. PERMANENT AUTHORITY FOR CERTAIN BURIAL BENEFITS FOR SPOUSES AND
CHILDREN WHO PREDECEASE MEMBERS OF THE ARMED FORCES
SERVING ON ACTIVE DUTY.
(a) Provision of Headstones and Markers.--Section 2306(b)(2) of
title 38, United States Code, is amended--
(1) in subparagraph (B), by striking ``if such death occurs
before October 1, 2024''; and
(2) in subparagraph (C), by striking ``if such death occurs
before October 1, 2024''.
(b) Interment in National Cemeteries.--Section 2402(a)(5) of title
38, United States Code, is amended by striking ``if such death occurs
before October 1, 2024''.
SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF TRANSPORTATION FOR
DECEASED VETERANS.
(a) Transportation of Deceased Veterans.--
(1) In general.--Section 2308 of title 38, United States
Code, is amended to read as follows:
``Sec. 2308. Transportation of deceased veterans for burial
``(a) In General.--The Secretary may pay, in addition to any amount
paid under this chapter, the cost of transportation of a deceased
veteran for burial in accordance with this section.
``(b) Transportation Allowance.--(1) In the case of the
transportation of a covered deceased veteran for burial in a covered
veterans' cemetery, the Secretary may pay a transportation allowance of
$745 (as increased from time to time under paragraph (3).
``(2) In the case of a covered deceased veteran who did not die in
a State and for whom the actual cost of transporting the veteran from
the place of death to the covered cemetery exceeds the amount of the
transportation allowance in effect under paragraph (1), the Secretary
may also pay an additional amount equal to the difference between such
transportation allowance and the actual cost of transporting the
veteran. The amount of any payment under this paragraph may not exceed
the difference between such transportation allowance and the actual
cost of transporting the veteran to the national cemetery nearest the
veteran's last place of residence in which burial space is available.
``(3) With respect to any fiscal year, the Secretary shall provide
a percentage increase (rounded to the nearest dollar) in the amount of
the transportation allowance payable under paragraph (1) that is equal
to the percentage by which--
``(A) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(B) such Consumer Price Index for the 12-month period
preceding the 12-month period described in subparagraph (A).
``(c) Deaths in Covered Facilities.--(1) Except as provided in
paragraph (2), in the case of a veteran who dies in a covered facility
located in a State, the Secretary shall pay the actual cost to
transport the body to the place of burial, if the place of burial is
located in the same or any other State.
``(2) In the case of a veterans who is eligible for payment under
both paragraph (1) and subsection (b), the amount payable under
paragraph (1) may not exceed the difference between the amount of the
transportation allowance in effect under subsection (b)(1) and the
actual cost of transporting the veteran to the place of burial.
``(d) Definitions.--In this section:
``(1) The term `covered deceased veteran' means any of the
following deceased veterans:
``(A) A veteran who dies as the result of a
service-connected disability.
``(B) A veteran who dies while in receipt of
disability compensation (or who but for the receipt of
retirement pay or pension under this title, would have
been entitled to compensation).
``(C) A veteran whom the Secretary determines is
eligible for funeral expenses under this chapter by
virtue of the Secretary determining that the veteran
has no next of kin or other person claiming the body of
such veteran and that there are not available
sufficient resources to cover burial and funeral
expenses for the veteran.
``(2) The term `covered facility' means--
``(A) a facility of the Department (as defined in
section 1701(3) of this title) to which the deceased
veteran was properly admitted for hospital, nursing
home, or domiciliary care under section 1710 or 1711(a)
of this title; or
``(B) an institution at which the deceased veteran
was, at the time of death, receiving--
``(i) hospital care in accordance with
sections 1703A, 8111, and 8153 of this title;
``(ii) nursing home care under section 1720
of this title; or
``(iii) nursing home care for which
payments are made under section 1741 of this
title.
``(3) The term `covered veterans' cemetery' means a
veterans' cemetery--
``(A) in which a covered veteran is eligible to be
buried; and
``(B) that--
``(i) in the case of deaths occurring
before January 5, 2023--
``(I) is owned by a State; or
``(II) is on trust land owned by,
or held in trust for, a tribal
organization; or
``(ii) in the case of deaths occurring on
or after January 5, 2023--
``(I) is a national cemetery;
``(II) is owned by a State; or
``(III) is on trust land owned by,
or held in trust for, a tribal
organization.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by striking
the item relating to section 2308 and inserting the following
new item:
``2308. Transportation of deceased veterans for burial.''.
(b) Conforming Amendments.--Such title is further amended--
(1) by striking paragraph (1) of section 2303(a) and
inserting the following new paragraph (1):
``(1) When a veteran described in paragraph (2) dies, the Secretary
shall pay the actual cost (not to exceed $700 (as increased from time
to time under subsection (c))) of the burial and funeral or, within
such limits, may make contracts for such services without regard to the
laws requiring advertisement for proposals for supplies and services
for the Department.''; and
(2) in section 101(20), by striking ``section 2303'' and
inserting ``sections 2303 and 2308''.
SEC. 4. ELIMINATION OF TIME LIMITATION ON CERTAIN BURIAL BENEFITS FOR
MEDAL OF HONOR RECIPIENTS.
(a) In General.--Subsection (d)(5)(C) of section 2306 of title 38,
United States Code, is amended--
(1) by striking clause (i); and
(2) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively.
(b) Technical Amendment.--Such section is further amended by
striking ``section 491 of title 14'' each place it appears and
inserting ``section 2732 of title 14''.
SEC. 5. PROVISION OF GROUP BURIAL MARKERS.
(a) In General.--Section 2306 of title 38, United States Code, is
further amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k)(1) Under such regulations as the Secretary may prescribe, in
lieu of a headstone or marker for an individual described in paragraph
(1), (2), or (3) of subsection (a), the Secretary may furnish a group
headstone or marker at a burial location containing the remains of
multiple such individuals.
``(2) If the Secretary furnishes a group headstone or marker under
paragraph (1) for a group of individuals described in paragraph (1),
(2), or (3) of subsection (a) at a burial location containing the
remains of multiple such individuals, the Secretary may not furnish a
new or replacement burial or memorial headstone or marker for any
individual whose remains are determined to be interred at that burial
location.
``(3) In the case of an individual who is interred at a burial
location marked by a group headstone or marker under paragraph (1), but
for whom the Secretary provided an individual headstone or marker
before the date of the enactment of this subsection, such individual
headstone or marker may remain in place after the placement of the
group headstone or marker.
``(4) The Secretary may provide a group headstone or marker under
paragraph (1) at a burial location that is not unmarked, if the
Secretary determines that a group headstone or marker at that burial
location would assist visitors in understanding or appreciating the
significance of the burial location.
``(5) Any group headstone or marker provided under this subsection
shall be provided in coordination with, and with the approval of, the
owner of the property on which the burial location is located.
``(6) Subject to any required consultation with, and approval by,
an appropriate historical preservation authority, the Secretary shall
make all determinations regarding the appearance of a group headstone
or marker provided under paragraph (1), including the size of, the
material used for, and the content of the inscription on the marker.
``(7) A group headstone or marker furnished under paragraph (1) may
not include in the inscription the name of a person described in
section 2411(b) of this title.''.
(b) Noneligibility of Parents of Certain Deceased Veterans.--
Subsection (a)(2) of such section is amended by striking ``and (6)''
and inserting ``(6), and (9)''.
SEC. 6. BURIAL OR INTERMENT OF CERTAIN ADDITIONAL PERSON IN CEMETERIES
THAT ACCEPT DEPARTMENT OF VETERANS AFFAIRS PLOT OR
INTERMENT ALLOWANCE.
Section 2303(b)(1) of title 38, United States Code is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking ``or'' at the end;
(B) in clause (iii), by striking ``and'' and
inserting ``or''; and
(C) by adding at the end the following new clause:
``(iv) veterans who were discharged or
released from service under conditions other
than dishonorable and who would be eligible for
burial in a national cemetery but for the
minimum active duty service requirements under
section 5303A of this title and the spouses and
dependent children of such veterans; and''; and
(2) in subparagraph (B)(ii), by striking the period and
inserting ``; and''.
<all>