[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2720 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2720

To clarify the role of the Department of Veterans Affairs in providing 
a benefit or service related to the interment or funeral of a veteran, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2011

Mr. Culberson introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To clarify the role of the Department of Veterans Affairs in providing 
a benefit or service related to the interment or funeral of a veteran, 
                        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. PROVISION OF FUNERAL SERVICES BY DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) Role of VA in Veterans Funerals.--In providing a deceased 
veteran with any benefit or service related to the interment or 
funeral, memorial service, or ceremony of the deceased veteran, the 
authority and responsibility of the Secretary of Veterans Affairs is 
limited to providing--
            (1) the deceased veteran with the benefits that the veteran 
        earned by serving the United States, including the provision of 
        funeral expenses, headstones, markers, burial receptacles, plot 
        allowances, and interment in national cemeteries, as provided 
        by law, including chapters 23 and 24 of title 38, United States 
        Code;
            (2) any necessary maintenance of national cemeteries and 
        other facilities under the control of the National Cemetery 
        Administration; and
            (3) any necessary security or traffic control with respect 
        to the funeral, memorial service, or ceremony of the veteran at 
        a national cemetery under the control of the National Cemetery 
        Administration.
    (b) Access to Suitable Chapel.--In carrying out chapters 23 and 24 
of title 38, United States Code, or in otherwise providing any benefit 
or service related to the interment or funeral, memorial service, or 
ceremony of a deceased veteran at a national cemetery under the control 
of the National Cemetery Administration, the Secretary of Veterans 
Affairs shall ensure that--
            (1) a chapel is provided to the family of the deceased at 
        such national cemetery; and
            (2) such chapel--
                    (A) is suitable for the use of the family and 
                visitors as a place for recollection and mourning; and
                    (B) displays the appropriate religious symbols 
                chosen by the family for the purpose of such funeral, 
                memorial service, or ceremony.
    (c) Access to VA Facilities.--The Secretary of Veterans Affairs 
shall provide to any honor guard or other non-governmental group that 
provides services to veterans access to--
            (1) national cemeteries and other facilities under the 
        control of the National Cemetery Administration if such access 
        is requested by the family or agent of a deceased veteran whose 
        funeral, memorial service, or ceremony is being held in such 
        cemetery or facility; and
            (2) health care facilities of the Department of Veterans 
        Affairs if such access is requested by a veteran receiving care 
        in such facility or the family or agent of such veteran.
    (d) Required Qualification of VA Cemetery Director.--
Notwithstanding any other provision of law, each cemetery director of 
the Department of Veterans Affairs shall be an individual who is a 
veteran.

SEC. 2. PROHIBITION ON INTERFERENCE OF FUNERALS BY FEDERAL GOVERNMENT.

    The Congress reaffirms the inviolable individual zone of privacy 
that each American possesses, including the deeply private act of 
choosing the content and creed of an individual's funeral, memorial 
service, or ceremony, as protected by the Constitution. In light of 
such inviolable individual zone of privacy, no official of the Federal 
Government, including the Secretary of Veterans Affairs, may interfere 
with the content and creed of the funeral, memorial service, or 
ceremony of a deceased individual, as expressed by the last will and 
testament of the individual or as determined by the family or agent of 
the individual, as provided under State law.
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