I 112th CONGRESS 1st Session H. R. 2720 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.

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.

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.