118 HR 7361 IH: Flowers for Fallen Heroes Act of 2024
U.S. House of Representatives
2024-02-14
text/xml
EN
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I
118th CONGRESS
2d Session
H. R. 7361
IN THE HOUSE OF REPRESENTATIVES
February 14, 2024
Mr. Zinke (for himself, Mr. Thompson of California, Mr. Valadao, Mr. Davis of North Carolina, Mr. Waltz, Mr. Bishop of Georgia, Mr. Kelly of Mississippi, Mr. Cuellar, Mrs. Bice, Ms. Norton, Mr. Fleischmann, Mr. McCormick, Mrs. Miller-Meeks, Mr. Bacon, Mr. Guest, Mr. Baird, Mr. Higgins of Louisiana, Mr. Nehls, Mr. Van Drew, Mr. Newhouse, Mr. Ciscomani, Mr. Armstrong, Mrs. Chavez-DeRemer, Mr. Mooney, Mr. Dunn of Florida, Mr. Barr, Mr. Jackson of Texas, Mr. Van Orden, Ms. Mace, Mr. Ezell, Mr. Self, Mr. Mills, Mr. Edwards, Mr. Rutherford, Mr. Calvert, Mr. Kelly of Pennsylvania, Mr. Clyde, Mrs. Kiggans of Virginia, Mr. Kean of New Jersey, Mr. Stauber, Mr. Moolenaar, and Mr. Lawler) introduced the following bill; which was referred to the Committee on Veterans' Affairs
A BILL
To establish a flower ordering program for gravesites under the purview of the American Battle Monuments Commission.
1.

Short title
This Act may be cited as the “Flowers for Fallen Heroes Act of 2024”.
2.

Amendments to American Battle Monuments Commission Authorities
Section 2103 of title 36, United States Code, is amended—
(1)
in subsection (a)—
(A)
by striking “American Battle Monuments Commission may” and inserting “American Battle Monuments Commission shall”;
(B)
in paragraph (4), by striking the “and” at the end;
(C)
in paragraph (5), by striking the period and inserting a semicolon; and
(D)
by adding at the end the following:
“(6)
not later than 1 year after the date of the enactment of the Flowers for Fallen Heroes Act of 2024, establish—
(A)
a program and payment system for members of the public to order floral arrangements for gravesites under the Commission’s purview, with orders executed by third-party regional florists chosen by the Commission, without excess administrative fees or markup; and
(B)
a user-friendly website and telephone ordering system for the program and payment system described in subparagraph (A).”;
(2)
in subsection (c), by inserting “, marketing professionals,” after “architects”; and
(3)
by adding at the end the following:
“(l)

Authority of commission To accept certain types of payments
(1)

Authority to accept credit card payments and electronic funds transfers
(A)

In general
The Commission shall accept payment of fees related to activities described in subsection (a)(6) by credit card or electronic funds transfer.
(B)

Use of vendors and third-party providers
(i)

In general
The Commission shall—
(I)
contract with third-party providers, including insured depository institutions and card issuers (as such terms are defined in the Truth in Lending Act), for purposes of accepting payments by credit card or by electronic funds transfer; and
(II)
make every effort, when contracting with third-party vendors under clause (i), to find the lowest cost third-party vendor.
(ii)

Payment of fees
If a third-party vendor with which the Commission contracts requires a fee in connection with the processing of credit payments or electronic funds transfers, the person who is making such payment or transfer shall pay such fee, not the Commission.
(C)

Completion of payment
If a person elects to make a payment to the Commission by a method authorized under subparagraph (A), the payment shall not be deemed to be made until the Commission receives the funds.
(2)

Liability for nonpayment
If a payment by credit card, debit card, or charge card, so received is not duly paid, or is paid and subsequently charged back to the Commission, the person by whom such method of payment has been tendered shall remain liable for the payment, to the same extent as if such method of payment had not been tendered.
(3)

Electronic funds transfer defined
In this section, the term electronic funds transfer—
(A)
means a transfer of funds, other than a transaction by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, or computer or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account; and
(B)
includes point of sale transfers, automated teller machine transfers, direct deposit or withdrawal of funds, transfers initiated by telephone, and transfers resulting from debit card transactions.”.
3.

Report on implementation and adherence to congressional intent
(a)

Annual report to Congress
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the American Battle Monuments Commission (referred to in this section as the “Commission”) shall submit a report on implementation and performance related to the amendments made by this Act to—
(1)
the Committee on Veterans’ Affairs and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives; and
(2)
the Committee on Veterans’ Affairs and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate.
(b)

Contents of annual report
Each report to Congress required under subsection (a) shall include progress summaries of activities related to—
(1)
section 2103(a)(6) of title 36, United States Code, including—
(A)
data on flower orders;
(B)
the Commission’s active management of a flower program including receiving and processing the order, placing the floral tribute with an appropriate note of dedication, providing a picture of the decorated gravesite to the requestor, status of telephone, website ordering systems, and dedicated information technology solutions;
(C)
engagement with florists local to cemeteries under the Commission’s jurisdiction;
(D)
efforts to ensure easy, low-cost access for members of the public who would like to participate in the flower program;
(E)
creative marketing of the flower program to include public service advertising and public-private partnerships; and
(F)
the vetting process for florists involved with the flower program; and
(2)
promotion of the Commission’s activities pursuant to section 2102(a) of title 36, United States Code.