House Report 114-812 - TO AMEND TITLE 38, UNITED STATES CODE, TO EXPAND THE ELIGIBILITY FOR HEADSTONES, MARKERS, AND MEDALLIONS FURNISHED BY THE SECRETARY OF VETERANS AFFAIRS FOR DECEASED INDIVIDUALS WHO WERE AWARDED THE MEDAL OF HONOR AND ARE BURIED IN PRIVATE CEMETERIES

[House Report 114-812]
[From the U.S. Government Publishing Office]

114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-812

======================================================================

TO AMEND TITLE 38, UNITED STATES CODE, TO EXPAND THE ELIGIBILITY FOR
HEADSTONES, MARKERS, AND MEDALLIONS FURNISHED BY THE SECRETARY OF
VETERANS AFFAIRS FOR DECEASED INDIVIDUALS WHO WERE AWARDED THE MEDAL OF
HONOR AND ARE BURIED IN PRIVATE CEMETERIES

_______

November 14, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed

_______

Mr. Miller of Florida, from the Committee on Veterans' Affairs,
submitted the following

R E P O R T

[To accompany H.R. 4757]

[Including cost estimate of the Congressional Budget Office]

The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 4757) to amend title 38, United States Code, to
expand the eligibility for headstones, markers, and medallions
furnished by the Secretary of Veterans Affairs for deceased
individuals who were awarded the Medal of Honor and are buried
in private cemeteries, having considered the same, report
favorably thereon with amendments and recommend that the bill
as amended do pass.

CONTENTS

Page
Amendment........................................................ 2
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Subcommittee Consideration....................................... 4
Subcommittee Votes...............................................
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Earmarks and Tax and Tariff Benefits............................. 6
Committee Cost Estimate.......................................... 6
Congressional Budget Office Estimate............................. 6
Federal Mandates Statement....................................... 9
Advisory Committee Statement..................................... 9
Constitutional Authority Statement............................... 9
Applicability to Legislative Branch.............................. 9
Statement on Duplication of Federal Programs..................... 9
Disclosure of Directed Rulemaking................................ 9
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill as Reported............. 10

Amendment

The amendments are as follows:
Strike all after the enacting clause and insert the
following:

SECTION 1. EXPANSION OF ELIGIBILITY FOR HEADSTONES, MARKERS, AND
MEDALLIONS FOR MEDAL OF HONOR RECIPIENTS.

Section 2306(d) of title 38, United States Code, is amended by adding
at the end the following new paragraph:
``(5)(A) In carrying out this subsection with respect to a deceased
individual described in subparagraph (C), the Secretary shall furnish,
upon request, a headstone or marker under paragraph (1) or a medallion
under paragraph (4) that signifies the deceased's status as a Medal of
Honor recipient.
``(B) If the Secretary furnished a headstone, marker, or medallion
under paragraph (1) or (4) for a deceased individual described in
subparagraph (C) that does not signify the deceased's status as a Medal
of Honor recipient, the Secretary shall, upon request, replace such
headstone, marker, or medallion with a headstone, marker, or medallion,
as the case may be, that so signifies the deceased's status as a Medal
of Honor recipient.
``(C) A deceased individual described in this subparagraph is a
deceased individual who--
``(i) served in the Armed Forces on or after April 6, 1917;
``(ii) is eligible for a headstone or marker furnished under
paragraph (1) or a medallion furnished under paragraph (4) (or
would be so eligible for such headstone, marker, or medallion
but for the date of the death of the individual); and
``(iii) was awarded the Medal of Honor (including
posthumously).''.

SEC. 2. EXPANSION OF PRESIDENTIAL MEMORIAL CERTIFICATE PROGRAM.

(a) In General.--Section 112(a) of title 38, United States Code, is
amended by inserting after ``conditions,'' the following: ``persons
eligible for burial in a national cemetery by reason of paragraph (2),
(3), or (7) of section 2402(a) of this title,''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to the death of a person eligible for burial in a national
cemetery by reason of paragraph (2), (3), or (7) of section 2402(a) of
title 38, United States Code, occurring before, on, or after the date
of the enactment of this Act.

SEC. 3. TRANSPORTATION OF DECEASED VETERANS TO VETERANS' CEMETERIES.

(a) In General.--Subsection (a) of section 2308 of title 38, United
States Code, is amended to read as follows:
``(a) In General.--(1) The Secretary may pay, in addition to any
amount paid pursuant to section 2302 or 2307 of this title, the cost of
transportation of the deceased veteran described in paragraph (1) or
(2) of subsection (b) for burial in a national cemetery or a covered
veterans' cemetery. Such payment shall not exceed the cost of
transportation to the national cemetery nearest the veteran's last
place of residence in which burial space is available.
``(2) The Secretary may pay, in addition to any amount paid pursuant
to section 2302 or 2307 of this title, the cost of transportation of
the deceased veteran described in subsection (b)(3) for burial in a
national cemetery. Such payment shall not exceed the cost of
transportation to the national cemetery nearest the veteran's last
place of residence in which burial space is available.''.
(b) Covered Veterans' Cemetery Defined.--Section 2308 of such title
is amended by adding at the end the following new subsection:
``(c) Covered Veterans' Cemetery Defined.--In this section, the term
`covered veterans' cemetery' means, with respect to a deceased veteran
described in subsection (b), a veterans' cemetery owned by a State or a
tribal organization (as defined in section 3765(4) of this title) in
which the deceased veteran is eligible to be buried.''.
(c) Conforming Amendment.--Section 2308 of such title is amended in
the section heading by adding at the end the following: ``or a
veterans' cemetery''.
(d) 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 veteran to a national cemetery or a
veterans' cemetery.''.

Amend the title so as to read:
A bill to amend title 38, United States Code, to expand
certain benefits related to the burial of deceased veterans,
and for other purposes.

Purpose and Summary

H.R. 4757 was introduced by Representative Jeff Miller of
Florida on March 16, 2016. H.R. 4757, as amended, was ordered
to be favorably reported to the full House on September 21,
2016. H.R. 4757, as amended, incorporates text of H.R. 4757, as
well as provisions from H.R. 4758, as amended, and H.R. 4759,
all introduced by Representative Jeff Miller of Florida.
H.R. 4757, as amended, would (1) allow the Department of
Veterans Affairs (VA) to provide a headstone, marker, or
medallion for deceased veterans who were awarded the Medal of
Honor; (2) establish that families of certain deceased members
of the National Guard and Reserve would be eligible to receive
a Presidential Memorial Certificate; and (3) authorize VA to
pay the cost of transportation of deceased veterans for burial
in the nearest veterans' cemetery owned by a State or tribal
organization in which the deceased veteran is eligible to be
buried.

Background and Need for Legislation

Section 1--Expansion of eligibility for headstones, markers, and
medallions for Medal of Honor recipients

Current law prohibits the Secretary from furnishing a
distinctive headstone, marker, or medallion for Medal of Honor
recipients who are buried in private cemeteries. This bill
would expand the Secretary's authorization to provide special
markers for the graves of those who have received the nation's
highest award for valor and who are not laid to rest in
national cemeteries.
Such headstone, marker, or medallion would be provided on
request for deceased Medal of Honor recipients who served in
the Armed Forces on or after April 6, 1917, the date the United
States entered World War I. The bill limits the special markers
for deceased Medal of Honor recipients who served on or after
April 6, 1917, to help protect antique headstones and preserve
the vista of historic cemeteries.

Section 2--Expansion of Presidential Memorial Certificate program

VA sends a Presidential Memorial Certificate that expresses
the nation's recognition and gratitude of military service to
the family members of a deceased veteran. The law limits
Presidential Memorial Certificates to the families of those who
served in the regular armed services, or National Guard and
Reserve members who were called to active duty.
This section would expand eligibility for a Presidential
Memorial Certificate to certain members of the Reserve
component of the Armed Forces, and the Army National Guard or
the Air National Guard. Under H.R. 4757, as amended, an
individual would be eligible for such Presidential Memorial
Certificate if he or she is eligible for interment or inurnment
in national cemeteries, regardless of the individual's date of
death.

Section 3--Transportation of deceased veterans to veterans' cemeteries

Current law only allows VA to pay the cost of transporting
the remains of a deceased veteran to the nearest open national
cemetery. This provision would prevent families of deceased
veterans from being financially penalized if they choose to lay
their loved one to rest in a State or tribal veterans'
cemetery, rather than in a national cemetery.
This section would authorize VA to pay the costs associated
with transporting the remains of a deceased veteran to the
State or tribal veterans' cemetery nearest to the deceased
veteran's last residence, if the veteran is eligible to be
buried in such State or tribal cemetery. The bill limits such
payment to no more than the cost of transportation to an open
national cemetery nearest to the veteran's last place of
residence.

Hearings

On April 13, 2016, the Subcommittee on Disability
Assistance and Memorial Affairs conducted a legislative hearing
on various bills introduced during the 114th Congress,
including H.R. 4757, H.R. 4758, and H.R. 4759, all of which are
included in H.R. 4757, as amended. The following witnesses
testified:

The Honorable Jeff Miller of Florida, U.S. House of
Representatives; the Honorable Corrine Brown of
Florida, U.S. House of Representatives; The Honorable
Ryan Costello of Pennsylvania, U.S. House of
Representatives; The Honorable Mia Love of Utah, U.S.
House of Representatives; Mr. David R. McLenachen,
Deputy Under Secretary for Disability Assistance,
Veterans Benefits Administration, U.S. Department of
Veterans Affairs, accompanied by: Mr. Matt Sullivan,
Deputy Under Secretary of Finance and Planning and CFO,
National Cemetery Administration, U.S. Department of
Veterans Affairs; Mr. Patrick K. Hallinan, Executive
Director, Army National Military Cemeteries, Department
of the Army; Mr. Carl Blake, Associate Executive
Director for Government Relations, Paralyzed Veterans
of America; Mr. Aleks Morosky, Deputy Director,
National Legislative Service, Veterans of Foreign Wars
of the United States; Mr. Paul R. Varela, Assistant
National Legislative Director, Disabled American
Veterans; Ms. Elizabeth Davis, Advocate for Survivors'
Benefits; and Mr. Edward G. Lilley, Team Leader for
Health Policy, National Veterans Affairs and
Rehabilitation Division, The American Legion.

A statement for the record was submitted by the following:

Mr. John Rowan, National President, Vietnam Veterans
of America.

Subcommittee Consideration

On May 11, 2016, the Subcommittee on Disability Assistance
and Memorial Affairs met in open markup session, a quorum being
present, and ordered H.R. 4757, as amended, favorably forwarded
to the full Committee by voice vote. During consideration of
H.R. 4757, the following amendment in the nature of a
substitute was considered:

An Amendment in the Nature of a Substitute offered by
Ms. Titus of Nevada, which added a provision requiring
the Secretary of the Army to reserve 100 in-ground
burial plost at Arlington National Cemetery for
individuals who have been awarded the Medal of Honor.
This provision would terminate on the date in which the
Secretary of the Army submits a report to Congress
regarding the capacity of Arlington National Cemetery.
The Amendment in the Nature of a Substitute was
agreeded to by voice vote.

Committee Consideration

On September 21, 2016, the full Committee met in open
markup session, a quorum being present, and ordered H.R. 4757,
as amended, favorably reported to the House of Representatives
by voice vote. During consideration of the bill, the following
amendment was considered:

An Amendment in the Nature of a Substitute was
offered by Representative Jeff Miller of Florida, which
removed the provision requiring the Secretary of the
Army to reserve 100 in-ground burial plots at Arlington
National Cemetery for individuals who have been awarded
the Medal of Honor. The Amendment in the Nature of a
Substitute also incorporated the text of H.R. 4757, as
introduced; H.R. 4758, as amended; and, H.R. 4759. The
Amendment in the Nature of a Substitute was agreed to
by voice vote.

Committee Votes

In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken on amendments or in connection with ordering H.R. 4757,
as amended, reported to the House. A motion by Acting Ranking
Member Mark Tankano to report H.R. 4757,as amended, favorably
to the House of Representatives was agreed to by voice vote.

Committee Oversight Findings

In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.

Statement of General Performance Goals and Objectives

In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee establishes the
following performance goals and objectives for this
legislation:

The Secretary will use this authority to furnish,
upon request, a headstone, marker, or medallion that
signifies a deceased veteran's status as Medal of Honor
recipient for such veterans who are buried in a private
cemetery; expand the eligibility for Presidental
Memorial Certificates; and pay the cost of
transportation of a deceased veteran to the nearest
national veterans' cemetery, nearest State veterans'
cemetery, or nearest tribal cemetery.

New Budget Authority, Entitlement Authority, and Tax Expenditures

In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.

Earmarks and Tax and Tariff Benefits

H.R. 4757, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.

Committee Cost Estimate

The Committee adopts as its own the cost estimate on H.R.
4757, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.

Congressional Budget Office Cost Estimate

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 4757, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974:

U.S. Congress,
Congressional Budget Office,
Washington, DC, October 13, 2016.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4757, a bill to
amend title 38, United States Code, to expand certain benefits
related to the burial of deceased veterans, and for other
purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Dwayne M.
Wright.
Sincerely,
Keith Hall.
Enclosure.

H.R. 4757--A bill to amend title 38, United States Code, to expand
certain benefits related to the burial of deceased veterans,
and for other purposes

Summary: H.R. 4757 would modify burial programs
administered by the Department of Veterans Affairs (VA) and
would make certain deceased veterans eligible for Presidential
Memorial Certificates. CBO estimates that enacting H.R. 4757
would increase direct spending by $36 million over the 2017-
2026 period. Pay-as-you-go procedures apply because enacting
the legislation would affect direct spending. Enacting the bill
would not affect revenues.
In addition, CBO estimates that implementing the bill would
have discretionary costs totaling less than $500,000 over the
2017-2021 period; that spending would be subject to the
availability of appropriated funds.
CBO estimates that enacting the legislation would not
increase net direct spending or on-budget deficits by more than
$5 billion in any of the four consecutive 10-year periods
beginning in 2027.
H.R. 4757 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 4757 is shown in the following table.
The costs of this legislation fall within budget function 700
(veterans benefits and services).

--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017-2021 2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN DIRECT SPENDINGa

Estimated Budget Authority.................................. 1 3 3 3 4 4 4 4 4 5 15 36
Estimated Outlays........................................... 1 3 3 3 4 4 4 4 4 5 15 36
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
aIn addition to the changes in direct spending shown above, implementing H.R. 4757 would have discretionary costs totaling less than $500,000 over the
2017-2021 period.

Basis of estimate: For this estimate, CBO assumes that H.R.
4757 will be enacted before the end of calendar year 2016, that
appropriations will reflect the estimated changes each year,
and that outlays will follow historical spending patterns for
the affected programs.

Direct spending

Two provisions in H.R. 4757 would affect direct spending by
modifying burial benefits for veterans. CBO estimates that
enacting H.R. 4757 would increase direct spending by $36
million over the 2017-2026 period.
Transportation of Deceased Veterans to Cemeteries. Section
3 would allow VA to pay for the costs of transporting the
remains of deceased veterans to state or tribal cemeteries up
to the amount it would cost to transport those remains to the
nearest national cemetery. Under current law, VA may pay the
costs for transporting the remains of deceased veterans to the
nearest national cemetery.
Over the 2011-2014 period, VA paid to transport the remains
of about 20 percent of the veterans who were buried in national
cemeteries. The average amount paid for that service in 2015
was about $600. CBO expects that, under this provision,
requests for payment of transportation costs to state or tribal
cemeteries would be made at a similar rate and that the average
cost would be the same.
The number of veterans buried in state or tribal cemeteries
grew from 21,300 in 2011 to 23,200 in 2014. CBO expects that
rate of growth to continue over the 2017-2026 period and
estimates that the number of such burials will increase from
24,600 in 2017 to 31,900 in 2026. CBO expects that VA would pay
to transport remains for about 20 percent of those burials, or
about 4,900 in 2017 increasing to about 6,400 in 2026. The
average cost of transporting a veteran's remains grew from $565
in 2011 to $601 in 2015 and CBO estimates a similar rate of
growth in the average cost over the 2017-2026 period, leading
to an average cost of transport per veteran of $762 in 2026.
On that basis, CBO estimates that enacting section 3 would
increase direct spending by $36 million over the 2017-2026
period.
Burial Markers for Medal of Honor Recipients. Section 1
would make all Medal of Honor recipients who died after April
6, 1917, eligible for a headstone, marker, or medallion that
signifies the veteran's status as a recipient of the Medal of
Honor. Because of the small number of individuals who would be
made eligible under section 4 (about 1,100) and the small
average cost per headstone, marker, or medallion (about $200
for a headstone or marker and $34 for a medallion in 2015), CBO
estimates that enacting section 1 would increase direct
spending by less than $500,000 over the 2017-2026 period.

Spending subject to appropriation

Section 2 would make certain deceased veterans who served
in the National Guard or Reserves eligible to receive a
Presidential Memorial Certificate. According to VA, the average
cost in 2015 for a Presidential Memorial Certificate was $1.
The application rate of those currently eligible for the
certificate is quite low. On that basis, CBO estimates that the
cost for implementing section 2 would be less than $500,000
over the 2017-2021 period; such spending would be subject to
the availability of appropriated funds.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.

Statutory Pay-As-You-Go Impact.............................. 1 3 3 3 4 4 4 4 4 5 15 36
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.

Increase in long-term direct spending and deficits: CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits by more than $5 billion
in any of the four consecutive 10-year periods beginning in
2027.
Intergovernmental and private-sector impact: H.R. 4757
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Previous CBO estimate: On September 9, 2016, CBO
transmitted a cost estimate for H.R. 4782, the Veterans'
Compensation Cost-of-Living Adjustment Act of 2016, as ordered
reported by the House Committee on Veterans' Affairs on May 18,
2016. H.R. 4757 contains sections that are similar to sections
3, 4, and 5 of H.R. 4782 and the estimated costs for those
provisions are the same.
Estimate prepared by: Federal Costs: Dwayne M. Wright;
Impact on State, Local, and Tribal Governments: Jon Sperl;
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.

Federal Mandates Statement

The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 4757, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.

Advisory Committee Statement

No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
4757, as amended.

Constitutional Authority Statement

Pursuant to Article I, section 8 of the United States
Constitution, H.R. 4757, as amended, is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''

Applicability to Legislative Branch

The Committee finds that H.R. 4757, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.

Statement on Duplication of Federal Programs

Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 4757, as amended,
establishes or reauthorizes a program of the Federal Government
known to be duplicative of another Federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.

Disclosure of Directed Rulemaking

Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that H.R. 4757, as amended, contains no
directed rule making that would require the Secretary to
prescribe regulations.

Section-by-Section Analysis of the Legislation

Section 1--Expansion of eligibility for headstones, markers, and
medallions for Medal of Honor recipients

Section 1 would authorize VA to provide a distinctive
headstone, marker, or medallion to adorn the gravesites of
Medal of Honor recipients who served in the Armed Forces on or
after April 6, 1917.

Section 2-- Expansion of Presidential Memorial Certificate program

Section 2(a) would expand eligibility for a Presidential
Memorial Certificate to members of the Reserve component of the
Armed Forces, and the Army National Guard or the Air National
Guard who are eligible to be buried in a national cemetery.
Section 2(b) would establish that this Section would apply
with respect to the death of an eligible person occurring
before, on, or after the date of enactment of this Act.

Section 3--Transportation of deceased veterans to veterans' cemeteries

Section 3(a) would authorize VA to pay the cost of
transporting the remains of a deceased veteran to a covered
veterans' cemetery. Such payment would not exceed the cost of
transportation to the national cemetery nearest to the
veteran's last place of residence in which burial space is
available.
Section 3(b) would define covered veterans' cemetery as a
cemetery owned by a State or tribal organization, in which the
deceased veteran is eligible to be buried.
Section 3(c) would provide a conforming amendment.
Section 3(d) would provide a clerical amendment.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):

TITLE 38, UNITED STATES CODE

* * * * * * *

PART I--GENERAL PROVISIONS

* * * * * * *

CHAPTER 1--GENERAL

* * * * * * *

Sec. 112. Presidential memorial certificate program

(a) At the request of the President the Secretary may conduct
a program for honoring the memory of deceased veterans,
discharged under honorable conditions, persons eligible for
burial in a national cemetery by reason of paragraph (2), (3),
or (7) of section 2402(a) of this title, and persons who died
in the active military, naval, or air service, by preparing and
sending to eligible recipients a certificate bearing the
signature of the President and expressing the country's
grateful recognition of the deceased individual's service in
the Armed Forces. The award of a certificate to one eligible
recipient will not preclude authorization of another
certificate if a request is received from some other eligible
recipient.
(b) For the purpose of this section an ``eligible recipient''
means the next of kin, a relative or friend upon request, or an
authorized service representative acting on behalf of such
relative or friend.
(c) A certificate may not be furnished under the program
under subsection (a) on behalf of a deceased person described
in section 2411(b) of this title.

* * * * * * *

PART II--GENERAL BENEFITS

* * * * * * *

CHAPTER 23--BURIAL BENEFITS

Sec.
2301. Flags.
* * * * * * *
[2308. Transportation of deceased veteran to a national cemetery.]
2308. Transportation of deceased veteran to a national cemetery or a
veterans' cemetery.

* * * * * * *

Sec. 2306. Headstones, markers, and burial receptacles

(a) The Secretary shall furnish, when requested, appropriate
Government headstones or markers at the expense of the United
States for the unmarked graves of the following:
(1) Any individual buried in a national cemetery or in a post
cemetery.
(2) Any individual eligible for burial in a national cemetery
(but not buried there), except for those persons or classes of
persons enumerated in section 2402(a)(4), (5), and (6) of this
title.
(3) Soldiers of the Union and Confederate Armies of the Civil
War.
(4) Any individual described in section 2402(a)(5) of this
title who is buried in a veterans' cemetery owned by a State.
(5) Any individual who at the time of death was entitled to
retired pay under chapter 1223 of title 10 or would have been
entitled to retired pay under that chapter but for the fact
that the person was under 60 years of age.
(b)(1) The Secretary shall furnish, when requested, an
appropriate memorial headstone or marker for the purpose of
commemorating an eligible individual whose remains are
unavailable. Such a headstone or marker shall be furnished for
placement in a national cemetery area reserved for that purpose
under section 2403 of this title, a veterans' cemetery owned by
a State, or, in the case of a veteran, in a State, local, or
private cemetery.
(2) For purposes of paragraph (1), an eligible individual is
any of the following:
(A) A veteran.
(B) The spouse or surviving spouse of a veteran.
(C) An eligible dependent child of a veteran.
(3) For purposes of paragraph (1), the remains of an
individual shall be considered to be unavailable if the
individual's remains--
(A) have not been recovered or identified;
(B) were buried at sea, whether by the individual's
own choice or otherwise;
(C) were donated to science; or
(D) were cremated and the ashes scattered without
interment of any portion of the ashes.
(4) For purposes of this subsection:
(A) The term ``veteran'' includes an individual who
dies in the active military, naval, or air service.
(B) The term ``surviving spouse'' includes a
surviving spouse who had a subsequent remarriage.
(5) For purposes of this section, the term ``eligible
dependent child'' means a child--
(A) who is under 21 years of age, or under 23 years
of age if pursuing a course of instruction at an
approved educational institution; or
(B) who is unmarried and became permanently
physically or mentally disabled and incapable of self-
support before reaching 21 years of age, or before
reaching 23 years of age if pursuing a course of
instruction at an approved educational institution.
(c) A headstone or marker furnished under subsection (a),
(b), or (d) of this section may be of any material, including
but not limited to marble, granite, bronze, or slate, requested
by the person entitled to request such headstone or marker if
the material requested is determined by the Secretary (1) to be
cost effective, and (2) in a case in which the headstone or
marker is to be placed in a national cemetery, to be
aesthetically compatible with the area of the cemetery in which
it is to be placed.
(d)(1) The Secretary shall furnish, when requested, an
appropriate Government headstone or marker at the expense of
the United States for the grave of an individual described in
paragraph (2) or (5) of subsection (a) who is buried in a
private cemetery, notwithstanding that the grave is marked by a
headstone or marker furnished at private expense. Such a
headstone or marker may be furnished only if the individual
making the request for the Government headstone or marker
certifies to the Secretary that the headstone or marker will be
placed on the grave for which the headstone or marker is
requested, or, if placement on the grave is impossible or
impracticable, as close as possible to the grave within the
grounds of the cemetery in which the grave is located.
(2) Any headstone or marker furnished under this subsection
shall be delivered by the Secretary directly to the cemetery
where the grave is located or to a receiving agent for delivery
to the cemetery.
(3) The headstone or marker furnished under this subsection
shall be the headstone or marker selected by the individual
making the request from among all the headstones and markers
made available by the Government for selection.
(4) In lieu of furnishing a headstone or marker under this
subsection, the Secretary may furnish, upon request, a
medallion or other device of a design determined by the
Secretary to signify the deceased's status as a veteran, to be
attached to a headstone or marker furnished at private expense.
(5)(A) In carrying out this subsection with respect to a
deceased individual described in subparagraph (C), the
Secretary shall furnish, upon request, a headstone or marker
under paragraph (1) or a medallion under paragraph (4) that
signifies the deceased's status as a Medal of Honor recipient.
(B) If the Secretary furnished a headstone, marker, or
medallion under paragraph (1) or (4) for a deceased individual
described in subparagraph (C) that does not signify the
deceased's status as a Medal of Honor recipient, the Secretary
shall, upon request, replace such headstone, marker, or
medallion with a headstone, marker, or medallion, as the case
may be, that so signifies the deceased's status as a Medal of
Honor recipient.
(C) A deceased individual described in this subparagraph is a
deceased individual who--
(i) served in the Armed Forces on or after April 6,
1917;
(ii) is eligible for a headstone or marker furnished
under paragraph (1) or a medallion furnished under
paragraph (4) (or would be so eligible for such
headstone, marker, or medallion but for the date of the
death of the individual); and
(iii) was awarded the Medal of Honor (including
posthumously).
(e)(1) The Secretary of Veterans Affairs shall provide an
outer burial receptacle for each new grave in an open cemetery
under the control of the National Cemetery Administration in
which remains are interred in a casket. The Secretary of the
Army may provide an outer burial receptacle for such a grave in
the Arlington National Cemetery.
(2) The use of outer burial receptacles in a cemetery under
the control of the National Cemetery Administration or in the
Arlington National Cemetery shall be in accordance with
regulations or procedures approved by the Secretary of Veterans
Affairs or Secretary of the Army, respectively.
(3) Regulations or procedures under paragraph (2) may specify
that--
(A) an outer burial receptacle other than a grave
liner be provided in lieu of a grave liner at the
election of the survivors of the interred veteran; and
(B) if an outer burial receptacle other than a grave
liner is provided in lieu of a grave liner upon an
election of such survivors, such survivors be
required--
(i) to pay the amount by which the cost of
the outer burial receptacle exceeds the cost of
the grave liner that would otherwise have been
provided in the absence of the election; and
(ii) to pay the amount of the administrative
costs incurred by the Secretary (or, with
respect to Arlington National Cemetery, the
Secretary of the Army) in providing the outer
burial receptacle in lieu of such grave liner.
(4) Regulations or procedures under paragraph (2) may provide
for the use of a voucher system, or other system of
reimbursement approved by the Secretary (or, with respect to
Arlington National Cemetery, the Secretary of the Army), for
payment for outer burial receptacles other than grave liners
provided under such regulations or procedures.
(f) The Secretary may furnish a casket or urn, of such
quality as the Secretary considers appropriate for a dignified
burial, for burial in a national cemetery of a deceased veteran
in any case in which the Secretary--
(1) is unable to identify the veteran's next of kin,
if any; and
(2) determines that sufficient resources for the
furnishing of a casket or urn for the burial of the
veteran in a national cemetery are not otherwise
available.
(g)(1) When the Secretary has furnished a headstone or marker
under subsection (a) for the unmarked grave of an individual,
the Secretary shall, if feasible, add a memorial inscription to
that headstone or marker rather than furnishing a separate
headstone or marker under that subsection for the surviving
spouse or eligible dependent child of such individual.
(2) When the Secretary has furnished a memorial headstone or
marker under subsection (b) for purposes of commemorating a
veteran or an individual who died in the active military,
naval, or air service, the Secretary shall, if feasible, add a
memorial inscription to that headstone or marker rather than
furnishing a separate memorial headstone or marker under that
subsection for the surviving spouse or eligible dependent child
of such individual.
(h)(1) A headstone or marker may not be furnished under
subsection (a) for the unmarked grave of a person described in
section 2411(b) of this title.
(2) A memorial headstone or marker may not be furnished under
subsection (b) for the purpose of commemorating a person
described in section 2411(b) of this title.
(3) A headstone or marker may not be furnished under
subsection (d) for the grave of a person described in section
2411(b) of this title.
(4) A casket or urn may not be furnished under subsection (f)
for burial of a person described in section 2411(b) of this
title.

* * * * * * *

Sec. 2308. Transportation of deceased veteran to a national cemetery
or a veterans' cemetery

[(a) In General.--The Secretary may pay, in addition to any
amount paid pursuant to section 2302 or 2307 of this title, the
cost of transportation of the deceased veteran described in
subsection (b) for burial in a national cemetery. Such payment
shall not exceed the cost of transportation to the national
cemetery nearest the veteran's last place of residence in which
burial space is available.]
(a) In General.--(1) The Secretary may pay, in addition to
any amount paid pursuant to section 2302 or 2307 of this title,
the cost of transportation of the deceased veteran described in
paragraph (1) or (2) of subsection (b) for burial in a national
cemetery or a covered veterans' cemetery. Such payment shall
not exceed the cost of transportation to the national cemetery
nearest the veteran's last place of residence in which burial
space is available.
(2) The Secretary may pay, in addition to any amount paid
pursuant to section 2302 or 2307 of this title, the cost of
transportation of the deceased veteran described in subsection
(b)(3) for burial in a national cemetery. Such payment shall
not exceed the cost of transportation to the national cemetery
nearest the veteran's last place of residence in which burial
space is available.
(b) Deceased Veteran Described.--A deceased veteran described
in this subsection is any of the following veterans:
(1) A veteran who dies as the result of a service-
connected disability.
(2) 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).
(3) A veteran whom the Secretary determines is
eligible for funeral expenses under section 2302 of
this title by virtue of the Secretary determining that
the veteran has no next of kin or other person claiming
the body of such veteran pursuant to subsection
(a)(2)(A) of such section.
(c) Covered Veterans' Cemetery Defined.--In this section, the
term ``covered veterans' cemetery'' means, with respect to a
deceased veteran described in subsection (b), a veterans'
cemetery owned by a State or a tribal organization (as defined
in section 3765(4) of this title) in which the deceased veteran
is eligible to be buried.

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