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Title II — Burial Matters

H.R. 7952 · 116th Congress · Aug 7, 2020 · Lineage

II Burial Matters

Sec. 201 Transportation of deceased veterans to veterans’ cemeteries

(a)
In general— Subsection (a) of section 2308 of title 38, United States Code, is amended by striking “in a national cemetery” and inserting “in a national cemetery or a covered veterans’ cemetery”.
(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 a veterans’ cemetery—

“(1) in which a deceased veteran described in subsection (b) is eligible to be buried; and

“(2) for which the Secretary has made a grant under section 2408 of this title.”

(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:

Sec. 202 Increase in certain funeral benefits under laws administered by the Secretary of Veterans Affairs

(a)
Funeral expenses for non-Service connected disabilities— Chapter 23 of title 38, United States Code, is amended as follows:
(1)
By transferring subsection (b) of section 2302 to the end of section 2303 and redesignating it as subsection (d).
(2)
By striking section 2302.
(3)
In section 2303—
(A)
in the section heading, by striking “Death in Department facility” and inserting “Death from non-service-connected disability”; and
(B)
in subsection (a)—
(i)
in paragraph (1), by striking “a veteran dies in a facility described in paragraph (2)” and inserting “a veteran described in paragraph (2) dies”;
(ii)
by striking paragraph (2) and inserting the following new paragraph:

“(2) A veteran described in this paragraph is a deceased veteran who is not covered by section 2307 and who meets any of the following criteria:

“(A) The deceased veteran dies in—

“(i) 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

“(ii) 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.

“(B) At the time of death, the deceased veteran (including a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title) is in receipt of compensation (or but for the receipt of retirement pay would have been entitled to compensation) or was in receipt of pension.

“(C) The Secretary determines—

“(i) the deceased veteran (including a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title) has no next of kin or other person claiming the body of the deceased veteran; and

“(ii) that there are not available sufficient resources to cover burial and funeral expenses.”

(iii)
in subsection (b)—
(I)
by striking “section 2302 of this title and”; and
(II)
by striking “under section 2302 of this title or”; and
(iv)
in subsection (d), as added by paragraph (1) of this subsection, by striking “Except as” and inserting “With respect to a deceased veteran described in subparagraph (B) or (C) of subsection (a)(2), except as”.
(b)
Conforming amendments— Chapter 23 of such title is amended as follows:
(1)
Section 2304 is amended by striking “Applications for payments under section 2302 of this title” and inserting “Applications for payments under section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section”.
(2)
Section 2307 is amended by striking “sections 2302 and 2303(a)(1) and (b)(2) of this title” and inserting “section 2303(a)(1) and (b)(2) of this title”.
(3)
Section 2308(a) is amended by striking “pursuant to section 2302 or 2307 of this title,” and inserting “pursuant to section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to section 2307,”.
(c)
Clerical amendment— The table of sections at the beginning of chapter 23 of such title is amended by striking the items relating to sections 2302 and 2303 and inserting the following new item:
(d)
Effective date— The amendments made by this Act shall apply to deaths that occur on or after the date of the enactment of this Act.

Sec. 203 Outer burial receptacles for each new grave in cemeteries that are the subjects of certain grants made by the Secretary of Veterans Affairs

Section 2306(e) of title 38, United States Code, is amended—
(1)
in paragraph (1)(A), by inserting “, or in a cemetery that is the subject of a grant to a State or a tribal organization under section 2408 of this title,” after “National Cemetery Administration”; and
(2)
by striking paragraph (2) and inserting the following new paragraph (2):

“(2) The use of outer burial receptacles in—

“(A) a cemetery under the control of the National Cemetery Administration or in a cemetery that is the subject of a grant to a State or a tribal organization under section 2408 of this title shall be in accordance with regulations or procedures approved by the Secretary of Veterans Affairs; and

“(B) Arlington National Cemetery shall be in accordance with regulations or procedures approved by the Secretary of the Army.”

Sec. 204 Provision of inscriptions for spouses and children on certain headstones and markers furnished by Secretary of Veterans Affairs

(a)
In general— Section 2306 of title 38, United States Code, as amended by section 203, is further amended by adding at the end the following new subsection:

“(j)

“(1) In addition to any other authority under this section, in the case of an individual whose grave is not in a covered cemetery (as that term is defined in subsection (f)(2)) and for whom the Secretary has furnished a headstone or marker under subsection (a) or (d), the Secretary, if feasible and upon request, may replace the headstone or marker to add an inscription for the surviving spouse or eligible dependent child of such individual following the death of the surviving spouse or eligible dependent child.

“(2) If the spouse or eligible dependent child of an individual referred to in paragraph (1) predeceases the individual, the Secretary may, if feasible and upon request, include an inscription for the spouse or dependent child on the headstone or marker furnished for the individual under subsection (a) or (d).”

(b)
Application— Subsection (j) of section 2306 of title 38, United States Code, as added by subsection (a), shall apply with respect to an individual who dies on or after October 1, 2019.