US Codex
Pub. L.
Notes

Title III — Burial Benefits and Other Matters

114th Congress · Approved Dec 16, 2016 · 130 Stat. 1536

TITLE III Burial Benefits and Other Matters

SEC. 301. Expansion of Eligibility for Headstones, Markers, and Medallions.

Section 2306(d) is amended—
(1)
by striking paragraph (4) and inserting the following new paragraph:

“(4)

(A) In lieu of furnishing a headstone or marker under this subsection to a deceased individual described in subparagraph (B), the Secretary may furnish, upon request, a medallion or other device of a design determined by the Secretary to signify the deceased individual’s status as a veteran, to be attached to a headstone or marker furnished at private expense.

“(B) A deceased individual described in this subsection is an individual who—

“(i) served in the Armed Forces on or after April 6, 1917; and

“(ii) is eligible for a headstone or marker furnished under paragraph (1) (or would be so eligible but for the date of the death of the individual).”

; and

(2)
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 under section 3741, 6241, or 8741 of title 10 or section 491 of title 14 (including posthumously).

“(D) In this paragraph, the term ‘medal of honor recipient’ means an individual who is awarded the medal of honor under section 3741, 6241, or 8741 of title 10 or section 491 of title 14.”

SEC. 302. Expansion of Presidential Memorial Certificate Program.

(a)
In General.— Section 112(a) is amended by striking “ veterans,” and all that follows through “ service,” and inserting the following: “ persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (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 (1), (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. 303. Department of Veterans Affairs Study on Matters Relating to Burial of Unclaimed Remains of Veterans in National Cemeteries.

(a)
Study and Report Required.— Not later than 1 year after the effective date specified in subsection (d), the Secretary of Veterans Affairs shall—
(1)
complete a study on matters relating to the interring of unclaimed remains of veterans in national cemeteries under the control of the National Cemetery Administration; and
(2)
submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the Secretary with respect to the study required under paragraph (1).
(b)
Matters Studied.— The matters studied under subsection (a)(1) shall include the following:
(1)
Determining the scope of issues relating to unclaimed remains of veterans, including an estimate of the number of unclaimed remains of veterans.
(2)
Assessing the effectiveness of the procedures of the Department of Veterans Affairs for working with persons or entities having custody of unclaimed remains to facilitate interment of unclaimed remains of veterans in national cemeteries under the control of the National Cemetery Administration.
(3)
Assessing State and local laws that affect the ability of the Secretary to inter unclaimed remains of veterans in national cemeteries under the control of the National Cemetery Administration.
(4)
Developing recommendations for such legislative or administrative action as the Secretary considers appropriate.
(c)
Methodology.—
(1)
Number of unclaimed remains.— In estimating the number of unclaimed remains of veterans under subsection (b)(1), the Secretary may review such subset of applicable entities as the Secretary considers appropriate, including a subset of funeral homes and coroner offices that possess unclaimed veterans remains.
(2)
Assessment of state and local laws.— In assessing State and local laws under subsection (b)(3), the Secretary may assess such sample of applicable State and local laws as the Secretary considers appropriate in lieu of reviewing all applicable State and local laws.
(d)
Effective Date.— This section shall take effect on the date that is 1 year after the date of the enactment of this Act.

SEC. 304. Study on Provision of Interments in Veterans’ Cemeteries During Weekends.

(a)
Study.—
(1)
In general.— The Secretary of Veterans Affairs shall conduct a study on the feasibility and the need for providing increased interments in veterans’ cemeteries on Saturdays and Sundays to meet the needs of surviving family members to properly honor the deceased.
(2)
Matters included.— The study under paragraph (1) shall include the following:
(A)
The number of requests made for interments in veterans’ cemeteries on a Saturday or a Sunday since January 1, 2007.
(B)
The number of requests identified under subparagraph (A) that were granted.
(C)
An estimate of the number of families that, since January 1, 2007, would have selected a weekend interment if such an interment would have been offered.
(D)
A review of the practices relating to weekend interments among non-veterans’ cemeteries, including private and municipal cemeteries.
(E)
A comparison of the costs to veterans’ cemeteries with respect to providing regular interments only during weekdays and such costs for providing regular interments during the weekdays and at least 1 weekend day.
(F)
Any other information the Secretary determines appropriate.
(3)
Consultation.— In carrying out the study under paragraph (1), the Secretary shall consult with the following:
(A)
Veterans who are eligible to be interred in a veterans’ cemetery.
(B)
Family members of a deceased individual interred in a veterans’ cemetery.
(C)
Veterans service organizations.
(D)
Associations representing cemetery and funeral home professionals.
(E)
The heads of agencies of State governments relating to veterans affairs.
(F)
The directors of the veterans’ cemeteries.
(G)
Any other person the Secretary determines appropriate.
(b)
Submission.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the study conducted under subsection (a).
(c)
Veterans’ Cemeteries Defined.— In this section, the term “veterans’ cemeteries” means the cemeteries of the National Cemetery Administration, veterans’ cemeteries owned by a State, and veterans’ cemeteries owned by a tribal organization.

SEC. 305. Honoring as Veterans Certain Persons Who Performed Service in the Reserve Components of the Armed Forces.

Any person who is entitled under chapter 1223 of title 10, United States Code, to retired pay for nonregular service or, but for age, would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this honor.