69–006 

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 


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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.’’. 


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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. 


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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: 


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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 inground 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. 


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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-asyou-go procedures apply because enacting the legislation would affect direct spending. Enacting the bill would not affect revenues. 


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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 SPENDING a

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. 

a In 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 


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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. 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017– 

2021 

2017– 

2026 

NET INCREASE OR DECREASE (¥) IN THE [ON-BUDGET] DEFICIT 

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-ofLiving 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. 


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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. 


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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 

* * * * * * * 

§ 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 


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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. 

* * * * * * * 

ø2308. Transportation of deceased veteran to a national cemetery.¿ 

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

* * * * * * * 

§ 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. 


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(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 


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13 

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 


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14 

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. 

* * * * * * * 

§ 2308. Transportation of deceased veteran to a national 

cemetery or a veterans’ cemetery 

ø(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 


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15 

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. 

Æ 


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