59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–738 

VETERANS’ COMPENSATION COST-OF-LIVING 

ADJUSTMENT ACT OF 2016 

SEPTEMBER 12, 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. 4782] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs, to whom was referred the 

bill (H.R. 4782) to increase, effective as of December 1, 2016, the 

rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for 

the survivors of certain disabled veterans, and for other purposes, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 4 

Background and Need for Legislation .................................................................... 5 

Hearings ................................................................................................................... 7 

Subcommittee Consideration .................................................................................. 8 

Subcommittee Votes ................................................................................................ 8 

Committee Consideration ........................................................................................ 9 

Committee Votes ...................................................................................................... 9 

Committee Oversight Findings ............................................................................... 9 

Statement of General Performance Goals and Objectives .................................... 10 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 10 

Earmarks and Tax and Tariff Benefits .................................................................. 10 

Committee Cost Estimate ....................................................................................... 10 

Congressional Budget Office Estimate ................................................................... 10 

Federal Mandates Statement ................................................................................. 15 

Advisory Committee Statement .............................................................................. 15 

Constitutional Authority Statement ...................................................................... 15 

Applicability to Legislative Branch ........................................................................ 15 

Statement on Duplication of Federal Program ..................................................... 15 

Disclosure of Directed Rulemaking ........................................................................ 15 

Section-by-Section Analysis of the Legislation ...................................................... 16 

Changes in Existing Law Made by the Bill as Reported ...................................... 18 


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AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Veterans’ Compensation Cost-of-Living Adjustment 

Act of 2016’’. 

SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. 

(a) RATE ADJUSTMENT.—Effective on December 1, 2016, the Secretary of Veterans 

Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect 

on November 30, 2016, for the payment of disability compensation and dependency 

and indemnity compensation under the provisions specified in subsection (b). 

(b) AMOUNTS TO BE INCREASED.—The dollar amounts to be increased pursuant to 

subsection (a) are the following: 

(1) WARTIME DISABILITY COMPENSATION.—Each of the dollar amounts under 

section 1114 of title 38, United States Code. 

(2) ADDITIONAL COMPENSATION FOR DEPENDENTS.—Each of the dollar amounts 

under section 1115(1) of such title. 

(3) CLOTHING ALLOWANCE.—The dollar amount under section 1162 of such 

title. 

(4) DEPENDENCY AND INDEMNITY COMPENSATION TO SURVIVING SPOUSE.—Each 

of the dollar amounts under subsections (a) through (d) of section 1311 of such 

title. 

(5) DEPENDENCY AND INDEMNITY COMPENSATION TO CHILDREN.—Each of the 

dollar amounts under sections 1313(a) and 1314 of such title. 

(c) DETERMINATION OF INCREASE.— 

(1) PERCENTAGE.—Except as provided in paragraph (2), each dollar amount 

described in subsection (b) shall be increased by the same percentage as the 

percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2016, as a 

result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). 

(2) ROUNDING.—Each dollar amount increased under paragraph (1), if not a 

whole dollar amount, shall be rounded to the next lower whole dollar amount. 

(d) SPECIAL RULE.—The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85–857 (72 

Stat. 1263) who have not received compensation under chapter 11 of title 38, United 

States Code. 

(e) PUBLICATION OF ADJUSTED RATES.—The Secretary of Veterans Affairs shall 

publish in the Federal Register the amounts specified in subsection (b), as increased 

under this section, not later than the date on which the matters specified in section 

215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during 

fiscal year 2017. 

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.’’. 


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(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 such chapter 

is amended by striking the item relating to section 2308 and inserting the following 

new item: 

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

SEC. 4. 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. 5. 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. 6. BURIAL PLOTS AT ARLINGTON NATIONAL CEMETERY FOR INDIVIDUALS AWARDED 

THE MEDAL OF HONOR. 

(a) RESERVATION.—Of the number of in-ground burial plots available at Arlington 

National Cemetery as of the date of the enactment of this Act, the Secretary of the 

Army shall reserve 100 such plots to inter deceased individuals who have been 

awarded the Medal of Honor. 

(b) TERMINATION.—The requirement under subsection (a) shall terminate on the 

date on which the Secretary of the Army to the Committees on Veterans’ Affairs 

and the Committees on Armed Services of the House of Representatives and the 

Senate a report on the interment and inurnment capacity of Arlington National 

Cemetery that includes— 

(1) the estimated date that the Secretary determines the cemetery will reach 

maximum interment and inurnment capacity; and 

(2) in light of the unique and iconic meaning of the cemetery to the United 

States, recommendations for legislative actions and nonlegislative options that 

the Secretary determines necessary to ensure that the maximum interment and 

inurnment capacity of the cemetery is not reached until well into the future, 

including such actions and options with respect to— 

(A) redefining eligibility criteria for interment and inurnment in the cemetery; and 

(B) considerations for additional expansion opportunities beyond the current boundaries of the cemetery. 

SEC. 7. PILOT PROGRAM ON DEPARTMENT OF VETERANS AFFAIRS VETERAN ENGAGEMENT 

TEAM EVENTS. 

(a) IN GENERAL.— 

(1) PILOT PROGRAM.—Beginning not later than October 1, 2016, the Secretary 

of Veterans Affairs shall carry out a three-year pilot program under which the 

Secretary shall carry out events, to be known as ‘‘Veteran Engagement Team 

events’’. The Secretary shall ensure that such events are carried out— 

(A) during the first year during which the Secretary carries out the pilot 

program, at least once a month in a location within the jurisdiction of each 


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of 10 regional offices of the Department of Veterans Affairs, including at 

least two regional offices in each of the five districts of the Veterans Benefits Administration under the organization of such Administration in effect 

as of the date of the enactment of this Act; and 

(B) during each of the second and third years during which the Secretary 

carries out the pilot program, at least once a month in a location within 

the jurisdiction of each of 15 regional offices of the Department, including 

at least three regional offices in each such district. 

(2) VETERAN ENGAGEMENT TEAM EVENTS.—During each Veteran Engagement 

Team event, the Secretary shall provide assistance to veterans in completing 

and adjudicating claims for disability compensation under chapter 11 of title 38, 

United States Code, and for pension under chapter 15 of such title. The Secretary shall ensure that— 

(A) all Veteran Engagement Team events occur during the normal business hours of the sponsoring regional office; 

(B) the events are carried out at different locations within the jurisdiction 

of each regional office and at least 50 miles from any regional office; 

(C) a sufficient number of physicians (to be available for opinions only), 

veteran service representatives and rating veteran service representatives, 

and other personnel are available at the events to initiate, update, and finalize the completion and adjudication of claims; 

(D) veterans service organizations have access to the events for purposes 

of providing assistance to veterans; and 

(E) a veteran who is unable to complete and adjudicate a claim at an 

event is informed of what additional information or actions are needed to 

finalize the claim. 

(b) LOCATION.—In selecting locations for Veteran Engagement Team events under 

this section, the Secretary shall— 

(1) coordinate with veteran service organizations and State and local veterans 

agencies; and 

(2) seek to select locations that are community-based and easily accessible. 

(c) TRANSFER OF PERSONNEL.— 

(1) PHYSICIANS.—The Secretary may not permanently transfer any physician 

employed by the Veterans Health Administration for the purpose of staffing a 

Veteran Engagement Team event. 

(2) PAYMENT OF SALARIES.—Any amount payable to an employee of the Department for work performed at a Veteran Engagement Team event is payable 

only from amounts otherwise available for the payment of the salary of the employee. No additional amounts are authorized to be appropriated under this section for the payment of salaries for Department employee. 

(d) OTHER AUTHORITIES.—In carrying out the pilot program under this section, 

the Secretary may— 

(1) coordinate with States, local governments, nonprofit organizations, and 

private sector entities to use facilities to host Veteran Engagement Team events 

for no or minimal costs; and 

(2) accept, on a without compensation basis, services provided by non-Department physicians in rendering medical opinions relating to claims for compensation and pension. 

(e) CUSTOMER SATISFACTION SURVEYS.—In carrying out the pilot program under 

this section, the Secretary shall collect and analyze information about the customer 

satisfaction of veterans who have received assistance at an Veteran Engagement 

Team event. 

(f) REPORTS.—Not later than April 30, 2017, and annually thereafter beginning on 

October 1, 2017, for the duration of the program, the Secretary shall submit to Congress a report on the implementation and effectiveness of the events. Such report 

shall include— 

(1) the number and types of claims completed and adjudicated at the events; 

(2) the number and types of claims for which assistance was sought at the 

events that were not completed or adjudicated at the events and the reasons 

such claims were not completed or adjudicated; and 

(3) an analysis of the customer satisfaction of veterans who have received assistance at an event based on the information collected under subsection (e). 

PURPOSE AND SUMMARY

H.R. 4782, the ‘‘Veterans’ Compensation Cost-of-Living Adjustment Act of 2016,’’ was introduced by Representative Ralph Abraham of Louisiana on March 17, 2016. H.R. 4782, as amended, was 


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ordered to be favorably reported to the full House on May 18, 2016. 

This legislation incorporates text of H.R. 4782, as well as provisions from H.R. 3936, introduced by Representative Ryan Costello 

of Pennsylvania as well as H.R. 4757, H.R. 4758, and H.R. 4759, 

introduced by Representative Jeff Miller of Florida. 

H.R. 4782, as amended, would (1) as of December 1, 2016, increase the rates of Wartime Disability Compensation, Compensation for Dependents, Clothing Allowance, Dependency and Indemnity Compensation (DIC) to Surviving Spouse, and Dependency and 

Indemnity Compensation to Children by the same percentage as 

the increase in benefits provided under title II (Old Age, Survivors, 

and Disability Insurance) of the Social Security Act; (2) authorize 

the Department of Veterans Affairs (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; (3) allow VA to provide a 

headstone, marker, or medallion for deceased veterans who were 

awarded the Medal of Honor; (4) establish that families of certain 

deceased members of the National Guard and Reserve would be eligible to receive a Presidential Memorial Certificate; (4) require the 

Secretary of the Army to reserve 100 in-ground burial plots at Arlington National Cemetery for deceased individuals who have been 

awarded the Medal of Honor; and (5) establish a three-year pilot 

program of Veteran Engagement Team events to assist veterans in 

completing disability compensation and pension claims. 

BACKGROUND AND NEED FOR LEGISLATION

The purpose of the disability compensation program is to provide 

relief from the impaired earning capacity of veterans disabled as 

the result of their military service. The amount of compensation 

payable varies according to the degree of disability. This amount in 

turn is required by law to represent, to the extent practicable, the 

average impairment in earning capacity in civilian occupations resulting from such disability or combination of disabilities. 

To be eligible to receive disability compensation, a veteran must 

have a disability incurred or aggravated during military service, 

which is not the result of willful misconduct, and must have been 

discharged under other than dishonorable conditions. The responsibility for determining a veteran’s entitlement to service-connection 

for a disability rests with VA. 

Surviving spouses and dependent children of veterans who died 

of disabilities determined by VA to be service-connected (including 

veterans who died while on active duty) or who had a service-connected disability rated at 100 percent for certain periods of time 

prior to death are entitled to receive monthly DIC benefits. Additional amounts are paid to survivors who are housebound, in need 

of aid and attendance, or who have minor children. The purpose of 

DIC benefits authorized under chapter 13 of title 38, U.S.C. is to 

provide partial compensation to the appropriate survivors for the 

loss in financial support due to the service-connected death. Income 

and need are not factors in determining a surviving spouse’s or 

child’s entitlement because the nation, in part, assumes the legal 

and moral obligation of the veteran to support the spouse and children. 


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Each year, the Committee approves and reports legislation authorizing the cost-of-living adjustment (COLA) by reference to the 

yet-to-be-determined Social Security increase. Section 2 of H.R. 

4782, as amended, would increase the rates of Wartime Disability 

Compensation, Additional Compensation for Dependents, Clothing 

Allowance, Dependency and Indemnity Compensation to Surviving 

Spouse, and Dependency and Indemnity Compensation to Children. 

Such increase in benefits would increase to be the same percentage 

as the increase in benefits provided under title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act. Section 

2 would also require that the amounts of any increase be rounded 

down to the nearest lower whole dollar amount. 

Additionally, Section 2 of H.R. 4782, as amended, would require 

the Secretary to publish in the Federal Register the increased 

amounts specified in this Section, not later than the date on which 

the matters specified in section 415(i)(2)(D) of the Social Security 

Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason 

of determination made under section 415(i) of such Act during fiscal year 2017. 

Section 3 would authorize VA to pay the cost of 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. 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. 

Section 4 of the bill would require VA to furnish a distinct headstone, marker, or medallion, upon request to adorn the graves of 

deceased recipients of the Medal of Honor. Such headstone, marker, or medallion would be provided, upon request, to adorn the 

gravesites of 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 provides for special markers for the 

gravesites of 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 5 of H.R. 4782, as amended, 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. A Presidential Memorial Certificate bears the official signature of the President of the United 

States, and expresses the nation’s gratitude for the individual’s 

service. Under H.R. 4782, 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. 

Section 6 of H.R. 4782, as amended, would require the Secretary 

of the Army to reserve 100 in-ground burial plots at Arlington National Cemetery for deceased individuals who have been awarded 

the Medal of Honor. This requirement would terminate on the date 

in which the Secretary of the Army submits to the Committees on 

Armed Services and Committees on Veterans’ Affairs of the House 


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and Senate a report on inurnment and internment capacity at Arlington National Cemetery. The report would include the estimated 

date Arlington National Cemetery is expected to reach capacity; 

recommendations for legislative or non-legislative actions that 

would ensue maximum interment or inurnment capacity is not 

reached until well into the future; options for redefining eligibility 

criteria for interment or inurnment at Arlington National Cemetery; and consideration for additional expansion beyond Arlington 

National Cemetery’s current boundaries. 

Furthermore, Section 7 of H.R. 4782, as amended, would authorize a three-year pilot program for Veteran Engagement Team 

events in which veterans would be assisted in completing VA disability and pension claims, beginning no later than October 1, 

2016. Physicians, veteran service representatives, and rating veteran service representatives would be present at the events to provide assistance and inform veterans what information or action is 

required to apply for benefits. Section 7 of H.R. 4782, as amended, 

would dramatically help veterans receive the benefits they have 

earned by reducing the barriers between VA and the veterans it 

serves within the community by sending VA employees into the 

field to assist with their claims processing. 

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. 3936; 

H.R. 4087; H.R. 4757; H.R. 4758; H.R. 4759; H.R. 4782, all of which 

are included in H.R. 4782, 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. 


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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. 4782, as amended, favorably forwarded 

to the full Committee by record vote. During consideration of H.R. 

4782, the following amendment in the nature of a substitute was 

considered and failed by record vote: 

An Amendment in the Nature of a Substitute offered by Ms. 

Titus of Nevada, which would have amended the definition of 

‘‘spouse’’ under section 101 of title 28, United States Code, 

failed by a recorded vote of 3 yeas and 4 noes. 

SUBCOMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the following reflects the record votes 

taken on amendments or in connection with ordering H.R. 4782, as 

amended, forwarded to the full Committee on May 11, 2016: 

An Amendment in the Nature of a Substitute offered by Representative Dina Titus of Nevada, which would have amended 

the definition of ‘‘spouse’’ under section 101 of title 28, United 

States Code, failed by a recorded vote of 3 yeas and 4 noes. 

A motion offered by Representative Abraham of Louisiana to 

favorably forward H.R. 4782 to full Committee was accepted by 

a recorded vote of 7 yeas and 0 noes, with 1 Member not voting. 


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COMMITTEE CONSIDERATION

On May 18, 2016, the full Committee met in open markup session, a quorum being present, and ordered H.R. 4782, as amended, 

favorably reported to the House of Representatives by voice vote. 

During consideration of the bill, the following amendments were 

considered: 

An Amendment in the Nature of a Substitute was offered by 

Representative Ralph Abraham of Louisiana, which combined 

the text of H.R. 4757; 4758; 4759; H.R. 3936; and, H.R. 4782; 

was agreed to by voice vote. 

An Amendment to the Amendment in the Nature of a Substitute offered by Representative Corrine Brown of Florida, to 

H.R. 4782 which would have eliminated section 2(c)(2) of the 

amendment in the nature of a substitute pertaining to the 

round-down provision was not agreed to by a recorded vote of 

13 nays and 9 yeas. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the following record vote was taken on 

amendments or in connection with ordering H.R. 4782, as amended, reported to the House: 

An Amendment to the Amendment in the Nature of a Substitute 

offered by Representative Corrine Brown of Florida, to H.R. 4782 

which would have eliminated section 2(c)(2) of the amendment in 

the nature of a substitute pertaining to the round-down provision. 

The amendment failed by a recorded vote of 13 nays and 9 yeas, 

with 2 not voting. 

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 CommitVerDate Sep 11 2014 06:00 Sep 15, 2016 Jkt 059006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR738.XXX HR738

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tee’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 increase the rates of 

Wartime Disability Compensation, Compensation for Dependents, Clothing Allowance, Dependency and Indemnity Compensation to Surviving Spouse, and Dependency and Indemnity 

Compensation to Children by the same percentage as the increase in benefits provided under title II (Old Age, Survivors, 

and Disability Insurance) of the Social Security Act; pay the 

cost of transporting deceased veterans to certain state and tribal cemeteries; provide a distinctive headstone, marker, or medallion for recipients of the Congressional Medal of Honor; expand the Presidential Memorial Certificate Program; reserve 

100 in-ground burial plots at Arlington National Cemetery for 

deceased recipients of the Medal of Honor; and authorize Veteran Engagement Team events. 

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. 4782, 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. 4782, 

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. 4782, 

as amended, provided by the Congressional Budget Office pursuant 

to section 402 of the Congressional Budget Act of 1974: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 9, 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. 4782, the Veterans’ Compensation Cost-of-Living Adjustment Act of 2016. 

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. 4782—Veterans’ Compensation Cost-of-Living Adjustment Act 

of 2016 

Summary: H.R. 4782 would modify several programs administered by the Department of Veterans Affairs (VA), including veterans’ disability and burial benefits. H.R. 4782 also would create 

a pilot program intended to help veterans apply for VA benefits 

and would reserve burial plots at Arlington National Cemetery for 

recipients of the Medal of Honor. CBO estimates that enacting H.R. 

4782 would, on net, decrease direct spending by $312 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 $7 million 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 in any of the four consecutive 10-year periods beginning in 2027. 

H.R. 4782 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 4782 is shown in Table 1. The costs of this legislation fall within budget function 700 (veterans benefits and services). 

TABLE 1.—ESTIMATED BUDGETARY EFFECTS OF H.R. 4782, THE VETERANS’ COMPENSATION 

COST-OF-LIVING ADJUSTMENT ACT OF 2016 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2017– 

2021 

DECREASES IN DIRECT SPENDING a

Estimated Budget Authority ......................................................... ¥22 ¥22 ¥25 ¥28 ¥29 ¥125 

Estimated Outlays ........................................................................ ¥22 ¥22 ¥25 ¥28 ¥29 ¥125 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 2 3 3 * * 7 

Estimated Outlays ........................................................................ 2 3 3 * * 7 

Note: Components may not sum to totals because of rounding; * = less than $500,000. 


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12 

a In addition to the changes in direct spending shown above, enacting H.R. 4782 would have effects beyond 2021. CBO estimates that enacting H.R. 4782 would decrease net direct spending by $312 million over the 2017–2026 period. 

Basis of estimate: For this estimate, CBO assumes that H.R. 

4782 will be enacted near the beginning of fiscal year 2017, that 

appropriations will reflect the estimated changes each year, and 

that outlays will follow historical spending patterns for the affected 

programs. 

Direct spending 

H.R. 4782 contains several provisions that would affect direct 

spending. On net, CBO estimates that enacting H.R. 4782 would 

decrease direct spending by $125 million over the 2017–2021 period, and $312 million over the 2017–2026 period (see Table 2). 

Cost-of-Living Adjustment round down. Section 2 would increase 

the amounts paid to veterans for disability compensation, and to 

their survivors for dependency and indemnity compensation, by the 

same cost-of-living adjustment (COLA) that recipients of Social Security will receive in 2017. Those increased payments would be effective December 1, 2016. 

The COLA that would be authorized by this bill is assumed in 

CBO’s baseline, consistent with section 257 of the Balanced Budget 

and Emergency Deficit Control Act. Because that COLA is assumed 

in CBO’s baseline, authorizing the COLA would have no budgetary 

effect relative to the baseline. Relative to current law, CBO estimates that enacting this bill would increase spending for those programs by $396 million in fiscal year 2017. (The annualized cost 

would be about $528 million in subsequent years.) That estimate 

assumes that the COLA effective on December 1, 2017, would be 

0.7 percent. 

TABLE 2.—IMPACT OF H.R. 4782 ON DIRECT SPENDING 

By fiscal year, in millions of dollars— 

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

2021 

2017– 

2026 

Cost-of-Living Adjustment Round Down: 

Estimated Budget 

Authority ........... ¥23 ¥25 ¥28 ¥31 ¥33 ¥36 ¥39 ¥42 ¥44 ¥47 ¥140 ¥348 

Estimated Outlays ¥23 ¥25 ¥28 ¥31 ¥33 ¥36 ¥39 ¥42 ¥44 ¥47 ¥140 ¥348 

Transportation of Deceased Veterans to 

Cemeteries: 

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 

Total Changes: 

Estimated 

Budget 

Authority .. ¥22 ¥22 ¥25 ¥28 ¥29 ¥32 ¥35 ¥38 ¥40 ¥42 ¥125 ¥312 

Estimated Outlays ¥22 ¥22 ¥25 ¥28 ¥29 ¥32 ¥35 ¥38 ¥40 ¥42 ¥125 ¥312 

Note: Components may not sum to totals because of rounding. 

Section 2 also would require that the increased payments resulting from the cost-of-living adjustment be rounded down to the next 

lower whole dollar. The previous authority to round down the 

COLA expired at the end of calendar year 2013. Based on projections of the number of people receiving benefits and payments 


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13 

made each year, CBO estimates that enacting this section would 

reduce direct spending by $348 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 also estimates a similar rate of growth in the average payment per veteran 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 in- crease direct spending by $36 million over the 2017–2026 period. 

Burial Markers for Medal of Honor Recipients. Section 4 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 

4 would increase direct spending by less than $500,000 over the 

2017–2026 period. 

Spending subject to appropriation 

H.R. 4782 contains provisions that would affect spending subject 

to appropriation, including the creation of a pilot program to assist 

veterans with filing claims for benefits. The bill also would require 

Arlington National Cemetery to reserve 100 burial plots for recipients of the Medal of Honor. CBO estimates that implementing 

those provisions would cost $7 million over the 2017–2021 period, 

subject to the availability of appropriated amounts. 

Veterans Engagement Teams. Section 7 would require VA to implement a three-year pilot program to carry out monthly events at 

10 locations in the first year and 15 locations in the second and 

third years, staffed by VA personnel to help veterans file claims for 

benefits. VA also would be required to submit annual reports on 

the implementation and effectiveness of such monthly events. 

Based on information from VA, CBO expects each such event to 

be staffed by 15 employees of the Veterans Benefits Administration 


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14 

and two employees of the Veterans Health Administration. After 

accounting for the necessary resources to complete the events, including supplies, rental space, mileage, and potential overtime 

costs, CBO estimates that the cost per event would be about 

$14,000. CBO estimates that the cost for completing a total of 480 

events over the three-year period would be about $7 million over 

the 2017–2019 period. 

Burial Plots for Medal of Honor Recipients. Section 6 would require the Department of the Army to reserve 100 burial plots at 

Arlington National Cemetery for deceased veterans who have been 

awarded the Medal of Honor. Because the cemetery has limited capacity, reserving spaces for such recipients would not increase the 

total number of interments at the cemetery. Eligible persons would 

be interred in the order in which requests were submitted until no 

more interments were possible. Therefore, CBO estimates that 

there would be no additional costs associated with reserving spaces 

for recipients of the Medal of Honor. 

Section 6 also would require the Army to submit a report on the 

capacity of Arlington National Cemetery and the ability to expand 

that capacity in order to accommodate interments and inurnments 

in the future. CBO estimates that preparing that report would cost 

less than $500,000 over the 2017–2021 period. 

Expansion of Presidential Memorial Certificates Program. Section 5 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. After accounting for the 

small pool of individuals who would be made eligible under section 

5, CBO estimates that the cost for implementing that requirement 

would be less than $500,000 over the 2017–2021 period. 

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. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4782 AS ORDERED REPORTED BY THE 

HOUSE COMMITTEE ON VETERANS’ AFFAIRS ON MAY 18, 2016 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2016– 

2021 

2016– 

2026 

NET DECREASE IN THE DEFICIT 

Statutory PayAs-You-Go 

Impact .......... 0 ¥22 ¥22 ¥25 ¥28 ¥29 ¥32 ¥35 ¥38 ¥40 ¥42 ¥125 ¥312 

Increase in long-term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2027. 

Intergovernmental and private-sector impact: H.R. 4782 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 


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Previous CBO estimate: On January 22, 2016, CBO transmitted 

an estimate for H.R. 677, the American Heroes COLA Act of 2015, 

as ordered reported by the House Committee on Veterans’ Affairs 

on September 17, 2015. Section 2 of H.R. 4782 is similar to section 

101 of H.R. 677 except H.R. 677 extended the COLA round down 

permanently and H.R. 4782 only makes the extension for one year. 

Differences in the estimates reflect those differences in the legislation. 

Estimate prepared by: Federal costs: Dwayne 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. 4782, 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. 4782, as 

amended. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to Article I, section 8 of the United States Constitution, 

H.R. 4782, 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. 4782, 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. 4782, 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. 4782, as amended, contains no directed rule making that would require the Secretary to prescribe 

regulations. 


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16 

1 42 U.S.C. §§ 401 et seq. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1—Short title 

Section 1 would provide the short title of the ‘‘Veterans’ Compensation Cost-of-Living-Adjustment Act of 2016.’’ 

Section 2—Increase in rates of Disability Compensation and Dependency and Indemnity Compensation. 

Section 2(a) would authorize the Secretary of Veterans Affairs to 

increase, effective December 1, 2016, the dollar amounts in effect 

for the payment of Disability Compensation and Dependency and 

Indemnity Compensation. 

Section 2(b) would specify the amounts that would be increased 

regarding the Wartime Disability Compensation under section 1114 

of title 38, U.S.C., the Additional Compensation for Dependents 

under section 1115(1) of title 38, U.S.C., the Clothing Allowance 

under section 1162 of title 38, U.S.C., the Dependency and Indemnity Compensation to Surviving Spouses under section 1311 of title 

38, U.S.C., and the Dependency and Indemnity Compensation to 

Children, under sections 1313(a) and 1314 of title 38, U.S.C. 

Section 2(c) would specify that each amount shall be increased by 

the same percentage by which benefits are increased under title II 

of the Social Security Act.1 When the amount is not a whole dollar 

amount, it would be rounded down to the next lower dollar amount 

for all compensation and DIC benefits. 

Section 2(d) would provide a special rule authorizing the Secretary of VA to adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of 

Public Law 85–857, who are not in receipt of compensation payable 

pursuant to chapter 11 of title 38, U.S.C. 

Section 2(e) would require the Secretary of VA to publish in the 

Federal Register the amounts specified in subsection (b), as increased pursuant to that section. 

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. 

Section 4—Expansion of eligibility for headstones, markers, and medallions for Medal of Honor recipients 

Section 4 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 5—Expansion of Presidential Memorial Certificate Program 

Section 5(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 5(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 6—Burial plots at Arlington National Cemetery for individuals awarded the Medal of Honor 

Section 6(a) would require the Secretary of the Army to reserve 

100 in-ground burial plots at Arlington National Cemetery for deceased individuals who have been awarded the Medal of Honor. 

Section 6(b) would terminate the requirement under Section 6(a) 

on the date in which the Secretary of the Army sends a report to 

the Committees on Veterans’ Affairs and Committees on Armed 

Services of the House and Senate on the interment and inurnment 

capacity at Arlington National Cemetery. The report would include 

the estimated date Arlington Nation Cemetery will reach maximum interment and inurnment capacity as well as legislative and 

non-legislative options to extend the capacity of Arlington National 

Cemetery. 

Section 7—Pilot program on Department of Veterans Affairs Veteran Engagement Team events 

Section 7(a) would authorize the Secretary of VA to carry out a 

three year pilot program of events known as ‘‘Veteran Engagement 

Team’’ (VET) events, beginning no later than October 1, 2016. During the first year, this Section would direct VA to carry out VET 

events in ten regional offices around the country. The number of 

VET events would increase to fifteen regional offices in the second 

and third year of the pilot program. 

Section 7(b) would direct the Secretary of VA to coordinate with 

veterans service organizations and state and local veterans agencies to select locations for VET events to take place. The Secretary 

should seek locations that are community-based and easily accessible. 

Section 7(c) would not allow the Secretary of VA to permanently 

transfer any physician employed by the Veterans Health Administration for the purpose of staffing a VET event. Section 7(c) would 

also not provide any additional amounts authorized to be appropriated for payment to Department employees working VET events. 

Such payment must come from amounts otherwise available for 

payment of the salary. 

Section 7(d) would authorize VA to coordinate with states, local 

governments, nonprofit organizations, and private sector entities to 

use facilities to carry out VET events at no or minimal cost. VA 

may also accept services from non-Department physicians in rendering medical opinions relating to claims for compensation and 

pension, on the basis that the Department will not provide compensation. 

Section 7(e) would allow the Secretary of VA to collect and analyze satisfaction surveys from veterans who receive assistance at 

VET events. 


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Section 7(f) would require VA to submit to Congress specific reports on the implementation and effectiveness of the VET events 

beginning not later than April 30, 2017, and annually thereafter 

beginning on October 1, 2017 for the duration of the program. 

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 

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. 

* * * * * * * 


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PART II—GENERAL BENEFITS 

* * * * * * * 

CHAPTER 23—BURIAL BENEFITS 

Sec. 

2301. Flags. 

* * * * * * * 

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

2308. Transportation of deceased veterans 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. 

(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. 


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20 

(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 


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21 

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 headVerDate Sep 11 2014 06:00 Sep 15, 2016 Jkt 059006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6601 E:\HR\OC\HR738.XXX HR738

SSpencer on DSK4SPTVN1PROD with REPORTS
22 

stone 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 

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 


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23 

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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