H. Rpt. 119-343 accompanies veterans affairs legislation titled "Ensuring Veterans' Final Resting Place Act of 2025". Veterans bills address VA healthcare, disability benefits, education assistance, home loans, mental health services, or military-to-civilian transition programs. The Veterans' Affairs Committee's report documents specific improvements to veterans' services, expansion of benefits, or responses to identified problems in VA programs. Veterans legislation frequently enjoys bipartisan support, though reports may still contain different views on implementation and funding.
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House Report 119-343 - ENSURING VETERANS' FINAL RESTING PLACE ACT OF 2025
[House Report 119-343]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-343
=======================================================================
ENSURING VETERANS' FINAL RESTING PLACE ACT OF 2025
----------------
October 17, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
----------------
Mr. Bost, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 647]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 647) to amend title 38, United States Code, to
authorize the provision of certain additional burial benefits
for individuals for whom an urn or plaque is furnished, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENT
Page
Amendment........................................................ 1
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 5
Subcommittee Consideration....................................... 5
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 6
Statement of General Performance Goals and Objectives............ 6
Earmarks and Tax and Tariff Benefits............................. 6
Committee Cost Estimate.......................................... 7
Budget Authority and Congressional Budget Office Estimate........ 7
Federal Mandates Statement....................................... 10
Advisory Committee Statement..................................... 10
Applicability to Legislative Branch.............................. 10
Statement on Duplication of Federal Programs..................... 10
Section-by-Section Analysis of the Legislation................... 10
Changes in Existing Law Made by the Bill, as Reported............ 11
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 ``Ensuring Veterans' Final Resting Place
Act of 2025''.
SEC. 2. EXPANSION OF ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS
HEADSTONES, MARKERS, AND BURIAL RECEPTACLES FOR CERTAIN
INDIVIDUALS.
Subsection (b)(2) of section 2306 of title 38, United States Code, is
amended in subparagraphs (B) and (C) by striking ``who dies on or after
November 11, 1998,'' each place it appears.
SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ADDITIONAL BURIAL
BENEFITS WHEN AN URN OR PLAQUE IS PROVIDED.
(a) In General.--Subsection (h) of such section is amended--
(1) in paragraph (1), by striking ``In lieu of furnishing a
headstone or marker under this section for'' and inserting ``In
the case of'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) through (5) as paragraphs
(2) through (4), respectively; and
(4) in paragraph (1) by striking ``paragraph (3)'' and
inserting ``paragraph (2)''.
(b) Applicability.--The amendment made by subsection (a) shall apply
with respect to an individual who dies on or after January 5, 2021.
SEC. 4. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is amended by
striking ``November 30, 2031'' and inserting ``May 31, 2033''.
Purpose and Summary
H.R. 647, the ``Ensuring Veterans' Final Resting Place Act
of 2025,'' was introduced by Representative Rudy Yakym, III of
Indiana on January 23, 2025. The bill, as amended, would allow
a veteran's survivor to choose to have their veteran loved one
interred in a Department of Veterans Affairs (VA) national
cemetery, even if the veteran's survivor initially chose a VA-
furnished urn or plaque in lieu of interring the veteran at a
VA national cemetery. The bill, as amended, would also include
H.R. 1344, the ``Dennis and Lois Krisfalusy Act,'' introduced
by Representative Guy Reschenthaler of Pennsylvania. This
section would authorize VA to provide headstones or markers for
veterans' surviving spouses and dependent children whose
remains are unavailable for burial, and who passed away before
November 11, 1998. Finally, the bill, as amended, would provide
an offset for the cost of this bill by extending the current
law reducing the amount of pension paid to VA pension
beneficiaries who are admitted to a VA or Medicaid sponsored
nursing facility.
Background and Need for Legislation
Section 1: Short Title
This Act may be cited as the ``Ensuring Veterans' Final
Resting Place Act of 2025.''
Section 2: Expansion of Eligibility for Department of Veterans Affairs
Headstones, Markers, and Burial Receptacles for Certain
Individuals
Currently, VA is authorized to provide headstones or
markers for certain veterans and veterans' family members whose
remains are unavailable for burial. However, under current law
(38 U.S.C. Sec. 2306(b)(2)), VA is authorized to provide a
headstone or marker for certain surviving spouses and dependent
children whose remains are unavailable for burial only if they
passed away on or after November 11, 1998.
The Committee understands that it can be heartbreaking for
veterans' families when they cannot mourn the veteran and their
surviving spouses together. In a March 26, 2025, legislative
hearing of the Subcommittee on Disability Assistance and
Memorial Affairs, Mrs. Patricia Krisfalusy-Maxon, sister of
Master Sergeant Dennis Krisfalusy, U.S. Air Force (Ret.), and
sister-in-law of Master Sergeant Krisfalusy's wife Lois,
testified on how important it was to ensure that ``no veteran
spouse is forgotten'':
``In 2023, plans were made to honor Dennis and Lois
for their service. Working closely with the National
Cemetery of the Alleghenies, a service was arranged,
and a military headstone was ordered that would feature
Denny's name on the front and Lois's on the back.
However, we learned that due to the timing of her
death, Lois was not eligible to have her name on the
stone.''\1\
---------------------------------------------------------------------------
\1\Testimony of Mrs. Krisfalusy-Maxon (March 26, 2025), HHRG-119-
VR09-Wstate-Krisfalusy-MaxonP-20250326.pdf (House.gov).
---------------------------------------------------------------------------
In a March 26, 2025, legislative hearing of the
Subcommittee on Disability Assistance and Memorial Affairs, Ms.
Lesley Witter, Senior Vice President, Advocacy, National
Funeral Directors Association, testified:
``NCA's authority under 38 U.S.C. Sec. 2306(b)(2) to
provide this benefit is currently limited to those
family members who passed away on or after November 11,
1998. This arbitrary and outdated restriction prohibits
the Department of Veteran Affairs from providing a
memorial headstone or marker for military spouses and
dependents if they passed after that date.''\2\
---------------------------------------------------------------------------
\2\Lesley Witter, Testimony of National Funeral Directors
Association (March 26, 2025), HHRG-119-VR09-Wstate-WitterL-20250326
(house.gov).
---------------------------------------------------------------------------
To address this issue, this section would allow VA to
provide memorial headstones or markers for veterans' surviving
spouses and certain dependent children whose remains are
unavailable for burial, even when they passed away before
November 11, 1998.
The Committee believes that this section is important to
ensure that veterans and their loved ones can be mourned
together, no matter when a veteran's loved one passes away.
Section 3: Department of Veterans Affairs Provision of Additional
Burial Benefits when an Urn or Plaque is Provided
VA provides veterans and their surviving spouses with
headstones or grave markers and burials in VA national
cemeteries, among other benefits. Because some family members
may wish to inurn their veteran loved one or commemorate them
with a plaque, under the Johnny Isakson and David P. Roe, M.D.
Veterans Health Care and Benefits Improvement Act of 2020 [Pub.
L. 116-315] (enacted January 5, 2021), a veterans' survivor may
choose a VA-furnished urn or a plaque and may choose to lay
their veteran loved one to rest somewhere other than a VA
national cemetery. However, under that law, if VA furnishes an
urn or plaque in lieu of interring the veteran in a VA national
cemetery, the veteran loses their right to receive a headstone
or grave marker or to be buried in a VA national cemetery. On
the other hand, the veteran's surviving spouse remains eligible
to be buried in a VA national cemetery.
This becomes an issue when a surviving spouse wants to be
buried together with their veteran loved one in a VA national
cemetery, or their surviving children later decide they want
their deceased parents to be buried together in a VA national
cemetery. Under current law, if the family previously chose to
have their veteran loved-one inurned, that individual becomes
ineligible for burial interment with their spouse or qualifying
dependent; even if that spouse or qualifying dependent still
has their burial benefit. Families of veterans who wish to bury
their loved ones together currently cannot move a veteran
already inurned veteran cannot re-inter them in a VA national
cemetery with that qualifying spouse or dependent. Thus,
veteran's family members are forced to prematurely choose
whether they wish for their veteran loved one to be buried
together with their spouse in a VA national cemetery, years
before the veteran's survivor passes away.
In a March 26, 2025, legislative hearing of the
Subcommittee on Disability Assistance and Memorial Affairs, Ms.
Lesley Witter, Senior Vice President, Advocacy, National
Funeral Directors Association, testified:
``Under current law, families are forced to make
difficult decisions with permanent consequences that
they may not be fully able to comprehend during their
time of mourning. We are concerned that a grieving
spouse may decide to claim the urn benefit without
realizing that their decision impacts the veteran's
future eligibility for ground burial. It is
unreasonable to expect a grieving spouse to mourn his/
her loss, to plan a funeral, and consider their own
their own final disposition options and eligibility for
ground burial in a VA national cemetery.''\3\
---------------------------------------------------------------------------
\3\Lesley Witter, Testimony of NFDA (March 26, 2025), HHRG-119-
VR09-Wstate-WitterL-20250326 (house.gov).
---------------------------------------------------------------------------
Further, in a statement for the record for the March 26,
2025, legislative hearing, Paralyzed Veterans of America
stated: ``Under current law, if a veteran's family chooses to
have the VA furnish a commemorative plaque or urn for their
loved one, they inadvertently forfeit their right to later
inter the veteran at a national cemetery, which requires either
a headstone or a marker at the grave site.''\4\
---------------------------------------------------------------------------
\4\Statement for the Record of Paralyzed Veterans of America,
(March 26, 2025), HHRG-119-VR09-20250326-SD003.pdf (house.gov).
---------------------------------------------------------------------------
To address this issue, this section would allow a veteran's
family to inter the veteran in a VA national cemetery,
regardless of whether the veteran's survivors previously
received a VA-furnished urn or plaque.
The Committee believes that this section is critical to
ensure that veterans maintain their earned right to be laid to
rest with dignity in a VA national cemetery and to be mourned
together with their surviving family members. This section
would give veterans and their families peace of mind that they
can be buried together, regardless of which burial option they
may choose at the time of the veteran's passing.
Section 4: Extension of Certain Limits on Payments of Pension
Under current law (38 U.S.C. Sec. 5503(d)), the amount of
VA pension paid to a veteran with no spouse or child, a
veteran's surviving spouses with no child, or a veteran's child
who is admitted to a VA or Medicaid sponsored nursing facility
is capped at $90 a month. This section would cover the costs of
the other sections of this bill by extending this pension
limitation to May 31, 2033. Because they receive government
sponsored care in a nursing home, these pension beneficiaries
do not require the full amount of pension to cover their cost
of living. The Committee believes this short-term extension of
the current limit on pension payments is a reasonable way to
cover the costs associated with the other sections of this
bill.
Hearings
On March 26, 2025, the Committee on Veterans' Affairs
Subcommittee on Disability Assistance and Memorial Affairs held
a legislative hearing on H.R. 647 and other bills that were
pending before the subcommittee.
The following witnesses testified:
The Honorable Keith Self, U.S. House of
Representatives; The Honorable Young Kim, U.S. House of
Representatives; The Honorable August Pfluger, U.S.
House of Representatives; The Honorable Rudy Yakym III,
U.S. House of Representatives; The Honorable Tom
Barrett, U.S. House of Representatives; The Honorable
Robert P. Bresnahan, U.S. House of Representatives;
Mrs. Patricia Krisfalusy-Maxon, Sister of Master
Sergeant Dennis Krisfalusy, U.S. Air Force (Retired);
Colonel Andrew Shurtleff, U.S. Air Force (Retired); Ms.
Diane Boyd Rauber, Executive Director, National
Organization of Veterans' Advocates; Ms. Lesley Witter,
Senior Vice President, Advocacy, National Funeral
Directors Association; Ms. Kenesha Britton, Assistant
Deputy Undersecretary, Field Operations, Veterans
Benefits Administration, U.S. Department of Veterans
Affairs; Ms. Jocelyn Moses, Senior Principal Advisor,
Compensation Service, Veterans Benefits Administration,
U.S. Department of Veterans Affairs; Ms. Lisa Pozzebon,
Executive Director, Cemetery Operations, National
Cemetery Administration, U.S. Department of Veterans
Affairs; and Mr. Evan Deichert, Acting Deputy Vice
Chairman, Board of Veterans' Appeals, U.S. Department
of Veterans Affairs.
The following individuals and organizations submitted
statements for the record:
Disabled American Veterans; Paralyzed Veterans of
America; Tragedy Assistance Program for Survivors;
Veterans of Foreign Wars of the United States; and the
American Federation of Government Employees, AFL-CIO.
Subcommittee Consideration
On April 9, 2025, the Subcommittee on Disability Assistance
and Memorial Affairs met in an open markup session to consider
H.R. 647.
An amendment in the nature of a substitute to H.R.
647 was offered by Representative Luttrell to add the
text of H.R. 1344, which would allow VA to provide
memorial headstones or markers for veterans' surviving
spouses and certain dependent children whose remains
are unavailable for burial, when they passed away
before November 11, 1998. The amendment in the nature
of a substitute was adopted by voice vote.
A motion made by Representative McGarvey to favorably
forward H.R. 647, as amended, to the Full Committee, was agreed
to by voice vote.
Committee Consideration
On May 6, 2025, the full Committee met in open markup
session with a quorum being present, to consider H.R. 647. The
following amendments were considered:
An amendment in the nature of a substitute to H.R.
647 was offered by Chairman Bost, which would provide
an offset for the other sections of the bill by
extending the current limit on the amount of pension
payable to VA pension beneficiaries who currently have
VA or Medicaid sponsored nursing care. The amendment in
the nature of a substitute was adopted by voice vote.
An amendment to the amendment in the nature of a
substitute to H.R. 647 was offered by Representative
Kennedy to add a new section that would establish a
pilot program under which the VA would furnish a
headstone or marker for a veteran who died on or before
November 1, 1990, upon the request of any individual
who wants to commemorate that veteran. The amendment to
the amendment in the nature of a substitute was not
agreed to by voice vote.
A second amendment to the amendment in the nature of
a substitute to H.R. 647, as amended, was offered by
Representative Kennedy to add a new section that would
ensure no National Cemetery Administration employee
positions can be considered excepted service under the
Schedule Policy/Career, Schedule F designation. The
amendment to the amendment in the nature of a
substitute was not agreed to by voice vote.
A motion by Ranking Member Takano to report H.R. 647, as
amended, favorably to the House of Representatives, 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, no recorded votes were taken on
amendments or in connection with ordering H.R. 647, as amended,
reported to the House.
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's performance
goals and objectives of H.R. 647, as amended, are to ensure
that veterans and their loved ones can be laid to rest and
mourned together, including in a VA national cemetery.
Earmarks and Tax and Tariff Benefits
H.R. 647, 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 Congressional Budget
Office cost estimate on this measure.
Budget Authority and Congressional Budget Office Cost Estimate
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.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The bill would
Expand eligibility for Department of
Veterans Affairs (VA) memorial items such as headstones
and urns
Extend the reduction of pensions VA pays to
veterans and survivors residing in Medicaid nursing
homes
Estimated budgetary effects would mainly stem from
Increasing payments for VA memorial items
Reducing VA pension payments
Bill summary: H.R. 647 would expand eligibility for
Department of Veterans Affairs (VA) memorial items such as urns
and headstones for certain veterans, their spouses, and their
dependents. It also would increase operating expenses at
national cemeteries. Finally, the bill would extend the
reduction of pension payments for veterans and survivors who
reside in Medicaid nursing homes. Finally, the bill would
increase spending subject to appropriation for operating
expenses at national cemeteries.
Estimated Federal cost: The estimated budgetary effect of
H.R. 647 is shown in Table 1. The costs of the legislation fall
within budget functions 550 (health) and 700 (veterans benefits
and services).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 647
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
------------------------------------------------------------------------------------------------------
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2025-2030 2025-2035
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES AND DECREASES (-) IN DIRECT SPENDING
Urns and Plaques:
Estimated BudgetP Authority.................. 2 13 6 5 5 5 6 6 6 6 7 36 67
Estimated Outlays............................ 2 13 6 5 5 5 6 6 6 6 7 36 67
Headstones for Families:
Estimated BudgetP Authority.................. * * 1 * 0 0 0 0 0 0 0 1 1
Estimated Outlays............................ * * 1 * 0 0 0 0 0 0 0 1 1
Pension Reductions:
Estimated BudgetP Authority.................. 0 0 0 0 0 0 0 -40 -32 0 0 0 -72
Estimated Outlays............................ 0 0 0 0 0 0 0 -40 -32 0 0 0 -72
Total Changes:
Estimated BudgetP Authority.................. 2 13 7 5 5 5 6 -34 -26 6 7 37 -4
Estimated Outlays............................ 2 13 7 5 5 5 6 -34 -26 6 7 37 -4
--------------------------------------------------------------------------------------------------------------------------------------------------------
*= between zero and $500,000.
In addition to the amounts shown here, implementing H.R. 647 would increase spending subject to appropriation by less than $500,000 over the 2025-2035
period.
Basis of estimate: For this estimate, CBO assumes that H.R.
647 will be enacted in fiscal year 2025 and that outlays will
follow historical spending patterns for affected programs.
Direct spending: H.R. 647 would increase burial benefits
and reduce veteran and survivor pensions. Enacting the bill
would decrease net direct spending by $4 million over the 2025-
2035 period.
Urns and Plaques. H.R. 647 would increase the options for
burial benefits available for deceased veterans. The costs of
those benefits are paid from mandatory appropriations.
Under current law, veterans are eligible for one of the
following options:
Interment in a national cemetery,
Placement of a VA-provided headstone or
marker on a grave that is not in a national cemetery,
or
Provision of an urn or memorial plaque for
cremated veterans whose remains are not inurned in a
cemetery.
Under section 3 of the bill, families of cremated veterans
who die after January 5, 2021, could receive an urn or memorial
plaque in addition to one of the other two burial options.
CBO expects that under the bill, some families who would
choose to bury a cremated veteran in a national cemetery or
elect a headstone for placement at another cemetery also would
request an urn or plaque. Using information about the number of
veterans who receive burial benefits, CBO estimates that about
21,000 families would request 4,250 urns and 16,750 plaques
each year after enactment. CBO also estimates that families of
veterans who will have died between January 5, 2021, and the
date of the bill's enactment would request a total of 6,300
urns and 25,300 plaques. On average, urns cost $410, and
plaques cost $210. Thus, providing additional urns and plaques
would increase direct spending by $65 million over the 2025-
2035 period, CBO estimates.
CBO also anticipates that some families who would elect to
receive urns and plaques under current law also would request
burial in a national cemetery or a VA-provided headstone as a
result of section 3. Using information about the number of
families who elected urns or plaques instead of headstones
under current law, CBO estimates that VA would provide burial
benefits for about 1,750 additional veterans over the 2025-2035
period. Costs for additional internments, headstones, and other
burial expenses would total $2 million, CBO estimates.
In total, enacting section 3 would increase direct spending
by $67 million over the 2025-2035 period.
Headstones for Families. Section 2 would authorize VA to
provide veterans with headstones or markers for their deceased
spouses or dependent children whose remains are unavailable if
they died before November 11, 1998. Under current law, that
benefit applies to deaths that occur after the specified date.
Using information on burials of veterans' family members, CBO
estimates that about 2,000 families would request a headstone
or marker at an average cost of $280. CBO expects that most of
those families would request the headstone or marker by 2028.
Payments for headstones and markers are paid from mandatory
appropriations. As such, removing the date-of-death limitation
would increase direct spending by about $1 million, CBO
estimates.
Pension Reductions. Under current law, VA reduces pension
payments to veterans and survivors who reside in Medicaid
nursing homes to $90 per month. That required reduction expires
November 30, 2031. Section 4 would extend that reduction for 18
months through May 31, 2033. CBO estimates that extending that
requirement would reduce VA benefits by $10 million per month.
(Those benefits are paid from mandatory appropriations and are
therefore considered direct spending.) As a result of that
reduction in beneficiaries' income, Medicaid would pay more of
the cost of their care, increasing spending for that program by
$6 million per month. Thus, enacting section 4 would reduce net
direct spending by $72 million over the 2025-2035 period.
Spending subject to appropriation: Because more veterans
would be buried in national cemeteries as a result of H.R. 647,
CBO estimates that the National Cemetery Administration would
require additional resources to provide burials and maintain
internment sites. Burial and maintenance costs at national
cemeteries are paid from discretionary appropriations. Using
information about those expenses, CBO estimates that
implementing H.R. 647 would increase spending subject to
appropriation by less than $500,000 over the 2025-2035 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 Table 1.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting H.R. 647 would not increase net direct
spending by more than $2.5 billion in any of the four
consecutive 10-year periods beginning in 2036.
CBO estimates that enacting H.R. 647 would not increase on-
budget deficits by more than $5 billion in any of the four
consecutive 10-year periods beginning in 2036.
Mandates: The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act.
Estimate prepared by: Federal costs: Logan Smith; Mandates:
Grace Watson.
Estimate reviewed by: David Newman, Chief, Defense,
International Affairs, and Veterans' Affairs Cost Estimates
Unit; Kathleen FitzGerald, Chief, Public and Private Mandates
Unit; Christina Hawley Anthony, Deputy Director of Budget
Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
Federal Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4 is inapplicable to H.R. 647, as
amended.
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.
647, as amended.
Applicability to Legislative Branch
The Committee finds that H.R. 647, 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 clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 647, as amended, would establish or reauthorize 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.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section would establish the short title of the bill as
the ``Ensuring Veterans' Final Resting Place Act of 2025.''
Section 2: Expansion of eligibility for Department of Veterans Affairs
headstones, markers, and burial receptacles for certain
individuals
This section would amend 38 U.S.C. Sec. 2306(b)(2) to
ensure that VA, upon request, can furnish an appropriate
memorial headstone or marker to commemorate an eligible
individual whose remains are unavailable, regardless of when
that eligible individual passed away.
Section 3: Department of Veterans Affairs provision of additional
burial benefits when an urn or plaque is provided
This section would amend 38 U.S.C. Sec. 2306(h), to remove
the requirement that a covered deceased individual, who chooses
a VA furnished urn, would forfeit their eligibility for a VA
furnished headstone or marker. This would allow a covered
deceased individual to choose a VA furnished urn and, later,
choose to be buried in a VA national cemetery.
This section specifies that changes in the law would apply
with respect to an individual who dies on or after January 5,
2021.
Section 4: Extension of certain limits on payments of pension
This section would extend the limitation of pension payable
to certain veterans, their surviving spouses, and their
children as established in 38 U.S.C. Sec. 5503(d)(7) from
November 30, 2031, to May 31, 2033.
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 italics, 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 italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 23--BURIAL BENEFITS
* * * * * * *
Sec. 2306. Headstones, markers, and burial receptacles
(a) The Secretary shall furnish, when requested, appropriate
Government headstones or markers at the expense of the United
States for the unmarked graves of the following:
(1) Any individual buried in a national cemetery or in a post
cemetery.
(2) Any individual eligible for burial in a national cemetery
(but not buried there), except for those persons or classes of
persons enumerated in section 2402(a)(4), (5), and (6) of this
title.
(3) Soldiers of the Union and Confederate Armies of the Civil
War.
(4) Any individual described in section 2402(a)(5) of this
title who is buried in a veterans' cemetery owned by a State or
a veterans' cemetery owned by a tribal organization or on land
owned by or held in trust for a tribal organization.
(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, a veterans' cemetery of a tribal organization or on
land owned by or held in trust for a tribal organization, 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) An individual [who dies on or after November 11,
1998,] who is the spouse or surviving spouse of a
veteran, or the spouse of a member of the Armed Forces
serving on active duty under conditions other than
dishonorable, as shown by a statement from a general
court-martial convening authority, at the time of the
spouse's death if such death occurs before September
30, 2032.
(C) An individual [who dies on or after November 11,
1998,] who is an eligible dependent child of a veteran,
or the eligible dependent child of a member of the
Armed Forces serving on active duty under conditions
other than dishonorable, as shown by a statement from a
general court-martial convening authority, at the time
of the child's death if such death occurs before
September 30, 2032.
(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, air, or space
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)(A) In lieu of furnishing a headstone or marker under this
subsection to a deceased individual described in subparagraph
(B), the Secretary may furnish, upon request, a medallion or
other device of a design determined by the Secretary to signify
the deceased individual's status as a veteran, to be attached
to a headstone or marker furnished at private expense.
(B) A deceased individual described in this subsection is an
individual who--
(i) served in the Armed Forces on or after April 6,
1917; and
(ii) is eligible for a headstone or marker furnished
under paragraph (1) (or would be so eligible but for
the date of the death of the individual).
(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) is eligible for a headstone or marker furnished
under paragraph (1) or a medallion furnished under
paragraph (4) (except that subparagraph (B)(i) of such
paragraph shall not apply) (or would be so eligible for
such headstone, marker, or medallion but for the date
of the death of the individual); and
(ii) was awarded the medal of honor under section
7271, 8291, or 9271 of title 10 or section 2732 of
title 14 (including posthumously).
(D) In this paragraph, the term ``medal of honor recipient''
means an individual who is awarded the medal of honor under
section 7271, 8291, or 9271 of title 10 or section 2732 of
title 14.
(e)(1)(A) The Secretary of Veterans Affairs may provide an
outer burial receptacle for each new grave in an open cemetery
under the control of the National Cemetery Administration, or
in a cemetery that is the subject of a grant to a State or a
tribal organization under section 2408 of this title, in which
remains are interred in a casket.
(B) The Secretary of the Army may provide an outer burial
receptacle for such a grave in the Arlington National Cemetery.
(C) The Secretary of the Interior may provide an outer burial
receptacle for each such a grave in an open national cemetery
administered by the National Park Service.
(2)(A) The use of outer burial receptacles in a cemetery
under the control of the National Cemetery Administration or in
a cemetery that is the subject of a grant to a State or a
tribal organization under section 2408 of this title shall be
in accordance with regulations or procedures approved by the
Secretary of Veterans Affairs.
(B) The use of outer burial receptacles in Arlington National
Cemetery shall be in accordance with regulations or procedures
approved by the Secretary of the Army.
(C) The use of outer burial receptacles in a national
cemetery administered by the National Park Service shall be in
accordance with regulations or procedures approved by the
Secretary of the Interior.
(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 the
Secretary of the Army with respect to Arlington
National Cemetery or the Secretary of the
Interior with respect to a national cemetery
administered by the National Park Service) 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 the Secretary of
the Army with respect to Arlington National Cemetery or the
Secretary of the Interior with respect to a national cemetery
administered by the National Park Service), for payment for
outer burial receptacles other than grave liners provided under
such regulations or procedures.
(f)(1) The Secretary may furnish a casket or urn, of such
quality as the Secretary considers appropriate for a dignified
burial, for burial of a deceased veteran in a covered cemetery
in any case in which the Secretary--
(A) is unable to identify the veteran's next of kin,
if any; and
(B) determines that sufficient resources for the
furnishing of a casket or urn for such burial are not
otherwise available.
(2) The term ``covered cemetery'' means any of the following:
(A) A national cemetery.
(B) A veterans' cemetery of a State for which the
Department has provided a grant under section 2408 of
this title.
(C) A veterans' cemetery of a tribal organization or
on land owned by or held in trust for a tribal
organization for which the Department has provided a
grant under subsection (f) of such section.
(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, air, or space 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) [In lieu of furnishing a headstone or marker under
this section for] In the case of a deceased individual
described in [paragraph (3)] paragraph (2), the Secretary shall
furnish, upon request and at the expense of the United States--
(A) an urn made of any material to signify the
individual's status as a veteran, in which the remains
of such individual may be placed at private expense; or
(B) a commemorative plaque signifying the
individual's status as a veteran.
[(2) If the Secretary furnishes an urn or commemorative
plaque for an individual under paragraph (1), the Secretary may
not provide for such individual--
[(A) a headstone or marker under this section; or
[(B) any burial benefit under section 2402 of this
title.]
[(3)] (2) A deceased individual described in this paragraph
is an individual--
(A) who served in the Armed Forces on or after April
6, 1917;
(B) who is eligible for a headstone or marker
furnished under subsection (d) (or would be so eligible
but for the date of the death of the individual); and
(C) whose remains were cremated and not interred in a
national cemetery, a State veterans' cemetery, a tribal
cemetery, a county cemetery, or a private cemetery.
[(4)] (3)(A) Any urn or commemorative plaque furnished under
this subsection shall be the personal property of the next of
kin or such other individual as the Secretary considers
appropriate.
(B) The Federal Government shall not be liable for any damage
to an urn or commemorative plaque furnished under this
subsection that occurs after the date on which the urn or
commemorative plaque is so furnished.
[(5)] (4) The Secretary shall prescribe regulations to carry
out this subsection.
(i)(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.
(j)(1) In addition to any other authority under this section,
in the case of an individual whose grave is not in a covered
cemetery (as that term is defined in subsection (f)(2)) and for
whom the Secretary has furnished a headstone or marker under
subsection (a) or (d), the Secretary, if feasible and upon
request, may replace the headstone or marker to add an
inscription for the surviving spouse or eligible dependent
child of such individual following the death of the surviving
spouse or eligible dependent child.
(2) If the spouse or eligible dependent child of an
individual referred to in paragraph (1) predeceases the
individual, the Secretary may, if feasible and upon request,
include an inscription for the spouse or dependent child on the
headstone or marker furnished for the individual under
subsection (a) or (d).
(k) In this section, the term ``tribal organization'' has the
meaning given such term in section 3765 of this title.
* * * * * * *
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
* * * * * * *
CHAPTER 55--MINORS, INCOMPETENTS, AND OTHER WARDS
* * * * * * *
Sec. 5503. Hospitalized veterans and estates of incompetent
institutionalized veterans
(a)(1)(A) Where any veteran having neither spouse nor child
is being furnished domiciliary care by the Department, no
pension in excess of $90 per month shall be paid to or for the
veteran for any period after the end of the third full calendar
month following the month of admission for such care.
(B) Except as provided in subparagraph (D) of this paragraph,
where any veteran having neither spouse nor child is being
furnished nursing home care by the Department, no pension in
excess of $90 per month shall be paid to or for the veteran for
any period after the end of the third full calendar month
following the month of admission for such care. Any amount in
excess of $90 per month to which the veteran would be entitled
but for the application of the preceding sentence shall be
deposited in a revolving fund at the Department medical
facility which furnished the veteran nursing care, and such
amount shall be available for obligation without fiscal year
limitation to help defray operating expenses of that facility.
(C) No pension in excess of $90 per month shall be paid to or
for a veteran having neither spouse nor child for any period
after the month in which such veteran is readmitted for care
described in subparagraph (A) or (B) of this paragraph and
furnished by the Department if such veteran is readmitted
within six months of a period of care in connection with which
pension was reduced pursuant to subparagraph (A) or (B) of this
paragraph.
(D) In the case of a veteran being furnished nursing home
care by the Department and with respect to whom subparagraph
(B) of this paragraph requires a reduction in pension, such
reduction shall not be made for a period of up to three
additional calendar months after the last day of the third
month referred to in such subparagraph if the Secretary
determines that the primary purpose for the furnishing of such
care during such additional period is for the Department to
provide such veteran with a prescribed program of
rehabilitation services, under chapter 17 of this title,
designed to restore such veteran's ability to function within
such veteran's family and community. If the Secretary
determines that it is necessary, after such period, for the
veteran to continue such program of rehabilitation services in
order to achieve the purposes of such program and that the
primary purpose of furnishing nursing home care to the veteran
continues to be the provision of such program to the veteran,
the reduction in pension required by subparagraph (B) of this
paragraph shall not be made for the number of calendar months
that the Secretary determines is necessary for the veteran to
achieve the purposes of such program.
(2) The provisions of paragraph (1) shall also apply to a
veteran being furnished such care who has a spouse but whose
pension is payable under section 1521(b) of this title. In such
a case, the Secretary may apportion and pay to the spouse, upon
an affirmative showing of hardship, all or any part of the
amounts in excess of the amount payable to the veteran while
being furnished such care which would be payable to the veteran
if pension were payable under section 1521(c) of this title.
(b) Notwithstanding any other provision of this section or
any other provision of law, no reduction shall be made in the
pension of any veteran for any part of the period during which
the veteran is furnished hospital treatment, or institutional
or domiciliary care, for Hansen's disease, by the United States
or any political subdivision thereof.
(c) Where any veteran in receipt of an aid and attendance
allowance described in subsection (r) or (t) of section 1114 of
this title is hospitalized at Government expense, such
allowance shall be discontinued from the first day of the
second calendar month which begins after the date of the
veteran's admission for such hospitalization for so long as
such hospitalization continues. Any discontinuance required by
administrative regulation, during hospitalization of a veteran
by the Department, of increased pension based on need of
regular aid and attendance or additional compensation based on
need of regular aid and attendance as described in subsection
(l) or (m) of section 1114 of this title, shall not be
effective earlier than the first day of the second calendar
month which begins after the date of the veteran's admission
for hospitalization. In case a veteran affected by this
subsection leaves a hospital against medical advice and is
thereafter admitted to hospitalization within six months from
the date of such departure, such allowance, increased pension,
or additional compensation, as the case may be, shall be
discontinued from the date of such readmission for so long as
such hospitalization continues.
(d)(1) For the purposes of this subsection--
(A) the term ``Medicaid plan'' means a State plan for
medical assistance referred to in section 1902(a) of
the Social Security Act (42 U.S.C. 1396a(a)); and
(B) the term ``nursing facility'' means a nursing
facility described in section 1919 of such Act (42
U.S.C. 1396r), other than a facility that is a State
home with respect to which the Secretary makes per diem
payments for nursing home care pursuant to section
1741(a) of this title.
(2) If a veteran having neither spouse nor child is covered
by a Medicaid plan for services furnished such veteran by a
nursing facility, no pension in excess of $90 per month shall
be paid to or for the veteran for any period after the month of
admission to such nursing facility.
(3) Notwithstanding any provision of title XIX of the Social
Security Act, the amount of the payment paid a nursing facility
pursuant to a Medicaid plan for services furnished a veteran
may not be reduced by any amount of pension permitted to be
paid such veteran under paragraph (2) of this subsection.
(4) A veteran is not liable to the United States for any
payment of pension in excess of the amount permitted under this
subsection that is paid to or for the veteran by reason of the
inability or failure of the Secretary to reduce the veteran's
pension under this subsection unless such inability or failure
is the result of a willful concealment by the veteran of
information necessary to make a reduction in pension under this
subsection.
(5)(A) The provisions of this subsection shall apply with
respect to a surviving spouse having no child in the same
manner as they apply to a veteran having neither spouse nor
child.
(B) The provisions of this subsection shall apply with
respect to a child entitled to pension under section 1542 of
this title in the same manner as they apply to a veteran having
neither spouse nor child.
(6) The costs of administering this subsection shall be paid
for from amounts available to the Department of Veterans
Affairs for the payment of compensation and pension.
(7) This subsection expires on [November 30, 2031] May 31,
2033.
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