HR 647 — Ensuring Veterans’ Final Resting Place Act of 2025

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

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 PART II--GENERAL BENEFITS

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 CHAPTER 23--BURIAL BENEFITS

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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.

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 PART IV--GENERAL ADMINISTRATIVE PROVISIONS

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 CHAPTER 55--MINORS, INCOMPETENTS, AND OTHER WARDS

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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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