[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3202 Enrolled Bill (ENR)]
S.3202
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To amend title 38, United States Code, to ensure that deceased veterans
with no known next of kin can receive a dignified burial, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Dignified Burial
and Other Veterans' Benefits Improvement Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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TITLE I

-CEMETERY MATTERS

and medical examiners and funeral directors.

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offenses from interment or memorialization in national
cemeteries, Arlington National Cemetery, and certain State
veterans' cemeteries and from receiving certain funeral
honors.

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Cemetery by American Battle Monuments Commission.

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TITLE II

-HEALTH CARE

medicaid plans for services furnished by nursing facilities.

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Veterans Claims reside within 50 miles of District of
Columbia.

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TITLE III

-OTHER MATTERS

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The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.

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KNOWN NEXT OF KIN.
(a) In General.--Section 2306 of title 38, United States Code, is
amended--
(1) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively;
(2) by inserting after subsection (e) the following new
subsection (f):
``(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.''; and
(3) in subsection (h), as redesignated by paragraph (1), by
adding at the end the following new paragraph:
``(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.''.
(b) Effective Date.--Subsections (f) and (h)(4) of section 2306 of
title 38, United States Code, as added by subsection (a), shall take
effect on the date that is one year after the date of the enactment of
this Act and shall apply with respect to deaths occurring on or after
the date that is one year after the date of the enactment of this Act.

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(a) In General.--Section 2404 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(h)(1) With respect to the interment or funeral, memorial
service, or ceremony of a deceased veteran at a national cemetery, the
Secretary shall ensure that--
``(A) the expressed wishes of the next of kin or other agent of
the deceased veteran are respected and given appropriate deference
when evaluating whether the proposed interment or funeral, memorial
service, or ceremony affects the safety and security of the
national cemetery and visitors to the cemetery;
``(B) to the extent possible, all appropriate public areas of
the cemetery, including committal shelters, chapels, and benches,
may be used by the family of the deceased veteran for
contemplation, prayer, mourning, or reflection; and
``(C) during such interment or funeral, memorial service, or
ceremony, the family of the deceased veteran may display any
religious or other symbols chosen by the family.
``(2) Subject to regulations prescribed by the Secretary under
paragraph (4), including such regulations ensuring the security of a
national cemetery, the Secretary shall, to the maximum extent
practicable, provide to any military or volunteer veterans honor guard,
including such guards belonging to a veterans service organization or
other nongovernmental group that provides services to veterans, access
to public areas of a national cemetery if such access is requested by
the next of kin or other agent of a deceased veteran whose interment or
funeral, memorial service, or ceremony is being held in such cemetery.
``(3) With respect to the interment or funeral, memorial service,
or ceremony of a deceased veteran at a national cemetery, the Secretary
shall notify the next of kin or other agent of the deceased veteran of
funeral honors available to the deceased veteran, including such honors
provided by any military or volunteer veterans honor guard described in
paragraph (2).
``(4) The Secretary shall prescribe regulations to carry out this
subsection.''.
(b) Interim Implementation.--The Secretary may carry out paragraphs
(1) through (3) of section 2404(h) of such title, as added by
subsection (a), before the Secretary prescribes regulations pursuant to
paragraph (4) of such section, as so added.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report on the
implementation of section 2404(h) of such title, as added by subsection
(a). Such report shall include a certification of whether the Secretary
is in compliance with all of the provisions of such section.

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AFFAIRS AND MEDICAL EXAMINERS AND FUNERAL DIRECTORS.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 2414. Communication between Department of Veterans Affairs and
medical examiners and funeral directors
``(a) Required Information.--With respect to each deceased veteran
described in subsection (b) who is transported to a national cemetery
for burial, the Secretary shall ensure that the local medical examiner,
funeral director, county service group, or other entity responsible for
the body of the deceased veteran before such transportation submits to
the Secretary the following information:
``(1) Whether the deceased veteran was cremated.
``(2) The steps taken to ensure that the deceased veteran has
no next of kin.
``(b) Deceased Veteran Described.--A deceased veteran described in
this subsection is a deceased veteran--
``(1) with respect to whom the Secretary determines that there
is no next of kin or other person claiming the body of the deceased
veteran; and
``(2) who does not have sufficient resources for the furnishing
of a casket or urn for the burial of the deceased veteran in a
national cemetery, as determined by the Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2413 the following new item:
``2414. Communication between Department of Veterans Affairs and medical
examiners and funeral directors.''.
(c) Effective Date.--Section 2414 of title 38, United States Code,
as added by subsection (a), shall take effect on the date of the
enactment of this Act and shall apply with respect to deaths occurring
on or after the date that is 180 days after the date of the enactment
of this Act.

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REMAINS.
(a) Identification of Unclaimed or Abandoned Human Remains.--The
Secretary of Veterans Affairs shall cooperate with veterans service
organizations to assist entities in possession of unclaimed or
abandoned human remains in determining if any such remains are the
remains of veterans or other individuals eligible for burial in a
national cemetery under the jurisdiction of the Secretary.
(b) Burial of Unclaimed or Abandoned Human Remains.--
(1) Funeral expenses.--Section 2302(a)(2) of title 38, United
States Code, is amended by striking ``who was a veteran of any war
or was discharged or released from the active military, naval, or
air service for a disability incurred or aggravated in line of
duty, whose body is held by a State (or a political subdivision of
a State), and''.
(2) Transportation costs.--Section 2308 of such title is
amended--
(A) by striking ``Where a veteran'' and all that follows
through ``compensation, the'' and inserting ``(a) In General.--
The'';
(B) in subsection (a), as designated by subparagraph (A),
by inserting ``described in subsection (b)'' after ``of the
deceased veteran''; and
(C) by adding at the end the following new subsection:
``(b) Deceased Veteran Described.--A deceased veteran described in
this subsection is any of the following veterans:
``(1) A veteran who dies as the result of a service-connected
disability.
``(2) A veteran who dies while in receipt of disability
compensation (or who but for the receipt of retirement pay or
pension under this title, would have been entitled to
compensation).
``(3) A veteran whom the Secretary determines is eligible for
funeral expenses under section 2302 of this title by virtue of the
Secretary determining that the veteran has no next of kin or other
person claiming the body of such veteran pursuant to subsection
(a)(2)(A) of such section.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is one year after the date of
the enactment of this Act and shall apply with respect to burials
and funerals occurring on or after the date that is one year after
the date of the enactment of this Act.

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OFFENSES FROM INTERMENT OR MEMORIALIZATION IN NATIONAL
CEMETERIES, ARLINGTON NATIONAL CEMETERY, AND CERTAIN STATE
VETERANS' CEMETERIES AND FROM RECEIVING CERTAIN FUNERAL HONORS.
(a) Prohibition Against.--Section 2411(b) of title 38, United
States Code, is amended by adding at the end the following new
paragraph:
``(4) A person--
``(A) who has been convicted of a Federal or State crime
causing the person to be a tier III sex offender for purposes
of the Sex Offender Registration and Notification Act (42
U.S.C. 16901 et seq.);
``(B) who, for such crime, is sentenced to a minimum of
life imprisonment; and
``(C) whose conviction is final (other than a person whose
sentence was commuted by the President or Governor of a State,
as the case may be).''.
(b) Conforming Amendments.--Section 2411(a)(2) of such title is
amended--
(1) by striking ``or (b)(2)'' each place it appears and
inserting ``, (b)(2), or (b)(4)''; and
(2) by striking ``capital'' each place it appears.
(c) Effective Date.--The amendments made by this section shall
apply with respect to interments and memorializations that occur on or
after the date of the enactment of this Act.

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CEMETERY BY AMERICAN BATTLE MONUMENTS COMMISSION.
(a) In General.--After an agreement is made between the Government
of the Republic of the Philippines and the United States Government,
Clark Veterans Cemetery in the Republic of the Philippines shall be
treated, for purposes of section 2104 of title 36, United States Code,
as a cemetery for which it was decided under such section that the
cemetery will become a permanent cemetery and the American Battle
Monuments Commission shall restore, operate, and maintain Clark
Veterans Cemetery (to the degree the Commission considers appropriate)
under such section in cooperation with the Government of the Republic
of the Philippines.
(b) Limitation on Future Burials.--Burials at the cemetery
described in subsection (a) after the date of the agreement described
in such subsection shall be limited to eligible veterans, as determined
by the Commission, whose burial does not incur any cost to the
Commission.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission--
(1) $5,000,000 for site preparation, design, planning,
construction, and associated administrative costs for the
restoration of the cemetery described in subsection (a); and
(2) amounts necessary to operate and maintain the cemetery
described in subsection (a).

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WITH INDUSTRY STANDARDS FOR CASKETS AND URNS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report on the
compliance of the Department of Veterans Affairs with industry
standards for caskets and urns.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of industry standards for caskets and urns.
(2) An assessment of compliance with such standards at national
cemeteries administered by the Department with respect to caskets
and urns used for the interment of those eligible for burial at
such cemeteries.

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(a) Establishment of Registry.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall--
(A) establish and maintain an open burn pit registry for
eligible individuals who may have been exposed to toxic
airborne chemicals and fumes caused by open burn pits;
(B) include any information in such registry that the
Secretary of Veterans Affairs determines necessary to ascertain
and monitor the health effects of the exposure of members of
the Armed Forces to toxic airborne chemicals and fumes caused
by open burn pits;
(C) develop a public information campaign to inform
eligible individuals about the open burn pit registry,
including how to register and the benefits of registering; and
(D) periodically notify eligible individuals of significant
developments in the study and treatment of conditions
associated with exposure to toxic airborne chemicals and fumes
caused by open burn pits.
(2) Coordination.--The Secretary of Veterans Affairs shall
coordinate with the Secretary of Defense in carrying out paragraph
(1).
(b) Report to Congress.--
(1) Reports by independent scientific organization.--The
Secretary of Veterans Affairs shall enter into an agreement with an
independent scientific organization to prepare reports as follows:
(A) Not later than two years after the date on which the
registry under subsection (a) is established, an initial report
containing the following:
(i) An assessment of the effectiveness of actions taken
by the Secretaries to collect and maintain information on
the health effects of exposure to toxic airborne chemicals
and fumes caused by open burn pits.
(ii) Recommendations to improve the collection and
maintenance of such information.
(iii) Using established and previously published
epidemiological studies, recommendations regarding the most
effective and prudent means of addressing the medical needs
of eligible individuals with respect to conditions that are
likely to result from exposure to open burn pits.
(B) Not later than five years after completing the initial
report described in subparagraph (A), a follow-up report
containing the following:
(i) An update to the initial report described in
subparagraph (A).
(ii) An assessment of whether and to what degree the
content of the registry established under subsection (a) is
current and scientifically up-to-date.
(2) Submittal to congress.--
(A) Initial report.--Not later than two years after the
date on which the registry under subsection (a) is established,
the Secretary of Veterans Affairs shall submit to Congress the
initial report prepared under paragraph (1)(A).
(B) Follow-up report.--Not later than five years after
submitting the report under subparagraph (A), the Secretary of
Veterans Affairs shall submit to Congress the follow-up report
prepared under paragraph (1)(B).
(c) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible individual''
means any individual who, on or after September 11, 2001--
(A) was deployed in support of a contingency operation
while serving in the Armed Forces; and
(B) during such deployment, was based or stationed at a
location where an open burn pit was used.
(2) Open burn pit.--The term ``open burn pit'' means an area of
land located in Afghanistan or Iraq that--
(A) is designated by the Secretary of Defense to be used
for disposing solid waste by burning in the outdoor air; and
(B) does not contain a commercially manufactured
incinerator or other equipment specifically designed and
manufactured for the burning of solid waste.

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DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 1 of title 38, United States Code, is
amended by inserting after section 111 the following new section:
``Sec. 111A. Transportation of individuals to and from Department
facilities
``(a) Transportation by Secretary.--(1) The Secretary may transport
any person to or from a Department facility or other place in
connection with vocational rehabilitation, counseling required by the
Secretary pursuant to chapter 34 or 35 of this title, or for the
purpose of examination, treatment, or care.
``(2) The authority granted by paragraph (1) shall expire on the
date that is one year after the date of the enactment of this
section.''.
(b) Conforming Amendment.--Subsection (h) of section 111 of such
title is--
(1) transferred to section 111A of such title, as added by
subsection (a);
(2) redesignated as subsection (b);
(3) inserted after subsection (a) of such section; and
(4) amended by inserting ``Transportation by Third-parties.--''
before ``The Secretary''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of such title is amended by inserting after the item relating
to section 111 the following new item:
``111A. Transportation of individuals to and from Department
facilities.''.

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BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES.
Section 5503(d)(7) of title 38, United States Code, is amended by
striking ``September 30, 2016'' and inserting ``November 30, 2016''.

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POST-TRAUMATIC-STRESS DISORDER.
Section 110(e)(2) of the Veterans' Health Care Act of 1984 (Public
Law 98-528; 38 U.S.C. 1712A note) is amended by striking ``through
2012'' and inserting ``through 2016''.

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SPOUSES.
(a) Provision of Off-base Transition Training.--During the two-year
period beginning on the date of the enactment of this Act, the
Secretary of Labor shall provide the Transition Assistance Program
under section 1144 of title 10, United States Code, to eligible
individuals at locations other than military installations to assess
the feasibility and advisability of providing such program to eligible
individuals at locations other than military installations.
(b) Eligible Individuals.--For purposes of this section, an
eligible individual is a veteran or the spouse of a veteran.
(c) Locations.--
(1) Number of states.--The Secretary shall carry out the
training under subsection (a) in not less than three and not more
than five States selected by the Secretary for purposes of this
section.
(2) Selection of states with high unemployment.--Of the States
selected by the Secretary under paragraph (1), at least two shall
be States with high rates of unemployment among veterans.
(3) Number of locations in each state.--The Secretary shall
provide training under subsection (a) to eligible individuals at a
sufficient number of locations within each State selected under
this subsection to meet the needs of eligible individuals in such
State.
(4) Selection of locations.--The Secretary shall select
locations for the provision of training under subsection (a) to
facilitate access by participants and may not select any location
on a military installation other than a National Guard or reserve
facility that is not located on an active duty military
installation.
(d) Inclusion of Information About Veterans Benefits.--The
Secretary shall ensure that the training provided under subsection (a)
generally follows the content of the Transition Assistance Program
under section 1144 of title 10, United States Code.
(e) Annual Report.--Not later than March 1 of any year during which
the Secretary provides training under subsection (a), the Secretary
shall submit to Congress a report on the provision of such training.
(f) Comptroller General Report.--Not later than 180 days after the
termination of the one-year period described in subsection (a), the
Comptroller General of the United States shall submit to Congress a
report on the training provided under such subsection. The report shall
include the evaluation of the Comptroller General regarding the
feasibility and advisability of carrying out off-base transition
training at locations nationwide.

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FOR VETERANS CLAIMS RESIDE WITHIN 50 MILES OF DISTRICT OF
COLUMBIA.
(a) Residency Requirement.--
(1) In general.--Section 7255 is amended to read as follows:
``Sec. 7255. Offices, duty stations, and residences
``(a) Principal Office.--The principal office of the Court of
Appeals for Veterans Claims shall be in the Washington, D.C.,
metropolitan area, but the Court may sit at any place within the United
States.
``(b) Official Duty Stations.--(1) Except as provided in paragraph
(2), the official duty station of each judge while in active service
shall be the principal office of the Court of Appeals for Veterans
Claims.
``(2) The place where a recall-eligible retired judge maintains the
actual abode in which such judge customarily lives shall be considered
the recall-eligible retired judge's official duty station.
``(c) Residences.--(1) Except as provided in paragraph (2), after
appointment and while in active service, each judge of the Court of
Appeals for Veterans Claims shall reside within 50 miles of the
Washington, D.C., metropolitan area.
``(2) Paragraph (1) shall not apply to recall-eligible retired
judges of the Court of Appeals for Veterans Claims.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 72 is amended by striking the item relating to section
7255 and inserting the following new item:
``7255. Offices, duty stations, and residences.''.
(b) Removal.--Section 7253(f)(1) is amended by striking ``or
engaging in the practice of law'' and inserting ``engaging in the
practice of law, or violating section 7255(c) of this title''.
(c) Effective Date.--
(1) In general.--Subsection (c) of section 7255, as added by
subsection (a), and the amendment made by subsection (b) shall take
effect on the date that is 180 days after the date of the enactment
of this Act.
(2) Applicability.--The amendment made by subsection (b) shall
apply with respect to judges confirmed on or after January 1, 2012.

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(a) Designation.--The facility of the Department of Veterans
Affairs located at 180 Martin Drive in Carrollton, Georgia, shall after
the date of the enactment of this Act be known and designated as the
``Trinka Davis Veterans Village''.
(b) References.--Any reference in any law, regulation, map,
document, record, or other paper of the United States to the facility
referred to in subsection (a) shall be deemed to be a reference to the
``Trinka Davis Veterans Village''.

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VETERANS AFFAIRS OUTPATIENT CLINIC.
(a) Designation.--The facility of the Department of Veterans
Affairs located at 9800 West Commercial Boulevard in Sunrise, Florida,
shall after the date of the enactment of this Act be known and
designated as the ``William `Bill' Kling Department of Veterans Affairs
Outpatient Clinic''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``William
`Bill' Kling Department of Veterans Affairs Outpatient Clinic''.

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AFFAIRS MEDICAL CENTER.
(a) Designation.--The Department of Veterans Affairs medical center
in Spokane, Washington, shall after the date of the enactment of this
Act be known and designated as the ``Mann-Grandstaff Department of
Veterans Affairs Medical Center''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Department of
Veterans Affairs medical center referred to in subsection (a) shall be
deemed to be a reference to the ``Mann-Grandstaff Department of
Veterans Affairs Medical Center''.

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AFFAIRS COMMUNITY BASED OUTPATIENT CLINIC.
(a) Designation.--The Department of Veterans Affairs community
based outpatient clinic located in Mansfield, Ohio, shall after the
date of the enactment of this Act be known and designated as the
``David F. Winder Department of Veterans Affairs Community Based
Outpatient Clinic''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Department of
Veterans Affairs community based outpatient clinic referred to in
subsection (a) shall be deemed to be a reference to the ``David F.
Winder Department of Veterans Affairs Community Based Outpatient
Clinic''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

1770412cce84ccdbaf479bedef38e3f0a60bb1a618068b5fff1fb1f1dc20cd24

Dignified Burial of Veterans Act of 2012 — S. 3202

Other Sections

TITLE I

TITLE II

TITLE III

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