[House Report 114-312]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-312
======================================================================
DIGNIFIED INTERMENT OF OUR VETERANS ACT OF 2015
_______
October 26, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Miller of Florida, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 1338]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1338) to require the Secretary of Veterans
Affairs to conduct a study on matters relating to the burial of
unclaimed remains of veterans in national cemeteries, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Subcommittee Consideration....................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 6
Advisory Committee Statement..................................... 6
Constitutional Authority Statement............................... 6
Applicability to Legislative Branch.............................. 6
Statement on Duplication of Federal Programs..................... 6
Disclosure of Directed Rulemaking................................ 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill as Reported............. 7
Amendment in the Nature of a Substitute
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 ``Dignified Interment of Our Veterans
Act of 2015''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS STUDY ON MATTERS RELATING TO
BURIAL OF UNCLAIMED REMAINS OF VETERANS IN NATIONAL
CEMETERIES.
(a) Study and Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall--
(1) complete a study on matters relating to the interring of
unclaimed remains of veterans in national cemeteries under the
control of the National Cemetery Administration; and
(2) submit to Congress a report on the findings of the
Secretary with respect to the study required under paragraph
(1).
(b) Matters Studied.--The matters studied under subsection (a)(1)
shall include the following:
(1) Determining the scope of issues relating to unclaimed
remains of veterans, including an estimate of the number of
unclaimed remains of veterans.
(2) Assessing the effectiveness of the procedures of the
Department of Veterans Affairs for working with persons or
entities having custody of unclaimed remains to facilitate
interment of unclaimed remains of veterans in national
cemeteries under the control of the National Cemetery
Administration.
(3) Assessing State and local laws that affect the ability of
the Secretary to inter unclaimed remains of veterans in
national cemeteries under the control of the National Cemetery
Administration.
(4) Developing recommendations for such legislative or
administrative action as the Secretary considers appropriate.
(c) Methodology.--
(1) Number of unclaimed remains.--In estimating the number of
unclaimed remains of veterans under subsection (b)(1), the
Secretary may review such subset of applicable entities as the
Secretary considers appropriate, including a subset of funeral
homes and coroner offices that possess unclaimed veterans
remains.
(2) Assessment of state and local laws.--In assessing State
and local laws under subsection (b)(3), the Secretary may
assess such sample of applicable State and local laws as the
Secretary considers appropriate in lieu of reviewing all
applicable State and local laws.
SEC. 3. LIMITATION ON AWARDS AND BONUSES PAID TO SENIOR EXECUTIVE
EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS.
Section 705 of the Veterans Access, Choice, and Accountability Act of
2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended by striking
the period at the end and inserting the following: ``, of which, during
fiscal year 2016, not more than an aggregate amount of $2,000,000 may
be paid to employees of the Department of Veterans Affairs who are
members of the Senior Executive Service.''.
Purpose and Summary
H.R. 1338, as amended, the ``Dignified Interment of Our
Veterans Act of 2015,'' was introduced by Representative Bill
Shuster of Pennsylvania on March 6, 2015. This legislation
would require the Department of Veterans Affairs (VA) to
conduct a study and report to Congress on matters relating to
the interment of the unclaimed remains of deceased veterans in
our national cemeteries to ensure they are treated with dignity
and respect. It would also limit awards and bonuses paid to VA
employees who are members of the Senior Executive Service
during fiscal year 2016 to not more than an aggregate of
$2,000,000.
Background and Need for Legislation
In 2013, Congress enacted the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012, which authorized VA
to provide burial benefits in a national cemetery for the
unclaimed remains of deceased veterans with no known next of
kin and who do not have sufficient financial resources for this
purpose. Such burial benefits include reimbursements for the
cost of a casket or urn, for costs of transportation to the
nearest national cemetery, and for certain other funeral
expenses.
During the June 24, 2015, Subcommittee on Disability
Assistance and Memorial Affairs hearing, Representative Shuster
testified that despite passage of the Dignified Burial and
Other Veteran's Benefits Act of 2012, there are currently
47,000 unclaimed, uninterred veterans. This testimony raises
serious concerns regarding the effectiveness of VA, State,
City, County, and other municipality policies with respect to
identifying and interring such remains.
The Committee strongly believes that the remains of
deceased veterans should be treated with the utmost dignity and
respect. H.R. 1338, as amended, would require the Secretary of
Veterans Affairs to conduct a study on matters relating to
obtaining and interring of unclaimed veteran remains. The
intent of the study is to confirm the scope of this problem,
uncover any barriers associated with claiming and interring
veteran remains, and solicit recommendations from VA on
improvements to our Nation's collective ability to identity and
inter veteran remains.
Hearings
On June 24, 2015, the Subcommittee on Disability Assistance
and Memorial Affairs conducted a legislative hearing on various
bills introduced during the 114th Congress, including H.R.
1338.
The following witnesses testified:
The Honorable Bill Johnson, U.S. House of Representatives;
Mr. David R. McLenachen, Acting Deputy Under Secretary for
Disability Assistance, Veterans Benefits Administration, U.S.
Department of Veterans Affairs; Mr. Zachary Hearn, Deputy
Director for Claims, Veterans Affairs and Rehabilitation
Division, The American Legion; Mr. Paul R. Varela, Assistant
National Legislative Director, Disabled American Veterans; Mr.
Aleks Morosky, Deputy Director, National Legislative Service,
Veterans of Foreign Wars; Ms. Diane Zumatto, National
Legislative Director, AMVETS; and Mr. Chris Neiweem,
Legislative Associate, Iraq and Afghanistan Veterans of
America.
Statements for the record were submitted by the following:
The Honorable Bob Latta, U.S. House of Representatives; the
Honorable Bill Shuster, U.S. House of Representatives; and the
Paralyzed Veterans of America.
Subcommittee Consideration
On July 9, 2015, the Subcommittee on Disability Assistance
and Memorial Affairs met in open markup session, a quorum being
present, and favorably forwarded H.R. 1338 to the full
Committee.
Committee Consideration
On September 17, 2015, the full Committee met in an open
markup session, a quorum being present, and ordered H.R. 1338,
as amended, reported favorably to the House of Representatives
by voice vote.
During consideration of the bill, the following amendment
was offered and agreed to by voice vote:
An amendment in the nature of a substitute to H.R. 1338,
offered by Mr. Abraham of Louisiana, which included the
contents of H.R. 1338 and inserted a provision that would limit
awards and bonuses paid to VA Senior Executive Service
employees during fiscal year 2016, by not more than an
aggregate amount of $2,000,000.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report the legislation and amendments
thereto. There were no recorded votes taken on amendments or in
connection with ordering H.R. 1338, as amended, reported to the
House. A motion by Ranking Member Corrine Brown of Florida to
report H.R. 1338, as amended, favorably to the House of
Representatives was agreed to by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee establishes the
following performance related goals and objectives for this
legislation:
VA will use the authority granted by this legislation to
conduct a study that would assist in forming policies to better
identify and inter unclaimed remains of deceased veterans and
develop recommendations to improve the effectiveness of VA
State, City, County, and other municipality procedures for
identifying and interring unclaimed remains of deceased
veterans. Further, VA would be required to submit a report to
Congress detailing the findings of this study.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 1338, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
1338, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 1338, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 22, 2015.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1338, the
Dignified Interment of Our Veterans Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Dwayne M.
Wright.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1338--Dignified Interment of Our Veterans Act of 2015
H.R. 1338 would require the Department of Veterans Affairs
(VA) to limit the amounts of awards and bonuses paid to senior
executive service (SES) employees and require VA to study
matters related to unclaimed remains of veterans. On net, CBO
estimates that implementing H.R. 1338 would reduce costs by $1
million over the 2016-2020 period, assuming appropriation
actions consistent with the bill. Enacting H.R. 1338 would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
Section 3 would limit to $2 million the total amount VA
could pay in awards and bonuses to SES employees in 2016. From
2008 to 2012, VA paid an average of about $3.5 million each
year in such awards and bonuses. Assuming such payments will
continue at about that level under current law, adjusted for
inflation, CBO estimates that implementing section 3 would
reduce discretionary spending for personnel by about $2 million
over the 2016-2020 period, assuming appropriation actions
consistent with the bill.
Section 2 would require VA to complete a study and submit a
report to the Congress on issues and procedures related to
burying unclaimed remains of veterans in national cemeteries
under the control of the National Cemetery Administration. As
part of the study, VA would need to contact funeral homes and
coroner offices around the nation to estimate the number of
such remains; assess state and local laws that affect VA's
ability to take custody of such remains; and, develop
recommendations for legislative and administrative actions
needed to enable VA to inter all such remains in national
cemeteries. Based on information from VA, CBO estimates that
implementing section 2 within the one-year period allotted
would cost $1 million over the 2016-2020 period, assuming
appropriation of the necessary amounts.
CBO estimates that enacting H.R. 1338 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2026.
H.R. 1338 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On June 9, 2015, CBO transmitted an estimate for H.R. 1607,
the Ruth Moore Act of 2015, as ordered reported by the House
Committee on Veterans' Affairs on May 21, 2015. Section 3 of
H.R. 1607 would limit the amount VA could pay in bonuses to SES
staff over the 2016-2018 period, whereas section 3 of H.R. 1338
would limit the amount VA could pay in bonuses to SES employees
only in 2016. CBO's estimates of the budgetary effects for
those provisions reflect that difference in bill language.
The CBO staff contact for this estimate is Dwayne M.
Wright. The estimate was approved by H. Samuel Papenfuss,
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 1338, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
1338, as amended.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, the reported bill is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 1338, as amended,
establishes or reauthorizes a program of the Federal Government
known to be duplicative of another Federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that H.R. 1338, as amended, contains no
directed rule making that would require the Secretary to
prescribe regulations.
Section-by-Section Analysis of the Legislation
Section 1--Short title
Section 1 would establish the bill's short title as the
``Dignified Interment of Our Veterans Act of 2015''.
Section 2--Department of Veterans Affairs study on matters relating to
burial of unclaimed remains of veterans in national cemeteries
Section 2(a) would require VA to (1) complete a study on
matters relating to the interring of unclaimed remains of
veterans in national cemeteries; and (2) submit a report to
Congress within one year of enactment.
Section 2(b) would require that the study mandated by
Section 2(a) include: (1) a determination of the scope of
issues relating to unclaimed remains of veterans, including an
estimate of the number of unclaimed remains of veterans; (2) an
assessment of the effectiveness of VA's procedures for working
with persons having custody of unclaimed remains to facilitate
interment of unclaimed remains of veterans in national
cemeteries; (3) an analysis of State and local laws that affect
the ability of the Secretary to inter unclaimed remains of
veterans in national cemeteries; and (4) recommendations for
such legislative or administrative action as the Secretary
considers appropriate.
Section 2(c) would establish the methodology for completing
the study, including how VA should estimate the number of
unclaimed remains and how to review state and local laws.
Section 3--Limitation on awards and bonuses paid to Senior Executive
employees of Department of Veterans Affairs
Section 3 of this bill would limit the awards and bonuses
paid to VA employees who are members of the Senior Executive
Service to not more than the aggregate amount of $2,000,000
during fiscal year 2016.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
VETERANS ACCESS, CHOICE, AND ACCOUNTABILITY ACT OF 2014
* * * * * * *
TITLE VII--OTHER VETERANS MATTERS
* * * * * * *
SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
In each of fiscal years 2015 through 2024, the Secretary of
Veterans Affairs shall ensure that the aggregate amount of
awards and bonuses paid by the Secretary in a fiscal year under
chapter 45 or 53 of title 5, United States Code, or any other
awards or bonuses authorized under such title does not exceed
$360,000,000[.], of which, during fiscal year 2016, not more
than an aggregate amount of $2,000,000 may be paid to employees
of the Department of Veterans Affairs who are members of the
Senior Executive Service.
* * * * * * *
[all]