Veterans would be able to retain their full Department of Veterans Affairs benefit to be buried at a national cemetery even if they previously chose to get a plaque or urn for their remains under a bill being introduced Wednesday by two Republican senators.
The bill would correct a flaw from previous legislation that lawmakers say has forced veterans' families to forgo a burial at a national cemetery.
"Military spouses make countless sacrifices in support of our service members," Sen. Jim Banks, R-Ind., said in a statement. "We have a sacred duty to honor our nation's heroes, and my bill ensures veterans and their spouses are laid to rest with the respect they have earned."
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Banks, a member of the Senate Veterans Affairs Committee and a veteran himself, is introducing the bill alongside Sen. Susan Collins, R-Maine.
At issue is language in a bill that was passed in 2020. That bill, the Johnny Isakson and David P. Roe Veterans Health Care and Benefits Improvement Act, intended to expand veterans' death benefits by allowing them to get a commemorative plaque or urn from the VA they could use if they are cremated and interred at a non-VA cemetery.
But the bill also said that, if a plaque or urn is provided, then the VA "may not provide" the veterans with "any burial benefit" to be interred at a VA national cemetery.
At the same time, though, surviving spouses still have the right to be buried in a VA cemetery even if their veteran husband or wife no longer does. That means, when the spouse dies, they cannot be buried in a VA national cemetery if they want to be buried next to their loved one.
When the VA implemented the plaque or urn benefit, it received widespread criticism from veterans, funeral directors and other members of the public. But officials said their hands were tied by the law.
Banks and Collins' bill would fix that by removing the section of the law that bars the VA from providing burial benefits to veterans who get a plaque or urn.
The bill was previously introduced in the House last year, but went nowhere. This is the first time it is being introduced in the Senate, signaling that it now stands a better chance of passing since there are versions in both chambers of Congress.
The House version, sponsored by Rep. Rudy Yakym, R-Ind., was also reintroduced earlier this year and was debated by a House Veterans Affairs Committee subpanel on Wednesday.
In written testimony submitted for the House panel meeting, the VA said it supports the intention of the bill but expressed some cost concerns. Expanding the burial benefit could cost about $210 million over 10 years, the department estimated.
"VA understands the desire of some survivors to retain the cremated remains of a loved one, as well as their desire to feel VA has provided appropriate recognition of their loved one's service," the testimony said. "VA notes that two benefits are currently available to such families -- burial flags and Presidential Memorial Certificates -- neither of which require families to forfeit other benefits. We support Congress' efforts to provide a meaningful benefit to these survivors. VA would like to work with the subcommittee to discuss more equitable or cost-effective solutions."
While the VA also contended it makes clear to spouses that they're waiving future burial rights for their veteran when they accept an urn or plaque, supporters of the bill maintained that it's unreasonable to expect a grieving spouse to fully plan for their own funeral during their time of mourning.
"Veterans serve our country with honor and deserve dignity in their final resting place," Collins said in a statement Wednesday. "This bipartisan bill would ensure that the surviving families of fallen veterans can receive full VA burial benefits no matter what type of memorial their families choose."
