Rule2023-13712
Allowances for Caskets and Urns for Unclaimed Remains of Veterans
Primary source
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Published
June 30, 2023
Effective
July 31, 2023
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) is implementing in regulation the Charles Duncan Buried with Honor Act of 2016, which expanded the casket and urn authority to apply to eligible veteran burials in State and Tribal cemeteries that received a VA cemetery grant. In addition, VA is establishing flat-rate allowances for caskets and urns, which will be adjusted annually based on the Consumer Price Index (CPI). Additionally, VA is updating the specifications for caskets based on feedback from funeral directors and other funeral industry professionals. Finally, VA is eliminating the retroactive reimbursement provisions since the relevant applicability period has passed.
Full Text
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<title>Federal Register, Volume 88 Issue 125 (Friday, June 30, 2023)</title>
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[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42245-42247]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13712]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 38
RIN 2900-AR36
Allowances for Caskets and Urns for Unclaimed Remains of Veterans
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is implementing in
regulation the Charles Duncan Buried with Honor Act of 2016, which
expanded the casket and urn authority to apply to eligible veteran
burials in State and Tribal cemeteries that received a VA cemetery
grant. In addition, VA is establishing flat-rate allowances for caskets
and urns, which will be adjusted annually based on the Consumer Price
Index (CPI). Additionally, VA is updating the specifications for
caskets based on feedback from funeral directors and other funeral
industry professionals. Finally, VA is eliminating the retroactive
reimbursement provisions since the relevant applicability period has
passed.
DATES: This rule is effective July 31, 2023.
FOR FURTHER INFORMATION CONTACT: Daniel Catron, Supervisory Program
Analyst, National Cemetery Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW, Washington, DC 20420;
<a href="/cdn-cgi/l/email-protection#5511343b3c30397b163421273a3b1523347b323a23"><span class="__cf_email__" data-cfemail="d89cb9b6b1bdb4f69bb9acaab7b698aeb9f6bfb7ae">[email protected]</span></a>, telephone: (314) 416-6324 (this is not a toll-
free number).
SUPPLEMENTARY INFORMATION: On December 8, 2022, VA published a proposed
rule in the Federal Register (87 FR 75196) that proposed to implement
the following: expansion of the casket and urn authority to apply to
eligible veteran burials in State and Tribal cemeteries that received a
VA cemetery grant; flat-rate allowances for
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caskets and urns; updated specifications for caskets; and the
elimination of retroactive reimbursement provisions. The public comment
period ended on February 6, 2023, and VA received 3 comments in
response to the proposed rule.
One comment was not relevant to this rulemaking and indicated an
individual preference for memorialization. VA considers this
preferential request to be beyond the scope of this rulemaking and will
make no changes to the regulatory text based on this comment.
Another commenter expressed support for the proposed rule. The
commenter commended VA's continued engagement and outreach to funeral
homes and funeral directors regarding the casket and urn reimbursement
program rates. The commenter applauded the payment of flat-rate
allowances for caskets and urns, noting consistency of this
programmatic approach with other VA burial benefits. The commenter
agreed with VA that the flat-rate provision would provide a predictable
methodology for determining casket and urn reimbursement. The commenter
supported VA's approach and intent to avoid confusion regarding the
``actual cost'' standard that required that actual costs be shown by
invoices reflecting the purchase price of the casket or urn purchased
by the individual or entity requesting reimbursement. The commenter
expressed support for the elimination of the outdated retroactive
applicability provision and support for the programmatic expansion of
the casket and urn benefit for qualifying burials in Veterans'
cemeteries that received VA grant funds. VA appreciates the commenter's
support for the proposed changes to implement the casket and urn
benefit. VA will make no changes to the regulatory text based on this
comment.
Finally, VA received a comment that expressed general support of VA
programs that ensure respect for deceased veterans, regardless of
whether they have a next-of-kin. VA appreciates the commenter's
recognition of our commitment to ensuring veterans who die without
family members to see to their last wishes still receive a dignified
burial. We also acknowledge the commenter's expressed concern and
opposition to the proposed flat-rate allowance for caskets and urns due
to varying prices that may cause potential resource shortfalls.
However, VA declines to make any changes to the regulatory text based
on this comment.
To the extent the commenter had concerns that individuals and
organizations would not utilize the program due to the allowance
potentially not covering all costs, as stated in the proposed rule, in
Sec. 38.628(e), VA will make cost-of-living adjustments for the flat-
rate allowances using the CPI, which is a methodology used in other,
similar VA monetary allowances. Consistent with the Veterans Benefits
Administration (VBA) cost increases for monetary allowances under 38
U.S.C. 2303, from June to June each year, under this rule the National
Cemetery Administration (NCA) will apply a similar percentage increase
(rounded to the nearest dollar) to the allowances for caskets and urns.
Use of VBA's cost-of-living increase analysis will promote consistency
across VA benefit programs and ensure the casket and urn allowances
meet current costs, to the extent practicable. Also, as noted in the
proposed rule, ``[t]he purpose of the casket and urn reimbursement is
to help offset a claimant's cost for bringing unclaimed veterans'
remains to burial in a VA national or grant-funded cemetery'' and to
avoid a significant financial loss or gain for an individual or entity
for having made the purchase, 87 FR at 75198, not necessarily to make
each individual or entity completely whole for the purchase.
To the extent the commenter had concerns that the Government may
not have resources to administer the program and provide caskets and
urns for all eligible veterans, 38 U.S.C. 2306(f) authorizes VA to
furnish a casket or urn for burial of the unclaimed remains of veterans
for whom VA cannot identify the next of kin and determines that
sufficient resources for the furnishing of a casket or urn for burial
are not available. The implementation of flat-rate allowances will not
jeopardize funding of the casket and urn reimbursement program. The
program is funded through the VBA Compensation and Pension mandatory
appropriation. As such, the appropriation does not constrain the
payment of benefits. If a Veteran or survivor is eligible for a
benefit, it is paid. As we noted in the proposed rule, we believe using
flat-rate allowances will promote consistency and efficiency in the
administration of this program. VA appreciates the commenter's concerns
but will make no changes to the regulatory text based on this comment.
Executive Orders 12866, 13563 and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, when regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, and other advantages;
distributive impacts; and equity). Executive Order 13563 (Improving
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). The
Office of Information and Regulatory Affairs has determined that this
rule is not a significant regulatory action under Executive Order
12866, as amended by Executive Order 14094. The Regulatory Impact
Analysis associated with this rulemaking can be found as a supporting
document at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612, because the number of claims and the amounts involved are expected
to be small. The average cost of a burial receptacle that meets
regulatory specifications under this rule is $1,199 for caskets and
$138 for urns in 2023. Also, we estimate that the total number of
allowances for 2023 will be 259 for caskets and 18 for urns. Because
the rulemaking provides for issuance of an allowance, the individual or
entity purchasing the burial receptacle is only entitled to recoup the
allowance rate, regardless of the actual purchase price.
Therefore, pursuant to 5 U.S.C. 605(b), the initial and final
regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604 do
not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in an expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This final rule will have no
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such effect on State, local, and tribal governments, or on the private
sector.
Paperwork Reduction Act
Although this action contains provisions constituting collections
of information at 38 CFR 38.628, under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3521), no new collection of
information is associated with this final rule. This rulemaking creates
no change to the annual PRA costs of the program. The information
collection requirements for 38 CFR 38.628 are currently approved by the
Office of Management and Budget (OMB) and have been assigned OMB
control number 2900-0799. VA made non-substantive text changes to an
existing form (VA40-10088) to reflect programmatic updates that will
not affect the information collection burden costs or create
administrative costs associated with this rulemaking.
Assistance Listing
The Assistance Listing number and title for the programs affected
by this document is 64.205, VA Casket or Urn Reimbursement Program.
Congressional Review Act
Pursuant to Congressional Review Act) (5 U.S.C. 801 et seq.), the
Office of Information and Regulatory Affairs designated this rule as
not a major rule, as defined by 5 U.S.C. 804(2).
List of Subjects in 38 CFR Part 38
Administrative practice and procedure, Cemeteries, Claims,
Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved and signed
this document on May 3, 2023, and authorized the undersigned to sign
and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 38 as set forth below:
PART 38--NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS
0
1. The authority citation for part 38 continues to read as follows:
Authority: 38 U.S.C. 107, 501, 512, 2306, 2400, 2402, 2403,
2404, 2407, 2408, 2411, 7105.
0
2. Amend Sec. 38.628 by revising the section heading, the introductory
text of paragraphs (a) and (c), and paragraphs (c)(1), (c)(5)(i), (d),
and (e) to read as follows:
Sec. 38.628 Allowance for caskets and urns for unclaimed remains of
veterans.
(a) VA will issue a flat-rate allowance, as established in
paragraph (d) of this section, to any individual or entity for a casket
or urn, purchased by the individual or entity for the burial in a
national cemetery or in a veterans' cemetery of a State or Tribal
Organization that has received a grant under 38 U.S.C. 2408, of an
eligible deceased veteran for whom VA:
* * * * *
(c) An individual or entity may request an allowance from VA under
paragraph (a) of this section by completing and submitting VA Form 40-
10088 and supporting documentation, in accordance with the instructions
on the form. Prior to approving issuance of an allowance, VA must find
all of the following:
(1) The veteran is eligible for burial in a VA national cemetery or
in a veterans' cemetery of a State or Tribal Organization that has
received a grant under 38 U.S.C. 2408;
* * * * *
(5) * * *
(i) Caskets must be of metal construction of at least 20-gauge
thickness, designed for containing human remains, sufficient to contain
the remains of the deceased veteran, and include external fixed rails
or swing arm handles.
* * * * *
(d) The allowance for a claim received in any calendar year under
paragraph (a) of this section is $1,199.00 for a metal casket and
$138.00 for an urn of durable material.
(e) VA will make cost-of-living adjustments for the flat-rate
casket and urn allowances using the Consumer Price Index (CPI). Each
fiscal year, VA will provide a percentage increase (rounded to the
nearest dollar) in the casket and urn flat-rate allowances equal to the
percentage by which the CPI (all items, United States city average) for
the 12-month period (June to June) preceding the beginning of the
fiscal year for which the percentage increase is made exceeds the CPI
for the 12-month period preceding the 12-month period described in this
paragraph (e). VA will only make cost-of-living increases to the flat
rate allowances when the CPI has increased.
* * * * *
[FR Doc. 2023-13712 Filed 6-29-23; 8:45 am]
BILLING CODE 8320-01-P
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