S. 2309

119th CONGRESS 1st Session

To direct a physician or nurse practitioner employed by the Secretary of Veterans Affairs to certify the death of a veteran not later than 48 hours after such physician or nurse practitioner learns of such death, and for other purposes.

IN THE SENATE OF THE UNITED STATES · July 16, 2025 · Sponsor: Mr. Boozman · Committee: Committee on Veterans' Affairs

Table of contents

• S. 2309
  • SEC. 1. Short title
  • SEC. 2. Findings
  • SEC. 3. Timely certification of the death of a veteran

SEC. 1. Short title

• This Act may be cited as the Veteran Burial Timeliness and Death Certificate Accountability Act.

SEC. 2. Findings

• Congress finds the following:
  • States and counties have reported significant delays in the signing of death certificates for veterans who pass away from natural causes.
  • Such delays, caused by the refusal of, or postponement by, physicians of the Department of Veterans Affairs have, in some cases, lasted as long as eight weeks.
  • Such delays prevent the timely burial of deceased veterans and access to survivor benefits.

SEC. 3. Timely certification of the death of a veteran

• (a) In general
  • (1) VA physician or nurse practitioner
    • Subject to paragraph (2), a physician or nurse practitioner employed by the Secretary of Veterans Affairs who is the primary care provider of a veteran who dies of natural causes shall certify the death of such veteran not later than 48 hours after such physician or nurse practitioner learns of such death.
  • (2) Coroner or medical examiner
    • If a physician or nurse practitioner described in paragraph (1) cannot comply with such paragraph with respect to a death described in such paragraph, a coroner or medical examiner in the jurisdiction where such death occurred may certify such death.
• (b) Report
  • (1) In general
    • Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report regarding compliance with subsection (a).
  • (2) Elements
    • Each report required under paragraph (1) shall include, with respect to the year preceding the date of the report, the following elements:
      • The percentage of cases in which a physician or nurse practitioner employed by the Secretary complied with subsection (a)(1).
      • The number of cases in which such a physician or nurse practitioner could not so comply.
      • An identification of the most common reasons why such a physician or nurse practitioner could not so comply.
• (c) Rule of construction
  • Nothing in this Act shall require any employee of the Department of Veterans Affairs, including a physician or nurse practitioner, to take an action not in compliance with the laws, regulations, or requirements of the appropriate jurisdiction in which the employee is licensed or practicing, or in which a death may need to be certified.