Required Federal/State Requirements

Amongst MIAP’s  goals and aspirations is to further enhance the verification of our veterans who are residing in back rooms and shelves.  Historically it has been difficult, and sometimes confusing, for funeral homes to effectively utilize  the system in place for identification and/or verification of veterans. This is borne out by the 2003 VBA SURVEY OF MEDICAL EXAMINERS’ AND CORONERS’ PROCESS IN IDENTIFICATION OF UNCLAIMED REMAINS FOR VETERAN STATUS which highlighted the problems and concluded  that over 75% of Medical Examiners and Coroners DO NOT verify for veterans status.

 As a result of MIAP’s work with funeral homes and the VA Cemetery system we have  developed a set of guidelines for proposed laws  that would ensure that every veteran receives the honors due him. The "Respect for America's Fallen Heroes Act" is a federal statute, the recommendations set forth below should be implemented in the same manner. 

The Missing in America Project endorses the current system of operations and is NOT requesting any deviation from current procedures with the family, funeral home, and cemetery process.  We are requesting that laws be passed to protect that process yet allow it to work without threat of lawsuits.

·        The Missing in America Project be officially recognized by the Department of Veterans Affairs and the United States Congress as an organization dedicated to locating and identifying the cremated remains of veterans   and, as such, MIAP will receive cooperation   from the VA, Federal and State agencies, funeral homes and crematoriums.

·        A national database be established for State agencies; i.e., hospitals, prisons, donor facilities, funeral homes, to enter unidentified/unverified cremains.  The inputted names then would be checked for veteran status by Veteran Service Officers and  approved VA volunteers.

·       Funeral homes to screen for veteran status from the next of kin or other authorized person when a cremation order is signed.  If there is any doubt or question as to said status, the required information must be submitted to the nearest VA Cemetery (State or National) to be verified.

·        After six months have elapsed from the date the cremation order was signed by next of kin or other authorized person, and the cremains have not been claimed, funeral homes must send a registered or certified letter requesting disposition instructions.  If there is no response within 30 days from the date the letter was mailed funeral homes are released from any and all liability and shall arrange for the disposition of the cremains in a National or VA cemetery where the location of cremains is listed on a Federal database and locator system.

·        The funeral home will utilize all methods available to it to ensure that every veteran receives the military burial and honors due, without risk of harm to it.  This would include the method of obtaining help from the Veterans Administration, approved veterans’ organizations or recognized veterans’ nonprofit organizations to facilitate the interment process with military honors.  All information required for the Veterans Administration may be shared or released by the funeral home to assist in this process.

·        Five years from the date of the cremation order the veteran’s cremains must be interred with honors. This will be enforced by federal and/or state law and/or penalties in the licensing renewal process.  This law should reinforce that absolutely No veteran’s cremains will remain in a funeral home or crypt longer than that period of time.  States should require, as part of the license renewal process, that the funeral home submit a list of any cremains remaining on shelves longer than five years.  The list is to include all action taken with regard to the cremains, such as when registered letters were sent and VA verification was made.

Any comments, recommendations, additions to this basic overview would be appreciated and welcomed.