as to reflect a discharge from the service under conditions other than dishonorable, then the burial allowance may be paid if a claim is filed within two years from whichever last occurs, the date of correction of the discharge or the date of enactment of this sentence. If a claimant's application is incomplete at the time it is originally submitted, the Administrator shall notify the applicant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no allowance may be paid.

§ 905. Persons eligible under prior law

The death of any person who had a status which would, under the laws in effect on December 31, 1957, afford entitlement to the burial benefits and other benefits provided for in this chapter, but who did not meet the service requirements contained in this chapter, shall afford entitlement to such benefits, notwithstanding the failure of such person to meet such service requirements.

SEC. 503(9)

§ 503. Determinations with respect to annual income 1

In determining annual income under this chapter, all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived, irrespective of whether the waiver was made pursuant to statute, contract, or otherwise) shall be included except—

(1) payments of the six-months' death gratuity;

(2) donations from public or private relief or welfare organizations;

(3) payments under this chapter, and chapters 11 and 13 (except section 412(a)) of this title;

(4) payments under policies of United States Government life insurance or National Service Life Insurance, and payments of servicemen's indemnity; (5) lump sum death payments under subchapter II of chapter 7 of title 42; (6) 10 per centum of the amount of payments to an individual under public or private retirement, annuity, endowment, or similar plans or programs; (7) amounts equal to amounts paid by a widow or child of a deceased veteran for

(A) his just debts,

(B) the expenses of his last illness, and

(C) the expenses of his burial to the extent such expenses are not reimbursed under chapter 23 of this title;

(8) proceeds of fire insurance policies;

(9) amounts equal to amounts paid by a veteran for the last illness and burial of his deceased spouse or child;

(10) profit realized from the disposition of real or personal property other than in the course of a business;

(11) payments received for discharge of jury duty or obligatory civic duties; (12) payments of educational assistance allowance or special training allowance under chapter 35 of this title;

(13) payments of bonus or similar cash gratuity by any State based on service in the Armed Forces.

1 Section amended by sec. 2(a), Public Law 86-211; sec. 1(b), Public Law 87-268; sec. 1, Public Law 88-664

213, 262 136,642 137,044 2,362 2,236 2,428 2,938 2,366 2,241 2,432 3,008

2 None.

730 271,862

Station

II. VETERANS' ADMINISTRATION CEMETERIES AS OF JUNE 30, 1967

Hon. OLIN E. TEAGUE,

VETERANS' ADMINISTRATION,

Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, D.C.

OFFICE OF GENERAL COUNSEL, Washington, D.C., January 5, 1968.

DEAR MR. CHAIRMAN: Enclosed is a chart prepared at your request setting forth a résumé of the laws and regulations of the several states pertaining to the disposition of deceased human bodies.

This chart was compiled from material submitted by the Veterans' Administration Chief Attorneys in response to our letter of November 3, 1967, copy of which is enclosed. Of necessity, the chart does not contain the complete details of all the laws and regulations dealing with the subject matter, but does set forth the broad requirements in the areas covered. The chart, in draft form, was referred to the Chief Attorneys for their verification of the information contained therein.

The source material is being preserved in this office and any further information desired will be furnished upon your request.

Sincerely,

To: Chief attorneys, all regional offices and centers (except Manila, Los Angeles, Pittsburgh, Waco, and Buffalo).

Subject: Laws and regulations pertaining to the disposition of dead bodies and operation of cemeteries.

1. On October 20, 1967, the House of Representatives agreed to Resolution 241 (House Resolution 241, 90th Congress), which transferred to the Veterans' Affairs Committee jurisdiction and oversight in matters dealing with cemeteries of the United States in which veterans of any war or conflict are or may be buried, whether in the United States or abroad, except those national cemeteries located in military forts and battlefields administered by the Department of Interior.

2. The Committee has requested, for use in the anticipated hearings, a compilation of the laws, ordinances, and regulations in each state pertaining to the disposition of dead bodies and operation of cemeteries and suggested that the appropriate Chief Attorneys furnish such compilations.

3. It is requested that you furnish this office a résumé of the pertinent laws and regulations applicable in the state in which your office is located. The Committee has specifically asked that such résumé include any limitations on multiple burial in single graves; depth of grave requirements; limitation on cremation and disposal of ashes; limitations on location of cemeteries; whether cemetery property may be held in perpetuity; limitations on inter and intrastate shipment of bodies, and laws or regulations on embalming. If state law permits regulation by local ordinance, your résumé should include differences in local ordinance requirements in major population centers.

4. Your résumé should be accompanied by appropriate citations and, where available, copies of any pertinent regulations, pamphlets, or other publications issued by state or municipal agencies, such as health departments.

5. As the Committee has requested this information by December 1, your reply should be received no later than close of business November 24, in order to give this office an opportunity to consolidate a timely report to the Committee. Your cooperation is appreciated. ROBERT C. FABLE, Jr.,

General Counsel.

STATE-BY-STATE RÉSUMÉ OF LAWS AND REGULATIONS PERTAINING TO THE DISPOSITION OF DECEASED HUMAN BODIES

Cremation-ashes 3

Cemetery location +

Rule against perpetuities 5

State law governs where disposal of
ashes is made at sea (special permit
required); otherwise, regulation is
generally left to localities.