H.R. 4398: Veteran Burial Timeliness and Death Certificate Accountability Act

Introduced Jul 15, 2025150 cosponsors

Sponsor

Tom Emmer

Tom Emmer

Republican · MN-6

Nothing moves until someone signs the death certificate

4 min readLast updated September 1, 2026

Why it matters

The bill's findings say VA physicians have taken as long as eight weeks to sign a veteran's death certificate — fifty-six days in which a family cannot hold a burial or open a survivor benefits claim. H.R. 4398 would give the VA clinician 48 hours from learning of the death, and would let a county coroner or medical examiner sign if that deadline passes.

H.R. 4398 runs three sections. It creates no program and spends no money — it sets a clock and names a backup.

The clock lands on one person: the VA-employed physician or nurse practitioner who was the veteran's primary care provider. If that veteran dies of natural causes, the clinician would have 48 hours from learning of the death to certify it. A wait the bill's findings put at as long as eight weeks would become two days.

The backup is local. If the VA clinician cannot comply, a coroner or medical examiner in the jurisdiction where the veteran died may certify the death instead. That one sentence is what unsticks the family: the certificate stops hanging on a signature nobody can chase.

Then comes the accounting. One year after enactment and every year after that, the VA would have to tell the House and Senate Veterans' Affairs Committees what percentage of these deaths were certified on time, how many were not, and the most common reasons why.

What the bill leaves out is worth reading too. There is no penalty for blowing the deadline, no definition of what counts as being unable to comply, and no money attached. The backup signer and the annual report are the whole enforcement mechanism.

Bill Progress

IntroducedJul 15
Committee 
Pass House 
Pass Senate 
Signed 
Law 

Latest Action · Jun 30, 2026

1/4

Subcommittee Hearings Held

H.R. 4398 Bill Summary

What H.R. 4398 actually does.

1

Two days to certify, instead of no deadline at all

A VA-employed physician or nurse practitioner who was the veteran's primary care provider would have to certify a natural-cause death within 48 hours of learning about it.

2

A county coroner can sign when the VA does not

If the VA clinician cannot comply, a coroner or medical examiner in the jurisdiction where the death occurred may certify the death instead.

3

The rule covers natural-cause deaths only

The 48-hour requirement applies to veterans who die of natural causes. Deaths handled under existing coroner or medical examiner jurisdiction are unaffected by this deadline.

4

Congress gets an annual count of the misses

Starting one year after enactment, the VA would report each year to the House and Senate Veterans' Affairs Committees on the percentage of cases certified on time, the number that were not, and the most common reasons.

5

No penalty and no appropriation

The bill text sets no fine, discipline, or funding. Compliance rests on the backup signer provision and the yearly report.

Who benefits from H.R. 4398?

Families arranging a veteran's burial

A funeral home cannot file the paperwork and a cemetery cannot proceed without a certified death certificate. The 48-hour deadline and the coroner backup are aimed at families who, the bill's findings say, have waited weeks for one.

Surviving spouses and dependents filing claims

Survivor benefits, the VA burial allowance, life insurance, and Social Security claims all start with a certified death certificate. Getting it in two days rather than weeks moves the start date of every one of those filings.

State and county vital records offices

The findings say states and counties are the ones reporting these delays. A defined deadline and a named local fallback give registrars a path when a VA signature does not arrive.

Who is affected by H.R. 4398?

VA physicians and nurse practitioners

Anyone serving as a veteran's primary care provider would carry a 48-hour certification deadline that starts when they learn of the death.

Coroners and medical examiners

Local officials would gain authority to certify deaths of patients they did not treat whenever the VA clinician cannot comply, which could add cases to county offices.

VA administrators

The department would have to track certification timing case by case, count the misses, identify recurring causes, and report all of it to Congress every year.

Funeral directors

They file the certificate with the state and are usually the ones chasing an unsigned one. The backup signer gives them a second place to go.

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Tracking floor activity — no debate on H.R. 4398 yet. Updates when a legislator speaks on the record.

HR4398 Legislative Journey

3 actions

House: Committee Action

Jun 30, 2026

Subcommittee Hearings Held

House: Committee Action

Dec 3, 2025

Referred to the Subcommittee on Health.

House: Committee Action

Jul 15, 2025

Referred to the House Committee on Veterans' Affairs.

About the Sponsor

Tom Emmer

Tom Emmer

Republican, Minnesota's 6th congressional district · 11 years in Congress

Committees: Financial Services

View full profile →

Cosponsors (150)

This bill gained 15 cosponsors in the last 30 days

This bill has 150 cosponsors: 50 Democrats, 100 Republicans, reflecting bipartisan support. Cosponsors represent 41 states: Alaska, Alabama, Arkansas, and 38 more.

50Democrats100Republicans·41 statesBipartisan

Cosponsor Coverage Map

Committee Sponsors

Veterans' Affairs Committee

11D14R
|9 signed16 not yet

9 of 25 committee members cosponsored

5 Republicans across this committee haven't cosponsored yet. Mobilize their constituents

H.R. 4398 Quick Facts

Cosponsors
150+15
Guy Reschenthaler
Andrew Garbarino
Scott DesJarlais
Robert Latta
Nicole Malliotakis
+145 more
Committee
Veterans' Affairs
Chamber
House
Policy
Armed Forces and National Security
Introduced
Jul 15, 2025

Subcommittee Hearings Held

Jun 30, 2026

Constituent Resources

Get notified when this bill moves

Official Sources

H.R. 4398 on Congress.gov

Official bill page with the full text, cosponsor list, and legislative history.

H.R. 4398 Bill Text on GovInfo

The as-introduced text from the Government Publishing Office, including the findings on eight-week certification delays.

House Veterans' Affairs Health Subcommittee Legislative Hearing (June 30, 2026)

The subcommittee hearing that took up H.R. 4398 alongside fourteen other bills — the furthest the bill has moved.

CBO Cost Estimate — S. 2309, the Senate companion bill

No CBO score exists for H.R. 4398 itself, but the Senate companion carries the same title and text.

VA Veterans Burial Allowance and Transportation Benefits

VA lists the death certificate as a required document, which is why a delayed signature stalls the burial allowance claim.

VA Dependency and Indemnity Compensation (DIC)

The survivor benefit the bill's findings say families cannot reach while a death certificate goes unsigned.

How to Report the Death of a Veteran to VA

The VA process a family follows after a death, which is where the certification delay this bill targets is felt.

Federal Medicolegal Death Investigation Interagency Working Group

Background on the coroner and medical examiner system the bill names as the backup signer when a VA clinician cannot certify.

H.R. 4398 Common Questions

What would H.R. 4398 change for VA death certificates?

It would require the VA physician or nurse practitioner who was a veteran's primary care provider to certify a natural-cause death within 48 hours of learning about it. Today no federal deadline applies.

Why do veterans' death certificates get delayed?

The bill's findings say states and counties reported significant delays caused by VA physicians refusing or postponing the signature, in some cases lasting as long as eight weeks. The findings tie those delays to held-up burials and survivor benefits.

Can a coroner sign if the VA misses the deadline?

Yes. If the VA clinician cannot comply, H.R. 4398 lets a coroner or medical examiner in the jurisdiction where the veteran died certify the death instead.

Does H.R. 4398 apply to every veteran death?

No. The deadline covers veterans who die of natural causes and whose primary care provider was employed by the VA.

What happens to the VA if it misses the 48 hours?

Nothing in the bill text. There is no fine or disciplinary provision. Instead the certification passes to a local coroner or medical examiner, and the missed case gets counted in the VA's annual report to Congress.

Would this speed up survivor benefits?

Only the starting point. A certified death certificate is what a survivor needs to file for VA benefits, the burial allowance, and Social Security. H.R. 4398 would shorten the wait for that document but does not change how long any agency takes to process the claim itself.

Would the VA have to report its compliance to Congress?

Yes. One year after enactment and every year after, the VA would report to the House and Senate Veterans' Affairs Committees on the percentage of cases certified on time, the number missed, and the most common reasons.

Has H.R. 4398 passed?

No. Rep. Tom Emmer introduced it in July 2025 and it was referred to the House Veterans' Affairs Committee, then to its Health Subcommittee, which held a hearing on June 30, 2026. It has 146 cosponsors and has not received a committee vote.

Based on H.R. 4398 bill text

H.R. 4398 Bill Text

PDF

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.

Source: U.S. Government Publishing Office

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