Under current law, spouses and eligible dependents of active-duty military are not allowed to be buried in a national cemetery if the spouse or dependent dies before the active-duty service-member. H.R. 4335 , the Service-member Family Burial Act would allow the spouses and eligible dependents of active-duty service-members who predecease the service-member to be interred in a national cemetery, if such death occurs before October 1, 2024.
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Nov 9, 2017.
Servicemember Family Burial Act
This bill revises eligibility for Department of Veterans Affairs (VA)-provided memorial headstones and markers that commemorate individuals whose remains are unavailable. The bill makes eligible the spouse or eligible dependent child of a member of the U.S. Armed Forces serving on active duty under other than dishonorable conditions at the time of the spouse's or child's death.
The spouse, minor child, and, in the VA's discretion, unmarried adult child of such a member of the Armed Forces may be buried in any open national cemetery under the control of the National Cemetery Administration.