I 119THCONGRESS 1 STSESSION H. R. 2436 To amend the Internal Revenue Code of 1986 to treat distributions from health savings accounts for funeral expenses of the account beneficiary as qualified distributions. IN THE HOUSE OF REPRESENTATIVES MARCH27, 2025 Mr. H ERNof Oklahoma introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to treat dis- tributions from health savings accounts for funeral ex- penses of the account beneficiary as qualified distribu- tions. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. DISTRIBUTIONS FROM HEALTH SAVINGS AC-3 COUNTS FOR FUNERAL EXPENSES OF THE 4 ACCOUNT BENEFICIARY TREATED AS QUALI-5 FIED DISTRIBUTIONS. 6 (a) I NGENERAL.—Section 223(d)(2)(A) of the Inter-7 nal Revenue Code of 1986 is amended by striking ‘‘men-8 VerDate Sep 11 2014 00:58 Apr 03, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2436.IH H2436 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 2436 IH strual care products’’ and inserting ‘‘menstrual care prod-1 ucts, or funeral expenses of the account beneficiary,’’. 2 (b) F UNERALEXPENSES.—Section 223(d)(2) of such 3 Code is amended by adding at the end the following new 4 subparagraph: 5 ‘‘(E) F UNERAL EXPENSES.— 6 ‘‘(i) I N GENERAL.—For purposes of 7 this paragraph, the term ‘funeral expenses’ 8 means the amounts paid incident to the 9 care and disposition of the remains of an 10 account beneficiary following the death of 11 such beneficiary, including the amounts 12 paid for burial, cremation, embalming, in-13 terment, or inurnment of the remains, 14 preparation of the remains for such burial, 15 cremation, embalming, interment, or 16 inurnment, furnishing of clothing for the 17 remains, furnishing of a casket or urn, a 18 hearse service, a funeral director’s services, 19 a funeral venue fee, transportation of the 20 remains to the place designated for the dis-21 position of the remains, grave digging, fur-22 nishing of a grave liner, and furnishing of 23 a grave plot. 24 VerDate Sep 11 2014 00:58 Apr 03, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2436.IH H2436 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 2436 IH ‘‘(ii) LIMITATION.—The aggregate 1 amount treated as funeral expenses under 2 this section with respect to any account 3 beneficiary shall not exceed $5,000.’’. 4 (c) C OORDINATIONWITHRULES FORTREATMENT 5 OFACCOUNTINCIDENT TODEATH OFBENEFICIARY.— 6 Section 223(f)(8)(B)(ii) of such Code is amended by add-7 ing at the end the following new subclause: 8 ‘‘(III) P ERIOD FOR TREATMENT 9 OF FUNERAL EXPENSES AS INCURRED 10 BEFORE DEATH.—For the 90-day pe-11 riod beginning on the date of the 12 death of an account beneficiary, the 13 funeral expenses (as that term is de-14 fined in subsection (d)(2)(E)) of such 15 beneficiary shall be treated as if in-16 curred immediately before the death 17 of such beneficiary.’’. 18 (d) E FFECTIVEDATE.—The amendments made by 19 this section shall apply to amounts paid after the date of 20 the enactment of this Act, in taxable years ending after 21 such date. 22 Æ VerDate Sep 11 2014 00:58 Apr 03, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2436.IH H2436 kjohnson on DSK7ZCZBW3PROD with $$_JOB