[House Report 115-388]
[From the U.S. Government Publishing Office]
115th Congress } { REPORT
HOUSE OF REPRESENTATIVES
1st Session } { 115-388
======================================================================
TO AMEND TITLE 38, UNITED STATES CODE, TO AUTHORIZE THE SECRETARY OF
VETERANS AFFAIRS TO PROVIDE HEADSTONES AND MARKERS FOR THE GRAVES OF
SPOUSES AND CHILDREN OF VETERANS WHO ARE BURIED IN TRIBAL CEMETERIES
_______
November 6, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Roe of Tennessee, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 3657]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 3657) to amend title 38, United States Code, to
authorize the Secretary of Veterans Affairs to provide
headstones and markers for the graves of spouses and children
of veterans who are buried in tribal cemeteries, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Subcommittee Consideration....................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 6
Constitutional Authority Statement............................... 6
Applicability to Legislative Branch.............................. 6
Statement on Duplication of Federal Programs..................... 6
Disclosure of Directed Rulemaking................................ 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill as Reported............. 6
Amendment
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. ELIGIBILITY OF SPOUSES AND CHILDREN OF VETERANS BURIED IN
TRIBAL CEMETERIES FOR CERTAIN DEPARTMENT OF
VETERANS AFFAIRS BURIAL BENEFITS.
Section 2306 of title 38, United States Code is amended--
(1) in subsection (a)(4), by inserting ``or a veterans'
cemetery owned by a tribal organization or on tribal land owned
by or held in trust by a tribal organization'' after ``State'';
(2) in subsection (b)(1), by inserting ``, a veterans'
cemetery of a tribal organization or on tribal land owned by or
held in trust by a tribal organization'' after ``owned by a
State''; and
(3) in subsection (f)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``The Secretary'' and inserting ``(1)
The Secretary'';
(C) by striking ``a national cemetery or in a
veterans cemetery of a State or tribal organization for
which the Department has provided a grant under section
2408 of this title'' and inserting ``a covered
cemetery''; and
(D) by adding at the end the following:
``(2) The term `covered cemetery' means any of the following:
``(A) A national cemetery.
``(B) A veterans' cemetery of a State for which the
Department has provided a grant under section 2408 of this
title.
``(C) A veterans' cemetery of a tribal organization or on
tribal land owned by or held in trust by a tribal organization
for which the Department has provided a grant under such
section.''.
Amend the title so as to read:
A bill to amend title 38, United States Code, to authorize
the Secretary of Veterans Affairs to provide certain burial
benefits for spouses and children of veterans who are buried in
tribal cemeteries, and for other purposes.
Purpose and Summary
H.R. 3657, as amended, would authorize the Department of
Veterans Affairs (VA) to provide VA headstones and markers to
eligible spouses and dependents who are interred in tribal
veterans cemeteries.
Background and Need for Legislation
Under current law, government furnished headstones are only
available to spouses and dependents buried in national and
state veterans cemeteries, but not tribal cemeteries. This
billwould extend the eligibility for a VA headstone or marker to
eligible spouses and dependents interred or memorialized at tribal
veterans cemeteries.
According to VA and DOD, there are over 150,000 American
Indian and Alaska Native veterans (AIAN) and over 30,000 AIAN
servicemembers in the United States Armed Forces. This bill
would allow eligible AIAN veterans' family members to receive
the same benefits provided to family members interred in
national and state veterans cemeteries.
During the September 13, 2017 Subcommittee on Disability
Assistance and Memorial Affairs legislative hearing,
representatives from The American Legion, the Paralyzed
Veterans of America, the Tragedy Assistance Program for
Survivors, and the Veterans of Foreign Wars of the United
States, testified in favor of H.R. 3657. Additionally, VA
testified in support of H.R. 3657, but also recommended that
the bill be amended to authorize VA to provide headstones or
markers for family members whose remains are unavailable and
who are memorialized in tribal cemeteries.
Hearings
On September 13, 2017, the Committee on Veterans' Affairs,
Subcommittee on Disability Assistance and Memorial Affairs held
a legislative hearing on H.R. 3657.
The following witnesses testified:
The Honorable David Rouzer, U.S. House of
Representatives; the Honorable Steve Stivers, U.S.
House of Representatives; the Honorable Joyce Beatty,
U.S. House of Representatives; the Honorable Matt
Cartwright, U.S. House of Representatives; the
Honorable Jim Banks, U.S. House of Representatives; the
Honorable Chellie Pingree, U.S. House of
Representatives; Mr. Matthew T. Sullivan, Deputy Under
Secretary for Finance and Planning and Chief Financial
Officer, National Cemetery Administration, U.S.
Department of Veterans Affairs, accompanied by Ms.
Roberta Lowe, Director, Office of Internal Controls,
Acting Director, Debt Management Center, Office of
Management, U.S. Department of Veterans Affairs, and
Ms. Cheryl Rawls, Director, Pension & Fiduciary
Service, Veterans Benefits Administration, U.S.
Department of Veterans Affairs; Ms. Elizabeth H. Curda,
Director, Education, Workforce, and Income Security
Team, U.S. Government Accountability Office; Mr. Alex
Zhang, Assistant Director, National Veterans Affairs
and Rehabilitation Division, The American Legion; Mr.
LeRoy Acosta, Assistant National Legislative Director,
Disabled American Veterans; Mr. Blake Ortner, Deputy
Government Relations Director, Paralyzed Veterans of
America; Ms. Kathleen Moakler, Director, Survivor
Advocacy, Tragedy Assistance Program for Survivors;
and, Mr. John Towles, Deputy Director, National
Legislative Service, Veterans of Foreign Wars of the
United States.
Subcommittee Consideration
H.R. 3657 was not considered before the Subcommittee on
Disability Assistance and Memorial Affairs.
Committee Consideration
On October 12, 2017, the Full Committee met in an open
markup session, a quorum being present, and ordered H.R. 3657,
as amended, favorably reported to the House of Representatives
by voice vote. During consideration of the bill, the following
amendment to H.R. 3657 was considered and agreed to by voice
vote:
An amendment in the nature of a substitute offered by Mr.
Poliquin of Maine that would incorporate the original text and
authorize VA to provide headstones or markers for family
members whose remains are unavailable and are memorialized in
tribal cemeteries.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, no recorded votes were taken on
amendments. A motion by Ranking Member Timothy J. Walz of
Minnesota to report H.R. 3657, as amended, favorably to the
House of Representatives was agreed to by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal and objective is to authorize VA to use this authority to
provide a headstone or marker for eligible spouses and
dependents who are interred or memorialized at tribal veterans
cemeteries.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 3657, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
3657, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 3657, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 19, 2017.
Hon. Phil Roe, M.D.,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3657, a bill to
amend title 38, United States Code, to authorize the Secretary
of Veterans Affairs to provide certain burial benefits for
spouses and children of veterans who are buried in tribal
cemeteries, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matt Schmit.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 3657--A bill to amend title 38, United States Code, to authorize
the Secretary of Veterans Affairs to provide certain burial
benefits for spouses and children of veterans who are buried in
tribal cemeteries, and for other purposes
H.R. 3657 would authorize the Department of Veterans
Affairs (VA) to provide a headstone upon request for the graves
of spouses, surviving spouses, and dependent children of
veterans who are interred in a tribal veterans' cemetery.
Currently, that benefit is extended only to those same
beneficiaries who are interred in national cemeteries or state
veterans' cemeteries.
Because burial benefits are paid from mandatory
appropriations, enacting H.R. 3657 would increase direct
spending; therefore, pay-as-you-go procedures apply. However,
CBO estimates that those increases would be insignificant for
each year and would total less than $500,000 over the 2018-2027
period. Based on data from VA, CBO estimates that fewer than 10
additional headstones would be provided by VA each year under
H.R. 3657, at an average cost of about $200 per headstone.
Enacting H.R. 3657 would not affect revenues.
CBO estimates that enacting H.R. 3657 would not
significantly increase net direct spending or on-budget
deficits in any of the four consecutive 10-year periods
beginning in 2028.
H.R. 3657 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Matt Schmit. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 3657, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
3657, as amended.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 3657, as amended, is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that H.R. 3657, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 3657, as amended, establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee estimates that H.R. 3657, as amended, contains no
directed rule making that would require the Secretary to
prescribe regulations.
Section-by-Section Analysis of the Legislation
Sec. 1. Eligibility of spouses and children of veterans buried in
tribal cemeteries for Department of Veterans Affairs headstones
and markers
Section 1 would extend eligibility for a government
furnished headstone or marker for a veteran's surviving spouse
or dependent child who are interred in tribal cemeteries.
Additionally, this section would authorize VA to provide
headstones or markers for family members whose remains are
unavailable, and who are memorialized in tribal cemeteries.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 23--BURIAL BENEFITS
* * * * * * *
Sec. 2306. Headstones, markers, and burial receptacles
(a) The Secretary shall furnish, when requested, appropriate
Government headstones or markers at the expense of the United
States for the unmarked graves of the following:
(1) Any individual buried in a national cemetery or in a post
cemetery.
(2) Any individual eligible for burial in a national cemetery
(but not buried there), except for those persons or classes of
persons enumerated in section 2402(a)(4), (5), and (6) of this
title.
(3) Soldiers of the Union and Confederate Armies of the Civil
War.
(4) Any individual described in section 2402(a)(5) of this
title who is buried in a veterans' cemetery owned by a State or
a veterans' cemetery owned by a tribal organization or on
tribal land owned by or held in trust by a tribal organization.
(5) Any individual who at the time of death was entitled to
retired pay under chapter 1223 of title 10 or would have been
entitled to retired pay under that chapter but for the fact
that the person was under 60 years of age.
(b)(1) The Secretary shall furnish, when requested, an
appropriate memorial headstone or marker for the purpose of
commemorating an eligible individual whose remains are
unavailable. Such a headstone or marker shall be furnished for
placement in a national cemetery area reserved for that purpose
under section 2403 of this title, a veterans' cemetery owned by
a State, a veterans' cemetery of a tribal organization or on
tribal land owned by or held in trust by a tribal organization,
or, in the case of a veteran, in a State, local, or private
cemetery.
(2) For purposes of paragraph (1), an eligible individual is
any of the following:
(A) A veteran.
(B) The spouse or surviving spouse of a veteran.
(C) An eligible dependent child of a veteran.
(3) For purposes of paragraph (1), the remains of an
individual shall be considered to be unavailable if the
individual's remains--
(A) have not been recovered or identified;
(B) were buried at sea, whether by the individual's
own choice or otherwise;
(C) were donated to science; or
(D) were cremated and the ashes scattered without
interment of any portion of the ashes.
(4) For purposes of this subsection:
(A) The term ``veteran'' includes an individual who
dies in the active military, naval, or air service.
(B) The term ``surviving spouse'' includes a
surviving spouse who had a subsequent remarriage.
(5) For purposes of this section, the term ``eligible
dependent child'' means a child--
(A) who is under 21 years of age, or under 23 years
of age if pursuing a course of instruction at an
approved educational institution; or
(B) who is unmarried and became permanently
physically or mentally disabled and incapable of self-
support before reaching 21 years of age, or before
reaching 23 years of age if pursuing a course of
instruction at an approved educational institution.
(c) A headstone or marker furnished under subsection (a),
(b), or (d) of this section may be of any material, including
but not limited to marble, granite, bronze, or slate, requested
by the person entitled to request such headstone or marker if
the material requested is determined by the Secretary (1) to be
cost effective, and (2) in a case in which the headstone or
marker is to be placed in a national cemetery, to be
aesthetically compatible with the area of the cemetery in which
it is to be placed.
(d)(1) The Secretary shall furnish, when requested, an
appropriate Government headstone or marker at the expense of
the United States for the grave of an individual described in
paragraph (2) or (5) of subsection (a) who is buried in a
private cemetery, notwithstanding that the grave is marked by a
headstone or marker furnished at private expense. Such a
headstone or marker may be furnished only if the individual
making the request for the Government headstone or marker
certifies to the Secretary that the headstone or marker will be
placed on the grave for which the headstone or marker is
requested, or, if placement on the grave is impossible or
impracticable, as close as possible to the grave within the
grounds of the cemetery in which the grave is located.
(2) Any headstone or marker furnished under this subsection
shall be delivered by the Secretary directly to the cemetery
where the grave is located or to a receiving agent for delivery
to the cemetery.
(3) The headstone or marker furnished under this subsection
shall be the headstone or marker selected by the individual
making the request from among all the headstones and markers
made available by the Government for selection.
(4)(A) In lieu of furnishing a headstone or marker under this
subsection to a deceased individual described in subparagraph
(B), the Secretary may furnish, upon request, a medallion or
other device of a design determined by the Secretary to signify
the deceased individual's status as a veteran, to be attached
to a headstone or marker furnished at private expense.
(B) A deceased individual described in this subsection is an
individual who--
(i) served in the Armed Forces on or after April 6,
1917; and
(ii) is eligible for a headstone or marker furnished
under paragraph (1) (or would be so eligible but for
the date of the death of the individual).
(5)(A) In carrying out this subsection with respect to a
deceased individual described in subparagraph (C), the
Secretary shall furnish, upon request, a headstone or marker
under paragraph (1) or a medallion under paragraph (4) that
signifies the deceased's status as a medal of honor recipient.
(B) If the Secretary furnished a headstone, marker, or
medallion under paragraph (1) or (4) for a deceased individual
described in subparagraph (C) that does not signify the
deceased's status as a medal of honor recipient, the Secretary
shall, upon request, replace such headstone, marker, or
medallion with a headstone, marker, or medallion, as the case
may be, that so signifies the deceased's status as a medal of
honor recipient.
(C) A deceased individual described in this subparagraph is a
deceased individual who--
(i) served in the Armed Forces on or after April 6,
1917;
(ii) is eligible for a headstone or marker furnished
under paragraph (1) or a medallion furnished under
paragraph (4) (or would be so eligible for such
headstone, marker, or medallion but for the date of the
death of the individual); and
(iii) was awarded the medal of honor under section
3741, 6241, or 8741 of title 10 or section 491 of title
14 (including posthumously).
(D) In this paragraph, the term ``medal of honor recipient''
means an individual who is awarded the medal of honor under
section 3741, 6241, or 8741 of title 10 or section 491 of title
14.
(e)(1) The Secretary of Veterans Affairs shall provide an
outer burial receptacle for each new grave in an open cemetery
under the control of the National Cemetery Administration in
which remains are interred in a casket. The Secretary of the
Army may provide an outer burial receptacle for such a grave in
the Arlington National Cemetery.
(2) The use of outer burial receptacles in a cemetery under
the control of the National Cemetery Administration or in the
Arlington National Cemetery shall be in accordance with
regulations or procedures approved by the Secretary of Veterans
Affairs or Secretary of the Army, respectively.
(3) Regulations or procedures under paragraph (2) may specify
that--
(A) an outer burial receptacle other than a grave
liner be provided in lieu of a grave liner at the
election of the survivors of the interred veteran; and
(B) if an outer burial receptacle other than a grave
liner is provided in lieu of a grave liner upon an
election of such survivors, such survivors be
required--
(i) to pay the amount by which the cost of
the outer burial receptacle exceeds the cost of
the grave liner that would otherwise have been
provided in the absence of the election; and
(ii) to pay the amount of the administrative
costs incurred by the Secretary (or, with
respect to Arlington National Cemetery, the
Secretary of the Army) in providing the outer
burial receptacle in lieu of such grave liner.
(4) Regulations or procedures under paragraph (2) may provide
for the use of a voucher system, or other system of
reimbursement approved by the Secretary (or, with respect to
Arlington National Cemetery, the Secretary of the Army), for
payment for outer burial receptacles other than grave liners
provided under such regulations or procedures.
(f) [The Secretary] (1) The Secretary may furnish a casket
or urn, of such quality as the Secretary considers appropriate
for a dignified burial, for burial of a deceased veteran in [a
national cemetery or in a veterans cemetery of a State or
tribal organization for which the Department has provided a
grant under section 2408 of this title] a covered cemetery in
any case in which the Secretary--
[(1)] (A) is unable to identify the
veteran's next of kin, if any; and
[(2)] (B) determines that sufficient
resources for the furnishing of a casket or urn
for such burial are not otherwise available.
(2) The term ``covered cemetery'' means any of the following:
(A) A national cemetery.
(B) A veterans' cemetery of a State for which the
Department has provided a grant under section 2408 of
this title.
(C) A veterans' cemetery of a tribal organization or
on tribal land owned by or held in trust by a tribal
organization for which the Department has provided a
grant under such section.
(g)(1) When the Secretary has furnished a headstone or marker
under subsection (a) for the unmarked grave of an individual,
the Secretary shall, if feasible, add a memorial inscription to
that headstone or marker rather than furnishing a separate
headstone or marker under that subsection for the surviving
spouse or eligible dependent child of such individual.
(2) When the Secretary has furnished a memorial headstone or
marker under subsection (b) for purposes of commemorating a
veteran or an individual who died in the active military,
naval, or air service, the Secretary shall, if feasible, add a
memorial inscription to that headstone or marker rather than
furnishing a separate memorial headstone or marker under that
subsection for the surviving spouse or eligible dependent child
of such individual.
(h)(1) A headstone or marker may not be furnished under
subsection (a) for the unmarked grave of a person described in
section 2411(b) of this title.
(2) A memorial headstone or marker may not be furnished under
subsection (b) for the purpose of commemorating a person
described in section 2411(b) of this title.
(3) A headstone or marker may not be furnished under
subsection (d) for the grave of a person described in section
2411(b) of this title.
(4) A casket or urn may not be furnished under subsection (f)
for burial of a person described in section 2411(b) of this
title.
* * * * * * *
[all]