79–006 

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 

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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 bill would 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. 

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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. 

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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: 

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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, payas-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. 

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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): 

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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 

* * * * * * * 

§ 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; 

8 

(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— 

9 

(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 NaVerDate Sep 11 2014 06:55 Nov 07, 2017 Jkt 079006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR388.XXX HR388
10 

tional 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) øThe 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 øa 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— 

ø(1)¿ (A) is unable to identify the veteran’s next of kin, 

if any; and 

ø(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. 

* * * * * * * 

Æ