[Congressional Record Volume 163, Number 180 (Monday, November 6, 2017)]
[House]
[Pages H8507-H8508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1700
PROVIDING FOR A CONSISTENT ELIGIBILITY DATE FOR PROVISION OF DEPARTMENT 
   OF VETERANS AFFAIRS MEMORIAL HEADSTONES AND MARKERS FOR ELIGIBLE 
                     SPOUSES AND DEPENDENT CHILDREN

  Mr. ROE of Tennessee. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3656) to amend title 38, United States Code, to 
provide for a consistent eligibility date for provision of Department 
of Veterans Affairs memorial headstones and markers for eligible 
spouses and dependent children of veterans whose remains are 
unavailable, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3656

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ELIGIBILITY OF VETERANS' SPOUSES AND DEPENDENT 
                   CHILDREN WHOSE REMAINS ARE UNAVAILABLE FOR 
                   DEPARTMENT OF VETERANS AFFAIRS MEMORIAL 
                   HEADSTONES AND MARKERS.

       Section 2306(b)(2) of title 38, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``The'' and inserting 
     ``An individual who dies on or after November 11, 1998, who 
     is the''; and
       (2) in subparagraph (C), by striking ``An'' and inserting 
     ``An individual who dies on or after November 11, 1998, who 
     is an''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Roe) and the gentleman from California (Mr. Takano) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. ROE of Tennessee. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on H.R. 3656, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 3656, as amended.
  Under current law, VA may provide a memorial headstone or marker for 
a veteran's dependent child or surviving spouse if their remains are 
unavailable. But this law also contains an inconsistency. VA can 
provide a memorial headstone or marker for a spouse who dies on or 
after November 11, 1998, but can only provide one for a dependent child 
who dies on or after December 22, 2006.
  The disparity makes it difficult for VA to administer this law. More 
importantly, it has led to some confusion among veterans and their 
families as to whether a particular family member is eligible for this 
benefit or not.
  These families are not just mourning, but they are also coping with 
the heartbreak of not being able to properly lay their loved one to 
rest because the remains have not been recovered. I am concerned that 
it is possible that these families may not request a memorial VA 
headstone or marker because they aren't sure if they qualify. I hope 
that this bill will bring these families some peace by allowing VA to 
provide a permanent memorial marker to ensure their loved one will not 
be forgotten.
  H.R. 3656 would help avoid confusion by making the eligibility dates 
for the memorial markers consistent for surviving spouses and dependent 
children. This may seem like a small change, but I know it will be very 
important to grieving families who want to ensure that their loved ones 
are properly memorialized.
  Mr. Speaker, I urge all of my colleagues to join me in supporting 
H.R. 3656, as amended, and I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 3656, as amended, which 
resolves an inconsistency in the eligibility for nonveteran spouses and 
children receiving memorial headstones. The legislation ensures a 
consistent applicability date for memorial headstones and markers for 
eligible nonveteran individuals whose remains are not available.
  Under current law, a surviving spouse who dies on or after November 
11, 1998, is eligible for a headstone or marker. But for dependent 
children who pass away, the date of eligibility for a headstone or 
marker does not occur until December 22, 2006.
  This arbitrary difference causes situations in which VA can provide a 
marker for the parent, but not the dependent child. Clearly, this 
change would make it easier for surviving family members to make 
funeral and burial plans.
  H.R. 3656, as amended, is supported by the major veteran service 
organizations and enjoys bipartisan support in the House Veterans' 
Affairs Committee.
  Mr. Speaker, I support H.R. 3656, as amended, and I urge my 
colleagues in the House to do the same. I reserve the balance of my 
time.
  Mr. ROE of Tennessee. Mr. Speaker, I yield 3 minutes to the gentleman 
from Indiana (Mr. Banks), an active member of the Committee on 
Veterans' Affairs and a Navy veteran.
  Mr. BANKS of Indiana. Mr. Speaker, I thank Mr. Roe for his hard work 
on behalf of our veterans as chairman of the House Veterans' Affairs 
Committee. I am very proud to serve on that committee under his 
leadership.
  Mr. Speaker, because our veterans answered the call and served our 
country, we, in turn, must serve them and their families.
  This commitment extends to assisting them in medical recovery, in 
successfully transitioning to the civilian workforce, and, just as 
importantly, in properly memorializing their lives when they are gone.
  Current law provides memorial headstones for veterans and for their 
spouses and children when the remains of the deceased cannot be found. 
This can occur in unfortunate cases, such as a boating or a plane 
accident.
  Public Law 105-368 provides headstones for spouses, and it was 
enacted in 1998. Public Law 109-461 provides headstones for dependent 
children, and it was enacted in 2006. Both groups are eligible for this 
benefit as of the date of enactment. However, as has already been said, 
it is unfortunate that these two laws did not go into effect at the 
same time, potentially opening the door for a parent to receive this 
benefit, but not a child.
  Mr. Speaker, my bill, H.R. 3656, would amend title 38 of the United 
States Code to provide for a consistent eligibility date for spouses 
and dependent children. The date for both would be set at the current 
date for spouses: November 11, 1998.
  This bill is especially necessary for the few tragic cases in which a 
spouse and a dependent child both passed away in the same accident 
during a period when these two laws were not in sync. We need to 
correct this situation.
  My legislation is a practical fix to take care of our veterans and 
their families, and to keep our commitment to them. Therefore, I ask my 
colleagues to support the passage of H.R. 3656.
  Mr. TAKANO. Mr. Speaker, I have no further speakers. Again, I 
strongly support H.R. 3656, as amended, and I urge my colleagues to do 
the same.
  I yield back the balance of my time.
  Mr. ROE of Tennessee. Mr. Speaker, once again, I encourage all 
Members to support this commonsense piece of legislation, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Roe) that the House suspend the rules and 
pass the bill, H.R. 3656, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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