[House Report 119-274]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-274
=======================================================================
HONORING OUR HEROES ACT OF 2025
----------------
September 15, 2025.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
----------------
Mr. Bost, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 2721]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 2721) to direct the Secretary of Veterans
Affairs to establish and carry out a pilot program to furnish a
headstone or burial marker to veterans who died on or before
November 1, 1990, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends 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....................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
Earmarks and Tax and Tariff Benefits............................. 5
Committee Cost Estimate.......................................... 5
Budget Authority and Congressional Budget Office Estimate........ 6
Federal Mandates Statement....................................... 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Statement on Duplication of Federal Programs..................... 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honoring Our Heroes Act of 2025''.
SEC. 2. TEMPORARY AUTHORITY TO FURNISH HEADSTONES AND BURIAL MARKERS TO
CERTAIN VETERANS.
(a) Authority.--During the period of seven years following the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
furnish, pursuant to section 2306 of title 38, United States Code, and
without regards to section 8041(b) of the Omnibus Budget Reconciliation
Act of 1990 (Public Law 101-508), an appropriate headstone, burial
marker, or medallion for a veteran--
(1) eligible for burial in a national cemetery;
(2) who died on or after December 7, 1941; and
(3) for whose grave the Secretary has not already provided a
headstone, burial marker, or medallion.
(b) Website.--During such period, the Secretary shall ensure that the
website of the National Cemetery Administration indicates the effect of
this Act on eligibility for a headstone, burial marker, or medallion
under such section.
SEC. 3. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is amended by
striking ``November 30, 2031'' and inserting ``February 29, 2032''.
Purpose and Summary
H.R. 2721, the ``Honoring Our Heroes Act of 2025,'' was
introduced by Representative Tim Kennedy of New York on April
8, 2025. This bill, as amended, would establish a seven-year
program that would allow for a family member, personal
representative, congressionally chartered veteran service
organization (VSO), state or local government employee whose
official responsibilities include serving veterans, or any
state or local official responsible for the disposition of
unclaimed remains to apply for a Department of Veterans Affairs
(VA) furnished headstone or burial marker to commemorate a
veteran who died on or after December 7, 1941. H.R. 2721, as
amended, also would require the National Cemetery
Administration (NCA) to update its website regarding the
eligibility requirements for headstones or burial markers.
Background and Need for Legislation
Section 1: Short title
This Act may be cited as the ``Honoring Our Heroes Act of
2025.''
Section 2: Temporary Authority to Furnish Headstones and Burial Markers
to Certain Veterans
Under current law, VA may only furnish a headstone or
marker for the graves of eligible veterans who died on or after
November 1, 1990.\1\ This delineating date prevents the
survivors of veterans who died before November 1, 1990, from
being able to request to have a deceased veteran's grave
furnished with a VA headstone or marker. The Committee believes
that this disparity in the ability to honor our veterans needs
to be rectified to provide the survivors of eligible veterans
with the ability to properly honor their service. This section
would correct this disparity by moving the delineating date to
allow this honor for veterans who died after December 7, 1941.
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\1\38 U.S.C. Sec. 2306 (2024) (as amended in 1990 by Pub. L. No.
101-508 Sec. 8041(b)).
---------------------------------------------------------------------------
In a House Committee on Veterans' Affairs, Subcommittee on
Disability Assistance and Memorial Affairs hearing on June 24,
2025, this change was supported by the Veterans of Foreign Wars
of the United States, the Paralyzed Veterans of America and
Disabled American Veterans.\2\ In a statement submitted for the
record, the Gold Star Spouses of America expressed their
support with the following comment:
---------------------------------------------------------------------------
\2\Statement for the Record of the Veterans of Foreign Wars of the
United States, (June 24, 2025), HHRG-119-VR09-20250624-SD004.pdf
(house.gov); Statement for the Record of Paralyzed Veterans of America,
(June 24, 2025), HHRG-119-VR09-20250624-SD011.pdf (house.gov);
Statement for the Record of Disabled American Veterans, (June 24,
2025), HHRG-119-VR09-20250624-SD007.pdf (house.gov).
---------------------------------------------------------------------------
``The Honoring Our Heroes Act offers long-overdue
recognition by allowing surviving families to request
official markers through the VA, ensuring that these
heroes are not forgotten. The bill also updates public
eligibility information, making it easier for families
to learn about and access this benefit. These changes
are more than administrative; they are acts of
remembrance. They restore honor where it has long been
denied. We strongly support this pilot program and its
potential to bring healing to families across the
country.''\3\
---------------------------------------------------------------------------
\3\Statement for the Record of Gold Star Spouses of America, Inc.
(June 24, 2025), HHRG-119-VR09-20250624-SD002.pdf (house.gov).
---------------------------------------------------------------------------
The Committee believes that we should honor our heroes who
served by expanding the availability of a VA headstone or
marker for eligible veterans who died after December 7, 1941.
This expansion in eligibility would cover nearly half a century
of veterans. Individuals who served in World War I, World War
II, the Korean War, and the Vietnam War and died before
November 1, 1990, would now be eligible to receive a headstone
or marker that honors their service. The Committee believes
that this expansion would provide survivors of eligible
veterans with the ability to properly honor the service of
their loved one.
Section 3: Extension of Certain Limits on Payments of Penson
Under current law (38 U.S.C. Sec. 5503(d)), the amount of
VA pension paid to a veteran with no spouse or child, a
veterans' surviving spouse with no child, or a veteran's child
who are admitted to a VA or Medicaid sponsored nursing facility
is capped at $90 a month. This section would cover the costs of
the other sections of this bill by extending this pension
limitation by two months to February 29, 2032. Because they
receive government sponsored care in a nursing home, these
pension beneficiaries do not require the full amount of pension
to cover their cost of living. The Committee believes this
short-term extension of the current limit on pension payments
is a reasonable way to cover the costs associated with the
other sections of this bill.
Hearings
On June 24, 2025, the Committee on Veterans' Affairs
Subcommittee on Disability Assistance and Memorial Affairs held
a legislative hearing on H.R. 2721 and other bills that were
pending before the subcommittee.
The following witnesses testified:
The Honorable Mike Bost, U.S. House of
Representatives; The Honorable Elise Stefanik, U.S.
House of Representatives; The Honorable Julia Brownley,
U.S. House of Representatives; The Honorable Chuck
Edwards, U.S. House of Representatives; The Honorable
Tom Barrett, U.S. House of Representatives; The
Honorable Tim Kennedy, U.S. House of Representatives;
The Honorable Jahana Hayes, U.S. House of
Representatives; Mrs. Julie Guleff, Caregiver and
Surviving Spouse of Stephen Guleff, Vietnam Veteran;
Mr. Michael J. Wishnie, William O. Douglas Clinical
Professor of Law and Director, Veterans Legal Services
Clinic, Yale Law School; Ms. Candace Wheeler, Senior
Director, Government and Legislative Affairs, Tragedy
Assistance Program for Survivors; Mr. Evan Deichert,
Acting Deputy Vice Chairman, Board of Veterans'
Appeals, U.S. Department of Veterans Affairs; Mr. Kevin
Friel, Executive Director, Pension & Fiduciary Service,
Veterans Benefits Administration, U.S. Department of
Veterans Affairs; Mr. James W. Smith II, Deputy
Executive Director, Policy and Procedures, Compensation
Service, Veterans Benefits Administration, U.S.
Department of Veterans Affairs; Dr. Colleen Richardson,
Executive Director, Caregiver Support Program, Veterans
Health Administration, U.S. Department of Veterans
Affairs; and Colonel (Ret.) Tiffany M. Wagner, USAF,
Clerk of the Court, U.S. Court of Appeals for Veterans
Claims.
The following individuals and organizations submitted
statements for the record:
The Honorable Debbie Wasserman-Schultz of Florida;
Gold Star Spouses of America; Veterans of Foreign Wars;
Vietnam Veterans of America; National Organization of
Veterans' Advocates; Disabled American Veterans;
Quality of Life Foundation; Jewish Federations of North
America; Paralyzed Veterans of America; Administrative
Conference of the United States; Afikim Foundation;
American Legion; Shiron Collective; American Federation
of Government Employees; Republican Jewish Coalition;
Adam Zimmerman, University of Southern California
Robert Kinglsey Professor of Law, in their personal
capacity; Jonah Platt in their personal capacity;
Shabbos Kestenbaum in their personal capacity; John
Ondrasik in their personal capacity; Lizzy Savetsky in
their personal capacity; Aviva Klompas in their
personal capacity; Lee Trink in their personal
capacity; Bethany Mandel in their personal capacity;
Iddo Goldberg in their personal capacity; Liora Rezin
their personal capacity; Jason Greenblatt in their
personal capacity; Sarah Stern in their personal
capacity; and Nicole Neily in their personal capacity.
Subcommittee Consideration
On July 23, 2025, the Subcommittee on Disability Assistance
and Memorial Affairs was discharged from further consideration
of H.R. 2721, as amended.
Committee Consideration
On July 23, 2025, the Full Committee met in open markup
session with a quorum being present, to consider H.R. 2721, as
amended.
An amendment in the nature of a substitute to H.R.
2721 was offered by Representative Kennedy that would,
for seven years after the date of enactment, authorize
the VA to furnish a headstone, burial marker, or
medallion to honor a veteran who is otherwise eligible
for burial in a national cemetery, died before December
7, 1941, and whose grave has not already been furnished
with such benefit. It would also require the Secretary
to ensure the website of the NCA would reflect this new
eligibility and add a new section to fully offset the
cost of the legislation. This amendment in the nature
of a substitute was agreed to by voice vote.
A motion by Ranking Member Takano to report H.R. 2721, as
amended, favorably to the House of Representatives, was agreed
to by voice vote.
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 or in connection with ordering H.R. 2721, as
amended, reported to the House.
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
goals and objectives of H.R. 2721, as amended, are to ensure
that an authorized individual can properly honor the graves of
eligible fallen servicemembers with a VA furnished headstone or
burial marker.
Earmarks and Tax and Tariff Benefits
H.R. 2721, 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 Congressional Budget
Office cost estimate on this measure.
Budget Authority and Congressional Budget Office Cost Estimate
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 2721 would require the Department of Veterans Affairs
(VA) to provide headstones or burial markers for veterans who
died after December 7, 1941, and were buried in a private
cemetery with a privately provided headstone or marker. The
bill also would extend the reduction of VA pension payments for
veterans and survivors who reside in Medicaid nursing homes. In
total, enacting H.R. 2721 would reduce net direct spending by
$1 million over the 2025-2035 period. The costs of the
legislation fall within budget functions 550 (health) and 700
(veterans benefits and services).
Headstones and Markers. Section 2 would make veterans who
died and were buried in a private cemetery after December 7,
1941, eligible to receive a headstone from VA regardless of
whether a privately provided headstone or burial marker was
placed at the grave site. Under current law, only veterans who
died and were buried in private cemeteries after November 1,
1990, are eligible for VA-provided headstones. That change
would expire seven years after the bill's enactment. Using
information on the number of headstones and burial markers VA
has provided for currently eligible burials, CBO estimates that
the department would provide an additional 42,000 headstones or
burial markers at an average cost of $280 per item. Costs for
headstones and burial markers are paid from mandatory
appropriations. CBO estimates section 2 would increase direct
spending by $11 million over the 2025-2035 period.
Pensions and Medicaid. Under current law, VA reduces
pension payments to veterans and survivors who reside in
Medicaid nursing homes to $90 per month. That required
reduction expires November 30, 2031. Section 3 would extend
that reduction for three months, through February 29, 2032. CBO
estimates that extending that requirement would reduce VA
benefits by $10 million per month. As a result of that
reduction in beneficiaries' income, Medicaid would pay more of
the cost of their care, increasing spending for that program by
$6 million per month. Thus, enacting section 3 would reduce net
direct spending by $12 million over the 2025-2035 period.
TABLE 1.--ESTIMATED DIRECT SPENDING UNDER H.R. 2721
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By fiscal year, millions of dollars--
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2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2025-2030 2025-2035
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Headstones and Markers
Estimated Budget Authority.................... 0 2 3 3 1 1 1 0 0 0 0 10 11
Estimated Outlays.............................. 0 2 3 3 1 1 1 0 0 0 0 10 11
Pensions and Medicaid
Estimated Budget Authority.................... 0 0 0 0 0 0 0 -12 0 0 0 0 -12
Estimated Outlays.............................. 0 0 0 0 0 0 0 -12 0 0 0 0 -12
Total Changes
Estimated Budget Authority.................... 0 2 3 3 1 1 1 -12 0 0 0 10 -1
Estimated Outlays.............................. 0 2 3 3 1 1 1 -12 0 0 0 10 -1
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The CBO staff contact for this estimate is Logan Smith. The
estimate was reviewed by Christina Hawley Anthony, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Federal Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4 is inapplicable to H.R. 2721.
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.
2721, as amended.
Applicability to Legislative Branch
The Committee finds that H.R. 2721, 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. 2721, as amended, would establish or reauthorize 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 Pub. L. 111-139, or a program related
to a program identified in the most recent Catalog of Federal
Domestic Assistance.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section would establish the short title of the bill as
the ``Honoring Our Heroes Act of 2025.''
Section 2: Temporary authority to furnish headstones and burial markers
to certain veterans
This section would direct the VA to furnish, pursuant to 38
U.S.C. Sec. 2306, and without regards to section 8041(b) of the
Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508),
an appropriate headstone, burial marker, or medallion for a
veteran that is: eligible for burial in a national cemetery,
who died on or after December 7, 1941, and for whose grave the
Secretary has not already provided a headstone, burial marker,
or medallion. This authority would be extended for seven years
after the date of enactment of this act.
This section would also direct the VA to update the website
of the NCA with these new eligibility requirements for the
headstone, burial marker, or medallion benefit.
Section 3: Extension of certain limits on payments of pension
This section would extend the limitation of pension payable
to certain veterans, their surviving spouses, and their
children as established in 38 U.S.C. Sec. 5503(d)(7), from
November 30, 2031, to February 29, 2032.
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 italics, 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 italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
* * * * * * *
CHAPTER 55--MINORS, INCOMPETENTS, AND OTHER WARDS
* * * * * * *
Sec. 5503. Hospitalized veterans and estates of incompetent
institutionalized veterans
(a)(1)(A) Where any veteran having neither spouse nor child
is being furnished domiciliary care by the Department, no
pension in excess of $90 per month shall be paid to or for the
veteran for any period after the end of the third full calendar
month following the month of admission for such care.
(B) Except as provided in subparagraph (D) of this paragraph,
where any veteran having neither spouse nor child is being
furnished nursing home care by the Department, no pension in
excess of $90 per month shall be paid to or for the veteran for
any period after the end of the third full calendar month
following the month of admission for such care. Any amount in
excess of $90 per month to which the veteran would be entitled
but for the application of the preceding sentence shall be
deposited in a revolving fund at the Department medical
facility which furnished the veteran nursing care, and such
amount shall be available for obligation without fiscal year
limitation to help defray operating expenses of that facility.
(C) No pension in excess of $90 per month shall be paid to or
for a veteran having neither spouse nor child for any period
after the month in which such veteran is readmitted for care
described in subparagraph (A) or (B) of this paragraph and
furnished by the Department if such veteran is readmitted
within six months of a period of care in connection with which
pension was reduced pursuant to subparagraph (A) or (B) of this
paragraph.
(D) In the case of a veteran being furnished nursing home
care by the Department and with respect to whom subparagraph
(B) of this paragraph requires a reduction in pension, such
reduction shall not be made for a period of up to three
additional calendar months after the last day of the third
month referred to in such subparagraph if the Secretary
determines that the primary purpose for the furnishing of such
care during such additional period is for the Department to
provide such veteran with a prescribed program of
rehabilitation services, under chapter 17 of this title,
designed to restore such veteran's ability to function within
such veteran's family and community. If the Secretary
determines that it is necessary, after such period, for the
veteran to continue such program of rehabilitation services in
order to achieve the purposes of such program and that the
primary purpose of furnishing nursing home care to the veteran
continues to be the provision of such program to the veteran,
the reduction in pension required by subparagraph (B) of this
paragraph shall not be made for the number of calendar months
that the Secretary determines is necessary for the veteran to
achieve the purposes of such program.
(2) The provisions of paragraph (1) shall also apply to a
veteran being furnished such care who has a spouse but whose
pension is payable under section 1521(b) of this title. In such
a case, the Secretary may apportion and pay to the spouse, upon
an affirmative showing of hardship, all or any part of the
amounts in excess of the amount payable to the veteran while
being furnished such care which would be payable to the veteran
if pension were payable under section 1521(c) of this title.
(b) Notwithstanding any other provision of this section or
any other provision of law, no reduction shall be made in the
pension of any veteran for any part of the period during which
the veteran is furnished hospital treatment, or institutional
or domiciliary care, for Hansen's disease, by the United States
or any political subdivision thereof.
(c) Where any veteran in receipt of an aid and attendance
allowance described in subsection (r) or (t) of section 1114 of
this title is hospitalized at Government expense, such
allowance shall be discontinued from the first day of the
second calendar month which begins after the date of the
veteran's admission for such hospitalization for so long as
such hospitalization continues. Any discontinuance required by
administrative regulation, during hospitalization of a veteran
by the Department, of increased pension based on need of
regular aid and attendance or additional compensation based on
need of regular aid and attendance as described in subsection
(l) or (m) of section 1114 of this title, shall not be
effective earlier than the first day of the second calendar
month which begins after the date of the veteran's admission
for hospitalization. In case a veteran affected by this
subsection leaves a hospital against medical advice and is
thereafter admitted to hospitalization within six months from
the date of such departure, such allowance, increased pension,
or additional compensation, as the case may be, shall be
discontinued from the date of such readmission for so long as
such hospitalization continues.
(d)(1) For the purposes of this subsection--
(A) the term ``Medicaid plan'' means a State plan for
medical assistance referred to in section 1902(a) of
the Social Security Act (42 U.S.C. 1396a(a)); and
(B) the term ``nursing facility'' means a nursing
facility described in section 1919 of such Act (42
U.S.C. 1396r), other than a facility that is a State
home with respect to which the Secretary makes per diem
payments for nursing home care pursuant to section
1741(a) of this title.
(2) If a veteran having neither spouse nor child is covered
by a Medicaid plan for services furnished such veteran by a
nursing facility, no pension in excess of $90 per month shall
be paid to or for the veteran for any period after the month of
admission to such nursing facility.
(3) Notwithstanding any provision of title XIX of the Social
Security Act, the amount of the payment paid a nursing facility
pursuant to a Medicaid plan for services furnished a veteran
may not be reduced by any amount of pension permitted to be
paid such veteran under paragraph (2) of this subsection.
(4) A veteran is not liable to the United States for any
payment of pension in excess of the amount permitted under this
subsection that is paid to or for the veteran by reason of the
inability or failure of the Secretary to reduce the veteran's
pension under this subsection unless such inability or failure
is the result of a willful concealment by the veteran of
information necessary to make a reduction in pension under this
subsection.
(5)(A) The provisions of this subsection shall apply with
respect to a surviving spouse having no child in the same
manner as they apply to a veteran having neither spouse nor
child.
(B) The provisions of this subsection shall apply with
respect to a child entitled to pension under section 1542 of
this title in the same manner as they apply to a veteran having
neither spouse nor child.
(6) The costs of administering this subsection shall be paid
for from amounts available to the Department of Veterans
Affairs for the payment of compensation and pension.
(7) This subsection expires on [November 30, 2031] February
29, 2032.
* * * * * * *
[all]