Title II — Memorial Affairs

115th Congress · Approved Dec 31, 2018 · 132 Stat. 5368

TITLE II Memorial Affairs

SEC. 201. 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 land owned by or held in trust for a tribal organization” after “ State”;

(2)

in subsection (b)(1), by inserting “ , a veterans’ cemetery of a tribal organization or on land owned by or held in trust for a tribal organization” after “ owned by a State”;

(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 land owned by or held in trust for a tribal organization for which the Department has provided a grant under subsection (f) of such section.”

; and

(4)

by adding at the end the following new subsection:

“(i) In this section, the term ‘tribal organization’ has the meaning given such term in section 3765 of this title.”

SEC. 202. Department of Veterans Affairs Provision of Headstones and Markers for, and Interment in National Cemeteries of, Spouses and Dependent Children of Members of the Armed Forces Serving on Active Duty.

(a)

Headstones and Markers.— Section 2306(b)(2) of title 38, United States Code, is amended—

(1)

in subparagraph (B), by inserting “ , or the spouse of a member of the Armed Forces serving on active duty under conditions other than dishonorable, as shown by a statement from a general court-martial convening authority, at the time of the spouse’s death if such death occurs before October 1, 2024” after “ veteran”; and

(2)

in subparagraph (C), by inserting “ , or the eligible dependent child of a member of the Armed Forces serving on active duty under conditions other than dishonorable, as shown by a statement from a general court-martial convening authority, at the time of the child’s death if such death occurs before October 1, 2024” after “ veteran”.

(b)

Interment in National Cemeteries.— Section 2402(a)(5) of such title is amended by inserting “ , and the spouse, minor child, and, in the discretion of the Secretary, unmarried adult child of a member of the Armed Forces serving on active duty under conditions other than dishonorable, as shown by a statement from a general court-martial convening authority, at the time of the spouse’s or child’s death if such death occurs before October 1, 2024” after “ paragraph (7)”.

Title II — Memorial Affairs