H.R. 2701: Fallen Servicemembers Religious Heritage Restoration Act

HR2701 would require the American Battle Monuments Commission to create a “Fallen Servicemembers Religious Heritage Restoration Program” aimed at identifying Jewish servicemembers buried in overseas U.S. military cemeteries under markers that incorrectly indicate they were not Jewish. The bill’s findings say the problem may affect approximately 900 American-Jewish members of the Armed Forces killed in World War I and World War II.

The bill is structured as a time-limited, contract-driven effort. For the first five fiscal years after enactment, the Commission must seek to enter into a one-year contract each fiscal year with a nonprofit organization. Each contract is set at $500,000, and the Commission is told to prioritize nonprofits that have demonstrated expertise in identifying covered members and contacting survivors and descendants. That means the bill is not just about research in archives; it is also about outreach to living families.

The definition of who counts is narrow and specific. A “covered member” is a deceased member of the Armed Forces who was Jewish, is buried in a United States military cemetery located outside the United States, and is buried under a marker indicating the person was not Jewish. The nonprofit also has to meet the tax-law definition in section 501(c)(3) and be tax-exempt under section 501(a) of the Internal Revenue Code of 1986.

The bill also includes a separate veterans policy change unrelated to cemetery markers: it amends section 5503(d)(7) of title 38, United States Code, by replacing the date “November 30, 2031” with “January 31, 2032.” That is a two-month extension of an existing limit on certain pension payments. So while the headline issue is restoring religious identity for fallen servicemembers, the bill also quietly extends a pension deadline into early 2032.