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Panel hears bill to give ODVA rulemaking authority to manage unclaimed veterans' cremains
Summary
House Bill 2386 would give the Oregon Department of Veterans Affairs explicit authority to adopt rules to implement the unclaimed‑cremains law enacted as HB 2147; ODVA and the bill sponsor said a technical statutory gap prevents the agency from promulgating needed administrative rules to honor and inter remains
Representative Dacia Graber, sponsor, and Dr. Nakia Counsel Daniels testified at a Jan. 28 public hearing about House Bill 2386, legislation to give the Oregon Department of Veterans Affairs explicit authority to adopt rules implementing the unclaimed veteran cremains law enacted earlier as House Bill 2147.
Graber said HB 2147 (the 2023 law commonly called the cremains bill) established a process to allow counties and partners to inter unclaimed remains of eligible veterans and their survivors and that HB 2386 is a technical follow‑up to allow ODVA to finalize administrative rules. Daniels told the committee that while the law is in effect, ODVA discovered during rule drafting — in consultation with the Department of Justice — that the agency lacked specific statutory authority to promulgate rules because the oversight previously belonged to the Organ Mortuary and Cremains Board (OMCB).
Daniels described the work as important and emotional and said volunteers and county partners had found cremains that ultimately included veterans; she thanked volunteer researchers and said the agency wants to ensure those remains are returned to families or interred with honor. She said the rule authority is necessary to complete the administrative process and to continue interment ceremonies and support county partners.
Committee members pressed the agency for counts and costs. Daniels said she did not have an exhaustive inventory but that volunteers and county outreach had identified dozens and potentially hundreds of unclaimed cremains; she told the committee that estimates could range to “perhaps 100, perhaps more, perhaps 1,000” and offered to provide a baseline briefing and status update if the committee desired. Representative Evans, who said he participated in the original World War II Memorial commission, urged working with DOD and federal VA records to confirm criteria; Representative Lewis asked ODVA to report back periodically and to flag any resistance from mortuaries or other custodians.
Daniels said ODVA's communications team is working with members of the original organizing groups to update memorial information and to collect names that may be missing from the World War II Memorial on the Capitol Mall; she asked the public to contact ODVA if they have names to submit.
No committee vote was taken. The committee closed the public hearing on HB 2386 after testimony and questions and requested that ODVA provide a baseline update to the committee on the current status of unclaimed veterans' remains and any barriers to interment work.
