[Congressional Record Volume 140, Number 42 (Monday, April 18, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: April 18, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
PROVIDING FOR CONCURRENCE BY THE HOUSE WITH AMENDMENTS TO SENATE
AMENDMENT TO H.R. 821, EXTENDING ELIGIBILITY FOR BURIAL IN NATIONAL
CEMETERIES
Mr. MONTGOMERY. Mr. Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 406) providing for the concurrence by the House
with amendments in amendment of the Senate to H.R. 821.
The Clerk read as follows:
H. Res. 406
Resolved, That upon the adoption of this resolution the
bill (H.R. 821), to amend title 38, United States Code, to
extend eligibility for burial in national cemeteries to
persons who have 20 years of service creditable for retired
pay as members of a reserve component of the Armed Forces,
with the Senate amendment thereto, shall be considered to
have been taken from the Speaker's table to the end that the
Senate amendment thereto be, and the same is hereby, agreed
to with amendments as follows:
In lieu of the matter proposed to be inserted by the
amendment of the amendment of the Senate to the text of the
bill, insert the following:
SECTION. 1 ELIGIBILITY OF CERTAIN RESERVISTS AND DEPENDENTS
FOR BURIAL IN NATIONAL CEMETERIES.
(a) Reservists.--Section 2402 of title 38, United States
Code, is amended by inserting after paragraph (6) the
following new paragraph (7):
``(7) Any person who at the time of death was entitled to
retired pay under that chapter but for the fact that the
person was under 60 years of age.''
(b) Dependents.--Paragraph (5) of such section is amended
by inserting ``and paragraph (7)'' after ``paragraphs (1)
through (4)''.
Amend the title so as to read: ``An Act to amend title 38,
United States Code, to extend eligibility for burial in
national cemeteries to persons who have 20 years of service
creditable for retired pay as members of a reserve component
of the Armed Forces and to their dependents''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Mississippi [Mr. Montgomery] will be recognized for 20 minutes, and the
gentleman from Arizona [Mr. Stump] will be recognized for 20 minutes.
The Chair recognizes the gentleman from Mississippi [Mr. Montgomery].
Mr. MONTGOMERY. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the compromise measure we have agreed to with the Senate
would extend burial eligibility in national cemeteries to members of
the National Guard and reservists who have qualified service of 20 or
more years and their next of kin can ask to be buried in the national
cemetery. The only difference between this measure and the bill we
passed last August is that the spouse or minor child would also be made
eligible for these benefits.
Several years ago, an advisory committee on military pay and benefits
recommended the provision of these benefits to the Reserve Forces as a
reflection of the service voluntarily rendered their country. The
requirement that guardsmen and reservists be prepared to report within
24 hours of notification of a callup underscores the fact that today's
selected reservists are truly members of the total force.
Mr. Speaker, I want to take this opportunity to commend George
Sangmeister, chairman of the Subcommittee on Housing and Memorial
Affairs. As we all know, Mr. Sangmeister has announced his plans not to
seek reelection at the end of the Congress. He has done an outstanding
job of chairing the subcommittee and he will be missed. I also want to
thank my friend, the very able ranking minority member of the full
committee, Bob Stump, and the ranking member of the subcommittee, Dan
Burton, for their leadership on this bill. Last, I want to acknowledge
Congressman Henry Bonilla of Texas and Charlie Stenholm of Texas, for
their efforts in behalf of reservists and National Guardsmen with his
sponsorship of H.R. 821.
Mr. Speaker, I urge my colleagues to support this compromise measure.
Mr. Speaker, I reserve the balance of my time.
Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
(Mr. STUMP asked and was given permission to revise and extend his
remarks.)
Mr. STUMP. Mr. Speaker, I rise in support of this resolution and the
compromise it represents to provide full burial benefits in national
cemeteries to Nation Guard and Reserve retirees who have completed 20
years or more as members of a Reserve component of the armed services
and their dependents.
I commend my colleague, Henry Bonilla, for introducing the original
bill. Together, our efforts will ensure that reserve component forces
receive the Nation's full recognition as a final tribute for their
service.
Mr. Speaker, I also wish to thank my good friend Sonny Montgomery,
chairman of the Veterans' Affairs Committee, for his consideration of
this matter.
In addition, I wish to recognize the gentleman from Illinois [Mr.
Sangmeister], chairman of the Subcommittee on Housing and Memorial
Affairs, and the gentleman from Indiana [Mr. Burton], the
subcommittee's ranking member for their leadership on this measure.
I recommend that the resolution be passed.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Texas [Mr. Bonilla], the original sponsor of the bill.
(Mr. BONILLA asked and was given permission to revise and extend his
remarks.)
Mr. BONILLA. Mr. Speaker, the price of freedom is high and never
ending. From Saratoga to Normandy to Khe Sanh, America's finest have
risked their lives to preserve the freedom we all cherish and all too
often take for granted. During peacetime, citizen soldiers have stood
watch defending our borders and shores. Their vigilance and sacrifice
have deterred countless foes and saved countless lives.
Our fellow Americans serving in the National Guard and Reserves have
played a fundamental role in deterring these potential aggressors. This
legislation before us today offers but a small recognition of the
sacrifices of these true Americans.
H.R. 821 will permit those members of the National Guard and Reserve
with 20 years of service creditable to military retirement, along with
their dependents, to be buried in our national cemeteries.
My colleagues, we certainly owe no less to these individuals who have
been on call for 20 years defending the freedom each and every one of
us enjoys.
The important role played by modern day minutemen was evident during
Operations Desert Shield and Desert Storm when 228,000 Reserve and
National Guard personnel were called up.
These dedicated Americans left their families at a moment's notice to
serve. During floods, earthquakes, and other national disasters, these
individuals remain on call to offer a helping hand to their fellow
citizens in need.
H.R. 821 represents but one small means of saying your sacrifices are
recognized and America thanks you.
I would like to thank Chairmen Montgomery and Sangmeister, ranking
members Stump and Burton, and the committee's diligent and able staff
for their hard work and commitment to passing this legislation which
helps America meet it's responsibilities to those who have served. I
look forward to continuing to work with the committee to make sure that
America never forgets its commitments to those who have served.
My colleagues, I believe our task today is simple. To honor the
American virtues of loyalty, freedom, duty, and honesty please join me
and vote yes to pass this bill.
Mr. MONTGOMERY. Mr. Speaker, I yield myself 30 seconds.
I would like to congratulate, again, the gentleman from Texas [Mr.
Bonilla] for this legislation and my colleague, the gentleman from
Arizona [Mr. Stump] for getting it to the floor. This will be a great
help and boost to the national guardsmen and reservists who are about a
third of the forces out there now defending our country.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Illinois [Mr. Sangmeister].
(Mr. SANGMEISTER asked and was given permission to revise and extend
his remarks, and include extraneous matter.)
Mr. SANGMEISTER. Mr. Speaker, H.R. 821 passed the House on August 2,
1993 and the Senate passed it with amendments on November 11, 1993. The
bill before us represents the compromise between the House and the
Senate on the differences.
Mr. Speaker, the proposed compromise would extend eligibility for
burial in national cemeteries to members of the Reserves and National
Guard who have qualified service of 20 or more years. Burial
eligibility would also be extended to their dependents.
Our Nation has long depended upon and recognized the contribution of
our citizen soldiers. From the Minutemen of the Revolution to the
valiant men and women who served during Desert Storm, our Reserve and
National Guard members must satisfy the full mobilization requirements
of all active duty forces. During a 20-year career the men and women of
our Reserve Forces perform more than 2 years of collective military
service, an amount of time equivalent to that which currently qualifies
active duty veterans for burial in a national cemetery. According the
Congressional Budget Office, the costs associated with this measure are
insignificant.
Mr. Speaker, I submit for the Record a joint explanatory statement
outlining in greater detail the differences between the House and the
Senate passed bills.
I would like to commend the gentleman from Mississippi [Mr.
Montgomery], the chairman of the full committee for his leadership and
ongoing support of this measure. I would also like to thank the
gentleman from Arizona [Mr. Stump] and the gentleman from Indiana [Mr.
Burton], the ranking minority members of the full committee and
subcommittee for their efforts and support. In particular, I would like
to thank Henry Bonilla who introduced this bipartisan bill along with
Charlie Stenholm, Tom DeLay and Veterans' Affairs Committee members
Frank Tejeda and Stephen Buyer.
Mr. Speaker, I urge favorable consideration of the House amendments
to H.R. 821.
Joint Explanatory Statement of H.R. 821
This document explains the provisions and legislative
history of measures relating to eligibility for burial in
national cemeteries for individuals who have served 20 years
in the reserve component and for their dependents. These
provisions have been passed by the Senate and House of
Representatives, agreed upon by the Senate and House
Committees on Veterans' Affairs, and are offered as a
proposed House amendment to the Senate amendment to H.R. 821.
The measures referred to above are H.R. 821 as passed by
the House on August 2, 1993 (hereinafter referred to as the
``House bill''), and the text of S. 1620 as reported (without
written report) as an original bill on November 4, 1993, and
as passed by the Senate on November 11, 1993, as a substitute
amendment to H.R. 821 (hereinafter referred to as the
``Senate amendment''). The Senate amendment was derived from
S. 1128, which was introduced on July 17, 1993.
The differences between the House bill and the Senate
amendment are noted below, except for clerical corrections,
conforming changes made necessary by the compromise
agreement, and minor drafting, technical, and clarifying
changes.
Current law: Under current law, the only members of Reserve
components of the Armed Forces who are eligible for burial in
a national cemetery are those who:
1. Die under honorable conditions while hospitalized or
undergoing treatment at the expense of the United States for
injury or disease contracted or incurred under honorable
conditions while such member is performing active duty for
training, inactive duty training, or traveling to and from
such duty;
2. Are disabled or die from disease or injury incurred or
aggravated in line of duty during or enroute to or from
active duty for training; and
3. Are disabled or die from injury (but not disease)
incurred or aggravated in line of duty during or enroute to
or from inactive duty training.
House bill: The House bill would grant eligibility for
burial in a national cemetery to any person who at the time
of death was entitled to retirement pay for service in a
reserve component of the Armed Forces or would have been
entitled to retirement pay but for the fact that the person
was under 60 years old.
Senate amendment: The Senate amendment is substantively
similar to the House bill, but adds a provision granting
eligibility for burial in national cemeteries to the spouses
and dependents of eligible reservists.
Compromise agreement: The compromise agreement follows the
Senate amendment with some minor technical and conforming
changes.
Mr. MONTGOMERY. Mr. Speaker, I want to say again to the gentleman
from Illinois [Mr. Sangmeister] how we will miss him, as we note how
dedicated he has been to this committee.
{time} 1230
Mr. STUMP. I yield myself such time as I may consume.
Mr. Speaker, I would like to add once again my thanks to the
gentleman from Illinois [Mr. Sangmeister] for the great job he has
done. He has been a great leader. We wish him the very best in his new
endeavors.
Mr. GILMAN. Mr. Speaker, last August when the House of
Representatives first debated H. Res. 406, I was pleased to be a strong
supporter. As the House now reconsiders an amended version of this
legislation, I remain committed to ensuring its passage.
As a supporter of H. Res. 406, legislation that extends eligibility
of national cemetery burial benefits to National Guard and reservist
retirees, who have completed 20 or more years of service, I am pleased
that this legislation has been amended to include burial eligibility
for spouses and dependents.
I commend our distinguished colleague from Texas [Mr. Bonilla], the
original sponsor of this legislation, as well as the House and Senate
Members of the Committee on Veterans' Affairs, who have worked so
diligently to ensure that our Nation's veterans receive the benefits
that they have valiantly earned.
I believe that final passage of the amended version of H. Res. 406,
is essential, as this legislation pays final tribute to National Guard
and reservist retirees who have given so much to our Nation. Under
current law, members of the Reserves may be buried in national
cemeteries only if they are disabled or die as a result of active duty.
However, final passage of House Resolution 406, will guarantee that
Guard and Reserve members, as well as their spouses and dependents,
receive the burial benefits that they deserve. I must add that the
outlays for this legislation are minimal--the Congressional Budget
Office estimates less than $400,000 a year. I believe this is a small
price to pay for those who have given so much for the freedom that we
in America enjoy.
As a long time supporter of veterans issues, I am pleased that the
House of Representatives is discussing this important issue. The death
of a loved one causes and unfortunate emotional strain. However, the
death of a loved one should not cause a financial strain too.
Accordingly, I have introduced legislation, H.R. 34, that will boost
funeral benefits to a level previously afforded to all our wartime
veterans.
Prior to 1981, a burial allowance of up to $300 was provided in all
cases where a veteran died: First, of service-connected disability;
second, if he was veteran of any war; third, if he was discharged for a
disability incurred or aggravated in the line of duty; or fourth, if he
was in receipt of, or entitled to, disability compensation.
Under the Omnibus Budget Reconciliation Act of 1981, the veterans'
burial benefits were decreased significantly by limiting funeral
benefits to veterans receiving pension or compensation benefits, or
residing in a VA supported health facility at the time of death. That
reduction mistakenly placed an economic value on a benefit given by
Congress to ensure that all veterans would be buried with dignity and
respect, regardless of their income or social standing at time of
death. I believe this is also in direct violation of the longstanding
principle held by the American Legion which calls for equal benefits
for equal service.
The 1990 Omnibus Budget Reconciliation Act further limited burial
plot allowances. The 1990 Veterans Benefits and Services Reconciliation
Conference Agreement eliminates the plot allowance of $150, with the
exception of veterans who are in receipt of DVA disability benefits,
such as compensation or pension.
H.R. 34, restores the pre-1981 eligibility for veterans for the
purposes of receiving funeral benefits, increases the amount of those
benefits from $300 to $400, and increases the plot allowance from $150
to $300.
As a nation, we have a moral obligation to provide our service men
and women with funeral benefits. For this reason I am pleased to
support the amended version of House Resolution 406. However, I believe
that we must go a step further. I urge my colleagues to support my
legislation which will reinstate our veterans' funeral benefits. By
doing this we will fulfill our obligation to all those who have fought
and risked their lives to protect the ideals and the people of our
great Nation. We should do no less, for those who have given so much to
defend our freedom.
Mr. STUMP. Mr. Speaker, I yield back the balance of my time.
Mr. MONTGOMERY. Mr. Speaker, I yield back the balance of time.
The SPEAKER pro tempore (Mr. Mazzoli). The question is on the motion
offered by the gentleman from Mississippi [Mr. Montgomery], that the
House suspend the rules and pass the resolution, House Resolution 406.
The question was taken; and (two-thirds having voted in favor
thereof), the rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.
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