[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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