[Congressional Record Volume 140, Number 44 (Wednesday, April 20, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: April 20, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
EXTENDING ELIGIBILITY FOR BURIAL IN NATIONAL CEMETERIES
Mr. HEFLIN. Mr. President, I ask that the Chair lay before the Senate
a message from the House of Representatives on a 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.
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 821) entitled ``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'', with the following
amendments:
In lieu of the matter inserted by said amendment, insert:
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 chapter 67 of title 10 or would have been
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.''.
Mr. HEFLIN. I ask unanimous consent that the Senate concur, en bloc,
in the amendments of the House and the motion to reconsider, en bloc,
be laid upon the table; that any statements relative to this item
appear in the appropriate place in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ROCKEFELLER. Mr. President, as chairman of the Committee on
Veterans' Affairs, I am delighted to support the final passage of H.R.
821, a bill to extend eligibility for burial in national cemeteries to
those who served 20 years in the National Guard or Reserve components
of the Armed Forces, and to their families.
Mr. President, this bill is derived from S. 1128, introduced by my
good friend and colleague on the committee, Senator Akaka, who has been
a longstanding advocate for reservists. The language of Senator Akaka's
bill, with some minor changes, was incorporated into an original bill,
S. 1620, which was reported by the committee on November 4, 1993. The
Senate passed the text of S. 1620 on November 11, 1993, as a substitute
amendment to H.R. 821. The compromise agreement that is before the
Senate today is essentially the same bill that we passed last year,
with only minor drafting and conforming changes.
Mr. President, I ask unanimous consent that a joint explanatory
statement on H.R. 821, developed by the two Committees on Veterans'
Affairs, be printed in the Record following my remarks. This joint
statement, which describes the compromise agreement on H.R. 821, was
previously inserted in the Record by the chairman of the House
Committee on Veterans' Affairs, Representative G.V. (Sonny) Montgomery,
during House debate on Monday, April 18.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Joint Explanatory Statement of H.R. 821, a Bill To Extend Eligibility
for Burial in National Cemeteries to Reservists and Their Dependents
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 a 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 for 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. AKAKA. Mr. President, I rise in support of the House amendment to
the Senate amendment to H.R 821, legislation that would extend
eligibility for burial in the national cemetery system, which includes
the 59 open national cemeteries operated by the Department of Veterans
Affairs [VA] and the 40 State veterans cemeteries that conform to VA
eligibility standards, to members of the National Guard and Reserve who
have served a minimum of 20 years and are eligible for retirement pay
and their dependents.
Mr. President, the Senate approved H.R. 821 in substantially the same
form late last year, but because certain technical conforming
amendments were inadvertently left out of the Senate-passed bill, the
House delayed final action on the measure. The measure we are
considering today contains these minor technical corrections.
H.R. 821 is derived from legislation I introduced last year, S. 1128,
that was cosponsored by Senators Craig, Dashle, DeConcini, Dorgan,
Ford, Hatch, Heflin, Inouye, Jeffords, Kerrey, Pressler, Robb, and
Shelby. S. 1128, in turn, was based on original legislation I
introduced in the 102d Congress, S. 2961, that called for providing
headstones, burial flags, as well as the interment benefit to career
reservists. Congress managed to approve the headstone and burial flag
provisions of S. 2961 in 1992, but deferred consideration of the
interment benefit until the current Congress.
Mr. President, an estimated 235,000 reservists gallantly served in
the Persian Gulf war. Their outstanding performance alongside active
duty soldiers amply fulfilled the aim of our Total Force policy. The
desert conflict foreshadowed the military's post-cold-war trend toward
greater reliance on the Reserve component. Indeed, today's Guard and
Reserve train to the same standards as their active duty counterparts
and are increasingly undertaking missions for the active duty military.
In effect, today's reservists are continuous members of the total
force, indistinguishable in performance from the so-called regular
military.
H.R. 821 recognizes the growing importance of the Guard and Reserve
by extending to the most dedicated among them, the career reservists
who have devoted at least 20 years of their lives to our defense, the
final and most basic right of burial in a national cemetery. H.R. 821
also extends burial eligibility to their spouses and dependents.
This legislation will not substantially affect VA's ability to
provide burials benefits to other veterans. According to my best
estimates, the bill will result in between 365 to 828 additional
burials annually--approximately 1 percent or less of VA's current
annual interment rate of nearly 70,000 for burials in national
cemeteries operated by the Department. Even this figure is probably
overstated, because a significant number of eligible reservists is
likely to choose burial in State veterans cemeteries, which is also
authorized under this measure.
In addition, given that there are some 608,000 developed gravesites
available at the 59 open national cemeteries and the 40 State veterans
cemeteries which conform to VA eligibility criteria--with a potential
of 2.7 million more spaces if undeveloped land is developed at these
facilities--it is clear that this legislation will have a negligible
effect on nonreservist veterans.
This bill has the support of all the major veterans organizations as
well as the Military Coalition, which represents 24 military advocacy
organizations. According to the Congressional Budget Office, H.R. 821
is expected to cost less than $500,000 a year, and thus has no pay-as-
you-go implications.
I urge my colleagues to support this legislation. The least we can do
to recognize the contributions of career reservists, the backbone of
the reserves, is to provide them with an honored resting place in our
national cemetery system, alongside others who have worn the uniform.
In closing, Mr. President, I would like to extend my appreciation to
Chairman Rockefeller and the staff of the Veterans' Affairs Committee
for their assistance in facilitating enactment of this measure. I would
especially like to recognize the help of Pete Dougherty, a former
committee staffer, in developing and promoting this legislation.
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