[Congressional Record Volume 151, Number 52 (Tuesday, April 26, 2005)]
[Senate]
[Page S4262]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD:
  S. 909. A bill to expand eligibility for governmental markers for 
marked graves of veterans at private cemeteries; to the Committee on 
Veterans' Affairs.
  Mr. DODD. Mr. President, I rise today to introduce a bill that will 
restore the rights of all veterans and their families to receive an 
official grave marker of the Department of Veterans Affairs. This 
legislation addresses an unfortunate inequity that exists for veterans 
who passed away during the period between November 1, 1990 and 
September 11, 2001.
  It may come as a shock to my colleagues to learn that while all other 
veterans are entitled to the VA's official grave markers, current law 
forbids veterans who passed away during this eleven year period from 
being so honored.
  This situation is unacceptable and must be remedied.
  Nearly one year ago today, the National World War II Memorial was 
unveiled to the public. Countless Americans who have passed its 50 
stone pillars since that time have been reminded of the courage and 
sacrifice of the men and women who served our country. at its time of 
greatest need.
  But as Senator Bob Dole stated at its dedication ceremony, the World 
War II Memorial is not a tribute to war and conflict. Rather, he said, 
``it's a tribute to the physical and moral courage that makes heroes 
out of farm and city boys and that inspires Americans in every 
generation to lay down their lives for people they will never meet, for 
ideals that make life itself worth living.''
  Indeed, monuments like the World War II Memorial serve as a reminder 
of the service, sacrifice and dedication of our veterans. The 4,000 
stars resting on the Wall of Freedom remind us that too many paid the 
ultimate price.
  Many Americans have a similar experience when they visit the grave of 
a former veteran--often a friend or relative. Most of these grave sites 
have markers paying tribute to the veteran's service. We place flags by 
their side on Memorial Day. Until 1990, moreover, the family of a 
deceased Veteran could receive reimbursement for a VA headstone, a VA 
marker, or a private headstone. However, in the name of cost-cutting, 
measures were taken to prevent the VA from providing markers to those 
families that had purchased gravestones out of their own pockets.
  In my view, this measure was a serious injustice. Nearly all families 
today provide for some gravestone or other privately purchased marker 
following the death of a relative. Yet most were unaware of the new VA 
regulation. Many veterans were buried without any official recognition 
of their service to our country. As of 2001, the VA estimated that it 
was forced to deny nearly 20,000 requests for such markers every year.
  This body first endorsed a provision restoring the right of every 
veteran to receive a grave marker as early as June 7, 2000 as part of 
the fiscal year 2001 Defense Authorization Bill. This body approved 
this language again on December 8, 2001. But it was not until December 
6, 2002 that legislation was signed into law as part of the Veterans 
Improvement Act allowing VA markers to be provided to deceased veterans 
retroactively. Unfortunately, however, when the bill went to a 
conference with the House of Representatives, this benefit was only 
applied retroactively to September 11, 2001 rather than to November 1, 
1990, the date at which the new VA regulation came into effect. 
Veterans who passed away between those two dates were cut out.

  That decision has never satisfied me or many veterans and their 
families. Why should one veteran receive recognition, while the family 
of another is told that there is nothing our government can do simply 
because of the date of their passing?
  My legislation will correct this inequity. This bill is simple. It 
ensures that all veterans who have passed away since 1990 are able to 
receive a VA grave marker.
  It is inexpensive. In 2001, the Congressional Budget Office estimated 
that providing such a benefit to all veterans would cost no more than 
$3 million per year for the first 5 years. Since most of the families 
of veterans who passed away between 1990 and 2001 have already 
completed their burial plans, it is safe to assume that a substantially 
smaller number of individuals would require this benefit.
  Today is the seventh anniversary of the passing of Agostino Guzzo, a 
Connecticut resident who bravely served in the United States Armed 
Forces in the Philippines during World War II. His family interred his 
body in a mausoleum at the Cedar Hill Cemetery in Hartford, 
Connecticut. The family was not aware of the VA's restrictions on grave 
markers, and was told by the VA that there was no way to receive an 
official recognition.
  Agostino's son, Thomas Guzzo, brought the matter to my attention, 
and, along with Representative Nancy Johnson, we were able pass to 
legislation granting Agostino the memorial he deserves. But too many 
families are still denied such markers. This legislation honors the 
memory of Agostino Guzzo and all of the veterans who have served their 
country in war and in peace. Thomas Guzzo's commitment to this issue 
has not ended. The commitment of this Congress to the issue should 
continue as well.
  I hope our colleagues will give this important legislation their 
favorable consideration.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 909

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PROVISION OF GOVERNMENT MARKERS FOR MARKED GRAVES 
                   OF VETERANS AT PRIVATE CEMETERIES.

       (a) In General.--Section 502(d) of the Veterans Education 
     and Benefits Expansion Act of 2001 (38 U.S.C. 2306 note) is 
     amended by striking ``September 11, 2001'' and inserting 
     ``November 1, 1990''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of section 
     502 of the Veterans Education and Benefits Expansion Act of 
     2001.
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