[Congressional Record Volume 153, Number 75 (Tuesday, May 8, 2007)]
[Senate]
[Pages S5734-S5735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself, Mr. Voinovich, Mr. Conrad, Mr. Kerry, 
        Mr. Byrd, and Mr. Brown):
  S. 1334. A bill to amend section 2306 of title 38, United States 
Code, to make permanent authority to furnish government headstones and 
markers for graves of veterans at private cemeteries, and for other 
purposes; to the Committee on Veterans' Affairs.
  Mr. DODD. Mr. President, I rise today to introduce a bill that will 
restore the rights of veterans and their families to receive an 
official grave marker from the Department of Veterans' Affairs in 
acknowledgement of their service to this Nation. I am pleased to be 
joined by Senators Kerry, Voinovich, Conrad, Byrd, and Brown as 
original cosponsors. This legislation addresses a serious, and easily 
remedied, inequity that exists for veterans who passed away during the 
period between November 1, 1990, and September 11, 2001.
  There is an inscription in Colleville-sur-Mer, France, at Omaha 
Beach, commemorating those Americans who perished in the World War II 
battle there, that reads:

       This embattled shore, this portal of freedom, is forever 
     hallowed by the ideas, the valor and sacrifice of our fellow 
     countrymen.
       Their graves are the permanent and visible symbols of their 
     heroic devotion and their sacrifice in the common cause of 
     humanity.
       These endured all and gave all that justice among nations 
     might prevail and that mankind might enjoy freedom and 
     inherit peace.

  Monuments like this, or like the many spectacular memorials right 
here in Washington, DC, serve as a reminder of the service, dedication, 
and sacrifice of our Nation's veterans. They are a tribute not to the 
suffering and darkness of war, but to the tremendous courage of those 
who served so that, as the inscription says, ``mankind might enjoy 
freedom and inherit peace.'' And in a small way, the markers placed at 
veterans' gravesites serve as a similar reminder for the friends and 
family members who visit a loved one's grave.
  Until 1990, the family of a deceased American veteran could receive 
reimbursement for a VA headstone, a VA marker, or a private headstone. 
However, I regret to say, in the name of cutting costs, 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 constitutes a serious injustice; one that we must 
correct. It is shocking to me that veterans who passed during those 11 
years are denied an official grave marker, and yet that is the effect 
of current law.
  We owe it to these brave men and women to honor their service to this 
country. We have seen too many instances in which our veterans have not 
been accorded the respect they deserve. The accounts that have surfaced 
about the deplorable conditions at Walter Reed Army Medical Center and 
the consistent underfunding of the Veterans Health Administration shine 
an unpleasant spotlight on the ways in which we have fallen far short 
of our obligations to our Nation's veterans. And now, how can we deny 
veterans the simple honor of recognizing their service with a graveside 
marker?
  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

[[Page S5735]]

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 inexplicably applied 
retroactively only to September 11, 2001, rather than to November 1, 
1990, the date at which the new VA regulation came into effect.
  In my view, to arbitrarily deny veterans who passed away during that 
11-year period is unconscionable. Their service to our Nation was no 
less dedicated than the service of those who passed away before and 
after that period. It is an insult to their memories and to the 
families and friends who loved them.
  This legislation is quite simple. It merely allows all veterans who 
have passed away since 1990 to be provided with official VA grave 
markers and it repeals the expiration of the VA's authority to provide 
these grave markers. The VA is supportive of this legislation, which I 
believe will ensure that all of our Nation's veterans are accorded the 
respect they are due for their sacrifices. In a report submitted to 
Congress on February 10, 2006, the VA endorsed both provisions of this 
legislation, recommending that the grave marker authority be made 
permanent and retroactive to 1990.
  Moreover, this bill is inexpensive. The Congressional Budget Office 
estimated the cost of this bill to be just $1 million over 5 years and 
$2 million over 10 years. Who can argue that this is too high a price 
to pay to honor our fallen heroes?
  We are approaching the 9th anniversary of the passing of Mr. Agostino 
Guzzo, a Connecticut resident who bravely served in the U.S. Armed 
Forces in the Philippines during World War II. His family interred his 
body in a mausoleum at the Cedar Hill Cemetery in Hartford, CT. The 
family was not aware of the VA's restrictions on grave markers at the 
time, and was told by the VA that there was no way to receive official 
recognition.
  Agostino's son, Mr. Thomas Guzzo, brought the matter to my attention, 
and we were able to pass 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 
should continue, as well.
  I hope my colleagues will support this important legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1334

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

     SECTION 1. MODIFICATION OF AUTHORITIES ON PROVISION OF 
                   GOVERNMENT HEADSTONES AND MARKERS FOR BURIALS 
                   OF VETERANS AT PRIVATE CEMETERIES.

       (a) Repeal of Expiration of Authority.--Subsection (d) of 
     section 2306 of title 38, United States Code, is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraph (4) as paragraph (3).
       (b) Retroactive Effective Date.--Notwithstanding subsection 
     (d) of section 502 of the Veterans Education and Benefits 
     Expansion Act of 2001 (Public Law 107-103; 115 Stat. 995; 38 
     U.S.C. 2306 note), the amendments made to section 2306(d) of 
     title 38, United States Code, by such section 502 and the 
     amendments made by section 402 of the Veterans Benefits, 
     Health Care, and Information Technology Act of 2006 (Public 
     Law 109-461), other than the amendment made by subsection (e) 
     of such section 402, shall take effect as of November 1, 
     1990, and shall apply with respect to the graves of 
     individuals dying on or after that date.
                                 ______