[Congressional Record Volume 156, Number 158 (Saturday, December 4, 2010)]
[Senate]
[Pages S8535-S8536]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   REQUIRING REPORTS ON THE MANAGEMENT OF ARLINGTON NATIONAL CEMETERY

  Mrs. McCASKILL. Mr. President, I also rise today to talk about a 
subject that is, frankly, as depressing--in fact, more depressing--than 
the reality we just faced this morning on the floor; that is, the 
heartbreaking incompetence that has been uncovered at Arlington 
National Cemetery.
  This is, in my opinion, the most sacred ground we have in this 
country. This is where our highest ideal of an American is laid to 
rest. The ceremonies that take place every day, day in and day out, at 
Arlington National Cemetery are a great source of national pride. For 
the thousands of families who have loved ones buried there, they 
deserve to know that location is being run with the highest level of 
integrity and professionalism.
  In July of this year, my subcommittee on contracting discovered they 
have to be bitterly disappointed because due to contracting problems, 
you cannot be assured that people are buried where Arlington National 
Cemetery tells you they are buried; that even though we spent millions 
of dollars on contracts to make sure the system was reliable in terms 
of the location of the burial of these heroes, the contracts have 
produced nothing. In fact, the discovery was made that there were many 
instances where what it said on the tombstone was not true.
  We began working and the hearing was mind-boggling because there was 
so much finger pointing--``not my fault,'' ``not my fault,'' ``not my 
fault''--discovering there was no real chain of command at Arlington 
National Cemetery. Unlike the rest of the military and the rest of the 
Army, it was not clear who the people at Arlington even reported to. 
That is the management incompetence that breeds all kinds of nonsense, 
when there is no accountability. And there was no accountability.
  So I think the Army has taken this seriously. They clearly are 
embarrassed, as they should be. They are working to methodically go 
through the cemetery and make sure they find any instance where there 
is a discrepancy in terms of the burials. Just a few weeks ago, we 
learned that they now discovered another grave site where eight urns of 
cremated remains were located. The tombstone was marked ``Unknown.''
  Now, can you imagine there is actually someone who went back eight 
times to the same location to dump cremated remains in one grave?
  We have been able to identify some of those remains, and those 
families have been notified and they will have the proper burial. They 
will know the location. Unfortunately, one of the sets of remains we 
cannot identify. It has been reburied ``Unknown.''
  But as we methodically go through the cemetery and try to correct 
these instances of heartbreaking incompetence, we have to have some 
legislation in place that provides the right accountability and 
oversight. I had introduced a piece of legislation along with my 
ranking Republican on the Subcommittee on Contracting Oversight, 
Senator Brown of Massachusetts, and we have tried to work this through 
the process, which everyone around here knows is painfully slow, and 
even more painfully slow over the last 18 months since the Republican 
Party has been rewarded for their strategy of block everything, 
including things they support.
  I am encouraged that it is my understanding that after I came to the 
Senate floor yesterday and said I was going to make a unanimous consent 
motion, not only have the Democrats all cleared this legislation but 
the Republicans have also. I think that is a good sign. I wish we had 
more good signs. But this at least is a good sign.
  So, Mr. President, I ask unanimous consent that the Veterans Affairs' 
Committee be discharged from further consideration of S. 3860 and the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 3860) to require reports on the management of 
     Arlington National Cemetery.

  There being no objection, the Senate proceeded to consider the bill.
  Mrs. McCASKILL. Mr. President, I ask unanimous consent that a 
McCaskill amendment, which is at the desk, be agreed to, the bill, as 
amended, be read a third time and passed, the motions to reconsider be 
laid upon the table, with no intervening action or debate, and any 
statements related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4734) was agreed to, as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. REPORTS ON MANAGEMENT OF ARLINGTON NATIONAL 
                   CEMETERY.

       (a) Report on Gravesite Discrepancies.--Not later than one 
     year after the date of the enactment of this Act, the 
     Secretary of the Army shall submit to the committees of 
     Congress specified in subsection (c) a report setting forth 
     an accounting of the gravesites at Arlington National 
     Cemetery, Virginia. The accounting shall--
       (1) specify whether gravesite locations at Arlington 
     National Cemetery are correctly identified, labeled, and 
     occupied; and
       (2) set forth a plan of action, including the resources 
     required and a proposed schedule, to implement remedial 
     actions to address deficiencies identified pursuant to the 
     accounting.
       (b) GAO Review of Management and Oversight of Contracts.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the committees of Congress

[[Page S8536]]

     specified in subsection (c) a report on the management and 
     oversight of contracts at Arlington National Cemetery.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The number, dollar amount, and duration of current 
     contracts at Arlington National Cemetery over the simplified 
     acquisition threshold.
       (B) The number, dollar amount, and duration of current 
     contracts for automation of burial operations at Arlington 
     National Cemetery, including contracts relating to the Total 
     Cemetery Management System (TCMS), the Geographic Information 
     System (GIS), the Interment Scheduling System (ISS), the 
     Interment Management System (IMS), and new or modified 
     versions of the Burial Operations Support System (BOSS) of 
     the Department of Veterans Affairs.
       (C) An assessment of the management and oversight by the 
     Executive Director of the Army National Cemeteries Program of 
     the contracts covered by subparagraphs (A) and (B), including 
     the use of and actions taken for that purpose by the Corps of 
     Engineers and the National Capital Region Contracting Center 
     of the Army Contracting Command.
       (D) An assessment of the actions taken by the Executive 
     Director of the Army National Cemeteries Program in response 
     to the findings and recommendations of the Inspector General 
     of the Army in the report entitled ``Report of Investigation 
     and Special Inspection of Arlington National Cemetery Final 
     Report (Case 10-04)'', dated June 9, 2010.
       (E) An assessment of the implementation of the following:
       (i) Army Directive 2010-04 on Enhancing the Operations and 
     Oversight of the Army National Cemeteries Program, dated June 
     10, 2010, including, without limitation, an evaluation of the 
     sufficiency of all contract management and oversight 
     procedures, current and planned information and technology 
     systems, applications, and contracts, current organizational 
     structure and manpower, and compliance with and execution of 
     all plans, reviews, studies, evaluations, and requirements 
     specified in the Army Directive.
       (ii) The recommendations and actions proposed by the Army 
     National Cemeteries Advisory Commission with respect to 
     Arlington National Cemetery.
       (F) An assessment of the adequacy of current practices at 
     Arlington National Cemetery to provide information, outreach, 
     and support to families of individuals buried at Arlington 
     National Cemetery regarding procedures to detect and correct 
     current errors in burials at Arlington National Cemetery.
       (G) An assessment of the feasibility and advisability of 
     transferring jurisdiction of Arlington National Cemetery and 
     the United States Soldiers' and Airmen's Home National 
     Cemetery to the Department of Veterans Affairs, and an 
     assessment of the feasibility and advisability of the sharing 
     of jurisdiction of such facilities between the Department of 
     Defense and the Department of Veterans Affairs.
       (3) Simplified acquisition threshold defined.--In this 
     subsection, the term ``simplified acquisition threshold'' has 
     the meaning provided that term in section 4 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403).
       (c) Specified Committees of Congress.--The committees of 
     Congress specified in this subsection are--
       (1) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Veterans' Affairs of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Oversight and Government Reform, and the Committee on 
     Veterans' Affairs of the House of Representatives.
       (d) Reports on Implementation of Army Directive on Army 
     National Cemeteries Program.--
       (1) In general.--The Secretary of the Army shall submit to 
     the appropriate committees of Congress reports on execution 
     of and compliance with Army Directive 2010-04 on Enhancing 
     the Operations and Oversight of the Army National Cemeteries 
     Program, dated June 10, 2010. Each such report shall include, 
     for the preceding 270 days or year (as applicable), a 
     description and assessment of the following:
       (A) Execution of and compliance with every section of the 
     Army Directive for Arlington National Cemetery, including, 
     without limitation, an evaluation of the sufficiency of all 
     contract management and oversight procedures, current and 
     planned information and technology systems, applications, and 
     contracts, current organizational structure and manpower, and 
     compliance with and execution of all plans, reviews, studies, 
     evaluations, and requirements specified in the Army 
     Directive.
       (B) The adequacy of current practices at Arlington National 
     Cemetery to provide information, outreach, and support to 
     families of those individuals buried at Arlington National 
     Cemetery regarding procedures to detect and correct current 
     errors in burials at Arlington National Cemetery.
       (2) Period and frequency of submittal.--A report required 
     by paragraph (1) shall be submitted not later than 270 days 
     after the date of the enactment of this Act, and every year 
     thereafter for the next 2 years.

  The bill (S. 3860), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  Mrs. McCASKILL. Mr. President, I am proud we have been able to get 
this passed today. This is a giant Christmas present with a bow on it 
or a Hanukkah gift with a bow on it to thousands of American families, 
to let them know we are paying attention. We have very short attention 
spans around here. When the cameras aren't rolling, we have a tendency 
to move on to something else. We are always kind of gravitating toward 
the political fight.
  This legislation should send the appropriate signal to our Nation's 
military, to our Nation's veterans and, most importantly, to the 
families who have loved ones buried at Arlington National Cemetery that 
we are paying attention and that we are going to continue to pay 
attention until we get this right. Our American pride depends on it. It 
is the ultimate act of patriotism. So I am proud of the fact that we 
have been able to get this legislation passed today.
  I yield the floor.

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