[Congressional Record Volume 156, Number 166 (Wednesday, December 15, 2010)]
[House]
[Pages H8452-H8456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REQUIRING REPORTS ON MANAGEMENT OF ARLINGTON NATIONAL CEMETERY
Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 3860) to require reports on the management of Arlington
National Cemetery.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 3860
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page H8453]]
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
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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Filner) and the gentleman from Indiana (Mr. Buyer) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. FILNER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on this legislation.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. FILNER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the systemic and long-standing problems at Arlington
National Cemetery have become well-known and are a national tragedy.
Arlington National Cemetery is our most hallowed ground, the final
resting place of many of our heroes. Every year, nearly 4 million
people visit this cemetery. Because of the importance of Arlington to
our national memory, the American people expect Arlington to be run
reverently and meticulously, but as we all know now, this has not been
the case.
Following a yearlong series of investigative reports published on
Salon.com, the Army prompted an investigation regarding reports of
unmarked, misidentified, or misplaced graves. The Army investigation
identified a culture of inaction and inactivity, a failure to act and a
failure to come to grips with the problems at Arlington. Unfortunately,
these problems have been going on for years.
Recently, the Army opened a criminal investigation after eight urns
of cremated remains were found in a grave marked ``unknown.'' Army
Secretary John McHugh has taken many steps to correct the many failures
at Arlington, and we applaud his efforts. The Committee on Veterans'
Affairs has worked closely with our colleagues on the Armed Services
Committee to get answers and find a way forward.
I agree with our esteemed chairman of the House Armed Services
Committee, Ike Skelton, who stated in a June hearing that, ``We must be
prepared that a 100 percent survey of the cemetery and all of its
operations, which I believe must now be undertaken, will yield a larger
number of problems that must be addressed.''
A comprehensive survey may find that the burial errors at Arlington
may number in the thousands, but in order to provide a concrete
solution to this problem, we must first fully understand the scope.
The Senate has acted, passing S. 3860 on December 4 of this year.
This measure requires reports to Congress on the management of
Arlington National Cemetery, including grave site discrepancies, the
management and oversight of contracts, and the implementation of recent
Army directives. Passing S. 3860 is a first step but not the final
answer.
In the waning days of this Congress, we have the opportunity to send
to the President this important measure. We will continue to work
closely with our colleagues in Armed Services, with the administration,
and with our Senate colleagues in the months ahead to fix what is wrong
at Arlington and to ensure that the operation of this national shrine
honors the men and women who lie at rest there.
Mr. Speaker, I reserve the balance of my time.
Mr. BUYER. Mr. Speaker, I yield myself such time as I may consume.
I rise in reluctant support of Senate bill 3860, as amended, which
would require reports on the management of Arlington National Cemetery.
The reason I say reluctant support is the Veterans' Affairs Committee
itself, really
[[Page H8454]]
we didn't take up the issues on Arlington, and we allowed the Senate
and the House Armed Services Committee to do their work, but the House
Veterans' Affairs Committee, we did not do ours. And so this is very
unfortunate that we're proceeding with this bill in a lame duck session
when we have not even held hearings ourselves on this issue. So I
cannot speak from firsthand, other than my conversations with the
Secretary of the Army myself, but the committee did not hold hearings
on this piece of legislation at all.
Since the founding of Arlington in June of 1864, the cemetery has
been revered as the ``crown jewel'' of the national cemetery system. It
is the final resting place of several American Presidents, Supreme
Court justices, and over 300,000 veterans and their families. Like most
Americans, I was deeply disturbed and appalled by revelations by the
Department of Army Inspector General's report regarding the
mismanagement and possible criminal behavior at Arlington.
I do want to praise Secretary of the Army John McHugh for his swift
action in response to this report, also for his following up on the
recommendations of Secretary Geren's request for the investigation. So,
once again, I extend my compliments to my good friend, the Secretary of
the Army, John McHugh.
{time} 1830
Secretary McHugh has installed a new management team that is reaching
out to the National Cemetery Administration at the VA for their help in
implementing the needed changes to defend Arlington's reputation and
ensure that the cemetery operations are conducted in a way that honors
our warriors who have given so much in the defense of our Nation.
No family should ever have to wonder if their loved one is accounted
for or buried in a proper location. They should assume that all has
been done correctly. Our heroes and their families deserve the highest
possible standards with regard to burial honors, and this bill seeks to
prove this assurance.
This bill, as amended, requires several reports on the new management
team's progress to improve Arlington's IT systems, the contracting
practices, organizational structure, and report on the feasibility of
transferring the operation of Arlington from the Department of the Army
to the VA's National Cemetery Administration. While additional reports
will be beneficial, I believe it is important to first allow the Army
to complete its ongoing investigations of these same issues. Different
studies on overlapping issues can provide unique insights; however,
providing these simultaneous investigations, performed by different
agencies, might also create unnecessary hindrances to the ongoing
studies.
Also, with regard to the final provisions on the feasibility of
transferring the operation of Arlington National Cemetery to the VA
National Cemetery Administration, I want to offer my recommendation
that Arlington National Cemetery remain under the jurisdiction of the
United States Army. It is hasty to assume that we should immediately
just transfer the jurisdiction. It is very important for us to define
what, in fact, are the challenges and what are the problems. It is so
much like an American: We hear a problem, and we want to run out and
create a solution before we totally understand the scope of our
challenge. So before we get the cart before the horse, let's not run
out there and talk about, Let's immediately transfer.
Now I can assure you that when the Department of Interior was not
doing their job, what I believe, correctly, I made a suggestion that we
should transfer those cemeteries from the Department of Interior to the
VA. I don't have a problem. You can make that a holder out there. You
get people to do what they believe are the right things to do, and
maybe that is what Senator McCaskill was attempting to do here. So I
have to respect her in setting a benchmark to do that, and maybe that
is, in fact, what her goal here is, to make sure that everybody does
what they are supposed to do.
The VA does an excellent job of administering the National Cemetery
Administration. However, ANC imposes a comprehensive array of issues
and logistical arrangements that are completely unique and separate
from those at the VA that they, in fact, handle. For example, in
addition to coordinating approximately 25 military funerals per day,
the Army's duties at Arlington, including the responsibility for the
horse teams, for the caissons, and guarding the Tomb of the Unknowns,
is truly unique. Certainly Arlington National Cemetery can benefit by
emulating VA practices that are applicable, and such information
sharing is, in fact, underway. But ultimately, Arlington National
Cemetery, under the jurisdiction of the United States Army is where it
should remain until we can achieve some answers.
I reserve the balance of my time.
Mr. FILNER. I yield myself such time as I may consume.
We had thought that the distinguished gentleman from Missouri, the
chairman of the Armed Services Committee, Mr. Ike Skelton, would be
here this evening. He is not. But I would like to say that this House,
of course, honors his extraordinary service to his district, his State,
the men and women of our armed services, and most importantly, of
course, our Nation for 34 years. It has been a great experience to work
with Ike Skelton closely, as chairman of the Veterans' Affairs
Committee, and to work with him for those who serve in active duty and
those who have served and are now veterans.
President Truman, who is a hero to all of us and especially to Ike,
stated that, ``It is amazing what you can accomplish if you do not care
who gets the credit.'' Ike Skelton has personified this wonderful
saying, working tirelessly for the good of our country. He has done
more than he will ever get credit for, and this House will be a poorer
place without his presence.
I reserve the balance of my time.
Mr. BUYER. Mr. Speaker, yielding myself such time as I may consume, I
do associate myself with the gentleman's comments regarding Chairman
Skelton Ike not only being a very dear friend, but I really appreciate
him stepping forward with these hearings.
With that, I yield 3 minutes to the gentleman from Virginia,
Representative Bob Goodlatte.
Mr. GOODLATTE. I thank the gentleman for yielding. I thank the
gentleman from California for bringing this legislation forward, and I
want to take the opportunity to commend the gentleman from Indiana for
his leadership on the Veterans' Affairs Committee for a number of years
now and for his service in the Congress. He came here at the same time
I did, and I very much appreciate the great contributions he has made
in those years.
I rise in support of this legislation which requires a detailed
report to Congress on the gravesite discrepancies at Arlington National
Cemetery, including information concerning burial operations and errors
in burials. It is sad that we are even having to consider such
legislation today, but unfortunately, it has become very apparent that
it is absolutely necessary.
Recent news reports have revealed multiple instances of misplaced
human remains at Arlington National Cemetery. These sickening stories
are a national disgrace. Our Nation's veterans, in life and in death,
deserve our utmost respect. They have engaged in one of the noblest
forms of public service, defending this Nation. It is their tireless
work that has made our country great, strong, and most importantly,
free. These men and women have helped to liberate victims of
oppression, spread democracy across the world, and preserve the
freedoms our Nation was built upon. Our fallen heroes deserve our
honor, our respect, and our appreciation. This critical legislation
will go a long way in ensuring that it is always the case. It is a
final ``thank you'' on behalf of a grateful Nation.
Mr. Speaker, it is very important that we get to the bottom of this
matter, we correct this problem as quickly as possible and restore the
respect that people need to have in such an important facility which
carries such historic significance and the sacred remains of great men
and women who have served our country.
Mr. BUYER. I yield myself such time as I may consume.
I thank the gentleman, Mr. Bob Goodlatte of Virginia, a classmate of
mine, and I respect all he has been able to do on the Ag Committee.
I will yield now 3 minutes to another Virginian, Congressman Robert
J. Wittman.
[[Page H8455]]
Mr. WITTMAN. Mr. Speaker, I rise today in strong support of S. 3860,
a bill that would ensure greater accountability for the operations at
Arlington National Cemetery.
I would first like to thank the gentleman from California, Chairman
Filner, for his leadership on this issue and bringing this bill to the
floor to make sure that this issue is put out there in the forefront,
and to the gentleman from Indiana, Ranking Member Buyer, who has done
the same, who is passionate about making sure that we are doing the
right thing and making the right decisions. I think the ranking member
points out some great things we ought to remember, and that is, let's
make sure we do a proper examination. Let's not be hasty in reaching
judgments. Let's make sure that we are thoughtful about this and make
sure we are holding people accountable and not too quickly getting to a
point of transference but really getting at the root of the problem. So
I appreciate the ranking member for his thoughtfulness on that.
Mr. Speaker, these are our Nation's heroes who have fought and have
died to protect our country, and they deserve absolute dignity and
honor. The mishandling of remains and gravesites at Arlington has
demonstrated that there was a clear lack of accountability. After
allegations of mismanagement surfaced in June, Army Secretary John
McHugh rightly came forward to accept responsibility and immediately
made changes to correct the system. And I want to applaud the Secretary
for doing that. He has done great work in making sure that this issue
gets addressed. I do believe that this legislation is necessary,
though, as the next step to ensure accountability and to avoid these
issues in the future.
{time} 1840
S. 3860 would require the Secretary of the Army to submit a report to
Congress accounting for all the gravesites at Arlington Cemetery within
1 year. And folks, this is a significant effort. There are 320,000 of
our heroes buried at Arlington. There may be up to 6,600 gravesites in
question. We owe it to the families, we owe it to those servicemembers
to make sure that this issue is addressed.
This bill would require the Army to submit plans to remedy any errors
found and make sure that those don't happen again in the future.
Under the bill, the Comptroller General would be required to report
to Congress on efforts to change the management and oversight structure
at Arlington National Cemetery, including contract management.
I am pleased that the legislation requires an assessment of the
adequacy of current practices at Arlington, to provide information,
outreach and support to the families of individuals buried at the
cemetery as errors are detected and corrected. And we've seen some of
those things happen here recently.
I just heard the other day of a family who was told that the remains
of their loved one were, indeed, known and that they were confirmed.
Unfortunately, a week later they were called and told that that was not
the case. We need to make sure we get this right, and we need to make
sure we keep in mind the effects on families who have loved ones and
our Nation's heroes that are buried there.
The families deserve timely and accurate information about the
location of their loved ones, and I want to make sure that that happens
and happens in every case without ambiguity.
Arlington is the last resting place of so many of our Nation's
heroes, those service men and women who are called upon and gave the
ultimate sacrifice to this country and, folks, they deserve nothing
less.
I urge my colleagues to support this bill.
Mr. BUYER. Mr. Speaker, I yield myself such time as I may consume.
What I would like to comment on now, Mr. Speaker, really deals with a
problem in the House rules that I think needs to be corrected as we go
into the next session of Congress. So with regard to jurisdiction,
lines of jurisdiction with regard to committees and how bills are
assigned through the Parliamentarian, at the direction of the Speaker,
I sent a letter to the Speaker dated December 9, 2010.
This Senate bill that came to us, it appears that it invokes the
jurisdiction also of the House Armed Services Committee. The Army
personnel manage and operate Arlington National Cemetery, and the
cemetery is under the jurisdiction of the United States Army. So
Chairman Skelton properly moved out and held his hearings in the House
Armed Services Committee relative to Arlington. So I can begin to
understand why the chairman of the Veterans' Affairs Committee then
allowed the House Armed Services Committee to proceed.
Then when the Senate conducts their hearings, and they did so, the
Senate Veterans' Affairs Committee passed their bill, and immediately
they sent it to us in a lame duck session.
Now, you say, why wouldn't this bill also have either a joint
referral or to the Armed Services Committee, or why did it only go to
the House Veterans' Affairs Committee?
Well, you go to the House rules. So even though I sent the letter to
Madam Speaker Pelosi saying, please invoke jurisdiction of the House
Armed Services Committee, the response obviously was ``no'' because
here we now are on the House floor doing this bill by a committee who
had never done hearings on the bill.
The problem is in the House rules itself. When you turn to the House
rules, I think this has got to be an error in the drafting of these
rules. Rule X, 2 cites that cemeteries under the United States in which
veterans of any war or conflict are or may be buried, whether in the
United States, abroad, except cemeteries administered by the Secretary
of the VA, it goes to the Veterans' Affairs Committee. This has to be
corrected. So, hopefully, when you go into the next Congress, this rule
gets corrected so that the cemeteries that are under the jurisdiction
of the United States Army, such as the two, Old Soldiers Home and
Arlington National Cemetery, that that legislation regarding that
jurisdiction rests with the Armed Services Committee. The VA Committee,
we have oversight; but with regard to this, it's a jurisdictional
question, and it needs to be corrected.
And that's why you have two individuals here managing a bill on the
floor that really the House Armed Services Committee, Mr. Speaker,
should also be here. But I want all the Members to know that's why this
is happening.
I suppose, yes, we can all be very upset with regard to the
management and the markings of some of these graves; but those of us
who have had the opportunity to go to Arlington and see the job in
which the Old Guard perform, it is pretty extraordinary. I was last
there on Monday of Thanksgiving week. I joined Lieutenant General John
Kelly, his family and hundreds of his friends at the chapel at Fort
Myer. We all left the chapel. We proceeded down the windy road, down
the hill, led by the Army Band, a platoon of soldiers, horse-drawn
caisson that carried the body of John's youngest son, Lieutenant Robert
Kelly, killed in Afghanistan.
The wind was crisp. The sky was blue. The oak and maple trees were
clutching onto their red, yellow, gold and light-green leaves. Others
were slowly drifting to the ground. The sun shined brightly upon them
all.
Each grave marker properly and perfectly aligned in columns, in rows
and angles, each was offset by rich green grass signifying the etchings
in our national book of remembrance. That's my firsthand account of
having attended the funeral of Lieutenant Robert Kelly at his burial on
Thanksgiving week. That has been replicated since that Monday of
Thanksgiving week, and it has been no different than how the Old Guard
pays their honor and respect to so many, and it goes back so far in
time.
That rich heritage is what causes each one of us to rise when we get
so concerned with regard to mismanagement of such a sacred ground.
With that, I'm going to ask all Members to support the legislation.
Committee on Veterans' Affairs,
House of Representatives,
Washington, DC, December 9, 2010.
Hon. Nancy Pelosi,
Speaker of the House, House of Representatives, H232, The
Capitol, Washington, DC.
Dear Madam Speaker, in reviewing S. 3860, as amended, a
bill to require reports on the management of Arlington
National Cemetery, it appears that the bill invokes authority
under the jurisdiction of the House Committee on Armed
Services.
[[Page H8456]]
Army personnel manage and operate Arlington National
Cemetery and the cemetery is under the jurisdiction of the
United States Army. Accordingly, as the Ranking Member of the
Committee of jurisdiction, I request that an additional
referral be made to House Committee on Armed Services to
provide for its full consideration of this bill.
It is important that the Committee on Armed Services be
permitted to weigh in on this legislation prior to further
consideration, as that Committee has legislative and
oversight jurisdiction over the Department of the Army, and
held a hearing on management issues at Arlington National
Cemetery on June 30, 2010.
Thank you for your consideration of this matter.
Sincerely,
Steve Buyer,
Ranking Republican Member.
Mr. RUSH. Mr. Speaker, I rise today in support of S. 3860, A bill to
require reports on the management of Arlington National Cemetery. This
bill requires reports from the Department of the Army and the
Government Accountability Office that will help restore the American
people's faith in Arlington National Cemetery and, from this point
forward, ensures that this sacred space continues to maintain the high
level of service that is rightfully expected by the families of our
servicemembers, both living and fallen.
Mr. Speaker, I have personally seen the pain and sorrow caused by
cemetery errors.
As many of my colleagues are aware, Burr Oak cemetery, in my
district, faced a similar situation like that which took place at
Arlington.
I understand the sorrow created by this confusion. I have seen the
anguish that family members suffered. It is something that I think no
family should have to endure--especially the family members and loved
ones of those who have paid the ultimate sacrifice to our country.
It is for this reason, Mr. Speaker, that I strongly support this
legislation and encourage my colleagues on both sides of the aisle to
do the same.
Mr. Speaker, I close with a reminder to my colleagues: the families
of our fallen heroes have given so much. At the very least, we owe them
the certainty that the gravesites they visit at Arlington National
Cemetery are, indeed, the final resting place of their loved ones.
Mr. BUYER. Mr. Speaker, I yield back the balance of my time.
Mr. FILNER. Mr. Speaker, I have no further requests for time, I urge
unanimous support, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Filner) that the House suspend the rules
and pass the bill, S. 3860.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. FILNER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________