[Congressional Record Volume 158, Number 170 (Sunday, December 30, 2012)]
[House]
[Pages H7442-H7446]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DIGNIFIED BURIAL AND OTHER VETERANS' BENEFITS IMPROVEMENT ACT OF 2012
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (S. 3202) to amend title 38, United States Code, to
ensure that deceased veterans with no known next of kin can receive a
dignified burial, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 3202
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Dignified
Burial and Other Veterans' Benefits Improvement Act of
2012''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Scoring of budgetary effects.
TITLE I--CEMETERY MATTERS
Sec. 101. Furnishing caskets and urns for deceased veterans with no
known next of kin.
Sec. 102. Veterans freedom of conscience protection.
Sec. 103. Improved communication between Department of Veterans Affairs
and medical examiners and funeral directors.
Sec. 104. Identification and burial of unclaimed or abandoned human
remains.
Sec. 105. Exclusion of persons convicted of committing certain sex
offenses from interment or memorialization in national
cemeteries, Arlington National Cemetery, and certain
State veterans' cemeteries and from receiving certain
funeral honors.
Sec. 106. Restoration, operation, and maintenance of Clark Veterans
Cemetery by American Battle Monuments Commission.
Sec. 107. Report on compliance of Department of Veterans Affairs with
industry standards for caskets and urns.
TITLE II--HEALTH CARE
Sec. 201. Establishment of open burn pit registry.
Sec. 202. Transportation of beneficiaries to and from facilities of
Department of Veterans Affairs.
Sec. 203. Extension of reduced pension for certain veterans covered by
medicaid plans for services furnished by nursing
facilities.
Sec. 204. Extension of report requirement for Special Committee on
Post-Traumatic-Stress Disorder.
TITLE III--OTHER MATTERS
Sec. 301. Off-base transition training for veterans and their spouses.
Sec. 302. Requirement that judges on United States Court of Appeals for
Veterans Claims reside within 50 miles of District of
Columbia.
Sec. 303. Designation of Trinka Davis Veterans Village.
Sec. 304. Designation of William ``Bill'' Kling Department of Veterans
Affairs Outpatient Clinic.
Sec. 305. Designation of Mann-Grandstaff Department of Veterans Affairs
Medical Center.
Sec. 306. Designation of David F. Winder Department of Veterans Affairs
Community Based Outpatient Clinic.
SEC. 2. SCORING OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
TITLE I--CEMETERY MATTERS
SEC. 101. FURNISHING CASKETS AND URNS FOR DECEASED VETERANS
WITH NO KNOWN NEXT OF KIN.
(a) In General.--Section 2306 of title 38, United States
Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) The Secretary may furnish a casket or urn, of such
quality as the Secretary considers appropriate for a
dignified burial, for burial in a national cemetery of a
deceased veteran in any case in which the Secretary--
``(1) is unable to identify the veteran's next of kin, if
any; and
``(2) determines that sufficient resources for the
furnishing of a casket or urn for the burial of the veteran
in a national cemetery are not otherwise available.''; and
(3) in subsection (h), as redesignated by paragraph (1), by
adding at the end the following new paragraph:
``(4) A casket or urn may not be furnished under subsection
(f) for burial of a person described in section 2411(b) of
this title.''.
(b) Effective Date.--Subsections (f) and (h)(4) of section
2306 of title 38, United States Code, as added by subsection
(a), shall take effect on the date that is one year after the
date of the enactment of this Act and shall apply with
respect to deaths occurring on or after the date that is one
year after the date of the enactment of this Act.
SEC. 102. VETERANS FREEDOM OF CONSCIENCE PROTECTION.
(a) In General.--Section 2404 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(h)(1) With respect to the interment or funeral, memorial
service, or ceremony of a deceased veteran at a national
cemetery, the Secretary shall ensure that--
``(A) the expressed wishes of the next of kin or other
agent of the deceased veteran are respected and given
appropriate deference when evaluating whether the proposed
interment or funeral, memorial service, or ceremony affects
the safety and security of the national cemetery and visitors
to the cemetery;
``(B) to the extent possible, all appropriate public areas
of the cemetery, including committal shelters, chapels, and
benches, may be used by the family of the deceased veteran
for contemplation, prayer, mourning, or reflection; and
``(C) during such interment or funeral, memorial service,
or ceremony, the family of the deceased veteran may display
any religious or other symbols chosen by the family.
``(2) Subject to regulations prescribed by the Secretary
under paragraph (4), including such regulations ensuring the
security of a national cemetery, the Secretary shall, to the
maximum extent practicable, provide to any military or
volunteer veterans honor guard, including such guards
belonging to a veterans service organization or other
nongovernmental group that provides services to veterans,
access to public areas of a national cemetery if such access
is requested by the next of kin or other agent of a deceased
veteran whose interment or funeral, memorial service, or
ceremony is being held in such cemetery.
``(3) With respect to the interment or funeral, memorial
service, or ceremony of a deceased veteran at a national
cemetery, the Secretary shall notify the next of kin or other
agent of the deceased veteran of funeral honors available to
the deceased veteran, including such honors provided by any
military or volunteer veterans honor guard described in
paragraph (2).
``(4) The Secretary shall prescribe regulations to carry
out this subsection.''.
(b) Interim Implementation.--The Secretary may carry out
paragraphs (1) through (3) of section 2404(h) of such title,
as added by subsection (a), before the Secretary prescribes
regulations pursuant to paragraph (4) of such section, as so
added.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the implementation of section
2404(h) of such title, as added by subsection (a). Such
report shall include a certification of whether the Secretary
is in compliance with all of the provisions of such section.
SEC. 103. IMPROVED COMMUNICATION BETWEEN DEPARTMENT OF
VETERANS AFFAIRS AND MEDICAL EXAMINERS AND
FUNERAL DIRECTORS.
(a) In General.--Chapter 24 of title 38, United States
Code, is amended by adding at the end the following new
section:
[[Page H7443]]
``Sec. 2414. Communication between Department of Veterans
Affairs and medical examiners and funeral directors
``(a) Required Information.--With respect to each deceased
veteran described in subsection (b) who is transported to a
national cemetery for burial, the Secretary shall ensure that
the local medical examiner, funeral director, county service
group, or other entity responsible for the body of the
deceased veteran before such transportation submits to the
Secretary the following information:
``(1) Whether the deceased veteran was cremated.
``(2) The steps taken to ensure that the deceased veteran
has no next of kin.
``(b) Deceased Veteran Described.--A deceased veteran
described in this subsection is a deceased veteran--
``(1) with respect to whom the Secretary determines that
there is no next of kin or other person claiming the body of
the deceased veteran; and
``(2) who does not have sufficient resources for the
furnishing of a casket or urn for the burial of the deceased
veteran in a national cemetery, as determined by the
Secretary.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2413 the following new item:
``2414. Communication between Department of Veterans Affairs and
medical examiners and funeral directors.''.
(c) Effective Date.--Section 2414 of title 38, United
States Code, as added by subsection (a), shall take effect on
the date of the enactment of this Act and shall apply with
respect to deaths occurring on or after the date that is 180
days after the date of the enactment of this Act.
SEC. 104. IDENTIFICATION AND BURIAL OF UNCLAIMED OR ABANDONED
HUMAN REMAINS.
(a) Identification of Unclaimed or Abandoned Human
Remains.--The Secretary of Veterans Affairs shall cooperate
with veterans service organizations to assist entities in
possession of unclaimed or abandoned human remains in
determining if any such remains are the remains of veterans
or other individuals eligible for burial in a national
cemetery under the jurisdiction of the Secretary.
(b) Burial of Unclaimed or Abandoned Human Remains.--
(1) Funeral expenses.--Section 2302(a)(2) of title 38,
United States Code, is amended by striking ``who was a
veteran of any war or was discharged or released from the
active military, naval, or air service for a disability
incurred or aggravated in line of duty, whose body is held by
a State (or a political subdivision of a State), and''.
(2) Transportation costs.--Section 2308 of such title is
amended--
(A) by striking ``Where a veteran'' and all that follows
through ``compensation, the'' and inserting ``(a) In
General.--The'';
(B) in subsection (a), as designated by subparagraph (A),
by inserting ``described in subsection (b)'' after ``of the
deceased veteran''; and
(C) by adding at the end the following new subsection:
``(b) Deceased Veteran Described.--A deceased veteran
described in this subsection is any of the following
veterans:
``(1) A veteran who dies as the result of a service-
connected disability.
``(2) A veteran who dies while in receipt of disability
compensation (or who but for the receipt of retirement pay or
pension under this title, would have been entitled to
compensation).
``(3) A veteran whom the Secretary determines is eligible
for funeral expenses under section 2302 of this title by
virtue of the Secretary determining that the veteran has no
next of kin or other person claiming the body of such veteran
pursuant to subsection (a)(2)(A) of such section.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is one year after the date
of the enactment of this Act and shall apply with respect to
burials and funerals occurring on or after the date that is
one year after the date of the enactment of this Act.
SEC. 105. EXCLUSION OF PERSONS CONVICTED OF COMMITTING
CERTAIN SEX OFFENSES FROM INTERMENT OR
MEMORIALIZATION IN NATIONAL CEMETERIES,
ARLINGTON NATIONAL CEMETERY, AND CERTAIN STATE
VETERANS' CEMETERIES AND FROM RECEIVING CERTAIN
FUNERAL HONORS.
(a) Prohibition Against.--Section 2411(b) of title 38,
United States Code, is amended by adding at the end the
following new paragraph:
``(4) A person--
``(A) who has been convicted of a Federal or State crime
causing the person to be a tier III sex offender for purposes
of the Sex Offender Registration and Notification Act (42
U.S.C. 16901 et seq.);
``(B) who, for such crime, is sentenced to a minimum of
life imprisonment; and
``(C) whose conviction is final (other than a person whose
sentence was commuted by the President or Governor of a
State, as the case may be).''.
(b) Conforming Amendments.--Section 2411(a)(2) of such
title is amended--
(1) by striking ``or (b)(2)'' each place it appears and
inserting ``, (b)(2), or (b)(4)''; and
(2) by striking ``capital'' each place it appears.
(c) Effective Date.--The amendments made by this section
shall apply with respect to interments and memorializations
that occur on or after the date of the enactment of this Act.
SEC. 106. RESTORATION, OPERATION, AND MAINTENANCE OF CLARK
VETERANS CEMETERY BY AMERICAN BATTLE MONUMENTS
COMMISSION.
(a) In General.--After an agreement is made between the
Government of the Republic of the Philippines and the United
States Government, Clark Veterans Cemetery in the Republic of
the Philippines shall be treated, for purposes of section
2104 of title 36, United States Code, as a cemetery for which
it was decided under such section that the cemetery will
become a permanent cemetery and the American Battle Monuments
Commission shall restore, operate, and maintain Clark
Veterans Cemetery (to the degree the Commission considers
appropriate) under such section in cooperation with the
Government of the Republic of the Philippines.
(b) Limitation on Future Burials.--Burials at the cemetery
described in subsection (a) after the date of the agreement
described in such subsection shall be limited to eligible
veterans, as determined by the Commission, whose burial does
not incur any cost to the Commission.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Commission--
(1) $5,000,000 for site preparation, design, planning,
construction, and associated administrative costs for the
restoration of the cemetery described in subsection (a); and
(2) amounts necessary to operate and maintain the cemetery
described in subsection (a).
SEC. 107. REPORT ON COMPLIANCE OF DEPARTMENT OF VETERANS
AFFAIRS WITH INDUSTRY STANDARDS FOR CASKETS AND
URNS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the compliance of the Department
of Veterans Affairs with industry standards for caskets and
urns.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of industry standards for caskets and
urns.
(2) An assessment of compliance with such standards at
national cemeteries administered by the Department with
respect to caskets and urns used for the interment of those
eligible for burial at such cemeteries.
TITLE II--HEALTH CARE
SEC. 201. ESTABLISHMENT OF OPEN BURN PIT REGISTRY.
(a) Establishment of Registry.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall--
(A) establish and maintain an open burn pit registry for
eligible individuals who may have been exposed to toxic
airborne chemicals and fumes caused by open burn pits;
(B) include any information in such registry that the
Secretary of Veterans Affairs determines necessary to
ascertain and monitor the health effects of the exposure of
members of the Armed Forces to toxic airborne chemicals and
fumes caused by open burn pits;
(C) develop a public information campaign to inform
eligible individuals about the open burn pit registry,
including how to register and the benefits of registering;
and
(D) periodically notify eligible individuals of significant
developments in the study and treatment of conditions
associated with exposure to toxic airborne chemicals and
fumes caused by open burn pits.
(2) Coordination.--The Secretary of Veterans Affairs shall
coordinate with the Secretary of Defense in carrying out
paragraph (1).
(b) Report to Congress.--
(1) Reports by independent scientific organization.--The
Secretary of Veterans Affairs shall enter into an agreement
with an independent scientific organization to prepare
reports as follows:
(A) Not later than two years after the date on which the
registry under subsection (a) is established, an initial
report containing the following:
(i) An assessment of the effectiveness of actions taken by
the Secretaries to collect and maintain information on the
health effects of exposure to toxic airborne chemicals and
fumes caused by open burn pits.
(ii) Recommendations to improve the collection and
maintenance of such information.
(iii) Using established and previously published
epidemiological studies, recommendations regarding the most
effective and prudent means of addressing the medical needs
of eligible individuals with respect to conditions that are
likely to result from exposure to open burn pits.
(B) Not later than five years after completing the initial
report described in subparagraph (A), a follow-up report
containing the following:
(i) An update to the initial report described in
subparagraph (A).
(ii) An assessment of whether and to what degree the
content of the registry established under subsection (a) is
current and scientifically up-to-date.
[[Page H7444]]
(2) Submittal to congress.--
(A) Initial report.--Not later than two years after the
date on which the registry under subsection (a) is
established, the Secretary of Veterans Affairs shall submit
to Congress the initial report prepared under paragraph
(1)(A).
(B) Follow-up report.--Not later than five years after
submitting the report under subparagraph (A), the Secretary
of Veterans Affairs shall submit to Congress the follow-up
report prepared under paragraph (1)(B).
(c) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible individual''
means any individual who, on or after September 11, 2001--
(A) was deployed in support of a contingency operation
while serving in the Armed Forces; and
(B) during such deployment, was based or stationed at a
location where an open burn pit was used.
(2) Open burn pit.--The term ``open burn pit'' means an
area of land located in Afghanistan or Iraq that--
(A) is designated by the Secretary of Defense to be used
for disposing solid waste by burning in the outdoor air; and
(B) does not contain a commercially manufactured
incinerator or other equipment specifically designed and
manufactured for the burning of solid waste.
SEC. 202. TRANSPORTATION OF BENEFICIARIES TO AND FROM
FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 1 of title 38, United States Code,
is amended by inserting after section 111 the following new
section:
``Sec. 111A. Transportation of individuals to and from
Department facilities
``(a) Transportation by Secretary.--(1) The Secretary may
transport any person to or from a Department facility or
other place in connection with vocational rehabilitation,
counseling required by the Secretary pursuant to chapter 34
or 35 of this title, or for the purpose of examination,
treatment, or care.
``(2) The authority granted by paragraph (1) shall expire
on the date that is one year after the date of the enactment
of this section.''.
(b) Conforming Amendment.--Subsection (h) of section 111 of
such title is--
(1) transferred to section 111A of such title, as added by
subsection (a);
(2) redesignated as subsection (b);
(3) inserted after subsection (a) of such section; and
(4) amended by inserting ``Transportation by Third-
parties.--'' before ``The Secretary''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 1 of such title is amended by inserting
after the item relating to section 111 the following new
item:
``111A. Transportation of individuals to and from Department
facilities.''.
SEC. 203. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS
COVERED BY MEDICAID PLANS FOR SERVICES
FURNISHED BY NURSING FACILITIES.
Section 5503(d)(7) of title 38, United States Code, is
amended by striking ``September 30, 2016'' and inserting
``November 30, 2016''.
SEC. 204. EXTENSION OF REPORT REQUIREMENT FOR SPECIAL
COMMITTEE ON POST-TRAUMATIC-STRESS DISORDER.
Section 110(e)(2) of the Veterans' Health Care Act of 1984
(Public Law 98-528; 38 U.S.C. 1712A note) is amended by
striking ``through 2012'' and inserting ``through 2016''.
TITLE III--OTHER MATTERS
SEC. 301. OFF-BASE TRANSITION TRAINING FOR VETERANS AND THEIR
SPOUSES.
(a) Provision of Off-base Transition Training.--During the
two-year period beginning on the date of the enactment of
this Act, the Secretary of Labor shall provide the Transition
Assistance Program under section 1144 of title 10, United
States Code, to eligible individuals at locations other than
military installations to assess the feasibility and
advisability of providing such program to eligible
individuals at locations other than military installations.
(b) Eligible Individuals.--For purposes of this section, an
eligible individual is a veteran or the spouse of a veteran.
(c) Locations.--
(1) Number of states.--The Secretary shall carry out the
training under subsection (a) in not less than three and not
more than five States selected by the Secretary for purposes
of this section.
(2) Selection of states with high unemployment.--Of the
States selected by the Secretary under paragraph (1), at
least two shall be States with high rates of unemployment
among veterans.
(3) Number of locations in each state.--The Secretary shall
provide training under subsection (a) to eligible individuals
at a sufficient number of locations within each State
selected under this subsection to meet the needs of eligible
individuals in such State.
(4) Selection of locations.--The Secretary shall select
locations for the provision of training under subsection (a)
to facilitate access by participants and may not select any
location on a military installation other than a National
Guard or reserve facility that is not located on an active
duty military installation.
(d) Inclusion of Information About Veterans Benefits.--The
Secretary shall ensure that the training provided under
subsection (a) generally follows the content of the
Transition Assistance Program under section 1144 of title 10,
United States Code.
(e) Annual Report.--Not later than March 1 of any year
during which the Secretary provides training under subsection
(a), the Secretary shall submit to Congress a report on the
provision of such training.
(f) Comptroller General Report.--Not later than 180 days
after the termination of the one-year period described in
subsection (a), the Comptroller General of the United States
shall submit to Congress a report on the training provided
under such subsection. The report shall include the
evaluation of the Comptroller General regarding the
feasibility and advisability of carrying out off-base
transition training at locations nationwide.
SEC. 302. REQUIREMENT THAT JUDGES ON UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS RESIDE WITHIN 50
MILES OF DISTRICT OF COLUMBIA.
(a) Residency Requirement.--
(1) In general.--Section 7255 is amended to read as
follows:
``Sec. 7255. Offices, duty stations, and residences
``(a) Principal Office.--The principal office of the Court
of Appeals for Veterans Claims shall be in the Washington,
D.C., metropolitan area, but the Court may sit at any place
within the United States.
``(b) Official Duty Stations.--(1) Except as provided in
paragraph (2), the official duty station of each judge while
in active service shall be the principal office of the Court
of Appeals for Veterans Claims.
``(2) The place where a recall-eligible retired judge
maintains the actual abode in which such judge customarily
lives shall be considered the recall-eligible retired judge's
official duty station.
``(c) Residences.--(1) Except as provided in paragraph (2),
after appointment and while in active service, each judge of
the Court of Appeals for Veterans Claims shall reside within
50 miles of the Washington, D.C., metropolitan area.
``(2) Paragraph (1) shall not apply to recall-eligible
retired judges of the Court of Appeals for Veterans
Claims.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 72 is amended by striking the item
relating to section 7255 and inserting the following new
item:
``7255. Offices, duty stations, and residences.''.
(b) Removal.--Section 7253(f)(1) is amended by striking
``or engaging in the practice of law'' and inserting
``engaging in the practice of law, or violating section
7255(c) of this title''.
(c) Effective Date.--
(1) In general.--Subsection (c) of section 7255, as added
by subsection (a), and the amendment made by subsection (b)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
(2) Applicability.--The amendment made by subsection (b)
shall apply with respect to judges confirmed on or after
January 1, 2012.
SEC. 303. DESIGNATION OF TRINKA DAVIS VETERANS VILLAGE.
(a) Designation.--The facility of the Department of
Veterans Affairs located at 180 Martin Drive in Carrollton,
Georgia, shall after the date of the enactment of this Act be
known and designated as the ``Trinka Davis Veterans
Village''.
(b) References.--Any reference in any law, regulation, map,
document, record, or other paper of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Trinka Davis Veterans Village''.
SEC. 304. DESIGNATION OF WILLIAM ``BILL'' KLING DEPARTMENT OF
VETERANS AFFAIRS OUTPATIENT CLINIC.
(a) Designation.--The facility of the Department of
Veterans Affairs located at 9800 West Commercial Boulevard in
Sunrise, Florida, shall after the date of the enactment of
this Act be known and designated as the ``William `Bill'
Kling Department of Veterans Affairs Outpatient Clinic''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``William `Bill' Kling Department of
Veterans Affairs Outpatient Clinic''.
SEC. 305. DESIGNATION OF MANN-GRANDSTAFF DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTER.
(a) Designation.--The Department of Veterans Affairs
medical center in Spokane, Washington, shall after the date
of the enactment of this Act be known and designated as the
``Mann-Grandstaff Department of Veterans Affairs Medical
Center''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Department of Veterans Affairs medical center referred to in
subsection (a) shall be deemed to be a reference to the
``Mann-Grandstaff Department of Veterans Affairs Medical
Center''.
SEC. 306. DESIGNATION OF DAVID F. WINDER DEPARTMENT OF
VETERANS AFFAIRS COMMUNITY BASED OUTPATIENT
CLINIC.
(a) Designation.--The Department of Veterans Affairs
community based outpatient clinic located in Mansfield, Ohio,
shall after the date of the enactment of this Act be known
and designated as the ``David F. Winder Department of
Veterans Affairs Community Based Outpatient Clinic''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other
[[Page H7445]]
record of the United States to the Department of Veterans
Affairs community based outpatient clinic referred to in
subsection (a) shall be deemed to be a reference to the
``David F. Winder Department of Veterans Affairs Community
Based Outpatient Clinic''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentleman from Maine (Mr. Michaud) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and add any extraneous material that they may have on S. 3202.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MILLER of Florida. I yield myself such time as I may consume.
S. 3202 is another bipartisan and bicameral product of the House and
the Senate Committees on Veterans' Affairs. It's going to improve the
lives of veterans and their families.
I want to again thank my colleague, the ranking member, Mr. Michaud,
and all the members of the committee and the subcommittees for their
advocacy of the provisions of this bill. I also want to thank from the
other side of the Capitol complex Senator Murray and Senator Burr for
their work on improving these provisions. It's great working with
Members who show that, when it comes to veterans issues, both sides can
really come together and agree on issues for the common good.
The first title of this bill pertains to cemetery matters, as one of
my colleagues has already said. In June of this year, an indigent
veteran with no next of kin was buried in a cardboard box in my home
State of Florida. I, like many of my colleagues, was shocked and
appalled to hear of this news. As a result, several sections of this
legislation directly address that specific issue, and it will ensure
that all eligible veterans, regardless of their personal or financial
situation, will receive a dignified burial at a VA national cemetery.
This would include providing VA with the authority to provide a casket,
urn, or other acceptable burial container when a veteran has no known
next of kin and the VA is unable to provide one.
This legislation would also provide for more efficient communication
between VA and local medical examiners and other agencies to ensure
that eligible veterans with no next of kin will be properly laid to
rest in a national cemetery. It would also require the VA report to
Congress on its compliance with industry standards for appropriate
burial containers.
Another section of title I, authored by Mr. Culberson of Texas, would
direct VA to ensure that any memorial service respects the wishes of a
deceased veteran's family to include the use of religious symbols or
volunteer honor guards. Given the numerous difficulties many families
face when dealing with the death of a loved one, ensuring that their
wishes can be honored with a VA memorial service is the least we can do
to honor the memory of that veteran.
The bill would also protect the honor of those buried in America's
national cemeteries by prohibiting anyone convicted of a tier III sex
offense and sentenced to life in prison from being laid to rest there.
Because VA national cemeteries are such sacred grounds, it is important
that we preserve the honor of those buried there by excluding those
convicted of the most heinous of crimes.
This legislation would provide a pathway toward the establishment of
the Clark Veterans Cemetery, located in the Philippines, as a permanent
cemetery restored, operated, and maintained by the American Battle
Monuments Commission.
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As the American Battle Monuments Commission currently operates and
maintains other overseas veterans cemeteries, it is the most
appropriate entity to accomplish the important task of honoring our
fallen veterans who have been laid to rest at Clark.
Title II of this legislation contains provisions that will enhance
our ability to provide for the health care needs of our veterans. It
includes a measure which would direct VA, in coordination with the
Department of Defense, to establish and maintain an open burn pit
registry for veterans of Iraq and Afghanistan who may have been exposed
to toxic chemicals and fumes caused by open burn pits during
deployment.
Many of our servicemembers and veterans have returned home from
combat in Iraq and Afghanistan with serious questions and grave
concerns about the possible long-term health effects of burn pit
exposure. It is my hope that by establishing this registry we can
provide them the answers and assurances they seek and develop better
ways to care for them and future generations of America's warriors.
Under this title, VA would also be authorized to provide
transportation services to and from VA facilities for veterans with
health care appointments and in connection with vocational
rehabilitation or counseling. Veterans who live in rural communities,
who are elderly, who are visually impaired, or who are immobile due to
disease and disability often face significant challenges in traveling
to access services that VA can provide. It is our intent that VA will
use this authority to complement, and not replace, existing programs
such as the valuable Disabled American Veterans Transportation Network;
and as such, this authority is being provided for 1 year.
Title III of the bill would require the Department of Labor to
conduct a 2-year pilot program offering Transition Assistance Program
training at off-base facilities in three to five States with high rates
of unemployment among veterans. With the permission of the Department
of Defense, National Guard and Reserve, facilities could be used.
Veterans and spouses would be eligible for the program, which would be
designed to train those veterans who did not participate in the Active
Duty Transition Assistance Program or who just need to refresh their
job-hunting skills.
Additionally, this title would require that judges of the United
States Court of Appeals for Veterans Claims reside within 50 miles of
the Washington, D.C., metropolitan area during their service. Such a
requirement would put the veterans court in line with other Federal
courts located in the District, which already have a residency
requirement in place.
Finally, this legislation includes four measures to name VA medical
facilities in Georgia, Florida, Washington, and Ohio after prominent
veterans or civilians who have performed outstanding services to
veterans in the communities in which the VA facility is located.
I want to encourage all Members to support the bill as amended.
I reserve the balance of my time.
Mr. MICHAUD. Mr. Speaker, I yield myself such time as I may consume.
The bill before us today, the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012, S. 3202, is a minibus collection of
veterans measures that primarily focus on ensuring that our veterans
receive proper burials that reflect and honor their service. The bill
also establishes and expands several health care and transition
assistance benefits, and it names four VA health facilities after
Americans with distinguished honor.
I appreciate the hard work of all of our colleagues in the House and
in the Senate and of our staffs on the measures that were included in
this bill. We all share the same goal--helping our veterans and their
families receive the benefits that they have earned and deserve. This
bill advances that goal, and I support its passage.
Title I of this bill will allow the Secretary of the VA to provide a
casket or urn to those veterans who die without a known next of kin,
without identification or without financial means, thereby ensuring
that these veterans are laid to rest with the utmost dignity.
Mr. Speaker, there is also an allocation of $5 million in this title
to attempt to address the longstanding maintenance, operation, and
ownership issues at Clark Veterans Cemetery in the Philippines. Along
with soldiers and civilians of other nationalities, over 2,200 American
veterans are buried at Clark. This provision will honor their
sacrifices by setting up the process for Clark to become a permanent
[[Page H7446]]
cemetery administered by the American Battle Monuments Commission.
Clark continues to accept burials, including those from the Iraq war;
and to ensure a smooth transition, it is critical that an agreement is
reached between the two governments before it can become a permanent
cemetery. I am confident that the ABMC will bring this cemetery up to
its impeccable standards and that Congress will provide it the
resources to do so.
Title II of the bill contains a vital provision requiring the
Department of Veterans Affairs, with help from the Department of
Defense, to establish a burn pit registry. This registry would be for
our men and women who may have been exposed to toxic airborne chemicals
and fumes caused by open burn pits. Every time we send our men and
women into combat, we need to do all that we can to properly assess
their risks of exposure to toxins. It has been decades, and we still do
not fully understand the risks associated with one's exposure to agent
orange, an exposure causing many veterans to suffer without
compensation. We should learn from this history, and this bill puts us
on track to avoid repeating it again.
Title II would also enhance VA transportation services to help more
veterans access VA health care, and it contains a very timely measure
that would extend the reporting requirement for posttraumatic stress
disorder through 2016. The rate of PTSD remains high in the veteran
population, and we must continue to keep this issue at the top of our
radar as well as before Congress and the public so that we can continue
to provide the funding that's needed.
Finally, Mr. Speaker, title III of this bill contains an important
section that would direct the Department of Labor to provide the
Transition Assistance Program, TAP, at locations other than at military
installations. This 2-year pilot program will benefit our
servicemembers and their spouses by providing additional opportunity to
attend TAP and to learn about their earned benefits. Too many returning
servicemembers are unable to take advantage of TAP. This is especially
true for members of the National Guard and Reserve who often return
from war to find that they lack the support military communities
provide them. The TAP program is critical to a servicemember's
successful transition back into civilian life, and I am glad to see it
expanded.
Again, I want to thank the members and Chairman Miller for their
leadership on this bill, and I urge all of my colleagues to support its
passage.
I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, might I inquire of the time
remaining.
The SPEAKER pro tempore. The gentleman from Florida has 14\1/2\
minutes remaining.
Mr. MILLER of Florida. Mr. Speaker, I yield such time as he may
consume to the vice chairman of the full committee, the gentleman from
Florida (Mr. Bilirakis).
Mr. BILIRAKIS. Thank you, Mr. Chairman.
Mr. Speaker, I rise today in strong support of S. 3202, the Dignified
Burial of Veterans Act.
I appreciate my colleagues' diligence in moving this language through
the Senate, and I am grateful for the work they have done on behalf of
our veterans. I would also like to thank my good friend and fellow
Floridian, Chairman Jeff Miller, and Ranking Member Bob Filner for the
work they have done this Congress to improve the quality of services
for our veterans--our true American heroes.
This truly bipartisan piece of legislation incorporates language
similar to H.R. 6073, which is legislation that I introduced in the
House after learning that Private Lawrence Davis, Jr., a World War II
veteran, had been buried in a cardboard box in a veterans cemetery not
far from my district. This legislation ensures that veterans with no
next of kin and insufficient funds for proper and dignified burials
will receive assistance from the Department of Veterans Affairs.
Our Nation's heroes deserve to be buried in the same way they served
our great Nation--with dignity, honor, and respect. Private Davis
deserved better. While we cannot go back and rewrite what has already
happened, we can ensure that it doesn't happen again. This legislation
is the right thing to do; and in the final hours of this Congress, I am
very pleased that this Chamber is taking action on this important piece
of legislation. Again, I urge the passage of S. 3202.
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Mr. MICHAUD. Mr. Speaker, I have no further speakers, and I yield
back the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, once again I encourage all
Members to support this legislation.
I yield back the balance of my time.
Mr. GINGREY of Georgia. Mr. Speaker, I rise today in support of S.
3202, the Dignified Burial of Veterans Act and particularly section 303
of this bill, which designates the Department of Veterans Affairs
facility in Carrollton, Georgia as the ``Trinka Davis Veterans
Village.''
Katherine ``Trinka'' Davis was a businesswoman from Carroll County
who founded the Trinka Davis Foundation in 2004 after realizing the
struggles many service men and women faced upon return from Iraq and
Afghanistan. Though not a veteran herself, through her generosity, Ms.
Davis performed an outstanding service for the veterans of Northwest
Georgia.
Mr. Speaker, Trinka made note of the reports of difficulties that
many returning veterans and their respective families were facing: loss
of limbs, traumatic brain injuries, PTSD, unemployment, and loss of
their homes.
Although she is no longer with us, her memory lives on. Trinka left
almost her entire estate--over $18 million--to the Foundation, which
has used it to construct a first class health facility to aid our
wounded warriors in their recovery and treatment.
Mr. Speaker, with a war in Afghanistan, a recent one in Iraq, and
unrest around the globe, the United States has more than 196,000 active
duty service men and women that put their lives on the line--night and
day--to protect our families and our freedoms. These men and women
accepted the call of duty, leaving behind their loved ones and life as
they know it to protect the lives of others.
When our soldiers return from battle, sometimes they do not get the
support and assistance that they deserve. Simply put, we owe them more.
Just as they have answered the call to serve our country, we must
answer the call to serve them. This is what Trinka Davis did.
Thanks to Trinka's generosity and the tireless dedication of her
foundation, the new clinic was donated to the Department of Veterans
Affairs in August. The doors were opened for veterans to receive
outpatient treatment on September 24, and in the coming months the
clinic will also include a 42 bed community living center.
While providing a variety of services including primary care,
physical therapy, and outpatient mental health services, the facility
will serve 3,000 veterans and will allow them to receive treatment
closer to home.
Mr. Speaker, I believe that like our veterans, Ms. Davis is a hero.
She recognized the needs of our veterans and worked tirelessly to meet
them. The Trinka Davis Foundation ensured that Ms. Davis's commitment
to the veterans and their families in the Carrollton community and
beyond would be preserved through construction of the health facility.
I ask my colleagues to join me in recognizing Trinka's selfless
actions and those who have bravely served our Nation by supporting S.
3202.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Miller) that the House suspend the rules
and pass the bill, S. 3202.
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. MILLER of Florida. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
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