[Congressional Record Volume 159, Number 175 (Wednesday, December 11, 2013)]
[House]
[Pages H7640-H7642]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ALICIA DAWN KOEHL RESPECT FOR NATIONAL CEMETERIES ACT
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (S. 1471) to authorize the Secretary of Veterans Affairs
and the Secretary of the Army to reconsider decisions to inter or honor
the memory of a person in a national cemetery, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 1471
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alicia Dawn Koehl Respect
for National Cemeteries Act''.
SEC. 2. AUTHORITY TO RECONSIDER DECISIONS OF SECRETARY OF
VETERANS AFFAIRS OR SECRETARY OF THE ARMY TO
INTER THE REMAINS OR HONOR THE MEMORY OF A
PERSON IN A NATIONAL CEMETERY.
(a) Authority To Reconsider Prior Decisions.--Section 2411
of title 38, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d)(1) In a case described in subsection (e), the
appropriate Federal official may reconsider a decision to--
``(A) inter the remains of a person in a cemetery in the
National Cemetery Administration or in Arlington National
Cemetery; or
``(B) honor the memory of a person in a memorial area in a
cemetery in the National Cemetery Administration (described
in section 2403(a) of this title) or in such an area in
Arlington National Cemetery (described in section 2409(a) of
this title).
``(2)(A)(i) In a case described in subsection (e)(1)(A),
the appropriate Federal official shall provide notice to the
deceased person's next of kin or other person authorized to
arrange burial or memorialization of the deceased person of
the decision of the appropriate Federal official to disinter
the remains of the deceased person or to remove a memorial
headstone or marker memorializing the deceased person.
``(ii) In a case described in subsection (e)(1)(B), if the
appropriate Federal official finds, based upon a showing of
clear and convincing evidence and after an opportunity for a
hearing in a manner prescribed by the appropriate Federal
official, that the person had committed a Federal capital
crime or a State capital crime but had not been convicted of
such crime by reason of such person not being available for
trial due to death or flight to avoid prosecution, the
appropriate Federal official shall provide notice to the
deceased person's next of kin or other person authorized to
arrange burial or memorialization of the deceased person of
the decision of the appropriate Federal official to disinter
the remains of the deceased person or to remove a memorial
headstone or marker memorializing the deceased person.
``(B) Notice under subparagraph (A) shall be provided by
the appropriate Federal official as follows:
``(i) By the Secretary in accordance with section 5104 of
this title.
``(ii) By the Secretary of Defense in accordance with such
regulations as the Secretary of Defense shall prescribe for
purposes of this subsection.
``(3)(A) Notwithstanding any other provision of law, the
next of kin or other person authorized to arrange burial or
memorialization of the deceased person shall be allowed a
period of 60 days from the date of the notice required by
paragraph (2) to file a notice of disagreement with the
Federal official that provided the notice.
``(B)(i) A notice of disagreement filed with the Secretary
under subparagraph (A) shall be treated as a notice of
disagreement filed under section 7105 of this title and shall
initiate appellate review in accordance with the provisions
of chapter 71 of this title.
``(ii) A notice of disagreement filed with the Secretary of
Defense under subparagraph (A) shall be decided in accordance
with such regulations as the Secretary of Defense shall
prescribe for purposes of this subsection.
``(4) When the decision of the appropriate Federal official
to disinter the remains or remove a memorial headstone or
marker of the deceased person becomes final either by failure
to appeal the decision in accordance with paragraph (3)(A) or
by final disposition of the appeal pursuant to paragraph
(3)(B), the appropriate Federal official may take any of the
following actions:
``(A) Disinter the remains of the person from the cemetery
in the National Cemetery Administration or in Arlington
National Cemetery and provide for the reburial or other
appropriate disposition of the disinterred remains in a place
other than a cemetery in the National Cemetery Administration
or in Arlington National Cemetery.
``(B) Remove from a memorial area in a cemetery in the
National Cemetery Administration or in Arlington National
Cemetery any memorial headstone or marker placed to honor the
memory of the person.
[[Page H7641]]
``(e)(1) A case described in this subsection is a case in
which the appropriate federal official receives--
``(A) written notice of a conviction referred to in
subsection (b)(1), (b)(2), or (b)(4) of a person described in
paragraph (2); or
``(B) information that a person described in paragraph (2)
may have committed a Federal capital crime or a State capital
crime but was not convicted of such crime by reason of such
person not being available for trial due to death or flight
to avoid prosecution.
``(2) A person described in this paragraph is a person--
``(A) whose remains have been interred in a cemetery in the
National Cemetery Administration or in Arlington National
Cemetery; or
``(B) whose memory has been honored in a memorial area in a
cemetery in the National Cemetery Administration or in such
an area in Arlington National Cemetery.''.
(b) Modification of Exception To Interment or
Memorialization Prohibition.--Subsection (a)(2) of such
section is amended by striking ``such official approves an
application for''.
(c) Applicability.--The amendments made by this section
shall apply with respect to any interment or memorialization
conducted by the Secretary of Veterans Affairs or the
Secretary of the Army in a cemetery in the National Cemetery
Administration or in Arlington National Cemetery after the
date of the enactment of this Act.
SEC. 3. DISINTERMENT OF REMAINS OF MICHAEL LASHAWN ANDERSON
FROM FORT CUSTER NATIONAL CEMETERY.
(a) Disinterment of Remains.--The Secretary of Veterans
Affairs shall disinter the remains of Michael LaShawn
Anderson from Fort Custer National Cemetery.
(b) Notification of Next-of-Kin.--The Secretary of Veterans
Affairs shall--
(1) notify the next-of-kin of record for Michael LaShawn
Anderson of the impending disinterment of his remains; and
(2) upon disinterment, relinquish the remains to the next-
of-kin of record for Michael LaShawn Anderson or, if the
next-of-kin of record for Michael LaShawn Anderson is
unavailable, arrange for an appropriate disposition of the
remains.
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 have 5 legislative days within which to revise and extend their
remarks and add any extraneous material and include that material on S.
1471.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
{time} 1245
Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may
consume.
I rise today in support of S. 1471, the Alicia Dawn Koehl Respect for
National Cemeteries Act. This bill would grant authority to the
Department of Veterans Affairs to reconsider the decision to inter or
memorialize an individual within a national cemetery in situations
where it is later discovered that the deceased committed a capital
crime.
Currently, section 2411 of title 38, United States Code, prohibits
the interment or memorialization of persons who committed a Federal or
State capital crime. Nonetheless, situations have arisen where the
entity, such as a funeral home, or the individual who is charged with
scheduling the interment or memorialization of a decedent either does
not know of the decedent's crime or does not truthfully report such
crime to Federal cemetery officials.
In situations where a funeral home had no knowledge that a decedent
was involved in a capital crime at the time of the burial request, VA
actually lacks the statutory authority to reconsider interment or
memorialization decisions. Simply put, individuals who are buried or
memorialized within national cemeteries cannot be disinterred on the
basis of subsequently received information.
Mr. Speaker, S. 1471 would provide this authority to VA, as well as
to the Department of Defense, in the case of Arlington National
Cemetery.
VA supports this bill, as it would provide the Department with the
ability to redress interment cases where eligibility is invalidated by
information that is learned after a burial.
This bill would also specifically direct the Secretary of Veterans
Affairs to disinter the remains of Michael Lashawn Anderson from Fort
Custer National Cemetery, as it was Mr. Anderson who murdered Alicia
Dawn Koehl prior to taking his own life. In that case, the funeral home
charged with Mr. Anderson's burial was unaware of the incident. Thus
they did not properly report the crime, and Fort Custer National
Cemetery provided the military funeral.
The interment of Mr. Anderson was brought to the attention of the
Indiana congressional delegation; and I want to thank my colleague from
Indiana (Mrs. Brooks) for highlighting this tragic incident and for
offering companion legislation to S. 1471. I also want to thank our
colleagues in the Senate for addressing this need and for passing S.
1471. I encourage all of my colleagues to support this legislation.
At this time, I reserve the balance of my time.
Mr. MICHAUD. Mr. Speaker, I yield myself such time as I may consume.
I support this legislation to allow the VA or the Secretary of the
Army to reconsider their decisions to inter individuals at our Veterans
National Cemeteries, to include Arlington National Cemetery. With this
legislation, individuals who may have committed a Federal or State
capital crime, but were not convicted by reason of unavailability for
trial due to death or flight to avoid prosecution, may be considered
for disinterment.
Being buried in our national cemeteries is one of the highest honors
our Nation bestows upon veterans and their dependents for their service
and sacrifice.
This legislation also closes a loophole in the current law.
Currently, veterans and their dependents who have been convicted of
capital crimes may not be buried in Arlington National Cemetery or any
national cemetery. If there is a mistake and they are inappropriately
buried in one of these cemeteries, the Army and/or VA cannot correct
the mistake. This legislation would correct this issue and allow the
Secretaries of the Army and the VA to reconsider the original interment
and exhume the body for interment elsewhere.
Mr. Speaker, I urge my colleagues to support this legislation, and I
reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, at this time, I yield such time
as she may consume to the gentlewoman from Indiana (Mrs. Brooks), the
Member who brought this matter to the committee's attention.
Mrs. BROOKS of Indiana. Mr. Speaker, I want to thank the
distinguished gentleman from Florida, Chairman Miller, and Subcommittee
Chairman Runyan for bringing up this important piece of legislation
today, S. 1471.
Mr. Speaker, during this season of Christmas, we seek to surround
ourselves with our family and friends to give thanks for the blessings
in our lives. But unfortunately, one family from my district will be
spending yet another Christmas season without their wife, without their
mother, without their daughter-in-law because of a senseless act of
violence that took place at an apartment complex in Indianapolis,
Indiana, on May 30, 2012.
On that date, Michael Anderson, a deranged Army veteran, went on a
shooting rampage that took the life of Alicia Koehl, who was an
apartment complex manager. After taking her life, he also severely
injured three others. Mr. Anderson shot Alicia 13 times before taking
his own life.
Alicia's killing left a hole in communities throughout Indiana. She
was not only a mother to two young children and a loving wife but she
was also a Girl Scout leader, the Volunteer of the Year at Spring Mill
Elementary School, and an active member of her church.
Paul Koehl, Alicia's husband, provided testimony to the House
Veterans' Affairs Committee that Alicia was the ``glue that held our
family together.'' He continued that her motto in life was ``live,
laugh, love'' and that the saying could be found in almost every room
of their home. He finally relayed her contagious optimism by telling
that her smile and gentle nature never failed to light up a room.
So it is no wonder that her passing triggered an outpouring of
sympathy throughout the State, with candlelight vigils being held and
the Indianapolis City Council formally memorializing her as someone
``whose very presence
[[Page H7642]]
in the community is a stabilizing influence which lends a sense of
purpose and direction.''
Mr. Speaker, you can only imagine the indignation when, in the midst
of their grief, family and friends found out that the killer of Alicia
was allowed burial in a national cemetery with full military honors.
This is in spite of a Federal law explicitly forbidding the Department
of Veterans Affairs from interring anyone who has committed a capital
crime, including those never formally convicted.
At the request of Alicia's family and friends, Senator Coats and I
began working on this case to rectify the mistake made by the National
Cemeteries Association. The NCA informed us that they lacked the
authority to disinter Michael Anderson or the ability to rectify their
horrific mistake if something like this should ever happen again.
Mr. Speaker, this is unacceptable. I am outraged not only that the
Koehl family has had to endure yet another injustice after Alicia's
life was needlessly cut short but also that our brave servicemen and -
women who, in some cases, have given the ultimate sacrifice to their
Nation are buried next to a murderous criminal.
The legislation before the House today will simply give the
Department of Veterans Affairs the ability to reconsider interment of
veterans who lost their privilege of interment in our national
cemeteries by committing a capital offense. Our Nation's cemeteries
shouldn't be tarnished because of a legislative technicality, and the
bill before us will close this loophole. Our bravest men and women
should be buried next to fellow heroes, and today we can make sure they
always are.
So I am proud to be a sponsor of the House version of this bill that
garnered the support of all Hoosier Representatives, and I want to
thank them for coming together in a bicameral and bipartisan way to get
behind this meaningful and important piece of legislation.
I want to encourage all of my colleagues on both sides of the aisle
to come together to help give closure to the Koehl family, restore a
sense of honor to our national cemeteries, and improve protocol so that
an injustice like this will never happen again.
Mr. MICHAUD. Mr. Speaker, today we can take a meaningful step to
ensure the sanctity of our national cemeteries. These grounds are
hallowed for the men and women who fought selflessly on our behalf.
With that, I encourage my colleagues to support this legislation and
yield back the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I, too, encourage our colleagues
to join in support of S. 1471.
I yield back the balance of my time.
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. 1471.
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, 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, further
proceedings on this motion will be postponed.
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