[Congressional Record Volume 161, Number 90 (Monday, June 8, 2015)]
[Senate]
[Pages S3873-S3874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1822. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to 
authorize appropriations for fiscal year 2016 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe

[[Page S3874]]

military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table, as follows:

       At the end of subtitle C of title VI , add the following:

     SEC. 622. POLICIES OF THE DEPARTMENT OF DEFENSE ON TRAVEL OF 
                   NEXT OF KIN TO PARTICIPATE IN THE DIGNIFIED 
                   TRANSFER OF REMAINS OF MEMBERS OF THE ARMED 
                   FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT 
                   OF DEFENSE WHO DIE OVERSEAS.

       (a) Findings.--Congress makes the following findings:
       (1) When deployed in combat and non-combat areas, members 
     of the Armed Forces and civilian employees of the Department 
     of Defense are at risk of illness, injury, and death.
       (2) Invitational Travel Authorizations, more commonly known 
     as Invitational Travel Orders, for family members are 
     important to ensure that next of kin may travel to be at the 
     bedside of an ill or injured member of the Armed Forces 
     returning to the United States.
       (3) When a casualty occurs overseas, Invitational Travel 
     Authorizations ensure that next of kin are able to witness 
     the dignified transfer of remains at Dover Port Mortuary, 
     Delaware.
       (4) Department of Defense Instruction 1300.18 and the Joint 
     Federal Travel Regulations provide for Government funded 
     travel for next of kin to witness the dignified transfer of 
     remains at Dover Port Mortuary only when the casualty occurs 
     in a combat area, excluding deaths associated with other 
     operations or training, including humanitarian assistance and 
     disaster relief operations.
       (5) The Department of Defense Instruction and the Joint 
     Federal Travel Regulations do not reflect the realities and 
     risks of modern day deployment and contingency operations, 
     and do not provide relief for the families of members of the 
     Armed Forces and civilian employees of the Department 
     involved in so-called ``phase zero operations''.
       (b) Review of Policies.--
       (1) In general.--The Secretary of Defense shall carry out a 
     review of the current policies of the Department of Defense 
     on the travel for next of kin to participate in the dignified 
     transfer of remains of members of the Armed Forces and 
     civilian employees of the Department who die overseas.
       (2) Elements.--The review required by this subsection shall 
     include the following:
       (A) An assessment of the changes to Department instructions 
     and Federal regulations necessary to provide Government 
     funded travel to the next of kin to participate in the 
     dignified transfer of remains of members of the Armed Forces 
     and civilian employees of the Department who die overseas, 
     regardless whether the death occurred in a combat area or a 
     non-combat area.
       (B) An action plan and timeline for making the changes 
     described in subparagraph (A).
       (c) Modification of Policies.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than February 1, 2016, the Secretary of Defense shall 
     take appropriate actions to modify the policies of the 
     Department in order to provide Government funded travel for 
     the next of kin to participate in the dignified transfer of 
     remains of members of the Armed Forces and civilian employees 
     of the Department of Defense who die overseas, regardless 
     whether the death occurs in a combat area or a non-combat 
     area.
       (2) Exception.--The Secretary is not required to modify the 
     policies of the Department as described in paragraph (1) if, 
     by not later than March, 1, 2016, the Secretary certifies, in 
     writing, to the congressional defense committees that such 
     action is not in the best interest of the United States. The 
     certification shall include the following:
       (A) An assessment and reevaluation by the Secretary of the 
     rational for excluding the next of kin from Government funded 
     travel if the death of a member of the Armed Forces or 
     civilian employee of the Department overseas occurs in a non-
     combat area.
       (B) Recommendations for alternative plans to ensure that 
     the next of kin of members of the Armed Forces and civilian 
     employees of the Department who die overseas in a non-combat 
     area may participate in the dignified transfer of the remains 
     of the deceased at Dover Port Mortuary, including through the 
     actions of appropriate non-governmental organizations.
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