[Congressional Record (Bound Edition), Volume 146 (2000), Part 14]
[House]
[Pages 20540-20543]
[From the U.S. Government Publishing Office, www.gpo.gov]



                HONOR GUARD FOR VETERANS EMPOWERMENT ACT

  Mr. STUMP. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 284) to amend title 38, United States Code, to require employers 
to give employees who are members of a reserve component a leave of 
absence for participation in honor guard for a funeral of a veteran, as 
amended.
  The Clerk read as follows:

                                H.R. 284

       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 ``Honor Guard for Veterans 
     Empowerment Act''.

     SEC. 2. EMPLOYERS REQUIRED TO GRANT LEAVE OF ABSENCE FOR 
                   EMPLOYEES TO PARTICIPATE IN HONOR GUARDS FOR 
                   FUNERALS OF VETERANS.

       (a) Definition of Service in the Uniformed Services.--
     Section 4303(13) of title 38, United States Code, is 
     amended--
       (1) by striking ``and'' after ``National Guard duty''; and
       (2) by inserting before the period at the end ``, and a 
     period for which a person is absent from employment for the 
     purpose of performing funeral honors duty as authorized by 
     section 12503 of title 10 or section 115 of title 32.''.
       (b) Required Leave of Absence.--Section 4316 of such title 
     is amended by adding at the end the following new subsection:

[[Page 20541]]

       ``(e)(1) An employer shall grant an employee who is a 
     member of a reserve component an authorized leave of absence 
     from a position of employment to allow that employee to 
     perform funeral honors duty as authorized by section 12503 of 
     title 10 or section 115 of title 32.
       ``(2) For purposes of section 4312(e)(1) of this title, an 
     employee who takes an authorized leave of absence under 
     paragraph (1) is deemed to have notified the employer of the 
     employee's intent to return to such position of 
     employment.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect 180 days after the date of the 
     enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Stump) and the gentleman from Illinois (Mr. Evans) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Stump).


                             General Leave

  Mr. STUMP. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 284, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 284 would require employers to give employees who 
are a member of a reserve component a leave of absence for 
participation in an honor guard for the funeral of a veteran.
  Mr. Speaker, there has been substantial progress made over the last 
several years towards making military honors available for funerals of 
veterans. The plan adopted recently by the Department of Defense 
envisions that reservists and guardsmen will perform a substantial part 
of this important funeral duty. Under existing law, a reservist is 
entitled to job protection for absences due to military obligations. 
This bill would simply clarify that performing funerals is treated like 
any other military obligation for purposes of the law which provide 
reservists job protection.
  Mr. Speaker, I reserve the balance of my time.
  Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentleman from New York (Mr. Sweeney) for 
his leadership on this important legislation on behalf of the Nation's 
veterans and their family. As one of the House authors of the law that 
mandated standards for honor guard participation in the funerals of 
veterans, I believe this bill will help our Nation live up to its 
commitment to those veterans.
  Mr. Speaker, the bill would amend title 38, U.S. Code, to require 
employers to give employees who are members of the ready reserve a 
leave of absence to participate in honor guard funerals for veterans.
  It is sad when a veteran of the armed services dies. Often his or her 
family wants a simple honor guard to accompany that service. It is 
sadder still when no such honor guard can be provided.
  This bill would make provisions for such an honor guard without 
requiring the Department of Defense to send active-duty personnel for 
the task. Members of the reserve components, veterans themselves, can 
volunteer to provide those honors.
  Mr. Speaker, H.R. 284 is a bipartisan effort to honor our Nation's 
veterans and their families for their sacrifices. I strongly support 
H.R. 284, as amended, and urge my colleagues to approve this important 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STUMP. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New York (Mr. Sweeney), the author of H.R. 284, for 
further explanation.
  Mr. SWEENEY. Mr. Speaker, I thank the gentleman from Arizona 
(Chairman Stump) for yielding me this time.
  Mr. Speaker, I rise today to ask my colleagues to support H.R. 284, 
the Honor Guard for Veterans Empowerment Act.
  First, I want to give my heartfelt thanks to the gentleman from 
Arizona (Chairman Stump). I know it was his great efforts that got this 
bill to the floor today on suspension, and the gentleman from Illinois 
(Mr. Evans), ranking member, for all of their work in assisting me to 
bring this legislation to the floor today.
  Mr. Speaker, H.R. 284 codifies the performance of voluntary inactive-
duty funeral honors by reserve component members as protected under 
title 38, chapter 43 of the United States Code.
  H.R. 284 makes sense because it clarifies current law. It protects 
members of our reserve forces. It educates employers and requires no 
government spending. Finally, it supports our Nation's veterans.
  Mr. Speaker, we know that our veteran population is growing older. We 
know that more of these heroes are beginning to pass away. The 
Department of Veterans Affairs expects the annual veteran death rate to 
peak at 614,000 in the year 2008. That averages out to about 1,700 
veterans' funerals each day by the year 2008.
  Mr. Speaker, with this trend comes increasing requests by veterans 
and their families for military honors at funerals. The Department of 
Defense estimates these funeral requests could reach anywhere from 
270,000 to 465,000 per year by 2008.
  Coupled with the increasing death rate, there has also been a 
shrinking of our active duty military forces. The active duty military 
has declined by 1.4 million today, a 35 percent decrease from 1989.
  Active duty forces are just not available in sufficient quantity to 
perform the enormous number of military honor funerals which are being 
anticipated to occur over the next several years. That is why we 
introduced H.R. 284.
  This year, the Department of Defense, as well, implemented new 
policies on military honor funerals, Mr. Speaker. At a minimum, the 
military now must send two service members, a flag, a recording of Taps 
to be played at each veterans funeral service. At least one of the two-
member honor guard must be from the service of the deceased veteran.
  The combination of an increased veteran death rate and reduction in 
active duty forces has placed us in a troubling situation. We have 
committed support to our veterans, yet appear not to have the active 
duty forces to provide adequate funeral honors for veterans who deserve 
it.
  As a result, the Department of Defense is increasingly turning to its 
reserve component to assist with the performance of these honored 
burial duties. In fact, it is hard to imagine how the new burial 
policies would succeed without the enthusiastic support and 
participation of reservists.
  Mr. Speaker, the ready reservists represent a quality force of nearly 
1.3 million soldiers, sailors, and airmen who can assist with the 
performance of honor guard duty at a veteran's funeral.
  The Department of Defense is developing a statistical program to 
track the number of funeral honors performed by the service. That 
information is currently unknown, but I can tell my colleagues those 
numbers will grow rapidly in the next several years.
  Current defense policy allows reservists to receive a $50 stipend, 
one retirement point, and travel reimbursement for expenses if they 
travel over 50 miles from home during the performance of the funeral 
duties for a veteran.
  These soldiers are placed on inactive duty status and perform a 
function on a voluntary basis without a full day's pay, primarily out 
of patriotism, Mr. Speaker, and respect for our veteran population.
  The compensation they receive, I should point out, is hardly enough 
to risk losing a full-time civilian job should their employer balk at 
the prospect of the service member missing a day of work. H.R. 284 
addresses that potential service member-employer situation.
  H.R. 284 clarifies title 38, United States Code, chapter 43 regarding 
employment and reemployment rights of members of the uniformed services 
by ensuring reserve component members performing voluntary inactive-
duty funeral honors duty are protected.
  This bill provides an additional incentive for reserve component 
members to perform burial service duty and

[[Page 20542]]

educates employers about the reservists' vital role in these funerals.
  Before closing, let me briefly mention the amendments to the version 
of H.R. 248 which is before us today.
  After substantial discussion with the Department of Defense and the 
Department of Labor, it was determined that two technical corrections 
were necessary to fine-tune this legislation. Based on the Department's 
recommendations, we have inserted the leave of absence language and 
specific duty authorization language into section 4303, subsection 13 
of title 38, as well as section 4312. These changes help clarify title 
38.
  H.R. 284 makes sense, Mr. Speaker, because it clarifies current law, 
protects members of our reserve forces, educates employers, creates no 
new government spending, and supports our Nation's veterans. I ask my 
colleagues to support its passage.
  Mr. Speaker, in closing, I again want to give my substantial thanks 
to the gentleman from Arizona (Chairman Stump) and to the gentleman 
from Illinois (Mr. Evans), ranking member, for assisting me in bringing 
this legislation to the floor. I would also like to thank the members 
of the committee for moving on this. Finally, I would like to thank the 
over 100 members who cosponsored this important legislation.
  The Honor Guard for Veterans Empowerment Act is an important effort 
to protect the reserve component service members, educate and motivate 
employers, and support our veteran population.
  Mr. EVANS. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from California (Ms. Sanchez).
  Ms. SANCHEZ. Mr. Speaker, I cannot tell my colleagues how many times 
I have received a phone call to my office from somebody whose father or 
brother or sister are now deceased, who have been a veteran, and the 
phone call has usually been about trying to get an honor guard to the 
funeral.
  Usually they are distraught because, of course, when we go through 
something like that, especially for someone who has served with honor 
in the military, and not to be able to have an honor guard at their 
funeral seems unjust. And, in fact, it is.
  In the year 2000 Defense authorization bill, we actually wrote 
legislation, we wrote some words that talked about each and every 
veteran having an honor guard at their funeral. Well, that is because 
it is a promise that we made. It is something for our country to 
uphold.
  But due to the large and aging population of World War II and Korean 
veterans, we anticipate about 600,000 funerals this year. What that 
means is, as we have cut back on our current service personnel, and as 
we send them around the world, we have fewer and fewer of them around 
to help with that duty at funerals. So we have begun to rely on our 
reservists to help with this. The more the reservists go out to conduct 
that, the more time actually they have to spend away from their 
employment.
  So this is really a resolution to let employers know how important it 
is for our reservists to take the time to go and honor the commitment 
that this Nation has made. It is important for us to explain to 
employers. It is important for Americans to understand that we are 
trying to hold to that commitment. It is important that, when duty 
calls, reservists do not jeopardize their jobs.
  This Nation and this Congress must stand behind our reservists. That 
is why I would ask my fellow colleagues to approve House Resolution 
284, because it is a reaffirmation of great honor to those who have 
served with honor to our country. Congress reaffirms that; and when we 
do that, America reaffirms the work that these veterans have done.
  I support this bill, and I urge my colleagues to support the bill 
also.
  Mr. STUMP. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New York (Mr. Quinn), the chairman of our Subcommittee 
on Benefits.
  Mr. QUINN. Mr. Speaker, I want to begin by thanking the gentleman 
from Arizona (Mr. Stump) and the gentleman from Illinois (Mr. Evans) 
for their normal bipartisan approach to this issue here this morning, 
as we always approach these issues in the Committee on Veterans Affairs 
in the Congress.
  Also, besides thanking the gentleman from Arizona and the gentleman 
from Illinois, it is an opportunity for me to thank the gentleman from 
New York (Mr. Sweeney) from the Saratoga region of New York, who just 
opened, by the way, a brand-new national cemetery in Saratoga, New 
York, Mr. Speaker, this past year, and understands clearly what it is 
about to pay tribute to veterans who have served their country.
  So I join in support from the Subcommittee on Benefits' perspective 
to support H.R. 284 this morning, the Honor Guard for Veterans 
Empowerment Act, and also urge all of our colleagues later today to 
vote in the affirmative on this.
  In the Subcommittee on Benefits, Mr. Speaker, we have had opportunity 
this past year or two to visit this whole discussion of burial for our 
veterans. It is interesting to me when we have an opportunity, and just 
last year a number of us traveled over to Arlington to view right here 
in D.C. and over in Arlington, Virginia, the situation for burials in 
the columbarium as well as full burial service.
  It is interesting for us to see on the committee the support we get 
when we bring bills like this to the floor and the support that we need 
during the course of the year to make certain that we budget the kind 
of money, the kind of personnel that would be necessary to make certain 
when we have an opportunity that we treat our veterans the way they 
should be treated, with dignity and with honor.

                              {time}  1045

  That is why the gentleman from New York (Mr. Sweeney) has really hit 
the mark this morning with a common sense approach to this issue. He 
understands what that means, and we all owe him a debt of gratitude.
  It is also an opportunity for me to just take a few brief moments 
this morning to talk about other work on the subcommittee. We, from 
time to time, debate here on the floor, and certainly back in our 
district, I know in Buffalo, New York and Saratoga, New York and 
Arizona and Illinois and other places have a chance to discuss whether 
or not we are meeting the needs of our veterans when it comes to health 
care, for example; when it comes to education benefits for our 
veterans; when it comes to housing benefits; or whether or not we are 
discussing the important issue of homelessness among our veterans.
  Fully one-third of the homeless people in this country are veterans. 
So we will agree to disagree sometimes about whether or not we have 
full funding or adequate funding for health coverage, for education 
benefits, for housing benefits for the homeless veterans, but when it 
comes to burial, when it comes time, as the gentlewoman from California 
(Ms. Sanchez) just pointed out a few moments ago, to talk about the 
family that remains after a veteran passes on, we really need to step 
up to the plate and make certain that these veterans and their families 
are given the honor and dignity that they deserve.
  The gentleman from New York (Mr. Sweeney) brings us a bill this 
morning that does exactly that and, at the same time, makes certain 
that our reservists are also given the opportunities that they need to 
protect the job back home, and to make certain that they have done what 
they have done for their families at the right time and place.
  H.R. 284, then, is that bipartisan approach that we talk about so 
often here in the House of Representatives. I am happy to join, and my 
colleague, the gentleman from California (Mr. Filner), the ranking 
member on the Subcommittee on Benefits, joins me this morning and all 
others in supporting H.R. 284. This is common sense approach to making 
certain that dignity and honor is afforded to the veterans in our 
country.

[[Page 20543]]

  Mr. Speaker, I want to thank the chairman of the committee, the 
gentleman from Arizona (Mr. Stump), and the ranking member, the 
gentleman from Illinois (Mr. Evans), as well as the gentleman from New 
York (Mr. Sweeney).
  Mr. EVANS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume, 
and I want to thank again the gentleman from Illinois (Mr. Evans), the 
ranking member, and the gentleman from New York (Mr. Quinn), the 
chairman of the subcommittee, as well as the ranking member of that 
subcommittee for all their work in bringing this to the floor.
  I also want to commend the gentleman from New York (Mr. Sweeney) for 
all the hard work he has done and for sponsoring this bill, as the 
chief sponsor.
  Mr. Speaker, this may be the last bill the Committee on Veterans' 
Affairs brings to the House floor under suspension, and I believe we 
can be very proud of the legislative achievements we have passed in the 
House during this last 106th Congress. From health care, to disability 
compensation and national cemetery issues, the House has maintained its 
bipartisan tradition. By working together, with the best interest of 
veterans in mind, and putting partisan politics aside, Congress has 
improved the lives of veterans and their families throughout the 
Nation.
  I want to express my appreciation to the leadership of this House, to 
the members of the committee, and especially to the chairmen of the 
subcommittees and their ranking members. And I want to single out and 
offer a special note of thanks to the gentleman from Illinois (Mr. 
Evans), the ranking Democrat of the Committee on Veterans' Affairs, for 
all his work and for the legislation that we have been able to enact. 
He and his staff have been truly great to work with this year, as well 
as previous years. He is thoroughly committed to improving the lives of 
veterans; and due to his contributions to the legislative process, we 
have improved our work products immensely.
  I want to acknowledge the contribution of the majority staff for this 
committee's work. Staff plays a key role in getting bills enacted, and 
it is important to recognize the contribution they make to the 
legislative process, and I thank them all for the work that they have 
done this year. That said, Mr. Speaker, I urge my colleagues to support 
H.R. 284.
  Mr. PICKERING. Mr. Speaker, I rise today, as a cosponsor of H.R. 284, 
to support this measure, the ``Honor Guard for Veterans Empowerment 
Act.'' This bill does a tremendous service to the men and women who so 
honorably served our country to preserve the freedom and prosperity we 
enjoy today. There is no doubt that those women and men deserve to have 
an Honor Guard funeral on their burial day. The Honor Guard for 
Veterans Empowerment Act is a critical piece in fulfilling this 
countries obligation to our Veteran community.
  As the member who represents Congressman Sonny Montgomery's district 
I am proud to continue his legacy as a defender of our Veterans' 
rights. I believe this legislation continues the work he left in 
defending and honoring those who served this country in the time of 
greatest need.
  I strongly support the Defense Departments January 1st, 2000 
decision, ensuring that all veterans desiring a military funeral will 
have the opportunity. This legislation makes that commitment viable. 
H.R. 284 responds to the 21% growth in request for an honor guard 
funeral. It is critical that we have the resources to provide the 
greatest generation with the honor they are due on the day they are 
laid to rest.
  Mr. KUCINICH. Mr. Speaker, I strongly support H.R. 284, which will 
allow Reservists to serve at military funerals by granting them the 
necessary release of time from their civilian jobs. Active military 
personnel are shrinking in numbers and the number of funerals performed 
are rising each year. Add to this the new policy adopted by the 
Department of Defense ensuring that all veterans receive a proper 
military honor funeral, and we must call upon the Reservists to perform 
occasionally in this capacity. These people should be supported for 
their willingness to serve this function and this bill will protect 
them in regard to their civilian employers. For these reasons I urge 
passage of this important bill.
  Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 284, 
the Honor Guard for Veterans Empowerment Act. I urge my colleagues to 
join in supporting this urgently needed legislation.
  H.R. 284 sets in statute language protecting the performance of 
voluntary inactive-duty funeral honors by Reserve component members. 
This is an important development in light of the increase in military 
funerals over the past 2 years.
  Last year the Congress passed legislation requiring the Department of 
Defense to provide personnel for military funerals whenever an eligible 
veteran's family made such a request. However, manpower shortages in 
our active duty forces have made fulfillment of this task problematic.
  Moreover, the number of requests by veterans and their families for 
military honors at funerals is on the rise. During the first 6 months 
of 2000, the number of such requests was 21 percent higher over the 
same period in the previous year.
  As a result of these two factors, the Department of Defense has had 
to place an increasing reliance on its Reserve components for the 
performance of their duties. Yet current regulations do not reflect 
this reality, offering small compensation to the Reservist in exchange 
for the possible loss of a full-time job.
  H.R. 284 protects Reservists by ensuring the performance of voluntary 
inactive-duty funeral honors by Reserve component members is protected 
under title 38, United States Code, chapter 43. It also offers 
additional incentives to reservists for the performing of these duties, 
and educates employers about the vital role played by reservists in 
veterans funerals.
  Mr. Speaker, since this legislation is desperately needed, I urge my 
colleagues to lend it their wholehearted support.
  Mr. STUMP. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Bass). The question is on the motion 
offered by the gentleman from Arizona (Mr. Stump) that the House 
suspend the rules and pass the bill, H.R. 284, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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