[Congressional Record (Bound Edition), Volume 159 (2013), Part 13]
[House]
[Pages 18407-18409]
[From the U.S. 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.
       ``(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-

[[Page 18408]]

     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 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

[[Page 18409]]

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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