[House Hearing, 113 Congress]
[From the U.S. Government Publishing Office]
FOCUSED ISSUES ON DIGNIFIED BURIALS: A NATIONAL CEMETERY UPDATE
=======================================================================
HEARING
before the
SUBCOMMITTEE ON DISABILITY ASSISTANCE AND MEMORIAL AFFAIRS
of the
COMMITTEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRTEENTH CONGRESS
FIRST SESSION
__________
WEDNESDAY, OCTOBER 30, 2013
__________
Serial No. 113-40
__________
Printed for the use of the Committee on Veterans' Affairs
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COMMITTEE ON VETERANS' AFFAIRS
JEFF MILLER, Florida, Chairman
DOUG LAMBORN, Colorado MICHAEL H. MICHAUD, Maine, Ranking
GUS M. BILIRAKIS, Florida Minority Member
DAVID P. ROE, Tennessee CORRINE BROWN, Florida
BILL FLORES, Texas MARK TAKANO, California
JEFF DENHAM, California JULIA BROWNLEY, California
JON RUNYAN, New Jersey DINA TITUS, Nevada
DAN BENISHEK, Michigan ANN KIRKPATRICK, Arizona
TIM HUELSKAMP, Kansas RAUL RUIZ, California
MARK E. AMODEI, Nevada GLORIA NEGRETE MCLEOD, California
MIKE COFFMAN, Colorado ANN M. KUSTER, New Hampshire
BRAD R. WENSTRUP, Ohio BETO O'ROURKE, Texas
PAUL COOK, California TIMOTHY J. WALZ, Minnesota
JACKIE WALORSKI, Indiana
Jon Towers, Staff Director
______
SUBCOMMITTEE ON DISABILITY ASSISTANCE AND MEMORIAL AFFAIRS
JON RUNYAN, New Jersey, Chairman
DOUG LAMBORN, Colorado DINA TITUS, Nevada, Ranking
GUS M. BILIRAKIS, Florida Minority Member
MARK AMODEI, Nevada BETO O'ROURKE, Texas
PAUL COOK, California RAUL RUIZ, California
GLORIA NEGRETE MCLEOD, California
Pursuant to clause 2(e)(4) of Rule XI of the Rules of the House, public
hearing records of the Committee on Veterans' Affairs are also
published in electronic form. The printed hearing record remains the
official version. Because electronic submissions are used to prepare
both printed and electronic versions of the hearing record, the process
of converting between various electronic formats may introduce
unintentional errors or omissions. Such occurrences are inherent in the
current publication process and should diminish as the process is
further refined.
C O N T E N T S
__________
October 30, 2013
Page
Focused Issues On Dignified Burials: A National Cemetery Update.. 1
OPENING STATEMENTS
Hon. Jon Runyan, Chairman, Disability Assistance and Memorial
Affairs........................................................ 1
Prepared Statement of Hon. Runyan............................ 39
Hon. Dina Titus, Ranking Minority Member, Subcommittee on
Disability Assistance and Memorial Affairs..................... 3
Prepared Statement of Hon. Titus............................. 40
WITNESSES
Patrick K. Hallinan, Executive Director of Army National
Cemeteries Program, U.S. Department of Defense................. 5
Prepared Statement of Mr. Hallinan........................... 41
Glenn Powers, Deputy Under Secretary for Field Programs, National
Cemetery Administration, U.S. Department of Veterans Affairs... 11
Prepared Statement of Mr. Powers............................. 45
Todd Kleismit, Director of Community & Government Relations, Ohio
Historical Society............................................. 27
Prepared Statement of Mr. Kleismit........................... 48
Ray Kelley, Director of National Legislative Service, Veterans of
Foreign Wars................................................... 29
Prepared Statement of Mr. Kelley............................. 49
Ami Neiberger-Miller, Director of Outreach and Education, Tragedy
Assistance Program for Survivors............................... 31
Prepared Statement of Ms. Neiberger-Miller................... 51
Diane M. Zumatto, National Legislative Director, AMVETS.......... 32
Prepared Statement of Ms. Zumatto............................ 61
STATEMENTS FOR THE RECORD
Mr. Paul LaRue, Washington High School Educator/Researcher,
Washington Court House, Ohio................................... 63
Mr. Jeff Richman, Green-Wood Cemetery Historian.................. 71
MATERIALS SUBMITTED FOR THE RECORD
Letter From: Steve L. Muro, Department of Veterans Affairs, Under
Secretary for Memorial Affairs, Washington, DC................. 75
FOCUSED ISSUES ON DIGNIFIED BURIALS: A NATIONAL CEMETERY UPDATE
Wednesday, October 30, 2013
U.S. House of Representatives,
Committee on Veterans' Affairs,
Subcommittee on Disability Assistance
and Memorial Affairs,
Washington, D.C.
The Subcommittee met, pursuant to notice, at 10:11 a.m., in
Room 334, Cannon House Office Building, Hon. Jon Runyan
[Chairman of the Subcommittee] presiding.
Present: Representatives Runyan, Titus, O'Rourke, Negrete-
McLeod.
Also Present: Representatives Stivers, Daines, Brooks.
OPENING STATEMENT OF CHAIRMAN RUNYAN
Mr. Runyan. Good morning and welcome, everyone. This
oversight hearing in the Subcommittee on Disability Assistance
and Memorial Affairs will now come to order.
We are here today to examine the issue facing our military
and veteran cemeteries. Our goal in this hearing is to learn
more about the operations of the National Cemetery
Administration in recent months as well as seek the
administration's commentary on several focus issues that I will
highlight momentarily.
We also wish to welcome Mr. Hallinan in his new role as the
executive director of the Army National Military Cemeteries and
to hear about his work and his vision for continuing the
honorable mission of Arlington National Cemetery.
Previously Mr. Hallinan worked side by side with former
director, Ms. Katherine Condon, and together they provided
revitalization, leadership, and structure to an operation that
had been plagued by mismanagement.
Prior to that, he worked alongside Under Secretary Muro
with the National Cemetery Administration where he developed
various positions from laborer to cemetery director.
So, Mr. Hallinan, welcome and we look forward to hearing
from you today.
The endeavors of the NAC and ANC are among the most
honorable in government. People within these organizations work
day in and day out to honor our veterans and servicemembers
with dignified burials, to assist families and loved ones who
must deal with their loss and tremendous grief.
I would like to take a moment to acknowledge a few people
that have come to sit in the audience for our hearing here
today. Ms. Lauri Laychak who lost her husband, Dan Laychak, on
9/11 in the Pentagon is here today.
Through Tafts, Lauri mentors other widows whose spouses
have been buried within Section 60 of Arlington National
Cemetery.
Ms. Paula Davis is a surviving mother who lost her only
child, army private Justin Davis, in Afghanistan in 2006 at age
19. He is also buried in Section 60 of Arlington National
Cemetery.
And Ms. Rose Duval who is a Vietnam veteran herself, a
surviving mother of an air force technical sergeant, Scott
Duffman, who died in Afghanistan in 2007, who is also buried in
Section 60 of Arlington National Cemetery.
Ms. Laychak, Ms. Davis, Ms. Duval, we truly thank you for
engaging in this issue not only for your loved ones in
Arlington National Cemetery but also for the interest of so
many families and friends who have suffered tragic loss and who
in earnest Arlington National Cemetery and the National
Cemetery Administration to assist them in honoring and
memorializing their loved ones.
As I have said before, the Nation's solemn obligation to
honor those who have served does not cease at the end of their
service, retirement, or ultimately upon death. It is the
responsibility of the National Cemetery Administration and the
Arlington National Cemetery to see this commitment through.
Significantly today this Committee is interested in hearing
from the National Cemetery Administration and several focused
areas of which is the burial access initiative for rural
veterans in an attempt to provide service to veterans who do
not live in close proximity to a national cemetery.
The NCA has proposed to establish national veterans' burial
grounds in rural areas where veterans' populations is at least
25,000 within a 75 mile area. This initiative targets Idaho,
Montana, Nevada, North Dakota, Maine, Utah, Wisconsin, and
Wyoming.
I look forward to hearing more about the progress of this
initiative.
In addition, other issues have come to light since our last
hearing, one of which is a matter of great sensitivity. The
Subcommittee has been made aware of a terrible incident that
occurred in Indiana in May of 2013 that a veteran shot and
killed a woman in what was reported as a random act of
violence. He wounded several others and ultimately took his own
life.
Although the law restricts an individual who commits a
capital crime from being buried in an NCA cemetery or within
Arlington National Cemetery, this murderer was interred in Fort
Custer National Cemetery. This has understandably been engaged
in deeply and hurt many people including those injured as well
as the murder victim's family.
What can be done in situations such as this and what
authority should exist to correct the unlawful interments and
occur by way of errors? This is a matter that the Committee
seeks information upon today.
One other area that will be addressed in today's hearing is
the concern that we hear from volunteer historians, local
governments, and funeral professionals who seek to identify and
recognize veterans buried with no next of kin.
In April, we held a hearing and spoke about the NCA
regulation that has prevented these groups from obtaining
headstones and markers for veterans. At that time, the
Committee was informed that NCA was looking at regulation
rewrite to correct what had become an overly restrictive policy
that prevents well-intentioned volunteers or government
entities from obtaining these markers.
This is a matter of ongoing concern and we will hear
testimony on this today.
I would like to welcome our witnesses. As noted, these
panelists play significant roles in ensuring that the Nation
fulfill its responsibilities to honor those who have served us
all.
We hope throughout discussion and questioning such will
occur today. We work collectively not only to meet the
challenges, but to exceed the standards.
Mr. Patrick Hallinan is representing the Army National
Cemetery Program which includes perhaps the most recognizable
site in honor of our fallen at Arlington National Cemetery.
Mr. Glenn Powers, deputy under secretary of Field Programs
is here on behalf of the National Cemetery Administration which
oversees 131 cemeteries nationwide.
We will also be hearing from Mr. Todd Kleismit, director of
Community and Government Relations for the Ohio Historical
Society; Mr. Ray Kelley who is the director of National
Legislative Services with the VFW; Ms. Amy Neiberger-Miller who
is the director of Outreach and Education with the Tragedy
Assistance Program for Survivors; and Ms. Diane Zumatto who is
the legislative director for AMVETS.
Finally, statements for the record have been received from
Washington High School educator Mr. Paul LaRue and Greenwood
Cemetery historian, Mr. Jeff Richman.
With those introductions complete, I also thank Members who
are not on this Committee but who have expressed an interest in
today's hearing. I would like to ask unanimous consent
Representatives Stivers, Brooks, and Daines be allowed to
participate in the hearing today. Hearing no objection, so
ordered.
I thank all of you for being here today and I now yield to
the Ranking Member for her opening statement.
[The prepared statement of Chairman Runyan appears in the
Appendix]
OPENING STATEMENT OF HON. DINA TITUS
Ms. Titus. Thank you, Mr. Chairman, and thank you for
holding a hearing on this important topic.
I also want to thank the witnesses who have come today and
for their tireless advocacy on this issue.
It is my belief like yours, Mr. Chairman, that option of a
burial in a VA national cemetery in one's home state is a
solemn obligation that our government should fulfill.
The National Cemetery Administration has grown dramatically
since its creation in 1986 when 14 cemeteries were established
to provide a permanent resting place for those killed during
the Civil War.
On July 17th of that year, Congress enacted legislation
that authorized the President to purchase additional cemetery
grounds to be used as national cemeteries for our servicemen
and women.
In 1873, all honorably discharged veterans became eligible
for burial in these sacred places. Since then, the NCA has
expanded its geographic diversity to better serve veterans
across the country and currently operates 131 national
cemeteries in the United States.
New York has seven active national cemeteries. Three other
states have six each and Puerto Rico has two.
While access has grown significantly and we do appreciate
that, there is still a very large population of veterans who do
not have the option of being buried in one of our Nation's
prestigious national cemeteries in the state that they call
home.
The state with the largest veterans' population without a
national cemetery happens to be my state of Nevada which is
home to a growing population of over 300,000 veterans and I
represent Las Vegas where 170,000 veterans reside.
In total, there are 11 states with a combined veteran
population of 1.8 million that are not served by a national
cemetery. Now, more than half of those states are in the west,
Nevada, Idaho, Utah, Montana, Wyoming, and North Dakota.
Now, that sounds bad enough, but if you look at a map,
those states are very large states. So it is a huge swath of
the country where there is no access to a national cemetery or,
if there is, it is very, very, very far away.
Now, while I applaud the VA's efforts to reach under-served
populations, I am also concerned that the NCA is not working
closely enough with local veterans' communities as they
determine new locations for the so-called rural initiative.
For example, I wonder has the VA asked the Nevada and Idaho
veteran communities if they agree that the rural initiative
should be out in Elko or in Twin Falls. I am hopeful that the
NCA will engage our local veterans with regards to the
placement of these shrines, especially in western states that
have been overlooked for far too long by the NCA.
It is also very concerning to me that the NCA surveys only
the families of veterans who have chosen to utilize a national
cemetery while totally ignoring those who chose a different
option to a final resting place.
This is going to skew the results of any so-called poll
that you do. If the NCA hopes to offer options that serve all
veterans and their families, the self-selecting survey is going
to fail to provide any honest feedback for those
determinations.
So I hope to hear an update from NCA on any plans you have
to better address our western veterans' lack of an option to be
buried in a national cemetery.
Let's remember all these veterans and servicemembers served
our Nation not just those kind of east of the Mississippi.
As such, with over 130 national cemeteries, I think it is
time that we look very seriously about opening one that is
going to be available to the 1.8 million, 1.8 million veterans
who do not have this option.
Thank you, Mr. Chairman. I yield back.
[The prepared statement of Hon. Dina Titus appears in the
Appendix]
Mr. Runyan. Thank the gentle lady.
At this time, I would like to welcome our first panel to
the witness table. And first we are going to hear from Mr.
Hallinan and then we will hear from Mr. Powers. Your complete
written statements have been entered into the hearing record.
And, Mr. Hallinan, I know we had a conversation. Your
testimony is a little long and I will be lenient with the red
light because we really do want to hear what you have to say.
So with that, you are now recognized.
STATEMENTS OF PATRICK K. HALLINAN, EXECUTIVE DIRECTOR OF ARMY
NATIONAL CEMETERIES PROGRAM, U.S. DEPARTMENT OF DEFENSE; GLENN
POWERS, DEPUTY UNDER SECRETARY FOR FIELD PROGRAMS, NATIONAL
CEMETERY ADMINISTRATION, U.S. DEPARTMENT OF VETERANS AFFAIRS
STATEMENT OF PATRICK K. HALLINAN
Mr. Hallinan. Mr. Chairman, I appreciate your leniency and
that of the Subcommittee.
Chairman Runyan, Ranking Member Titus, and distinguished
Members of the Subcommittee, thank you for the opportunity to
provide an update on operations at Arlington National Cemetery
and our efforts to sustain the sacred trust of our veterans and
their families.
Since Ms. Condon provided her final testimony as executive
director of Army National Military Cemeteries to this
Subcommittee a year ago, I have been honored and humbled by my
selection as the new executive director.
The transition of leadership has been smooth and effective,
providing a continuity of operations as we build upon the
successes of our recent past to better serve veterans,
families, and the visiting public.
I am pleased to testify alongside my former colleague, Mr.
Glenn Powers, deputy under secretary for Field Programs of the
National Cemetery Administration.
I would also like to thank Mr. Steve Muro, the under
secretary for Memorial Affairs, my friend and colleague for
many years, for his support of Arlington National Cemetery.
Through the positive working relationship of Arlington
National Cemetery, the National Cemetery Administration, we
have trained staff, shared ideas and best practices, and
provided opportunities for employees to permanently move across
organizational boundaries.
Building upon the foundation of dedicated efforts, each of
us are privileged to serve the Nation as caretakers of our
Nation's sacred shrine at Arlington.
We remain committed to the constant improvement of
operations. During the past seven months, my team has
identified and created industry leading standards with laudable
business practices and institutionalized them at Arlington.
We have designed and implemented stringent chain of custody
controls and multiple points of redundancy to ensure
accountability and zero defect tolerance.
We have instituted processes that have reduced the time for
the placement of headstones from multiple months after service
to an average of 45 days.
We continue to perfect information technology and provide
interactive capabilities to the general public.
In August of this year, I approved the 2013 Arlington
National Cemetery master plan which identifies the way forward
to repair and replace our aging infrastructure and complete two
significant expansion projects to increase burial capacity at
Arlington and extend the active life of the cemetery.
We continue to perfect our organizational inspection
program which will capture army doctrine, the current standards
and practices in place at Arlington, and facilitate the
implementation of those standards and practices at all 40 army
post cemeteries nationwide.
My team is dedicated to improving the Arlington experience
for our visitors and perfecting our logistical and
administrative best practices. We are focused on our core
mission.
The pace of requests and burials at Arlington remains at an
all time high and our workforce is meeting that challenge.
Arlington will fill our current vacancies to include key
positions, refine cemetery operations, expand our robust
training program, and institutionalize cemetery experience.
As the director of the Army National Military Cemeteries, I
will provide training and assistance to our post cemeteries
while implementing an inspection program across those army
cemeteries in keeping with the high standards of Arlington.
The progress we have made at Arlington could not have been
achieved without the excellent support and assistance of the
secretary of the army and the big army.
Additionally I wish to acknowledge the military district of
Washington joint forces, our army, navy, marine corps, air
force, and coast guard for their superb service day in and day
out.
With the guidance of the advisory council at Arlington
National Cemetery along with the invaluable efforts of our
chaplains and Arlington ladies, we form a committed and united
team, providing our Nation's fallen with the honors they have
earned through their service to our Nation.
Arlington National Cemetery team is building on the
foundation of success achieved with the 100 percent
accountability for all decedents interred or inurned at
Arlington National Cemetery and the soldier and airmen's home
national cemetery.
Using established accountability process and geospatial
mapping, an intensive two-year effort to achieve 100 percent
accountability efforts at Arlington were completed in the
summer of 2012.
Our personnel certify each burial service-conducted daily
using a duplicative verification of grave location and decedent
remains. Additionally, we digitally photograph every remain's
container and digitally associate that image with the burial
record in our authoritative system of record.
To sustain 100 percent accountability and export our best
practices to other army cemeteries, Arlington is perfecting and
expanding our organizational inspection program.
Arlington National Cemetery continues to use and refine our
detailed inspection program as well as standards and measures
program to self-evaluate operations, performance measures at
Arlington, and the soldier and airmen's home national cemetery.
Our team began our detailed effort in 2013 to transform the
Arlington National Cemetery, focus process and programs into an
appropriate inspection program applicable to the other 40 army
post cemeteries.
We have an expected completion date 31 December 2013. Upon
completion of the inspection program, we will begin a
systematic train and assist and inspection program across all
army cemeteries.
The Army National Military Cemetery led inspection program
will complement and not replace the local installation
commander's programs.
With our ongoing work with the organizational inspection
program, updates to our authoritative regulations and policies,
we also look to improve and expand our training programs.
Arlington National Cemetery established a training program
for new employees in 2013. This recurring training program
centered on ANC's standard measures and programs which will
form the backbone of the Army National Military Cemeteries
Program.
The training will be conducted at Arlington National
Cemetery and will provide authoritative training and best
practices, standards and procedures, complementing the
information found in the army regulations and Department of
Army pamphlet.
This in-person, on-the-ground training will provide a clear
picture of operational standards and norms for our national
military cemetery.
Attendees that successfully complete the training will
receive Army National Military Cemeteries' certificate of
training.
In March of 2013, Arlington National Cemetery began
directly ordering government headstones and niche covers from
the Department of Veterans Affairs' contractors to result in a
more timely and accurate ordering of headstones.
Prior to conducting a funeral service, cemetery
representatives work with the family and primary next of kin or
a person designated to direct disposition of remains using an
automated headstone designer tool to create a proposed
headstone template.
After the template is agreed upon, we wait two weeks from
the date of the service to allow families the opportunity to
change the terms of endearment or other items of personal
preference on a headstone.
Following this designed intentional wait time, our
interment service branch staff reviews, approves, and submits
the order to the Department of Veterans Affairs' contractor.
The average time from date of interment to the setting of
headstones is now 45 days. Previously it took four to six
months.
Ongoing planning and design for cemetery expansion and the
infrastructure in the future, the army remains committed to
maintaining Arlington National Cemetery as an active cemetery
for as long as possible to continue to honor and serve our
Nation's military heroes.
In support of that commitment last year, we completed the
construction of Columbarium Court 9. This new columbarium added
20,296 burial niches for cremated remains and extended the
cemetery's projected capability to access cremated remains from
2016 to 2024.
During our May 9th, 2013 Columbarium Court 9 dedication,
Arlington National Cemetery with the support of the Missing
American Project inurned with honor six unclaimed remains from
all branches of our Armed Forces, a most fitting tribute to
these deserving servicemembers.
This columbarium was special in two ways. Not only is it
the largest columbarium court at the cemetery, but it was
constructed and funded entirely from the recovery of
unliquidated prior year funds, demonstrating our commitment to
appropriately manage and utilize all available funding to
improve the cemetery.
Thus far, we have been honored to place over 225
servicemembers or family members in Court 9.
Working closely with the U.S. Army Corps of Engineers,
National Park Service, Commission of Fine Arts, and the
National Capital Planning Commission, our advisory committee,
we have completed planning for the millennium project, the
expansion project in the northern part of the cemetery.
There were several iterations of design concepts for this
project as the cemetery tried to balance the need for
increasing burial capacity while at the same time being
environmentally responsible, incorporating and protecting the
area's natural beauty and historic nature into the design.
A construction contract was awarded in September and work
will commence shortly. When construction is completed, it will
add approximately 27,282 new burial opportunities.
With the millennium project construction on the way, we
have begun planning an expansion on the southern side of the
cemetery into land formerly occupied by the navy annex. We are
in the early stages of the project planning and the demolition
of previous facilities not scheduled to be completed until
early 2014.
As evidenced with the millennium project, the dedication of
the project team, continuous stakeholder involvement, we will
create a project concept that is both appropriate to the
expansion of the cemetery and a place of honor for our veterans
and their families.
Although it is too early to tell what the final development
will yield for the navy annex, we project that with the
millennium expansion and the re-purposed former navy annex
site, the cemetery will have the first interment space
available through the mid 2050s.
Arlington continues to work diligently to complete the most
critical repairs to our aging infrastructure. Previously we
know to work on water lines, flagstones, heating and cooling
systems, but much work still needs to be accomplished.
We have recently begun work on the second of five phases of
our water line replacement. We have work on the way to address
several years of deferred maintenance on our parking garage and
we will begin shortly to address additional phases of flagstone
replacement, both of which improve the safety and appearance of
the cemetery.
Our priorities for maintenance and repair work continue to
focus on the mission, safety, and environmental protection.
With your great support, we have been able to make many
improvements to the aging infrastructure of the cemetery,
improving the safety of our grounds and protecting the
environment.
More work is required, some of which may be emergent. For
instance, on May 30th, my staff arrived at the cemetery to find
a sinkhole in the middle of one of our roads. Investigation of
the sinkhole revealed an area of many previous superficial
repairs over time that resulted in the undermining of a culvert
and ultimately failure of the roadway.
We were fortunate in this case that this was not an active
part of the cemetery. It is these unexpected issues that we
continue to find which impact our priorities and, fortunately,
with your strong support, we have been able to address.
Technology at Arlington, Arlington National Cemetery
continues to implement technology to streamline cemetery
operations, improve our visitors' ability to explore the rich
history of this national shrine.
We have made improvements to Arlington's interment
scheduling and geographic information systems to manage day-to-
day operations.
Just over a year ago, Arlington launched ANC Explorer, a
free web-based application that has transformed how visitors
explore the cemetery. ANC Explorer allows families and the
public to locate grave sites, events and other points of
interest throughout the cemetery, to generate front and back
photos of headstones or monuments, and to receive directions to
these locations.
We have installed kiosks with ANC Explorer in our welcome
center and have one outdoor kiosk in the cemetery with the
intention to add additional outdoor kiosks later this year.
I am excited to report that in less than one year, we have
reached over 60,000 downloads of our first version of this app.
This spring as part of Arlington National Cemetery's 150th
anniversary commemoration, we will be releasing an updated
version of ANC Explorer that will include enhanced
functionality and tours that could be customized by the user.
Our GAS operational technology and application received a
number of awards from the Federal Computing Week, Computer
World, Government Computer News. ANC Explorer was named app of
the year at the 2013 Federal Computing mobile summit.
We are always looking for opportunities for families and
the public to explore this national treasurer. Arlington has
partnered with Google to include Arlington National Cemetery in
their street view construction and collection.
On October 20th, Google street view team collected images,
walking paths, and driving the roads of the cemetery. Once the
images are stitched together, visitors can take a 360 degree
virtual tour of the entire cemetery on their SmartPhone or
their computer.
Section 60, on Sunday, October 6, 2013, my senior staff and
I conducted a roundtable discussion with 21 Gold Star families.
The discussion addressed issues associated with cemetery
maintenance and Section 60's memento pilot program.
The meeting was positive and generated several suggestions
for improving communications between the family and Arlington
National Cemetery.
We have agreed to hold a Gold Star family roundtable twice
a year. We are working to identify flexibilities in the
existing policies.
For example, as the cemetery enters the non-growing season
where mowing of the grounds is less frequent, the cemetery will
allow small photographs and small hand-crafted items not
affixed to the headstones to be left at the grave sites.
Arlington National Cemetery policy which is similar to that
of other national cemeteries allows artificial flowers to be
left at the grave site October 10th through April 15th.
Allowing additional items to be left at the grave site during
this time period is consistent with that policy.
We will continue standard grounds maintenance during the
time period and remove decayed flower items, items that are
affixed to the headstone, or those that pose a safety hazard to
visitors and staff such as tobacco, alcohol, and ammunition,
glass items.
Every other Friday, cemetery personnel will also remove
items considered to detract from the dignity and decorum of
Arlington National Cemetery.
I am committed to keeping the Gold Star families informed
and provide notice prior to the implementation of any changes.
Our core mission is to take care of the families at their
time of need and to schedule services desired with appropriate
honors as quickly as possible. This process requires working
with the families to document eligibility and with the services
to schedule resources.
We have implemented several measures to streamline the
eligibility determination and scheduling process to reduce the
amount of time families must wait between first contact and the
actual service.
Since December 2010, we have collected a metrics and data
to better understand the interment services demand at Arlington
National Cemetery. Requests for burial at Arlington National
Cemetery occur at a robust pace and we expect the demands will
remain constant as veterans and eligible servicemembers from
conflicts during the late 20th century reach advanced age.
Over the last year, Arlington experienced significant
personnel turnover in the scheduling branch and despite our
best efforts to fill all vacancies, the temporary loss of
personnel significantly impacted our ability to schedule a
funeral service particularly inurnments.
In March 2013, we noted an increase in the scheduling delay
due to this loss of personnel. In response, Arlington sought
and received authorization to hire against the vacant
positions.
By late June, the vacant positions were filled and when
requested the secretary of the army approved the use of
overtime pay and temporarily assigned personnel to assist in
reducing the growing volume of requests.
To reduce the impact to families, the secretary of the army
authorized me to direct reallocation of additional personnel
from existing end strength. This leadership focus significantly
reduced the total of those pending scheduling.
The lapse of appropriation has caused Arlington National
Cemetery to utilize available prior year funding to continue
burial operations for our veterans and their families at our
normal level.
Available prior year funds allowed for the continued burial
operations during the 16-day shutdown. Visitor operations
continued with only minimal impacts.
While NCA did not have to furlough employees during this
period, it did have an impact on our day-to-day operations,
halted travel, training and purchasing.
However, sustainment, restoration, modernization of
facilities continued as well as construction or design of
Arlington's major construction projects.
In conclusion, Mr. Chairman, through diligent efforts,
adherence to established policies, the standard operating
procedures and by leveraging technology, Arlington will do all
it can within its power to sustain the sacred trust we have
recently reclaimed.
In conjunction with our partners at the military district
of Washington, with the great support of the services, the
Arlington staff can assure the Nation of this. Every burial
service at Arlington National Cemetery will be conducted with
the honor and dignity our servicemembers have earned and their
families will be treated with respect and compassion.
I appreciate the support of the Subcommittee and I look
forward to answering any questions you may have. Thank you.
[The prepared statement of Patrick K. Hallinan appears in
the Appendix]
Mr. Runyan. Thank you, Mr. Hallinan.
And next we will hear from Deputy Under Secretary Powers.
You are now recognized.
STATEMENT OF GLENN POWERS
Mr. Powers. Thank you, Mr. Chairman.
Before I begin, I would just like to let you know that I
talked to Under Secretary Muro today and, as you know, he had
to return to California for some family issues, but he
apologizes and wanted to be here.
Mr. Runyan. Understood, because we had some scheduling
conflicts in the past few weeks.
Mr. Powers. Chairman Runyan, Ranking Member Titus, and
distinguished Members of the Subcommittee, I appreciate this
opportunity to provide an update on initiatives that directly
support our historic mission of honoring veterans and their
families with final resting places in national shrines.
Ensuring veterans have access to the benefits they have
earned remains one of Secretary Shinseki's top priorities. To
that end, we continue to lead the largest expansion of the
national cemetery system since the Civil War.
Before the end of this decade, NCA will open 18 new
facilities. Together these sites will offer burial options to
over 680,000 currently unserved veterans, better serve over two
million more, and bring us closer to our strategic target of
providing 95 percent of veterans with a burial option within 75
miles of their homes.
In fiscal year 2013, NCA acquired land for and began
designing new national cemeteries in central east Florida,
Tallahassee, Florida, and Omaha, Nebraska.
Over the next few months, we expect to acquire land for
planned sites in western New York State and southern Colorado,
and we are planning new columbarium only cemeteries in Los
Angeles and Alameda, California, Chicago, Indianapolis, and New
York.
To meet the needs of rural veterans, we are establishing
national veterans' burial grounds in Idaho, Maine, Montana,
Nevada, North Dakota, Utah, Wisconsin, and Wyoming.
In areas without a national cemetery presence, we have
joined with states, tribes, and territories to build, expand,
or improve veterans' cemeteries managed by those entities.
There are now 89 VA grant funded cemeteries in 44 states,
Guam and Saipan. These cemeteries performed over 32,000 burials
in the last fiscal year. Another six are under construction.
We also partner and share best practices with our
colleagues at Arlington National Cemetery, the National Park
Service, and the American Battle Monuments Commission.
This morning, I am pleased to be testifying alongside my
colleague, Pat Hallinan. As Executive Director of Army
Cemeteries, he shares our commitment to honoring and
memorializing the men and women who have worn the Nation's
uniform.
We uphold the sacred trust on behalf of all Americans who
insist on high standards of appearance and customer service in
veteran cemeteries and who ask us to be caretakers of history,
as well.
At NCA, we are stewards of the graves of union and
confederate dead at over 100 Civil War era properties and we
provide perpetual care for grave sites of more than 3.9 million
veterans, family members, and the fallen from every conflict.
Making certain their resting places are properly identified
is one of our most important responsibilities. We provide
historically accurate headstones to mark graves and we replace
headstones that become unreadable or get damaged.
We are actively reviewing and rewriting regulations that
impact the headstone and marker benefit with an eye towards
making the definition of applicant less limiting while ensuring
that family members are included in the decision-making process
when possible.
The public will have an opportunity to comment on these
proposed revisions.
In addition to serving veterans, we remain dedicated to
employing them. Nearly three-quarters of NCA employees are
veterans and since 2009, we have hired more than 450 returnees
from the wars in Iraq and Afghanistan.
On November 15th, we will graduate our first class of
cemetery caretaker apprentices who are formerly homeless
veterans. Having completed the successful pilot, we are making
this a permanent avenue for competitive employment of homeless
veterans in our national cemeteries.
We appreciate your enduring support which has enabled us to
make significant progress towards our strategic goals. With
your continued help, we can remain dedicated guardians of those
buried in our national cemeteries, ever mindful of the fact
that they gave their tomorrows, so that we might have today.
Thank you again for the opportunity to appear before the
Committee and for your support of our national cemeteries. I am
ready for any questions.
[The prepared statement of Glenn Powers appears in the
Appendix]
Mr. Runyan. Thank you, Mr. Powers.
And I am probably going to give Mr. Hallinan my first
question and it will probably take up my whole five minutes,
but he has probably heard me ask the same thing of Ms. Condon
in the past.
We have taken note of the tremendous improvements through
your and Ms. Condon's leadership at Arlington and I think one
of the greatest concerns is the ongoing trajectory of the
improvements and, frankly, I think when we go back to the
discussions we had a couple years ago, the operating procedures
that you and Ms. Condon have put in place.
So basically three questions. First, what challenges do you
face in your new role as executive director? Secondly, how will
you work to sustain and improve on the gains made at Arlington?
And, third, we hope you have a long tenure in your current
position, but what recommendations would you give to set up for
the next person that would take your place?
Mr. Hallinan. Mr. Chairman and Ranking Member Titus,
Members of the Subcommittee, when it comes to challenges, I see
the most serious pending challenge now to be the deferred
maintenance at Arlington National Cemetery and the issues we
have with the infrastructure.
As I noted in my opening statement, just yesterday, I had a
water line break. We encounter issues that are emergent, we are
not aware of. We have identified an estimated $75 million in
infrastructure repair that is needed. I believe that to be a
conservative estimate. We have reduced that number by $25
million. So basically we are looking at $50 million, but I
still think that remains one of the biggest challenges as we
move forward.
As far as sustainability for the progress we have made, and
we have made significant progress and I appreciate your
acknowledgment and kind words, the ability to hire the very
best people to serve at Arlington is a key factor, I believe.
It is the Nation's most sacred military cemetery and it is an
honor to work there. I feel that personally. When we bring new
staff on, it is important that they become part of that
culture, so the interview process, the selection process is
key.
The training programs are in place. We have manned staff to
train and equip. We set a standard. We have trained to
standards. So we are holding people to those standards. We are
holding staff accountable.
So I think the key pieces for sustainability for progress
going forward whether it is the handling of remains, the
maintenance of the grounds, the repairing of the
infrastructure, or filling positions in the future are in
place.
Succession planning is also part of my responsibility. The
superintendent position was just closed. That position has been
vacant. I anticipate filling that position hopefully in this
coming December, to have the interview process and selection
process completed. There is a deputy position that needs to be
filled also.
Cross training of staff, a formal training program,
coaching and mentoring, Mr. Chairman, while I am in place over
the next couple of years, I feel personally that my 40 years of
cemetery experience, the many positions I have held in
leadership throughout the VA in my government career will be of
value as these people are selected and brought on.
I could assure this Subcommittee that we are looking for
only the best people and we will do our very best to train them
and ensure that there is a positive future for Arlington
National Cemetery.
Mr. Runyan. Just so the Committee knows, you talked to me
about an experience that you had with one of your contractors
actually paying respect to families and/or the fallen as they
were doing their work if you remember that.
If you can enlighten the Committee on that because it says
something about the type of people you are bringing in there
and the respect and attention, the detail that they have under
the new leadership at Arlington.
Mr. Hallinan. Well, Mr. Chairman, that specific example
goes to the change of culture, not just with the entire
workforce at Arlington National Cemetery, but to include our
contractors as well.
While we hold ourselves at a higher standard, we hold our
staff to the highest standards which means I need to hold
myself to the highest standard. We also hold all contractors to
the same standard.
While I was out at the cemetery, we teach our staff how
important it is to go the extra mile to keep the cemetery
maintained properly, I observed the contractor while I was
driving with my own personal vehicle, so he did not know at
that time it was the superintendent that was driving past, stop
his vehicle, his mower, get off the mower and walk out into the
section and pick up some debris that had blown across the
cemetery.
So that individual contractor felt it important to police
the grounds and help maintain that cemetery to a national
shrine standard. And that is the culture that has been
instilled in the permanent workforce and that is starting to
permeate my contracting staff also.
So I saw that as a positive sign that it has reached right
on down to the contractors that are on site because we hold
them just as responsible and just as accountable.
Mr. Runyan. Thank you.
With that, I recognize the Ranking Member, Ms. Titus.
Ms. Titus. Thank you.
Thank you, Mr. Hallinan, for all the improvements you are
making at Arlington and for staying open during the shutdown so
that people could come and visit the cemetery even if they
could not go to other places.
I would like to address my questions, though, to Mr.
Powers. You heard me say in the opening remarks that of the 11
states that do not have national cemeteries six are in the west
and those are very large states so the distance that you have
to travel is much greater than just that number indicates.
So I would like to focus on that, your so-called rural
initiatives, how you choose where you put those rural
initiatives, what input you get from local veterans. What is
the effect of having a rural initiative on the possibility of
having a national cemetery built in the future?
And then how do you choose Elko because as I understand it,
that you are supposed to pick a site that serves 25,000
veterans within a 75 mile range. Elko hasn't gotten but about
19,000 people in the city and about 4,000 of those are
veterans. And if you have ever been to Elko, you know there is
not much within a 75 mile range of there.
So could you answer those four questions for me?
Mr. Powers. Thank you, Ranking Member Titus.
As we have spoken about before, our emphasis is on time and
distance, so our strategic goal is to serve 95 percent of
veterans with an interment option within 75 miles of their
homes.
As to the rural initiative that you refer to, with the
implementation of the rural initiative, NCA will have a
presence in all 50 states.
A quick review of the map indicates that most NCA
facilities look like they are east of the Mississippi River as
you pointed out, but 40 percent of these are closed to first
interments, many of them being Civil War cemeteries that in
some cases never really offered interments after the Civil War,
because they were to small.
We operate 36 national cemeteries west of the Mississippi
River with about 85 percent of them open for first interments
and there are 21 grant funded state and tribal cemeteries west
of the Mississippi River.
How will a rural initiative affect the ability of a
location to get a national cemetery? Once again, the criteria
for a national cemetery is different than that developed for a
rural initiative facility.
We look at our national cemetery criteria to determine
where we should locate our newest national cemeteries. And as
we discussed, we are continuing expanding. We have expanded in
the last decade. We will continue to expand in the next decade.
That criteria is different than that for a rural initiative
facility. At one point in time, our veteran population
threshold criteria was 170,000 unserved veterans within a 75
mile radius of their homes. Now we are down to requiring only
80,000 unserved veterans within a 75 mile radius for a national
cemetery.
We also discussed opportunities for the states and tribes
to receive grants to fill in the gap between the populations of
unserved veterans that would support a national cemetery and
those that would support a rural cemetery.
The states have a lot of flexibility in the determination
of where those cemeteries should go when they apply for grant
funding to establish state veteran cemeteries.
The rural initiative was designed to focus on rural areas
and serving rural veterans because the Secretary has asked all
of VA to better serve rural veterans. And to that regard, we
looked at populations, as you said, of 25,000 or less. I have
not been to Elko.
Ms. Titus. That is what I figured.
Mr. Powers. Our planners looked at our veteran population
data to determine where these locations should go. And at the
same time, even though our emphasis has always been to look at
the most veterans that we can serve with our resources, the
rural initiative has also become an opportunity, as I stated
before, for VA and NCA to have a national presence in all of
the 50 states.
Ms. Titus. Well, I think that the states built some of
these cemeteries on their own in the west because they did not
have a national cemetery. There is a very nice little state
cemetery in Boulder City, but that certainly is a distance from
Las Vegas and does not accommodate those 301,000 veterans who
live--well, 170,000 who live in the Las Vegas area.
I am just curious. What was the input from Nevada veterans
on the choice of having this rural initiative in Elko since it
obviously does not meet that 25,000 veterans to serve that you
say is part of your criteria?
Mr. Powers. Ranking Member Titus, I will have to get back
to you on the specifics of the discussions that our planners
would have had with the state cemetery directorate in Nevada.
We talk to all the state cemetery directors. I have been
involved in presentations at the state cemetery director
conferences where we discussed these initiatives and how we
work in partnership with the states and with the Federal grant
funding to better serve veterans and to reach that goal, which
is your goal that you stated--to serve more veterans and
provide a burial option for veterans who are unserved.
Ms. Titus. What can Nevada veterans do to get a national
cemetery there where the population exists? If you are talking
about doing more in the next decade, what do we need to start
doing now to be sure we are on that list in the next decade?
Mr. Powers. Well, right now looking at the criteria for a
national cemetery----
Ms. Titus. Well, we already meet that.
Mr. Powers. Well, we look at unserved veteran population
and the veteran population of the Las Vegas area is adequately
served by the southern Nevada veteran cemetery in Boulder City.
Ms. Titus. Have you surveyed the veterans in southern
Nevada to see if they think they are adequately served?
Mr. Powers. When we talk about adequately serving them, we
are talking about the time and distance factor. In reference to
a survey to determine what veterans who use state cemeteries
feel about the appearance of their cemeteries, about the
customer service and the standards at those cemeteries, our
veteran cemetery grants program is currently working on rolling
out a survey similar to the survey that we rolled out at our
national cemeteries for a number of years to gauge those
reactions.
There is not one in place now, but we will have one in
place in the future so that we can measure the service at state
cemeteries.
Ms. Titus. I appreciate that. And I think that it is fine
to have a state cemetery, but I think you also--veterans--you
want me to go back and tell Nevada veterans, well, you can have
a state cemetery or you can have a rural initiative if you can
get your family up to Elko, but you do not really deserve a
national cemetery?
Mr. Powers. I do not think anyone feels that anyone does
not deserve a national cemetery. It is where we can place the
resources so that we could impact the most veterans. But if we
were only doing that, we would only have that national cemetery
program, not give the states the flexibility, not have created
the rural initiative and an urban initiative.
And going back to one of your questions, we have talked to
the new state director. We have mentioned that she has the
flexibility and we would be more than willing to work with her
through our state grant program to identify if the veterans of
Nevada thought that it was necessary to construct another state
cemetery on the north side of Las Vegas or a columbarium-only
cemetery which can be designed, created, and built at a lesser
expense.
If that could be done and it can serve the Las Vegas
veterans better, we can offer the state can apply for grant
funds from Veterans Cemetery Grants Program.
We talked to Kat Miller, the Director of the Nevada
Department of Veterans Services about this last week and we
would be happy to continue those conversations.
We have had those conversations before with many states.
The last time I testified was with the Chairman in southern
Minnesota when the veterans of southern Minnesota wanted to get
a state cemetery. These interactions work. And we are able to
gauge what the veterans want, what the veterans of that state
want and how we could best approach serving them in the way
that they deserve.
Mr. Runyan. I thank the gentle lady.
I recognize Mr. Stivers.
Mr. Stivers. Thank you, Mr. Chairman. I appreciate the
Members of this Committee allowing me to sit in on this hearing
today.
I want to thank Mr. Powers and Mr. Hallinan for what you do
to honor our veterans' service and find a final resting place
that is deserving of their service and sacrifice for our
country.
My first question is for Mr. Powers. You may know I am the
sponsor of the Honor Those Who Served Act which is H.R. 2018
involving headstones.
At a Subcommittee hearing in April of this year, Mr. Muro
testified that the VA is currently reviewing its regulation
that allows only the next of kin or a person authorized by them
in writing to apply for a VA headstone.
Congressman Daines and I are very interested in this
subject due to civic minded folks in both Ohio and Montana that
have actively sought to procure headstones for deceased
veterans in our areas.
And I am just curious what the NCA has done in recent
months to review and remedy the regulation. What is happening
is it is preventing folks from receiving headstones if you
cannot identify a next of kin whether they are homeless
veterans, whether they are folks who have been deceased for
generations and you cannot identify next of kin.
And I am just curious what you are doing to review the
overly restrictive application process and try to fix this so
that our veterans can have honorably marked graves.
Mr. Powers. Thank you, Congressman.
We are actively engaged in a comprehensive review of the
subject you talked about which is a rewrite of the existing
regulations.
A regulation was published in 2009. The regulation
addressed a concern that well-intended people were asking for
headstones and markers but we were removing the families from
the equation. And we found out that some headstones and markers
were ordered without the families being aware of the ordering.
However, as you pointed out, we have determined from the
information that we are gathering from your constituents, from
the veteran service organizations, particularly your
constituents, and you have a number of them in Ohio, that I
believe we are going to hear from today.
Mr. Stivers. You will.
Mr. Powers. We will hear about some of the great activities
that they have done in Ohio to recognize veterans.
Mr. Stivers. And I would urge you to look at H.R. 2018. It,
you know, essentially lays out a process that allows the
families first to make the decisions. And if you cannot
identify next of kin, it allows veteran service organizations,
military historians, other civically engaged folks that can
find documentation to present it to the VA to get a headstone.
I understand that it is inappropriate to circumvent the
families, but I think if you take a look at what we proposed in
H.R. 2018, and Congressman Daines is a co-sponsor, we would
love to have you--whether that is the final look, but I would
love you to look at that for consideration.
Mr. Powers. And we have. I will tell you right now that Mr.
Muro had NCA senior leaders quite recently engaged for a number
of hours reviewing the proposed regulation.
The bottom line is we need to do this right.
Mr. Stivers. Yes.
Mr. Powers. The correct way. And it involves an extensive
rewrite of a number of regulations over time. We also believe
it involves re-crafting our forms that people use to request
this benefit to make them more explanatory about the
information we need to make the benefit determination.
In the case of historical headstones, this includes the
specific type of documentation we would require.
Mr. Stivers. I think that is great and we want to give you
some time to do it, but I am going to continue to pursue H.R.
2018. I do not want to have to put it in the law, but if it
does not get fixed any other way, we will fix it. But I would
urge you to take a look at your policies. I know you are.
I want to thank you on behalf of what you are doing for our
veterans. I am not meaning to beat up on you. I know that we
want to make sure we fix it for our veterans because if you are
a homeless veteran and nobody can identify next of kin, you
deserve your service to be honored with a headstone like
everybody else. Same thing with historical military service.
So I appreciate what you are doing. I would just urge you
to continue to work on it and we will continue to pursue 2018.
I hope to find a success in your regulation rewrite and just
acknowledge that it is fixed and not have to pursue it in the
end. But I will continue to pursue it as long as we have to.
Mr. Powers. Okay. Thank you.
Mr. Stivers. Thank you.
And I have one more question. I only have seven seconds
left. But, Mr. Hallinan, your predecessor, Ms. Condon, was
really helpful on a bill that we passed out of the House last
year, the Place of Remembrance, H.R. 5738 or 35, which would
deal with the fragments that are unidentifiable by DNA test, to
give them a final resting place that honor their service.
You know, she said that they would work to try to get that
done. I hope that work is continuing because we do still
continue to have fragments of our military folks who served
honorably where they are unidentifiable and I want to make sure
that they have a final resting place deserving of the service
and sacrifice of those military members.
And so, you know, an ossuary is a good idea. I know you
have been working on it. We would love for that to continue to
take place. And I think we still have, you know, an active
conflict going on in Afghanistan where every day we have
unfortunately unidentifiable fragments of our soldiers,
sailors, airmen, and marines. And I would like to continue to
urge you to work on that.
And it is unfortunately shameful that and the Dover
military report documented that there were fragments of our
military members that were put in the St. George's Landfill.
And we need to make sure that never happens again and that
there is a resting place for this conflict and future conflicts
immediately and an ossuary, you know, is an acceptable
solution. And I hope that you will pursue it. And, you know, we
are willing to do it again in statute if we have to, but I do
not think that is necessary given that I think you are pursuing
what your predecessor started. And I would just love you to--
and I know I am way over. I appreciate your indulgence, Mr.
Chairman--if you could just tell us if that is something you
are continuing to work on.
Mr. Hallinan. Well Mr. Congressman, I am very pleased to
tell you that we have continued to aggressively look into the
design and construction of an ossuary at Arlington National
Cemetery. We are in agreement that it is an appropriate venue
and place at Arlington. We have looked at a number of designs.
We have identified a number of locations that will not take
burial space away, active burial space away. So we are in
support and agreement. And we have sent those recommendations
up to Headquarters of the Army.
Mr. Stivers. Thank you, Mr. Hallinan. And I will continue
to weigh in with them, too. But thank you.
Mr. Hallinan. You're welcome.
Mr. Stivers. Thank you, Mr. Chairman. I yield back my
nonexistent time and appreciate your indulgence.
Mr. Runyan. Thank the gentleman. I recognize the gentle
lady from California, Ms. Negrete-McLeod. No? Mr. O'Rourke?
Mr. O'Rourke. Thank you, Mr. Chair. And I would like to
follow the line of questioning initiated by Mr. Stivers. And
Mr. Powers, if you could include applications on behalf of
active Reservists who were killed? There is a case in El Paso.
I represent the family of Angel Garcia, who was an active
Marine Reservist, a police officer who was killed in the line
of duty. And the family made an application for him to be
interred and memorialized at Fort Bliss National Cemetery. That
was denied. And I can understand the logic from NCA's part, but
I also understand the request on behalf of the family.
So I do not necessarily want to get into the details of the
case right now. But if you could just include that in your
review process? And I just wanted to raise that specific
family's case, you know, in this hearing and put it on your
radar. Because it is an issue that we would like to follow up
with you on going forward.
Mr. Powers. Congressman, thank you for your question. It's
probably better to talk about most of the aspects of that case
between my staff and yours, just so we can discuss it. But I do
need to distinguish the case as I know it. Because what
Congressman Stivers has asked us to do, what we share with him
as goal to do, is to correct with the new rewrite of the
regulations an issue that deals with providing a benefit to an
eligible individual, whether that person was eligible because
of their Civil War service, or that person was eligible because
of their World War II service. It does not matter.
Mr. O'Rourke. I'm sorry, let me interrupt you. Because I
have very limited time and I want to make sure that I get to
some other issues that are really important for the community I
represent.
Mr. Powers. Okay.
Mr. O'Rourke. I think my intention was just to broaden the
review of eligibility and the application process. And if that
is not possible, I specifically want to bring up the case of
Angel Garcia with your and their family. So----
Mr. O'Rourke. --I just wanted to register that with you.
Mr. Powers. Okay.
Mr. O'Rourke. A really important issue for the community I
represent is Fort Bliss Cemetery. A deeply unpopular decision
that the NCA made was to xeriscape that cemetery, remove all of
the grass, put in gravel, rock, and dirt. And it is a very
unwelcoming place for many families to visit and commemorate
the service of their loved ones. And I do not want to go into
how or why the decision was made. What I want to work with you
on is how we improve that situation there. I want to know what
we can do on an interim basis to beautify it, to make it a
little bit more hospitable for visitors to the cemetery. I want
to find out what we can do as a community to work with you
perhaps to raise funds privately and dedicate those funds to
the improvement of the cemetery. We understand from you that it
will cost somewhere between $11 million to $14 million to
regrass that cemetery, one of only three in the country that
has been xeriscaped. It is a priority of ours and our office,
it is a priority of the community. But it is very expensive.
And it competes against a number of other priorities for
veterans in El Paso.
So I want to find out what creative, constructive ways we
can work together to address that issue. And so I guess one of
the things that I would like to ask you is when can we get some
detailed plans from NCA to initiate some kind of planting
effort so on an interim basis we can beautify that cemetery and
make it a little bit better for those who are visiting the
remains of their loved ones?
Mr. Powers. Congressman, I have a new network director who
is responsible for the region. Essentially I guess you could
quickly describe it as the Rocky Mountain Region. And he is
visiting in the next two weeks, I believe, around the 15. His
deputy has already been down there to look at the foliage
issues. And I have told him to try to make the oldest sections
that were converted of the cemetery look like the other
sections of the cemetery that were expanded.
As you know, when we made the decision to xeriscape, or use
water wise landscaping for the cemetery, based on
recommendations that came from a Congressionally mandated
report to Congress. Because water wise landscaping was
determined to be the right option for Fort Bliss National
Cemetery, we converted the older part of the cemetery, and then
expanded the newer part of the cemetery using water wise
techniques. In the expansion part, the foliage, the drip
irrigation systems, and the native plants look good. We would
work with your staff to look at some of the other sections of
the cemetery that were converted from turf to the water wise
landscaping, the decomposed granite, and to try to make those
look as good as the newer sections that contain native plants
and vegetation. We should know within the next month and be
able to sit down with your staff with some plans to review the
cemetery landscape and determine how we plan to add foliage to
make the landscaping consistent.
Mr. O'Rourke. I appreciate that and I know my time is
expired. Let me just register our community's interest in
rectifying this problem. Nobody wants to kneel on gravel when
they are visiting a gravesite at Fort Bliss. When you go to
Arlington, which is just absolutely beautiful and lush by
comparison. I don't know that we need to have Arlington in El
Paso, but we should have something that somehow commemorates
the level of sacrifice, the level of respect owed to those who
gave so much to our country and to their families who also
sacrificed as well. So we want to work with you in any and all
ways to improve that situation. But it is certainly a priority
for our community and I appreciate your willingness to work
with us on that. And with that, Mr. Chairman, I will yield
back.
Mr. Runyan. I thank the gentleman. I recognize Mr. Daines.
Mr. Daines. Thank you, Chairman Runyan. And thank you for
inviting me to be part of this important hearing, and for your
leadership on these issues. I also want to thank Ranking Member
Titus for bringing up the issues of the western states. I
represent the State of Montana and Ranking Member Titus, there
are four members there in Nevada. I am the lone person here for
the State of Montana. I am an at large member. In fact, if you
want to put it in perspective you can put Washington, D.C. in
the southeast corner of my state, you can put Chicago in the
northwest corner of my state, and that's the district I
represent. So I am glad you are voicing for these western
states that have a lot of difference between telephone poles,
as we say out there.
We also have one of the highest per capita veteran
populations in Montana. Typically we are in the top three. And
I am here today because of these very troubling stories that
have come my way and come to my attention from the veterans in
my home State of Montana. At the Yellowstone County Veterans
Cemetery, it is in Laurel, Montana just outside of Billings,
just this year alone there are eight veterans who have been
buried that have no grave marker. In each of these eight cases
all of the proper proof of service was presented, but they were
denied. The VA explained that with the exception of State or
National Cemeteries all requests for a headstone must be signed
by the veteran or the veteran's next of kin.
Now we have groups, veteran groups back home, like Missing
in America, the Patriot Guard Riders, they stand ready to honor
these veterans and have done so in the past. But because of
this revised policy, I think Mr. Powers mentioned from 2009,
they can no longer provide a headstone to help honor the
service and sacrifices of our veterans.
I am the son of a U.S. Marine. And I was taught very early
on the importance of service and sacrifice. But also the
importance of honoring these veterans who have served their
country honorably. And the lack of justice that we see here
upon their passing. And I understand that we want to fulfill
the wishes of the veterans and make sure their final resting
place does not include any markings that a veteran would not
want. But surely we should not have a policy so inflexible that
it is essentially prohibiting well meaning veteran groups and
historians from honoring veterans who may be unaware of these
rigid VA requirements.
I would like to bring your attention and submit for the
record a letter from the American Legion of Montana. As noted,
there is an estimated 200,000 homeless veterans in this
country. Last Friday I was back home in my state. I was at the
Helena homeless veterans facility there, the Cruse facility
where we have 12 beds there for homeless veterans who by the
way the good news all of them were out working that day, but
there is a place for them to come home at night because they
are homeless. And this VA policy is especially detrimental to
those who had no close family members, nobody to claim them
when they pass. In fact George Blackard, who is the Commander
of District 11 American Legion of Montana, and this is the
letter I am submitting for the record, he says it so much
better than I could ever say it in his letter. He says, ``A
veteran may die with no next of kin, but a veteran will never
die without a family. Every veteran brings to one family, our
family, and that is over 23 million veterans strong.''
Every day I think as we serve in this job in Washington and
we have a chance to recite the Pledge of Allegiance at the very
end we say, ``Liberty and Justice for All.'' And I sure hope we
can bring justice to these veterans who do not have a big voice
up here in Capital Hill, these homeless veterans. We want to be
a voice for that.
So my question, and Mr. Powers I am glad to hear you are
revising that policy, and I am glad to be a cosponsor of the
gentleman from Ohio, Mr. Stivers' bill here that will address
this. But how long is this going to take to remedy what I
believe is a great injustice to our veterans who are homeless,
who cannot, who do not have next of kin? I am glad to see you
are working on it. How long is this going to take?
Mr. Powers. Thank you for your question, Mr. Daines. We are
actively engaged in the process. As I described, all of the
senior leaders in the National Cemetery Administration recently
met to review the documents to get it done. And the one thing
also we want to do is certainly engage the 60-day public
comment process. Because we may have missed something and it
provides the opportunity to get input from the veterans service
organizations on what would not work for them. Because our goal
is the same.
Mr. Daines. Mm-hmm.
Mr. Powers. And the cases you cite out of the Yellowstone
County Veterans Cemetery that we recently became aware of
illustrate a whole other aspect of the issue. Some people think
it is just looking at historical veterans headstones. No, we
are looking at some current issues happening today and we need
to fix it. And so we are going to get it fixed. With the rule
making process and a 60-day comment period.
Mr. Daines. Right.
Mr. Powers. --address the comments.
But I have also talked about the specific incidences at
Yellowstone.
Mr. Daines. Mm-hmm.
Mr. Powers. And we are working to remedy that before we
fully implement the regulation, if we can make that happen.
Mr. Daines. I would appreciate----
Mr. Powers. Because the intent is clear.
Mr. Daines. No, you, yeah----
Mr. Powers. It was unintended.
Mr. Daines. Your heart and head are in exactly the right
place in that. We want to work together in this. But, you know,
as you mentioned, this goes beyond some of the Civil War
veterans. These are homeless vets that, you know, have had a
story here maybe of hardship towards the end of their life. And
they are homeless and they do not have any next of kin. And I
also appreciate the fact that we need to have good process and
procedure, respectful so that the right honors are given. But
if we cannot trust the American Legion to be a proxy, to be
that family, then who can we trust?
And so I would, I appreciate first of all if you bring
remedy to this issue in Yellowstone County. And let me just go
back to the original question. Can you give me a rough
timeframe? Because I would love to see Congressman Stivers'
bill not be necessary here. That we do not want to remedy this
through a congressional action. Let us get this done at the VA.
Mr. Powers. Congressman, as quickly as possible. I am an
operator and I have to work with our administrative people. And
we do need to factor in the 60-day comment period. It is moving
along.
Mr. Daines. Okay so----
Mr. Powers. We have really focused on it.
Mr. Daines. So if there is a 60-day comment period, let me
just try to, and I will not pin you to a specific day. But give
me a range. Are we looking at something, are we weeks, months,
a year? When will this be corrected do you think?
Mr. Powers. I think it will be corrected early next year.
Mr. Daines. Early next year? Within the first quarter?
Mr. Powers. We are going to try to get it done,
Congressman.
Mr. Daines. Okay. I would----
Mr. Powers. With all the procedures that are involved in
rule making we are trying to push that through, yes.
Mr. Daines. Okay----
Mr. Powers. But if there is one thing I could say, it is we
have recognized the issue. It has been brought up to us. We
need to make the fixes. And it needs to be done correctly so we
do not have to fix it again.
Mr. Daines. Right. I appreciate it. Well I will look
forward to working with you on that. And if there is anything
you can do to remedy perhaps these eight homeless vets that
need proper burial in Yellowstone County, I will do everything
I can here to maybe fast track that as empirically working on
fixing the process.
Mr. Powers. Okay. Thank you, Congressman.
Mr. Daines. Thank you.
Mr. Runyan. Thank the gentleman. And gentlemen, on behalf
of the Subcommittee I thank you for your testimony. I look
forward to working with you. The Chair now recognizes Ms.
Brooks.
Mrs. Brooks. Thank you, Chairman Runyan. And I apologize. I
am chairing another Subcommittee hearing for Homeland at the
current time. But I do want thank Chairman Runyan and Ranking
Member Titus for allowing me to be a part of this hearing
today.
I wish I could be joining you under better circumstances.
But unfortunately I am here today to shine a light on a grave
injustice that has greatly impacted my district in Indiana. Mr.
Chairman, as you may have heard on May 30, 2012 Michael
Anderson shot and killed Alicia Dawn Koehl and severely injured
three others at an apartment complex in my district. Anderson
was a deranged Army veteran who took his own life after his
horrific shooting spree. Unfortunately, Anderson was
subsequently buried in a veterans cemetery with full honors
despite Federal law explicitly forbidding the VA from interring
anyone who has committee a capital crime, including those never
formally convicted. Let me repeat that to be clear. It is
currently the law of the land that veterans who commit capital
crimes cannot be buried next to our brave men and women who in
some cases gave the ultimate sacrifice to our Nation.
The NCA did make a mistake by burying Mr. Anderson in a
veterans cemetery, plain and simple. And at the request of
Alicia's family, some of whom are here, and friends, Senator
Coats and I began working on this case to rectify the mistake
made by the NCA. On August 5, 2013 I received a letter from the
VA saying they lacked the legal authority to disinter the body
because it was in violation of Title 38 of the U.S. Code. I ask
unanimous consent to have that letter inserted into the record.
Mr. Runyan. So ordered.
[The attachment appears in the Appendix]
Mrs. Brooks. I do not bring up this issue as an exercise in
semantics. This has severely affected the family of this victim
and communities throughout my state. Alicia was not only a
mother of two and a loving wife, but she was a Girl Scout
leader, a volunteer of the year at her kids's school, she was
an active member of her church. Her killing has left a hole in
the community. And the fact that Mr. Anderson was afforded a
full military burial in spite of committing an egregious crime
has just compounded the injustice felt in our state.
Mr. Chairman, I have heard from many constituents
throughout my district, including someone who came here to
visit our Nation's capital with school kids during the
shutdown, how much Alicia meant to them. However, I thought it
best to let Paul Koehl, the widower of Alicia, write a
statement about who Alicia was, how she touched people's lives,
and how this incident has affected him and their two children.
And I now ask unanimous consent to have that letter entered
into the record.
Mr. Runyan. Hearing no objection, so ordered.
Mrs. Brooks. Mr. Chairman, luckily we can do something
about this. We can bring closing to mourning Hoosiers and
ensure that something like this does not happen again. That is
why every single member of the Indiana delegation has come
together in support of my legislation in both the House, and
there is a similar bill in the Senate which gives the VA the
needed authority to reconsider the interment of veterans who
may have committed capital offenses. While the bill would only
apply to those buried after this bill is hopefully pass it does
specifically disinter Michael Anderson. Once again, we are not
asking for anything new here. We are just trying to give VA the
opportunity to correct mistakes that were made. We have
actually worked closely with them to help craft this
legislation. Mr. Chairman, I encourage you to take a look at
this legislation and see if it is something that you can I can
work on passing through this committee. And with that I just
have a couple of questions for the panel.
Mr. Runyan. Please.
Mrs. Brooks. One of the letters, and this is to Mr. Powers,
that was sent it was stated that the VA finds that the NCA
followed its regulatory process because the decision was made
based on the information known at the time of the burial
request. Can you please share with me the vetting process you
determine if a veteran is eligible for burial in one of your
cemeteries?
Mr. Powers. Congresswoman, to determine if a veteran is
eligible, and I will start out at the larger scale, we look at
discharge documents in order to determine if the individual is
eligible based on whether the service was of the correct
character to gain basic eligibility. We completed these steps
through a scheduling office in St. Louis. It is a centralized
scheduling office. It has worked very well. And families and
funeral directors call that number so that they could quickly
schedule interments for eligible veterans. Usually veterans
keep their discharge documents with them. They have been told
to do so over a long period of time, have your discharge
documents available, and families have them. When they do not,
we are able to expedite our process and go directly to the
sources for those discharge documents once we get them, we can
make a basic eligibility determination. This process, in most
cases, gives the veteran the benefit if they are eligible.
I think your question goes to the second part of the
process, which determine those individuals who should be barred
because of the law from being buried in a national cemetery.
Mrs. Brooks. And the law is clear that a capital crime
bars----
Mr. Powers. Yes----
Mrs. Brooks. --such whether they are convicted or not, is
that correct?
Mr. Powers. That is correct. And because of the case you
refer to let me go into a little bit more detail. If there is
no conviction because the person escaped conviction because of
their own death NCA is supposed to determine if they would have
been convicted. We have to consult with department lawyers in
the different states to determine whether it was a state
capital crime or a Federal capital crime. At the point of
determining whether a veteran is eligible, our screening
process is to ask during the initial call if the individual
committed a capital crime. That is our initial screening
process. We get answers to those questions, and, based on the
answer, we go through the process of making a determination.
Also, at our facilities nationwide, we have staff members
who are members of the community. They listen to the news. They
have been told if they see a newspaper report, or that the TV
news talks about a veteran or military service, bring it in,
and we will conduct further investigation. We are also
screening the media at a nationwide level to try to gather
information.
The incident you are talking about, one of the difficulties
of that interment was the crime happened in Indianapolis. The
veteran's family lived in Southern Michigan. So the call was
made from a funeral director in Southern Michigan and Mr.
Anderson was interred at Fort Custer National Cemetery in
Michigan.
Mrs. Brooks. And so it is your testimony that actually the
authorizer to allow the interment would have asked the family
or the funeral director would have actually made the
affirmative ask as to whether or not Mr. Anderson had been
convicted of any crimes? Is that correct?
Mr. Powers. Our investigation confirms we did ask the
question. The answer to the question in this case was ``no'' by
a funeral director who actually did not know. He said no. It
was a Michigan funeral director.
Mrs. Brooks. And so I assume that NCA and the VA would
acknowledge that a mistake was made because this was something
that could have easily been determined had anyone done a Google
search, or had there been anything that had, whether or not you
look at all, when you say a nationwide outlook, and I
appreciate this was in another state. However, it is a
contiguous state. But obviously there is no independent search
besides the affirmation by the family or the funeral service?
There is nothing else that is done, correct?
Mr. Powers. We are doing those nationwide Internet searches
to try to determine those parential cases. I will tell you that
I retrospectively pulled up some of the Internet articles on
the shooting spree at the apartment complex. Not all of them
mentioned that Mr. Anderson was a veteran or had military
service. One of them did, but about three or four of them had
no indication of his military service. One of the things that
we need to preserve as we inter 124,000 veterans every year is
to watch out for those potential cases and develop a system
where we could bar individuals who should be barred, but still
not make it cumbersome for the family that is trying to bury a
veteran and they are sitting in the funeral home with an
unexpected death and just trying to get their loved one
scheduled in the next two days.
Mrs. Brooks. And I appreciate all the efforts that you do
take. But when the rare occasion happens when a mistake was
made, as it was made in this case, has the, have you considered
promulgating rules that would reconsider the interment of
veterans? Because it is our understand and what our bill is
trying to do is to allow a disinterment when a mistake is made.
Have you considered promulgating rules to correct a horrible
mistake such as the one that was made here?
Mr. Powers. We considered that and determined we could not.
Mrs. Brooks. Okay and----
Mr. Powers. And so therefore we provided you technical----
Mrs. Brooks. It would take a legal fix----
Mr. Powers. We provided you technical assistance. At the
request of the Senate Veterans' Affairs Committee the VA is
testifying today on Senator Coats' bill which is the companion
bill to your own. These bills would provide the reconsideration
authority for those types of interment decisions.
Mrs. Brooks. Okay. And I appreciate that mistakes are made.
But I am just so very sorry that the Koehl family has had to
live with this for the past year. And they have veterans in
their families as well, and so this has taken on an even
greater level of pain for that family. And so we appreciate
your work with this. And hope that we can work with the
Committee to try to pass this law.
Mr. Runyan. We look forward to working with you on that.
Mrs. Brooks. Thank you very much and I yield back.
Mr. Runyan. Thank the gentle lady. Gentlemen, again on
behalf of the Subcommittee I thank you for your testimony. And
we look forward to working with you on these important matters
and you are now excused from the witness table.
At this time we welcome our second panel to the witness
table. I welcome our second panel. The panel consists of Mr.
Todd Kleismit, Director of Community and Government Relations
for the Ohio Historical Society; Mr. Ray Kelley, Director of
National Legislative Service of Veterans of Foreign Wars; and
Ms. Ami Neiberger-Miller, Director of Outreach and Education
for the Tragedy Assistance Program for Survivors; and Ms.
Zumatto from AMVETS, who is not on my script. But we all
appreciate your attendance here today. And your complete and
written statement is entered into the hearing record. And Mr.
Kleismit, you are now recognized for your oral testimony.
STATEMENTS OF TODD KLEISMIT, DIRECTOR OF COMMUNITY & GOVERNMENT
RELATIONS, OHIO HISTORICAL SOCIETY; RAY KELLEY, DIRECTOR OF
NATIONAL LEGISLATIVE SERVICE, VETERANS OF FOREIGN WARS; AMY
NEIBERGER-MILLER, DIRECTOR OF OUTREACH AND EDUCATION, TRAGEDY
ASSISTANCE PROGRAM FOR SURVIVORS; AND DIANE M. ZUMATTO,
NATIONAL LEGISLATIVE DIRECTOR, AMVETS
STATEMENT OF TODD KLEISMIT
Mr. Kleismit. Good morning, Chairman Runyan, and Members of
the Subcommittee. It is a privilege to be with you today at
this important hearing on dignified burials for military
veterans. I thank you for the opportunity. I myself am an Army
veteran of Operation Desert Storm and appreciate the attention
you are giving to this topic which affects a large number of us
in Ohio and elsewhere.
I am here today speaking on behalf of the Ohio Historical
Society and several other organizations that were negatively
impacted by a Department of Veterans Affairs recent change that
requires that all applications for new veterans headstones be
the decedent's next of kin. History organizations like mine and
veterans organizations, high school teachers, genealogists,
archivists, county veterans organizations, funeral
professionals, and others were until recently able to apply for
VA headstones. So why would all these groups want to apply for
these headstones?
I can tell you that their voluntary commitment and
patriotism are the ingredients for the kind of American success
stories at a time when our country desperately needs success
stories like these. There are countless unmarked graves where
military veterans are buried in our mostly older cemeteries
across the country. I am aware of research that has been done
on veterans as far back as the Revolutionary War who were
buried in unmarked graves in Ohio. During the current
sesquicentennial of the American Civil War the Ohio Historical
Society and several of our other partners across Ohio had been
engaged in researching and verifying the remains of Civil War
veterans, applying for VA headstones, and concluding with a
public ceremony to honor those veterans buried but never fully
recognized in Ohio.
Paul LaRue, who is a teacher in rural Ohio, has made Ohio's
unmarked graves an annual school project since 2002. Paul has
won several teacher of the year awards because he is an
outstanding educator and because of his unmarked graves
projects his students have conducted. Paul has submitted
separate testimony complete with photos and case studies, and I
encourage you to read it if you have not already had the
opportunity to do so.
I think it is important to also consider the context of the
life experiences of these people from our past, particularly
our Civil War veterans. Many of them were poor, ethnic
minorities or African American. Most likely they were buried in
unmarked graves because they did not have family or the
resources for a proper burial in the late 19th Century or
perhaps the early 20th Century.
We are now about seven generations removed from the Civil
War era. And you know, sometimes, well, why should we care? And
these burial ceremonies are kind of the ultimate in civic
engagement, applied learning, civics, genealogical research,
and history lessons all wrapped together in one package. I have
seen at these ceremonies the tears flow. I have felt the chills
when ``Taps'' is played. So why should we care is not the right
question. Instead should we not be celebrating the fact that
21st Century citizens care enough to look back, in the case of
our Civil War veterans seven generations, to recognize the
service of others?
The Department of Veterans Affairs Headstone Program is, we
think, very good public policy when it is accessible to the
public, many of whom are volunteers who are more than willing
and happy to conduct the necessary research required. And it is
one small way that our Federal government can work
collaboratively with communities to humanize its work.
So we were disappointed of course when the VA policy was
changed proscribing that headstone applicants must be the
decedent's next of kin. As mentioned earlier we are about seven
generations removed from the Civil War era. It is completely
reasonable and appropriate to seek out veterans' next of kin
whenever possible. Unfortunately, this is seldom possible. When
it became evidence that our concerns and suggested remedies to
this policy were not getting serious consideration by the
department's leadership we then communicated this to Members of
the Ohio Congressional Delegation. We appreciate their support
which has led to Congressman Stivers' legislation on this
topic.
So this legislation would reopen the door to history and
military researchers, genealogists, local historians, and state
veterans agencies to be applicants for these headstones. It
would also align the department's application policy with the
archival records policy at the National Archives and Records
Administration for requiring military records which do not
require next of kin authorization for records dating back 62 or
more years ago. The Civil War Trust and others have created a
Web site, marktheirgraves.org, that explains the next of kin
dilemma and has collected many signatures online. I am also
including an article with my testimony that was published
online on September 11th.
While I take a certain amount of pride in the fact that
Ohio has a slightly higher percentage of military veterans than
the Nation at large there is no reason to believe that this
issue is not just as important in New Jersey, California,
Texas, Florida, Colorado, Nevada, and elsewhere.
I conclude by thanking you again for the opportunity to be
here today to express our concerns about this policy relating
to next of kin and having the opportunity to fix it one way or
the other. Thank you.
[The prepared statement of Todd Kleismit appears in the
Appendix]
Mr. Runyan. Thank you, Mr. Kleismit. And with that I
recognize Mr. Kelley for five minutes.
STATEMENT OF RAY KELLEY
Mr. Kelley. Thank you, Mr. Chairman and Ranking Member
Titus for holding this hearing today and inviting the VFW to
take the opportunity to testify regarding National Cemetery
Administration.
The VFW supports H.R. 3106, the Alicia Dawn Koehl Respect
for National Cemeteries Act, which would codify the authority
of the Secretary of the VA and DoD to reconsider prior
decisions of interments in national cemeteries. It is important
for our cemeteries to maintain their sanctity. This bill
ensures that happens.
From October 18, 1978 until October 31, 1990, VA paid
headstone and marker allowances to surviving families for
purchase of private headstones and markers on behalf of
veterans who were interred in private cemeteries in lieu of VA
providing a government funded headstone or marker. This benefit
was eliminated on November 1, 1990. So from November 2, 1990
through September 11, 2001, VA paid no assistance in the
purchase of a private headstone or marker for veterans who
qualified for interment in a national or state cemetery.
Between 2001 and 2006 as a pilot program VA provided government
headstones and markers to qualifying markers regardless of
whether or not they had a privately purchased headstone. In
2007 VA made this program permanent and included a medallion as
an alternative option to a second headstone or marker and made
it retroactive to November 1, 1990. This has allowed qualifying
veterans to receive some form of headstone or grave marker
benefit since its inception of the benefit in 1978.
Unfortunately this benefit has started, stopped, and
changed enough times that it has become confusing to veterans
and surviving families. Many do not understand why they do not
qualify for the medallion, leaving the November 1, 1990 date as
just an arbitrary starting point for a new benefit. Many of the
veterans who call the VFW state that they would be willing to
purchase the medallion if VA made them available. Based on
these conversations the VFW would support a pilot program that
would allow next of kin of the veteran who would otherwise
qualify for the medallion except for his or her date of death
to submit a request for purchase of the medallion.
NCA must maintain its commitment and appearance to national
cemeteries. Regardless of customer surveys that rate
appearances at cemeteries as excellent, the actual appearances
are in decline. There are three performance measures that
evaluate the overall appearance at national cemeteries. The
results of these performance measures have held steady the past
several years but have continually fallen short of their
strategic goal. The most concerning aspect of these goals is
the VA predicts a decline in its performance measures in its
fiscal year 2014 budget submission. VA must maintain its focus
on ensuring our national cemeteries continue to honor the
service and sacrifice of our veterans. VA must request and
Congress must appropriate specific funds for the National
Shrine Commitment to ensure these performance measures are met.
Access to burial options must continue to be a priority for
NCA. The VFW has supported the NCA policy of providing burial
options for 95 percent of all veterans within 75 miles of their
homes. In fiscal year 2011 NCA recognized that under the
current, the then current threshold of 170,000 within a 75-mile
radius no new locations would be eligible for veterans
cemeteries. NCA reduced the threshold to 80,000 veterans within
75 miles allowing burial options for an addition 550,000. That
same year they began the urban initiative and this has allowed
NCA to purchase property in densely populated areas where
veterans live within 75 miles but due to actual travel times is
not considered accessible.
In its fiscal year 2013 budget VA introduced a new burial
option, the National Veterans Burial Grounds. This will allow
NCA to increase access to burial options for veterans who live
in remote, low veteran populated areas that do not have
reasonable access to national or state cemeteries.
NCA has shown initiative in striving to meet the goals of
burial options, but NCA must continue to be flexible enough in
their policies to recognize locations where under current
policy no new national cemetery will be developed but other
factors like geographic barriers, or states that have invested
in state cemeteries but have not been granted a national
cemetery, must be considered. These policies work to ensure the
largest number of veterans have access to the veterans
cemeteries but there are occasions where the desires of
veterans must be included in this decision process.
Mr. Chairman, this concludes my testimony. I look forward
to any questions you or the Committee has.
[The prepared statement of Ray Kelley appears in the
Appendix]
Mr. Runyan. Thank you, Mr. Kelley. I now recognize Ms.
Neiberger-Miller for her five-minute testimony.
STATEMENT OF AMI NEIBERGER-MILLER
Ms. Neiberger-Miller. Thank you. I am pleased to submit
this testimony on behalf of TAPS, the Tragedy Assistance
Program for Survivors. I am the Director of Outreach and
Education and the surviving sister of Army Specialist
Christopher Neiberger, who was killed in action in Iraq in
2007. TAPS is a nonprofit organization that provides comfort
and care to anyone grieving the death of someone who died while
serving in our armed forces, regardless of where they died or
where they died.
The Subcommittee has asked for our opinion on several
matters. Regarding the Volunteer Veterans for Cemetery Service
Act. We appreciate the legislation's intent to provide
educational programs that would allow veterans to share their
military service.
Regarding the Honor Those Who Served Act of 2013, which
permits historians, genealogists, state veterans agencies,
researchers, and others to request headstones or markers for
veterans gravesites, we are pleased to support this
legislation. We would appreciate the attention of the
Subcommittee and VA staff on delays in payment for burial
allowances. The number of pending burial allowance claims is
currently more than double what it was four years ago, with
45,671 pending claims as of September 30th. While these
benefits do not route through the National Cemetery
Administration, the delay in their delivery hurts families by
forcing them to hold off on settling estates and impacts their
impressions of the VA and the National Cemetery System.
At Arlington National Cemetery, which has undergone recent
leadership changes, TAPS supported surviving families who were
upset about changes in the enforcement of the floral policy in
Section 60 where more than 800 of those who gave their lives in
Iraq and Afghanistan, including my brother, are buried. The
cemetery staff began consistently removing mementoes, rocks,
photos, pictures attaches to headstones, and other items in
late July. For more than four years families in Section 60 have
been granted leniency and the floral policy was not enforced as
rigorously. During an emotional meeting a few weeks ago with
the Superintendent families talked about how being able to
leave items and photos helped them cope as they move forward in
their lives today. The Superintendent apologized to the
families for the pain this has caused them and for a lack of
communication, and the cemetery staff worked to identify
flexibility within their existing policies. And a few days
after the meeting they notified families that they would be
allowed to leave small mementoes at gravesites without fear of
immediate removal for the six months when existing regulations
permit artificial flowers.
We realize that the cemetery must maintain a level of
decorum and propriety. At the same time, mourning practices
today are very different than those of many years ago. And
these families are often grieving deaths of very young people
in an ongoing conflict. There is no memorial for them. We are
concerned about what will happen after April 15th if weekly
cleanups resume and no additional policy accommodations can be
reached beyond what is in place today. We are very hopeful that
the cemetery will continue to engage with the families and that
the advisory committee for the cemetery will consider the needs
of these families as it makes decisions about the floral
policy. As we mentioned in April, no survivor has served on
that committee since Janet Manion's death in 2012 and we hope
that the stakeholder group could be represented.
We would also again like to bring your attention to the
limitations of the Corey Shea Act. This permits a surviving
parent to be interred with a veteran in a national cemetery if
no eligible spouse or child exists in cases where the veteran
died in action or from a training related injury.
Unfortunately, some surviving parents are not eligible because
their child did not die in action or in a training accident, or
because their loved one is buried at Arlington National
Cemetery. We hope that Subcommittee will consider expanding
eligibility for these surviving parents, or consider modifying
the waiver request process which would offer an alternate route
for these parents. Unfortunately, neither the National Cemetery
System nor Arlington National Cemetery can make a decision on a
waive until a person has died, which offers no comfort to these
hurting parents. This is an areas where your attention could
make a difference for some who are suffering and have
sacrificed so much for their country.
Thank you for the opportunity to submit our testimony and
we welcome any questions.
[The prepared statement of Amy Neiberger-Miller appears in
the Appendix]
Mr. Runyan. Thank you, Ms. Neiberger-Miller. And next I
recognize Ms. Zumatto for her testimony.
STATEMENT OF DIANE M. ZUMATTO
Ms. Zumatto. Good morning Chairman Runyan, Ranking Member
Titus, and distinguished Committee Members. I am pleased to sit
before you once again on behalf of AMVETS to share our praise
and concerns related to the National Cemetery Administration
and the dignified burial of all American veterans.
The most important obligation of the National Cemetery
Administration is honoring the memory of the brave American men
and women who have over the course of our Nation's history
selflessly served in our armed forces. It is with this sacred
duty in mind that AMVETS encourages the highest levels of
stewardship, accessibility, and preservation of our entire NCA
Cemetery System as well as Arlington National Cemetery. AMVETS
believes that the dignified burial of America's veterans is as
important as any other service provided by the VA. Therefore,
AMVETS supports extending advanced appropriations to the
remainder of the discretionary and mandatory programs,
services, and benefits accounts of the VA. This issue of
advanced appropriations is at the top of our list of concerns
regarding all VA operations.
As the recent government shutdown has without a doubt
proven, advanced appropriations not only work, they work well.
While other critical veterans services were delayed, disrupted,
and/or suspended, thanks to their advanced funding VA hospitals
and clinics were able to continue funding uninterrupted care to
our veterans. NCA would benefit by the extension of advanced
appropriations by permanently preventing the interruption of a
variety of burial and memorial services, including limited and/
or delayed interment schedules, stoppage of administrative
services, interruption of grounds maintenance, and the
inability to provide headstones, markers, medallions, and other
burial receptacles to veterans and eligible family members.
AMVETS cannot say enough about the excellent job Under
Secretary Muro has done during this tenure at NCA in executing
the important mission of his office, and under his leadership
with continued funding at appropriate levels he will bring the
NCA to new levels of distinction in fiscal year 2014 including
continuing to address increasing workload requirements,
expanding burial access for veterans and their eligible family
members, achieving high levels of customer satisfaction, and
implementing cost savings and operational improvement measures.
Additionally, AMVETS supports the NCA as they continue to
make significant progress on several major initiatives
including land acquisitions and critical master planning
efforts, especially in rural areas; improving preservation and
restoration of irreplaceable historic resources which not only
commemorate the valor and service of our veterans but record
the very historic fabric of our Nation; continued development
and utilization of customer service best practices; continued
leadership in and expansion of the hiring and training of
veterans; and improvements in environmental stewardship and
facilities maintenance which are able to leverage resources
while upholding national shrine standards.
Finally it is our understanding that a number of
legislative proposals were submitted with the NCA's fiscal year
2014 budget request, all of which AMVETS would be willing to
support.
This concludes my testimony for today and I would be happy
to answer any questions you may have.
[The prepared statement of Diane M. Zumatto appears in the
Appendix]
Mr. Runyan. Thank you, Ms. Zumatto. And I will begin
questions. And my first question actually is for Mr. Kelley.
You brought up in your testimony talking about the appearance
and the decline in those appearances at cemeteries. Do you have
specific conditions and/or individual cemeteries that have been
brought to the VFW's attention?
Mr. Kelley. I have not heard reports from the field of
particular situations. What I used was VA's own documentation
of their budget submission year to year, which outlines their
goals and objectives. Six years ago they were at 60-some
percent, money was appropriated, initiatives were taken. They
got up to, in the, some of them, there are multiple different
measures, in the high seventies, low eighties, with a goal
being 95 percent. In this last budget submission they
foreshadow that it is going to decrease. I can only assume that
was because of the lack of funding that is going to those
accounts.
Mr. Runyan. Okay. Next question is for Ms. Neiberger-
Miller. In your testimony you highlight the impact of delay in
the payment of burial benefits from VBA can have on families
with their experience at NCA. Now obviously we do not have any
representatives from VBA here and we do have representatives
from NCA with us. Can you further describe for them the
hardship many families deal with in their delay? And how do you
envision a partnership between NCA and VBA would be to address
the issue?
Ms. Neiberger-Miller. I think one of the challenges is that
the perception of families is that these are within the same
agency and therefore connected. A funeral is held in a cemetery
and burial benefits are associated with that. We have a case
right now in our case work department where a surviving father
filed for burial benefits a month after his son's funeral, it
was in March of 2012. The claim was initially denied. When he
questioned that he later found out that VA had actually paid a
fraudulent claim by mistake from another relative who was not
involved with the funeral. And VA then said they had lost his
original claim. He then refiled for his new claim in April of
this year and has been told he will wait 12 to 14 months for
those benefits, that it is being treated completely as a new
claim. And you know, to ask a grieving family to wait two years
in this case, admittedly a year lost due to the original denial
and the fraud, to ask a family to wait a year for what should
appear to be a rather basic benefit, certainly not as
complicated as a veterans disability claim, you know, does seem
extremely egregious and difficult for families. Because it
means they have to hold off on settling estates, they have to
wait. And this becomes a bureaucracy that they then have to
negotiate as a grieving person.
Mr. Runyan. And I have one more question to you because I
kind of touched on it with the first panel with Mr. Hallinan.
But your testimony also emphasized the increased need for
sensitivity training for staff at Arlington National, and that
TAPS would be willing to assist in such training. What would
such training entail and how would TAPS go about working with
it, with NCA to implement something like that?
Ms. Neiberger-Miller. TAPS would be pleased to help provide
bereavement training to help support national cemetery staff
both through NCA and at Arlington National Cemetery. The way we
would go about setting that up would be to schedule a date,
talk about some of the needs that the staff would have, the
types of interactions they are having with families, and even
some of the challenges that they are experiencing. We work with
grieving families everyday at TAPS and we are very familiar
with many of the challenges that come up with that and have
many protocols and procedures in place through our survivor
care team and our case work management team to help with
families who are sometimes struggling and experiencing
different issues, and just having a hard time. And then we
would design a training that would meet the needs that are
there while applying our expertise and our background in grief
and trauma.
Mr. Runyan. Are there any specific incidences that actually
raise your question of that they need actually sensitivity
training?
Ms. Neiberger-Miller. Well sir, I think for anyone who
works with grieving people who have been through a lot of
trauma, some training is always especially appropriate. Just
because there are times when families even in a caring
organizations like ours, which has many survivors on staff,
where families sometimes have a really hard time. And it is
hard to know how to respond to that. There have been one or two
instances where we have heard with families with issues. But
the majority of people who interface with Arlington National
Cemetery and the National Cemetery Administration System have a
positive experience. You know, it is a rare instance when
something happens. And good training can really help avoid even
those rare instances.
Mr. Runyan. Thank you. With that I will recognize the
Ranking Member Ms. Titus.
Ms. Titus. Thank you, Mr. Chairman. Mr. Kelley, I just want
to recognize before I ask my question that one of your Nevada
Members, Senior Vice Commander in Chief John Stroud, is
currently in Vietnam working on a search for comrades who are
missing in action. I understand they are doing a dig at a crash
site and so we certainly wish them well and hope they will be
able to recover some of our missing servicemembers and bring
them home after such a long time. So thank you and the VFW so
much for those efforts. We really do appreciate it.
Mr. Kelley. I will pass on your regard. Thank you.
Ms. Titus. Thank you. I would just ask you, Mr. Kelley and
Ms. Zumatto, if the VFW and AMVETS would be willing to help to
look at the current funding formulas that set up where
cemeteries go to see if we might need to revisit that criteria
or that formula to see if we cannot better serve the many
veterans who are spread out across the West where there are not
national cemeteries now.
Mr. Kelley. I would be happy to work with you. To brag on
the veterans community and on VA, years ago they had just a
dysfunctional system of where they are going to go. They came
up with a policy to help organize that. We pointed out over the
time that there are areas that this just does not make good
sense. In urban areas, in remote areas that they are never
going to have anything served. Your veteran ratio is going to
be too high at some point. All of those things have been solved
at this point. It has taken time. It has taken effort. It has
taken communication. I am optimistic that VA can do the same
thing with the other issues as well.
Ms. Titus. Well thank you.
Ms. Zumatto. Anything that, you know, any assistance that
we can offer in support and, you know, for the vets, and our
cemetery system, we are happy to work with all stakeholders.
Ms. Titus. I appreciate that. Because the veterans who are
located in the West should not be a victim of geography. You
know, because those are large states and they are spread out.
There are a number of them there and we need to be sure they
are served as well. So thank you very much. Mr. Chairman?
Mr. Runyan. Mr. O'Rourke?
Mr. O'Rourke. Thank you, Mr. Chair. I want to thank
everyone who has testified for your testimony and also
answering the questions so far. And I also want to note for the
record that the previous panel has stayed, the representatives
from Department of Defense and VA and their teams, and I think
that says something about their commitment to continuing to
improve and ensure that they are listening to you. And taking
what you have to say into account. So I want to thank them.
Ms. Zumatto, I want to commend you for making the point
that we need advanced appropriations for all aspects of the VA,
including NCA. And that was really, as you pointed out, brought
home during this last shutdown. And I would be very surprised,
we are going to check, if there is not unanimous support on
this Committee. And if there is not, there should be, in terms
of cosponsorship for the bill that would do just that. And I am
hopeful that once we are able to get that support here that
that is something that is supported overwhelmingly in the House
and in the Senate, and we can get that done. That to me is a
no-brainer. So thanks for bringing that point home. I think you
are right on.
And for Ms. Neiberger-Miller, you know, you talked about
allowing for greater flexibility at the cemeteries and ensuring
that there is a level of community input and responsiveness to
the needs of local communities when it comes to their
preferences. You may have heard my questioning earlier of Mr.
Powers about what we can do to improve the situation at Fort
Bliss Cemetery, where we have a xeriscaped, you know, pretty
arid environment, uninviting environment for families who are
coming to visit loved ones who are buried there. I wondered if
you had any advice based on your experience on how a community
such as ours might work with NCA? Might take the initiative
ourselves in making recommendations, funding some of those
recommendations? I would love to get your thoughts on that.
Ms. Neiberger-Miller. Thank you. I think one of the models
to look at is for example how some of the community has tried
to work together at Arlington to resolve what has been
essentially a dispute and a change in culture and practice. In
that the parties involved are all talking to each other. That
does not mean that they have all reached agreement, or have
agreed on a particular course of action. But they have met face
to face. They are not just duking it out through letters to the
editor or in the media. They have looked each other in the eye
and talked about it. And are seeing each other I think more as
real people. And I think that is an important first step.
I also think it is important for the community to feel like
they are heard and listened to. And I know sometimes that is
very hard, especially for administrators who see things in a
total systems perspective at times, and they look at the whole
big picture. And you have someone there who has a piece of
that. And you may have to hear it many times. And that can be
challenging too.
You know, we had also heard a couple of comments about the
Fort Bliss Cemetery and the xeriscaping. And, you know, had
heard some concerns about it and the way it looked, and had
noticed the public concern about it. I think it is important
for people to come together and talk about what solutions might
be possible and you are certainly taking the first steps to do
that.
Mr. O'Rourke. Thank you. For Mr. Kelley and Ms. Zumatto,
veterans service organizations such as yours do so much to fill
in the gaps left by frankly sometimes a lack of follow through
or resources on the Federal government's part. And most
strikingly for us in El Paso, that is with service-connected
disability claims, and the wait times, and the efforts that you
have made to help veterans file those and to get justice when
they are not, when they do not get a response in a reasonable
period of time. Following that same model, I wondered if you
could share any thoughts you have for how VSOs could play more
of a role in filling gaps that have been identified in today's
hearing with the NCA? And again, specifically I am very
interested in how we do a better job in El Paso. But I am
assuming what you have to say on that could apply to national
cemeteries across the country. So Mr. Kelley, if you would not
mind talking about where VSOs can play an important role here?
Mr. Kelley. I do not know if there is a cookie cutter
answer for that. Our members have different programs that vary
from place to place. It could be doing color guards. It could
be doing assistance to the family, doing flag foldings at the
cemeteries, being a greeter at the cemeteries. Those are the
things that they do. And they identify those gaps where they
are at. So if they see that there is nobody doing military
honors at this, they will get a group of people together, put a
team together, and go out and do that. In another location that
might be taken care of but there is nobody there at the
visitors center to say hello, so they will do that. So I do not
know if there is really a single thing. They look in their own
communities, find those gaps, and then work to fill them.
Mr. O'Rourke. Thank you. Ms. Zumatto, I am out of time so
briefly I would love to get your thoughts.
Ms. Zumatto. Well obviously I totally agree with what Ray
just said. But maybe one of the things that we could do at the
national level would be to put a little bit more emphasis on
the cemetery issue and maybe make our members throughout the
country a little bit more cognizant and maybe ask them to step
out and look a little bit more closely to see what the gaps
are, where they are, and if they can jump in a fill those gaps.
Mr. O'Rourke. Thanks. I want to thank each of you again for
your testimony. And Mr. Chair, I yield back.
Mr. Runyan. I thank the gentleman. And I actually do have
one kind of big question, probably a three-part question, for
Mr. Kleismit. Pertaining to what outreach did the Ohio
Historical Society have with respect to the VA in proposing
remedies to the regulatory complication? Also, what response
did you receive? And if the VA's next of kin requirement were
to remain would you have any recourse to obtain headstones for
unmarked graves? Or would your continued work in this area be
impossible?
Mr. Kleismit. Thank you for the question, Mr. Chairman.
Yes, we did send a rather detailed letter explaining our
situation to the Under Secretary back last December. And we got
a response three months later that from our vantage point was
disappointing. It said that, you know, there are resources
online to find next of kin, and things of that nature. So at
that point that is when we engaged the congressional delegation
and led to the legislation. So that is one of the things that
transpired.
We are, I an encouraged by what I have heard from the NCA
this morning about how seriously they are reviewing that
policy. I think that is terrific. So as Congressman Stivers
mentioned, if that, if the legislation becomes unnecessary we
would be thrilled simply to have the recourse to be able to be
applicants, just the community of historians and funeral
professionals, the people that we have typically engaged with.
So we would thrilled just to simply find a resolution to this.
We never intended to be the antagonists on this issue, which is
why our initial letter came up with a couple of suggestions
that Congressman Stivers has incorporated into his bill. So we
are cautiously optimistic here. Thank you.
Mr. Runyan. Thank you. Do any Members have anything
further? No? Well I would like to thank all of you. And on
behalf of the Subcommittee thank you for your testimony. You
are now all excused, and thank everyone for being here with us
today. The status reports from our cemetery representatives,
the input from public and VSO community was well presented, and
this Subcommittee appreciates all the work that went into the
preparation for today's hearing. I look forward to future
updates on the matters that we have heard about today and I
look forward to working with you all throughout this Congress
to ensure that the final resting places of our veterans and
their families left behind receive the highest standard of
care.
I would like to again thank all of our witnesses for being
here today. I ask unanimous consent that all Members have five
legislative days to revise and extend their remarks and include
any extraneous material. Hearing no objection, so ordered. I
thank the Members for their attendance and this hearing is now
adjourned.
[Whereupon, at 12:17 p.m., the Subcommittee was adjourned.]
A P P E N D I X
----------
Prepared Statement of Hon. Jon Runyan, Chairman
Good morning and welcome everyone. This oversight hearing of the
Subcommittee on Disability Assistance and Memorial Affairs will now
come to order.
We are here today to examine issues facing our military and
veterans' cemeteries. Our goal in this hearing is to learn more about
the operations of the National Cemetery Administration in recent
months, as well as seek the Administration's commentary on several
focused issues that I will highlight momentarily.
We also wish to welcome Mr. Hallinan to his new role as the
Executive Director of the Army National Military Cemeteries and to hear
about his work and his vision for continuing the honorable mission of
Arlington National Cemetery.
Previously, Mr. Hallinan worked side by side with the former
Director, Ms. Kathryn Condon, and together they provided
revitalization, leadership, and structure to an operation that had been
plagued by mismanagement. Prior to that, he worked alongside Under
Secretary Muro with the National Cemetery Administration, where he held
various positions from laborer to cemetery director. So, Mr. Hallinan -
welcome, and we look forward to hearing from you today.
The endeavors of NCA and ANC are among the most honorable in
government. The people within these organizations work day-in and day-
out to honor veterans and servicemembers with dignified burials, and to
assist families and loved ones who must deal with loss and tremendous
grief.
I would like to take a moment to acknowledge a few people who have
come to sit in the audience for our hearing today.
Ms. Laurie Laychak], who lost her husband, David Laychak ,on 9/11
at the Pentagon is here today. Through TAPS, Laurie mentors other
widows whose spouses have been buried within section 60 of Arlington
National Cemetery.
Ms. Paula Davis, is a surviving mother who lost her only child,
Army Private Justin Davis, in Afghanistan in 2006 at age 19. He is
buried in section 60 of Arlington National Cemetery.
And, Ms. Rose Duval is a Vietnam Veteran herself, and the surviving
mother of Air Force Technical Sergeant Scott Duffman, who died in
Afghanistan in 2007. He is buried in section 60 of Arlington National
Cemetery as well.
Ms. Laychak, Ms. Davis, Ms. Duval--We truly thank you all for
engaging in these issues, not only for your loved ones at Arlington
National Cemetery, but also for the interest of so many families and
friends who have suffered tragic loss, and who entrust Arlington
National Cemetery and the National Cemetery Administration to assist
them in honoring, and memorializing, their loved ones.
As I have said before, our Nation's solemn obligation to honor
those who have served does not cease at the end of their service,
retirement, or ultimately, upon death, and it is the responsibility of
the National Cemetery Administration and Arlington National Cemetery to
see this commitment through.
Specifically today, the Committee is interested in hearing from the
National Cemetery Administration on several focused areas, one of which
is the burial access initiative for rural veterans.
In an attempt to provide service to veterans who do not live in
close proximity to a National Cemetery, NCA has proposed to establish
National Veterans Burial Grounds in rural areas where the veteran
population is less than 25,000 within a 75 mile area.
This initiative targets Idaho, Montana, Nevada, North Dakota,
Maine, Utah, Wisconsin, and Wyoming, and I look forward to hearing more
about the progress of this initiative.
In addition, other issues have come to light since our last
cemetery hearing, one of which is a matter of great sensitivity.
The Subcommittee has been made aware of a terrible incident that
occurred in Indiana. In May of 2013, a veteran shot and killed a woman,
in what was reported as a random act of violence. He wounded several
others, and ultimately took his own life.
Although the law restricts an individual who commits a capital
crime from burial in an NCA cemetery, or within Arlington National
Cemetery, this murderer was interred within Fort Custer National
Cemetery. This has, understandably, enraged and deeply hurt many
people, including those injured, as well as the murder victim's family.
What can be done in situations such as this, and what authority should
exist to correct unlawful interments that occur by way of error? This
is a matter that the Committee seeks information upon today.
One other area that will be addressed today is a repeated concern
that we hear from volunteer historians, local governments, and funeral
professionals who seek to identify and recognize veterans buried with
no next-of-kin. In April, we held a hearing and spoke about the NCA
regulation that has prevented these groups from obtaining headstones or
markers for veterans.
At that time, the Committee was informed that NCA was looking at a
regulation rewrite to correct what had become an overly restrictive
policy that prevents well-intentioned volunteers, or government
entities, from obtaining these markers. As this is a matter of on-going
concern, we will hear testimony on this issue today.
I would like to welcome our witnesses. As noted, these panelists
play significant roles in ensuring that we as a Nation fulfill our
responsibilities to honor those who have served us all.
We hope that through discussions and questioning such as will occur
today, we can work collectively to not only meet the challenges, but to
exceed the standard.
Mr. Patrick Hallinan is here representing the Army National
Cemeteries Program, which includes perhaps the most recognizable site
of our honored fallen in Arlington National Cemetery.
Mr. Glenn Powers, Deputy Under Secretary for Field Programs is here
on behalf of the National Cemetery Administration, which oversees 131
cemeteries nationwide.
We will also be hearing from Mr. Todd Kleismit, the Director of
Community and Government Relations for the Ohio Historical Society, Mr.
Ray Kelley, who is the Director of National Legislative Service with
VFW, Ms. Ami Neiberger-Miller, who is the Director of Outreach and
Education with Tragedy Assistance Program for Survivors, and Ms. Diane
Zumatto, National Legislative Director for AMMVETS.
Finally, Statement for the Records have been received from
Washington High School Educator, Mr. Paul LaRue, and Green-Wood
Cemetery Historian, Mr. Jeff Richman.
With those introductions complete, I also thank the Members who are
not on this Committee but who have expressed an interest in today's
hearing topic. I'd like to ask unanimous consent that Representative
Stivers, Representative Brooks, and Representative Daines be allowed to
participate in today's hearing.
Hearing no objection, so ordered.
I thank you all for being with us today and I now yield to our
Ranking Member for her opening statement.
Prepared Statement of Hon. Dina Titus
Thank you, Mr. Chairman, for holding a hearing on this very
important topic. I also want to thank the witnesses for their
attendance this morning.
It is my belief that the option of a burial in a VA national
cemetery, in the state you call home, is a solemn obligation our
government should fulfill. The National Cemetery Administration has
grown dramatically since its creation in 1862 when 14 cemeteries were
established to serve as a permanent resting place for those killed
during the Civil War.
On July 17 of that year, Congress enacted legislation that
authorized the President to purchase ``cemetery grounds'' to be used as
national cemeteries ``for soldiers who shall have died in the service
of the country.''
In 1873, ALL honorably discharged Veterans became eligible for
burial.
Since then, NCA has expanded its geographic diversity to better
serve Veterans across the country and recent legislation has even
further expanded NCA's reach to rural and urban areas.
There are 131 National Cemeteries in the United States. New York
has seven active national cemeteries. Three other states have six
active national cemeteries, and Puerto Rico has two.
However, while access has grown significantly, there is still a
very large population of Veterans that do not have the option of being
buried in one of our Nation's prestigious National Cemeteries in the
state they call home.
The state with the largest Veterans population without a National
Cemetery happens to be Nevada, home to a fast growing population of
over 301,000 veterans. I represent Las Vegas, home to 170,000 veterans.
We also represent the largest area in the country without a National
Cemetery.
In total, 11 states with a combined Veteran population of 1.8
million are not served by a National Cemetery.
The Nation's largest group of wartime veterans phrased this
challenge well in stating that, ``NCA must be flexible enough in their
policies to recognize locations where under current policy, no new
national cemetery will be developed, but other factors like geographic
barriers or states that have invested in state cemeteries but have not
been granted a national cemetery MUST be considered.''
I am in complete agreement with the VFW and thank them for their
testimony. While I applaud VA's efforts to reach underserved
populations, I am also concerned that NCA is not working within the
local veterans' community to determine where the placement of rural
initiatives should be.
Has the VA asked the Nevada and Idaho veteran community if they
agree that the rural initiatives should be in Elko and Twin Falls? I am
hopeful that NCA is willing to do the right thing by engaging our local
veterans with regards to the placement of these shrines in western
states that have long been overlooked by our Nation and the National
Cemetery Administration.
I also hope that the VA is not looking to use these rural
initiatives as a way to appease these states that are not served by a
national cemetery and then suggest that they are served by a National
Cemetery. Let's be clear, rural initiatives are not National
Cemeteries. These rural initiatives will be operated by contractors
unlike National Cemeteries, and are being placed in rural areas, even
by western standards, and will serve very few veterans.
It is also very concerning that NCA only surveys the families of
veterans who have chosen to utilize a national cemetery, while ignoring
those who chose a different option as a final resting place. If NCA is
looking to offer options that serve all veterans and their families,
this self-selecting survey fails to provide honest feedback.
I am hopeful to hear an update from NCA on any plans they may have
to better address our western veteran's lack of an option to be buried
in a National Cemetery. Let us remember all of these veterans and
servicemembers served our Nation. As such, with over 130 national
cemeteries, it is time to open a national cemetery to the 1.8 million
veterans that do not have this option.
I yield back.
Prepared Statement of Mr. Patrick K. Hallinan
Chairman Runyan, Ranking Member Titus and distinguished Members of
the Subcommittee, thank you for the opportunity to provide an update on
operations at Arlington National Cemetery and our efforts to sustain
the sacred trust of our Veterans and Families. Since Ms. Condon
provided her final testimony as Executive Director, Army National
Military Cemeteries to this subcommittee a year ago, I have been
honored and humbled by my selection as the new Executive Director. The
transition of leadership has been smooth and effective providing a
continuity of operations as we build upon the successes of our recent
past to better serve our Veterans, Families, and the public.
I am pleased to testify alongside my former colleague, Mr. Glenn
Powers, Deputy Under Secretary for Field Programs of the National
Cemetery Administration. I would also like to thank Mr. Steve Muro,
Under Secretary for Memorial Affairs, my friend and colleague for many
years for his support of Arlington National Cemetery. Through the
positive working relationship of Arlington National Cemetery and the
National Cemetery Administration, we have trained staff, shared ideas
and best practices, and provided opportunities for employees to
permanently move across organizational boundaries.
Building upon the foundation of our dedicated efforts, each of us
are privileged to serve the nation as caretakers of our nation's most
sacred shrine at Arlington. We remain committed to constant improvement
of our operations. During the past seven months, my team has
identified--and created--industry-leading standards with auditable
business practices and institutionalized them at Arlington. We have
designed and implemented stringent chain-of-custody controls with
multiple points of redundancy to ensure accountability with a zero
defect tolerance. We have instituted processes that have reduced the
time for placement of headstones from multiple months after a service
to an average of 45 days. We continue to perfect information technology
that enables us to operate more efficiently internally as well as
provide interactive capabilities to the general public. We are
considering ways forward to repair and replace our aging
infrastructure, and increase burial capacity at Arlington and extend
the active life of the cemetery. We continue to perfect our
organizational inspection program which will capture in Army doctrine
the current standards and practices in place at Arlington, and
facilitate the implementation of those standards and practices at all
40 Army Post Cemeteries nationwide. My team is dedicated to improving
the Arlington experience for our visitors and perfecting our logistical
and administrative best practices. We are focused on our core mission.
The pace of requests and burials at Arlington remains at an all-time
high, and our workforce is meeting the challenge.
BUILDING UPON OUR FOUNDATION OF EXCELLENCE
Arlington will fill its current vacancies, to include key
positions, refine cemetery operations, expand our robust training
program, and institutionalize cemetery expertise. As the Director of
Army National Military Cemeteries, I will provide training assistance
to our Post cemeteries while implementing an inspection program across
those Army cemeteries in keeping with the high standards of Arlington.
The progress we have made at Arlington could not have been achieved
without the excellent support and assistance of the Secretary of the
Army and the ``Big Army''. Additionally, I wish to acknowledge Military
District of Washington's Joint Forces, Army, Navy, Marine Corp, Air
Force, and Coast Guard for their superb service day in and day out.
With the guidance of the Advisory Committee on Arlington National
Cemetery, along with the invaluable efforts our Chaplains and the
Arlington Ladies, we form a committed and united team dedicated to
providing our nation's fallen with the honors they've earned through
their service to our country.
Sustaining Accountability
The Arlington National Cemetery team is building on the foundation
of success achieved with 100% accountability for all decedents interred
or inurned at ANC and Soldiers and Airmen's Home National Cemetery
using established accountability processes and geospatial mapping
technology. The intensive, two year effort to achieve 100%
accountability effort at Arlington was completed in the summer of 2012.
Our personnel certify each burial service conducted daily, using a
duplicative verification of grave location and decedent remains.
Additionally, we digitally photograph every remains container interred
and digitally associate that image with the burial record in our
authoritative and auditable system of record.
To sustain 100% accountability and export our best practices to
other Army Cemeteries, Arlington is perfecting and expanding our
Organizational Inspection Program. Arlington National Cemetery
continues to use and refine our detailed Organization Inspection
Program as well as a Standards and Measures Program to self-evaluate
operations and performance measures at Arlington and the Soldiers' and
Airmen's Home National Cemetery. Our team began a detailed effort in
the summer of 2013 to transform the ANC focused processes and programs
into an appropriate inspection program applicable to the other 40 Army
Post Cemeteries with an expected completion date of 31 December 2013.
Upon completion of the inspection program, we will begin a systemic
train, assist, and inspect program across all Army cemeteries. The Army
National Military Cemetery (ANMC)-led inspection program will
complement, not replace, the local installation commander's programs.
With our on-going work with the Organizational Inspection Program
and updates to our authoritative regulations and policies, we also
looked to improve and expand our training programs. Arlington National
Cemetery established a training program for new employees in the summer
of 2013. This recurring training program, centered on the ANC's
Standards and Measures Program, will form the backbone of an ANMC-led
training program for Cemetery Responsible Officials, and any other
personnel that installation commanders responsible for cemeteries,
desire to attend training. The training will be conducted at Arlington
National Cemetery, and will provide authoritative training in best
practices and standard procedures, complementing the information found
in the Army Regulation and DA Pamphlet. This in-person, on-the-ground
training will provide a clear picture of operation standards and norms
for a national military cemetery. Attendees that successfully complete
the training will receive official ANMC certification.
Headstones
In March 2013, Arlington National Cemetery began directly ordering
government headstone and niche covers from the Department of Veterans'
Affairs contractor resulting in more timely and accurate ordering of
headstones. Prior to conducting a funeral service, cemetery
representatives work with the primary next of kin or person authorized
to direct disposition of the remains using an automated headstone
designer tool to create a proposed headstone template. After the
template is agreed upon, we wait two weeks from the date of service to
allow Families the opportunity to change terms of endearment or other
items of personal preference on the headstone. Following this designed
intentional wait time, our Interment Services Branch staff reviews,
approves, and submits the order to the Department of Veterans' Affairs
contractor. The average time from date of interment to setting of the
stone is 45 days - previously this took four to six months.
Ongoing Planning and Design for Cemetery Expansion and Infrastructure
The Army remains committed to maintaining Arlington National
Cemetery as an active cemetery for as long as possible to continue to
honor and serve our Nation's military heroes. In support of that
commitment, last year we completed the construction of Columbarium
Court 9. This new Columbarium added 20,296 burial niches for cremated
remains and extended the Cemetery's projected capability to accept
cremated remains from 2016 until approximately 2024. During our May 9,
2013 Columbarium Court 9 dedication, Arlington National Cemetery, with
the support of the Missing in America Project, inurned, with honor, six
unclaimed remains, from all branches of our Armed Forces. A most
fitting tribute to these deserving service members. This Columbarium is
special in two ways, not only is it the largest Columbarium Court at
the Cemetery, but its construction was funded entirely from the
recovery of unliquidated prior year funds, demonstrating our commitment
to appropriately manage and utilize all available funding to improve
the Cemetery. Thus far, we have been honored to place over 225 Service
or family members in Court 9.
Working closely with the U.S. Army Corps of Engineers, the National
Park Service, the Commission of Fine Arts, the National Capital
Planning Commission, and our Advisory Committee, we have completed
planning for the Millennium Project expansion in the northern part of
the cemetery. There were several iterations of design concepts for this
project as the Cemetery tried to balance the need for increasing burial
capacity while at the same time being environmentally-responsible,
incorporating and protecting the area's natural beauty and historic
nature into the design. A construction contract was awarded in
September and work will commence shortly. When construction is
completed, it will add approximately 27,282 new burial opportunities.
With the Millennium project construction underway, we have begun
planning an expansion on the southern side of the cemetery, into the
land formerly occupied by the Navy Annex. We are in the earliest stages
of project planning with the demolition of the previous facilities not
scheduled to be completed until early 2014. As evidenced with the
Millennium Project, the dedication of the project team, and continuous
stakeholder involvement, will create a project concept that is both an
appropriate expansion to the Cemetery and a place of honor for our
veterans and their families. Although it is too early to tell what the
final development will yield for the Navy Annex site, we project that
with the Millennium expansion and the repurposed former Navy Annex
site, the cemetery will have first interment space through the mid-
2050s.
Arlington continues to work diligently to complete the most
critical repairs to our aging infrastructure. We previously noted work
on waterlines, flagstone, heating and cooling systems, but much work
still needs to be accomplished. We have recently begun work on the
second of five phases of waterline replacement. We have work underway
to address several years of deferred maintenance on our parking garage,
and will begin shortly to address additional phases of flagstone
replacements, both of which will improve the safety and appearance of
the cemetery. Our priorities for maintenance and repair work continue
to focus on mission, safety and environmental protection.
With your great support we have been able to make many improvements
to the aging infrastructure of the cemetery improving the safety of our
grounds and protecting the environment. More work is required, some of
which may be emergent. For instance, on May 30, 2013, my staff arrived
at the cemetery to find a sinkhole in the middle of one of our roads.
Investigation of the sinkhole revealed an area with many previous
superficial repairs that over time resulted in the undermining of a
culvert and ultimately failure of the roadway. We were fortunate in
this case that it was not in an active part of the cemetery. It is
these unexpected issues that we continue to find that impacts our
priorities. Fortunately, your strong support has enabled us to address
these issues.
Technology at Arlington
Arlington National Cemetery continues to implement technology to
streamline cemetery operations and improve our visitors' ability to
explore the rich history of this National Shrine. We have made
improvements to Arlington's Interment Scheduling System and our
Geographic Information Systems to manage day-to-day operations.
Just over a year ago, Arlington launched ANC Explorer, a free, web-
based application that has transformed how visitors explorer the
Cemetery. ANC Explorer allows Families and the public to locate
gravesites, events or other points of interest throughout the Cemetery;
to generate front-and-back photos of a headstone or monument; and to
receive directions to these locations. We have installed kiosks with
ANC Explorer in our Welcome Center and have one outdoor kiosk in the
cemetery, with the intention to add additional outdoor kiosks later
this year. I am excited to report that in less than one year, we have
reached over 60,000 downloads of our first version of this app. This
spring, as part of Arlington National Cemetery's 150 anniversary
commemoration, we will be releasing an updated version of ANC Explorer
that will include enhanced functionality and tours that can be
customized by the user.
Our GIS operational technology and application has received a
number of awards from Federal Computing Week, Computer World, and
Government Computer News. ANC Explorer was named, ``App of the Year,''
at the 2013 Federal Computing Mobile Summit.
We are always looking for opportunities for Families and the public
to explore this national treasure. Arlington has partnered with Google
to include Arlington National Cemetery in their Street View Collection.
On October 20, 2013, the Google Street View team collected images
walking the paths and driving the road of cemetery. Once the images are
``stitched'' together, visitors can take a 360-degree virtual tour of
the entire cemetery on their smartphone or computer.
WORK REMAINS
Section 60 Update
On Sunday, October 6, 2013, my senior staff and I conducted a round
table discussion with twenty one Gold Star Families. The discussion
addressed issues associated with cemetery maintenance and the Section
60 Mementos Pilot Program. The meeting was positive and generated
several suggestions for improving communications between the family and
Arlington National Cemetery. We have agreed to hold Gold Star Family
roundtables twice a year. We are working to identify flexibility within
existing policies. For example, as the cemetery enters the non-growing
season (where mowing of the grounds is less frequent), the cemetery
will allow small photographs and small handcrafted items not affixed to
the headstone to be left at gravesites.
Arlington National Cemetery policy, which is similar to that of
other national cemeteries, allows artificial flowers to be left at
gravesites between October 10 and April 15. Allowing additional items
to be left at gravesites during this time period is consistent with
that policy. We will continue standard grounds maintenance during this
time period and remove decayed floral items, items that are affixed to
headstones or those that pose a safety hazard to visitors and staff,
such as tobacco, alcohol, ammunition, or glass items. Every other
Friday, cemetery personnel will also remove items considered to detract
from the dignity and decorum of Arlington National Cemetery. I am
committed to keeping the Gold Star Families informed and provide notice
prior to implementation of any changes.
Reducing the Queue for Services at Arlington National Cemetery
Our core mission is to take care of Families at their time of need
and schedule the service desired with appropriate honors earned as
quickly as possible. This process requires working with the Families to
document eligibility and with the services to schedule resources. We
have implemented several measures to streamline the eligibility
determination and scheduling process to reduce the amount of time
Families must wait between first contact and the actual service. Since
December 2010, we have collected metrics and data to better understand
the interment services demand at Arlington National Cemetery. Requests
for burial at ANC occur at a robust pace, and we expect the demand to
remain constant as veterans and eligible service members from conflicts
during the late twentieth century reach advanced age.
Over the last year, Arlington experienced a significant personnel
turnover in the scheduling branch. Despite our best efforts to fill all
vacancies, the temporary loss of personnel significantly impacted our
ability to schedule funeral services, particularly inurnments. In March
2013, we noted an increase to the scheduling delay due to this loss of
personnel. In response, Arlington sought and received authorization to
hire against the vacant positions. By late June, the vacant positions
were filled; and, when requested, the Secretary of the Army approved
the use of overtime pay and temporarily reassigned personnel to assist
in reducing the growing volume of requests. To reduce the impact to
Families, the Secretary of the Army authorized me to direct re-
allocation of additional personnel from existing end strength. This
leadership focus significantly reduced the total of those pending
scheduling.
THE IMPACTS OF THE LAPSE IN APPROPRIATION
The lapse of appropriation has caused Arlington National Cemetery
to utilize available prior year funding to continue burial activities
for our Veterans and their Families at our normal level. The available
prior year funds allowed for continued burial operations during the
sixteen day shutdown. Visitor operations continued with only minimal
impacts. While ANC did not have to furlough employees during this
period, the lapse did have an impact on day-to-day operations. We
halted travel, training, and purchasing. However, sustainment,
restoration and modernization of facilities continued as well as
construction and/or design of ANC's major construction projects.
CONCLUSION
Through diligent efforts, adherence to established policies and
standard operating procedures, and by leveraging technology, Arlington
will do all within its power to sustain the sacred trust it has
recently reclaimed. In conjunction with our partners at MDW, and with
the great support of the services, the Arlington staff can assure the
Nation of this: every burial service at Arlington National Cemetery
will continue to be conducted with the honor and dignity our service
members have earned, and their families will be treated with respect
and compassion.
I appreciate the support of the subcommittee and look forward to
answering any questions you may have.
Prepared Statement of Glenn Powers
Chairman Runyan, Ranking Member Titus, and distinguished members of
the Subcommittee, I am pleased to update you on several National
Cemetery Administration (NCA) accomplishments since the Under Secretary
for Memorial Affairs last testified before you in April 2013. I also
appreciate the opportunity to testify alongside Mr. Patrick K.
Hallinan, Executive Director, Army National Military Cemeteries. Our
partnership with the Department of the Army has resulted in the sharing
of best practices and a strengthened commitment to serving our Nation's
Veterans.
NCA employees focus on our organizational mission to provide
quality burial and memorial benefits to those who served in uniform to
defend our Nation and for their families. With the close of Fiscal Year
(FY) 2013, NCA continued to address increasing workload requirements,
expanded burial access for Veterans and their families, and achieved
high levels of customer satisfaction. In FY 2013, over 124,000
interments were performed--a record number for NCA. We maintained 3.3
million occupied gravesites and 8,800 acres of land and awarded $34
million in National Shrine contracts to repair gravesites. NCA issued
over 654,000 Presidential Memorial Certificates and processed over
358,000 headstone and marker applications.
As we move into FY 2014 activities, there are several major
initiatives critical to NCA's achieving its strategic goals. They
include land acquisition and master planning efforts to meet the burial
needs of our Nation's Veterans and Servicemembers; historic stewardship
efforts to recognize Veteran service of all eras; continued commitment
to customer service and hiring Veterans, including homeless Veterans;
and enhanced operational efficiencies. I will now review each of these
initiatives in greater detail.
Meeting the Burial Needs of Veterans
NCA continues to implement one of the largest expansions of the
national cemetery system since the Civil War. Between 1992 and 2013,
NCA dedicated 18 burial facilities. By the end of this decade, the
Department of Veterans Affairs (VA) plans to open an additional 18 new
burial facilities to provide access to a burial option for over 680,000
additional Veterans and enhanced service for over 2 million Veterans.
The new facilities include five new national cemeteries and the
realization of VA's Urban Initiative and Rural Initiative. This
expansion, along with continued grant awards to states, territories,
and tribal organizations, will allow NCA to meet its strategic target
of providing 95 percent of Veterans with a burial option within 75
miles of their home.
This past fiscal year, NCA acquired land and awarded Master Plan/
Design Development contracts for new national cemeteries at Central
East Florida, Tallahassee, Florida, and Omaha, Nebraska areas. The 2014
President's Budget requests $116 million to complete construction for
these three cemeteries. These three facilities will serve approximately
350,000 Veterans and their eligible family members. We continued land
searches for urban satellite cemeteries in Chicago, New York, and
Indianapolis. We continue to perform due diligence activities for a
rural cemetery in Yellowstone, Montana and land searches at five other
rural locations. We awarded $36 million in grants to states and tribal
organizations for Veterans cemeteries.
In the next few months, we anticipate completing land acquisition
for the new national cemeteries in the Southern Colorado and Western
New York areas. Together, the five new national cemeteries will provide
a burial option to over 550,000 currently unserved Veterans, in
addition to their eligible family members.
To better meet the burial needs of Veterans, NCA began an
initiative to establish new columbaria-only cemeteries in five urban
locations where time and distance barriers to the existing national
cemetery location have proven to be a challenge to burial and
visitation. The Urban Initiative will alleviate time and distance
challenges to allow for a more convenient burial option for Veterans in
New York, Los Angeles, San Francisco/ Oakland/San Jose, Chicago, and
Indianapolis.
To embrace the Department's priority to meet the unique needs of
Veterans in rural areas, NCA launched the Rural Initiative to provide
access for 136,000 Veterans who reside in sparsely populated areas
where access to a national, state, or tribal Veterans cemetery is
limited or does not exist within close driving distance. VA seeks to
develop National Veterans Burial Grounds, which NCA will operate.
National Veterans Burial Grounds will be established in eight states:
Maine, Wisconsin, North Dakota, Montana, Wyoming, Nevada, Idaho, and
Utah.
The authority Congress gave VA to provide grants to states,
territories, and tribal organizations has fostered a critical and
valuable partnership. Grants are used to establish, expand, or improve
state, territorial, and tribal Veteran cemeteries in areas that do not
qualify for a national cemetery. Since 1978, VA has awarded more than
$500 million in such grants. Currently, there are 89 operational state
and tribal Veteran cemeteries in 44 states, Guam and Saipan, with six
more currently under construction. NCA looks forward to working with
states, territories, and tribal organizations to share lessons learned
from our new Urban Initiative and Rural initiative and to develop grant
applications and award grants that reflect the needs, resources, and
preferences of the local Veteran community.
Historic Stewardship Responsibilities
To support our statutory mission, NCA maintains all cemeteries,
both modern and historic, as ``national shrines to our gallant dead''
by emphasizing high standards of appearance and commitment to
stewardship. One hundred fifteen national cemeteries are listed on the
National Register of Historic Places, 15 of which are designated as
National Historic Landmarks (NHL) due to their national significance in
American history and culture or their resource contribution to NHL
districts. NCA's continued commitment to being caretakers of the
Nation's history is reflected in our stewardship of the graves of Union
and Confederate dead interred in more than 100 Civil War-era national
cemeteries, Confederate Prisoner of War cemeteries and soldiers' lots.
NCA will install nearly 200 interpretive signs that will illuminate its
Civil War heritage at 77 national cemeteries and 24 Confederate
cemeteries and Union soldiers' lots.
At our historic cemeteries--just like at our modern facilities--NCA
maintains high standards of appearance. In addition, we provide
historic stewardship through the continuous restoration and
preservation efforts of lodges, walls, and monuments. NCA initiated a
partnership with the National Park Service to stabilize several
superintendent lodges--some of the most historically and
architecturally significant buildings maintained within the national
cemetery system. In 2012, NCA conserved and replaced the country's
oldest surviving Civil War memorial, the 32nd Indiana Infantry
Monument, located at Cave Hill National Cemetery in Kentucky. Between
2009 and 2011, NCA digitized 60 historic burial ledgers from 36 of our
oldest national cemeteries to preserve them for the future. NCA
formally partnered with Ancestry.com to index the entries at no cost to
the government so these digitized records are now electronically
searchable by the public, Veterans' families, and researchers.
NCA provides historically accurate upright marble headstones to
mark the graves of eligible Civil War Union and Confederate soldiers.
NCA honors requests for replacements of historic headstones when
inscriptions are worn to the point that they can no longer be read or
if the headstone is otherwise damaged beyond repair. Recently, various
individuals and historic groups expressed concern that the current
definition of ``applicant'' for headstone and marker claims is too
limiting. The current regulatory definition, effective on July 1, 2009,
after a 60-day public comment period, reflects VA's obligation to
ensure family members are included in the decision-making process
because the death, burial, headstone, inscription, and gravesite
location of a loved one is a very personal matter.
NCA has reviewed its existing regulations governing headstone and
marker benefits and we drafted a proposed rulemaking that is currently
under development within VA. In the VA Memorialization Benefits rule,
we will propose amendments to address concerns about the restrictive
applicant definition and create new regulatory provisions for the
medallion benefit. Additionally, we revised existing claim forms for
headstones, markers, and medallions, and have developed several other
clarifying amendments, including a comprehensive definition section. We
look forward to receiving public comments when the proposed rule is
published in the Federal Register under the requirements of the
Administrative Procedure Act and the Office of Management and Budget.
Industry Leader in Customer Service and Hiring Veterans
At NCA, we continually strive to sustain our extraordinary record
of customer service and recognition of our best practices. NCA received
the highest score of any participating entity--94 out of 100 possible--
in the 2010 American Customer Satisfaction Index sponsored by the
University of Michigan. This is the fourth consecutive time NCA
received the top rating in the Nation. NCA was recognized by the
Federal Consulting Group for a decade of superlative performance. We
anticipate similarly high ratings when the 2013 results are released.
NCA continues to achieve high levels of client satisfaction as
measured by our annual surveys of Veterans or their next-of-kin who
recently selected a national cemetery for the interment of a loved one
and the funeral directors who provided assistance at their time of
need.
NCA's committed, Veteran-centric workforce is the main reason we
are able to provide world-class customer service. Not only are we
focused on serving Veterans, we continue to maintain our commitment to
hiring Veterans. Currently, Veterans comprise over 74 percent of our
workforce. Since 2009, we hired 459 returning Iraq and Afghanistan
Veterans. In addition, 84 percent of NCA contracts in FY 2013 were
awarded to Veteran-Owned and Service-Disabled Veteran-Owned small
businesses.
I am proud to report that NCA will soon graduate its first class of
Veterans enrolled in NCA's Homeless Veterans Apprenticeship Program.
This program, established in 2012, supports VA's strategic priority of
ending Veteran homelessness by 2015. The apprenticeship is a one year
paid employment training program for Veterans who are homeless or at
risk for homelessness. In November 2013, Secretary Shinseki and I will
present certificates of completion to 13 apprentices who successfully
completed the 12 months of competency-based training. These new
caretakers will help offset projected retirements in our workforce.
Moving forward, an additional nine national cemeteries were added to
the program as sites for the 24 incoming apprentices projected for this
year's Homeless Veterans Apprenticeship Program.
The curriculum for our Homeless Veterans Apprenticeship Program is
based on the NCA Caretaker Training Program, which was developed to
help achieve objectives in our strategic plan, to promote Veteran
satisfaction with service and cemetery appearance and ensure a
knowledgeable and responsive workforce. Roughly half of NCA's workforce
has completed this course, and we believe it contributed to our
continued ability to sustain improvements in appearance and customer
satisfaction. Graduates have indicated a renewed commitment to their
work and a reinforced understanding of our mission, vision, and
standards.
Operational Efficiencies
NCA places a high priority on environmental stewardship and
managing its facilities in order to maximize resources and at the same
time, convey the dignity required of national shrines. We believe it is
possible to use resources efficiently and maintain our national
cemeteries as national shrines. NCA is recognized by various groups as
an industry leader in environmental conservation efforts at cemeteries.
These efforts reflect NCA's commitment to conserving resources,
achieving cost savings and providing a dignified burial environment.
Water-wise cemeteries, like those at Bakersfield, California,
Phoenix, Arizona, and El Paso, Texas, employ water-wise and other
grounds management practices to reduce water consumption. NCA worked
with the communities in these areas to demonstrate how we can maintain
cemeteries as national shrines while still reducing water use. NCA
received the VA Sustainability Achievement Award for conservation
projects at Riverside National Cemetery and Bakersfield National
Cemetery and received the Texas Commission of Environmental Quality
Award for water-wise management at Fort Bliss National Cemetery.
All new VA cemetery construction is ``green,'' so our new
cemeteries will start out being more efficient. Expansion and
improvement projects at existing cemeteries also incorporate ``green''
standards. The recently completed renovation of the Jefferson Barracks
National Cemetery Administration Building achieved Leadership in Energy
and Environmental Design (LEED) Silver equivalence in categories
including sustainable site, water efficiency, construction waste
management, and indoor environmental quality.
VA's use of pre-placed crypts is an excellent example of a practice
that both increases efficiency and enhances cemetery appearance. Their
use reduces the cemetery footprint thereby requiring less land,
decreasing the cost to maintain and operate cemeteries, and improving
cemetery appearance. Other innovative practices include the use of
synthetic turf in certain areas where there are no burials. The use of
memorial walls instead of memorial sections allows more grounds to be
used for burials. In addition, undeveloped land is leased out so that
there is some monetary return that can be used to improve cemetery
appearance until it is needed for burials.
Concluding Summary
We appreciate the Committee's support that has allowed us to make
significant progress towards meeting our strategic goals. With your
continued help, we will work diligently to expand access to burial
options for our Veterans and their eligible family members, be
responsive to our stakeholders and the Veteran community, and remain
dedicated stewards of the rich history of sacrifice of those buried in
our national cemeteries. I look forward to answering any questions that
you may have.
Prepared Statement of Todd Kleismit
Chairman Runyan and members of the Subcommittee:
It is a privilege to be with you today at this important hearing on
dignified burials for our military veterans. Thank you for the
opportunity. I am an Army veteran of Operation Desert Storm and
appreciate the attention you are giving to this topic, which affects a
large number of us in Ohio and elsewhere.
I am here today speaking on behalf of the Ohio Historical Society
and several other organizations that were negatively impacted by the
Department of Veterans Affairs' recent change that requires that all
applications for new veterans' headstones be the decedent's next-of-
kin. History organizations like mine, veterans' organizations, high
school teachers, genealogists, archivists, county veterans'
organizations, funerary professionals and others were, until recently,
able to apply for DVA headstones. Why would all of these groups want to
apply for these headstones? Their commitment and patriotism are the
ingredients for American-style success stories at a time when our
country desperately needs success stories like these.
There are countless unmarked graves where military veterans are
buried in our (mostly older) cemeteries across the country. I am aware
of research that has been done on veterans as far back as the
Revolutionary War who were buried in unmarked graves in Ohio. During
the current sesquicentennial of the American Civil War, the Ohio
Historical Society and several of our partners across Ohio have been
engaged in researching and verifying the remains of Civil War veterans,
applying for VA headstones and concluding with a public ceremony to
honor those veterans buried, but never fully recognized, in Ohio.
Paul LaRue, a teacher in rural Ohio, has made Ohio's unmarked
graves an annual school research project since 2002. Paul has won
several teacher-of-the-year awards because he is an outstanding
educator, and because of the unmarked graves projects his students have
conducted. Paul has submitted separate testimony complete with photos
and case studies, and I would encourage you to read it if you have not
already had the opportunity to do so.
I think it is important to consider the context of the life
experiences of these people from our past, particularly our Civil War
vets. Many of them were poor, ethnic minorities or African-American.
Most likely, they are buried in unmarked graves because they did not
have the family or the resources for a proper burial in the late 19th
century or early 20th century. We're now about seven generations
removed from the Civil War era. Why should we care? These burial
projects are the ultimate in civic engagement, applied learning,
civics, genealogical research and history lessons all wrapped up
together. I have seen at these ceremonies the tears flowing; I have
felt the chills when ``Taps'' is played. ``Why should we care?'' is
probably not the right question. Instead, shouldn't we be celebrating
the fact that 21st century citizens care enough to look back, in the
case of Civil War veterans, seven generations to recognize the service
of others? The Department of Veterans Affairs' headstones program is
good public policy when it is accessible to the public - many of whom
are volunteers who are more than willing and able to conduct the
necessary research - and it is one small way that our federal
government can work collaboratively with local communities to humanize
its work.
We were disappointed, of course, when the Department of Veterans
Affairs policy was changed, prescribing that headstone applicants must
be the decedent's next-of-kin. As mentioned earlier, we are about seven
generations removed from the Civil War era. It is completely reasonable
and appropriate to seek out the veterans' next-of-kin, whenever
possible. Unfortunately, this is seldom possible. When it became
evident that our concerns and suggested remedies to this policy were
not getting serious consideration by the Department's leadership, we
then communicated this to members of the Ohio congressional delegation.
We are very appreciative of the support we've received from the Ohio
delegation, which is what has led to Congressman Steve Stivers'
legislation, HR 2018, also known as the ``Honor Those Who Served Act of
2013.'' This legislation would re-open the door to history and military
researchers, genealogists, local historians and state veterans agencies
to be applicants for these headstones. It would also align the
Department's application policy with the archival records policy at the
National Archives and Records Administration for requesting military
records, which does not require next-of-kin authorization for records
dating back 62 or more years ago.
The Civil War Trust and others have created a website,
marktheirgraves.org, that explains the next-of-kin dilemma and has
collected more than 2,700 online signatures. I am also including an
article that was published online (Cleveland.com) on September 11th
that does a great job of capturing the perspective of those of us who
have been closed out of the process.
While I take a certain amount of pride in the fact that Ohio has a
slightly higher percentage of military veterans than the nation at
large, there is no reason to believe this issue isn't just as important
in New Jersey, California, Texas, Florida, Colorado, Nevada and
elsewhere. I conclude by thanking you again for the opportunity to be
here today to express our concerns about the Department of Veterans
Affairs' next-of-kin application policy and for the opportunity to fix
it by approving HR 2018. I would be happy to answer any questions you
may have of me.
Prepared Statement of Raymond C. Kelley
MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE:
On behalf of the men and women of the Veterans of Foreign Wars of
the United States (VFW) and our Auxiliaries, I would like to thank you
for the opportunity to testify today on issues regarding the National
Cemetery Administration.
From October 18, 1978, until October 31, 1990, VA paid a headstone
or marker allowance to surviving families who purchased a private
headstone or marker on behalf of veterans who were interred in a
private cemetery in lieu of VA providing a government-furnished
headstone or marker. This benefit was eliminated on November 1, 1990,
with the enactment of the Omnibus Budget and Reconciliation Act of
1990. From November 2, 1990 through September 11, 2001, VA paid no
assistance in the purchase of a private headstone or marker for
veterans who qualified for interment in a national or state cemetery.
Between 2001 and 2006, VA provided government headstones or markers to
qualifying veterans, regardless of whether or not they had a privately
purchased headstone as a pilot program. In 2007, VA made this program
permanent, and included the medallion as an alternative option to a
second headstone or marker and made it retroactive to November 1, 1990.
This has allowed qualifying veterans to receive some form of headstone
or grave marker benefit since the inception of the benefit in 1978.
Unfortunately, this benefit has started, stopped and changed enough
times that it has become confusing to veterans and surviving family
members. Many do not understand why they do not qualify for a
medallion, believing the November 1, 1990 date is just an arbitrary
starting point for a new benefit. Many of the veterans who call VFW
state they would be willing to purchase the medallion if VA made them
available.
Based on these conversations, the VFW would support a pilot program
that would allow the next-of-kin of a veteran who would otherwise
qualify for the medallion, except for his or her date of death, to
submit a request for purchase for the medallion.
H.R. 3106, the ``Alicia Dawn Koehl Respect for National Cemeteries
Act'' would codify the authority of the Secretaries of Veterans Affairs
and Defense to reconsider prior decisions of interments in national
cemeteries. Title 38, U.S.C. outlines crimes that disqualify veterans
from interment in national cemeteries, but there are no provisions for
the removal of a veteran who was laid to rest in a national cemetery
when it is discovered he or she had committed a disqualifying crime.
This legislation also call for the disinterment of a veteran who
committed murder, and then turned the gun on himself, ending his life.
He was buried in a national veteran's cemetery six days later. The
circumstances of this case made it very difficult for VA to discover
the murder that would have precluded the veteran from interment.
The VFW supports this legislation, but believes it falls short in
preventing future non-qualifying interments from taking place. Current
protocol requires the surviving family member to fax qualifying
paperwork, DD214 and death certificate to the National Cemetery
Administration (NCA). Upon receipt of these documents, NCA calls the
family member and asks 16 questions. These questions range from
location of death and burial needs to cemetery choice and marital
status. Nowhere in the questioning does NCA ask a question regarding
criminal activity. The requesting family member should be required to
fill out a form that asks the current 16 questions and an additional
question regarding federal or state capital crimes. Knowing this
information will assist NCA in investigating disqualifying crimes,
prior to the veteran's interment.
Access to burial options must continue to be a priority for NCA.
The VFW has supported the NCA policy of providing burial options for 95
percent of all veterans within 75 miles of their homes. In FY 2011, NCA
recognized that under its then-current policy of 170,000 veterans
within a 75-mile radius with no access to a national or state cemetery,
no new locations would be eligible for a national cemetery. NCA reduced
the threshold to 80,000 veterans within a 75-mile radius, which allowed
for creation of five new national cemeteries, and access to burial
options for an additional 550,000 veterans. The same year, NCA began
its urban initiative. This has allowed NCA to purchase property in
densely populated areas, where veterans may live within the 75 mile
radius of a cemetery, but due to actual travel times access is not
considered accessible. This initiative will allow NCA to provide new
burial options in five urban areas.
In its FY 2013 budget request, VA introduced a new burial option,
the National Veterans Burial Grounds. This will allow NCA to increase
access to burial options for veterans who live in remote, low veteran-
populated areas that do not have reasonable access to a national or
state cemetery. When pairing the reasonable access model with a
threshold of less than 25,000 veterans within a 75 mile radius, NCA can
provide eight states with additional burial options.
Even with these new threshold models that will increase asses to
burial options, NCA must be flexible enough in their policies to
recognize locations where under current policy, no new national
cemetery will be developed, but other factors like geographic barriers
or states that have invested in state cemeteries but have not been
granted a national cemetery must be considered. These policies work to
ensure the largest number of veterans have access to a veterans
cemetery, but there are occasions when the desires of veterans must be
included in the decision process.
NCA must maintain its commitment to the appearance of national
cemeteries. Regardless of customer surveys that rate the appearance of
cemeteries as excellent at 99 percent, the actual appearance is in
decline. There are three performance measures that evaluate the overall
appearance of national cemeteries: The percentage of headstones,
markers and niche covers that are clean and free of debris and
objectionable accumulation; the percentage of headstones and markers
that are the proper height and alignment; and the percentage of
gravesites that have grades that are level and blend with adjacent
grade levels. The results of the performance measures have held steady
for the past several years, but have continually fallen short of their
strategic goals. The most concerning aspect of these goals is that VA
predicts a decline in its performance measures in its FY 2014 budget
submission.
VA must maintain its focus on ensuring our national cemeteries
continue to honor the service and sacrifice of our veterans. VA must
request and Congress must appropriate specific funding for the National
Shrine Commitment to ensure these performance measures are met.
Since the leadership change at Arlington National Cemetery (ANC),
the VFW has seen vast improvements in its overall operations. Extensive
work has been done to ensure each plot is marked correctly, and
although they have not been able to verify 100 percent of all grave
sites, their efforts are ongoing. All burial information has been moved
from the old three-by-five cards to a computer database. Improvements
to the website have made locating the burial plot for loved ones much
easier.
Under ANC's current leadership, improvements have been made to the
Millennium Project. In early concepts, most of the existing trees were
to be removed. In 2010, ANC asked the Army Corps of Engineers to design
a more eco-friendly design. Today, the design is 65 percent complete
and ANC has been working with local, state and federal agencies to
minimize the ecological impact of the expansion as well as improving
the stream that runs through the expansion site. The Millennium Project
will add an additional 30,000 burial plots, ensuring Arlington National
Cemetery will be open to receive interments well into the future.
Mr. Chairman, this concludes my testimony and I will be happy to
answer any questions you or the Committee may have.
Prepared Statement of Ami D. Neiberger-Miller
EXECUTIVE SUMMARY
I. Opinions on Current Legislative Issues Facing National Cemeteries
Examines the Alicia Dawn Koehl Respect for National Cemeteries Act
(S.1471, H.R. 3106), the Volunteer Veterans for Cemetery Service Act
(H.R. 1957), and the Honor Those Who Served Act of 2013 (H.R. 2018).
II. Feedback about the VA National Cemetery Administration (NCA)
Our 131 national cemeteries honor the service and sacrifice of our
veterans and service members for their country. Discusses delays in
burial allowance benefits, which are not paid through the NCA, but do
impact how families view their treatment by the VA and delay families
from settling estates.
III. Arlington National Cemetery
Discusses changes at the cemetery, the memento policy at section 60
where the Iraq and Afghanistan war dead are interred, and the continued
lack of a survivor representative on the Advisory Committee on
Arlington National Cemetery.
IV. Limitations of the Corey-Shea Act
Parents of service members who do not die due to hostile act or in
a training incident remain ineligible for interment in national
cemeteries with their children. The Corey-Shea Act does not apply to
Arlington National Cemetery. This leaves some surviving parents who
would like to be interred with their child no option other than the
waiver request process.
V. VA and Arlington National Cemetery's Burial Waiver Request Process
Expresses concern about the burial waiver request process for
survivors who cannot qualify under the Corey-Shea Act and the decision-
making time frames within these processes.
VI. Recommendations for Improvement
(1) Provide sensitivity training in how to work with bereaved
families for national cemetery staff and Arlington National Cemetery
staff. TAPS is willing to assist with this type of training at a
national level.
(2) Continue the surviving family town hall meetings at Arlington
National Cemetery twice per year and work toward a viable solution for
the mementos at section 60 that does not impair family grieving,
impinge on mourning practices, nor detract from the dignity of the
cemetery.
(3) Nominate or appoint a surviving family member with a loved one
interred at Arlington National Cemetery and consider additional
survivors to join the Advisory Committee for Arlington National
Cemetery.
(4) Consider legislatively modifying the Corey-Shea Act to include
surviving parents of active duty service members who are buried in a
national cemetery, regardless of location of death or cause of death,
in circumstances where the service member does not leave behind an
eligible spouse or child. Consider legislatively modifying the Corey-
Shea Act to include Arlington National Cemetery.
(5) Consider legislative improvements to define the waiver request
process for the national cemetery system and Arlington National
Cemetery, so those requesting interment or burial waivers can receive
an indicator of a decision prior to their death, even if it cannot be a
finalized decision.
(6) Ask the VA Undersecretary for Memorial Affairs and the
subcommittee to initiate discussions with the Veterans Benefits
Administration about the slow payment of burial allowance benefits and
explore what can be done to improve the backlog in survivor benefits,
specifically, the burial allowance.
Mr. Chairman and Members of the Subcommittee:
I am pleased to have the opportunity to submit this testimony on
behalf of the Tragedy Assistance Program for Survivors (TAPS).
TAPS is the national organization providing compassionate care for
the families of America's fallen military heroes. TAPS provides peer-
based emotional support, grief and trauma resources, grief seminars and
retreats for adults, Good Grief Camps for children, online and in-
person care groups, casework assistance, connections to community-based
care, and a 24/7 resource and information helpline for all who have
been affected by a death in the Armed Forces. Services are provided to
families at no cost to them. We do all of this without financial
support from the Department of Defense. TAPS is funded by the
generosity of the American people.
TAPS was founded in 1994 by a group of surviving families following
the deaths of their loved ones in a military plane crash. Since then,
TAPS has offered comfort and care to more than 40,000 people. The
journey through grief following a military death can be isolating and
the long-term impact of grief is often not understood in our society
today. On average, it takes a person experiencing a traumatic loss five
to seven years to reach his or her ``new normal.''
TAPS has extensive contact with the surviving families of America's
fallen military service members, making TAPS uniquely qualified to
comment on issues affecting the survivors left behind. TAPS received an
average of 13 newly bereaved survivors per day in 2012. Survivors are
referred to TAPS through our relationships with the Armed Services
casualty assistance officers and direct contact from those who are
grieving the death of someone who died while serving the Armed Forces.
In 2012, 4,807 new survivors came to TAPS for comfort and care. In
2013, the number of newly-bereaved military families coming to TAPS for
care and support continues to climb. Between January 1 and October 24,
2013, TAPS sadly welcomed 3,471 newly bereaved survivors for care and
support.
Causes of death were reported as follows by military families
turning to TAPS for help and support:
Suicide or suicide suspected 22.88 % (794)
Hostile action/killed in action/Navy Yard shooting 22.47 % (780)
Accident - auto/aviation/other 22.13 % (768)
Sudden illness 17.11 % (594)
Unknown cause of death 10.89 % (378)
Homicide 2.74 % (95)
Non-hostile/non-combat incidents 1.73 % (60)
Friendly-fire 0.06 % (2)
We have been asked by the subcommittee to discuss issues facing
veterans cemeteries, including the classes of authorized parties
permitted to request a headstone or marker or commemorate a decedent
and the Secretary's authority to reconsider decisions to inter remains
or honor the memory of a person in a national cemetery. The hearing
will also address the state of various veterans cemeteries, including
upkeep and areas for improvement, and the operations of Arlington
National Cemetery, including the handoff of leadership, ongoing
planning, design and construction.
I. Opinions on Current Legislative Issues Facing National Cemeteries
The subcommittee has requested our opinion on recent legislative
matters concerning the administration of the National Cemetery
Administration and Arlington National Cemetery.
Regarding the Alicia Dawn Koehl Respect for National Cemeteries Act
(S.1471, H.R. 3106), which would provide the Secretary of Veterans
Affairs and the Secretary of Defense the authority to reconsider
decisions to inter or memorialize veterans in national cemeteries, in
situations where there is sufficient evidence that a veteran has
committed a state or capital crime, but had not been convicted of such
a crime because the veteran was not available for trial due to death or
flight to avoid prosecution. If a veteran has committed a state or
federal capital crime, he or she is not eligible to be buried in a
national cemetery, and it is reprehensible to think that a person who
committed a capital crime would be interred in a cemetery alongside our
veterans. The Tragedy Assistance Program for Survivors (TAPS) would not
be opposed to this legislation, which allows both secretaries decision-
making latitude and provides for appeals processes if they are needed.
Regarding the Volunteer Veterans for Cemetery Service Act (H.R.
1957), which would authorize the Secretary of Defense and the Secretary
of Veterans Affairs to accept voluntary services from veterans and
veterans service organizations at national cemeteries. TAPS appreciates
this legislation's intent to provide improved educational programs that
would include veterans sharing with visitors the cemetery the stories
of their military service.
Regarding the Honor Those Who Served Act of 2013 (H.R. 2018), which
further identifies the persons who are eligible to request headstones
or markers furnished by the Secretary of Veterans Affairs. This act
would enable local historians, genealogists, state veterans agencies,
military researchers and others to request headstones or markers for
grave sites newly identified that may have been unmarked for many
years. Because the intention of this act is to improve appreciation for
our veterans and their service to our country, TAPS is pleased to
support this act.
II. Feedback about the VA National Cemetery Administration
Since our founding in 1994, TAPS has worked cooperatively with the
National Cemetery Administration (NCA) administered by the Department
of Veterans Affairs. The national cemetery system and its 131
cemeteries is the ultimate metaphor for the TAPS model of honoring the
service and sacrifice of all those who died while serving in the Armed
Forces, regardless of where or how they died.
The shrine status of our national cemeteries is deeply appreciated
by survivors and reflects the care and devotion of our nation to
honoring those who serve and sacrifice for our freedoms. TAPS
appreciates the stewardship of our national cemeteries undertaken by
the National Cemetery Administration and its commitment to serving
veterans and their families. TAPS is available and willing to provide
bereavement care training for cemetery administration staff as
requested.
TAPS appreciates the care and concern Undersecretary Muro and his
staff recently showed to the family of a National Guardsman who
submitted a request for a waiver to Secretary Shinseki so they could
place their loved one to rest. Their loved one had died by suicide.
This complicated case was brought to a resolution recently for the
family. They were granted a waiver and placed their loved one on
September 27, 2013 in a grave site with another relative who was
interred in a national cemetery. It was a fitting tribute to her
service to her country and has given her family the peace of knowing
that she is at rest.
While we realize that the National Cemetery Administration is not
responsible for the payment of burial allowances by the Veterans
Benefits Administration, this is an issue which we would like to
highlight for the subcommittee. VA burial allowances are partial
reimbursements of an eligible Veteran's burial and funeral costs. When
the cause of death is not service related, the reimbursements are
generally described as two payments: (1) a burial and funeral expense
allowance, and (2) a plot or interment allowance.
Even though burial allowances, ranging from $300-$2,000, are not
managed by the National Cemetery Administration, when excessive delays
in payment of these allowances happen, they often sour the experience
of the family. The perception of the surviving family is that these
agencies are connected. And delays in payment can delay the closure of
a decedent's estate and delay the family in being able to move forward
following the death.
While the survivor benefits backlog for burial allowances and other
survivor benefits such as pension and Dependency and Indemnity
Compensation, pales in comparison to the veterans disability benefits
backlog, it includes thousands of family members who served alongside
their loved ones for many years, who are waiting often many months
after a funeral to receive their rightfully-owed benefits from our
government. We recently had a case where a surviving father was told by
VA staff that he would have to wait 14 months to receive a burial
allowance for his son.
Looking at the VA's Monday Morning Workload reports on a quarterly
basis, the number of pending burial allowance claims is currently more
than double what it was four years ago. The volume of pending claims
appeared to peak at just under 67,000 pending claims in 2012 and began
to decline in 2013. Each pending claim represents a family that is
waiting for their benefits.
09/30/13 - 45,671 pending claims
07/01/13 - 51,078 pending claims
04/01/13 - 62,094 pending claims
12/31/12 - 63,979 pending claims
10/01/12 - 63,126 pending claims
07/02/12 - 66,754 pending claims
04/02/12 - 65,835 pending claims
01/03/12 - 59,204 pending claims
10/03/11 - 49,819 pending claims
07/05/11 - 49,819 pending claims
04/04/11 - 37,976 pending claims
01/03/11 - 28,115 pending claims
10/04/10 - 26,609 pending claims
07/06/10 - 26,854 pending claims
04/05/10 - 27,198 pending claims
01/04/10 - 22,710 pending claims
10/05/09 - 21,004 pending claims
While we realize the burial allowance benefit does not rest within
his jurisdiction for his agency, TAPS would appreciate it if
Undersecretary Muro could inquire with the Veterans Benefits
Administration about this situation and ask what could be done to
improve it. The delay in benefits reflects on the entire VA, not just
the Veterans Benefits Administration. TAPS also appreciates the
subcommittee's interest in this matter.
III. Arlington National Cemetery
The new telephone system, GPS mapping and application, Google
Street View mapping project, improved website, and plans for growth
with the Millennium project are moving the cemetery's management from
being behind the times, to becoming a leader in innovation and
development.
We feel this track record of progress is helping surviving families
move forward beyond the scandals and revelations of 2010. TAPS has
worked proactively with surviving families and the administration of
Arlington National Cemetery for many years. We hosted a public forum in
2010 for families to meet the new superintendent and executive director
of the Army Cemeteries Program. We also supported families grappling
with issues connected to the mismanagement at the cemetery, including
two families who dis-interred their loved ones to determine if they
were buried in the correct locations. We are relieved to be beyond
those difficult days and to see improved management and financial
oversight in place.
Section 60 Memento Removal & Compromise Permitting Mementos for Six
Months Per Year
At the same time, changes in leadership and policies have been
difficult at times. As was recently and widely reported in the news
media, Arlington National Cemetery began removing mementos and items
from section 60, where 868 of the Iraq and Afghanistan war dead are
interred, on a consistent basis in late July and early August 2013, and
a total of 2,000 active duty service member deaths are interred, within
a section of 10,503 grave sites.
Unfortunately, it was found that cemetery staff removed photographs
and items from tombstones that had been placed by grieving families.
Some of the items that were removed, such as a small crucifix that had
been at a gravesite for four years, were not unsightly and posed no
harm to others in the cemetery. The crucifix would not have been picked
up by the section 60 memento history collection project, because it
does not collect religious objects, and would have surely been disposed
of in the section 60 clean-up.
To provide some idea of volume and how many items are being left at
section 60 routinely, historians have collected in the last four years
approximately 28,000 items in section 60. Since 2009, the Army has
operated a section 60 memento history collection project within the
cemetery. This program was created to collect some of the historically
interesting and unusual items in the cemetery from gravesites of those
who died by hostile act in Iraq or Afghanistan, when it was realized by
many that families today are grieving differently, than they did
decades ago. Many families and battle buddies take solace in leaving an
item or placing a rock to show that they visited.
The ``enforcement'' of the floral policy in section 60 represented
a significant departure from the status quo, as the cemetery had
permitted families for the past four years a degree of latitude in what
they left at gravesites, and typically only removed items that were
deemed ``unsightly.'' The change in ``enforcement'' of the floral
policy meant that the section was completely stripped of rocks,
mementos, photographs and other items left by surviving families and
battle buddies of our fallen troops. Multiple families began talking
with peer mentors at TAPS and others about visiting the cemetery to
leave small mementos or items, such as a special rock or laminated
photo not attached to the head stone, and returning the following day
to find the items removed.
For TAPS peer mentor Kristen Santos-Silva, surviving spouse of Army
Sergeant First Class Carlos Santos-Silva who was killed in 2010 in
Afghanistan, the changes at section 60 were upsetting. She wrote:
``Arlington National Cemetery is a unique and special place in the
hearts of individuals. Many soldiers have been buried here and will
continue to be buried here. In regard to the memento policy, as a
surviving spouse and mother of a child whom has his father buried in
Section 60 we ask for permission to allow our story to continue of our
solider.
My husband was KIA at the age of 32. His life ended but his legacy
can continue to others with the mementos that are left at his tombstone
marker. My son (at the time his father died, he was 11 years old), and
I moved to Maryland to be close to Carlos, our hero. For three and a
half years we have celebrated all the holidays, birthdays, and
anniversaries in Section 60, with friends, family, and many of his
soldiers, who continue to battle with post-traumatic stress.
For three and a half years photos have been placed on the back of
his tombstone marker. This is our environment as survivors and
comrades. To share who he was as a solider, father, husband, son, and
friend. The photos offer a face to the name, which offers respect.
In walking around Arlington National Cemetery and section 60 it
brings peace and comfort to see the decorated photos, mementos, stones
on top of the tombstones, and little ``gifts'' that are left. We learn
about the solider who laid his life down for us, our country, and pure
sacrifice. Section 60 brings solace with the life that comes alive in
this special section.
In touring section 60 after the rule implication of the past couple
of months it is a ``ghost town.'' No, peace, comfort or solace
provided, just empty grave markers and tombstones. This is more
depressing and another reminder our solider is gone. The mementos and
pictures bring this unique section to life, we as survivors, and as a
nation need to remember and experience the joy of a few minutes
visiting our soldier and knowing that others that visit will be able to
experience the joy that we have when they were alive. We need the
pictures to continue to tell their story and legacy.
Having my husband's tombstone mementos removed caused utter shock.
My mother-in-law, father-in-law, my son, and personal friends were all
together the day that we saw everything gone in late July 2013. My
mother-in-law, was so upset that somebody could rip her son's photos
and coin off his tombstone. How does this hurt anybody with pictures
being on the tombstone, she asked? We have to suffer as family
survivors. It is just wrong to treat our heroes this way. Just pure
disbelief in regard to no pictures or coins being available to view.''
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Left: Kristen Santos-Silva at her husband's gravesite in section 60
before the floral policy enforcement change with the medallion designed
by her mother-in-law in honor of her husband's sacrifice and small
stones on the top of the head stone. Center: the head stone after the
medallion was removed and the floral policy enforced. Right: The
Santos-Silva family on the cemetery in late July when they discovered
the medallion and photos on the back of the head stone were gone.
It should be noted that the families themselves have a variety of
opinions about what is appropriate to leave at gravesites. Many want to
leave small objects, cards, flowers and photos that are not attached to
the headstones. Some want to attach a small item to the stone or photos
to the back of the stone. Some want to leave only flowers and comply
completely with the regulations. Many survivors feel that even if what
someone else leaves at a gravesite is not consistent with their own
customs, that it is not appropriate to criticize another survivor for
what he or she needs to do to grieve a death. In most cases, there is
great reluctance within the survivor community to criticize mourning
practices, due to the personal nature of grief and loss.
It should also be recognized that mourning practices are specific
to individuals and their family customs, religious beliefs and the
circumstances surrounding the death. In some religious traditions,
leaving rocks or coins at a gravesite is considered a substitution for
flowers because they won't wilt or blow away. The leaving of pennies,
nickels, dimes and quarters carries different meanings within the
survivor and veteran communities.
The leaving of mementos in cemeteries is common and not specific to
Arlington National Cemetery or our national cemeteries. Some families
leave mementos not because they are ``stuck'' in their grief, but
rather because they are trying to incorporate their loved one into
their new life after the loss. Rather than viewing memento leaving as a
way for people to be held back in their grief, many families we know
talk about how leaving an item at a grave site helps them live a normal
life.
Because the public is aware of section 60 and its community of
grieving families and graves of the war dead, the section is visited by
the public. It is not a private place for families to grieve, but
rather a public place. This means the cemetery cannot guarantee items
will remain if left by families, but in practice, items have often
stayed for many weeks, months, and in some cases, years. Some families
leave photos because they would like for these visitors to see pictures
of their loved ones and to understand the price their loved ones paid
for the freedoms enjoyed by all of us.
Paula Davis, surviving mother, wrote to the Advisory Committee on
Arlington National Cemetery, about her feelings on the floral policy
enforcement at section 60:
``I'm aware of the Arlington regulations that ask families not to
leave items other than flowers on the graves. I am writing to ask you
to consider leniency for the Gold Star Families with loved ones buried
in section 60. Because of the sensitivity of who is buried in Section
60 right now - our young men and women who have passed in our nation's
current war, I'm asking that you leave for a period of time items
(mementos) that aren't supposed to be there and then pick them up
later. We don't have a Memorial Wall like the Vietnam Memorial Wall.
Our son's and daughter's tombstones are our wall. Gold Star Families
and Veterans need a place to heal their wounds and mourn our children,
brothers, sisters, and their brothers and sisters in arms. Section 60
is our wall for now. Permitting a laminated picture no larger than a
certain size, 5x7 to be placed in front of the stone would not be the
same as attaching the picture to the stone. Section 60 is a place of
healing and honor for the Gold Star Families. It means a lot to the
families who have loved ones buried there.''
After a concerned surviving parent contacted Senator Mikulski's
office, the cemetery agreed to a meeting to talk with surviving
families, which was held on October 6, 2013 in the cemetery's
administration building. For many of the families attending the
meeting, it was the first time they had been in the administration
building since the day of their loved one's funeral. TAPS provided
bereavement care and support at the meeting, including a licensed
counselor who sat with families and several peer mentors attended.
Superintendent Hallinan and several members of his staff attended the
meeting.
During the emotional meeting where families explained how the
changes had impacted them, Superintendent Hallinan apologized multiple
times to the families for the pain that these changes had caused them
and for the lack of communication by the cemetery staff with the
families ahead of these changes. He said they are permitted to leave
small mementos and photographs, if they are not attached to the head
stones, and asked them to refrain from leaving glass objects or items
that might pose a hazard to others. We also suggested some ideas for
ways the cemetery could work with families to share the legacies of
their loved ones and improve the educational programs at Arlington
National Cemetery - perhaps through starting a docent program with the
families, allowing families to share information through the app about
the cemetery for visitors, or creating exhibits using some of the items
collected by the history collection project.
A few days after the meeting, the staff at Arlington National
Cemetery contacted the families who attended with this note:
``Ladies and Gentlemen, Mr. Hallinan requested I extend his
heartfelt thank you for your participation in our round table
discussion with us on October 6, 2013. We felt the meeting was positive
and generated several suggestions for improving communications between
the family and ANC as we addressed issues associated with cemetery
maintenance and the Section 60 Mementos Pilot Program. Mr. Hallinan has
agreed to hold Gold Star Family roundtables twice a year and we are
working to identify flexibility within our existing policies. For
example, as the cemetery enters the non-growing season (where mowing of
the grounds is less frequent), the cemetery will allow small
photographs and small handcrafted items not affixed to the headstone to
be left alongside your loved ones' headstone. Additionally, he has
waived the scheduled pick up for tomorrow. Pickup of items not
collected under the Mementos Policy will begin on October 25th and will
occur on the second and fourth Friday of each month.
Arlington National Cemetery policy, which is similar to that of
other national cemeteries, allows artificial flowers to be left at
gravesites between October 10 and April 15. Allowing additional items
to be left at gravesites during this time period is consistent with
that policy. We will continue standard grounds' maintenance during this
time period and remove unsightly flowers, items that are affixed to
headstones or which pose a safety hazard to visitors and staff, such as
tobacco, alcohol, ammunition, or glass items. Cemetery personnel will
also remove items considered to detract from the dignity and decorum of
ANC. We are committed to keeping the Gold Star Families informed and
provide notice prior to implementation of any changes.''
Cemetery staff confirmed that mementos and photos will not be
removed by the cemetery's staff if they are not unsightly and comply
with the requirements between October 10 and April 15 (when the
cemetery regulations permit artificial flowers).
Our impression is that the meeting went well for all involved. The
families felt heard and supported in talking about the changes that had
caused many of them pain. The cemetery administration has indicated a
willingness to talk with the families and is working to identify
flexibility in its current regulations. At the same time, while this
compromise allows items to remain at the gravesites for six months of
the year, it is still a radical departure from what has been permitted
for the last four years by the administration and it will have a long-
term effect on the families.
While these compromises are laudable and much appreciated by many
of the families, we would like to know what will happen to mementos
left in section 60 between April 16 and October 9, as this six-month
period is the time of year when many families visit the cemetery. Many
families leave items at gravesites in advance of Memorial Day. If items
will be removed during this six-month period on a weekly basis, it will
continue to be upsetting to some of the families, especially those who
live far away and only visit a few times a year. It will be very
important for the cemetery staff, TAPS and other organizations
supporting survivors to educate families about these changes and the
policies, in order for families to understand.
We hope that plans for the next meeting of the Advisory Committee
on Arlington National Cemetery will be well-publicized, as the
committee is scheduled to discuss the floral policy and advance notice
would permit families to submit statements to the committee and attend
the meeting.
TAPS is available and willing to provide bereavement care training
for Arlington National Cemetery administration staff as requested.
Survivor Representative Needed on the Advisory Committee on Arlington
National Cemetery
As we testified in April 2013, the community of surviving families
was saddened greatly by the death from cancer of Janet Manion in April
2012. Mrs. Manion was a gold star mother who served on the Advisory
Committee on Arlington National Cemetery. Her son is buried at Section
60 among the many other heroes who gave their lives in Iraq and
Afghanistan.
Mrs. Manion was the only identified surviving family member of a
service member buried at Arlington National Cemetery on the committee.
The cemetery staff have talked about how critical her input was as the
committee considered the cemetery's floral policy. More than a year
after her death, no survivor has been named to replace her and
additional vacancies exist on the committee. Mrs. Manion is currently
buried at section 60 with her son.
The current members of the committee all have exceptional
credentials with the military and veterans service, but none are
identified as a surviving family member. This important stakeholder
population - the families that are grieving their loved ones - is
impacted by decisions made by the advisory committee and could
contribute to the decisions this committee makes, and we believe there
should be at least one survivor, if not more, on the committee.
Plans for the Section 60 Historical Memento Collection Project
We appreciate the Army's history memento collection project at
Section 60, which collects artifacts and mementos of historical
significance once per week on Thursdays and archives them for
posterity. The project has been operating since 2009 and collected more
than 28,000 items. It has helped some of the families, who feared their
mementos were thrown away in the clean-up efforts, to find out that
some of the items were collected by the history collection project and
preserved. In some cases, families have been able to get photographs of
the items from the cemetery administration and this has helped them. We
hope the cemetery will be able to utilize the collection to share
information in partnership with families that further educational
programs about our fallen military and their legacies.
IV. Limitations of the Corey-Shea Act
An area that TAPS would like to bring to the attention of the
subcommittee is the limitations of the Corey-Shea Act (Public Law 111-
275, Title V, Section 502) and its impact on surviving military
families. This act permits the burial or interment of a biological or
adoptive parent in a national cemetery with their child who served in
the military and died by hostile action or from a training-related
injury. Parents are only eligible if the service member does not leave
behind a spouse or child who would be eligible to be interred with the
service member, and if the Secretary of Veterans Affairs determines
that there is space available at the gravesite. The Corey-Shea Act does
not apply to Arlington National Cemetery.
It is not uncommon for grieving military parents to want to be
buried with their children who have pre-deceased them. TAPS supports
the Corey-Shea Act for assisting some parents in fulfilling this
desire. However, not all grieving military parents are eligible for
these burial privileges, because the Corey-Shea Act limits eligibility
to only cases where a service member dies due to hostile action,
friendly fire, or from an injury incurred in military training for a
combat mission.
Of the 4,489 deaths reported by the Pentagon as part of Operation
Iraqi Freedom and Operation New Dawn, approximately 957 service member
deaths (21%) were due to non-hostile acts. Of the 2,285 deaths reported
by the Pentagon as part of Operation Enduring Freedom, approximately
489 service member deaths (21%) were not due to hostile action. While a
handful of these non-hostile deaths might qualify under the friendly-
fire provision in the legislation, many of these parents who lost their
child who was deployed in a war zone would not be eligible.
A surviving father named Frank Contreras of Albuquerque, New Mexico
made contact with TAPS requesting help because he would like to be
buried with his son, Army Specialist Vincent Frank Contreras.
Specialist Contreras died at age 20 in an auto accident on September 3,
2011, while deployed in Germany for training. He is buried at Santa Fe
National Cemetery. Mr. Contreras raised his son as a single parent and
Vincent was his only child. Mr. Contreras had a close relationship with
his son. In the obituary published for Specialist Contreras, Mr.
Contreras is the only survivor and there are no other family members
listed. Mr. Contreras was initially cheered by the passage of the
Corey-Shea Act and the media reports about it, but then discovered that
he was not eligible.
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When asked why he wants to be buried with his son, Mr. Contreras
said, ``This would mean a lot to be right with him. I'd like to just be
with him. One day I'll be ready to visit him, but it would be better if
I was with him . . . My only wish is to be with him when I die. He was
only twenty-years old when he died. I would like for my last thing in
life to be buried with him. It would be the greatest thing on earth.
That would mean a lot, just to know that I would be there. It's hard to
describe, but that's a man's dream to be buried - it's my dream to be
buried with my son.''
If Specialist Contreras had died on the training field, his father
would be eligible to be buried with him. But because he died on a
roadside while in Germany for training, his father is not eligible for
burial benefits. For other military families whose loved ones do not
die in combat or from a training-related injury, the same denial
happens. If their loved one dies from a sudden illness, a cancer
potentially-related to burn-pit exposure in Iraq or Afghanistan, by
homicide, suicide, or in an accident off-base, their parents cannot
request to be buried with them in a national cemetery. The Corey-Shea
Act does not apply to Arlington National Cemetery, so grieving parents
have no option to be placed with their child, unless they pursue a
waiver.
Because of its negative impact on survivors whose loved ones did
not die in combat or from a training-related injury while preparing for
combat, TAPS would support the future expansion of the Corey-Shea Act
to include surviving parents of service members, regardless of manner
of death or location of death, in cases where the veteran or service
member does not leave behind an eligible spouse or child, and in cases
where the Secretary of Veterans Affairs (for those interred in national
cemeteries), the Secretary of the Army (for those interred at Arlington
National Cemetery), or the appropriate representative, determines that
there is space at the gravesite for the interment of additional
remains.
We respectfully request the subcommittee consider making
legislative modifications to the Corey-Shea Act to provide relief for
these families.
V. VA and Arlington National Cemetery's Burial Waiver Request Process
One might think a potential solution for ineligible parents like
Mr. Contreras, would be to apply to the Secretary of the VA for a
waiver, requesting burial with their child in a national cemetery. A
similar waiver process exists at Arlington National Cemetery. Waivers
could, in theory, resolve the matter on a case-by-case basis. However,
the process of requesting a waiver for burial or interment in a
national cemetery, or at Arlington National Cemetery, is a process
where these grieving parents can find no relief.
While Mr. Contreras and other parents ineligible for burial
benefits with their children could request waivers- they would have to
die not knowing if their requests to be buried with their children
could be granted. In practice, the VA and Arlington National Cemetery
do not grant waivers until after the person has died. This means that a
requesting parent has to die without knowing if the request to be
buried with the child will be permitted.
When talking with another parent about the waiver process a few
years ago before the Corey-Shea Act was passed, a surviving mother told
me she found no relief in having to die without knowing if she would be
placed with her son, who is buried in a national cemetery and was
killed in action.
Because the VA and Arlington National Cemetery determine ``at the
time of need'' if space is available for someone who is ineligible, the
people desiring waivers have to die not knowing if their waiver
requests will be granted.
Typically the Next of Kin of the Decedent must be entrusted to
steward the request for a waiver after a survivor has died. The
standards used by Arlington National Cemetery's instructions tell those
requesting an exception to pay particular attention to explaining how
the requestor has served honorably in the U.S. military and/or has
lifetime achievements that have provided significant and notable
support to the U.S. military.
In a 2011 memorandum VA examined National Cemetery Administration
records from 2001 to 2009 to determine the potential impact of the
Corey-Shea Act. NCA's examination found a total of 135 requests for
waivers were received. Twenty-three of the 135 waiver requests were for
the burial of parents. VA approved only 8 of the 23 requested burial
waivers for parents. It is reasonable for a parent to expect, with only
this type of information available, that his or her request to be
buried with a child may not be granted. Dying without knowing whether
one can be buried with one's child when a parent desires it, is an
emotional burden for a grieving parent to carry.
This is an area where better defining the waiver request process
could help survivors. A legislative solution could empower the National
Cemetery Administration and Arlington National Cemetery to make a
preliminary determination on a waiver request, so parents would have
more assurance before their deaths, if their desire to be buried with
their children could be granted. While it might not be a full
declaration of eligibility, nor a guarantee, it could at least give
these grieving parents some relief so they could plan their affairs
accordingly.
We believe that improving the waiver process with greater clarity
and earlier decision-making could alleviate some of the pain that
grieving families now experience in the waiver process, and request the
subcommittee consider legislation that would provide relief for parents
of service members and veterans seeking a waiver.
VI. Recommendations for Improvement
(1) Provide sensitivity training in how to work with bereaved
families for national cemetery staff and Arlington National Cemetery
staff. TAPS is willing to assist with this type of training at a
national level.
(2) Continue the surviving family town hall meetings at Arlington
National Cemetery twice per year and work toward a viable solution for
the mementos at section 60 that does not impair family grieving,
impinge on mourning practices, nor detract from the dignity of the
cemetery.
(3) Nominate or appoint a surviving family member with a loved one
interred at Arlington National Cemetery and consider additional
survivors to join the Advisory Committee for Arlington National
Cemetery.
(4) Consider legislatively modifying the Corey-Shea Act to include
surviving parents of active duty service members who are buried in a
national cemetery, regardless of location of death or cause of death,
in circumstances where the service member does not leave behind an
eligible spouse or child. Consider legislatively modifying the Corey-
Shea Act to include Arlington National Cemetery.
(5) Consider legislative improvements to define the waiver request
process for the national cemetery system and Arlington National
Cemetery, so those requesting interment or burial waivers can receive
an indicator of a decision prior to their death, even if it cannot be a
finalized decision.
(6) Ask the VA Undersecretary for Memorial Affairs and the
subcommittee to initiate discussions with the Veterans Benefits
Administration about the slow payment of burial allowance benefits and
explore what can be done to improve the backlog in survivor benefits,
specifically, the burial allowance.
Thank you for the opportunity to submit this testimony on behalf of
the Tragedy Assistance Program for Survivors.
DISCLOSURE STATEMENT
Neither Ami Neiberger-Miller, nor the Tragedy Assistance Program
for Survivors (TAPS), have received any Federal grant or contract,
relevant to the subject matter of this testimony, during the current or
previous two fiscal years.
Prepared Statement of Diane M. Zumatto
Chairman Runyan, Ranking Member Titus and distinguished members of
the Subcommittee, on behalf of AMVETS, I thank you for the opportunity
to share both our praise and concerns related to the National Cemetery
Administration and the dignified burials of our veterans.
The most important obligation of the National Cemetery
Administration is honoring the memory of the brave American men and
women who have, over the course of our country's history, selflessly
served in our Armed Forces. Therefore, it is with this sacred duty in
mind that we expect the stewardship, accessibility and maintenance of
our entire NCA cemetery system, as well as Arlington National Cemetery,
be treated as the highest priority. AMVETS believes that the dignified
burial of America's veterans is equally as important as any other
service provided by the VA. It is with this in mind that, AMVETS
supports extending advanced appropriations to the remainder of the
discretionary and mandatory programs, services and benefits accounts of
the VA, which would include the NCA. This issue of advanced
appropriations is at the top of our list of concerns regarding NCA
operations.
Four years ago, the President signed the ``Veterans Health Care
Budget Reform and Transparency Act of 2009,'' now Public Law 111-81, to
provide one-year advance appropriations for the Department of Veterans
Affairs' (VA's) medical care programs. At the bill signing ceremony the
President called advance appropriations legislation ``common-sense
reform'' and declared that, `` . . . veterans' health care will no
longer be held hostage to annual budget battles in Washington.'' He
further stated that the advance appropriations process ``promotes
accountability,'' is ``fiscally responsible,'' and does not ``add a
dime to the deficit.'' AMVETS fully supports these sentiments.
Advance appropriations for veteran's health care have proven to be
nothing less than a resounding success for all stakeholders. Timely and
predictable funding has produced numerous operational efficiencies in
the planning and budgeting process and has enabled VA to more
resourcefully utilize its Congressionally-provided appropriations in
operating its medical facilities and programs. Unfortunately, other
veteran's benefits and services that rely wholly or partially on
discretionary funding face annual threats of funding delays and
reductions due to annual budget fights. Extending advance
appropriations would shield all veterans programs from unrelated
political and partisan budget disputes so that VA can continue to
deliver all the benefits and services that wounded, injured and ill
veterans have earned.
As the recent government shutdown has, without a doubt proven,
advance appropriations not only work, they work well. Thanks to their
advance funding, VA hospitals and clinics were able to provide
uninterrupted care to millions of wounded, injured and ill veterans. By
contrast, other critical services for veterans were delayed, disrupted
and suspended. Work was stopped on more than 250,000 Department of
Veterans Affairs (VA) disability claims awaiting appeals, burials at
national cemeteries were scaled back and vital medical and prosthetic
research projects were suspended. Had this stalemate continued for
another couple of weeks, even mandatory obligations of the federal
government, such as disability compensation and pension payments to
veterans and their survivors, would have been halted. More than four
million wounded, injured, ill and poor veterans rely on these payments;
for some it is their primary or only source of income. It is simply
unacceptable that there was even the threat of default on these hard-
earned benefits.
The direct impact of advanced appropriations on NCA would be
substantial and would prevent the interruption of a myriad of burial
and memorial services including:
I limited and/or delayed interment schedules
I cessation of administrative functions - no Presidential Memorial
Certificates issued; interruption of headstone/marker/medallion
application processing & status
I termination of maintenance functions
I inability to provide headstones/markers/medallions and other
burial receptacles to veterans and eligible family members
Under Secretary Muro has done an excellent job executing the
responsibilities of his office to date and with continued funding at
appropriate levels, will reach new levels of distinction including:
continuing to address increasing workload requirements;
I interments are expected to continue rising through 2017
I maintain increasing numbers of occupied gravesites and acreage
I issuance of ever increasing requests for Presidential Memorial
Certificates
I process growing requests for headstones/markers
expanding burial access for veterans and their eligible
family members;
I develop 5 new national cemeteries (Western NY Area; Scottsmoor,
FL; Tallahassee, FL; Southern Colorado Area; & Omaha, NE)
I develop 8 National Veterans Burial Grounds in rural locations
(ME, WI, NV, UT, WY, ID, ND, MT)
I develop 5 urban initiative facilities (San Francisco Area, Los
Angeles Area, Chicago Area, Indianapolis Area & New York City Area)
achieving high levels of customer satisfaction;
I continue customer service best practices
implementing cost saving and operational improvement
measures;
I headstone support systems;
I pre-placed crypts;
I water-wise landscaping; and
I memorial walls
Looking ahead to FY 2014, AMVETS supports the NCA as they make
progress on several major initiatives critical to the achievement of
their mission through implementation of their strategic goals
including:
much needed land acquisition and critical master planning
efforts without which, NCA would be unable to meet the growing needs of
our nation's veterans, especially those in rural areas, and their
eligible family members;
continuously improving preservation and restoration of
irreplaceable historic resources which not only commemorate the valor
and service of our veterans, but record the very historic fabric of our
nation's history;
continued development and utilization of customer service
best practices;
continued leadership in and expansion of the hiring and
training of veterans;
I the Veterans Apprenticeship Program will be graduating 13
formerly homeless veterans as new caretakers and is expecting the
incoming class to welcome 24 new candidates.
I the composition of NCA's current workforce is highly veteran
oriented, with over 74% of its employees having served in the military.
I approximately 84 % of NCA's contracts were awarded to Veteran-
Owned and Service Disabled Veteran-Owned small businesses.
leading edge improvements in the area of environmental
stewardship and facilities maintenance which not only leverage
resources but uphold the high standards required of national shrines.
It is also our understanding that the following legislative
proposals were submitted with the FY 2014 budget request:
Use of Character of Service Determinations for Active
Duty Deaths: this proposal would require that a service member who dies
in active service must have been serving under conditions other than
dishonorable to be eligible for burial in a VA National Cemetery. It
would also do the same for a burial flag. This cost-neutral proposal
would correct the current inequity between the treatment of active duty
service members and veterans and would not authorize any new benefits.
AMVETS would support this legislation.
Expand Authority to Provide Headstones and Markers to
Eligible Spouses and Dependents at Tribal Veteran's Cemeteries: this
proposal would provide eligibility for headstones and markers for
burial and memorialization of Veteran's eligible spouses and dependent
children interred at Tribal Veteran's Cemeteries. This proposal would
carry a negligible price tag of under $13 thousand in 2014 and $182
thousand over 10 years. AMVETS would support this legislation.
Expand VA's Authority to Provide an Allowance to
transport Certain Deceased Veterans to a state or Tribal Veterans
Cemeteries: this proposal would expand VA's authority to cover
transportation costs for the remains of certain deceased veterans to
include the closest State or Tribal Veterans Cemetery for burial.
AMVETS would support this nearly cost-neutral legislation.
Expand VA's Authority to Provide outer Burial Receptacles
to State and Tribal Cemeteries: this proposal would direct VA to
provide outer burial receptacles for each new casketed gravesite in a
State or Tribal Veterans Cemetery that receives a grant from the VA's
Veterans Cemetery Grants program. Costs associated with this
legislation would average$2.55 million in FY 2014 and $27.8 million
over 10 years. AMVETS would support this legislation.
This concludes my testimony for today and I'll be happy to answer
any questions you may have.
30 October 2013
The Honorable Representative Jon Runyan, Chairman
Subcommittee on Disability Assistance & Memorial Affairs
U.S. House of Representatives, Veterans Affairs Committee
335 Cannon House Office Building
Washington, DC 20510
Dear Chairman Runyan:
Neither AMVETS nor I have received any federal grants or contracts,
during this year or in the last two years, from any agency or program
relevant to the upcoming 7 March 2013, Subcommittee on Disability
Assistance & Memorial Affairs hearing on Sustaining the Sacred Trust:
An Update on our National Cemeteries.
Sincerely,
Diane M. Zumatto, AMVETS
National Legislative Director
Statements For The Record
MR. PAUL LaRUE
Chairman Runyan and members of the Subcommittee:
It is an honor to provide information to the committee as it
relates to dignified burials for our military veterans. My name is Paul
LaRue, and I am a high school history teacher in Washington Court
House, Ohio , about fifty miles southwest of Columbus. I would like to
provide testimony in support of H.R. 2018. In 2001, I was showing my
history class a section of our local cemetery where several African
American Civil War Veterans are buried. After observing the condition
of the veteran's headstones, one of my students said, ``Don't these men
deserve better?'' (Exhibits # 1 and #2.) With that simple question my
students and I decided to help get these forgotten heroes the final
tribute they had earned. We began with the help of the Department of
Veterans Affairs' headstone policy (circa 2002), and our local cemetery
superintendent, a Vietnam War veteran. The students researched and
ordered headstones for the veterans with unmarked graves. In the spring
of 2002 my students began the process of installing the new VA
headstones, as well as lifting, straightening, and cleaning the
existing headstones (exhibit #3 and #4.) My students' teamwork and
enthusiasm for the project was amazing. On May 22nd 2002 we had a
dedication ceremony for the newly rejuvenated Soldier's Row. These
students were seniors, and wanted to complete this project before their
graduation. Though a little over ten years ago, I have run into some of
my old students, who can state with pride which headstone they helped
install. One of my students discovered that his great, great
grandfather was born a slave and served in the Union army before moving
to our community to raise his family. This section of our cemetery has
gone from looking sad and neglected, to being a source of pride for our
community (exhibits # 5 and #6.)
Following the success of this project, my students and I have been
invited to several other cemeteries to help mark the graves of veterans
with unmarked graves. The spring of 2013 my students and I traveled to
Beech Grove Cemetery in Cincinnati at the request of Carl Westmoreland,
senior historian at the National Underground Railroad Freedom Center.
For the second year in a row my students had researched, ordered, and
installed headstones for African American veterans with unmarked
graves. Jason Dominguez, Assistant Director at the Ohio Department of
Veterans Services, joined my students to help install and properly
recognize these forgotten heroes (exhibits # 7 and #8.) Luckily, we had
ordered these headstones before the VA began enforcing its new next of
kin policy.
My students have researched, ordered, and installed over seventy
veterans' headstones in five cemeteries in southern Ohio. I have been
in the classroom since 1985, and have won numerous state and national
teaching awards, including recognition from The History Channel for our
work marking Veterans graves. The success of this project and its
lasting impact on students, military veterans, and the community is
what I am most proud.
The change in the Department of Veterans Affairs' headstone policy,
though well intentioned, has created negative consequences for
underserved veteran populations by requiring lineal descendants only to
request headstones. Often Veterans began their lives in slavery or as
immigrants to this country (exhibits #9 and #10 , taken from a lesson
plan I completed for the Civil War Trust,) so lineal descendants are
impossible to identify, if any exist. The type of projects my students
and I, as well as many other groups around the country, have undertaken
will no longer be possible. Over the years my students and I have
developed a core belief: ``All veterans regardless of race, ethnicity,
religion, or gender should have a headstone, ``(exhibit #11.) As one of
my students asked on that day in our local cemetery over a dozen years
ago, ``Don't these men deserve better?'' The answer is yes, they do;
please support H.R. 2018. Thank you.
Paul LaRue
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JEFFREY I. RICHMAN
MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE:
As President John Fitzgerald Kennedy said years ago, ``A nation
reveals itself not only by the men it produces-but also by the men it
honors, the men it remembers.'' That's the hope - that America honors
the service of all of its veterans who lie in unmarked graves by
marking those graves.
The Problem: On July 1, 2009, the Department of Veterans Affairs
adopted regulations that substantially changed the process of applying
for a VA marker and, with the enforcement of that regulation beginning
in 2012, has virtually shut that program down. Prior to the enactment
of these regulations, a cemetery, a museum, an historian, or anyone
else qualified as an applicant for VA markers. However, new regulations
changed that: Code of Federal Regulations section 38.632-(1) created an
entirely new and unreasonably limited definition of ``Applicant:
Applicant means the decedent's next-of-kin (NOK), a person authorized
in writing by the NOK, or a personal representative authorized in
writing by the decedent to apply for a Government-furnished headstone
or marker . . . .''
The Proposed Solution: This regulation, as it applies to veterans
who answered the call of their country generations ago, is
inappropriately narrow and should be rescinded. In its place, a
separate category should be created for applications to mark the
unmarked graves of veterans who have been separated from service for 62
years--the time period that the National Archives uses as the
appropriate period after which a veteran becomes part of history and
his or her records are made public. If a veteran was separated from
service more than 62 years ago, anyone--historian, plumber,
Congressman, upon proof to the satisfaction of the VA of the veteran's
military service, and with permission of the cemetery where the veteran
is interred that a marker may be installed, should be allowed to apply
to the VA for a marker. Or, in the alternative, a more restrictive, but
still workable rule, would put the line at 62 years after the veteran's
death.
My Background: I am the historian at The Green-Wood Cemetery in
Brooklyn, New York, a National Historic Landmark and one of America's
first rural cemeteries, where more than half a million individuals are
interred. Veterans of every war that America has fought are interred
there. I am also on the board of trustees of the North Shore Civil War
Roundtable. In 2012, I was the coordinator for New York State Day at
Antietam National Battlefield. I am a color bearer for the Civil War
Trust and am a member of the Center for Civil War Photography. I am the
author or editor of three books, including ``Final Camping Ground:
Civil War Veterans at Brooklyn's Green-Wood Cemetery, In Their Own
Words.'' In 2012, I obtained bronze markers from the VA to mark the
unmarked graves of men who died in Mexico during the Mexican War. I
created the website marktheirgraves.org to protest the Veteran's
Administration's overly-restrictive policy concerning who may apply to
mark the unmarked grave of a United States veteran.
I very much appreciate this opportunity to submit this statement to
the House Committee on Veterans' Affairs, Subcommittee on Disability
Assistance and Memorial Affairs, in conjunction with its hearing,
``Focused Issues on Dignified Burials: A National Cemetery Update.''
The Background: Now, as we commemorate the sesquicentennial of the
Civil War, groups and individuals across the globe (and as far away as
Australia) have been identifying Civil War and other veterans who lie
in unmarked graves and have been applying to the Veterans
Administration for markers for these men.
Since 2002, I have led Green-Wood's Civil War Project, which has
identified 5,000 Civil War veterans, including 85 Confederates, who are
interred there. Remarkably, of those 5,000 men, 2,000 were in unmarked
graves--nothing bore their name. They were forgotten. But it was
certainly not the intention of Congress or the federal government that
they be forgotten.
The Veterans Administration's Headstones and Markers Program is
tremendously important. It has been marking the unmarked graves of
Civil War veterans, as well as veterans of other eras, since 1879.
However, as of mid-2012, that marker program, in effect, has been shut
down for many long-forgotten veterans.
Many veterans lie in unmarked graves. By one sample, 40% of Civil
War veterans, men who sacrificed so much, had nothing visible at their
graves with even their name on it, let alone anything that pays tribute
to their service. The VA, for years, has allowed anyone, upon proof of
military service, to request a marker, so long as the cemetery where
the veteran is interred agrees to allow its installation.
As a result, dedicated volunteer researchers across America and the
world--as far away as Australia-have been working diligently to
identify veterans who lie in unmarked graves-and to get their graves
marked with headstones or bronzes issued by the Veterans
Administration.
But, on July 1, 2009, the VA adopted regulations that substantially
changed the process for applying for a VA marker and, with the
enforcement of that regulation beginning in 2012, has virtually shut
that program down. Prior to the enactment of these regulations, a
cemetery, a museum, an historian, or anyone else was permitted to apply
for markers. However, the new regulations changed that: Code of Federal
Regulations section 38.632-(1) created an entirely new and unreasonably
limited definition of ``Applicant: Applicant means the decedent's next-
of-kin (NOK), a person authorized in writing by the NOK, or a personal
representative authorized in writing by the decedent to apply for a
Government-furnished headstone or marker . . . .''
The Veterans Administration, and its marker program, did not exist
at the time of the Civil War. Therefore, it is unlikely that any
Revolutionary War, War of 1812, Mexican War, or Civil War veteran had
the foresight to appoint a personal representative in writing to apply
for a Government-furnished headstone or marker-through a program that
did not even exist before many of these vets already were dead! The
other two possibilities-next-of-kin or person authorized in writing by
the next-of-kin, are very limited. We are, for example, approximately
seven generations removed from the Civil War. It is a tremendous amount
of work to locate next-of-kin-who would then apply or authorize
another, in writing, to apply. And what is the point of doing so? Is a
descendant, who never met the veteran, and is seven generations or so
removed from that veteran's life, in any way better situated to carry
out the intent of the veteran? It does not seem that that would be the
case.
And, it gets even worse. Friends of Cheltenham and Regional
Cemeteries in Australia wrote to the Civil War News-and their letter
was published in the February/March 2013 edition. They had identified
five men who served during the American Civil War and were ultimately
interred in Australia. They submitted applications to the VA to finally
mark these graves; the applications were rejected because they lacked
the approval of a lineal descendant. When the group reported back to
the VA that none of these veterans had lineal descendants-some had not
had children, the lines of others already had died off--the
applications were again rejected because the veteran has no lineal
descendant. This requirement of approval from a ``direct/lineal
descendant'' was repeated by the VA in other rejections of
applications.
So, here's the new VA rule, pursuant to CFR section 38.632: you
only get a marker if you had children and your children had children,
etc., etc. According to the VA's rule, now a researcher must not only
find and identify the veteran and prove his service, but also must find
a lineal descendant and get that lineal descendant to complete an
application for a marker. The VA further explained in response to the
applications submitted from Australia:
The purpose of defining in regulation who may apply for a headstone
or marker was to ensure that family members were not left out of the
decision-making process. In the past, there have been instances of
well-meaning individuals and organizations taking action to mark graves
or replace headstones without the knowledge of family members.
The death, burial, headstone, inscription, and gravesite of a loved
one is a very personal matter, and although we recognize that many
families are grateful for assistance, we also understand that many
family members do not want external involvement with decisions
regarding VA benefits.
This is the issue that the 2009 regulations sought to address. So,
those regulations go on for four pages, detailing how disputes within
the veteran's family are to be resolved.
Yet, in the real world, such disputes over marking the graves of
veterans of long ago rarely, if ever, occur. For example, the Green-
Wood Civil War Project, which has installed 1,300 gravestones, has had
no complaints from descendants upset by the installation of those
gravestones. There have been no disputes about ``Emblems of belief''-a
subject addressed at length in the new regulations--because no such
emblems have been requested by Green-Wood from the VA. And, when in
2012 Green-Wood mounted bronze plaques obtained from the VA on granite
bases supplied by the cemetery to finally mark the graves of American
officers who had given their lives for their country, no one
complained.
Bottom line: these changes in the definition of ``applicant,''
aimed at dealing with family disputes typically involving veterans who
have served recently and who have family alive and able to engage on
the issue of the wishes of the veteran, should not be applied to
veterans who served long ago. It just makes no sense to do so.
The VA set up a committee at least mort than a year ago to review
these regulations. But that committee has failed to act and appears to
be in no rush to change its ill-conceived regulation. This response,
concerning the progress of this committee, was recently received from a
VA official: ``Memorial Programs Service continues to work with the NCA
Legislative and Regulatory Service on updating the Code of Federal
Regulations (CFR) for the Headstone and Marker Application Process.
Unfortunately, this is a long process. I do not have an update for you
at this time.''
But the VA already has admitted that its current regulation, so
severely restricting who may apply for a marker, is
``overrestrictive.'' On April 10, 2013, Steve Muro, under secretary for
memorial affairs at the Veterans Administration, testifying before a
Congressional subcommittee, was questioned by Congressman John Runyan
on this issue. Muro responded that ``. . . we are actually looking at
that reg. And we are going to do some rewrites of it . . . they made it
overrestrictive . . . And when we get ready we will put it out for
public comment. We will keep the committee in the loop on that to let
you know when we get ready to do that.''
The Veterans Administration has realized, after more than a year of
enforcing an absurd regulation, that it made a mistake. Yet the VA, as
of yet, has offered no solution to this poorly written regulation. As
recently as a month ago, Steve Muro wrote to Congressman Steve Israel
to explain the next-of-kin requirement: ``We realize, however, that the
definition may be too limiting, and we are reviewing the current
regulation to include the applicant definition.'' But, again, nothing
has been done to change this requirement that only next-of-kin may
apply.
A year ago, the VA, in effect, shut down its program, which has
been in existence for more than a century, to mark the graves of
veterans whose graves were unmarked. It ended that program by
redefining ``applicant'' for a marker so narrowly that only direct
descendants, rather than historians, cemeteries, museums, veterans
associations, and concerned researchers, may apply for a marker. This
is wrong.
More examples of rejected applications on behalf of veterans who served
honorably and sacrificed for their, and our, country:
George J. Weinmann has several ancestors who served in the Civil
War. He is a genealogist and historic researcher. He holds office in
many patriotic organizations and is the vice president of the
Greenpoint Monitor Museum. George has worked as a volunteer for 20
years to identify veterans and to mark their graves with VA headstones.
He does this work, as a volunteer, for one simple reason: because
marking the graves of men who served and sacrificed for their country
is the right thing to do. George recently located the final resting
place of Private William Ellingham (1845 - 1888) at Brooklyn's
Evergreens Cemetery. Ellingham served with the 128th New York Volunteer
Infantry during the Civil War. At Cedar Creek, Virginia in October
1864, he received lacerations and bruising to his legs when a horse
trampled him as his regiment was overrun. George applied for a
gravestone to mark this veteran's grave; the Veterans Administration
rejected the application because George, historian and concerned
volunteer, was not a direct descendant.
John Wesley Cunningham (1844 - 1899) served as a private in the
176th New York Volunteer Infantry during the Civil War. While in
service, he suffered from pulmonary congestion that required repeated
hospitalizations. After the war, he suffered from many illnesses,
including loss of sight, heart, rheumatism and kidney trouble. George
Weinmann found Cunningham's unmarked grave at Evergreens Cemetery. He
applied to the Veterans Administration for a gravestone; that
application was summarily rejected by the VA.
Volunteer researchers in Melbourne, Australia, have identified
several veterans of America's Civil War who are interred down under.
Charles Blume (1842-1914) served with the 11th Maryland Volunteer
Infantry. By the time of his death, his wife was already dead and he
apparently had two married daughters living in Germany, but their names
are unknown. An application was submitted to the Veterans
Administration in the United States to mark his unmarked grave. It was
summarily rejected by the VA because the applicant was just a concerned
citizen in Australia--not his direct descendant.
Does Charles Blume have a direct descendant alive today? No one
knows.
Can that descendant be found? Unlikely.
Would it help to find that descendant? Can't imagine why it would.
Will he ever have his grave marked? Not unless the VA changes its
regulation.
George Stillie (1839-1919) also is interred in an unmarked grave in
Melbourne, Australia. He served his country during the Civil War in the
United States Navy aboard the USS North Carolina, USS Valley City, USS
Fernandina and USS Roebuck. Stillie's wife died before he did and their
only child died in New Zealand in 1912. So, at the time of his death,
he had no living lineal descendants.?Unless the VA reverses its policy,
George Stillie will lie in an unmarked grave for eternity.
Charles Purser, Air Force veteran and Civil War detective, spent 25
years researching Confederates and Union men who are interred in
Historic Oakwood Cemetery in Raleigh, North Carolina. After solving
their mysteries one by one, he applied for and received granite
gravestones from the Veterans Administration to mark their unmarked
graves.
But that was then and this is now: no researcher would be able to
get those gravestones today. That's sad-it is not the way it should be.
There are people like Charles Purser all across the world-who want to
do their part to mark the graves of Civil War and other veterans.
Because it is the right thing to do. Shouldn't the VA do its part?
William Peter Strickland (1809-1884) served as chaplain of the 48th
New York Infantry for two years during the Civil War. Strickland, like
many Northern Evangelicals, believed that serving the Union was ``the
most sacred duty of every liberty-loving American citizen.'' He is
interred in Brooklyn's Green-Wood Cemetery in an unmarked grave.
An application was made to the Veterans Administration for a
headstone for him. That application was rejected because the applicant,
the cemetery where he is buried, was not next-of-kin. Chaplain
Strickland lies today, 150 years after his service to his country, in
an unmarked grave. We know who he was. We know that he served his
country. Shouldn't his grave be marked? Shouldn't his service to his
country be honored? We think so!
Major James H. Remington of the 7th Rhode Island Infantry and
Corporal Philip Tavernier of the 4th New York Infantry were wounded at
the Battle of Fredericksburg, Virginia. Alvah Schofield was a Navy man.
Sergeant David Bell served with the 2nd U.S. Artillery. First
Lieutenant James Entwhistle served with the 6th New York Infantry from
1861 to 1863. Private Wales Jennings served for a year with the 15th
Connecticut Infantry. Applications, made in June, 2012, on behalf of
these men to mark their unmarked graves all were rejected by the
Veterans Administration because the applicant, the cemetery where they
lie, was not a lineal descendant. They served their country. Shouldn't
their graves be marked? They certainly should.
``All honor to our dead! Let their names be engraved on the tablet
of our memories, and may those to whom they were near by the ties of
relationship, find consolation in the thought that their sufferings and
death were a part of that inestimable price which was paid to secure
the national life for the present and the future.''
- Alfred Davenport, Camp and Field Life of the Fifth New York
Volunteer Infantry.
Very truly yours,
Jeffrey I. Richman
Green-Wood Cemetery Historian
Submission For The Record
LETTER FROM STEVE L. MURO, DEPARTMENT OF VETERANS AFFAIRS
DEPARTMENT OF VETERANS AFFAIRS
UNDER SECRETARY FOR MEMORIAL AFFAIRS
WASHINGTON DC 20420
August 5, 2013
The Honorable Susan W. Brooks
Member, United States House of Representatives
8900 Keystone Crossing, Suite 1050
Indianapolis, IN 46204
Dear Congresswoman Brooks:
This is in further response to your inquiry on behalf of Ms. Susan
D. Bizzel who requested disinterment of the remains of Mr. Michael
Anderson from a Department of Veterans Affairs (VA) national cemetery.
Please accept my apologies for the delayed response.
On June 5, 2012, VA's National Cemetery Administration (NCA) found
Mr. Anderson eligible for Interment at Fort Custer National Cemetery in
Michigan. Mr. Anderson was interred on June 7, 2012. NCA first became
aware of Mr. Anderson's involvement in the Indianapolis shooting death
of Ms. Alicia Koehl when the cemetery director receiver a voice mail
from a concerned individual on July 27, 2012. Since that time, VA
conducted a careful review of all the facts in this case, as well as
the administrative procedures used to determine eligibility for
interment in a VA national cemetery. Based on the review, VA finds that
NCA followed its regulatory process as required by Section 38.618 of
title 38 of the Code of Federal Regulations because the decision was
made based on the information known at the time of the burial request.
In this case, the regulatory requirements for disinterment have not
been met and VA is unable to disinter Mr. Anderson at this time.
VA has provided technical drafting assistances to those in Congress
who seek to make sure VA has the necessary legal authority to preserve
the sanctity of VA national cemeteries.
I hope this information will be helpful to you in responding to
your constituent. Thank you for your continued support of our mission.
Sincerely,
Steve L. Muro
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