[House Hearing, 115 Congress]
[From the U.S. Government Publishing Office]
LEGISLATIVE HEARING ON H.R. 4312, H.R. 6409, AND H.R. 6420
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HEARING
BEFORE THE
SUBCOMMITTEE ON DISABILITY ASSISTANCE AND MEMORIAL AFFAIRS
OF THE
COMMITTEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
WEDNESDAY, SEPTEMBER 5, 2018
__________
Serial No. 115-75
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Printed for the use of the Committee on Veterans' Affairs
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Available via the World Wide Web: http://www.govinfo.gov
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COMMITTEE ON VETERANS' AFFAIRS
DAVID P. ROE, Tennessee, Chairman
GUS M. BILIRAKIS, Florida, Vice- TIM WALZ, Minnesota, Ranking
Chairman Member
MIKE COFFMAN, Colorado MARK TAKANO, California
BILL FLORES, Texas JULIA BROWNLEY, California
AMATA COLEMAN RADEWAGEN, American ANN M. KUSTER, New Hampshire
Samoa BETO O'ROURKE, Texas
MIKE BOST, Illinois KATHLEEN RICE, New York
BRUCE POLIQUIN, Maine J. LUIS CORREA, California
NEAL DUNN, Florida CONOR LAMB, Pennsylvania
JODEY ARRINGTON, Texas ELIZABETH ESTY, Connecticut
CLAY HIGGINS, Louisiana SCOTT PETERS, California
JACK BERGMAN, Michigan
JIM BANKS, Indiana
JENNIFFER GONZALEZ-COLON, Puerto
Rico
BRIAN MAST, Florida
Jon Towers, Staff Director
Ray Kelley, Democratic Staff Director
SUBCOMMITTEE ON DISABILITY ASSISTANCE AND MEMORIAL AFFAIRS
MIKE BOST, Illinois, Chairman
MIKE COFFMAN, Colorado ELIZABETH ESTY, Connecticut,
AMATA RADEWAGEN, America Samoa Ranking Member
JACK BERGMAN, Michigan JULIA BROWNLEY, California
JIM BANKS, Indiana CONOR LAMB, Pennsylvania
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
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Wednesday, September 5, 2018
Page
Legislative Hearing On H.R. 4312, H.R. 6409, And H.R. 6420....... 1
OPENING STATEMENTS
Honorable Mike Bost, Chairman.................................... 1
Honorable Elizabeth Esty, Ranking Member......................... 2
WITNESSES
The Honorable Conor Lamb, U.S. House of Representatives.......... 3
The Honorable James B. Renacci, U.S. House of Representatives.... 3
The Honorable Doug LaMalfa, U.S. House of Representatives........ 5
Mr. Matthew Sullivan, Deputy Under Secretary for Finance and
Planning, National Cemetery Administration, U. S. Department of
Veterans Affairs............................................... 6
Prepared Statement........................................... 15
Accompanied by:
Dr. Bryce A. Carpenter, Program Manager, Veterans Legacy
Program, National Cemetery Administration, U. S.
Department of Veterans Affairs
Mr. Carlos Fuentes, Director, National Legislative Service,
Veterans of Foreign Wars....................................... 7
Prepared Statement........................................... 17
Mr. Greg Nembhard, Assistant Director, Claims Discharge Upgrade,
Veterans Affairs and Rehabilitation Division, The American
Legion......................................................... 8
Prepared Statement........................................... 18
STATEMENT FOR THE RECORD
Jeremy M. Villanueva, Disabled American Veterans (DAV) Associate
National Legislative Director.................................. 20
LEGISLATIVE HEARING ON H.R. 4312, H.R. 6409, AND H.R. 6420
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Wednesday, September 5, 2018
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 1:49 p.m., in
Room 334, Cannon House Office Building, Hon. Mike Bost
[Chairman of the Subcommittee] presiding.
Present: Representatives Bost, Coffman, Bergman, Banks,
Esty, and Lamb.
OPENING STATEMENT OF MIKE BOST, CHAIRMAN
Mr. Bost. We are going to go ahead and get started. We are
still waiting for a few, but the hearing will come to order.
First off, I want to thank everybody for joining us today.
And today we are going to discuss three bills that address a
central issue: How can we ensure that our Nation never forgets
the brave men and women who serve in national uniform?
One of the bills on today's agenda, H.R. 4312, would
require VA's national cemeteries to allow the display of a
battlefield cross, which is a monument that depicts a fallen
servicemember by an inverted rifle and a helmet and dog tags on
top and a pair of combat boots on the bottom. I know everybody
has seen those. This is an image that every man or woman who
has worn the uniform knows and, unfortunately, all too well. It
is sacred for all of us.
At one time, there was confusion as to whether the
battlefield cross could be displayed at a VA cemetery, and I
appreciate the Department's subsequent clarification that there
is no prohibition from use of this image. That being said, I
appreciate the fact that Mr. Renacci--under his leadership, we
are going to codify this classification, and I am pleased to
support this bill.
Another bill, H.R. 6409, would authorize VA to inscribe the
names of veterans, spouses, and dependents on the VA markers
placed in private cemeteries. Currently, the VA cannot mark the
name and date for a deceased spouse on a VA headstone in a
private cemetery. And Mr. LaMalfa, when he arrives, will have
that bill, and it allow the VA to do so, just so you know, just
as it does for spouses buried in the VA national and State
cemeteries.
I support the commonsense bill because my office receives
numerous calls from veterans around the country who are
frustrated and saddened that their spouses cannot be properly
memorialized on the VA marker.
Finally, H.R. 6420, sponsored by Mr. Lamb, would authorize
VA to award grants instead of contracts to educational
organizations that research the lives of those who are interred
in our national cemeteries.
I know many of our colleagues here today have worked hard
on their proposals. I look forward to the discussion of how
these bills will impact the veterans and their families.
Now I am going to turn it over to Ranking Member Esty for
her opening statement.
OPENING STATEMENT OF ELIZABETH ESTY, RANKING MEMBER
Ms. Esty. Thank you, Mr. Chairman.
One of the honors I have as serving as ranking Member of
this Subcommittee is to exercise our collective responsibility
to oversee and authorize the programs of the National Cemetery
Administration.
The excellent work of the national cemetery directors and
their staff to fulfill the final wishes of eligible veterans
and their families with respect and dignity at the highest
standards in the world is something of which all Americans can
be proud. I know that family members take great comfort from
the fact that their loved ones' final resting places will be
maintained at such a high standard in perpetuity long after
they themselves are gone.
Today, we have three bills before us, all having to do with
the Cemetery Administration. I support all of them and look
forward to any suggestions that the witnesses or fellow Members
of the Committee have for how these bills might be improved.
I want to thank my colleagues Mr. LaMalfa, Mr. Renacci, and
Mr. Lamb for their excellent bills, and, again, to say how
proud I am to serve on this Committee, which does such good
bipartisan work, hearing from those we are honored to represent
and to understand how we can do a better job.
In particular, I want to congratulate Mr. Lamb for his
bill, H.R. 6420, allowing the Veterans Legacy Program to
establish a grant program for the purposes of working with
institutions of higher education to conduct cemetery research
and produce educational materials. Universities are much more
accustomed to working with grants than they are with Federal
contracts, and this just makes sense and allows us, in fact, to
provide better for those who visit our cemeteries and to the
families.
So, again, welcome to everyone who is in attendance this
afternoon. I look forward to the testimony and the opportunity
to ask questions.
Thank you again, Mr. Chairman, and I yield back.
Mr. Bost. Thank you, Ms. Esty.
We are honored this morning by several of our colleagues
who are going to be testifying about the bills they have
sponsored: Representative Doug LaMalfa of California,
Representative Conor Lamb of Pennsylvania, and Representative
James Renacci of Ohio.
Welcome. I appreciate all of you taking the time out of
your day and bouncing around, with this late time and late
start, for sponsoring this legislation, though, as well, and
for our Nation's veterans.
We will begin with our colleague here on the dais, Mr.
Lamb. You are recognized for 5 minutes to discuss H.R. 6420.
STATEMENT OF THE HONORABLE CONOR LAMB
Mr. Lamb. Thank you, Mr. Chairman. It won't take 5 minutes.
This is just a--this is a simple bill but a significant one.
The National Cemetery Administration has advised us that it
will be simpler for the participants in this program to take
part if it is structured as a grant program instead of a
contract program. And basically what that allows is
universities, nonprofits, other local educators to receive
government funding to do research and develop educational
materials about the people buried in their local cemeteries.
So, for us, that is the National Cemetery of the
Alleghenies that is located in my district. It is a beautiful
cemetery. A lot of heroes from multiple wars are buried there,
and people need to know about it. They need to know about who
these men and women are, both at the cemetery and also
traveling around western Pennsylvania to schools, universities,
that kind of thing.
So this will be much easier, there will be less red tape,
it will be more efficient if we do it as a grant program
instead of a contract program. So I hope everyone on the
Subcommittee will support that.
Thank you.
Mr. Bost. Thank you, Mr. Lamb.
Okay. Now turning to the colleagues at the table, Mr.
Renacci, you are recognized for 5 minutes to discuss H.R. 4312.
STATEMENT OF THE HONORABLE JAMES B. RENACCI
Mr. Renacci. Thank you, Chairman Bost, Ranking Member Esty,
and Members of the Subcommittee. I am thankful to have the
opportunity to come before you today and speak on my
legislation, the Fallen Warrior Battlefield Cross Memorial Act.
This bipartisan legislation will protect the display of those
memorials at our Nation's national cemeteries commemorating the
service of those who gave their lives for our Nation.
For those unfamiliar with the battlefield cross, also known
as the soldier's cross, it consists of an inverted rifle
accompanied by a pair of boots at its base, a helmet over the
rifle's stock, and a soldier's dog tags. These crosses serve as
memorials to fallen soldiers at base camp or in the field.
It is hard to understand the profound meaning that these
memorials hold for our servicmembers. As one of my staff
members who served in the Armed Forces explained, ``I kneeled
in front of 16 battlefield crosses during my 15-month
deployment in Afghanistan to say goodbye to my brothers in
arms.''
The presence of the battlefield cross in national
cemeteries alongside the graves of our fallen heroes affords
those of us who have knelt in the dirt and sand of the
battlefields to kneel again and recognize our comrades who,
while separated by branch of service, eras of wars, or
different decades, are brothers in arms nonetheless.
For a long time, the presence of battlefield cross
memorials in a national cemetery was not controversial.
However, last September, battlefield cross memorials in Ohio,
Illinois, and Michigan were abruptly from their time-honored
locations in three national cemeteries, one of which is in my
district.
My office contacted the National Cemetery Administration,
and we were informed that they were removed because of the
policy that such works cannot feature actual ordnance or a
realistic replica of actual ordnance. An interpretation of this
policy that extends to brass or concrete rifles is not only
misguided but strains a reasonable understanding of what
constitutes a realistic replica.
Fortunately, under pressure from local veterans and
inquiries from the congressional office, the National Cemetery
Administration ultimately returned these battlefield crosses to
their sites. However, officials did say that no new battlefield
crosses would be accepted, again citing the same policy.
This continued misrepresentation of policy ignores the
special place that the battlefield cross occupies in the hearts
of our veterans. That is why I introduced the Fallen Warrior
Battlefield Cross Memorial Act to codify protections for
battlefield crosses and clarify that their placement in
national cemeteries shall not be prohibited, regardless of
whether placed currently or in the future.
Passage of this legislation is important for two critical
reasons. First, as the removal last year demonstrated, policies
and their interpretations can change. Though the National
Cemetery Administration has thankfully returned those
battlefield crosses to their location without the force of law,
there are no permanent protections in place to assure that in
the future some other official may not again misguidedly
reinterpret policy and remove them once more.
Second, and even more important, passage of this
legislation is important because of what these memorials mean
to our veterans and the families of fallen soldiers. Elton
Boyer, president of the 555 Honors Detachment, wrote to my
office, ``It has been said that a soldier's cross is a symbol
for caring, honoring, and remembering no one left behind.''
Pat Murray, a Gold Star Mother from my district, told me,
``The fact that our heroes who lost their brothers and sisters
are all fighting to erect this symbol--boots, guns, and a
helmet with dog tags--in memory as a memorial makes this as
powerful as a tombstone. Our heroes earned this. Allow them to
have it.''
As my time concludes, I would like to thank the Members of
the Subcommittee for holding a hearing on the Fallen Warrior
Battlefield Cross Memorial Act, which currently enjoys the
support of 40 Members of the House. I would also urge passage
of this legislation by the Full Committee at the earliest
possible opportunity.
As evidenced by the voices of those affected by the removal
of these memorials, we must act to preserve their continued
placement in our national cemeteries as a testament to their
service and the sacrifice of our fallen warriors.
And I yield back.
Mr. Bost. Thank you, Mr. Renacci.
We will now hear from Mr. LaMalfa on H.R. 6409. You are
recognized for 5 minutes.
STATEMENT OF THE HONORABLE DOUG LAMALFA
Mr. LaMalfa. Okay. Thank you, Chairman Bost and Ranking
Member Esty and all the Committee Members. I appreciate the
chance to really right a wrong here, an oversight.
So thank you for allowing me to speak on H.R. 6409, called
the Honoring Veterans' Families Act. It is a simple bill that
would clarify the current grave marker benefit to ensure that
the families, especially spouses of veterans, can be added to
their gravestones.
Now, in my town of Chico in my district in California, on
the corner of West Third and Normal Avenue, across the street
from the Gearhead Barbershop, sits the Bidwell Chapel. Clark
Masters, who runs and operates the chapel, came to me with an
issue back in April.
Mr. Masters said the VA was no longer adding a spouse to a
veteran's gravestone or leaving a space for the family to add
the spouse's name later, which seems like an odd issue since
there is precedent for it. My staff and myself had seen names
of spouses on veterans' graves before, so we brought it to the
VA.
We learned that, due to a flaw in current law, that the
Department of Veterans Affairs cannot include almost any
information about the spouse of a veteran on a VA-provided
tombstone. We also found that, while speaking with the VA,
there was a mutual interest in addressing this issue, which
requires a simple policy change.
As such, it was included in the Department's budget request
earlier this year, and they worked with us to craft this
legislation we have here today. Not longer after, this
Committee reached out to us about their interest in moving this
bill. So I thank the Committee.
The reason I wanted to share the brief history behind 6409
is because I believe it serves as a reinforcement of how good
policy can be created. Constituents bring issues to us;
agencies recognize problems and work with us to make the
changes for the better.
So, despite it being just a three-page-long bill, which is
kind of nice for a change, this bill will impact nearly 21
million people, our veterans, and their families.
So I hope this Committee will continue this great work on
supporting our veterans and pass 6409 at the earliest
opportunity possible.
Thanks again for allowing me to testify here today. I look
forward to working with this legislation and this Committee.
Thank you. I yield back.
Mr. Bost. I want to thank all the Members.
And we will forego any questions for the colleagues at this
time. Any questions may be submitted for the record.
Mr. Bost. Again, thank you all for being here. Thank you.
And you are going to stay.
Okay. I invite the second panel up as soon as the table is
cleared.
So joining us today from the VA is Mr. Matt Sullivan, the
Deputy Under Secretary of Finance and Planning of the National
Cemetery Administration. Mr. Sullivan is accompanied by Dr.
Bryce Carpenter, who is the Program Manager of the National
Cemetery Administration.
We are also joined by Mr. Greg Nembhard, the Assistant
Director of Claims Discharge Upgrades of the Veterans Affairs
and Rehabilitation Division for The American Legion, and Mr.
Carlos Fuentes, the Director of National Legislative Service of
Veterans of Foreign Wars.
Thank you all for being here.
Mr. Sullivan, we will start with you, and you are
recognized for 5 minutes to present the Department's testimony.
STATEMENT OF MATTHEW SULLIVAN
Mr. Sullivan. Thank you, Mr. Chairman.
Mr. Chairman and Members of the Subcommittee, I am pleased
to be here today to provide the views of the Department of
Veterans Affairs on pending legislation affecting VA's
programs.
Accompanying me today is Dr. Bryce Carpenter, representing
the Veterans Legacy Program.
I am especially pleased to note that two of the three bills
being considered today reflect VA proposals contained in the
President's budget for fiscal year 2019.
VA supports the passage of H.R. 6409, the Honoring
Veterans' Families Act, which would amend VA's statutory
authority on headstones and markers to allow us to inscribe a
veteran's government-furnished headstone or marker with
information about that veteran's deceased spouse or eligible
dependent child for use in non-VA cemeteries. This would
include headstones or markers placed in veteran cemeteries
owned by a tribal government or other State, local, or private
cemeteries.
This bill would not change how these headstones and markers
are inscribed in national cemeteries or VA-grant-funded State
veteran cemeteries and would not expand eligibility for a
headstone and marker to spouses and dependents buried outside
of a VA national cemetery. Rather, it would allow VA to
accommodate a family's request to include information about a
veteran's loved one in the inscription on a veteran's
government-furnished headstone or marker.
VA also supports the passage of H.R. 6420, which is similar
to a VA proposal in the President's budget for fiscal year
2019. The bill would provide VA with the authority to establish
a grant program to conduct cemetery research and produce
educational materials under the auspices of the Veterans Legacy
Program, or VLP.
VLP supports NCA's ongoing mission to honor veterans and
their eligible family members with final resting places and
lasting tributes by providing engagement and educational tools
and opportunities for the public to learn about veterans'
service and sacrifice. By engaging educators, students,
researchers, and the public, VLP proudly shares the stories of
those who served and helps individuals understand why national
cemeteries are set aside as national shrines.
The use of grants instead of contracts is a more
appropriate vehicle for VA to obtain educational tools and
services for VLP in the future by allowing VLP to adopt an
award cycle that more closely aligns with the academic calendar
of universities and other learning institutions, which are
expected to be the entities that will produce VLP learning
products.
VLP could also use this vehicle to increase its flexibility
and the size of an award, thus making better use of its
resources to increase the reach of the program beyond large
universities to smaller groups that wish to engage with VA and
enhance the memorialization of veterans.
Dr. Carpenter is here to answer any specific questions you
may have regarding the VLP and the benefit we hope to gain by
use of the grant authority.
Finally, H.R. 4312, the Fallen Warrior Battlefield Cross
Memorial Act, would ensure that VA may not prohibit the display
of the battlefield cross, which VA refers to as the fallen
soldier display, in any national cemetery.
The bill defines the battlefield cross as a memorial
monument in honor of fallen members of the Armed Forces that
may include a replica of an inverted rifle, boots, helmet, and
identification tag.
VA does not support passage of H.R. 4312 in its current
form because it would not allow VA any discretion to establish
standards to manage the display of these monuments in national
cemeteries.
I want to assure the Members of the Committee and our
stakeholders that VA recognizes the significant respect
accorded to this display. And that is why, in December 2017, we
issued a new policy to clarify that national cemeteries may
accept and display the fallen soldier display.
However, the NCA policy includes standards that ensure
these monuments are displayed in a manner that would enhance
the appearance and operations of the national cemeteries. For
example, NCA guidance notes that the fallen soldier display may
be a three-dimensional replica or a two-dimensional image
engraved on a stone. The guidance also includes specifications
regarding size and construction materials. These requirements
ensure a consistency in appearance, durability of the monument,
and ease of maintenance.
The VA notes that this additional guidance is lacking in
H.R. 4312, which may raise questions as to VA's ability to
apply such design standards. We welcome the opportunity to work
with the Committee staff to address these issues should the
bill move forward.
This concludes my statement, Mr. Chairman. I would be happy
to answer any questions you or the Members of the Subcommittee
may have. Thank you.
[The prepared statement of Matthew Sullivan appears in the
Appendix]
Mr. Bost. Okay. Thank you.
Mr. Fuentes, you are recognized for 5 minutes.
STATEMENT OF CARLOS FUENTES
Mr. Fuentes. Chairman Bost, Ranking Member Esty, and
Members of the Subcommittee, on behalf of the VFW and our
auxiliary, thank you for the opportunity to present our views
on legislation pending before the Subcommittee.
The VFW supports the Fallen Warriors Battlefield Cross
Memorial Act.
Last year, members of VFW Post 3345 in Strongsville, Ohio,
erected a battlefield cross by the Ohio Western Reserve
National Cemeteries Chapel as a sign of respect for their
fallen comrades buried at that cemetery. There were in dismay
when the director wrongfully removed the memorial because it
depicted violence.
The battlefield cross has a special significance to the VFW
and its members, all of whom who have deployed into harm's way
in a foreign land. It is used to honor and remember our
brothers and sisters who have made the ultimate sacrifice.
The VFW is glad VA reversed the director's decision and
issued a notice to all national cemetery directors that makes
clear VA's policy to allow the display of the battlefield cross
at any VA national cemetery.
The VFW supports the Honoring Veterans' Families Act, which
would ensure VA is able to properly recognize surviving spouses
and dependents of our Nation's veterans. Current law does not
permit VA to replace a veteran's government-furnished headstone
to inscribe the name of the deceased veteran's spouse or
dependent who is interred with the veteran.
The VFW is also glad this bill would establish a
retroactive effective date. The VFW would, however, recommend
that the Subcommittee make November 11, 1998, the effective
date to align it with a recently enacted law to fix a
discrepancy in eligibility for headstones between spouses and
children.
The VFW also supports H.R. 6420, which would support and
enhance the VA Veterans Legacy Program. Perpetuating the memory
and the history of our dead is one of the VFW's founding
principles. That is why, this past Memorial Day, 2,300 VFW
posts throughout the country partnered with Ace Hardware to
mark and honor veterans' graves with 1 million American flags.
The Veterans Legacy Program ensures that the memory and
stories of the brave men and women who have worn our Nation's
uniforms are preserved and shared. The VFW is a strong
supporter of this program and has worked with the National
Cemetery Administration to improve and expand it.
Mr. Chairman, this concludes my remarks. I am happy to
answer any questions you and the Members may have.
[The prepared statement of Carlos Fuentes appears in the
Appendix]
Mr. Bost. Thank you, Mr. Fuentes.
Mr. Nembhard, are you ready for 5 minutes? Please.
STATEMENT OF GREG NEMBHARD
Mr. Nembhard. The American Legion believes it is a priority
to ensure the men and women who selflessly served our Nation
receive the benefits they have earned for serving in the U.S.
Armed Forces. We believe the government has a sacred obligation
to establish the most respectful interment for our fallen
heroes.
The American Legion remains committed to working with this
critical committee and the National Cemetery Administration
regarding veteran interment to adequately provide veterans and
their family members the honorable burials they deserve.
Chairman Bost, Ranking Member Esty, distinguished Members
of the Subcommittee on Disability Assistance and Memorial
Affairs, on behalf of our national commander, Brett Reistad,
and the 2 million members of The American Legion, I thank you
for the opportunity to testify regarding pending legislation
before you.
H.R. 4312, H.R. 6409, and H.R. 6420 are all commonsense
solutions, and The American Legion is thankful for your
leadership in bringing these forward. These three bills simply
protect the honorable burials, the family members, and the
benefits earned by those who have raised their right hand and
taken the oath to defend the U.S. Constitution from all
enemies, foreign and domestic.
H.R. 4312, the Fallen Warrior Battlefield Cross Memorial
Act, would ensure the Secretary of Veterans Affairs permits the
display of battlefield crosses in all national cemeteries. The
American Legion seeks to protect these sacred symbols and
supports legislation preventing the removal of battlefield
crosses in national cemeteries. This legislation ensures the
preservation of these important and meaningful memorials.
The American Legion, through Resolution No. 11, supports
and defends veterans and military memorials bearing symbols
and/or words historically associated with religious expression.
Further, we support such veterans' memorials whether they are
on private land or land owned by the Federal, State, or local
governments.
Secondly, H.R. 6409, the Honoring Veterans' Families Act,
would authorize the Secretary to provide inscriptions for
spouses and children on certain headstones and markers
furnished by the Department of Veterans Affairs.
The American Legion strives to ensure veterans and their
family members receive the support and recognition they
deserve. However, current law does not allow the VA to add
information about spouses and/or children to the gravestone or
marker of a veteran buried with a government-furnished
headstone or marker in a non-VA cemetery. This practical
legislation ensures these family members receive the same honor
customarily practiced in modern society.
Through American Legion Resolution 377, we happily support
H.R. 6409.
Finally, H.R. 6420 would permit the Secretary to establish
a grant program to conduct cemetery research and produce
educational materials for the Veterans Legacy Program.
In 2017, the NCA established the Veterans Legacy Program, a
grant-based partnership between NCA and academic institutions
to conduct research on the lives of veterans interred in NCA
cemeteries. The research illuminates the life of those buried
in NCA cemeteries, honoring their contributions to the country
and to their communities. VLP makes information available to
the public through informative materials such as interactive
maps to educate visitors.
The American Legion supports the Veterans Legacy Program.
H.R. 6420 will permit cemetery research and educational
materials production as well as identification of eligible
recipients, such as institutions of hiring learning, local
agencies, nonprofit organizations, and other eligible
recipients as determined by the VA Secretary.
Through American Legion Resolution No. 377, we support
legislation aimed at ensuring the stories of veterans are never
forgotten, and the Veterans Legacy Program is a great step
forward in that initiative.
In closing, The American Legion believes in commonsense
solutions that help our veterans. By the actions of this
Committee, we can also see that you feel the same way.
Thank you again, Chairman Bost, Ranking Member Esty, and
distinguished Members of this Committee. I appreciate the
opportunity to present The American Legion's views and look
forward to any questions that you may have.
[The prepared statement of Greg Nembhard appears in the
Appendix]
Mr. Bost. Thank you.
And thank all the witnesses for being here.
In the interest of time, I am going to keep everyone,
including myself, to no more than 5 minutes for questioning.
So I will start off. My first question is for Mr. Sullivan.
Can you please explain why the battlefield cross was
removed from Ohio Western Reserve National Cemetery in the
first place?
Oh, did you need to make an opening statement? Okay. We are
fine. Okay.
So, Mr. Sullivan, did you get the question? I am sorry.
Mr. Sullivan. Yes, sir.
Mr. Bost. All right.
Mr. Sullivan. Thank you for the question, Mr. Chairman.
To facilitate a reflective and peaceful atmosphere for
visitors at our national cemeteries, NCA has had a longstanding
policy to restrict acceptance of donations of memorials that
are actual military equipment or implements of war or memorials
that feature actual or depictions of ordnance.
Based upon the character and the nature of a fallen soldier
display--it can take multiple forms--there can be
inconsistencies among cemetery directors, when they receive
these donation proposals and apply our standards, could have
some inconsistency in making those decisions. So for those
reasons, I think there was some confusion in the application of
our policy on acceptance of these type of displays. And that is
why, in December of 2017, we issued the clarification on the
policy to provide more consistency in making those decisions.
Mr. Bost. Okay.
Then a follow-up question from me is specifically this:
Without a law, how do we guarantee that a future director,
future Secretary would not change it and go back and say, okay,
no, we don't want those displays anymore?
Mr. Sullivan. Thank you for the question.
In our current policy, we do not prohibit the acceptance of
these donations. We simply provide some guidance and standards
around the types of donations that we would accept as fallen
soldier displays.
So there is nothing in the future that, you know, could
prohibit or stop us from changing policy, but our policy is
that we will accept these displays. We make certain guidelines
about the acceptance of these displays so that we have the
uniform appearance, that they accentuate the visitor
experience, the appearance, and the operations of our
cemeteries. And they are not meant to be restrictive; they are
meant to accentuate, again, our mission and the visitor
experience.
Mr. Bost. And I believe that is your intent. The concern I
have--and this is just a statement--is that in the future--and
that is why we are here, is to make sure that doesn't happen
again. But, you know, I am looking forward to working with you
and the sponsor and trying to figure out a way where we get
some clear definition but it is set in law so that we can have
the answers for that.
And I need to do a second question. It is vitally important
here. This is regarding H.R. 6409. Can you explain why the VA
has recommended the effective date for that, 6409, be January
1, 2014, and where you came up with that date?
Mr. Sullivan. Yes. Thank you for the question.
Mr. Chairman, we believe that that is a good date for the
applicability date of that proposed bill because that would
allow recent veterans that have died and their surviving
spouses to apply for the benefit and receive a headstone or
marker that has a spousal inscription.
So, again, if a veteran has recently died, January 1, 2014,
or later, a surviving spouse that has recently died would be
eligible. And most of those surviving spouses, again, based
upon Social Security Administration actuary data and the
lifespan of a female versus a male, that they would be eligible
for this new benefit.
Mr. Bost. What data are you actually relying on?
Mr. Sullivan. The data is the Social Security
Administration data that indicates, in general, women living
approximately 4.75 years longer than men. Given these
assumptions, setting this applicability date retroactively to
those veterans that die January 1, 2014, or later would allow
us to provide replacements that include spousal inscriptions
for those spouses who die in the 5-year period prior to
submission of this proposal.
Mr. Bost. And my time is almost up. The only concern I have
there is spouses are not only just female. They are male,
female, because we have serving male and female. So I just want
to make sure that we have the right information so that we can
move forward in the right away. We don't want to cut anybody
out and say, okay, we made a mistake on the date.
But we look forward to working with that.
With that, my time has expired. And Ms. Esty?
Ms. Esty. Thank you very much. And I will get as far as I
can get, and hopefully we can get our questions asked and
answered.
For Mr. Nembhard, first, congratulations to the Legion on
the 100th anniversary. And we particularly appreciate that you
made the time to answer the questions and appear today, knowing
that you have been very busy in the last few weeks. So, again,
congratulations and thank you.
One of the questions that I think we had--and, again, it is
going back to the battlefield cross--is, should there be other
symbols? Because I assume that is part of the question, is,
what are the standards we establish for symbols? And in the
view of the Legion--and, Mr. Fuentes, I will ask you that as
well--are there other ones that have come into common usage?
I certainly know, in my own district, we are certainly
seeing the fallen warrior battlefield cross. But are there
others that you are aware of that we should kind of have on our
radar and begin to think about?
And that goes to Mr. Sullivan's point somewhat about
standards, is thinking about how do we be as inclusive as
possible and yet maintain the dignity, sacredness, and some
consistency and continuity.
Mr. Nembhard. Thank you for that question, Ranking Member
Esty.
As you know, the tradition of the battlefield cross,
inverting the rifle, goes back to the Revolutionary War. It was
a crude way of marking the spot of a fallen soldier. It remains
today a patriotic symbol, a tribute to our servicemembers who
have been killed in action.
I am not aware currently of any other symbols, but if I
should become of one, we look forward to bringing that up later
on.
Mr. Fuentes. Yes, ma'am, there's been a number of issues
with whether there are some memorials that are donated that
meet the standards laid out by NCA. But that was actually one
of our concerns with the bill. You know, is there going to be a
litmus test to determine what else we are going to be adding?
Are we setting a standard where we are going to just have to
keep adding different types of memorials and specific types of
donations?
Ultimately, the VFW would support a more broad authority or
requirement that VA accept something that is, you know,
acceptable that wouldn't really, you know, tarnish the image of
a national cemetery.
Ms. Esty. Again, I think we want to work with the VA and
accomplish what I think we all are here to do, which is to
accomplish the wishes of veterans and their families, to
recognize the service and sacrifice.
But I think the points you raised, Mr. Sullivan, about
three-dimensional versus two-dimensional, appropriate
placement, are ones that we are certainly open on the
Committee, I think, to working with you to get full support by
everyone to move forward.
We have had testimony, Mr. Sullivan, about trying to
understand why--is it a financial issue not to go further back?
And there was an equity issue that was mentioned about going
further back, 1998. Why should we not go further back to
incorporate spouses and children? Because, certainly, that
Social Security data would establish whether that, in fact, was
true at the time or not.
So, again, we are trying to get a handle on, is this a
financial decision? Is this a decision made about replacement
of a certain number of headstones? Please illuminate that a
little bit.
Mr. Sullivan. Okay. Thank you for the question, Ranking
Member Esty.
There is definitely a financial implication in terms of the
bill. By going back, setting an applicability date back to
1998, that would definitely increase the cost associated with
the proposal.
Right now, we are--we did estimate cost by looking at the
annual workload in terms of how many headstones or markers we
issue in a given year and by taking certain subsets of the
eligible population, such as looking at only the subset where
the headstone or marker is issued for placement in a non-VA
cemetery, like a local or private cemetery in which this bill
destines these types of headstones and markers to be placed--we
kind of carved that piece out. And then we further took another
subset of those issued to veterans where they had surviving
spouses. And then we estimated, based upon program subject
matter expertise, what the utilization rate would be.
So, if we took the applicability date back to 1998, that
would definitely increase the cost associated with the bill,
and we are very conscious of that cost.
Ms. Esty. Thank you.
And I see my time has expired.
Mr. Bost. Thank you.
Mr. Bergman, you are recognized for 5 minutes.
Mr. Bergman. Well, first of all, thanks for the hearing,
Chairman.
And thank you for all of you to be here. I am really not
going to ask you any questions, from the standpoint of I know
we are all here in this room for the right reason, and that is
to appropriately honor our veterans and their families over a
long period of time.
Because I can tell you, one of the beauties of Arlington--
and these are in the words of my at that time 14-year-old
grandsons as we walked there on a November day in 2015. What
they saw was a very solemn place which had the grave sites of
our men and women, to include a former President and others and
leaders of our country, who, when you come there, you see what
we are and who we are as a country. We guard our memories
carefully, and we have to do it in such a way that it is
respectful over centuries.
And I thank you for being pragmatic. I thank you for, if
you will, looking forward, that what makes sense to still
continue to honor our veterans.
So I will just leave it at that and just say we are
partners in this together, and if there is some reason that we
have to come together here to make a decision, we will, because
we honor that service.
Thank you.
Mr. Bost. Thank you.
Mr. Lamb?
Mr. Lamb. Gentlemen, I don't have any questions either. I
just want to thank you for coming today and for supporting the
legislation and giving us the information that you have. It
really helps us.
And, Mr. Chairman, I yield back. Thank you.
Mr. Bost. Okay.
If there are no further questions for our second panel, I
will recognize Ms. Esty to close.
Ms. Esty. Again, I want to thank the Chairman, my fellow
Subcommittee Members, to all of you here today, for helping us
do right by those who have given their lives in service to
their country.
And, again, as General Bergman noted, it is a
multigenerational commitment. Our national cemeteries and our
State cemeteries are truly an important part of this country's
heritage, a learning opportunity for young and old and those
older about the service and sacrifice that has been built this
Nation.
So, again, I want to thank all of you and encourage you to
reach out with suggestions as to how we can improve the
legislation in front of us today.
And, again, want to commend Mr. Lamb and our other
colleagues for bringing forward these commonsense ideas that
can improve the lives of Americans and improve the history of
this country and recognize the service and sacrifice.
Thank you, Mr. Chairman.
Mr. Bost. Thank you to everyone for joining us today and
for sharing your views with the Subcommittee. Your testimony
provides us with important insights into the proposals as we
move forward through this legislative process.
I ask unanimous consent that DAV's written statement for
the record be included in the hearing record.
Without objection, so ordered.
Mr. Bost. I also ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and
include extraneous material on any of the bills under
consideration this afternoon.
And, without objection, so ordered.
Mr. Bost. This hearing is now adjourned.
[Whereupon, at 2:30 p.m., the Subcommittee was adjourned.]
A P P E N D I X
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Prepared Statement of Matt Sullivan
Mr. Chairman and Members of the Subcommittee, I am pleased to be
here today to provide the views of the Department of Veterans Affairs
(VA) on pending legislation affecting VA's programs. Accompanying me
today is Bryce Carpenter, Educational Outreach Program Officer,
National Cemetery Administration (NCA).
H.R. 6409
H.R. 6409, the ``Honoring Veterans' Families Act,'' would amend 38
United
States Code (U.S.C.) Section 2306 to allow VA to provide
inscriptions regarding a deceased spouse or eligible dependent child on
a Veteran's Government furnished headstone or marker. If feasible and
upon request, VA would be authorized to inscribe information regarding
a spouse or eligible dependent child who has predeceased the Veteran on
the Veteran's Government furnished headstone or marker destined for
placement in a non-VA cemetery at the time of the Veteran's death. VA
would also be authorized to replace, if feasible and upon request, a
previously-furnished headstone or marker for a Veteran buried in a non-
VA cemetery to inscribe information about the Veteran's spouse or
eligible dependent child following the death of the spouse or child.
The bill would define ``non-VA cemetery'' as a Veterans' cemetery owned
by a State, or a State, local, tribal, or private cemetery. The
provisions of the bill would be effective for deaths on or after
January 1, 2014.
This legislation is consistent with a VA proposal in the
President's Budget for fiscal year (FY) 2019; VA supports H.R. 6409,
provided Congress can identify corresponding funding offsets.
In recent years, VA has received an ongoing and steady interest by
families to have information about a Veteran's loved one, beyond just
general terms of endearment referring to a spouse, inscribed on the
Government-furnished headstone or marker. These headstones or markers
would mark the gravesites of Veterans who are eligible for burial in a
National cemetery, but not buried there, including gravesites in
private and local government cemeteries as well as VA grant-funded
Veterans cemeteries.
The bill would not expand eligibility for the headstone and marker
benefit to spouses and dependents buried outside of a VA National
cemetery (who, under current statutory authority in 38 U.S.C.
2306 are not eligible for a headstone or marker of their own in local,
private, or VA-funded tribal cemeteries). Rather, the bill will allow
VA to inscribe information about a deceased spouse or dependent child
on a Veteran's headstone or marker at the time of the Veteran's death.
The information would be included either when the Veteran's headstone
or marker is requested (if the spouse or dependent child has pre-
deceased the Veteran) or on a replacement headstone or marker (if the
spouse or dependent child dies after the Veteran). Replacement is the
most cost-efficient way to provide this additional inscription, as VA
does not have resources to add inscriptions to pre-set headstones in
cemeteries outside the national cemetery system.
VA estimates that this bill will result in costs to the mandatory
Compensation and Pension appropriation of approximately $1.1 million in
2019, $4.7 million over 5 years, and $8.9 million over 10 years. By
making this benefit available for deaths on and after January 1, 2014,
the bill will allow VA to process requests to provide a replacement
headstone or marker to add information about recently-deceased spouses
and dependent children (in cases where the spouse or child has recently
died after the Veteran and the Government has already furnished the
Veteran's headstone or marker).
H.R. 6420
H.R. 6420 would provide VA with the authority to establish a grant
program to conduct cemetery research and produce educational materials
under the auspices of the Veterans Legacy Program (VLP). VLP supports
the ongoing mission of the National Cemetery Administration to honor
Veterans and their eligible family members with final resting places
and with lasting tributes by providing engagement and educational tools
and opportunities for the public to learn about Veterans' service and
sacrifice. By engaging educators, students, researchers, and the
public, VLP proudly shares the stories of all those who served to help
build an appreciation of what earlier generations have given to the
Nation, and to help individuals understand why national cemeteries are
set aside as national shrines.
VA supports H.R. 6420, which is similar to a proposal in the
President's Budget for FY 2019. VLP seeks to continually develop
learning products to ensure educational opportunities to commemorate
Veterans' service and sacrifice to our Nation are available to
educators, students, researchers, and the public. To date, VA, working
through the VLP, has awarded 12 separate contracts to conduct cemetery
research and produce VLP educational material for use in elementary and
high schools and the public to promote community engagement with
Veterans' history. These contracts were awarded to procure a framework
of digital and non-digital tools based on research that focused on
Veterans interred at national cemeteries. In addition to developing
biographies of Veterans, which are available on-line (including video
presentations on YouTube), lesson plans and walking tours have been
developed that can be employed without digital media/computers, so that
teachers can print out a lesson plan and its accompanying resources to
use with all students in the classroom, or on-site at the national
cemetery. VLP has produced over 119 Veteran biographies, 10 documentary
films about Veterans, and 6 Veterans cemetery walking tours, all based
on research conducted on-site in VA national cemeteries by students.
Under the contracts issued to date, VLP will have engaged almost 9,000
students from kindergarten through high school, over 300 teachers and
200 undergraduate students, nearly 40 graduate students, and over 50
scholars.
The use of grants instead of contracts would be a more appropriate
vehicle for VA to obtain educational tools and services for VLP in the
future. In particular, the use of grants would allow VLP to adopt an
awards cycle that more closely aligns with the academic calendar of
universities and other learning institutions, which are largely
expected to be the entities to produce VLP learning products. VLP could
also use this vehicle to increase its flexibility in the size of an
award, thus making better use of its resources to increase the reach of
the program beyond large universities to smaller groups that wish to
engage with VA in enhancing the memorialization of Veterans.
This bill would incur no additional cost to VA, as funds are
already allocated for VLP. Grants authorized by this bill would be an
additional tool, beyond contracts, for the appropriate disbursement of
existing allocated funds for VLP.
H.R. 4312
H.R. 4312, the ``Fallen Warrior Battlefield Cross Memorial Act,''
would ensure that VA may not prohibit the display of the ``Battlefield
Cross'' in any national cemetery. The bill defines the ``Battlefield
Cross'' as a ``memorial monument in honor of fallen members of the
Armed Forces that may include a replica of an inverted rifle, boots,
helmets, and identification tag.''
VA does not support passage of H.R. 4312 in its current form
because it would not allow VA any discretion to establish standards for
the display of these monuments, which VA refers to as ``fallen soldier
displays.'' VA has an existing policy that includes standards, such as
those related to size and construction materials, that allow these
monuments to be displayed in a manner that would enhance the appearance
and operation of the national cemeteries. These standards may be
rendered unenforceable under this bill as currently drafted.
To facilitate a reflective and peaceful atmosphere for visitors,
NCA has a long-standing policy prohibiting acceptance of donations of
military equipment or implements of war in its national cemeteries.
Similarly, NCA guidelines restricted acceptance of memorials featuring
actual or realistic replicas of ordnance. However, in recent years, VA
has noted an increased interest in donations of the fallen soldier
display to several national cemeteries. Review and acceptance of these
donation offers was inconsistent across cemeteries, based on varying
interpretations of the policies. Upon review, NCA determined that the
familiarity of the fallen soldier display and its particular use of a
rifle was sufficient to warrant an exception from the established
policy, with some additional guidelines regarding size and construction
of the monument. For example, NCA guidance notes that the fallen
soldier display may be a three-dimensional replica or it may be an
engraved image on a stone. The guidance also includes specifications
regarding size and construction materials. These requirements ensure a
consistency in appearance, durability of the monument, and ease of
maintenance for cemetery personnel. VA notes that this additional
guidance is lacking in H.R. 4312, which may raise questions as to VA's
ability to apply such design standards. We welcome the opportunity to
work with committee staff to address these issues, should the bill move
forward.
VA estimates that VA would not incur any significant additional
cost if H.R. 4312 were enacted because VA already has statutory
authority to accept donations of monuments to VA. Maintenance for
donated memorials is part of VA's overall operational expenses for the
national cemeteries.
This concludes my statement, Mr. Chairman. We would be happy now to
entertain any questions you or the other Members of the Subcommittee
may have.
Prepared Statement of Carlos Fuentes
Chairman Bost, Ranking Member Esty, and members of the
Subcommittee, on behalf of the men and women of the Veterans of Foreign
Wars of the United States (VFW) and its Auxiliary, thank you for the
opportunity to provide our remarks on legislation pending before the
Subcommittee.
H.R. 4312, Fallen Warrior Battlefield Cross Memorial Act
The VFW supports this bill, which would prevent the Department of
Veterans Affairs (VA) from prohibiting the display of a battlefield
cross in a VA national cemetery.
This past year, VFW members from VFW Post 3345 in Strongsville,
Ohio, erected a battlefield cross by the Ohio Western Reserve National
Cemetery's chapel as a sign of respect for their fallen comrades buried
at the cemetery. They were in dismay when the then director wrongly
removed the memorial because it depicted violence. To VFW members, all
of whom have deployed into harms way in a foreign land, the battlefield
cross has a special significance. It is used to honor and remember our
brothers and sisters who have made the ultimate sacrifice.
The VFW is glad VA reversed the Ohio Western Reserve National
Cemetery director's decision and issued a notice to all national
cemetery directors entitled ``Acceptance of Donations Featuring the
Fallen Solider Display,'' which makes clear VA's policy to allow the
display of the battlefield cross at any VA national cemetery. VFW Post
3345 members report that the Ohio Western Reserve National Cemetery
instance was resolved within three days and has not reoccurred. For
that reason, the VFW does not believe this legislation is needed, but
agrees with the intent of ensuring veterans can continue to honor their
loved ones.
H.R. 6409, Honoring Veteran's Families
The VFW supports this legislation, which would authorize VA to
properly recognize the surviving spouse and dependents of our nation's
veterans, and has two recommendations to improve it.
Current law does not permit VA to replace a veteran's government-
furnished headstone to inscribe the deceased veteran's surviving spouse
or dependent who is interred with the veteran. This bill would
authorize VA to replace a veteran's headstone to ensure it rightfully
honors the spouse or dependent that is laid to rest with the veteran.
It would also authorize VA to replace a headstone that has been
used to mark the grave of a spouse or dependent that precedes the
veteran. However, the bill does not specifically authorize VA to
replace a private marker for the spouse or dependent, or provide a
government-furnished headstone to a spouse or dependent who precedes
the veteran. To prevent veterans from bearing the cost of a private
headstone to honor the veteran's spouse or dependent, whom the veteran
plans to join in interment, the VFW urges the Subcommittee to authorize
VA to provide government-furnished headstones to such individuals.
Currently, VA lacks the authority to furnish a headstone for an
eligible spouse or dependent who precedes an eligible veteran in death
and is interred in a private or tribal cemetery.
Regardless, this bill must be amended to specifically authorize VA
to replace a spouse's or dependent's private headstone with a
government-furnished headstone. Without such authority, veterans who
wish to be interred with their loved ones who preceded them may be
afforded the opportunity to obtain government-furnished headstones,
which have become identifying symbols to mark the final resting places
of our nation's heroes.
The VFW is also glad this bill would establish a retroactive
effective date to authorize VA to properly recognize a spouse or
dependent who is already interred with an eligible veteran, but lacks
the proper recognition on the veteran's headstone. The VFW would,
however, recommend that the Subcommittee amend this bill to align the
effective date with Public Law 115-136, which corrected the disparity
of eligibility for headstones between spouses and dependents. It
authorized VA to provide headstones for certain spouses and dependents
who die on or after November 11, 1998. The VFW urges the Subcommittee
to establish the same effective date for this authority.
H.R. 6420, to establish a grant program to conduct cemetery research
and produce educational materials for the Veterans Legacy Program
The VFW supports this bill, which would support and enhance the VA
Veterans Legacy Program.
Perpetuating the memory and history of our dead is one of the VFW's
founding principles. That is why the VFW has collaborated with Ace
Hardware to honor veterans by giving out 1 million American-made flags
nationwide. This past Memorial Day, 2,300 VFW posts throughout the
country used the donated flags to mark and honor veteran's graves.
The Veterans Legacy Program ensures the memories and stories of the
brave men and women who have worn our nation's uniform are preserved in
perpetuity. While it is still being fully developed, the program
provides an avenue for students, descendants, friends, and fellow
veterans to learn about the contributions veterans who are interred at
VA national cemeteries made to their communities and the country. The
VFW is a strong supporter of this program and has worked with the
National Cemetery Administration to improve and expand it.
This bill would establish a grant to help VA conduct research and
produce educational materials for the program, which are the most
labor-intensive and often difficult parts of the program. The VFW
believes that such a grant would expedite the research process and
ensure this important program is expanded to all VA national cemeteries
as soon as possible.
Mr. Chairman, this concludes my testimony. I am prepared to take
any questions you or the Subcommittee members may have.
Prepared Statement of Greg Nembhard
Chairman Bost, Ranking Member Esty and distinguished members of the
Subcommittee on Disability Assistnce and Memorial Affairs (DAMA); on
behalf of National Commander Brett Reistad and the 2 million members of
The American Legion, serving every man and woman who has worn a uniform
for this country, thank you for the opportunity to testify on the
following pending legislation. Established in 1919, and as the largest
patriotic service organization in the United States with a myriad of
programs supporting veterans, The American Legion appreciates the
Committee focusing on these critical issues that will affect veterans
and their family members.
A sacred obligation of the government is to establish the most
respectful interment for our fallen heroes. One of the priorities of
The American Legion is to ensure the men and women who selflessly
served our nation receive the benefits they earned for serving in the
U.S. Armed Forces. The American Legion recognizes the commitment to
excellence displayed daily by the men and women of the National
Cemetery Administration (NCA). The American Legion remains committed to
working with the NCA regarding veteran interment to adequately provide
veterans and their family members the honorable burials they deserve.
H.R. 4312 - Fallen Warrior Battlefield Cross Memorial Act
To amend title 38, United States Code, to ensure the Secretary of
Veterans Affairs permits the display of Battlefield Crosses in national
cemeteries.
The Fallen Warrior Battlefield Cross Memorial consists of a helmet,
inverted rifle, boots, and identification tags (dog tags) draped from
the rifle, in honor and remembrance of those who died on the field of
battle while protecting our nation's freedoms. A United States Army
field manual describes a battlefield cross, also known as a Fallen
Soldier Display, as a helmet and identification tags to signify the
dead soldier; an inverted rifle with a bayonet to signal a time for
prayer; a break in the action to pay tribute to a comrade; and combat
boots to represent the final march of the last battle. \1\
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\1\ A Soldier's Guide - Field Manual (FM) 7-21.13
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Current law authorizes national and state cemeteries to display the
Fallen Warrior Battlefield Cross, however, recent guidance from the
Department of Veterans Affairs (VA) and NCA led to the removal of
memorial monuments featuring actual or realistic replicas of weaponry,
resulting in the removal of battlefield cross memorials in numerous
national cemeteries. \2\
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\2\ Incident News Article
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In October 2017, at Ohio's Western Reserve National Cemetery, a
battlefield cross was removed by cemetery officials. NCA removed the
memorial because it violated their policy regarding monuments depicting
weaponry. While the cemetery ultimately decided to restore the cross,
this incident demonstrated the need for a law to protect these
memorials. In response to, and to guarantee a similar incident does not
occur, H.R. 4312 ensures the VA Secretary will allow the display of
battlefield crosses in national cemeteries.
The Fallen Warrior Battlefield Cross is a patriotic tribute to
servicemembers who were killed in action. The American Legion seeks to
protect these sacred symbols and supports legislation preventing the
removal of battlefield crosses in national cemeteries. H.R. 4312, The
Fallen Warrior Battlefield Cross Memorial Act, will guarantee NCA
officials recognize and authorize memorial crosses as tributes to our
nation's servicemembers who were killed in action.
Through American Legion Resolution No. 11, Support and Defend
Veterans and Military Memorials, \3\ we support and defend veteran and
military memorials bearing symbols and/or words which may be alleged to
be historically associated with religious expression, including, but
not limited to crosses, stars of David, crescents, and the word
``God.'' The American Legion supports such veterans' monuments whether
they are on private land or land owned by federal, state or local
governments.
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\3\ The American Legion Resolution No. 11 (2016): Support and
Defend Veterans and Military Memorials
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The American Legion supports H.R. 4312.
H.R. 6409 - Honoring Veterans' Families Act
To amend title 38, United States Code, to authorize the Secretary
of Veterans
Affairs to provide inscriptions for spouses and children on certain
headstones and markers furnished by the Secretary.
Under current law, veterans who are honorably discharged from
military service are authorized a government-issued headstone or marker
in an NCA cemetery or a privately-owned cemetery. Further, veteran's
spouses and eligible children buried in an NCA cemetery can receive a
headstone or marker. However, current law does not allow the VA to add
information about spouses and/or children to the gravestone or marker
of a veteran buried with a government-furnished headstone or marker in
a non-VA cemetery.
The American Legion strives to ensure veterans and their family
members receive the support and recognition they deserve. Including
family information on a headstone or marker is a standard custom in
society, and the families of veterans should not be any different. H.R.
6409, The Honoring Veteran Families Act, will alter current law by
allowing, if feasible and upon request, the VA to make inscriptions on
a veteran's headstone or marker regarding their spouse and/or children.
It would also allow the VA to replace a veteran's headstone or marker
to add such an inscription if the veteran predeceased their spouse and/
or dependent child and already has a government-issued headstone or
marker.
Through American Legion Resolution No. 377: Support for Veterans
Quality of Life, \4\ we support authorizing the Secretary of VA to add
an inscription to a government-issued headstone or marker for a
veteran's eligible spouse and/or children buried in all cemeteries with
the veteran. This common-sense bill would allow the VA Secretary to
provide, if feasible and upon request, these inscriptions for
individuals who died on or after January 1, 2014.
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\4\ The American Legion Resolution No. 377 (2016): Support for
Veteran Quality of Life
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The American Legion supports H.R. 6409.
H.R. 6420 - To permit the Secretary of Veterans Affairs to
establish a grant program to conduct cemetery research and produce
educational materials for the Veterans Legacy Program.
To permit the Secretary of Veterans Affairs to establish a grant
program to conduct cemetery research and produce educational materials
for the Veterans Legacy Program.
In 2017, the NCA established the Veteran Legacy Program (VLP), a
grant-based partnership between NCA and academic institutions to
conduct research on the lives of veterans interred in NCA cemeteries.
The research illuminates how those buried in NCA cemeteries contributed
to their country as servicemembers and to their community as veterans.
VLP makes information available to the public through informative
materials such as interactive maps to educate the visitors. \5\
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\5\ Veteran Legacy Program
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There is currently no law that authorizes a grant program to
conduct cemetery research. H.R. 6420 will permit cemetery research and
educational materials production, as well as identification of eligible
recipients including institutions of higher learning, local agencies,
non-profit organizations, and other eligible recipients as determined
by the VA secretary. The legislation will also permit the establishment
of appropriate utilization of funds for research and educational
material to promote community engagement for Fiscal Year (FY) 2019
under grant authority. The American Legion supports memorializing those
who served our great nation.
Through American Legion Resolution No. 377: Support for Veterans
Quality of Life, \6\ we support the Secretary of the Department of
Veterans Affairs in establishing a grant program to conduct cemetery
research and produce educational materials for the Veteran Legacy
Program. The American Legion urges Congress and the VA to enact
legislation and programs within the VA that will enhance, promote,
restore or preserve benefits for veterans and their dependents,
including final resting places in national shrines and with lasting
tributes that commemorates their service.
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\6\ The American Legion Resolution No. 377 (2016): Support for
Veteran Quality of Life
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The American Legion supports H.R. 6420.
CONCLUSION
Chairman Bost, Ranking Member Esty, and distinguished members of
this veteran-centric committee, The American Legion thanks you for the
opportunity to elucidate the position of the 2 million veteran members
of this organization.
Ensuring those who have selflessly raised their right hand in
defense of this nation receive the honorable and respectful final
resting place they deserve is a priority of The American Legion, and by
action of this Committee, we can see that it is for you as well.
For additional information regarding this testimony, please contact
Ms. Lindsay Dearing, Legislative Associate in The American Legion's
Legislative Division at (202) 861-2700 or [email protected].
Statements For The Record
DISABLED AMERICAN VETERANS
Mr. Chairman and Members of the Subcommittee:
Thank you for inviting DAV (Disabled American Veterans) to testify
at this legislative hearing of the Subcommittee on Disability
Assistance and Memorial Affairs of the House Veterans' Affairs
Committee. As you know, DAV is a non-profit veterans service
organization comprised of more than one million wartime service-
disabled veterans that is dedicated to a single purpose: empowering
veterans to lead high-quality lives with respect and dignity. DAV is
pleased to offer our views on the bills under consideration by the
Subcommittee.
H.R. 4312, the Fallen Warrior Battlefield Cross Memorial Act
H.R. 4312, the Fallen Warrior Battlefield Cross Memorial Act, would
prevent the National Cemetery Administration (NCA) from barring the
display of the Battlefield Cross. The Battlefield Cross is a memorial
used in wartime to honor a fallen service member consisting of a
military helmet, pair of boots, and an inverted rifle with the dog tags
of the fallen hanging from it. Currently, NCA guidelines bar memorials
that depict ``actual or realistic replicas of ordnance''. In October
2017, a similar monument was removed from a National Cemetery in Ohio
but was replaced after the VA determined that its policy was
misinterpreted.
DAV does not have a resolution that addresses this issue and takes
no position on this bill.
H.R. 6420, to permit the Secretary of Veterans Affairs to establish
a grant program to conduct cemetery research and produce educational
materials for the Veterans Legacy Program.
H.R. 6420 would permit the Secretary to establish a grant program
with institutions of higher learning to conduct cemetery research and
produce educational materials for the Veterans Legacy Program (VLP).
The VLP is NCA's educational outreach initiative whose mission is to
memorialize our nation's veterans through sharing their personal
stories and military history. The NCA partners with universities,
schools, teachers, professors, and students at all levels to research
veterans interred in NCA cemeteries and learn how they contributed to
their country and their communities.
This bill would streamline the funding process for the VLP by
forgoing the contract process and creating a grant program. Currently,
the NCA sponsors research for the VLP through federal contract, which
has a different purpose than a grant. The government uses grants and
cooperative agreements as a means of assisting researchers in
developing research for the public good, whereas it uses contracts as a
means of procuring a service for the benefit of the government. Grants
are also much more flexible than contracts. Typically in federal
contracts, changes cannot be made to the scope of work or budget,
whereas in grants these changes can usually be made with the
university's approval. Failure to deliver under a federal contract can
have potential legal or financial consequences to all parties at the
University, whereas in the case of a grant, typically a final report
explaining the outcome is sufficient.
While DAV does not have a resolution specific to this program, we
support the intent of the program to remember those who have served and
sacrificed and are laid to rest in our National Cemeteries and
therefore have no objection to its passage.
H.R. 6409, the Honoring Veterans' Families Act
H.R. 6409, the Honoring Veterans Families Act, would allow the
Department of Veterans Affairs to make an inscription on a veteran's
grave regarding their spouse or dependent child if that veteran is
buried in a non-VA cemetery. It would also allow the VA to replace a
veteran's grave marker to add such an inscription if the veteran
predeceased their spouse or dependent child and already has a marker.
Current law does not provide for any inscription honoring spouses or
dependents.
DAV does not have a resolution that pertains to this issue but we
would not oppose its passage.
This concludes my testimony, Mr. Chairman. DAV would be pleased to
respond for the record to any questions from you or Subcommittee
Members concerning our views on these bills.
[all]