Casualty and Mortuary Affairs Operations Center Legislative Tracker October 2011

Document Intent: The purpose of this document is to track legislation affecting casualty operations and Survivors. Point of Contact: IMCOM.SOS@conus.army.mil

10/31/11

Bill

Title

Legislative Text Prohibits eligible dependents for educational assistance as children of members who die in line of duty after 9/10/11, & also eligible as ed. asst. transferees under one or more other VA programs from receiving concurrent payments. Includes within such other programs VA compensation, DIC, or pension based on the death of the childs parent. Bars also concurrent receipt of transferred benefits based on: (1) the service of 2 different parents; and (2) a single event (such as accumulated activeduty services of a parent-veteran).

Impact

S 3447 Post 9/11 Veterans Educational Assistance Improvements Act of 2010

PASSED Became Public Law No: 111-377

CoStatus Sponsors Eligible surviving 35 12/13/10: Passed children of Senate deceased Service 12/16/2010: Passed members will House have to choose 12/28/2010: the Fry Presented to scholarship or President for Post 9/11 GI Bill signature for educational 01/04/2010: Signed benefits and will into Public Law not be allowed concurrent payment of such educational benefits and pension (i.e.VA death pension, DEA benefits, DIC).

Comments Effective Aug. 31, 2011. I have asked OCLL which pension will be not be allowed as concurrent payment, OCLL deferred to G1, G1 deferred to VA as the payor. I am currently waiting for VAs response.

10/31/11

Bill HR 44

Title Guam World War II Loyalty Recognition Act

Legislative Text Payments for death, personal injury, forced labor, forced march and internment to eligible Guam residents and Survivors of residents who died in war.

Impact Eligible WW II Guam residents and their Survivors would need to be identified, contacted and paid various amounts of compensation based on injury or death.

CoStatus Sponsors 40 1/5/2011: Introduced- Referred to the Committee on Natural Resources 1/26/2011: Referred to the Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs

Comments

HR 46

Fallen Heroes Family Act of 2011

To amend the Immigration and Nationality Act to provide for nonimmigrant status for an alien who is the parent or legal guardian of a U.S. citizen child if the child was born abroad and is the child of a deceased member of the Armed Forces of the United States.

Allows for U.S. 0 non-immigrant status for an alien parent or legal guardian of a child of a deceased Service member.

1/5/2011: IntroducedReferred to the House Committee of the Judiciary 1/24/2011: Referred to the Subcommittee on Immigration Policy and Enforcement

10/31/11

Bill HR 115

Title CHAMPVA Childrens Protection Act of 2011

Legislative Text To increase the maximum age for children eligible for medical care under CHAMPVA program from 23 to 26.

Impact

HR 120

Disabled Veterans Surviving Spouses Home Loans Act

To amend title 38, USC, to provide for eligibility for DVA guaranteed housing loans for surviving spouses of deceased (not serviceconnected) veterans that was rated totally disabled for 10 yrs preceding a, or was rated totally disabled no less than 5 yrs from release from AD, or was a former POW who died after 9/30/99. with a totally disabled rating.

CoStatus Sponsors Expands eligibility 5 1/5/2011: of surviving Introduced- Referred children enrolled to the Committee on in full-time ed. Veterans Affairs and incurs an 2/18/2011: Referred injury or illness to the Subcommittee between terms to on Health keep CHAMPVA benefits under certain circumstances from ages 23 to 26. Expands eligibility 10 1/5/2011: Introduced for VA home loan Referred to the guaranty to Committee on surviving spouses Veterans Affairs of veterans rated 2/18/2011: Referred totally disabled at to the Subcommittee the time of death on Economic although Opportunity veterans death is not serviceconnected.

Comments

Intent is to match DIC eligibility to VA home loan guaranty eligibility.

10/31/11

Bill HR 178

Title Military Surviving Spouses Equity Act

Legislative Text To amend Title 10 USC to repeal the requirement for reduction of Survivor annuities under the Survivor Benefit Plan for military surviving spouses to offset the receipt of veterans dependency and indemnity compensation. See HR 178

Impact Allows for Survivors to receive full SBP payments and DIC payments concurrently.

CoStatus Sponsors 154 1/5/2011:IntroducedReferred to House Committee on Armed Services 2/4/2011: Referred to Subcommittee on Military Personnel

Comments Same as S 260 or HR 1979.A major Survivor initiative; no appropriations accompany it. SSIA is in place to address this issue until 2017. Same as HR 178 and HR 1979 see comment. Similar to HR 178 and S 260 see comment

S 260

none

See HR 178

48

HR 1979

None

See HR 178

See HR 178

2/2/2011: Introduced- Referred to Committee on Armed Services 5/25/2011: Introduced Referred to the Committees on Armed Services & Veterans Affairs 6/3/2011: Referred to the Subcommittee on Disability Assist. & Memorial Affairs 6/24/2011: Referred to the Subcommittee on Military Personnel

10/31/11

Bill HR 309

Title Samuel B. Moody Bataan Death March Compensation Act

Legislative Text To provide monetary compensation for certain World War II veterans who survived the Bataan Death March and were held as prisoners of war by the Japanese. Covered individuals include veterans or their nearest surviving relative.

Impact Eligible Armed Forces Service Members or their surviving NOK would need to be identified and compensated $4 for each day of captivity compounded at a 3% annual interest rate.

CoStatus Sponsors 0 1/18/2011: Introduced- Referred to House Committee on Armed Services 2/4/2011: Referred to House Subcommittee on Military Personnel

Comments This bill has been introduced for over a decade and never passed the House. There is no cost estimate available.

HR 493

Military Retiree To forgive certain Survivor Comfort overpayments of Act military retired pay and provide a special effective date for 1st SBP payment for Survivor when an overpayment is forgiven.

Survivors 1st SBP payment date would be affected if the military Service member was overpaid on AD or retirement status and such overpayment was forgiven.

1/26/2011: Introduced- Referred to Committee on Armed Services 2/4/2011: Referred to Subcommittee on Military Personnel

10/31/11

Bill HR 540

Title In Memory Medal for Forgotten Soldiers Act

Legislative Text To direct the Secretary of Defense to issue a medal to honor veterans of the Armed Forces who served in the Vietnam War and died after serving in the war and whose death is determined by Sec. of Defense to be a direct result of that service and whose name is not eligible for placement on the Vietnam Veterans Memorial. Designates Taps as the National Song of Remembrance. At a military funeral or memorial service, or wreath laying, Taps should be sounded by a live solo bugler or trumpeter when such arrangements are possible.

Impact No immediate operational impact for CMAOC since the VA would be tasked to assist per legislative text, but would provide another option of recognizing Soldiers that are ineligible for the Vietnam Veterans Memorial.

CoStatus Sponsors 2 2/8/2011: Introduced- Referred to the Committee on Armed Services 3/3/2011: Referred to the Subcommittee on Military Personnel

Comments

HR 595

To amend title 36 USC to designate the musical piece commonly known as Taps as the National Song of Remembrance, and for other purposes

No operational impact. Taps would officially become the National Song of Remembrance.

13

2/9/2011: Introduced- Referred to the Committee on the Judiciary and the Committee on Veterans Affairs 2/28/2011: Referred to the Subcommittee on the Constitution 3/15/11: Referred to Subcommittee on Disability Assistance and Memorial Affairs

10/31/11

Bill HR 923

Title Veterans Pensions Act of 2011

Legislative Text To amend title 38 USC to exempt reimbursements of expenses related to accident, theft, loss, or casualty loss from determinations of annual income with respect to pensions for surviving spouses and children of veterans, and for other purposes.

Impact Would allow Survivors to not claim reimbursements related to casualty as part of annual income when determining income for death pension.

CoStatus Sponsors 61 3/3/2011: Introduced- Referred to House Committee on Veterans Affairs 4/1/2011: Referred to the Subcommittee on Disability Assistance and Memorial Affairs 7/22/2011: Subcommittee hearings held, forwarded to full committee 1 4/8/2011: IntroducedReferred to the Committee on Veterans Affairs 6/8/2011: Committee hearings held 3/8/2011: Introduced- Referred to the Committee on the Judiciary 3/21/2011: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Comments Identical to S 780.

S 780

Veterans Pensions Protection Act of 2011

See HR 923

See HR 923

Identical to HR 923.

HR 961

Safe Haven for Heroes Act of 2011

To amend title18 USC, prohibition on disrupting military funerals, by striking 60 min. before & after funeral & inserting 5 hrs before, during & ending 5 hrs after.

No effect on 9 CMAOC or SOS operations; however, if passes, may reduce the Family members burden of protests at funerals.

Similar to HR 1591 and S 815

10/31/11

Bill S 390

Title Blue Star/Gold Star Flag Act of 2011

Legislative Text Prohibits a condominium association, cooperative association, or residential real estate management association from adopting/enforcing any policy that would restrict or prevent an association member from displaying a Service Flag on residential property. A bill to amend ch. 21, Title 5 USC, to provide that fathers of permanently disabled or deceased veterans shall be included with the mothers of such veterans as preference eligible for treatment in the civil service.

Impact No effect on CMAOC, allows Survivors or Blue Star Families to display a Service Flag at their residence.

CoStatus Sponsors 5 2/17/2011: Introduced- Referred to Committee on Banking, Housing and Urban Affairs.

Comments

S 514

Gold Star Fathers Act of 2011

Surviving fathers 5 would receive the same preference eligible status as surviving spouses and mothers when applying for civil service employment.

3/8/2011: Introduced- Referred to the Committee on Homeland Security and Government Affairs 5/9/2011: Referred to the Subcommittee on Oversight of Government Management

10/31/11

Bill HR 1003

Title none

Legislative Text To amend title10 authorize spaceavailable travel on military aircraft for reserve members, former members of a reserve component, and unremarried surviving spouses and dependents of such members and former members. See HR 1003

Impact

CoStatus Sponsors Would allow 1 3/10/2011: reserve Introduced- Referred component, to the Committee on unremarried Armed Services surviving spouses 3/18/2011: Referred space-a travel to the Subcommittee and dependents on Military Personnel accompanying a surviving spouse space-a travel.

Comments Similar to S 542.

S 542

HR 1046

National Guard, Reserve, Gray Area Retiree, and Surviving Spouses Spaceavailable Travel Equity Act of 2011 Honor the Written Intent of our Soldier Heroes (WISH) Act

See HR 1003

3/10/2011: Introduced- Referred to the Committee on Armed Services

Similar to HR 1003.

To amend title 10 USC to authorize a member of the Armed Forces to designate anyone as PADD of the remains of the member if the member dies while on AD.

Would allow 26 Soldiers to designate anyone as PADD on the DD Form 93; DD Form 93 instructions would need to be changed.

3/11/2011: Introduced- Referred to the Committee on Armed Services 3/18/2011: Referred to the Subcommittee on Military Personnel

Legislative text is included in the NDAA FY12 (HR 1540)

10/31/11

Bill HR 1142

Title Global Combat Zone Recognition Act

Legislative Text To amend title 10 USC to ensure the equitable treatment of members of the Armed Forces and civilian employees of the DoD who are killed or wounded in an attack, occurring outside of a combat zone, that targeted the members or employees on account of their status as members of the Armed Forces or civilian employees of the DoD. Retroactive application to include Fort Hood, Little Rock, and Frankfurt airport in Germany attacks. See HR 1142

Impact Soldiers or civilians killed or wounded outside of a combat zone as part of a targeted attack would be considered a combat zone casualty for the purposes of all applicable Federal laws, regulations and policies.

CoStatus Sponsors 11 3/16/2011: Introduced- Referred to the Committee on Armed Services 4/6/2011: Referred to the Subcommittee on Military Personnel

Comments Similar to HR 1019.

HR 1019

None

See HR 1142

03/10/2011: Introduced- Referred to the Committee on Armed Services 3/18/2011: Referred to the Subcommittee on Military Personnel

Similar to HR 1142

10/31/11

Bill S 536

Title Survivor and Dependent Educational Assistance Amendment

Legislative Text To amend title 38 USC to provide that utilization of the survivors and dependents educational assistance shall not be subject to the 48month limitation on the aggregate amount of assistance utilizable under multiple veterans and related educational assistance programs. To amend the Servicemembers Civil Relief Act to provide surviving spouses with certain protections relating to mortgages and mortgage foreclosures if the spouse is the successor in interest to property is covered under the Servicemembers Civil Relief Act.

Impact Would allow Survivors and dependent children to exceed the 48 month limit of educational assistance when using two or more educational assistance programs (i.e. GI Bill and DEA)

CoStatus Sponsors 1 3/9/2011: Introduced- Referred to the Committee on Veterans Affairs 6/8/2011: Committee hearings held

Comments

HR 1263

None

Provides for expansion of protection against mortgage and mortgage foreclosures for surviving spouses.

3/30/2011: Introduced- Referred to the Committee on Veterans Affairs 4/15/2011: Referred to Subcommittee on Economic Opportunity 10/11/11: Agreed to and passed the House 10/12/11: Received in Senate, referred to the Committee on Veterans Affairs

10/31/11

Bill HR 1407

Title Veterans Compensation Cost-of-Living Adjustment Act of 2011

Legislative Text To increase DIC to surviving spouses and children by the same percentage as benefit amounts payable under the Social Security Act are increased, effective Dec. 1, 2010.

Impact

CoStatus Sponsors Would increase 8 4/6/2011: Survivor DIC Introduced- Referred payments each to the Committee on time social Veterans Affairs security 5/23/2011: Passed payments are House. raised, and by the 5/24/2011: Received same amount. in Senate Referred to Committee on Veterans Affairs

Comments Similar to S 894

S 894

Veterans Compensation Cost-of-Living Adjustment Act of 2011

See HR 1407

See HR 1407

14

5/5/2011: Introduced- Referred to the Committee on Veterans Affairs 6/29/2011: Committee hearings held8/1/2011: Placed on Senate Legislative Calendar 10/19/2011: Passed/Agreed to in Senate

Similar to HR 1407

10/31/11

Bill HR 1441

Title none

Legislative Text

CoStatus Sponsors To amend title 38 No operational 3 4/8/2011: USC sec. 2410A by impact for Introduced- Referred inserting that not CMAOC or to Committee on more than 1 SOS; good Veterans Affairs and gravesite may be information to be the Committee on provided @ Arlington aware for Armed Services National Cemetery veteran, Service 4/29/2011: Referred (ANC) and may not member, and to the Subcommittee be reserved before Survivor inquiries. on Disability the death of an Assistance and individual, and not Memorial Affairs more than 1 5/3/2011: gravesite may be Subcommittee provided at ANC to a hearings held veteran or member of 5/18/2011: Referred Armed Forces who is to the Subcommittee eligible for interment on Military Personnel and the family members of such veteran or member who are also eligible for interment at such cemetery. Exception granted for whom a written request for a reserved gravesite was submitted to the Secretary of the Army before 1/1/1962.

Impact

Comments Identical to S 698, similar to HR 1627

10/31/11

Bill S 698

Title None

Legislative Text See HR 1441

Impact See HR 1441

CoStatus Sponsors 0 3/31/2011: Introduced- Referred to the Committee on Veterans Affairs 6/8/2011: Committee hearings held

Comments Identical to HR 1441, similar to HR 1627

HR 1627

Honoring American Veterans Act of 2011

Prohibits more than 1 gravesite from being provided at Arlington to a veteran or Armed Forces member who is eligible for burial, & family members of such veteran or member who are also eligible for burial there, & a gravesite from being reserved at Arlington before an individuals death.

No operational 3 impact for CMAOC or SOS; good information to be aware for veteran, Service member, and Survivor inquiries.

4/15/2011: Introduced- Referred to the Committee on Veterans Affairs 5/23/2011: Passed/Agreed to in House 5/24/2011: Referred to Senate, received in Senate and referred to Committee on Veterans Affairs

Similar to S 698, HR 1441

10/31/11

Bill HR 1469

Title Honor Our Fallen Heroes Act

Legislative Text Amounts are hereby appropriated during a funding gap to allow Secretaries of military departments (and Homeland Security for Coast Guard) to pay death gratuities on a timely basis pursuant to subchapter II of chapter 75 of title 10, USC, during the funding gap.

Impact Allows for timely payment of Death Gratuity to Survivors during a funding gap in FY 2011

CoStatus Sponsors 93 4/8/2011: Introduced Referred to the Committee on Appropriations

Comments Similar to HR 1494

HR 1494

None

Appropriates amounts during a funding gap impacting the Armed Forces to allow for timely payment of pay and allowances and death gratuities regarding death benefits for deceased military personnel.

Allows for timely payment of pay and allowances and Death Gratuity to Survivors during a funding gap in FY 2011

4/12/2011: Introduced Referred to the Committee on Appropriations

Similar to HR 1469

10/31/11

Bill HR 1540

Title National Defense Authorization for Fiscal Year 2012

Legislative Text Increases and extends payment benefit of Special Survivor Indemnity Allowance (SSIA) for Widows; establishes April 9th as Yellow Ribbon Day to coincide with the day SSG Maupin became the 1st POW of OIF; authorizes Government Employees to designate more than 50% of DG to unrelated persons & notice to the spouse when a person other than the spouse is a designee. Taps should be sounded by a live bugler or trumpeter when such arrangements are possible at a military funeral, memorial service, or wreath laying.

Impact SSIA payments are extended from 2017 to 2021, and are adjusted to the following monthly amounts per FY: 2013-$163 2014-$200 2015-$215 2016-$282 2017-$314 2018-$9 2019-$15 2020-$20 2021-$27 Allows Govt employees to designate all or a portion of the amount of DG to an unrelated person, but employing agency would have to notify spouse (current practice for Service members).

CoStatus Sponsors 1 4/14/4011: Introduced- Referred to the Committee on Armed Services 5/23/2011: Supplemental report filed by the Committee on Armed Services 5/26/2011: Passed/Agreed to in House 6/6/2011: Referred to Senate Committee on Armed Services

Comments

10/31/11

Bill HR 1591

Title Sanctity of Eternal Rest for Veterans (SERVE) Act of 2011

Legislative Text

CoStatus Sponsors To amend title18 No effect on 32 04/15/2011: USC, with respect to CMAOC or SOS Introduced- Referred the prohibition on operations; to the Committees on disrupting military however, if Judiciary, Veterans funerals, by striking passes, may Affairs and Armed 60 minutes before reduce the Family Forces 04/29/2011: and after funeral and members burden Referred to the inserting 120 minutes of protests at Subcommittee on before, and ending funerals. Disability Assistance 120 minutes after. and Memorial Affairs 05/18/2011: Referred to the Subcommittee on Military Personnel 8/25/2011: Referred to the Subcommittee on Crime, Terrorism, & Homeland Security

Impact

Comments Identical bill to S 815; similar bill to HR 961.

S 815

Sanctity of Eternal Rest for Veterans (SERVE) Act of 2011

See HR 1591

See HR 1591

36

04/13/2011: Introduced- Referred to Committee on Veterans Affairs 6/8/2011: Committee hearings held

Identical bill to HR 1591; similar bill to HR 961.

10/31/11

Bill S 874

Title none

Legislative Text To amend title 38 USC, to allow for surviving spouses to receive comp. or pension under ch.11 or 15 for the month of death of the veteran if the veteran was receiving comp. or pension or had a claim pending for the month that would have been payable under ch.11 or 15 if the veteran had not died.

Impact Additional monthly DFAS or VA financial benefit for Survivors of veterans that have a compensation or pension claim pending at time of death.

CoStatus Comments Sponsors 0 05/3/2011: Introduced- Referred to Committee on Veterans Affairs 6/8/2011: Committee hearings held

10/31/11

Bill HR 2550

Title Spouses of Fallen Heroes Scholarship Act

Legislative Text To amend title 38 USC for the transfer of entitlement for ed. assistance under Post 9/11 GI Bill by deceased members of the Armed Forces to their surviving spouses unless the Service member has designated another eligible dependent. Maximum amount of entitlement equals what the Service member was entitled upon death, & requires surviving spouses to make an irrevocable election to receive Post 9/11 GI Bill or chapter 35 benefits as they may not receive both benefits. Effective 8/1/09. Requires retroactive payments to eligible individuals NLT 8/1/11.

Impact

CoStatus Sponsors Would force 1 7/15/2011: surviving spouses Introduced to choose Referred to the between using Committee on the GI Bill and Veterans Affairs Dependent 7/29/2011: Referred Educational to the Subcommittee Assistance for on Economic educational Opportunity benefits. Requires the Secretary to provide retroactive payment by 8/1/2011 to qualifying surviving spouses who were enrolled in an approved program from 8/1/2009 to 7/31/2011.

Comments

10/31/11

Bill HR 2061

Title Civilian Service Recognition Act of 2011

Legislative Text Authorizes the head of an executive agency to:1) pay the expenses for presentation of a U.S. flag for a federal employee who died in connection with employment, 2) to furnish a flag upon request of the NOK, and 3) the agency head to provide notice to employees of the flag benefit.

Impact Would require changes to flag entitlement for deceased Army civilians killed in LOD. AR 638-2 would need to be updated.

CoStatus Sponsors 21 5/31/2011: Introduced- Referred to the Committee on Oversight and Government Reform 7/18/2011: Placed on the Calendar

Comments Similar to S 1444

S 1444 Civilian Service Recognition Act of 2011

See HR 2061

See HR 2061

7/28/2011: Introduced- Referred to the Committee on Homeland Security and Government Affairs

Similar to HR 2061

10/31/11

Bill HR 2848

Title Veterans Religious Freedom Act

Legislative Text The Secretary of VA shall ensure the family of each veteran buried at a national cemetery or eligible under ch. 23 of USC 38, are informed of all options available for funeral/memorial services. Secretary of VA may not prescribe regulations to censor or otherwise limit the religious speech performed by a member of a veterans service organization at a funeral or memorial of a veteran or of private speakers who have been invited to speak on property of the Dept. of VA.

Impact Should not impact CMAOC or SOS operations. However, if passed, would be relevant for PADD, PNOK, and Casualty Assistance Center staff to be aware of when planning funerals at national cemeteries.

CoStatus Sponsors 10 9/7/2011: Introduced- Referred to the Committee on Veterans Affairs 9/12/2011: Referred to the Subcommittee on Disability Assistance and Memorial Affairs

Comments

10/31/11

Bill HR 2815

Title A bill to revise the Federal charter for the Blue Star Mothers of America, Inc. to reflect a change in eligibility requirements for membership

Legislative Text Strikes and inserts text to expand membership eligibility outside of World War II and Korean hostilities and to mothers who are U.S. citizens living outside the United States. Also expands eligibility to foster mother, grandmother, and legal guardians. Abolishes the rule that the Service member had to have been in the care of the mother since the age of 13.

Impact Does not impact casualty operations. This is pertinent to surviving mothers since, if passed, the membership eligibility would be expanded to include Vietnam, OEF, OIF, Operation New Dawn and future contingency operations. Grandmothers, foster mothers, & legal guardians would also be allowed membership.

CoStatus Comments Sponsors 45 8/9/2011: Same as S Introduced- referred 1541 to the Committee on the Judiciary 8/25/2011: Referred to the Subcommittee on Immigration Policy and Enforcement

S 1541 See HR 2815

See HR 2815

See HR 2815

16

9/12/2011: Introduced- Referred to the Committee on the Judiciary

Same as HR 2815

10/31/11