Cohen Proposal to Honor Fallen Soldiers Funeral Wishes One Step Closer to Being Law
October 8, 2009
The Cohen Amendment addresses current law which limits who can be designated by a service member to oversee the disposition of remains to a spouse, blood relative, or adoptive parent. Cohen’s language would require the Pentagon to initiate a study to examine the effects of expanding the current statute to allow other people, including foster parents, friends or fellow soldiers to be designated.
“We need to remember the sacrifices of our service members and do what we can to honor their memory and their wishes. This study is the first step toward that end,” Congressman Cohen said.
Congressman Cohen first learned of this issue following the 2008 death of Specialist Christopher Fox of Memphis. Fox wanted his mother-figure—the woman who was awarded temporary custody when he was 17—to oversee his burial arrangements. Her name was listed on the DD93 form filled out by Specialist Fox to direct the disposition of his remains, as required by the DOD. However, due to Federal law, the DOD could not allow his written intent to be carried out.
The Cohen proposal garnered the wide support of many national military and veterans organizations: Air Force Association; AMVETS; Association of the United States Navy; Iraq and Afghanistan Veterans of America (IAVA); Jewish War Veterans of the USA; Military Order of the Purple Heart; National Guard Association of the United States; National Association of Uniformed Services; Reserve Officers Association; United States Army Warrant Officers Association; and, the Vietnam Veterans of America.
In addition to the Cohen proposal, key highlights of the NDAA include:
Military Pay and Benefits
• Provides a 3.4 percent military pay raise
• Expands TRICARE health coverage for reserve component members and their families for 180 days prior to mobilization
• Prohibits fee increases on TRICARE inpatient care for one year
• Provides increased funding for family housing programs
National Security Personnel System (NSPS)
• Repeals NSPS and transitions employees back to the General Schedule (GS) by January 1, 2012
• Provides DOD with flexibilities to reform the DOD hiring process and establish a performance management system
Readiness
• Increases the size of the military by 30,000 Army troops, 8,100 Marines, 14,650 Air Force personnel, and 2,477 Navy sailors in Fiscal Year 2010, as requested by the President
Afghanistan and Pakistan
• Bans permanent bases in Afghanistan
• Requires reports to assess progress toward security and stability in Afghanistan and in Pakistan
• Provides funds to train and equip the Afghan National Security Forces (ANSF)
Iraq
• Bans permanent bases in Iraq and prohibits U.S. control of Iraqi oil revenues
• Requires a report on the responsible redeployment of U.S. Forces from Iraq
• Provides authority to transfer equipment to bolster the Iraqi Security Forces
Ground Vehicles
• Provides $6.7 billion for Mine Resistant Ambush Protected (MRAP) vehicles, $1.2 billion above the President’s request, which fully funds the new MRAP All-Terrain variant requirement for Afghanistan
Detainees
• Prohibits the release of Guantanamo Bay detainees into the United States, its territories, and possessions and restricts detainee transfers to the same until 45 days after the President has submitted a plan to Congress certifying that the detainees will pose little to no risk to the United States if transferred
• Prohibits interrogation of detainees by contractors
• Prohibits any non- Department of Justice official from reading Miranda rights to detainees
• Requires the Secretary of Defense to develop guidelines mandating videotaping or other electronic recording of non-battlefield detainee interrogations
• Requires DOD to give the International Committee of the Red Cross (ICRC) prompt access to detainees held at the Bagram Theater Internment Facility in Afghanistan
Military Commissions
• Revises the Military Commissions Act to clarify rules and improve trial procedures to make military commissions fair and effective and significantly reduce the likelihood of convictions from being overturned on technicalities by:
o Prohibiting the use of statements alleged to have been secured through cruel, inhuman, or degrading treatment;
o Providing the accused with greater ability to select own counsel;
o Making hearsay evidence harder to use in court;
o Improving the procedures for the handling of classified information; and
o Permitting military commissions to continue existing cases for 90 days or until revisions have been made to supporting court manuals and handbooks
Hate Crimes
• Provides technical and financial support to local law enforcement and prosecutors so that they can more aggressively try violent crimes which are motivated by a victim’s race, color, religion, national origin, gender, sexual orientation, gender identity, or disability and expands federal jurisdiction to cover such crimes.
• Creates a new federal crime to penalize attacks against U.S. service members or their property on account of their service to country.
• Includes stronger protections for freedom of speech and association, including religious speech and association, than the House passed version of this legislation. The provision contains rule of construction sections that protect First Amendment religious speech or expressive conduct from prosecution under the Act or admissibility at trial. Consequently, religious leaders will not have to change the expression of their beliefs or how they service their congregations, as a result of the enactment of Hate Crimes legislation.
________________________
Steven Broderick
Communications Director
Congressman Steve Cohen (TN-9)
1005 Longworth House Office Building
Washington, DC 20515
Direct: 202-226-7916
Main: 202-225-3265
steven.broderick@mail.house.gov
“We need to remember the sacrifices of our service members and do what we can to honor their memory and their wishes. This study is the first step toward that end,” Congressman Cohen said.
Congressman Cohen first learned of this issue following the 2008 death of Specialist Christopher Fox of Memphis. Fox wanted his mother-figure—the woman who was awarded temporary custody when he was 17—to oversee his burial arrangements. Her name was listed on the DD93 form filled out by Specialist Fox to direct the disposition of his remains, as required by the DOD. However, due to Federal law, the DOD could not allow his written intent to be carried out.
The Cohen proposal garnered the wide support of many national military and veterans organizations: Air Force Association; AMVETS; Association of the United States Navy; Iraq and Afghanistan Veterans of America (IAVA); Jewish War Veterans of the USA; Military Order of the Purple Heart; National Guard Association of the United States; National Association of Uniformed Services; Reserve Officers Association; United States Army Warrant Officers Association; and, the Vietnam Veterans of America.
In addition to the Cohen proposal, key highlights of the NDAA include:
Military Pay and Benefits
• Provides a 3.4 percent military pay raise
• Expands TRICARE health coverage for reserve component members and their families for 180 days prior to mobilization
• Prohibits fee increases on TRICARE inpatient care for one year
• Provides increased funding for family housing programs
National Security Personnel System (NSPS)
• Repeals NSPS and transitions employees back to the General Schedule (GS) by January 1, 2012
• Provides DOD with flexibilities to reform the DOD hiring process and establish a performance management system
Readiness
• Increases the size of the military by 30,000 Army troops, 8,100 Marines, 14,650 Air Force personnel, and 2,477 Navy sailors in Fiscal Year 2010, as requested by the President
Afghanistan and Pakistan
• Bans permanent bases in Afghanistan
• Requires reports to assess progress toward security and stability in Afghanistan and in Pakistan
• Provides funds to train and equip the Afghan National Security Forces (ANSF)
Iraq
• Bans permanent bases in Iraq and prohibits U.S. control of Iraqi oil revenues
• Requires a report on the responsible redeployment of U.S. Forces from Iraq
• Provides authority to transfer equipment to bolster the Iraqi Security Forces
Ground Vehicles
• Provides $6.7 billion for Mine Resistant Ambush Protected (MRAP) vehicles, $1.2 billion above the President’s request, which fully funds the new MRAP All-Terrain variant requirement for Afghanistan
Detainees
• Prohibits the release of Guantanamo Bay detainees into the United States, its territories, and possessions and restricts detainee transfers to the same until 45 days after the President has submitted a plan to Congress certifying that the detainees will pose little to no risk to the United States if transferred
• Prohibits interrogation of detainees by contractors
• Prohibits any non- Department of Justice official from reading Miranda rights to detainees
• Requires the Secretary of Defense to develop guidelines mandating videotaping or other electronic recording of non-battlefield detainee interrogations
• Requires DOD to give the International Committee of the Red Cross (ICRC) prompt access to detainees held at the Bagram Theater Internment Facility in Afghanistan
Military Commissions
• Revises the Military Commissions Act to clarify rules and improve trial procedures to make military commissions fair and effective and significantly reduce the likelihood of convictions from being overturned on technicalities by:
o Prohibiting the use of statements alleged to have been secured through cruel, inhuman, or degrading treatment;
o Providing the accused with greater ability to select own counsel;
o Making hearsay evidence harder to use in court;
o Improving the procedures for the handling of classified information; and
o Permitting military commissions to continue existing cases for 90 days or until revisions have been made to supporting court manuals and handbooks
Hate Crimes
• Provides technical and financial support to local law enforcement and prosecutors so that they can more aggressively try violent crimes which are motivated by a victim’s race, color, religion, national origin, gender, sexual orientation, gender identity, or disability and expands federal jurisdiction to cover such crimes.
• Creates a new federal crime to penalize attacks against U.S. service members or their property on account of their service to country.
• Includes stronger protections for freedom of speech and association, including religious speech and association, than the House passed version of this legislation. The provision contains rule of construction sections that protect First Amendment religious speech or expressive conduct from prosecution under the Act or admissibility at trial. Consequently, religious leaders will not have to change the expression of their beliefs or how they service their congregations, as a result of the enactment of Hate Crimes legislation.
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________________________
Steven Broderick
Communications Director
Congressman Steve Cohen (TN-9)
1005 Longworth House Office Building
Washington, DC 20515
Direct: 202-226-7916
Main: 202-225-3265
steven.broderick@mail.house.gov
Issues:Defense