National Defense Authorization Act For Fiscal Year 2010

Floor Speech

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Mr. COHEN. Mr. Chair, I would like to thank Chairman SKELTON, Ranking Member MCKEON, and former Ranking Member MCHUGH for their tireless work to put together this year's National Defense Authorization Act.

My amendment to the NDAA directs the Department of Defense to report on the potential effects of expanding the current statute regarding directing disposition of remains of a servicemember who dies in combat. The DOD is to report back to Congress within 180 days with their findings.

I filed this amendment because the current policy under 10 U.S.C. 1482 is too restrictive, limiting the individuals who can be designated to a spouse, blood relative, or adoptive parent.

In today's society, many families are not as simple as that.

Specialist Christopher Fox of Memphis, only 21 years old, was on his second tour in Iraq and was due to be discharged from the Army in July of this year.

However, he died in Iraq on September 29, 2008 of wounds sustained when he encountered small-arms fire while on patrol.

Specialist Fox wanted his mother-figure--the woman who was awarded temporary custody when he was seventeen--to oversee his burial arrangements.

Her name was listed on the DD93 form filled out by Specialist Fox to direct disposition of his remains, as required by the DOD.

However, due to Federal law, DOD could not allow his written intent to be carried out.

I know that Specialist Fox is not alone in wanting someone other than a spouse or blood relative to oversee their burial arrangements.

Expansion of the 10 U.S.C. 1482 is supported by the Air Force Association, AMVETS, the National Guard Association of the United States, the National Association of Uniformed Services, the United States Army Warrant Officers Association, and the Vietnam Veterans of America.

We need to remember the sacrifices of our servicemembers and do what we can to honor their memory and their wishes.

It is with this purpose that I filed this amendment to require the DOD to study the current statute. I urge my colleagues to support and pass this amendment.

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