[Congressional Record Volume 144, Number 34 (Tuesday, March 24, 1998)]
[House]
[Pages H1389-H1396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARLINGTON NATIONAL CEMETERY BURIAL ELIGIBILITY ACT
Mr. STUMP. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3211) to amend title 38, United States Code, to enact into law
eligibility requirements for burial in Arlington National Cemetery, and
for other purposes, as amended.
The Clerk read as follows:
H.R. 3211
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arlington National Cemetery
Burial Eligibility Act''.
SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NATIONAL
CEMETERY.
(a) In General.--Chapter 24 of title 38, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2412. Arlington National Cemetery: persons eligible
for burial
``(a) Primary Eligibility.--The remains of the following
individuals may be buried in Arlington National Cemetery:
``(1) Any member of the Armed Forces who dies while on
active duty.
``(2) Any retired member of the Armed Forces and any person
who served on active duty and at the time of death was
entitled (or but for age would have been entitled) to retired
pay under chapter 1223 of title 10.
``(3) Any former member of the Armed Forces separated for
physical disability before October 1, 1949, who--
``(A) served on active duty; and
``(B) would have been eligible for retirement under the
provisions of section 1201 of title 10 (relating to
retirement for disability) had that section been in effect on
the date of separation of the member.
[[Page H1390]]
``(4) Any former member of the Armed Forces whose last
active duty military service terminated honorably and who has
been awarded one of the following decorations:
``(A) Medal of Honor.
``(B) Distinguished Service Cross, Air Force Cross, or Navy
Cross.
``(C) Distinguished Service Medal.
``(D) Silver Star.
``(E) Purple Heart.
``(5) Any former prisoner of war who dies on or after
November 30, 1993.
``(6) The President or any former President.
``(b) Eligibility of Family Members.--The remains of the
following individuals may be buried in Arlington National
Cemetery:
``(1) The spouse, surviving spouse, minor child, and, at
the discretion of the Superintendent, unmarried adult child
of a person listed in subsection (a), but only if buried in
the same gravesite as that person.
``(2)(A) The spouse, minor child, and, at the discretion of
the Superintendent, unmarried adult child of a member of the
Armed Forces on active duty if such spouse, minor child, or
unmarried adult child dies while such member is on active
duty.
``(B) The individual whose spouse, minor child, and
unmarried adult child is eligible under subparagraph (A), but
only if buried in the same gravesite as the spouse, minor
child, or unmarried adult child.
``(3) The parents of a minor child or unmarried adult child
whose remains, based on the eligibility of a parent, are
already buried in Arlington National Cemetery, but only if
buried in the same gravesite as that minor child or unmarried
adult child.
``(4)(A) Subject to subparagraph (B), the surviving spouse,
minor child, and, at the discretion of the Superintendent,
unmarried adult child of a member of the Armed Forces who was
lost, buried at sea, or officially determined to be
permanently absent in a status of missing or missing in
action.
``(B) A person is not eligible under subparagraph (A) if a
memorial to honor the memory of the member is placed in a
cemetery in the national cemetery system, unless the memorial
is removed. A memorial removed under this subparagraph may be
placed, at the discretion of the Superintendent, in Arlington
National Cemetery.
``(5) The surviving spouse, minor child, and, at the
discretion of the Superintendent, unmarried adult child of a
member of the Armed Forces buried in a cemetery under the
jurisdiction of the American Battle Monuments Commission.
``(c) Spouses.--For purposes of subsection (b)(1), a
surviving spouse of a person whose remains are buried in
Arlington National Cemetery by reason of eligibility under
subsection (a), who has remarried is eligible for burial in
the same gravesite of that person. The spouse of the
surviving spouse is not eligible for burial in such
gravesite.
``(d) Disabled Adult Unmarried Children.--In the case of an
unmarried adult child who is incapable of self-support up to
the time of death because of a physical or mental condition,
the child may be buried under subsection (b) without
requirement for approval by the Superintendent under that
subsection if the burial is in the same gravesite as the
gravesite in which the parent, who is eligible for burial
under subsection (a), has been or will be buried.
``(e) Family Members of Persons Buried in a Group
Gravesite.--In the case of a person eligible for burial under
subsection (a) who is buried in Arlington National Cemetery
as part of a group burial, the surviving spouse, minor child,
or unmarried adult child of the member may not be buried in
the group gravesite.
``(f) Exclusive Authority for Burial in Arlington National
Cemetery.--Eligibility for burial of remains in Arlington
National Cemetery prescribed under this section is the
exclusive eligibility for such burial.
``(g) Application for Burial.--A request for burial of
remains of an individual in Arlington National Cemetery made
before the death of the individual may not be considered by
the Secretary of the Army or any other responsible official.
``(h) Register of Buried Individuals.--(1) The Secretary of
the Army shall maintain a register of each individual buried
in Arlington National Cemetery and shall make such register
available to the public.
``(2) With respect to each such individual buried on or
after January 1, 1998, the register shall include a brief
description of the basis of eligibility of the individual for
burial in Arlington National Cemetery.
``(i) Definitions.--For purposes of this section:
``(1) The term `retired member of the Armed Forces' means--
``(A) any member of the Armed Forces on a retired list who
served on active duty and who is entitled to retired pay;
``(B) any member of the Fleet Reserve or Fleet Marine Corps
Reserve who served on active duty and who is entitled to
retainer pay; and
``(C) any member of a reserve component of the Armed Forces
who has served on active duty and who has received notice
from the Secretary concerned under section 12731(d) of title
10, of eligibility for retired pay under chapter 1223 of
title 10.
``(2) The term `former member of the Armed Forces' includes
a person whose service is considered active duty service
pursuant to a determination of the Secretary of Defense under
section 401 of Public Law 95-202 (38 U.S.C. 106 note).
``(3) The term `Superintendent' means the Superintendent of
Arlington National Cemetery.''.
(b) Publication of Updated Pamphlet.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of the Army shall publish an updated pamphlet
describing eligibility for burial in Arlington National
Cemetery. The pamphlet shall reflect the provisions of
section 2412 of title 38, United States Code, as added by
subsection (a).
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 24 of title 38, United States Code, is
amended by adding at the end the following new item:
``2412. Arlington National Cemetery: persons eligible for burial.''.
(d) Technical Amendments.--Section 2402(7) of title 38,
United States Code, is amended--
(1) by inserting ``(or but for age would have been
entitled)'' after ``was entitled'';
(2) by striking out ``chapter 67'' and inserting in lieu
thereof ``chapter 1223''; and
(3) by striking out ``or would have been entitled to'' and
all that follows and inserting in lieu thereof a period.
(e) Effective Date.--Section 2412 of title 38, United
States Code, as added by subsection (a), shall apply with
respect to individuals dying on or after the date of the
enactment of this Act.
SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COLUMBARIUM IN
ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States
Code, is amended by adding after section 2412, as added by
section 2(a) of this Act, the following new section:
``Sec. 2413. Arlington National Cemetery: persons eligible
for placement in columbarium
``(a) Eligibility.--The cremated remains of the following
individuals may be placed in the columbarium in Arlington
National Cemetery:
``(1) A person eligible for burial in Arlington National
Cemetery under section 2412 of this title.
``(2)(A) A veteran whose last period of active duty service
(other than active duty for training) ended honorably.
``(B) The spouse, surviving spouse, minor child, and, at
the discretion of the Superintendent of Arlington National
Cemetery, unmarried adult child of such a veteran.
``(b) Spouse.--Section 2412(c) of this title shall apply to
a spouse under this section in the same manner as it applies
to a spouse under section 2412.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 24 of title 38, United States Code, is
amended by adding after section 2412, as added by section
2(c) of this Act, the following new item:
``2413. Arlington National Cemetery: persons eligible for placement in
columbarium.''.
(c) Effective Date.--Section 2413 of title 38, United
States Code, as added by subsection (a), shall apply with
respect to individuals dying on or after the date of the
enactment of this Act.
SEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States
Code, is amended by adding after section 2413, as added by
section 3(a) of this Act, the following new section:
``Sec. 2414. Arlington National Cemetery: authorized
headstones, markers, and monuments
``(a) Gravesite Markers Provided by the Secretary.--A
gravesite in Arlington National Cemetery shall be
appropriately marked in accordance with section 2404 of this
title.
``(b) Gravesite Markers Provided at Private Expense.--(1)
The Secretary of the Army shall prescribe regulations for the
provision of headstones or markers to mark a gravesite at
private expense in lieu of headstones and markers provided by
the Secretary of Veterans Affairs in Arlington National
Cemetery.
``(2) Such regulations shall ensure that--
``(A) such headstones or markers are of simple design,
dignified, and appropriate to a military cemetery;
``(B) the person providing such headstone or marker
provides for the future maintenance of the headstone or
marker in the event repairs are necessary;
``(C) the Secretary of the Army shall not be liable for
maintenance of or damage to the headstone or marker;
``(D) such headstones or markers are aesthetically
compatible with Arlington National Cemetery; and
``(E) such headstones or markers are permitted only in
sections of Arlington National Cemetery authorized for such
headstones or markers as of January 1, 1947.
``(c) Monuments.--(1) No monument (or similar structure as
determined by the Secretary of the Army in regulations) may
be placed in Arlington National Cemetery except pursuant to
the provisions of this subsection.
``(2) A monument may be placed in Arlington National
Cemetery if the monument commemorates--
``(A) the service in the Armed Forces of the individual, or
group of individuals, whose memory is to be honored by the
monument; or
``(B) a particular military event.
``(3) No monument may be placed in Arlington National
Cemetery until the end of the 25-year period beginning--
``(A) in the case of commemoration of service under
paragraph (1)(A), on the last day of the period of service so
commemorated; and
``(B) in the case of commemoration of a particular military
event under paragraph
[[Page H1391]]
(1)(B), on the last day of the period of the event.
``(4) A monument may be placed only in those sections of
Arlington National Cemetery designated by the Secretary of
the Army for such placement.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 24 of title 38, United States Code, is
amended by adding after section 2413, as added by section
3(b) of this Act, the following new item:
``2414. Arlington National Cemetery: authorized headstones, markers,
and monuments.''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to headstones, markers, or monuments
placed in Arlington National Cemetery on or after the date of
the enactment of this Act.
SEC. 5. PUBLICATION OF REGULATIONS.
Not later than one year after the date of the enactment of
this Act, the Secretary of the Army shall publish in the
Federal Register any regulation proposed by the Secretary
under this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Stump) and the gentleman from Illinois (Mr. Evans) each
will control 20 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Stump).
(Mr. STUMP asked and was given permission to revise and extend his
remarks.)
General Leave
Mr. STUMP. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on H.R. 3211.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 3211, the Arlington National Cemetery Burial
Eligibility Act, is an important bill that is strongly supported by
veterans and their service organizations.
The lion's share of credit for setting the stage for this bill goes
to the gentleman from Alabama (Mr. Terry Everett), chairman of the
Subcommittee on Oversight and Investigations. His investigation of the
waiver process in Arlington National Cemetery has resulted in
bipartisan support for H.R. 3211.
In concert with his ranking member, the gentleman from South Carolina
(Mr. Jim Clyburn), the subcommittee tackled some very difficult issues
in a comprehensive and professional manner. The bill codifies many of
the current regulations of eligibility for burial in the cemetery and
placement in the Columbarium.
However, the bill departs from current practice in the following
ways:
One, no waivers to the military service requirements for a burial
would be allowed for anyone. Family members of eligible veterans would
be the only nonveterans allowed to be buried, and they would be in the
same gravesite as the eligible veteran.
Second, the bill would eliminate automatic eligibility for Members of
Congress and other Federal officials who do not meet all of the
military criteria required for other veterans. Currently, these so-
called ``high Federal officials'' are eligible simply by being
veterans. The President, as Commander in Chief of the Armed Forces,
would be the only official whose eligibility would be retained under
the bill.
Third, the bill requires that in the future, memorials and markers
erected in the cemetery must commemorate service in the armed services.
Mr. Speaker, I reserve the balance of my time.
Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am very proud to join the gentleman from Arizona (Mr.
Stump) in introducing H.R. 3211, the Arlington National Cemetery Burial
Eligibility Act.
The GAO has told us that the eligibility requirements for burial at
the cemetery needs clarification, and that the standards for waivers
have been inconsistently applied over several years.
The bill we are considering today directly addresses those concerns.
It writes into law the eligibility rules for burial at Arlington,
allows for the burial of the close family members of persons whose
military service has qualified them for burial at Arlington, and
virtually eliminates the possibility that waivers shall be granted in
the future to persons who do not otherwise meet the eligibility
criteria for burial there.
As an enlisted in the United States Marine Corps and a member of the
Committee on Veterans' Affairs since I came to Congress, I know that
the cemetery is truly sacred ground, especially for our Nation's
veteran population. That is why I was extremely concerned by reports
that waivers for burial at the cemetery were being granted in exchange
for major political contributions.
As everyone should know by now, those reports turned out to be
untrue, and without any substantiation whatsoever. But while the GAO
expedited review found ``no evidence'' of waivers for contributions, it
did highlight some of the serious flaws in the existing process for
burials at the cemetery.
The bill that the gentleman from Arizona (Mr. Stump), our chairman,
and I have put together addresses those concerns. It removes most of
the discretion, ambiguity and guesswork from the eligibility process
for burials at the cemetery, and it makes it easier for the public to
understand the requirements for burial at the cemetery.
Before I conclude my remarks, Mr. Speaker, I want to take a moment to
thank the gentleman from Arizona (Chairman Stump). His focus has been
on policy over politics. He has worked through this entire process,
working with virtually every member of the committee, and has extended
great cooperation to me as the leading Democrat on the committee.
I salute the gentleman from Arizona (Mr. Stump), Mr. Speaker, for his
work on getting this bill here today.
The bill we are bringing to this Congress today will honor the
commitments that so many veterans have made to this country. I urge my
colleagues to support the bill, H.R. 3211.
Mr. Speaker, I reserve the balance of my time.
Mr. STUMP. Mr. Speaker, I yield 2 minutes to the gentleman from
Alabama (Mr. Everett), who is chairman of our Subcommittee on Oversight
and Investigations.
{time} 1445
Mr. EVERETT. Mr. Speaker, if the recent Veterans' Affairs
subcommittee hearings on Arlington National Cemetery have demonstrated
anything, it is the special reverence with which Americans regard
Arlington as a national shrine to honor our military heroes, many of
whom were ordinary people who were extraordinary in their defense of
our liberties. The only objective of our work has been to ensure the
integrity of that hallowed place.
Although the committee's active interest in Arlington preceded the
burial waivers investigation by the Subcommittee on Oversight and
Investigations, which I chaired, the subcommittee took a thorough look
at Arlington and identified serious problems with the waivers and laid
much of the foundation of H.R. 3211.
Mr. Speaker, I am proud to join the gentleman from Arizona (Mr.
Stump), our full committee chairman, and many of our colleagues in this
bipartisan legislation to codify and reform Arlington eligibility. With
the assistance of the General Accounting Office review of burial
waivers at Arlington, the Subcommittee on Oversight and Investigations
found that the waiver process and criteria were unpublished;
information about waivers has often not been available to the general
public; the waiver process has lacked clear and consistent criteria,
and to the extent it had criteria, it was never followed; decisions
themselves have sometimes been inconsistent and not clearly documented;
and worst of all, in large part because of the lack of openness and
definition, the waiver process has been open to insider political
influence, string-pulling and favoritism.
While nothing is perfect, Arlington's system of burial waivers has
proved to fall far short of the openness that veterans and the public
deserve. I believe that there is widespread agreement that legislative
steps are necessary to correct these serious problems our investigation
has identified.
As H.R. 3211 moves along and encounters the vagaries of all
legislation, we should maintain the bill's objectives of establishing
clear-cut eligibility and preserving the military character of
Arlington.
Mr. Speaker, I want to commend the gentleman from Arizona (Mr. Stump)
for his leadership on Arlington burial
[[Page H1392]]
eligibility and for moving this very important legislation. I also want
to commend the gentleman from Illinois (Mr. Evans), our ranking
Democrat, the gentleman from New York (Mr. Quinn), chairman of the
Subcommittee on Benefits, the gentleman from California (Mr. Filner),
that subcommittee's ranking Democrat, and the gentleman from South
Carolina (Mr. Clyburn), ranking Democrat on my subcommittee.
They have worked long and hard on H.R. 3211.
Mr. Speaker, I urge my colleagues to approve this timely measure to
protect the integrity and honor of Arlington National Cemetery.
Mr. EVANS. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Filner).
Mr. FILNER. Mr. Speaker, I thank the gentleman from Illinois (Mr.
Evans), for yielding me this time, and I thank the gentleman from
Arizona (Mr. Stump), our chairman, for bringing this bill to the floor
so quickly.
Mr. Speaker, I too am a strong proponent of the bill before us, H.R.
3211. The Subcommittee on Benefits held a hearing on this measure on
February 24, and all of our witnesses were supportive of this bill.
After all that has been said and written in recent months about
Arlington National Cemetery, we all agreed that Arlington's burial
eligibility requirements needed to be clarified, codified, and refined
and this is exactly what H.R. 3211 will do.
I am very proud that the members of our committee came together in a
bipartisan fashion to introduce responsible and evenhanded legislation
that will maintain the honor and dignity of Arlington's sacred ground.
This matter is too important to us as a Nation, a Nation that deeply
respects its military dead, for it to be manipulated.
I know that all of my colleagues were comforted, as I was, by the
results of the GAO investigation which found no evidence that political
contributions played a role in waiver decisions. This is not to say
that the Arlington waiver process does not need revision and
clarification. The process needs to be reworked, and H.R. 3211 will
satisfy the concerns that many of us have had about burial eligibility
at Arlington National Cemetery.
I do believe, however, Mr. Speaker, that the bill we are considering
today can be and should be improved. As reported by the committee, H.R.
3211 includes no mechanism by which individuals who perform
extraordinary acts in service to the United States can be recognized
and be buried in Arlington. But common sense and historical evidence
makes it clear to me that there must be some procedure in place to
permit burial of those rare and unusual individuals whose military
service alone does not meet the specific criteria included in H.R.
3211, but whose life accomplishments following their service in
America's Armed Forces are so remarkable and distinctive and compelling
that we as a Nation feel we must honor these individuals with burial in
Arlington National Cemetery.
I am certain that a very tight, very disciplined, and very public
process can be designed that would protect and ensure the integrity of
the hallowed ground of Arlington, but that would also enable Americans
to demonstrate their deep respect and appreciation for the lives and
contributions of our most brilliant and beloved countrymen and women.
Although this issue was raised too late in the process for the
committee to address it, I look forward to working with Members of the
other body to further improve a very good bill.
Mr. Speaker, I urge support of H.R. 3211.
Mr. STUMP. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from New York (Mr. Solomon), chairman of the Committee on
Rules, a great supporter of veterans and this committee.
Mr. SOLOMON. Mr. Speaker, I thank the gentleman from Arizona (Mr.
Stump) for taking me out of order so I can get back to a meeting of the
Committee on Rules and expedite the legislation for the next 2 weeks.
Mr. Speaker, I do rise in strong support of this legislation to
protect our most sacred national cemetery, and to commend the gentleman
from Arizona (Mr. Stump), my very good friend and chairman of the
Committee on Veterans' Affairs, the gentleman from Illinois (Mr.
Evans), and certainly the gentleman from Alabama (Mr. Everett) as well
as the gentleman from New York (Mr. Quinn) sitting next to me, all of
whom have done such a great job bringing this bill to the floor.
As a cosponsor of this legislation, I am proud that today the House
is taking this decisive step to protect the sanctity and integrity of
Arlington Cemetery. Arlington Cemetery is a place that has become
synonymous with valor, courage, and honor that is second to none. It is
rightfully a place to be revered as more than a graveyard, but as a
resting place and as a lasting monument to heroes, real American
heroes, Mr. Speaker, to whom all of us owe our freedoms. And that means
that the very least that we can do is to remove the potential for
dishonoring that shrine with politics.
This bill does just that by removing virtually all discretion and all
waivers for burials at Arlington. In other words, Mr. Speaker, either
individuals qualify or they do not, and that is the way it should be.
That goes for Members of Congress, for Vice Presidents, for Cabinet
members, Court Justices and anyone else. If the person was not killed
while serving this country in uniform, was not a decorated veteran, a
former prisoner of war, a military retiree or a spouse or child of such
qualified veterans that will be buried there, there is no room for
burial at Arlington. And again that is the way it should be.
Still, any honorably discharged veteran is always eligible to have
their cremated remains displayed there. That is, any honorably
discharged veteran.
Mr. Speaker, I urge everyone in the House to support this bill and,
when they get a chance, to go out to Arlington again, if they have not
been there before, and walk among the headstones, as Chairman Stump and
I did just the other today. I believe they will thank themselves for
voting to protect that national shrine and for keeping it open
exclusively for those brave men and women who above all else deserve
it.
Mr. EVANS. Mr. Speaker, I yield 3 minutes to the gentleman from
Wisconsin (Mr. Kleczka).
Mr. KLECZKA. Mr. Speaker, I also rise in support of H.R. 3211.
Earlier this year, in response to public concern with the number of
burial waivers granted at Arlington National Cemetery, I introduced the
Arlington National Cemetery Integrity Act to clarify once and for all
who can and who cannot be buried there.
Because this is the last honor the United States can bestow upon our
veterans who sacrificed for our freedoms, I was pleased that the
gentleman from Arizona (Mr. Stump), chairman, and the gentleman from
Illinois (Mr. Evans), ranking member of the Committee on Veterans'
Affairs, introduced this bill which is similar to the one that I have
introduced. Under both of these proposals, current burial guidelines
would be put into law and waivers would be eliminated.
Mr. Speaker, we must preserve the integrity and true meaning of this
final tribute to our soldiers. H.R. 3211 will accomplish this goal. I
urge my colleagues to support this important legislation and again
commend the Committee on Veterans' Affairs for its swift action on this
piece of legislation.
Mr. STUMP. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Quinn), chairman of our Subcommittee on Benefits.
Mr. QUINN. Mr. Speaker, I too would like to support H.R. 3211. We
have talked about its intention to bring order to the process of being
buried at Arlington National Cemetery. We all know that the bill would
codify, with exceptions that have been discussed today, existing
regulatory eligibility criteria for burial at Arlington National
Cemetery. Other than persons specifically enumerated in the bill, no
other person could be buried in Arlington. In general, we have
discussed who those persons would include. Those could include members
of the Armed Forces who die in active duty, retired members of the
Armed Forces, including Reservists who have served on active duty,
former members of the Armed Services who have been awarded the Medal of
Honor, Distinguished Service Cross, Air Force Cross, or Navy Cross,
Distinguished Service Medal,
[[Page H1393]]
Silver Star or Purple Heart, former prisoners of war, President or any
former President, Members of the Guard and Reserves who have served on
active duty and are eligible for retirement but have not yet retired,
the spouse, surviving spouse, minor child and, at the discretion of the
superintendent, all of those unmarried adult children, A through F, as
we have said.
Mr. Speaker, what I wanted to do is to thank the people on our
committee on both sides of the aisle, both the gentleman from Arizona
(Mr. Stump) and the gentleman from Illinois (Mr. Evans), ranking
member, as well as the gentleman from Alabama (Mr. Everett), the
ranking member of the Subcommittee on Benefits, the gentleman from
California (Mr. Filner) and the gentleman from Arkansas (Mr. Snyder), a
committee member who had thoughtful questions and brought discussion of
this whole issue of Arlington.
Now that we have come up with a compromise of sorts to make sure that
we are heading in the right direction, toward the end of next month,
the gentleman from California (Mr. Filner) and I will be organizing a
visit to Arlington for members on the committee and Members of the
Congress at large to talk about their plans for changes at Arlington
and to talk about the things that are done in this bill today so that
all of us at least in the Congress know where we are headed when we
talk about changes necessary at Arlington National Cemetery.
Mr. Speaker, I urge my colleagues to support the bill.
Mr. EVANS. Mr. Speaker, may I inquire as to how much time is
remaining on both sides at this point?
The SPEAKER pro tempore. The gentleman from Illinois (Mr. Evans) has
13 minutes remaining and the gentleman from Arizona (Mr. Stump) has 11
minutes remaining.
Mr. EVANS. Mr. Speaker, I yield 10 minutes to the gentleman from
Arizona (Mr. Stump), and ask unanimous consent that he be permitted to
control that time as he sees fit.
Mr. STUMP. Mr. Speaker, if the gentleman would yield, I thank him and
would say that we do need the time. I have more speakers than I
anticipated.
The SPEAKER pro tempore (Mr. Foley). Is there objection to the
request of the gentleman from Illinois?
There was no objection.
Mr. STUMP. Mr. Speaker, I yield 3 minutes to the gentleman from
Florida (Mr. Stearns), the chairman of the Subcommittee on Health.
Mr. STEARNS. Mr. Speaker, I thank the distinguished gentleman from
Arizona for yielding me this time.
Mr. Speaker, I rise in support of H.R. 3211, as amended. This bill
establishes an important policy. It provides clear specific statutory
criteria for burial at Arlington National Cemetery. In doing so, the
bill would rule out a troubling policy of granting exceptions to
eligibility rules which, until now, have been set in regulations.
As the oversight of the Committee on Veterans' Affairs has shown, the
practice of entertaining requests for waivers and exceptions at
Arlington has opened a door to inconsistency and subjectivity. I hardly
need to remind Members of the stains such practices have created.
The bill would close the door to exceptions and restore a sense of
honor to administration of this precious, precious site. Burial at
Arlington should be reserved to those with distinguished military
service. This bill would crystallize that policy. This bill codifies
key elements of the current regulations governing eligibility for
burial at Arlington. H.R. 3211 draws some hard lines, but they are
lines that need to be drawn. They include the following:
No waivers could be granted to the military service requirements for
burial. The only nonveterans eligible for burial would be the immediate
family members of those veterans eligible for burial, and Members of
Congress and other Federal officials who do not meet the military
criteria would no longer be eligible for burial at Arlington.
The Committee on Veterans' Affairs did not set this policy in place
lightly. H.R. 3211 is a product of careful, comprehensive oversight,
extensive consultation with veterans and military service organizations
and a great deal of hard work.
I am proud to be a cosponsor of this fine bill and commend my
colleagues for their fine work on this legislation.
Mr. Speaker, I have the honor to have my father buried at Arlington
National Cemetery for the work he did in the Navy and receiving the
Bronze Star in the Iwo Jima campaign. And then I have a great great
grandfather who is also buried there who has the same criteria. So it
is with a great deal of heartfelt feeling on this issue that I commend
this bill to my colleagues and I hope they will pass it.
Mr. STUMP. Mr. Speaker, I yield 3 minutes to the gentleman from
Arizona (Mr. Hayworth), a member of the committee.
Mr. HAYWORTH. Mr. Speaker, I thank the gentleman from Arizona (Mr.
Stump), chairman of our committee and dean of our delegation, who
continues to set an example in his legislative work, as he did as a
younger man in the Pacific theater in World War II.
I thank also the gentleman from Illinois (Mr. Evans), ranking
minority member of the Committee on Veterans' Affairs, for moving
forward with this legislation in such a timely manner; for, Mr.
Speaker, what we are preparing to do in this Chamber with this vote on
this legislation, for which I rise in strong support, is to restore
trust with the American people for this hallowed ground.
{time} 1500
I cannot help but notice as we look at the ground that makes up
Arlington National Cemetery that the headstones literally border the
Pentagon. And indeed decisions made there and decisions made here to
send American citizens into harm's way must always be carried out with
the utmost sobriety and seriousness, because, as General MacArthur
pointed out, ``The soldier personally loathes war the most, for it is
the soldier who quite literally has the most to lose.''
Mr. Speaker, as constituents of mine in the Sixth District of Arizona
reacted with surprise and outrage, and Mr. Speaker, I do not think
those terms are too strong to use, as revelations came forth that,
sadly, this hallowed ground was being misused with a liberal use of
waivers, what we will do with this legislation is again to state that
Arlington National Cemetery exists for the purpose of honoring our
military dead, those who have fallen in pursuing freedom, that we are
reaffirming that this hallowed ground belongs to the memory and the
remains of those who have contributed mightily, who may have fallen on
the field of battle, but who always and forever represented this
country with valor and bravery, and that we would not succumb to the
temptations and political pressures ever again of yielding any of that
ground under suspicions that it might go to the highest bidder.
This is a mission of honor and a restoration of trust, and I
appreciate the bipartisan manner in which this legislation has been
approached because, again, we set up a formula whereby if waivers are
ever to be granted, they will be granted with the full sunshine of this
Congress, representing the people constitutionally to make such
waivers, not to any back room or any regulation or waiver otherwise
granted.
Mr. STUMP. Mr. Speaker, I yield 2 minutes to the gentleman from
Indiana (Mr. McIntosh).
Mr. McINTOSH. Mr. Speaker, I want to thank the gentleman from Arizona
(Mr. Stump) and the gentleman from Illinois (Mr. Evans) for their hard
work on this bill and the bipartisan effort to bring it forward to the
House today.
I, too, was greatly disturbed, as were my constituents, by rumors
that there may have been attempts used to have Arlington Cemetery and
the privilege of being put to rest there used for political fund-
raising purposes.
My grandmother served this country as a nurse in World War I. She had
three sons, who all served this country in World War II. My father was
in the Navy as an enlisted man. My father-in-law served 30 years in the
Navy and retired as a captain. Our family takes great pride in the
service that they have offered this country.
It extends to all people, Democrats, Republicans, rich and poor, the
ability to make a sacrifice to serve this country. And Arlington is
where we honor those who have perhaps sacrificed the most in the cause
of freedom and upholding liberty in this great Nation.
[[Page H1394]]
So it is with great pleasure that I speak out in favor of this bill.
My generation wants to honor those who have sacrificed for our country
and those who will sacrifice for our country by serving in the military
in the future. This bill puts on record that all of us can come
together today and say, this has to be above politics.
Mr. Speaker, I do want to thank the chairman and the ranking member
for their hard efforts in bringing this bill to the floor.
Mr. STUMP. Mr. Speaker, I yield 2 minutes to the gentleman from
Washington (Mr. Nethercutt).
Mr. NETHERCUTT. Mr. Speaker, I thank the chairman for yielding me the
time.
Mr. Speaker, I am pleased to join the distinguished chairman of the
Committee on Veterans' Affairs and the ranking member in support of
H.R. 3211, which will do much to restore the honor of burial at
Arlington National Cemetery.
I have heard from hundreds of my constituents who are concerned that
burial at Arlington has been granted to nonveterans because of special
waivers. My constituents were equally concerned by the reluctance of
the administration to release names and details about those buried
under the waiver process. So I acted on these concerns by introducing a
bill of my own, similar to the legislation before the House today, to
ensure greater scrutiny and full disclosure of waiver requests.
H.R. 3211 requires the Secretary of the Army to maintain a register
of those buried at Arlington and requires that this register be made
available to the public. While I understand the privacy concerns that
limit the initial disclosures of waiver recipients, I also believe that
this reluctance created the unfortunate perception that the
administration was trying to hide something.
Arlington is a public cemetery, and we should have the full public
disclosure which this bill provides. I also agree with the emphasis
that this bill gives to educating veterans about Arlington. This bill
will require the Secretary of the Army to publish a pamphlet describing
eligibility requirements. Such materials are needed to reassure the
veterans community, as well as to clarify eligibility requirements.
I have heard stories of veterans awarded the Silver Star who deserve
burial at Arlington by any measure, but they do not realize they are
worthy of this honor or this opportunity. This bill corrects that
problem by providing the Secretary the materials needed to educate this
community.
This is an outstanding bill, Mr. Speaker, that corrects the
significant loopholes created by the waiver process and reaffirms our
belief that only a very honored few deserve to be buried at Arlington
National Cemetery. I urge my colleagues to support this legislation.
Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, there have been some Members that have expressed a
desire to consider language that would still provide a waiver for
Arlington, and we considered this at length in committee. I personally
oppose such language and would like to include for the record letters
from the American Legion, AMVETS, the Disabled American Veterans, the
Veterans of Foreign Wars, Vietnam Veterans of America, the Non-
Commissioned Officers Association, and the Retired Enlisted
Association, among others, that oppose such language.
Mr. Speaker, I include the following for the Record:
The American Legion,
Washington, DC, March 12, 1998.
Hon. Bob Stump,
Chairman, House Committee on Veterans' Affairs, Washington
DC.
Dear Chairman Stump: The American Legion fully supports
H.R. 3211, a bill to codify existing regulatory criteria for
burial in Arlington National Cemetery. The American Legion
believes codifying existing regulations and prohibiting any
future waiver authority is an unfortunate but necessary step
to maintain the honor and sanctity of Arlington National
Cemetery. The current waiver process is purely subjective,
inconsistent and vulnerable to political influence. Allowing
future waivers at Arlington National Cemetery would continue
this subjective and inconsistent waiver process and allow for
possible abuses by the current and future administrations.
Although the valuable contributions of non-veterans in
service to the nation and society is notable, these
individuals are not legally obligated to perform their duties
in the same manner as member of the armed forces. When
individuals don the military uniform and take the oath of
office, they lose some personal freedoms, experience undue
hardships and accept a unique standard of conduct governed by
the Uniform Code of Military Justice. Failure or refusal to
perform their assigned mission will result in criminal
proceedings that may lead to a General Court Martial and a
dishonorable discharge. Individuals serving in the civilian
government and private workforce are not legally obligated in
this same manner.
The American Legion believes Arlington National Cemetery is
clearly a cemetery operated and maintained by the Department
of the Army exclusively for military personnel, retirees,
veterans and their immediate family members. Requirements to
be buried in Arlington are strict because of the prestige,
history and special recognition of honorable military
service. If Congress truly believes someone warrants burial
in Arlington National Cemetery, it can pass separate
legislation authorizing a waiver on a case by case basis. In
light of the recent waiver abuses, The American Legion
believes H.R. 3211 is now the best alternative to protecting
the sanctity of this national military shrine.
Sincerely,
Steve A. Robertson,
Director,
National Legislative Commission.
____
Veterans of Foreign Wars
of the United States,
Washington, DC, March 13, 1998.
Hon. Bob Stump,
Chairman, Veterans' Affairs Committee, House of
Representatives, Washington DC.
Dear Mr. Chairman: The Veterans of Foreign Wars of the
United States (VFW) has already strongly endorsed your
excellent bipartisan bill H.R. 3211, the ``Arlington National
Cemetery Burial Eligibility Act.'' I again put the VFW on
record with you and your committee to clearly and concisely
state that the 2.1 million members of this organization
firmly believe no other persons should be buried at Arlington
other than those enumerated in your bill.
Thank you and all other members of your committee for the
collective concerns and efforts extended to our nation's
veterans. The VFW asks that you do the only proper and
equitable thing today regarding Arlington National Cemetery.
Please retain this piece of hallowed ground for persons who
have dedicated their lives to the military profession and/or
who were either killed while on active duty or received an
award for extraordinary heroism.
Sincerely,
John E. Moon,
Commander-in-Chief.
Disabled American Veterans,
Washington, DC, March 20, 1998.
Hon. Bob Stump,
Chairman, House Veterans' Affairs Committee, Washington, DC.
Attn: Mike Brinck.
Dear Representative Stump: This letter is to advise you
that the Disabled American Veterans (DAV) National Executive
Committee passed a resolution on March 17, 1998, supporting
legislation to preserve burial space in Arlington National
Cemetery for America's military heroes. I have enclosed a
copy of this resolution.
It is the DAV's position that, with the exception of the
President or former Presidents of the United States, burial
in Arlington should be reserved for veterans who meet the
existing criteria for burial eligibility in Arlington
National Cemetery. The DAV does not support any discretionary
waiver process that would allow for the burial of nonveterans
at Arlington National Cemetery.
Accordingly, the DAV is on record as supporting the
principles of H.R. 3211. Thank you for your continued
support.
Sincerely,
Harry R. McDonald, Jr.,
National Commander.
Enclosure.
DAV National Executive Committee Resolution
supporting legislation to preserve burial space in arlington national
cemetery for america's military heroes
Whereas, our citizens hold veterans in the highest esteem
and accord special honors to them for the unique
contributions they make in service in our Nation's Armed
Forces, and
Whereas, such honors set veterans apart because they are
bestowed only upon veterans, and
Whereas, burial in Arlington National Cemetery, our
Nation's most prestigious and hallowed national cemetery,
should be an honor reserved for America's military heroes,
and
Whereas, burials of nonveterans at the discretion of the
Secretary of the Army have brought into question not only the
application but also the wisdom of such policy, and
Whereas, the limited burial space in Arlington should not
be further depleted by burial of nonveterans, NOW
Therefore, be it resolved That the Disabled American
Veterans, National Executive Committee, meeting at Arlington,
Virginia on this the 17th day of March, 1998, goes on record
as supporting legislation to codify existing criteria for
veterans' burial eligibility and eliminating provisions for
burial of nonveterans, other than Presidents of the United
States, in Arlington National Cemetery.
[[Page H1395]]
______
AMVETS,
Lanham, MD, March 12, 1998.
Hon. Bob Stump,
Chairman, House Veterans Affairs Committee, House of
Representatives, Washington, DC.
Dear Mr. Chairman: We understand that there was some
discussion during the markup of H.R. 3211 (Arlington
Cemetery) in which committee members raised the issue of
providing authorization of waivers for burial in Arlington
National Cemetery. AMVETS adamantly opposes any waivers and
supports H.R. 3211 as it stands.
We testified to that effect in February to the House
Veterans Affairs Health Subcommittee. Arlington is a veterans
cemetery and should be reserved for those who served.
Sincerely,
Josephus C. Vandengoorbergh,
AMVETS National Commander.
______
Vietnam Veterans of America, Inc.,
Washington, DC, March 11, 1998.
Hon. Bob Stump,
House Committee on Veterans' Affairs, Cannon House Office
Building, Washington, DC.
Dear Chairman Stump: In response to some of the discussion
at the full Committee markup this afternoon, I wanted to
convey to you and the members of the Committee VVA's
perspective on the Arlington Cemetery burial criteria bill.
Recent scrutiny of the burial waiver procedures in
Arlington National Cemetery have certainly brought to light
the passion America feels for this most sacred of all
military burial grounds. The public at large, and veterans in
particular, were very alarmed at the appearance of
impropriety of the burial waiver process. What seems to have
come to light is the fact that the burial eligibility for
Arlington National Cemetery was not a matter of clear
statutory guidance. And furthermore, the waiver process was
not accessed by most veterans' families who were turned away
by the Superintendent upon initial inquiries about
eligibility. We suspect that many of these families were not
aware of a waiver process, or probably took the
Superintendent's assessment at face value and did not pursue
nor even inquire about waivers.
It certainly seems desirable to have a cut-and-dry set of
criteria outlining who may and who may not be buried in
Arlington National Cemetery. And thus, eliminating the waiver
process precludes all appearances of impropriety.
If this bill is passed, VVA is confident that Congress
could, in extraordinary circumstances, provide an exception
for individuals who do not have military service which meets
the statutory criteria, but who have demonstrated public
service which merits a distinctive burial at Arlington
Cemetery. Just as the Veterans' Affairs Committees led
Congress in the move to make Bob Hope an ``Honorary
Veteran,'' we believe a similar procedure would be possible
in specific cases. VVA would prefer that the more cumbersome
route of Congressional exemptions be implemented, rather than
having the potential for ambiguous interpretation in an
administrative waiver process.
Should there be any additional questions or concerns about
this bill or the waiver process, I would be very pleased to
clarify VVA's position further. Again, thank you for your
leadership on this issue.
Sincerely,
Kelli Willard West,
Director of Government Relations.
______
Non Commissioned Officers Association of the United
States of America,
Alexandria, Virginia, March 11, 1998.
Hon. Bob Stump,
Chairman, Committee on Veterans Affairs, House of
Representatives, Cannon House Office Building,
Washington, DC.
Dear Mr. Chairman: The Non Commissioned Officers
Association of the USA (NCOA) is writing to restate its
strong and unequivocal support for H.R. 3211, a bill that
would codify the eligibility requirements for burial at
Arlington National Cemetery.
The whole purpose of H.R. 3211 is to eliminate the
discretion and subjective determinations that have led to
questionable actions concerning Arlington. This Association
believes we should not provide even a small amount of wedge
room that likely would lead to future controversy. In our
view, the eligibility for burial at Arlington should be so
clear and explicit so as to allow the Superintendent to make
all eligibility determinations. Waiver of the eligibility
criteria must be strictly forbidden including those actions
currently authorized by the Secretary of the Army and the
President. Under current, and a proposed criteria, that
disallows burial in Arlington National Cemetery for millions
of veterans, this Association is adamantly opposed to any
further leniency in the eligibility criteria beyond that
proposed in H.R. 3211.
In NCOA's opinion, our position on this issue does not
preclude the consideration of exceptionally, compelling cases
by the Congress of the United States. Congress has taken such
actions previously and this course is clearly the way
preferred by this Association.
For your information, I have sent a similar letter to all
of your colleagues on the House Veterans Affairs Committee.
Sincerely,
Larry D. Rhea,
Deputy Director
of Legislative Affairs.
____
The Retired Enlisted Association,
Alexandria, Virginia, March 11, 1998.
To: All members of the House Veterans Affairs Committee.
The Retired Enlisted Association (TREA) is writing to
restate its strong support for H.R. 3211, a bill that would
codify the eligibility requirements for burial at Arlington
National Cemetery.
The purpose of H.R. 3211 is to eliminate the discretion and
subjective determinations that have led to questionable
actions concerning Arlington. In our view, the eligibility
for burial at Arlington should be so clear and explicit so as
to allow the Superintendent to make all eligibility
determinations. Many veterans are not allowed to be buried at
Arlington with the current regulations. Why should we allow
waivers for persons that do meet the requirements for burial
at Arlington?
In TREA's opinion, our position on this issue does not
preclude the consideration of exceptionally, compelling cases
by the Congress of the United States. Congress has taken such
actions previously and this course is clearly the way
preferred by this Association.
Sincerely,
Mark H. Olanoff,
Legislative Director.
Mr. STUMP. Mr. Speaker, I believe it would be better to investigate
the feasibility of establishing perhaps another cemetery in Washington
for the purpose of honoring Americans who have substantially
contributed to the well-being of the Nation but who do not meet the
strict military criteria for burial at Arlington. If there are Members
who are willing to pursue this avenue, I would be happy to commit to
working with the Senate in conference to achieve such a consensus.
In closing, Mr. Speaker, there are a lot of people who deserve a lot
of thanks, and I would like to thank the gentleman from New York (Mr.
Quinn), the gentleman from California (Mr. Filner), the chairman and
the ranking member of the Subcommittee on Benefits; the gentleman from
Alabama (Mr. Everett) and the gentleman from South Carolina (Mr.
Clyburn), the ranking member and the chairman of the Subcommittee on
Oversight and Investigations; and special thanks to the gentleman from
Illinois (Mr. Evans), the ranking Democrat on this committee, for all
the help he has provided in working out the differences on this bill,
and I am entirely grateful for his help.
As I mentioned before, this is a bipartisan bill and would I urge all
Members to support it.
Mr. GOSS. Mr. Speaker, Arlington National Cemetery is more than just
a place or burial for our veterans. It is a symbol of honor, respect
and American tradition. It is a tragedy when these principles are
threatened by inconsistency or irresponsibility. There has been an
outpouring of anger and suspicion in my district and elsewhere
following the accusations that Arlington waivers were being handed over
on the basis of campaign donations or political clout, rather than
meritorious service to our country. People are questioning the
integrity of those charged with overseeing the process. Today, we are
responding because our veterans deserve better.
Burial at Arlington National Cemetery shouldn't be diminished by red
tape. But if it takes some Federal legislation to protect our
commemoration of those who have sacrificed for our Nation, then passage
of H.R. 3211 is the right thing to do. It is my hope that this again
will help restore faith among our deserving veterans and the American
people by clarifying once and for all the proper standards and
procedures for burial in Arlington's sacred ground. I urge adoption.
Mr. STUMP. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. EVANS. Mr. Speaker, I have no further requests for time, I yield
back the balance of my time, and I urge my colleagues to support the
bill.
The SPEAKER pro tempore (Mr. Foley). The question is on the motion
offered by the gentleman from Arizona (Mr. Stump) that the House
suspend the rules and pass the bill, H.R. 3211, as amended.
The question was taken.
Mr. STUMP. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
[[Page H1396]]
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