[Congressional Record Volume 145, Number 46 (Tuesday, March 23, 1999)]
[House]
[Pages H1483-H1488]
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. 70) to amend title 38, United States Code, to enact into law 
eligibility requirements for burial in Arlington National Cemetery, and 
for other purposes.
  The Clerk read as follows:

                                H.R. 70

       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, United States Code.
       ``(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.
       ``(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 (which for purposes of 
     this paragraph includes any remarried surviving spouse, 
     section 2402(5) of this title notwithstanding), 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) 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.
       ``(d) 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.
       ``(e) 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.
       ``(f) 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.
       ``(g) Register of Buried Individuals.--(1) The Secretary of 
     the Army shall maintain a

[[Page H1484]]

     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.
       ``(h) 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, United States Code.
       ``(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.--(1) Section 2402(5) of title 38, 
     United States Code, is amended by inserting ``, except 
     section 2412(b)(1) of this title,'' after ``which for 
     purposes of this chapter''.
       (2) Section 2402(7) of such title is amended--
       (A) by inserting ``(or but for age would have been 
     entitled)'' after ``was entitled'';
       (B) by striking out ``chapter 67'' and inserting in lieu 
     thereof ``chapter 1223''; and
       (C) by striking out ``or would have been entitled to'' and 
     all that follows and inserting in lieu thereof a period.
       (e) Effective Date.--(1) Except as provided in paragraph 
     (2), 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.
       (2) In the case of an individual buried in Arlington 
     National Cemetery before the date of the enactment of this 
     Act, the surviving spouse of such individual is deemed to be 
     eligible for burial in Arlington National Cemetery under 
     subsection (b) of such section, but only in the same 
     gravesite as such individual.

     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

       ``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) 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) Conforming Amendment.--Section 11201(a)(1) of title 46, 
     United States Code, is amended by inserting after 
     subparagraph (B), the following new subparagraph:
       ``(C) Section 2413 (relating to placement in the 
     columbarium in Arlington National Cemetery).''.
       (d) Effective Date.--Section 2413 of title 38, United 
     States Code, as added by subsection (a), and section 
     11201(a)(1)(C), as added by subsection (c), 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 (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).


                             General Leave

  Mr. STUMP. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 70.
  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. STUMP asked and was given permission to revise and extend his 
remarks.)
  Mr. STUMP. Mr. Speaker, H.R. 70, the Arlington National Cemetery 
Burial Eligibility Act, is an important bill that is strongly supported 
by veterans and their service organizations.
  Except for a few minor changes, this bill is identical to H.R. 3211 
which was passed unanimously by this House in March of 1998. The bill 
codifies many of the current regulations governing eligibility for 
burial in the cemetery and placement in the columbarium.
  H.R. 70 would allow no waivers for burials at Arlington National 
Cemetery. It also eliminates eligibility for high-ranking government 
officials who are veterans but who do not meet the military service 
requirements of H.R. 70.
  I want to express my appreciation to the gentleman from Illinois (Mr. 
Evans) for his efforts on this bill, Mr. Speaker. We had some 
difficulty in

[[Page H1485]]

scheduling a hearing and a markup at the subcommittee level and I 
appreciate the gentleman's cooperation in getting the bill through the 
Committee on Veterans' Affairs as quickly as we did.
  Mr. Speaker, I reserve the balance of my time.
  Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume. I 
rise in strong support of H.R. 70. As a former Marine and as a member 
of the Committee on Veterans' Affairs since 1983, I know that Arlington 
Cemetery is sacred ground. Last year, however, the General Accounting 
Office told us that the eligibility requirements for burial at 
Arlington needed clarification. H.R. 70 addresses these concerns.
  It would remove the ambiguity and guesswork from the eligibility 
process for burials at Arlington. Additionally, and this is very 
important, the bill would make it easier for the American people to 
understand the requirements of burial at our Nation's most revered 
cemetery. This is an excellent piece of legislation and I urge my 
colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STUMP. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New York (Mr. Quinn) who is the chairman of our 
Subcommittee on Benefits.
  Mr. QUINN. Mr. Speaker, I thank the gentleman for yielding me this 
time. I would like to remind all of my colleagues that this is a bill 
that we looked at last year, indeed passed, and we are back at it again 
this year.
  I want to point out that H.R. 70 is intended to bring order to the 
process of being buried at Arlington National Cemetery. As my 
colleagues will recall, similar legislation passed the House late last 
year by a vote of 412-0. Unfortunately, the Senate did not act on the 
bill prior to the 105th Congress adjourning.
  To refresh the memories of returning Members and to explain the 
bill's intent to our newer colleagues, H.R. 70 would codify, with 
exceptions I will discuss shortly, existing regulatory eligibility 
criteria for burial at Arlington National Cemetery. Other than the 
persons specifically enumerated in the bill, no other person could be 
buried at Arlington. In general, eligible persons would include the 
following: Members of the Armed Forces who die on active duty; retired 
members of the Armed Forces, including Reservists who served on active 
duty; former members of the Armed Forces who have been awarded the 
Medal of Honor, Distinguished Service Cross, Air Force Cross or Navy 
Cross, Distinguished Service Medal, Silver Star, or the Purple Heart; 
also, former prisoners of war would be eligible; the President of the 
United States or any former President; members of the Guard/Reserves 
who served on active duty and are eligible for retirement but who have 
not yet retired; and the spouse, surviving spouse, minor child and at 
the discretion of the Superintendent of Arlington, unmarried adult 
children of those eligible categories I mentioned above.
  The bill, H.R. 70, would eliminate the current practice of granting 
eligibility to Members of Congress and other high-ranking government 
officials who are veterans but who do not meet the distinguished 
military service criteria I just outlined. I want to point out, 
however, that Congress could at any time on a case-by-case basis enact 
a resolution on behalf of an individual whose accomplishments are 
deemed worthy of the honor of being buried at Arlington National 
Cemetery.
  The bill also codifies existing regulatory eligibility standards for 
interment of cremated remains in the columbarium at Arlington. 
Generally, this includes all veterans with honorable service and their 
dependents, those that meet the requirements for burial in a VA 
national cemetery already.
  Finally, the bill clarifies that only memorials honoring military 
service or events may be placed at Arlington and also establishes a 25-
year waiting period for such memorials and their erection.
  Mr. Speaker, Arlington National Cemetery is running out of space. 
Last year the subcommittee and about a dozen of our Members scheduled a 
visit to Arlington to see firsthand and in person the crowded 
conditions that exist. With the veteran population declining by 8 
million through the year 2002, Arlington officials estimate the 
cemetery could be full by the year 2025. H.R. 70 is an excellent bill. 
I urge my colleagues to support it in a bipartisan fashion.
  I would also like to thank the gentleman from Arizona (Mr. Stump) and 
the gentleman from Illinois (Mr. Evans) for their leadership on this 
issue.
  Mr. EVANS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. Filner).
  Mr. FILNER. Mr. Speaker, we have before us a bill that has come to us 
because of certain abuses that occurred in the granting of waivers. We 
asked the GAO, the Government Accounting Office, to look at that, and 
they confirmed that although the political abuses of waivers for burial 
at Arlington that were alleged did not occur, that most of these 
allegations were unfounded, there was a real need to clarify and write 
into law the eligibility rules for burial at Arlington National 
Cemetery. Up to a point, H.R. 70 does that very well and responds to 
GAO's concerns that standards for waivers have been inconsistently 
applied throughout the years. I am concerned, as are several members of 
the Committee on Veterans' Affairs, that this bill provides no 
realistic opportunity for our country to honor those unique Americans 
whose contributions are so extraordinary that burial at Arlington 
Cemetery would be entirely fitting.
  When the full committee marked up H.R. 70 last week, I offered an 
amendment to give the Secretary of the Army the authority to approve 
the burial of those rare and special individuals whose contributions 
inspire our Nation and honor them in this way. Let me just remind the 
House about those people who are now buried at Arlington that would not 
be allowed to under this legislation.
  We could not have honored Detective John Gibson, a member of the 
Capitol Hill police force who was killed in the line of duty last 
summer. We could not have honored Senator Robert Kennedy in this way; 
nor could we have honored Chief Justice of the Supreme Court Warren 
Burger or Associate Justice Thurgood Marshall, just to name a few.
  The gentleman from New York (Mr. Quinn) talked about the potential of 
a congressional resolution, I mean, talked about introducing politics 
into this process. I suggested an amendment which would regularize that 
process, allow the publication of any waivers that were requested by 
the Secretary and try to regularize that. I think, and I hope, that the 
other body when we go to conference will be able to design such a 
waiver procedure that satisfies the very legitimate concerns that have 
been raised regarding waivers.
  Mr. Speaker, I noted that the gentleman from Arizona talked about the 
support of veterans groups for this measure and one of the reasons 
behind bringing this up at this point in time. When we in our committee 
on March 11 considered our budget request to the Committee on the 
Budget, the veterans service organizations of this Nation had proposed 
what they called an independent budget, an independent budget which 
gave $3 billion more than the President did to satisfy our contract 
with our Nation's veterans. Unfortunately, this independent budget, 
which went beyond the chairman's recommendations and the majority's 
recommendation by $1.3 billion, was not even allowed to be voted on in 
our committee. We were not afforded the opportunity to vote on a budget 
supported by our Nation's veterans organizations. This budget, which 
was supported by the Democrats on the committee, tried to offset the 
unjustified low budget that the administration provided for the year 
2000. We tried to say that the VA health care system was drastically 
underfunded and in danger of actual collapse. We tried to say that the 
GI bill was far short of realistic needs and failing as a readjustment 
benefit. We tried to say that desperately needed staffing increases 
included in this budget appeared to be phony, little more than 
transparent shell games. We tried to say that the national cemetery 
system has been underfunded for years and the money needed for basic 
repairs and upkeep was unavailable and we are not meeting our 
commitment to our Nation's veterans. Veterans were wronged by the 
administration budget, they were

[[Page H1486]]

wronged by the majority on the Committee on Veterans' Affairs 
submission to the Committee on the Budget, and they were wronged by the 
budget resolution that is coming to us this week.
  I ask that this House, in recognition of our Nation's veterans, in 
recognition of the brave men and women who we are honoring by this H.R. 
70 today which says that only those who deserve to be buried in 
Arlington should be, as an honor to those brave men and women who are 
buried at Arlington, we should not vote for this budget resolution that 
is being brought to us this week. It drastically underfunds the 
veterans budget. The health care system that the VA has provided for 
our Nation's veterans is in danger of going under. We should vote down 
the budget resolution when it comes before us because of its failure to 
provide for our Nation's veterans.
  Reluctantly I ask that H.R. 70 be approved today, but I hope that it 
is improved in the Senate.

                              {time}  1130

  Mr. STUMP. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Florida (Mr. Stearns), the chairman of our Subcommittee 
on Health.
  Mr. STEARNS. Mr. Speaker, I thank the distinguished gentleman from 
Arizona, and I would just say as a quick comment before I start my 
statement, to the gentleman from California (Mr. Filner) a good friend 
who I respect, that his complaints about the veterans' budget should 
have been made to the President of the United States because the 
President provided a budget that was underfunded, as the ranking member 
of our Committee on Veterans' Affairs said of the Veterans budget, it 
is a house of cards, and both he and I know that all during the 
testimony that all of us felt that the budget was inadequate. I hope in 
the future that the gentleman from California (Mr. Filner) will take 
the time to sit in the Cabinet office and explain to Mr. Togo West, who 
is the Secretary of Veterans, how important it is to provide a budget 
that is properly funded. When the Secretary presents a budget to us all 
we should do is add or amend and not have to take a whole new rigorous 
approach and add more money like we did in our Veterans Committee.
  So I compliment the gentleman from Arizona (Mr. Stump) for taking the 
initiative in the face of many people in this House who think that our 
veterans are a declining population and they do not need additional 
services.
  But I rise, Mr. Speaker, in strong support of H.R. 70, and commend 
our chairman for his leadership in tackling this question surrounding 
burial at the Arlington National Cemetery. The legislation we take up 
was developed on a bipartisan basis to set clear eligibility standards 
for burial at this hallowed national military cemetery. The House took 
up and passed a very similar bill in the last Congress. It is 
important, however, that the record be clear on what prompted that 
legislation.
  Arlington Cemetery was created for one reason, to honor the memory of 
those who died as a result of their military service. Yet, as an in-
depth Committee on Veterans' Affairs' investigation disclosed, there 
have been two possible routes to burial at Arlington. One route was to 
meet strict eligibility rules. The other was through the grant of a 
waiver or exception. The use of waivers has allowed burial of the 
remains of individuals who never even served in the military.
  The waiver practice not only runs afoul of Arlington's historic 
roots, but it invites inconsistencies, favoritism and inequities. The 
waiver process has been a path for the very privileged and the well 
connected. Such a practice is not only intolerable in itself, but each 
exception deprives future survivors of a military burial at Arlington 
for their loved ones. The sad fact is that Arlington will run out of 
space for in-ground burials by the year 2025 unless it is expanded.
  So, Mr. Speaker, it is altogether fitting, therefore, that this bill 
eliminate the waiver exception and codify appropriate standards.
  Despite our committee's long work on this subject and a 412 to 0 vote 
on the 105th Congress, there are a few on the other side who said they 
want to amend this bill or change this bill, and perhaps in a way it is 
sort of a turnabout from that 412 to 0 vote we had in the 105th 
Congress. As they proposed, it would allow burial at Arlington for 
anyone whose act, service or contribution to the United States are 
extraordinary. That is what they would like to do. ``Extraordinary'' is 
the word they use over and over again.
  Now ``extraordinary'' can mean a lot of different things to a lot of 
people. For example, I mean just to take an exaggerated example, Tom 
Brokaw wrote a great book that is at the top of the New York Times best 
sellers' list about the heroic acts of World War II. Would he, if this 
book was very popular, be allowed because of extraordinary achievement 
in the journalistic world? And, to take another exaggerated example, if 
Madonna who went around and entertained veterans hospitals for many 
years, would she be allowed because of extraordinary service? Or even 
Steven Spielberg, could he be buried at Arlington because of a future 
Private Ryan movie?
  So, I think, as my colleagues know, those exaggerated examples show 
that this ``extraordinary'' status that is included in their language 
is really sort of a turnabout from what we are trying to specify here 
today.
  So, Mr. Speaker, in conclusion I urge support for codifying the 
current eligibility requirements as proposed in H.R. 70. They do not 
consider how famous a veteran was, and frankly, Mr. Speaker, they 
should not. Our country can find other means to honor those who make 
great contributions in the sciences, the arts, the letters, the 
politics, the sports and other fields, no matter how extraordinary they 
may be. But Arlington, Arlington Cemetery belongs to our veterans, and 
we should keep it that way.
  Mr. EVANS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Arkansas (Mr. Snyder).
  Mr. SNYDER. Mr. Speaker, last year I was one of the people that voted 
for this bill. We had had lengthy discussions at the committee about 
it, and I was part of the subcommittee, part of the investigation. The 
gentleman from New York (Mr. Quinn) and I went out and visited 
Arlington, and I voted for the bill the last time. I was one of the 412 
to 0 that supported it because I thought we had assurances that there 
was going to be done, some work was going to be done on the bill to 
improve it.
  The deal was some of the concerns that had been brought up. But we 
have now come almost, I guess, a year and a half or 2 years later, a 
year later certainly, and no work has been done, and the arguments are 
the same, and we have learned now two different things:
  Number one, we have learned that the bill died on the Senate side. 
They did not take up the bill, I think because of concerns that have 
been expressed by the gentleman from California (Mr. Filner) and some 
others that there is not wiggle room in this bill to allow for those 
extraordinary events that occur. The other thing that has occurred is, 
this last year, is the terrible tragedy that we had with the shooting 
of two of the Capitol Police officers, and one of them under this bill 
clearly would not qualify for burial at Arlington, and I know of very, 
very few people in this Nation who do not believe that Officer Gibson 
deserved burial at Arlington Cemetery for giving his life to protect 
every American who was in the Capitol that day and plans on coming to 
the Capitol, to protect this shrine of democracy.
  So that is the problem I have with this bill this year. We have not 
learned from the events of the last year, and I think this is something 
that good faith people can work on.
  Now the alternative we have been given under the language of this 
bill is that legislation could be passed. But we all know there are 
going to be situations that will occur when Congress is not in session, 
when we are in the August recess, when it is a week before a campaign 
and there has been a terrible tragedy. There is not going to be a 
special session of Congress called to deal with it.
  Beyond the inconvenience and the problems of dealing with a family in 
a 3- or 4-day period of time when we are not in session is just the 
whole idea of thinking about dealing with a bill that has been filed 
with 10 cosponsors to open up Arlington to a specific member. Are my 
colleagues going to be the people that step forward and say, ``I am

[[Page H1487]]

going to vote against that family. They were not heroic enough.'' I do 
not think that is the kind of legislation that we are going to want to 
deal with down the line, so I personally think that legislation is an 
unsatisfactory resolution.
  Another aspect of the bill I have problems with that we did not talk 
about much during committee is the fact that monuments in Arlington 
under this bill will be limited to military events only. That means 
that the monument that is there now for Challenger, for the Challenger 
disaster, the space shuttle disaster, under the language of this bill 
we could have no future monuments like that because the NASA mission is 
not a military event. I think that is unfortunate. I think the people 
that were in the space shuttle were clearly heroic folks.
  In conclusion, I do not fault the intent of this bill. I think, as my 
colleagues know, to codify this, to make these rules known to people 
out in America, what it means to be buried at Arlington, I think that 
is a noble effort. The problem I have is we have not done the work on 
this side and we are going to turn our problem over to the Senate side. 
We are going over there saying we know this bill needs work, we have 
not figured out in 2 years how to do it, and we are going to say that 
we are satisfied sending the bill over knowing that there are American 
heroes down the line that we will want to have in Arlington that will 
not be eligible under the language of this bill, and I do not think 
that is what the House of Representatives ought to do.
  Mr. QUINN. Mr. Speaker, will the gentleman yield just for the 
purposes of discussion on the floor?
  Mr. SNYDER. I yield to the gentleman from New York.
  Mr. QUINN. I want to, just for the record, Mr. Speaker, state that I 
share some of the same frustrations that my colleague shares. In fact, 
I think we agree on a great portion of the bill, H.R. 70, that we are 
looking at today. But I want to point out that between the last vote of 
412 to 0 and today we did not have no discussion, we just did not reach 
agreement on some of the points that we are still stuck at today. There 
was some discussion, not a whole lot of it in between, but there was 
some discussion that took place.
  I also want to say to my colleague, as I have said to the 
subcommittee and full committee and will say to the Members of the 
House, I share that same frustration about the timing of trying to make 
some kind of waiver happen for those extraordinary circumstances. So I 
disagree a little bit with my good friend and colleague, the gentleman 
from Florida (Mr. Stearns) on our side that there may be some 
extraordinary circumstances. In the case of Officer Gibson, for 
example, we could have taken care of that, so to say that we could have 
not allowed Officer Gibson to be buried there is not exactly correct 
because we were back in session the following week or so, so that could 
have happened. In the case of Senator Kennedy, I am not sure and was 
not around. We have to check, if it was important, to see the schedule.
  I am concerned, though, about the point my colleague brings up about 
timing and how we would deal with that kind of situation if we were not 
in session, if the Congress was out for a month or two or whatever that 
happens to be. I think the gentleman from Arkansas is correct. I think 
there are some circumstances when that may happen, and I also do not 
want to rule out the possibility that at some point in time others 
besides us might make that decision.
  I do not have an answer for my colleague this morning, Mr. Speaker. I 
just want to say that I still share some of those frustrations with 
him, and I do not know if we are going to vote on this, I think shortly 
or later on today, to not hold it up, to try to find a way when we go 
to conference with the Senate, if there are some Members over there 
that feel strongly enough about it, I would not rule out some more 
discussion, I guess.
  Mr. Speaker, I thank the gentleman for having yielded.
  Mr. SNYDER. Reclaiming my time, if I might, I had hoped that we could 
have had these discussions at the subcommittee level, but it got snowed 
out in one of the great late winter snowstorms of 1999, but it was not 
rescheduled, and that is part of my frustration today. We immediately 
went to the full committee. That, in my opinion, did not allow for the 
kind of discussions that need to occur at the subcommittee level to 
improve the bill.
  Mr. STEARNS. Mr. Speaker, will the gentleman yield for a question?
  Mr. SNYDER. I yield to the gentleman from Florida.
  Mr. STEARNS. Mr. Speaker, the gentleman from Arkansas talked about 
his desire to have it amended or changed to put in place the words 
``acts or service of extraordinary service.''
  Mr. SNYDER. If I may reclaim my time, Mr. Speaker, I did not speak 
about that today. I do not know that that is the option that the 
gentleman from California (Mr. Filner) presented at the subcommittee 
level. I think there are--there are several possibilities.
  For example, one possibility maybe should include, as my colleagues 
know, maybe twice a year, once a year, formal accounting, as my 
colleagues know, where we call up Arlington here to outline and discuss 
for us all the waivers this last year.
  Another option ought to include, I think, an immediate public 
notification.
  Another option may be that the Secretary of the Army could grant 
waivers after consultation with the ranking member and chairman of the 
Committee on Veterans' Affairs.
  Another option may be to have some kind of formal notification list; 
as my colleagues know, fax numbers of all the VSOs and the subcommittee 
chairs and ranking members.
  As my colleagues know, at 10 p.m. on a Saturday night the Secretary 
of the Army issued a waiver for this person. That kind of constant 
public scrutiny may deal with some of the concerns that we have had. So 
do not hang them on that particular there.
  Mr. STEARNS. If the gentleman would yield just for another point, the 
point I was going to try to make in this discussion is we have never 
mentioned the word ``heroics,'' as my colleagues know. We are talking 
about individuals that had heroic behavior in the service, and I think 
we should recognize that is the purpose and the value of Arlington 
Cemetery, is to recognize people who have extraordinary heroic 
behavior.
  So that is the point I wanted to make, and I thank that gentleman for 
having yielded.
  Mr. SNYDER. If the gentleman from Florida is offering that as 
amendment for extraordinary heroic behavior as a waiver, I think I can 
speak for the ranking member, we would accept that amendment.
  Did I misunderstand the gentleman, Mr. Speaker?
  Mr. EVANS. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Filner).
  Mr. FILNER. Mr. Speaker, our intention is today, should be and is 
focused on the heroic actions of those buried at Arlington National 
Cemetery, but I thank the gentleman from Florida (Mr. Stearns) for 
bringing up the budget and also for his nomination to the President's 
Cabinet. I thank the gentleman, Mr. Stearns, but I wish we would have 
had this debate at the committee. As my colleagues know, we were not 
allowed to. And Mr. Stearns' criticism of the presidential budget is 
well founded, but that is history. The President made his suggestion. 
It is Congress' turn now.
  Mr. Speaker, my colleague can yell at the President all he wants, as 
I have, but now the gentleman is accountable, and I am accountable, and 
this Congress is accountable by law and by Constitution for the budget.

                              {time}  1145

  The gentleman voted for a budget which went $1.9 billion above the 
President's. We offered an amendment to go $3.2 billion above the 
President's. That was not just dollars. It was to maintain the 
integrity of the VA health care system and other benefit systems. So 
the gentleman voted for the $1.9 billion, not for the $3.2 billion.
  The Republican budget that has come onto the floor this week, I think 
goes about $.9 billion above the President's. If the gentleman votes 
for that, that is his budget. It is not the President's anymore. It is 
the gentleman's and it is $2.3 billion below what the VSOs, the 
veterans service organizations, have suggested.
  I say to the gentleman and I will say to the House later this week, 
if the

[[Page H1488]]

gentleman votes ``yes'' for that budget resolution he is supporting a 
budget which is insufficient for veterans and the Veterans 
Administration. It undermines our contract with our Nation's veterans.
  The gentleman now has an opportunity to stop yelling at the President 
and take responsibility for his vote, and I ask the gentleman, if he 
thinks that that budget is too low, as he says the President's was, 
vote ``no'' on the budget resolution. Join me in my recommittal motion 
which will ask for the independent budget's figure to be added to our 
budget resolution.
  Mr. EVANS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to thank the gentleman from Illinois (Mr. 
Evans), the ranking member of the full committee, for the cooperation 
and the hard work he has done on this bill, as well as my two 
subcommittee chairmen, the gentleman from New York (Mr. Quinn) and the 
gentleman from Florida (Mr. Stearns). They have put in an extraordinary 
amount of time.
  I do not want to leave the impression that we have not worked on this 
bill since last year, as someone mentioned. We have worked a lot on 
this bill. We have made some technical changes. I have conferred with 
my counterpart, the chairman of the VA committee on the Senate side, 
and I think we had an excellent time.
  Unlike last year, we kind of ran out of time, an election year, end 
of session. There simply was not enough time to work these differences 
out. I believe that will happen this time, Mr. Speaker, and I am going 
to see that it does, if it is within my power.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Goodlatte). 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. 70.
  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 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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