[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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