[Congressional Record Volume 148, Number 100 (Monday, July 22, 2002)]
[House]
[Pages H5013-H5017]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARLINGTON NATIONAL CEMETERY BURIAL ELIGIBILITY ACT
Mr. MORAN of Kansas. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 4940) 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. 4940
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)(A) Any retired member of the Armed Forces.
``(B) Any member or former member of a reserve component of
the Armed Forces--
``(i) who served on active duty;
``(ii) who was honorably discharged from such active duty
service;
``(iii) who, at the time of death, was under 60 years of
age; and
``(iv) who, but for age, would have been eligible at the
time of death for 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.
``(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.
[[Page H5014]]
``(6) Any member of a reserve component of the Armed Forces
who dies in the performance of duty while on active duty for
training or inactive duty training.
``(7) 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.--(1) Eligibility for burial of remains in Arlington
National Cemetery prescribed under this section is the
exclusive eligibility for such burial.
``(2)(A) In the case of an individual not otherwise
eligible for burial under subsection (a) whose acts, service,
or contributions to the Armed Forces are so extraordinary as
to justify burial in Arlington National Cemetery, the
President may deem such individual eligible for burial under
subsection (a).
``(B) If the President deems an individual eligible for
burial in Arlington National Cemetery under subparagraph (A),
the Secretary of the Army shall immediately notify the
chairmen and the ranking members of the Committee on
Veterans' Affairs of the Senate and House of Representatives.
``(C)(i) Except as provided in clause (ii), the authority
under subparagraph (A) may not be delegated.
``(ii) The President may only delegate the authority under
subparagraph (A) to the Secretary of the Army.
``(f) Application for Burial.--(1) A request for burial of
remains of an individual in Arlington National Cemetery shall
be made to the Secretary of the Army or to any other Federal
official that the Secretary of the Army may specify.
``(2) The Secretary, or other Federal official, may not
consider a request referred to in paragraph (1) that is made
before the death of the individual for whom burial in
Arlington National Cemetery is requested.
``(3) The President, or the Secretary, as the case may be,
may not consider a request to deem an individual eligible for
burial in Arlington National Cemetery under subsection (e)(2)
that is made before the death of the individual for whom
burial in Arlington National Cemetery is requested.
``(g) 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, 2002, 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 Amendment.--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''.
(e) Conforming Repeal.--Section 1176 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 38 U.S.C. 2402 note) is repealed.
(f) 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;
[[Page H5015]]
``(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 to
carry out sections 2 through 4.
SEC. 6. APPLICATION OF DEPARTMENT OF VETERANS AFFAIRS BENEFIT
FOR GOVERNMENT MARKERS FOR MARKED GRAVES OF
VETERANS AT PRIVATE CEMETERIES TO VETERANS
DYING ON OR AFTER SEPTEMBER 11, 2001.
(a) In General.--Subsection (d) of section 502 of the
Veterans Education and Benefits Expansion Act of 2001 (Public
Law 107-103; 115 Stat. 994; 38 U.S.C. 2306 note) is amended
by striking ``the date of the enactment of this Act'' and
inserting ``September 11, 2001''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the enactment of such
section 502.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kansas (Mr. Moran) and the gentleman from Mississippi (Mr. Shows) each
will control 20 minutes.
The Chair recognizes the gentleman from Kansas (Mr. Moran).
Mr. MORAN of Kansas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, for the American people, Arlington National Cemetery is
a special place honoring our military heroes. This national shrine has
a fascinating history that began even before land began to be used as a
national cemetery near the end of the Civil War. Arlington mansion was
originally the home of Martha Washington's grandson, George Washington
Parke Curtis. His son-in-law, Robert E. Lee, lived there prior to the
Civil War, and when the Civil War began, the Federal Government
confiscated the estate for use as a fortification to protect
Washington, D.C.
As the decades passed, famous military leaders were buried in
Arlington. President Taft was buried there, and the cemetery's prestige
continued to grow. With the Arlington burial of President Kennedy in
1963, the cemetery became the one of the most visited places in the
Washington area, and the pressure increased for interments in its
limited space. Arlington's interment rate rose so quickly that if
burial eligibility had not been restricted, the cemetery would have
been full by 1968. Arlington today has a capacity of 243,373
gravesites, with only about 32,000 gravesites remaining as available.
All national cemeteries except Arlington are under the jurisdiction
of the Department of Veterans Affairs. As a result of its unique
history, Arlington is under the jurisdiction of the U.S. Army.
Mr. Speaker, unlike all other national cemeteries, Arlington's
eligibility is governed by Army regulations, not by statute. Our
country is again in a war we did not seek. Our troops are in distant
lands answering the September 11 attack by terrorists who threaten our
freedom and our way of life. And I believe the time is right for
Congress to codify the eligibility for burial in our preeminent
military cemetery. Mr. Speaker, our bill to codify eligibility should
not be taken as an implicit dissatisfaction with the Army's stewardship
of Arlington. We think the Army is doing a very good job and we have
every confidence in the Army's ability to run and manage Arlington in
the future.
Mr. Speaker, H.R. 4940 is similar to measures that have already
passed the House in the previous two Congresses. However, there are a
couple of important differences between the Arlington National Cemetery
Burial Eligibility Act and those two previous measures. Our friend and
the former chairman of the Committee on Veterans' Affairs, the
gentleman from Arizona (Mr. Stump), included a provision authorizing
the President to waive the strict criteria set out in the bill to allow
burial at Arlington National Cemetery of persons whose acts, service,
or contributions to the Armed Forces are so extraordinary as to justify
burial at this hallowed ground.
In addition, H.R. 4940 contains provisions that the House approved
last year in separate legislation that our full committee chairman, the
gentleman from New Jersey (Mr. Smith), offered following the tragedies
of September the 11th. Those provisions contained in H.R. 3423 and
included again now in H.R. 4940 would change the burial eligibility in
two respects for members of our reserve forces. First, it would extend
burial eligibility to reservists and Guardsmen who, but for their age,
would have qualified for retirement pay and therefore have been
eligible for Arlington. Such was the case with Captain Charles
Burlingame, the pilot on the American Airlines flight 77 that crashed
into the Pentagon. Fortunately, he was granted a waiver and was given
the honors he had earned, but should other families be in such a
position, this change would ensure that they would not have to seek
waivers in their time of grief.
The second provision would authorize burial for reservists and
Guardsmen who die in the performance of training duties. This provision
recognizes that much of our Nation's defense is dependent upon reserve
forces who must continually update their skills. Members of the Armed
Forces who die in service to our Nation, regardless of the
technicalities of their duty status, deserve the same burial honors.
The balance of this bill is very similar to previous measures sponsored
by the gentleman from Arizona (Mr. Stump) codifying eligibility of
veterans and family members in a manner consistent with the existing
Army burial regulations.
Mr. Speaker, I urge all of my colleagues to support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. SHOWS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank the chairman, the gentleman from New
Jersey (Mr. Smith), and the ranking member, the gentleman from Illinois
(Mr. Evans), as well as the chairman of the Subcommittee on Benefits,
the gentleman from Idaho (Mr. Simpson) for moving forward with
consideration of H.R. 4940.
This legislation was introduced by the former chairman of the House
Committee on Veterans' Affairs, the gentleman from Arizona (Mr. Stump).
He has worked tirelessly to codify eligibility for burial at Arlington
National Cemetery. This bill is similar to other measures which have
passed the House in prior sessions of Congress. To address the
increasing demand for burial space at Arlington National Cemetery, the
Arlington National Cemetery Burial Eligibility Act would clarify and
codify the requirements for burial in what is considered by many to be
our most revered national cemetery.
A manager's amendment to the bill will change the effective date for
providing a suitable marker to honor the graves of those who are buried
in marked as opposed to unmarked graves. Under Public Law 107-103,
veterans who die after December 27, 2001, may receive an appropriate
Government marker to recognize their service to our Nation. Under the
manager's amendment, markers may be provided
[[Page H5016]]
to veterans who died on or after September 11, 2001. It is only fitting
that this honor be provided to those brave American veterans who lost
their lives in the terrorist attack on the United States. I support
this bill and I urge my colleagues to vote in favor of the bill as
amended.
Mr. Speaker, I reserve the balance of my time.
Mr. MORAN of Kansas. Mr. Speaker, I yield 3 minutes to the gentleman
from Florida (Mr. Jeff Miller).
Mr. JEFF MILLER of Florida. Mr. Speaker, I thank the gentleman for
yielding me this time, and I thank the gentleman from New Jersey
(Chairman Smith) and the ranking member, the gentleman from Illinois
(Mr. Evans) for bringing this bill to the floor today, in addition to
their steadfast commitment to our military veterans.
I would also like to recognize and thank the gentleman from Arizona
(Chairman Stump) for his continued commitment to preserving the
original intent of Arlington National Cemetery as a national military
cemetery, as well as unwavering support for our men and women in
uniform.
Mr. Speaker, H.R. 4940, the Arlington National Cemetery Burial
Eligibility Act, would codify eligibility criteria for burial at
Arlington in order to ensure it remains the premier resting place for
those who dedicated their lives to our Armed Forces.
The bill incorporates the provisions of previous Arlington bills
which have passed this House in both the 105th and 106th Congress. The
bill also incorporates language included in H.R. 3423, introduced by
Chairman Smith, which passed the House last December.
H.R. 4940 contains a significant change to the Arlington bills
approved in the House in the past two Congresses. Today's bill includes
language extending to the President the authority to grant a burial
waiver to an individual who does not otherwise meet the military
service criteria for burial, but has made extraordinary contributions
to our Armed Forces.
The final section of the bill would make retroactive to September 11,
2001, VA's authority to provide a bronze marker to those families who
request a government headstone or marker for the already-marked grave
of a veteran interred at a private cemetery. Previous language
authorizing this bronze marker was considered by the House last year,
and is now incorporated in Public Law 106-103. That particular
provision went into effect in December 27, 2001, and I would like to
recognize the gentleman from Illinois (Mr. Shimkus) for his work on
this issue.
Mr. Speaker, I urge my colleagues to support H.R. 4940 and look
forward to working with the other body to ensure that this bill becomes
law this year.
Mr. SHOWS. Mr. Speaker, I yield 6 minutes to the gentleman from
Arkansas (Mr. Snyder).
Mr. SNYDER. Mr. Speaker, I thank the gentleman from Mississippi for
his work on this issue, and the gentleman from Kansas also.
Mr. Speaker, I rise in opposition to this bill, but let me say from
the very beginning that I have no expectation of this bill being
defeated today. It will pass overwhelmingly, as it has twice before in
the last two sessions. But I continue to believe there are problems
with this bill that jeopardize it being taken up by the Senate, as has
happened with the last two versions.
What problem are we trying to solve here? What problem led to this
bill being brought up in the first place? It is not September 11 and
the events of September 11.
The first version of this passed in 1999 on the House floor. As you
all may recall, in a very ugly incident, we had an ambassador who
passed away who had qualified as a veteran under the Army regulations
that govern Arlington. His family requested that he be buried at
Arlington, and he was. It turned out that his record as a Merchant
Marine that qualified him as a veteran status could not be verified.
I think the conclusion of most people who have looked at these facts,
without question, is that for years this man had been telling,
unfortunately, stories that were not true about his past record with
the Merchant Marine. He was subsequently exhumed from Arlington at the
family's request and no longer resides at Arlington. That is the
incident that led to these discussions and these bills.
In my opinion, as the gentleman from Kansas indicated, the Army has
ably handled the management of this very special resting place very
ably by regulation. But, in my opinion, in attempting to solve this
problem, the underlying bill creates new problems and changes the
nature of Arlington National Cemetery as the final resting place of the
honored dead of a nation of citizen soldiers, people who not only
served their Nation as soldiers in the military, but later in other
ways served their Nation honorably and well.
What are the problems with the bill? There are three. First of all,
both the bill and current regulation provide for the President to be
listed in the bill. The President can be buried and former Presidents
buried at Arlington.
Other positions under current law are also eligible. So if there is a
person who is a veteran who has been subsequently vice president, or
who is a veteran and subsequently a member of the Supreme Court, or is
a veteran and a member of the House or Senate who served their country,
they also can be buried in Arlington.
Under this bill, even if the Vice President or the Chief Justice of
the Supreme Court or the Speaker of the House are veterans, they are
not eligible for burial at Arlington, even if they are veterans.
Then you say but there is a waiver provision in this bill. Let us
discuss the waiver provision, which I think is the second problem with
this bill.
Under current regulations, if a person does not qualify under the
regulations for burial at Arlington, the family can request a waiver
from the current regulations. It specifically talks about providing
information about military service and/or service to the Nation. Those
exact words, ``service to the Nation.''
Under the language of this bill, H.R. 4940, the President can only
issue a waiver if the person has provided acts, service and
contributions to the armed services, to the Armed Forces, not to the
Nation, not to the United States, not in defense of the United States,
but only to the Armed Forces. Even the President would not have the
authority under this bill to grant a waiver in extraordinary
circumstances in which somebody may have died in service to their
Nation, but not in service to the Armed Forces. I think that is a
tremendous oversight.
The third problem. On page 13 of the bill there is a limitation
placed in the bill on monuments. It specifically states that there can
only be monuments placed in Arlington to a military event or to
specific military groups and individuals.
That sounds all right. What is wrong with that? Well, if you go out
to Arlington, you can find monuments out there that under this bill
that we are considering today would not be allowed. What are they? One
is to the Challenger disaster, in which we lost an entire space shuttle
crew in a very dramatic and heroic moment for this country. Those
people are heroes. Under the language of this bill, that monument
should not have been there.
{time} 1615
Another one, there is a monument at Arlington to the dead of the Pan
Am flight that was bombed over Lockerbee, Scotland. The monument is 272
stones, I believe it was provided by the people of Lockerbee, is my
recollection, one stone for each of the dead in that plane. One of
those stones is for a young 18-year-old from my town of Little Rock,
Arkansas.
Now, by putting this kind of restriction that says only for military
events, in my view, it is too limiting.
The one issue in this bill that I agree with is the portion that
deals with the Reserve component. However, my understanding is that the
Army deals with these on a case-by-case basis, and has issued waivers
in the past, and I am told that they would certainly be willing to
relook at their regulations and do this by regulatory change rather
than by statute. The problem with setting these things into statute is
that once we run into these problems, once events or people or
extraordinary people come along and pass away that we would like to put
into Arlington, but they do not qualify because of statutory change,
even the President would not have the authority to waive it.
So I commend the people who sponsored this bill for their patriotism,
for
[[Page H5017]]
their support of the Arlington National Cemetery. I speak today knowing
that this bill will pass overwhelmingly again, but it did not get
consideration by the Senate in the past because of problems. While it
has been changed and the language has been improved, in my view, there
are still serious problems with this bill that I hope the folks who
participate, both on the House side and on the Senate side, will look
at and either seek to improve or discard the statutory change and
consider working with the Army on regulatory changes.
Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 4940,
the Arlington National Cemetery Burial Eligibility Act. I urge my
colleagues to lend their support to this measure.
This legislation H.R. 4940 will codify existing regulatory
eligibility criteria for in-ground burial at Arlington National
Cemetery.
It also provides the President with the authority to grant a waiver
for burial at Arlington in the case of an individual not otherwise
eligible for burial under the military service criteria outlined above
but whose acts, service, or contributions to the Armed Forces are so
extraordinary as to justify burial at Arlington. Additionally, the
measure allows the President to delegate the waiver authority only to
the Secretary of the Army.
H.R. 4940 also codifies existing regulatory eligibility for interment
of cremated remains in the Columbarium at Arlington. Generally, this
includes all veterans with honorable service and their dependents.
Finally the measure clarifies that only memorials honoring military
service may be placed at Arlington and sets a 25-year waiting period.
Mr. Speaker, in recent years there has risen a valid concern that the
remaining available space at Arlington National Cemetery has been
filling up too fast. This bill is the latest in a natural progression
of legislation that Congress has taken to address this problem. It
seeks to balance the demand for burial with the limited space available
in a manner which preserves the memory and accomplishments of those
interred there in the past.
Accordingly, I urge my colleagues to support this measure.
Mr. REYES. Mr. Speaker, I rise today in support of H.R. 4940, the
Arlington Cemetery Burial Eligibility Act. I would like to thank
Chairman Chris Smith and Ranking Member Lane Evans, as well as Mike
Simpson, the Chairman of our Subcommittee, for moving forward with
consideration of H.R. 4940. While I am aware of concerns that the bill
may exclude certain high government officials from burial at Arlington,
I support this measure to codify the requirements for burial in order
to conserve the limited space available at this hallowed ground.
I also support the manager's amendment to permit veterans who were
buried in marked graves at private cemeteries to qualify for a
government marker if they died after September 11, 2001.
This amendment would make a provision of Public Law 107-103,
applicable to veterans who die between September 11, 2001 and December
26, 2001. The marker will recognize the veteran's service to our
Nation. It is only fitting that this honor be extended those brave
American veterans who lost their lives in the terrorist attack on the
United States.
I support this bill and urge my colleagues to vote in favor of the
bill as amended.
Mr. SHIMKUS. Mr. Speaker, this bill makes several important changes
that will honor our veterans. It rightfully expands eligibility
requirements for burial at Arlington Cemetery. It also includes
provisions from my bill, the ``Captain Jack Punches Memorial Act''
which honors our veterans who died during the September 11th attacks by
allowing them to have both a private grave marker--and--a VA furnished
marker to honor their service. This is a benefit already afforded to
veterans who died on or after December 27, 2001.
I introduced this legislation in honor of Captain Jack Punches, a
retired Navy pilot who worked in military intelligence and was at his
desk when terrorists crashed a hijacked jet into the building.
Punches grew up in Tower Hill, Illinois--and his mother (Ruth Godwin)
still resides in Ramsey. Captain Punches was buried in a private
cemetery, and his family wanted to have a private marker as well as a
VA marker to commemorate his long service to our country. Due to a
quirk in the law, Punches did not qualify for a newly enacted benefit
that would entitle him to both headstones.
This legislation will allow veterans, who like Captain Punches gave
their lives during September 11th to be properly honored for their
service.
I would like to thank Chairman Smith and Chairman Simpson for all of
their help with this legislation. I hope that the Senate will act
quickly so that this bill will be signed into law by September 11,
2002.
Mr. SHOWS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. MORAN of Kansas. Mr. Speaker, I urge my colleagues to support
this legislation, and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Culberson). The question is on the
motion offered by the gentleman from Kansas (Mr. Moran) that the House
suspend the rules and pass the bill, H.R. 4940, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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