[Congressional Record (Bound Edition), Volume 148 (2002), Part 10]
[House]
[Pages 13767-13771]
[From the U.S. 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.
       ``(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.

[[Page 13768]]

       ``(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;
       ``(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.

[[Page 13769]]

  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 the 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 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 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

[[Page 13770]]

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 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

[[Page 13771]]

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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