[House Report 107-588]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-588
======================================================================
ARLINGTON NATIONAL CEMETERY BURIAL ELIGIBILITY ACT
_______
July 18, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of New Jersey, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 4940]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred 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, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
Introduction
On June 13, 2002, the Honorable Bob Stump, along with the
Chairman and Ranking Member of the Veterans' Affairs Committee,
the Honorable Chris Smith and the Honorable Lane Evans,
respectively, and the Chairman and Ranking Member of the
Subcommittee on Benefits, the Honorable Mike Simpson and the
Honorable Silvestre Reyes, respectively, introduced H.R. 4940,
to enact into law eligibility requirements for burial in
Arlington National Cemetery.
On June 11, 2002, the Subcommittee on Benefits held a
hearing that included testimony on a discussion draft of H.R.
4940. On July 9, 2002, the Subcommittee on Benefits met and
unanimously ordered H.R. 4940 reported favorably to the full
Committee.
On July 16, 2002, the full Committee met and ordered H.R.
4940 reported favorably to the House by a roll call vote of 22-
3.
Summary of the Reported Bill
H.R. 4940 would:
1. Codify eligibility criteria for in-ground burial at
Arlington National Cemetery. Eligible persons would be:
a) members of the Armed Forces who die on active
duty;
b) retired members of the Armed Forces, including
reservists who served on active duty;
c) members or former members of a reserve component
who, but for age, would have been eligible for retired
pay;
d) members of a reserve component who die in the
performance of duty while on active duty training or
inactive duty training;
e) 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 Purple Heart;
f) former prisoners of war who die on or after
November 30, 1993;
g) the President or any former President;
h) members of the Guard or Reserves who served on
active duty, who are eligible for retirement, but who
have not yet retired;
i) the spouse, surviving spouse, minor child and at
the discretion of the Superintendent of Arlington,
subject to certain requirements, unmarried adult
children of a) through h).
2. Provide the President 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; would allow the President to
delegate the waiver authority only to the Secretary of the
Army.
3. Codify existing regulatory eligibility for interment of
cremated remains in the columbarium at Arlington. Generally,
this includes all veterans with honorable service and their
dependents.
4. Clarify that only memorials honoring military service
may be placed at Arlington and set a 25-year waiting period.
5. Clarify that in the case of individuals buried in
Arlington before the date of enactment, the surviving spouse is
deemed to be eligible if buried in the same gravesite.
Background and Discussion
This background is derived from material provided to the
Committee by the Department of the Army, the General Accounting
Office, and the Congressional Research Service.
Until the Civil War, the Nation's attention to interment of
veterans was haphazard. The massive casualties resulting from
that conflict led the government to establish procedures to
make and preserve records of deceased soldiers and provide
places for their burial. Congress' initial legislation to
establish a national cemetery system, the Act of July 17, 1862,
Sec. 18, 12 Stat. 594, 596, provided that ``the President of
the United States shall have the power, whenever in his opinion
it shall be expedient, to purchase cemetery grounds and cause
them to be securely enclosed, to be used as a national cemetery
for the soldiers who shall die in the service of their
country.'' At the conclusion of the War, Congress directed the
Secretary of War to engage in a program to find, collect and
identify the remains of the war dead. The task was completed in
1870 with the reinterment of nearly 300,000 remains in 73
national cemeteries.
The grounds of Arlington Mansion, the home of Martha
Washington's grandson, George Washington Parke Custis, and his
son-in-law, General Robert E. Lee, were appropriated by the
federal government in May 1861, as a fortification to defend
Washington, D.C. Arlington National Cemetery was established on
the estate on May 13, 1864, as one of the first national
cemeteries because burial areas in the other previously
designated national cemeteries--the Soldiers' Home in
Washington, D.C. and at Alexandria, Virginia--were rapidly
filling. On June 15, 1864, Secretary of War Stanton formally
designated Arlington Mansion and the 200 acres surrounding it
as a cemetery for the burial of soldiers dying in the vicinity
of Washington.
The cemetery only gradually developed its aura as an
historic national shrine with the burials of famous Civil War
generals such as Phillip H. Sheridan in the 1880s, the burials
of General Pershing and President William Howard Taft in the
1920s, and then with the dedication in 1932 of the Tomb of the
Unknown Soldier. The mystique of the cemetery was heightened
substantially after the assassination of President John F.
Kennedy and his emotional funeral and burial there beside an
eternal flame in November 1963. President Kennedy's gravesite
and the cemetery generally became major public attractions and
pressure increased for interments in the limited space
available. At the end of December 2001, Arlington had a total
capacity of 243,373 gravesites, with about 32,312 remaining
available as of the end of March 2002.
From the Civil War until 1973, the primary responsibility
for the ``care and maintenance'' of most national cemeteries,
including Arlington, was vested in the Secretary of the Army or
the Secretary of War. Administration of other cemeteries was
placed under the supervision of agency heads, such as the
Secretary of the Interior.
In 1948, Congress for the first time codified all previous
precedent, practices, and legislation affecting eligibility for
burial in national cemeteries. Under the law, four general
classifications of persons were accorded the privilege of
burial in a national cemetery: (1) those who die while serving
honorably in the Armed Forces of the United States (2) former
members of the Armed Forces (3) citizens of the United States
who have served, or may serve, in the armed forces of a Nation
allied with the United States during war and (4) the wife,
husband, widow, widower, minor children, and, at the discretion
of the Secretary of the Army, unmarried children generally have
been deemed eligible. Adult, unmarried children generally have
been deemed eligible if at the time of death they were
incapable of self-support by reason of physical or mental
condition.
In 1959, Congress expanded burial eligibility to any member
of a reserve component of the Armed Forces, the Army and Air
National Guard, and the Reserve Officers Training Corps of the
Army, Navy and Air Force, whose death occurred under honorable
conditions while serving on active duty. It also added the
requirement that the Secretary of the Army seek the approval of
the Secretary of Defense prior to issuing or amending
regulations pertaining to national cemeteries under his
jurisdiction.
Restrictive rules for in-ground burial at Arlington were
first imposed in 1967. The Secretary of the Army was responding
to concerns that the combination of increased interest in
Arlington resulting from President Kennedy's burial and an
aging veteran population would result in the rapid depletion of
burial spaces. From 1962-1966, Arlington's interment rate rose
from 4,000 to 7,000 per year. Had the trend continued, the
cemetery would have been full by 1968.
The restrictive rules, currently published in federal
regulations at 32 CFR 553.15, limited eligibility to those
members of the Armed Forces who served the Nation in an
especially distinguished manner. These criteria have remained
essentially unchanged since 1967 and provide for in-ground
Arlington burial of the following categories of persons:
Active duty members of the Armed Forces,
except those members serving on active duty for
training;
Retired members of the Armed Forces who have
served on active duty, are on a retired list and are
entitled to receive retirement pay;
Former members of the Armed Forces
discharged for disability before October 1, 1949, who
served on active duty and would have been eligible for
retirement under 10 U.S.C. 1202 had the statute been in
effect on the date of separation;
Honorably discharged members of the Armed
Forces awarded the Medal of Honor, Distinguished
Service Cross (Air Force Cross or Navy Cross),
Distinguished Service Medal, Silver Star, or Purple
Heart;
Former prisoners of war who served honorably
and who died on or after November 30, 1993;
Provided they were honorably discharged from
the Armed Forces, elected federal officials (the
president, vice president, and members of Congress),
federal cabinet secretaries and deputies, agency
directors and certain other high federal officials
(level I and II executives), Supreme Court justices,
and chiefs of certain diplomatic missions;
The spouse, widow or widower, minor child
(under 21 years of age) and, at the discretion of the
Secretary of the Army, an unmarried adult child of any
of the above, (a surviving spouse who has remarried and
whose subsequent marriage is void, terminated by death
or dissolved by annulment or divorce by a court regains
eligibility; an unmarried adult child may be interred
in the same grave in which the parent has been or will
be interred, provided that the child was incapable of
self-support up to the time of death because of
physical or mental condition);
Surviving spouses of servicemembers who are
interred in the cemetery as part of a group burial, but
not in the same grave as the deceased spouse;
The surviving spouse, minor child, and at
the discretion of the Secretary of the Army, the
unmarried adult child of any person already buried at
the cemetery;
The parents of a minor child or unmarried
adult child whose remains are already buried at the
cemetery on the basis of the eligibility of a parent.
Veterans who do not meet these requirements may qualify for
placement in Arlington's columbarium for cremated remains. Any
honorably discharged veteran, spouse and dependent children may
be interred in the same family niche at the columbarium. Since
1980, the Army has built four columbaria at the cemetery;
50,000 niches capable of holding two urns each are available.
After the Army imposed restrictive eligibility requirements
in 1967, the number of burials at Arlington declined sharply
and then remained relatively constant until 1988. Since that
time, the number of burials has gradually increased. It is
projected that there will be 3,800 interments and 2,500
inurnments in fiscal year 2002, and 3,925 interments and 2,700
inurnments in fiscal year 2003. Given the expected burial
rates, the Army projects that all gravesites will be occupied
by 2025.
In 1973, Congress addressed the need for a coherent
national burial policy and management system for national
cemeteries. The National Cemeteries Act of 1973 (Public Law 93-
43) established within the Veterans Administration (VA), now
the Department of Veterans Affairs, a National Cemetery System
consisting of cemeteries already under VA jurisdiction and
national cemeteries transferred to the VA from the Department
of the Army. The legislation exempted Arlington National
Cemetery and those cemeteries located at the military service
academies, which were left under the authority of the
Department of the Army.
The 1973 Act adopted nearly identical requirements for
burial in the cemeteries as called for under the 1959 Act, but
transferred jurisdiction to the then-Administrator of Veterans
Affairs. The law also made one significant addition by
authorizing exceptions to the eligibility rules for ``[s]uch
other persons or classes of persons as may be designated by the
Secretary,'' (38 U.S.C. 2402(6)). In explaining this addition,
the Senate and House reports stated:
This additional category is consistent with authority
currently based on VA Regulation 6200 (C), as revised
June 2, 1966. Similar authority apparently resides in
the Secretary of the Army pursuant to 32 C.F.R.
553.18(b)(1) which authorizes `burial in National
cemeteries under such regulations as the Secretary may,
with the approval of the Secretary of Defense,
provide.'
The 1973 Act also preserved the previously exercised
authorities of the military department secretaries with respect
to cemeteries, memorials and monuments remaining under their
jurisdiction.
Finally, Congress ordered that a joint study be conducted
by VA and the Department of Defense on (1) the advisability of
including Arlington National Cemetery within the National
Cemetery System to be administered by VA, and (2) the
appropriateness of maintaining the present eligibility system
for burial at Arlington. The study submitted to Congress on
January 21, 1974, recommended that Arlington remain under the
jurisdiction of the Department of the Army and that the
existing regulatory criteria be maintained. Congress took no
further legislative action.
Section 2 of the bill would codify, with the exceptions
discussed below, existing regulatory eligibility criteria for
burial at Arlington National Cemetery. The bill 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 discussed in the bill summary. The bill would
eliminate the current regulatory requirement that retired
reservists be in receipt of their retirement pay under title
10, United States Code, to be eligible for in-ground burial.
Retired reservists must be 60 years old in order to receive
retirement pay. Retirees from reserve service who are not yet
60 years old are often referred to as being in the ``grey
zone.'' The Committee believes it is inequitable that a
reservist who serves our Nation for a minimum of 20 years
should be ineligible for in-ground burial at Arlington because
he or she had the misfortune to die prior to age 60.
Burial space is limited at Arlington and the Committee
appreciates the Army's interest in maintaining its strict
eligibility rules. However, over the years Congress has
extended veterans' benefits to members of the reserve
components (the Selected Reserve and National Guard) that were
previously available only to veterans who had served on active
duty. Reservists play an essential role in the total force
concept of today's military. The reserve components are
responsible for providing many critical skills and mission
capabilities.
Similarly, section 2 of this legislation would extend
burial eligibility to members of a reserve component who die in
the performance of duty while performing training duty. The
Committee sees no reason why a reservist's eligibility for
burial at Arlington should be based on whether that person
was--or was not--in training status when he or she died in the
performance of duty. In today's military, there is no practical
difference, and members of the reserve components make a direct
contribution to the defense of the Nation when technically in
``training'' status.
The bill would also extend to the President, or the
Secretary of the Army at the President's discretion, the
authority to grant a burial waiver to an individual who does
not otherwise meet the military service criteria for burial.
Such a waiver would only be appropriate in the case of an
individual whose acts, service, or contributions to the Armed
Forces are so extraordinary as to justify burial at Arlington
National Cemetery.
The bill would prohibit the Secretary and the
Superintendent from considering any request for burial in
advance of the death of the individual. It would also require
the Secretary to maintain a public record of all individuals
buried in Arlington.
Section 3 of the bill would codify 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.
Section 4 of the bill would add a new section 2414 to
codify regulations governing gravesite markers. It directs that
graves be marked in accordance with section 2404 of title 38,
United States Code, which describes the types of markers which
may be used in national cemeteries. Section 4 also prescribes
the conditions under which a private marker may be placed on a
gravesite in Arlington. In general, private markers are
restricted to areas at the cemetery authorized as of January 1,
1947, for such markers. This section also requires the private
party to provide for the maintenance of such markers, limits
the Secretary's liability in case of damage, and requires the
markers to be aesthetically compatible with Arlington National
Cemetery.
Finally, section 4 of the bill would require that all
monuments commemorate a military event or the military service
of an individual or group of individuals. Placement of
monuments in Arlington would be prohibited until 25 years have
elapsed after the service or event being commemorated.
Section-By-Section Analysis
Section 1 of the bill would provide that this Act may be
cited as the ``Arlington National Cemetery Burial Eligibility
Act''.
Section 2(a) of the bill would amend chapter 24 of title
38, United States Code, by adding a new section 2412.
Proposed section 2412(a) would establish the primary
eligibility for burial at Arlington. Persons eligible are
members of the Armed Forces who die on active duty; veterans
who are retired and receiving retired pay, members or former
members of a reserve component who served on active duty, was
honorably discharged from such active duty service, who, at the
time of death, was under 60 years of age and who would, but for
age, have been eligible at the time of death for retired pay
under title 10, United States Code; certain former members of
the Armed Forces who were separated for disability prior to
October 12, 1949; former members of the Armed Forces who were
awarded any one of the following military awards: Medal of
Honor, Distinguished Service Cross (Air Force Cross or Navy
Cross), Distinguished Service Medal, Silver Star, or Purple
Heart; any former POW who dies after November 30, 1993; 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; the President or any former President.
Proposed section 2412(b) would establish the eligibility of
certain family members of those eligible for burial under
2412(a) and the conditions of burial.
Section 2412(b)(1) would authorize burial of the spouse,
surviving spouse (which includes any remarried surviving
spouse, section 2402(5) of this title notwithstanding), minor
child or at the discretion of the Superintendent of Arlington
National Cemetery, the unmarried adult child, but only if
buried in the same gravesite as that person.
Section 2412(b)(2)(A) would authorize burial of an active
duty member's dependent in the same gravesite if such dependent
dies while the member is on active duty.
Section 2412(b)(2)(B) would authorize burial of a former
member whose dependent was buried at Arlington National
Cemetery while the member was on active duty, but only if
buried in the same gravesite.
Section 2412(b)(3) would authorize burial of the parents of
a child buried at Arlington based on the eligibility of a
parent, but only if buried in the same gravesite.
Section 2412(b)(4)(A) would authorize burial of certain
dependents at the discretion of the Superintendent of a member
of the Armed Forces whose body was not recovered or permanently
listed as missing or missing in action.
Section 2412(b)(4)(B) would deny burial of dependents
authorized in (4)(A) if a memorial to honor the memory of the
member already exists elsewhere in the national cemetery
system, but would authorize relocation of any such memorial to
Arlington National Cemetery, thus reinstating eligibility of
the dependent.
Section 2412(b)(5) would authorize the burial of certain
dependents of members of the Armed Forces buried in a cemetery
operated by the American Battle Monuments Commission.
Section 2412(c) would authorize, without approval by the
Superintendent, burial of a disabled unmarried adult child who
is incapable of self-support up to the time of death if in the
same gravesite as the eligible parent.
Section 2412(d) would provide that dependents of those
listed in subsection (a) who are buried as part of a group
burial may not be buried in the group gravesite.
Section 2412(e)(1) would provide that the exclusive
authority for burial eligibility is section 2412 of title 38,
United States Code.
Section 2412(e)(2)(A) would provide the President the
authority to deem eligible for burial an individual, not
otherwise eligible under subsection (a), whose acts, service,
or contributions to the Armed Forces are so extraordinary as to
justify burial in Arlington National Cemetery.
Section 2412(e)(2)(B) would require that the Secretary of
the Army immediately notify the chairmen and ranking members of
the Committee on Veterans' Affairs of the Senate and House of
Representatives if the President deems an individual eligible
for burial under subparagraph (A).
Section 2412(e)(2)(C)(i) would provide that the authority
under subparagraph (A) may not be delegated.
Section 2412(e)(2)(ii) would provide that the President may
only delegate the authority under subparagraph (A) to the
Secretary of the Army.
Section 2412(f)(1) would require that a request for burial
at Arlington National Cemetery must be made to the Secretary of
the Army or to any other Federal official that the Secretary of
the Army may specify.
Section 2412(f)(2) would prohibit the Secretary or other
Federal official from considering a request for burial under
paragraph (1) at Arlington National Cemetery prior to the death
of the individual for whom burial is requested.
Section 2412(f)(3) would prohibit the President or the
Secretary as the case may be, from considering a request for
burial under subsection (e)(2) that is made before the death of
the individual for whom burial at Arlington National Cemetery
is requested.
Section 2412(g)(1) would require the Secretary of the Army
to establish and maintain a public register of those buried at
Arlington National Cemetery.
Section 2412(g)(2) would require the Secretary to provide a
brief description of the basis of the individual's eligibility
for interment with respect to each such individual buried on or
after January 1, 2002.
Section 2(b) of the bill would require, not later than 180
days after the date of enactment, the Secretary of the Army to
publish an updated pamphlet describing eligibility for burial
in Arlington National Cemetery, as reflected by the provisions
of section 2412 of title 38, United States Code, as added by
subsection (a).
Sections 2(c) through (e) of the bill would provide
clerical, technical, and conforming amendments to chapter 24 of
title 38, United States Code.
Section 2(f) of the bill would provide an effective date,
except as provided in paragraph (2), section 2412 of title 38,
United States Code, as added by subsection (a) applying to
individuals dying on or after the date of enactment of this
Act.
Section 3(a) of the bill would add a new section 2413 to
title 38, United States Code, titled ``Arlington National
Cemetery: persons eligible for placement in columbarium''.
Section 2413(a)(1) would provide that the cremated remains
of anyone eligible for burial under section 2412 of title 38,
United States Code, in Arlington National Cemetery are eligible
for placement in the columbarium.
Section 2413(a)(2)(A) would authorize placement in the
columbarium of the cremated remains of any veteran whose last
active duty service (other than active duty for training) ended
honorably.
Section 2413(a)(2)(B) would authorize placement in the
columbarium of the cremated remains of the spouse, minor child
and (at the discretion of the Superintendent of Arlington) an
unmarried adult child of such a veteran.
Sections 3(b) and (c) of the bill provide clerical and
conforming amendments to the table of sections for chapter 24
of title 38, United States Code.
Section 3(d) of the bill would provide an effective date
for section 2413 as the date of enactment of the Act.
Section 4(a) of the bill would add a new section 2414 to
title 38, United States Code, titled ``Arlington National
Cemetery: authorized headstones, markers, and monuments''.
Section 2414(a) would direct that gravesite markers conform
to section 2404 of title 38, United States Code.
Section 2414(b)(1) would direct the Secretary of the Army
to prescribe regulations for privately furnished gravesite
headstones or markers.
Section 2414(b)(2)(A) would specify general design criteria
for privately furnished headstones or markers.
Section 2414(b)(2)(B) would require that the person
furnishing a private marker provide for maintenance in the
event repairs are necessary.
Section 2414(b)(2)(C) would stipulate the Secretary of the
Army is not responsible for any maintenance or damage to
privately furnished headstones or markers.
Section 2414(b)(2)(D) would require privately furnished
markers to be aesthetically compatible with Arlington National
Cemetery.
Section 2414(b)(2)(E) would restrict placement of privately
furnished headstones or markers to areas designated for such
headstones or markers as of January 1, 1947.
Section 2414(c)(1) would prohibit placement of monuments at
Arlington National Cemetery unless the monument meets
restrictions in either subsection (c)(2) or (c)(3).
Section 2414(c)(2) would require that a monument must honor
the military service of an individual or group, or a military
event.
Section 2414(c)(3) would require a 25-year waiting period
between the military service or event and placement of a
monument at Arlington National Cemetery.
Section 2414(c)(4) would restrict placement of monuments to
areas designated by the Secretary of the Army.
Section 4(c) of the bill would establish the effective date
of section 2414 as the date of enactment.
Section 5 of the bill would direct the Secretary of the
Army to publish any regulations related to this Act in the
Federal Register within one year of enactment.
Performance Goals and Objectives
The reported bill would codify burial eligibility for
Arlington National Cemetery. The Cemetery's performance goals
and objectives are established in annual performance plans and
are subject to the Committee's regular oversight.
Statement of the Views of the Administration
STATEMENT BY THURMAN HIGGINBOTHAM, DEPUTY SUPERINTENDENT, ARLINGTON
NATIONAL CEMETERY BEFORE BENEFITS SUBCOMMITTEE ON VETERANS AFFAIRS,
UNITED STATES HOUSE OF REPRESENTATIVES, SECOND SESSION, 107TH
CONGRESS, JUNE 11, 2002, PROPOSED CHANGES IN BURIAL ELIGIBILITY
I appreciate the opportunity to appear before this committee to
discuss eligibility for burial at Arlington National Cemetery and the
``Arlington National Cemetery Burial Eligibility Act.''
Arlington National Cemetery is America's most prominent national
cemetery and serves as a shrine honoring the men and women who have
served in the Armed Forces. It is a visible reflection of America's
appreciation for those individuals whose acts and accomplishments
reflect the highest service to the country.
Since its' founding in 1864, the cemetery has functioned primarily
as a military burial ground. Over the years, the symbolic significance
of Arlington National Cemetery has evolved. The cemetery has become
recognized as the Nation's foremost national memorial to it military
members and is the final resting place of Presidents and other leading
public figures. It has also become the site of major memorial events
and ceremonies, as well as a significant attraction for visitors to the
Washington area.
In Fiscal Year 2001, there were 3,727 interments and 2,212
inurnments. In Fiscal Year 2002, we estimate there will be 3,800
interments and 2,500 inurnments. Looking ahead to Fiscal Year 2003, we
estimate there will be 3,925 interments and 2,700 inurnments.
Title 32 of the Code of Federal Regulations sets forth the criteria
for burial eligibility in Arlington National Cemetery. The Army, as the
Executive Agent for the Cemetery, strives to implement these
regulations fairly and consistently. We must endeavor to preserve
Arlington as a National Shrine honoring the men and women who have
served in the Armed Forces and those Americans who have made
extraordinary public contributions to our Nation and our Armed Forces.
Although we acknowledge that the ``Arlington National Cemetery
Burial Eligibility Act'' provides exception authority, we nonetheless
object to the legislation. We believe that burial eligibility standards
at Arlington should continue to be governed through regulations
promulgated by the Secretary of the Army, rather than by statute. We
believe that these procedures have been effective in attaining the
goals of fairness, consistency and efficient use of space. The current
regulatory regime provides the Army, as Executive Agent, the framework
and flexibility needed to address unusual cases in a timely, fair and
appropriate manner.
We note that the ``Arlington National Cemetery Burial Eligibility
Act'' would expand burial eligibility to several categories that are
not now recognized under the regulations in effect. These include
members of a reserve component who at the time of death were under 60
years of age and who, but for age, would have been eligible for retired
pay; members of the Armed Forces who die in the line of duty while on
active duty for training; and certain remarried surviving spouses.
The Army is very concerned that expanding burial eligibility to new
categories of individuals will create inequities. While the Army
appreciates the actions of the Congress and this Committee in making
additional land available to the Cemetery, space will eventually run
out. In light of these constraints, expanding burial eligibility will
eventually cause the denial of the privilege to other eligible persons.
Expanding burial eligibility may also create difficulties for those
families whose loved ones had been denied burial privileges prior to
the changes.
For these reasons, the Army opposes legislation that would expand
categories of eligible individuals beyond those contained in the
regulations now in effect. In December 2001, the Army provided
testimony to this Subcommittee expressing concern with H.R. 3423, which
would extend burial privileges in Arlington National Cemetery to
certain current and former reserve component members of the Armed
Forces and their dependents. While the long-term impact of the proposed
expansions is uncertain, we objected to H.R. 3423 based on the impact
on space availability and the fact that the expansion would eventually
require denial of this privilege to eligible persons in categories that
have existed for decades. At the same time, the Army values greatly the
major contribution being made by members of our reserve components each
and every day. The over 30,000 members currently serving on active duty
in the Reserves and the Guard are eligible for burial in Arlington
National Cemetery, if they should die while they are currently serving.
We also note that the ``Arlington National Cemetery Burial
Eligibility Act'' would eliminate burial eligibility for several
narrowly defined categories. The Army believes that these individuals,
including top leadership in the Department of Defense and other high-
level government officials, should continue to receive, by virtue of
their service to Nation, the special honor afforded by burial in
Arlington.
Thank you for providing me with the opportunity to present our
views on the ``Arlington National Cemetery Burial Eligibility Act.'' I
look forward to answering your questions.
Roll Call Votes
During Committee consideration of H.R. 4940, there was a
recorded vote on ordering the bill reported favorably to the
House. The vote was 22-3 in favor of reporting the bill.
Date: Tuesday, July 16, 2002
Call to Order: 9:35 a.m.
Adjourn: 11:10 a.m.
Subject: MARKUP - Motion to report H.R. 4940 favorably to
the House
----------------------------------------------------------------------------------------------------------------
NAME YEA NAY NOT VOTING
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Chris Smith, NJ, Chairman............ x...................... ......................
Bob Stump, AZ........................ ...................... ...................... x
Michael Bilirakis, FL, Vice Chairman. ..................... ...................... x
Terry Everett, AL.................... ..................... ...................... x
Steve Buyer, IN...................... ..................... x......................
Jack Quinn, NY....................... x...................... ......................
Cliff Stearns, FL.................... x...................... ......................
Jerry Moran, KS...................... x...................... ......................
Howard (Buck) McKeon, CA............. x...................... ......................
Jim Gibbons, NV...................... ..................... ...................... x
Mike Simpson, ID..................... x...................... ......................
Richard Baker, LA.................... ..................... ...................... x
Rob Simmons, CT...................... x...................... ......................
Ander Crenshaw, FL................... ...................... ...................... x
Henry Brown, SC...................... x...................... ......................
Jeff Miller, FL...................... x...................... ......................
John Boozman, AR..................... x...................... ......................
Lane Evans, IL, Ranking.............. x...................... .....................
Bob Filner, CA....................... ...................... x......................
Luis Gutierrez, IL................... x...................... .....................
Corrine Brown, FL.................... x...................... .....................
Julia Carson, IN..................... x...................... .....................
Silvestre Reyes, TX.................. x...................... .....................
Vic Snyder, AR....................... ...................... x......................
Ciro Rodriguez, TX................... x...................... .....................
Ronnie Shows, MS..................... x...................... .....................
Stephen Lynch, MA.................... x...................... ......................
Shelley Berkley, NV.................. x...................... .....................
Baron P. Hill, IN.................... x...................... ......................
Tom Udall, NM........................ x...................... ......................
Susan Davis, CA...................... x...................... ......................
TOTAL...................... 22..................... 3...................... 6
----------------------------------------------------------------------------------------------------------------
Congressional Budget Office Cost Estimate
The following letter was received from the Congressional
Budget Office concerning the cost of the reported bill:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 17, 2002.
Hon. Christopher H. Smith
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4940, the
Arlington National Cemetery Burial Eligibilty Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Melissa E.
Zimmerman, who can be reached at 226-2840.
Sincerely,
Dan L. Crippen,
Director.
Enclosure.
----------
Congressional Budget Office Cost Estimate
H.R. 4940, ARLINGTON NATIONAL CEMETERY BURIAL ELIGIBILITY ACT, AS
ORDERED REPORTED BY THE HOUSE COMMITTEE ON VETERANS' AFFAIRS ON
JULY 16, 2002
H.R. 4940 would codify, with minor changes, many current
regulations governing eligibility for burial in Arlington
National Cemetery and interment in its columbarium. The bill
would allow certain close family members of eligible veterans
to be buried in the same grave without the need for a waiver,
grant eligibility for burial to members of the armed services
who die in the performance of duty during training, and grant
eligibility to certain members and former members of reserve
components of the armed forces. H.R. 4940 also would prohibit
burial of any individual who would otherwise be ineligible,
unless the President authorizes burial because of a candidate's
extraordinary contributions to the armed forces. Under the
bill, future memorials or markers must commemorate service in
the armed forces.
H.R. 4940 would require the Secretary of the Army to
maintain a public register that would describe the eligibility
of each individual buried in Arlington National Cemetery after
January 1, 2002. The bill would also require the Secretary to
publish a pamphlet describing eligibility requirements for
burial at Arlington National Cemetery.
CBO estimates that the costs of implementing H.R. 4940
would not be significant. Most categories of veterans and
family members covered under the bill's eligibility criteria
are already eligible under current regulations. The bill would
grant eligibility to family members who are presently
ineligible for burial at the cemetery, but because these
individuals are small in number and have often received waivers
in the past, CBO estimates that this new eligibility would not
lead to a significant increase in the numbers of burials.
H.R. 4940 also would grant burial eligibility to certain
members of the armed services who were previously ineligible.
CBO estimates that less than 1,000 veterans and close family
members a year would become eligible for burial under the bill,
but that only a small portion would request burial at Arlington
National Cemetery. Thus, CBO estimates that implementing these
new eligibility criteria would not lead to a significant
increase in the number of burials at the cemetery.
CBO estimates that the costs of maintaining the register
and producing the pamphlet would be negligible. Because the
legislation would not affect direct spending or receipts, pay-
asyou-go procedures would not apply.
H.R. 4940 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On July 11, 2002, CBO transmitted a cost estimate for H.R.
4940, as introduced on June 13, 2002. The two versions of the
bill are identical, as are the two estimates.
The CBO staff contact is Melissa E. Zimmerman. This
estimate was approved by Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Statement of Federal Mandates
The preceding Congressional Budget Office cost estimate
states that the bill contains no intergovernmental or private
sector mandates as defined in the Unfunded Mandates Reform Act.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, the reported bill is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Changes in Existing Law made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
CHAPTER 24 OF TITLE 38, UNITED STATES CODE
CHAPTER 24--NATIONAL CEMETERIES AND MEMORIALS
Sec.
2400. Establishment of National Cemetery Administration; composition
of Administration.
* * * * * * *
2412. Arlington National Cemetery: persons eligible for burial.
2413. Arlington National Cemetery: persons eligible for placement in
columbarium.
2414. Arlington National Cemetery: authorized headstones, markers,
and monuments.
* * * * * * *
Sec. 2402. Persons eligible for interment in national cemeteries
Under such regulations as the Secretary may prescribe and
subject to the provisions of section 6105 of this title, the
remains of the following persons may be buried in any open
national cemetery under the control of the National Cemetery
Administration:
(1) * * *
* * * * * * *
(5) The spouse, surviving spouse (which for purposes of
this chapter, except section 2412(b)(1) of this title, includes
an unremarried surviving spouse who had a subsequent remarriage
which was terminated by death or divorce), minor child (which
for purposes of this chapter includes a child under 21 years of
age, or under 23 years of age if pursuing a course of
instruction at an approved educational institution), and, in
the discretion of the Secretary, unmarried adult child of any
of the persons listed in paragraphs (1) through (4) and
paragraph (7).
* * * * * * *
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.
(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.
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.
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.
----------
SECTION 1176 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1994
[SEC. 1176. ELIGIBILITY OF FORMER PRISONERS OF WAR FOR BURIAL IN
ARLINGTON NATIONAL CEMETERY.
[(a) Eligibility for Burial.--Former prisoners of war
described in subsection (b) are eligible for burial in
Arlington National Cemetery, Arlington, Virginia.
[(b) Eligible Former POWS.--A former prisoner of war
referred to in subsection (a) is a former prisoner of war--
[(1) who dies on or after the date of the enactment
of this Act; and
[(2) who, while a prisoner of war, served honorably
in the active military, naval, or air service, as
determined under regulations prescribed by the
Secretary of the military department concerned.
[(c) Savings Provision.--This section may not be construed
to make ineligible for burial in Arlington National Cemetery a
former prisoner of war who is eligible to be buried in that
cemetery under another provision of law.
[(d) Regulations.--This section shall be carried out under
regulations prescribed by the Secretary of the Army. Those
regulations may prescribe a minimum period of internment as a
prisoner of war for purposes of eligibility under this section
for burial in Arlington National Cemetery.
[(e) Definitions.--For purposes of this section:
[(1) The term ``former prisoner of war'' has the
meaning given such term in section 101(32) of title 38,
United States Code.
[(2) The term ``active military, naval, or air
service'' has the meaning given such term in section
101(24) of such title.]
----------
SECTION 11201 OF TITLE 46, UNITED STATES CODE
Sec. 11201. Eligibility for veterans' burial and cemetery benefits
(a) Eligibility.--
(1) In general.--The qualified service of a person
referred to in paragraph (2) shall be considered to be
active duty in the Armed Forces during a period of war
for purposes of eligibility for benefits under the
following provisions of title 38:
(A) * * *
* * * * * * *
(C) Section 2413 (relating to placement in
the columbarium in Arlington National
Cemetery).
* * * * * * *