[House Report 114-459]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-459
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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AMENDING TITLE 38, UNITED STATES CODE, TO PROVIDE FOR THE BURIAL OF THE
CREMATED REMAINS OF PERSONS WHO SERVED AS WOMEN'S AIR FORCES SERVICE
PILOTS IN ARLINGTON NATIONAL CEMETERY
_______
March 21, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Miller of Florida, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 4336]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 4336) to amend title 38, United States Code, to
provide for the burial of the cremated remains of persons who
served as Women's Air Forces Service Pilots in Arlington
National Cemetery, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Subcommittee Consideration.......................................
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Correspondence......................................... 5
Committee Oversight Findings..................................... 7
Statement of General Performance Goals and Objectives............ 7
New Budget Authority, Entitlement Authority, and Tax Expenditures 7
Earmarks and Tax and Tariff Benefits............................. 7
Committee Cost Estimate.......................................... 7
Congressional Budget Office Estimate............................. 7
Federal Mandates Statement....................................... 9
Advisory Committee Statement..................................... 9
Constitutional Authority Statement............................... 9
Applicability to Legislative Branch.............................. 9
Statement on Duplication of Federal Programs..................... 9
Disclosure of Directed Rulemaking................................ 9
Section-by-Section Analysis of the Legislation................... 10
Changes in Existing Law Made by the Bill as Reported............. 10
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. BURIAL OF CREMATED REMAINS IN ARLINGTON NATIONAL CEMETERY OF
CERTAIN PERSONS WHOSE SERVICE IS DEEMED TO BE
ACTIVE SERVICE.
(a) In General.--Section 2410 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(c)(1) The Secretary of the Army shall ensure that under such
regulations as the Secretary may prescribe, the cremated remains of any
person described in paragraph (2) are eligible for inurnment in
Arlington National Cemetery with military burial honors in accordance
with section 1491 of title 10.
``(2) A person described in this paragraph is a person whose service
has been determined to be active duty service pursuant to section 401
of the GI Bill Improvement Act of 1977 (Public Law 95-202; 38 U.S.C.
106 note) as of the date of the enactment of this Act.''.
(b) Applicability.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to--
(A) the remains of a person that are not formally
interred or inurned as of the date of the enactment of
this Act; and
(B) a person who dies on or after the date of the
enactment of this Act.
(2) Formally interred or inurned defined.--In this
subsection, the term ``formally interred or inurned'' means
interred or inurned in a cemetery, crypt, mausoleum,
columbarium, niche, or other similar formal location.
SEC. 2. REPORT ON CAPACITY OF ARLINGTON NATIONAL CEMETERY.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of the Army shall submit to the Committees on Veterans'
Affairs and the Committees on Armed Services of the House of
Representatives and the Senate a report on the interment and inurnment
capacity of Arlington National Cemetery, including--
(1) the estimated date that the Secretary determines the
cemetery will reach maximum interment and inurnment capacity;
and
(2) in light of the unique and iconic meaning of the cemetery
to the United States, recommendations for legislative actions
and nonlegislative options that the Secretary determines
necessary to ensure that the maximum interment and inurnment
capacity of the cemetery is not reached until well into the
future, including such actions and options with respect to--
(A) redefining eligibility criteria for interment and
inurnment in the cemetery; and
(B) considerations for additional expansion
opportunities beyond the current boundaries of the
cemetery.
Purpose and Summary
H.R. 4336 was introduced by Representative Martha McSally
of Arizona on January 6, 2016. H.R. 4336, as amended, would
ensure that the cremated remains of persons who have been
determined to be Active Duty Service as of the date of
enactment are eligible for inurnment\1\ with military burial
honors in Arlington National Cemetery. Furthermore, within 180
days after the date of enactment, the bill would require the
Secretary of the Army to submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives and the
Committees on Armed Services of the Senate and House of
Representatives a report on the interment and inurnment
capacity of Arlington National Cemetery. Such report would
include the estimated future date that the cemetery will reach
maximum interment and inurnment capacity. Moreover, the report
would include the Secretary's recommendations for legislative
actions and non-legislative options that the Secretary
determines would be necessary to extend the cemetery's capacity
well into the future.
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\1\Inurnment is generally the placement of a veteran's cremated
remains in a columbarium or a niche wall.
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Background and Need for Legislation
Congress enacted the GI Bill Improvement Act of 1977\2\
(Act), which extended veterans benefits to persons who served
as Women Airforce Service Pilots (WASPs) during World War II.
The Act also authorized the Secretary of Defense to designate
certain other civilian groups who provided exceptional service
to our nation during periods of war. Since the Act was passed
in 1977, the Secretary of Defense has recognized 35 civilian
groups as ``Active Duty Designees.'' These Active Duty
Designees are eligible for benefits administered by the
Secretary of Veterans Affairs, including burial in National
Cemeteries administered by the National Cemetery
Administration.
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\2\Public Law 95-202, 91 Stat. 1433; 38 U.S.C. Sec. 106 note.
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However, Arlington National Cemetery is operated by the
Department of the Army. On June 10, 2002, then-Superintendent
of Arlington National Cemetery, John C. Metzler, Jr., issued a
memorandum which extended eligibility for inurnment with
military burial honors in Arlington National Cemetery to Active
Duty Designees.
On March 23, 2015, after the Army had conducted a review of
Arlington National Cemetery's interment and inurnment policies,
then-Secretary of the Army John M. McHugh issued a memorandum
which revoked the eligibility of Active Duty Designees to be
inurned in Arlington National Cemetery. The March 23, 2015,
memorandum explained that the Army General Counsel's office had
concluded that former-Superintendent Metzler did not have the
authority to extend eligibility for military burial benefits in
Arlington National Cemetery to Active Duty Designees.
Furthermore, the Army General Counsel concluded that extending
military burial benefits in Arlington National Cemetery to
Active Duty Designees was not supported by current Federal law.
H.R. 4336, as amended, would clarify that Congress intends
that current Active Duty Designees are eligible for inurnment
in Arlington National Cemetery. However, the bill would limit
eligibility for inurnment in Arlington National Cemetery to the
remains of a person that was not formally interred as of the
date of the enactment.
Furthermore, H.R. 4336, as amended, would require that the
Secretary of the Army submit a report to better inform
legislative proposals that would address eligibility for
interment and inurnment in Arlington National Cemetery. H.R.
4336, as amended, would require the Secretary of the Army to
submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives and the Committees on Armed Services
of the Senate and House of Representatives a report on the
interment and inurnment capacity of Arlington National Cemetery
within 180 days after the date of enactment. Additionally, the
report would include the estimated future date that the
cemetery will reach maximum interment and inurnment capacity
and the Secretary's recommendations for legislative and non-
legislative actions that the Secretary determines would be
necessary to extend the cemetery's capacity well into the
future.
Hearings
There were no Subcommittee or Full Committee hearings held
on hearings on H.R. 4336.
Committee Consideration
On February 25, 2016, the Full Committee met in open markup
session, a quorum being present, and ordered H.R. 4336, as
amended, reported favorably to the House of Representatives by
voice vote.
During consideration of the bill, the following amendments
were offered and agreed to by voice vote:
An amendment in the nature of a substitute to H.R.
4336, offered by Mr. Abraham of Louisiana, which
expanded the eligibility to be inurned in Arlington
National Cemetery to any person who has engaged in
qualified service, if the service of the person has
been determined to have been active duty service
pursuant to section 401 of the Act (38 U.S.C. 106 note)
as of the date of enactment of the Act. Additionally,
the amendment in the nature of a substitute would place
certain limitations on the ability of remains cremated
prior to the enactment of the Act to be transferred to
Arlington National Cemetery for inurnment.
An amendment to the amendment in the nature of a
substitute offered by Ms. Brown of Florida, which would
require the Secretary of the Army to submit to the
Committees on Veterans' Affairs of the Senate and House
of Representatives and the Committees on Armed Services
of the Senate and House of Representatives, a report on
the interment and inurnment capacity of Arlington
National Cemetery within 180 days after the date of
enactment. The report would include the estimated
future date that the cemetery will reach maximum
interment and inurnment capacity, and the Secretary's
recommendations for legislative and non-legislative
actions that the Secretary determines would be
necessary extend the cemetery's capacity well into the
future.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken on amendments or in connection with ordering H.R. 4336,
as amended, reported to the House. A motion by Ranking Member
Corrine Brown of Florida to report H.R. 4336, as amended,
favorably to the House of Representatives was agreed to by
voice vote.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee establishes the
following performance goals and objectives for this
legislation:
The Army will use this authority to inurn current
Active Duty Designees with military burial honors in
Arlington National Cemetery. The Army will also use the
authority granted by this legislation to submit a
report to determine the estimated future date that
Arlington National Cemetery will reach interment and
inurnment capacity. Furthermore, such report would
assist in forming policies to extend the cemetery's
capacity into the future.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 4336, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
4336, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 4336, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 17, 2016.
Hon. Jeff Miller,
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. 4336, a bill to
amend title 38, United States Code, to provide for the burial
of the cremated remains of persons who served as Women's Air
Forces Service Pilots in Arlington National Cemetery.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Dwayne M.
Wright.
Sincerely,
Robert A. Sunshine
(For Keith Hall, Director).
Enclosure.
H.R. 4336--A bill to amend title 38, United States Code, to provide for
the burial of the cremated remains of persons who served as
Women's Air Forces Service Pilots in Arlington National
Cemetery
H.R. 4336 would expand the number of individuals who are
eligible to have their cremated remains inurned in Arlington
National Cemetery (ANC), and direct the Secretary of the Army
to submit a report on the remaining capacity of ANC for both
interments and inurnments. CBO estimates that implementing H.R.
4336 would cost less than $500,000 over the 2017-2021 period;
such spending would be subject to the availability of
appropriated funds.
Enacting H.R. 4336 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 4336 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Public Law 95-202 deemed the service of certain groups of
women, civilians, and foreigners who served the United States
during World War II as active duty for purposes of eligibility
for benefits administered by the Department of Veterans
Affairs. Nearly 35 groups were made eligible for veterans'
benefits through that law including: the Women's Air Forces
Service Pilots, Signal Corps Female Telephone Operator Units,
U.S. merchant seamen who served on blockships in support of
Operation Mulberry, male civilian ferry pilots, and U.S.
civilians of the American Field Service.
Under current law, the cremated remains of groups made
eligible under Public Law 95-202 may be inurned in all
cemeteries under the jurisdiction of the Department of Veterans
Affairs. Their remains are not, however, eligible to be inurned
in ANC, which is under the jurisdiction of the Department of
Defense (DoD). Section 1 of H.R. 4336 would allow them to be
inurned in ANC, if they have not been formally interred or
inurned elsewhere as of the date of enactment of the bill.
According to DoD, because ANC has limited capacity and
resources, increasing the pool of persons eligible to be inumed
would increase wait times for inurnment but would not increase
the total number of inurnments at ANC. Eligible persons would
be inurned in the order in which requests were submitted until
no more inurnments were possible. Therefore, CBO estimates that
there would be no additional costs associated with implementing
section 1.
Section 2 would require DoD to submit a report, within 180
days of enactment, on the remaining capacity for both
interments and inurnments at ANC and on options for expanding
that capacity. CBO estimates that implementing section 2 would
cost less than $500,000 in 2017.
H.R. 4336 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.
The CBO staff contact for this estimate is Dwayne M.
Wright. The estimate was approved by Theresa Gullo, Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 4336, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
4336, as amended.
Constitutional Authority Statement
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.''
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 4336, as amended,
establishes or reauthorizes a program of the Federal Government
known to be duplicative of another Federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that H.R. 4336, as amended, contains no
directed rule making that would require the Secretary to
prescribe regulations.
Section-by-Section Analysis of the Legislation
Section 1--Burial of cremated remains in Arlington National Cemetery of
certain person whose service is deemed to be active service
Section 1(a) would require the Secretary of the Army to
inurn the cremated remains of any person who has been
determined to be active duty service pursuant to section 401 of
the GI Bill Improvement Act of 1977 (Public Law 95-202; 38
U.S.C. 106 note) as of the date of enactment of that Act.
Section 1(b) would limit eligibility for inurnment in
Arlington National Cemetery to the remains of persons that are
not formally interred as of the date of the enactment.
Section 2--Report on capacity of Arlington National Cemetery
Section 2 would require the Department of the Army to
complete a report on the interment and inurnment capacity of
Arlington National Cemetery, including:
(1) the estimated date that the Secretary determines the
cemetery will reach maximum interment and inurnment capacity;
and,
(2) the Secretary's recommendation for legislation and non-
legislative actions the Secretary determines necessary to
extend the capacity of Arlington National Cemetery. Such
recommendations would include any proposal that would: (A)
redefine the eligibility criteria for interment and inurnment
in the cemetery; and (B) any expansion opportunities beyond the
current boundaries of the cemetery.
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 italic, existing law in which no change is
proposed is shown in roman):
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 (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 24--NATIONAL CEMETERIES AND MEMORIALS
* * * * * * *
Sec. 2410. Burial of cremated remains in Arlington National Cemetery
(a) The Secretary of the Army shall designate an area of
appropriate size within Arlington National Cemetery for the
unmarked interment, in accordance with such regulations as the
Secretary may prescribe, of the ashes of persons eligible for
interment in Arlington National Cemetery whose remains were
cremated. Such area shall be an area not suitable for the
burial of casketed remains.
(b) The Secretary of each military department shall make
available appropriate forms on which those members of the Armed
Forces who so desire may indicate their desire to be buried
within the area to be designated under subsection (a).
(c)(1) The Secretary of the Army shall ensure that under such
regulations as the Secretary may prescribe, the cremated
remains of any person described in paragraph (2) are eligible
for inurnment in Arlington National Cemetery with military
burial honors in accordance with section 1491 of title 10.
(2) A person described in this paragraph is a person whose
service has been determined to be active duty service pursuant
to section 401 of the GI Bill Improvement Act of 1977 (Public
Law 95-202; 38 U.S.C. 106 note) as of the date of the enactment
of this Act.
* * * * * * *
[all]