[Federal Register Volume 59, Number 129 (Thursday, July 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16351]


[[Page Unknown]]

[Federal Register: July 7, 1994]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 553

 

Army National Cemeteries

AGENCY: Department of the Army, DOD.

ACTION: Proposed rule.

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SUMMARY: In accordance with Section 1176 of the National Defense 
Authorization Act for Fiscal Year 1994, Pub. L. 103-160, the Department 
of the Army is proposing to amend the regulations governing eligibility 
for interment in Arlington National Cemetery to include former 
prisoners of war (POWs).

DATES: Comments must be received on or before August 8, 1994.

ADDRESSES: All comments concerning this proposed rule should be 
addressed to Superintendent, Arlington National Cemetery, Arlington, 
Virginia 22211-5003.

FOR FURTHER INFORMATION CONTACT:
John C. Metzler, Jr., Superintendent, Arlington National Cemetery, 
(703) 695-3175.

SUPPLEMENTARY INFORMATION: The Department of the Army is proposing 
changes to 32 CFR Part 553 in accordance with section 1176 of the 
National Defense Authorization Act for Fiscal Year 1994, Pub. L. 103-
160. That Section extended eligibility for interment in Arlington 
National Cemetery to any former prisoner of war who, while a prisoner 
of war, served honorably in the active military, naval, or air service 
and who dies on or after the date of enactment of the 1994 
Authorization Act (November 30, 1993).
    This proposed rule governs eligibility for interment in Arlington 
National Cemetery, an Army national cemetery which is under the 
jurisdiction of the Department of the Army. Because the proposed rule 
pertains to a military function of the Department of the Army, the 
provisions of Executive Order 12866 do not apply. It is hereby 
certified that this proposed rule will not have a significant impact on 
small business or governments in the area.

Lists of Subjects in 32 CFR Part 553

    Cemeteries, National Cemeteries.

    For the reasons set out in the preamble, 32 CFR Part 553 is 
proposed to be amended as follows:

PART 553--ARMY NATIONAL CEMETERIES

    1. The authority citation for 32 CFR Part 553 continues to read as 
follows:

    Authority: 24 USC Ch. 7.

    2. In Sec. 553.15, paragraphs (f) through (i) are redesignated as 
paragraphs (g) through (j) and new paragraph (f) is added to read as 
follows:


Sec. 553.15  Persons eligible for burial in Arlington National 
Cemetery.

* * * * *
    (f) Any former prisoner of war who, while a prisoner of war, served 
honorably in the active military, naval, or air service, whose last 
period of active military, naval, or air service terminated honorably 
and who died on or after November 30, 1993.
    (1) The term ``former prisoner of war'' means a person who, while 
serving in the active military, naval, or air service, was forcibly 
detained or interned in line of duty--
    (i) by an enemy government or its agents, or a hostile force, 
during a period of war; or
    (ii) by a foreign government or its agents, or a hostile force, 
under circumstances which the Secretary of Veterans Affairs finds to 
have been comparable to the circumstances under which persons have 
generally been forcibly detained or interned by enemy governments 
during periods of war.
    (2) The term ``active military, naval, or air service'' includes 
active duty, any period of active duty for training during which the 
individual concerned was disabled or died from a disease or injury 
incurred or aggravated in line of duty, and any period of inactive duty 
training during which the individual concerned was disabled or died 
from an injury incurred or aggravated in line of duty.
* * * * *
    3. In Sec. 553.15a, paragraph (e) is revised to read as follows:


Sec. 553.15a  Persons eligible for inurnment of cremated remains in 
Columbarium in Arlington National Cemetery.

* * * * *
    (e) Any former prisoner of war who, while a prisoner of war, served 
honorably in the active military, naval, or air service, whose last 
period of active military, naval, or air service terminated honorably 
and who died on or after November 30, 1993.
    (1) The term ``former prisoner of war'' means a person who, while 
serving in the active military, naval, or air service, was forcibly 
detained or interned in line of duty--
    (i) by an enemy government or its agents, or a hostile force, 
during a period of war; or
    (ii) by a foreign government or its agents, or a hostile force, 
under circumstances which the Secretary of Veterans Affairs finds to 
have been comparable to the circumstances under which persons have 
generally been forcibly detained or interned by enemy governments 
during periods of war.
    (2) The term ``active military, naval, or air service'' includes 
active duty, any period of active duty for training during which the 
individual concerned was disabled or died from a disease or injury 
incurred or aggravated in line of duty, and any period of inactive duty 
training during which the individual concerned was disabled or died 
from an injury incurred or aggravated in line of duty.
* * * * *
Kenneth L. Denton,
Army Federal Register Liaison Officer.
[FR Doc. 94-16351 Filed 7-6-94; 8:45 am]
BILLING CODE 3710-08-M