[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29026]


[[Page Unknown]]

[Federal Register: November 25, 1994]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 553

 

Eligibility of Former Prisoners of War (POWs) for Interment in 
Arlington National Cemetery

AGENCY: Department of the Army, DOD.

ACTION: Interim Final 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 amending the regulations governing eligibility for 
interment in Arlington National Cemetery to include former prisoners of 
war (POWs).

DATES: Effective date: November 25, 1994. Comments must be received not 
later than December 27, 1994.

ADDRESSES: All comments concerning this interim final rule should be 
addressed to John C. Metzler, Jr., Superintendent, Arlington National 
Cemetery, Arlington, Virginia 22211-5003.

FOR FURTHER INFORMATION CONTACT:

Mr. John C. Metzler, Jr., (703) 695-3175.

SUPPLEMENTARY INFORMATION: The Department of the Army is amending 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 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 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 interim 
final rule will not have a significant impact on small businesses or 
governments in the area.

List of Subjects in 32 CFR Part 553

    Cemeteries, National Cemeteries.

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

PART 553--ARMY NATIONAL CEMETERIES

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

    Authority: 24 U.S. Code, Chapter 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, paragraphs (e) through (h) are redesignated as 
paragraphs (f) through (i) and new paragraph (e) is added to read as 
follows:


Sec. 553.15a  Persons eligible for inurnment of cremated remains in 
Columbariun 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. 94-29026 Filed 11-23-94; 8:45 am]
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