[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Proposed Rules]
[Pages 34884-34885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12210]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 1

RIN 2900-AI95


Eligibility for Burial of Adult Children; Eligibility for Burial 
of Minor Children; Eligibility for Burial of Certain Filipino Veterans

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: We propose to amend our regulations to provide a list of those 
individuals who are eligible for burial in a national cemetery. Under 
the Department of Veterans Affairs (VA) statutory authority to 
determine which unmarried adult children of eligible persons may be 
buried in national cemeteries with available space, we propose to limit 
such burials to the remains of those adult children of any age who 
became permanently incapable of self-support because of a physical or 
mental disability incurred before their reaching the age of 21 years. 
We also propose to specify that the burial of minor children of 
eligible persons is limited to those under 21 years of age, or under 23 
years of age if pursuing a full-time course of instruction at an 
approved educational institution. Additionally, this proposed amendment 
recognizes the eligibility for burial of certain Philippine 
Commonwealth Army veterans in national cemeteries.

DATES: Comments must be received on or before July 15, 2002.

ADDRESSES: Mail or hand-deliver written comments to: Director, Office 
of Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Ave., NW., Room 1154, Washington, DC 20420; or fax comments to 
(202) 273-9289; or e-mail comments to [email protected]. 
Comments should indicate that they are submitted in response to ``RIN 
2900-AI95.'' All comments received will be available for public 
inspection in the Office of Regulations Management, Room 1158, between 
the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except 
holidays).

FOR FURTHER INFORMATION CONTACT: Karen Barber, Program Analyst, 
Communications and Regulatory Division (402B1), National Cemetery 
Administration, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420; Telephone: (202) 273-5183 (this is not a 
toll-free number).

SUPPLEMENTARY INFORMATION: The provisions of 38 U.S.C. 2402 set forth 
eligibility requirements for burying the remains of persons in any 
national cemetery with available space under the jurisdiction of the 
National Cemetery Administration. We propose to amend 38 CFR 1.620 to 
state in the regulation a list of those individuals who are eligible 
for burial in a national cemetery pursuant to VA's statutory authority.
    VA has discretion under 38 U.S.C. 2402(5) to determine which 
unmarried adult children of persons listed in paragraphs (1) through 
(4) and (7) are eligible to be buried in such cemeteries. The 
provisions of 38 CFR 1.620(c) currently specify only that an unmarried 
adult child of an eligible person must have been physically or mentally 
disabled and incapable of self-support to be eligible for burial. We 
propose to amend Sec. 1.620 to specify that, to be eligible, an 
unmarried adult child of any age must have become permanently incapable 
of self-support because of a physical or mental disability that the 
child incurred before reaching the age of 21 years. We believe that 
eligibility for burial of unmarried adult children under 38 U.S.C. 
2402(5) should be limited to persons likely to have been continuously 
dependent on the person upon whom their eligibility is based.
    We also propose to amend Sec. 1.620 to clarify that, to be 
eligible, a minor child of an eligible person must be under 21 years of 
age, or under 23 years of age if pursuing a full-time course of 
instruction at an approved educational institution.
    Additionally, we propose to amend Sec. 1.620 by adding a new 
paragraph to recognize the eligibility for burial of certain Philippine 
Commonwealth

[[Page 34885]]

Army veterans in national cemeteries. To be eligible, a person must 
have served before July 1, 1946, in the organized military forces of 
the Government of the Commonwealth of the Philippines, while such 
forces were in the service of the Armed Forces of the United States 
pursuant to the military order of the President dated July 26, 1941, 
including organized guerrilla forces under commanders appointed, 
designated, or subsequently recognized by the Commander in Chief, 
Southwest Pacific Area, or other competent authority in the Army of the 
United States. At time of death, the veteran must have been a citizen 
of the United States or an alien lawfully admitted for permanent 
residence in the United States and have resided in the United States.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Executive Order 12866

    This document has been review by the Office of Management and 
Budget under Executive Order 12866.

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule will not 
have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act, 5 
U.S.C. 601-612. Only individual VA beneficiaries would be directly 
affected. Therefore, pursuant to 5 U.S.C. 605(b), this proposed rule is 
exempt from the initial and final regulatory flexibility analyses 
requirements of sections 603 and 604.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that 
agencies prepare an assessment of anticipated costs and benefits before 
developing any rule that may result in an expenditure by State, local, 
or tribal governments, in the aggregate, or by the private sector of 
$100 million or more in any given year. This rule would have no 
consequential effect on State, local, or tribal governments.

Catalog of Federal Domestic Assistance Program Number

    The Catalog of Federal Domestic Assistance program number for this 
document is 64.201.

List of Subjects in 38 CFR Part 1

    Administrative practice and procedure, Cemeteries, Claims, Privacy, 
Security measures, Veterans.

    Approved: March 12, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, VA proposes amending 38 
CFR part 1 as follows:

PART 1--GENERAL PROVISIONS

    1. The authority citation for part 1 continues to read as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.

    2. Section 1.620 is revised to read as follows:


Sec. 1.620  Eligibility for burial.

    The following is a list of those individuals who are eligible for 
burial in a national cemetery:
    (a) Any veteran (which for purposes of this section includes a 
person who died in the active military, naval, or air service).
    (b) Any member of a Reserve component of the Armed Forces, and any 
member of the Army National Guard or the Air National Guard, whose 
death occurs under honorable conditions while such member is 
hospitalized or undergoing treatment, at the expense of the United 
States, for injury or disease contracted or incurred under honorable 
conditions while such member is performing active duty for training, 
inactive duty training, or undergoing that hospitalization or treatment 
at the expense of the United States.
    (c) Any Member of the Reserve Officers' Training Corps of the Army, 
Navy, or Air Force whose death occurs under honorable conditions while 
such member is--
    (1) Attending an authorized training camp or on an authorized 
practice cruise;
    (2) Performing authorized travel to or from that camp or cruise; or
    (3) Hospitalized or undergoing treatment, at the expense of the 
United States, for injury or disease contracted or incurred under 
honorable conditions while such member is--
    (i) Attending that camp or on that cruise;
    (ii) Performing that travel; or
    (iii) Undergoing that hospitalization or treatment at the expense 
of the United States.
    (d) Any person who, during any war in which the United States is or 
has been engaged, served in the armed forces of any government allied 
with the United States during that war, whose last such service 
terminated honorably, and who was a citizen of the United States at the 
time of entry on such service and at the time of his or her death.
    (e) The spouse, surviving spouse (which for purposes of this 
section includes an unremarried surviving spouse who had a subsequent 
remarriage which was terminated by death or divorce), minor child 
(which for purposes of this section is limited to a child under 21 
years of age, or under 23 years of age if pursuing a full-time course 
of instruction at an approved educational institution), and unmarried 
adult child (which for purposes of this section is limited to a child 
who became permanently physically or mentally disabled and incapable of 
self-support before reaching 21 years of age) of a person eligible 
under paragraph (a), (b), (c), (d), or (g) of this section.
    (f) Such other persons or classes of persons as may be designated 
by the Secretary.
    (g) Any person who at the time of death was entitled to retired pay 
under chapter 1223 of title 10, United States Code, or would have been 
entitled to retired pay under that chapter but for the fact that the 
person was under 60 years of age.
    (h) Any person with service before July 1, 1946, in the organized 
military forces of the Government of the Commonwealth of the 
Philippines, while such forces were in the service of the Armed Forces 
of the United States pursuant to the military order of the President 
dated July 26, 1941, including organized guerrilla forces under 
commanders appointed, designated, or subsequently recognized by the 
Commander in Chief, Southwest Pacific Area, or other competent 
authority in the Army of the United States, if such person at the time 
of death--
    (1) Was a citizen of the United States or an alien lawfully 
admitted for permanent residence in the United States; and
    (2) Resided in the United States.

(Authority: 38 U.S.C. 501, 2402)

[FR Doc. 02-12210 Filed 5-15-02; 8:45 am]
BILLING CODE 8320-01-P