Arlington National Cemetery: Authority, Process, and Criteria for Burial
Waivers (Testimony, 01/28/98, GAO/T-HEHS-98-81).

Pursuant to a congressional request, GAO discussed the waiver process
for burials in Arlington National Cemetery, focusing on: (1) the trends
in waiver decisions; (2) whether legal authority exists to grant
waivers; (3) the process used in making waiver decisions; and (4) the
criteria applied in the decisionmaking.

GAO noted that: (1) since 1967, 196 waivers have been granted for burial
at Arlington cemetery, and at least 144 documented requests have been
denied; (2) of the granted waivers, about 63 percent involved burial of
individuals in the same grave site as someone already interred, or
expected to be interred; (3) although the Secretary of the Army has no
explicit statutory or regulatory authority to grant waivers, it is legal
for the Secretary to do so, in part, because of the general legal
authority of the Secretary for administering Arlington; (4) GAO found
that most waiver requests have been handled through an internal Army
review process involving officials responsible for the administration of
Arlington; (5) however, this process is not followed in all cases; (6)
for example, in the case of presidential waiver decisions, the Army
process is generally bypassed; (7) in addition, this process is not
widely known or understood, which in some cases has appeared to provide
advantages to those who were persistent enough to pursue a waiver
request or who were able to obtain the assistance of high-level
government officials; and (8) while those responsible for making waiver
decisions appear to apply some generally understood criteria, these
criteria, which are not formally established, are not always
consistently applied or clearly documented.

--------------------------- Indexing Terms -----------------------------

 REPORTNUM:  T-HEHS-98-81
     TITLE:  Arlington National Cemetery: Authority, Process, and 
             Criteria for Burial Waivers
      DATE:  01/28/98
   SUBJECT:  Waivers
             Eligibility criteria
             National historic sites
             Veterans
             Executive powers
             Jurisdictional authority
             Public officials
IDENTIFIER:  Arlington National Cemetery (VA)
             
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Cover
================================================================ COVER


Before the Subcommittee on Oversight and Investigations, Committee on
Veterans' Affairs, House of Representatives

For Release on Delivery
Expected at 10:00 a.m.
Wednesday, January 28, 1998

ARLINGTON NATIONAL CEMETERY -
AUTHORITY, PROCESS, AND CRITERIA
FOR BURIAL WAIVERS

Statement of Richard L.  Hembra
Assistant Comptroller General
Health, Education, and Human Services Division

GAO/T-HEHS-98-81

GAO/HEHS-98-81T


(105760)


Abbreviations
=============================================================== ABBREV

  DOD - Department of Defense
  VA - Department of Veterans Affairs

ARLINGTON NATIONAL CEMETERY: 
AUTHORITY, PROCESS, AND CRITERIA
FOR BURIAL WAIVERS
============================================================ Chapter 0

Mr.  Chairman and Members of the Subcommittee: 

We are pleased to be here today to discuss the issue of waivers for
burial in Arlington National Cemetery.  Since its establishment in
1864, Arlington has become widely revered as a national shrine.  As
the cemetery achieved greater national recognition, particularly
following the burial of President Kennedy, requests to be buried at
Arlington grew enormously.  As a result, the space available in the
cemetery became very limited, and the Army projected in 1966 that
Arlington would soon have no room for new grave sites.  In an effort
to ensure that space remained available in Arlington for years to
come, the Department of the Army--which is responsible for
administering Arlington--promulgated regulations in 1967 that
significantly tightened eligibility standards for burial.  With
stricter eligibility standards came requests for waivers that would
allow those who were considered deserving of Arlington burial to be
interred there despite the fact that they did not meet these
standards. 

Questions have been raised recently about the waiver process in
general as well as about particular waiver decisions.  As a result,
the Subcommittee asked us to comment on (1) the trends in waiver
decisions, (2) whether legal authority exists to grant waivers, (3)
the process used in making waiver decisions, and (4) the criteria
applied in the decision-making.  My testimony today is based on our
analysis of laws and regulations governing burial at Arlington, an
in-depth review of available Department of the Army case files for
both approved and denied waivers, and discussions with officials
responsible for making waiver decisions.  As agreed with the
Subcommittee, because of the limited time available to perform our
review, we did not attempt to validate the information contained in
the Department of the Army files but did, where appropriate, obtain
clarification of information in those files from officials
responsible for making waiver decisions.  It is important to note
that the documentation of waivers requested or granted is limited,
particularly for waiver decisions before 1991. 

In summary, since 1967, 196 waivers have been granted for burial at
Arlington, and at least 144 documented requests have been denied.  Of
the granted waivers, about 63 percent involved burial of individuals
in the same grave site as someone already interred, or expected to be
interred.  Although the Secretary of the Army has no explicit
statutory or regulatory authority to grant waivers, it is legal for
the Secretary to do so, in part, because of the general legal
authority of the Secretary for administering Arlington.  We found
that most waiver requests have been handled through an internal Army
review process involving officials responsible for the administration
of Arlington.  However, this process is not followed in all cases. 
For example, in the case of presidential waiver decisions, the Army
process is generally bypassed.  In addition, this process is not
widely known or understood, which in some cases has appeared to
provide advantages to those who were persistent enough to pursue a
waiver request or who were able to obtain the assistance of
high-level government officials.  Finally, while those responsible
for making waiver decisions appear to apply some generally understood
criteria, these criteria, which are not formally established, are not
always consistently applied or clearly documented. 


   BACKGROUND
---------------------------------------------------------- Chapter 0:1

Arlington is distinct among national cemeteries in several respects. 
First, although all national cemeteries honor the service of and
sacrifices made by members of the armed forces, significant national
events--such as the burials of Unknown Soldiers and of prominent
public figures such as John F.  Kennedy--have identified Arlington as
a place of special recognition.  Second, almost all other national
cemeteries are administered by the Department of Veterans Affairs
(VA), but Arlington is administered by the Department of the Army.\1
In addition, eligibility requirements for burial in Arlington are
much more restrictive than the requirements of other national
cemeteries.  Requirements for burial in Arlington were identical or
similar to those of other national cemeteries until 1967, when the
Army imposed stricter standards to ensure that burial space would
remain available at Arlington for many more years.  Individuals who
are eligible for burial at Arlington include service members who have
died while on active duty; retired service members meeting certain
qualifications; and holders of the nation's highest military
decorations, such as the Medal of Honor, Distinguished Service Cross,
Distinguished Service Medal, Silver Star, or Purple Heart.  (App.  I
provides a more detailed list of requirements for burial at Arlington
and at other national cemeteries.)

Arlington has a total capacity of 263,639 grave sites, of which about
60,700 remain available.  Since 1967, the cemetery has averaged 2,887
burials per year.  After the Army imposed restrictive eligibility
requirements in 1967, the number of burials at Arlington sharply
declined and then remained relatively constant until 1988.  Since
that time, the number of burials has gradually increased.  The Army
projects that all grave sites at Arlington will be full by 2025,
given the expected burial rates, unless the cemetery is expanded. 

Since 1980, Arlington has offered inurnment of cremated remains in
its columbarium complex, which currently contains about 20,000
niches, with an additional 30,200 niches either planned or under
construction.  Any honorably discharged veteran, as well as his or
her spouse and dependent children, may be inurned in the columbarium. 
The columbarium was intended as an effort to deal with the problem of
limited burial space at Arlington and as an alternative for those who
wish to be buried in the cemetery but do not meet its stringent
requirements.  As of December 1997, the remains of about 22,000
individuals had been inurned in about 19,500 of the columbarium's
niches. 

The Secretary of the Army is responsible for the development,
operation, maintenance, and administration of Arlington and for
forming plans, policies, procedures, and regulations pertaining to
the cemetery.  The Secretary has delegated the functions of Arlington
burial policy formulation and oversight, including the responsibility
for making recommendations to the Secretary on requests for waivers,
to the Assistant Secretary of the Army for Manpower and Reserve
Affairs.\2

The superintendent of Arlington is the primary caretaker of the
cemetery.  This individual is responsible for its day-to-day
operations, including arranging, coordinating, and scheduling
funerals; maintaining good relations with and supplying information
to the public; and obtaining or verifying relevant documents or data. 
The superintendent also makes recommendations on waiver requests. 

Given the nature and circumstances of burial requests, Army officials
emphasized to us the urgency involved in responding to those
requesting interment in Arlington.  Therefore, these officials
attempt to respond to requests for burial within 24 to 48 hours. 


--------------------
\1 Before 1973, all national cemeteries were operated under the
authority of the Army.  However, the National Cemeteries Act of 1973
(P.L.  93-43) shifted authority for all national cemeteries other
than Arlington and the U.S.  Soldiers' and Airmen's Home National
Cemetery to VA.  VA's National Cemetery System operates and maintains
115 national cemeteries located in 39 states and Puerto Rico. 

\2 This responsibility rested with the Assistant Secretary of the
Army for Civil Works until Aug.  30, 1995. 


   TRENDS IN WAIVER DECISIONS
---------------------------------------------------------- Chapter 0:2

Our review of Army files indicated that since 1967, 196 waivers for
burial in Arlington have been granted, while at least 144 documented
waiver requests have been denied.\3

The rate at which waivers have been granted has increased steadily
since 1967:  about 17 percent of the 196 waivers were granted during
the first 15 years that waiver decisions were being made, while 83
percent of these waivers were granted during the past 15 years. 
About 63 percent of the 196 waivers granted involved burial of an
individual in the same grave site as someone already interred or
expected to be interred.  Also, about 42 percent of the total waivers
were for individuals with military service.  About 18 percent of
waivers granted for burial in a new grave site were for individuals
who did not have military service.  (App.  II provides additional
data on waiver decisions.)

Over the past 30 years, changes have occurred in the extent to which
Presidents have chosen to be involved in waiver decisions.  Before
1980, all waiver approvals were made by the President, but since
then, 72 percent of the approvals have been made by the Secretary. 
Although the Secretary did not grant waivers from 1967 to 1979, he
did deny at least 64 requests during that time. 

The Army's philosophy toward waiver decisions has also evolved since
1967.  While precisely reconstructing the basis for this evolution is
difficult, our review of documents from the late 1960s and the 1970s
and our discussions with a former superintendent of Arlington
indicate that the Army had been very reluctant to approve waivers as
a matter of policy.  This is reflected in a 1969 memorandum from the
Army Special Assistant (Civil Functions) to the Secretary that
stated, "Since the restrictive eligibility regulations for Arlington
were promulgated .  .  .  we have received many requests for
exceptions .  .  .  .  These requests have been uniformly denied and
the regulation rigidly enforced since, if an exception is authorized
in one case, it is impossible to deny it in others." A 1971
memorandum from the Under Secretary of the Army to the Secretary
states that "Although [waiver denial] decisions .  .  .  are
difficult to make, in the long run it is equitable to all involved
and prevents an early closing of the Cemetery." The memorandum goes
on to say that many waivers have been denied since 1967 and that "To
change the rules at this time would raise havoc."

The former superintendent explained to us that, sometime around 1980,
the White House expressed a desire to be less involved with waiver
decisions on a regular basis and to shift more of these decisions to
the Army.  At around the same time, the Army appears to have adopted
a more lenient approach to granting waivers, in part, because of the
number and types of cases that had been approved by the President in
the past. 


--------------------
\3 Our figures for both approvals and denials are based on available
Department of the Army documentation.  These records were often
incomplete, particularly for cases decided during the period from
1967 to 1990.  This was especially the case for records of waiver
denials, because Arlington officials believed there was less of a
need to maintain documents on the requests of those who were not
ultimately interred in the cemetery.  In addition, many denials may
have occurred informally through telephone conversations, which left
no paper record. 


   AUTHORITY FOR WAIVER DECISIONS
---------------------------------------------------------- Chapter 0:3

Although the Secretary of the Army and the President do not have
explicit legal authority to grant exceptions to the eligibility
requirements now in effect for burial at Arlington, there is a legal
basis for the Army's long-standing assertion of that authority.  In
1973, the Congress, in the National Cemeteries Act (P.L.  93-43),
expressly preserved the existing functions, powers, and duties of the
Secretary of the Army with respect to Arlington while, at the same
time, repealing the prior law that specified who was eligible for
burial at national cemeteries.  This left no explicit legal
restrictions on the Secretary's authority over burials at Arlington;
the Secretary could decide on criteria for admission as well as on
waivers.  The committees, in reporting on the bill, said that a
provision giving VA explicit authority to grant waivers for the
national cemeteries under its jurisdiction would be analogous to
"similar authority" already residing with the Secretary of the Army
regarding Arlington. 

Department of the Army officials have, on several occasions since
1967, examined the issue of the Secretary's and the President's legal
authority for granting waivers and have acknowledged that no explicit
authority exists.  In 1976, the Army General Counsel stated that "it
would be desirable to specifically recognize this authority" in
legislation pertaining to Arlington.  In 1983 and 1984, the Army
General Counsel recommended that legislation be proposed to give the
Secretary (and, by extension, the President) such authority.  The
General Counsel advised the Secretary that "Public recognition of
your explicit authority to approve exceptions to burial eligibility
policy represents sound administrative practice."

On several occasions between 1986 and 1989, Army officials submitted
to the Secretary of the Army proposed changes in Army policy that
would have, among other things, explicitly stated the Secretary's
authority to make waiver decisions.  In a memorandum forwarding the
proposal to the Secretary, the Assistant Secretary of the Army for
Civil Works noted the Army General Counsel's view that such explicit
authority would "[reduce] the possibility of charges of unfairness or
capriciousness in considering exception requests." The memorandum
also referred to the Secretary's concern about this provision and
mentioned "possible problems of drawing the general public's
attention to [the Secretary's] exception authority." Because of these
concerns, the Secretary decided not to pursue a change in official
Army policy, according to a memorandum from the military assistant in
the Office of the Assistant Secretary of the Army. 

Army officials told us that, in February 1997, they submitted a
legislative proposal that would have explicitly defined both the
Secretary's authority to grant waivers as well as some broad
categories of individuals who could be considered for waivers. 
However, these officials explained that this was done as a technical
drafting service and that they did not necessarily support such
legislation.  According to these officials, no action was taken by
the Congress on this legislation. 


   PROCESS FOR CONSIDERING WAIVER
   REQUESTS
---------------------------------------------------------- Chapter 0:4

Most waiver requests have been handled through an internal Army
review process involving officials responsible for the administration
of Arlington.  But this process has not been established through
formal rule-making, and access to and knowledge of the process may
vary widely among those inquiring about burial at Arlington.  In
addition, the Army waiver review process is not followed in all
cases, particularly in those cases in which the President makes a
waiver decision. 


      ARMY WAIVER REVIEW PROCESS
-------------------------------------------------------- Chapter 0:4.1

Waiver decisions made by the Secretary of the Army generally involve
a systematic process of review and recommendation within the
Department of the Army.  The process starts when a waiver request is
referred to the Arlington superintendent.\4 The superintendent is
responsible for verifying pertinent information about the interment
candidate, such as military service and familial relationships.  The
superintendent recommends approval or denial and forwards this
recommendation, along with related information, to the Assistant
Secretary of the Army for Manpower and Reserve Affairs.  The
Assistant Secretary then reviews the case file and the
superintendent's recommendation and makes his or her own
recommendation to approve or deny.  In formulating a recommendation,
the Assistant Secretary solicits the views of the administrative
assistant to the Secretary of the Army, the Office of General
Counsel, and the Office of the Chief of Legislative Liaison.  These
offices indicate their concurrence or nonconcurrence with the
Assistant Secretary's recommendation.  The case file, including all
recommendations and records of concurrence or nonconcurrence, is then
sent to the Secretary of the Army, who makes the final decision to
approve or deny the exception request. 

All of these actions typically occur within 48 hours in order to
respond quickly to surviving family members.  According to officials
involved in the process, this expediency imposes certain limitations
on the extent of information obtained and the ability to verify this
information.  For example, in cases in which an exception is
requested to allow the burial of one family member with another, the
superintendent indicated to us that he asks for information about
family relationships but does not always verify the information he
receives.  Similarly, he does not always obtain the consent of other
family members who may have a claim to burial in that same grave. 


--------------------
\4 Before receiving a formal waiver request, the superintendent or
his staff will sometimes answer questions and provide information to
a potential requester who has contacted the cemetery for information
on burials.  The types of questions asked and information provided
during these contacts may, in some cases, determine whether a person
decides to pursue a formal waiver request. 


      WAIVERS AUTHORIZED BY THE
      PRESIDENT
-------------------------------------------------------- Chapter 0:4.2

In contrast with decisions issued by the Secretary of the Army,
presidential decisions appear to involve little, if any, consultation
with Department of the Army officials.  In addition, the reasons for
presidential waiver decisions are generally not explained.  For most
presidential waivers, the Army is simply informed of the President's
decision to grant a waiver. 

For example, in one case, the President authorized a waiver for a
prominent public figure who was still alive.  Army officials said
they were not consulted on this matter.  Army documents indicate that
the Assistant Secretary did not favor such a waiver because the
Army's policy was not to approve waivers before the death of an
individual and that doing so in this case would set a precedent for
future waiver decisions.  To the extent that decisions are made
outside of the normal process, perceptions of inequitable and
arbitrary treatment, such as those suggested in the media, may
result. 


      PUBLIC KNOWLEDGE OF THE
      WAIVER PROCESS
-------------------------------------------------------- Chapter 0:4.3

Although a waiver process exists, it has not been formally
established in regulatory policy.  Individuals inquiring about burial
at Arlington are not necessarily provided the same information--or
any information at all--regarding the possibility of obtaining a
waiver.  The superintendent or his or her staff make a case-by-case
judgment about the type of information to provide to those making
inquiries about burial eligibility and the possibility of a waiver. 

Some individuals who inquire about burial at Arlington on behalf of
another and are told that the person on whose behalf they are making
the request is not eligible for burial at Arlington may not know that
a waiver can be pursued.  But others, who are aware of this
possibility, may choose to pursue it.  According to the
superintendent, upon making an initial request for a burial waiver
and being informed that such a request cannot be granted, some
requesters abandon their attempt to obtain a waiver.  But others
persist in their efforts and may contact a high-level government
official, such as a congressional or administration official, in
order to pursue their request. 

Some Army officials believe that these factors can make a difference
in the outcome of waiver requests and whether such requests are even
made.  In 1984, the Army General Counsel told the Secretary of the
Army that "requests for exceptions mostly come from those people
possessing information .  .  .  not available to the general public."
The General Counsel added that "initial requests for exceptions made
to Arlington .  .  .  are not treated uniformly" and that "the prior
knowledge and persistence of the individual [who is making the waiver
request] often determines what information is provided." According to
the General Counsel "a basic question of fairness [is] raised by the
operation of this type of `secret' agency practice."

When a high-level government official (outside the Department of the
Army) either makes the waiver request or expresses support for the
request, the waiver process can be vulnerable to influence.  For
example, in a case in which the Secretary of the Army approved a
waiver despite the superintendent's recommendation to deny, Army
officials recommended that the waiver request be approved because of
congressional interest and to avoid possible White House action.  The
Secretary of the Army told us, however, that his decision was not
influenced by these factors. 

In another case, a waiver request had been considered through the
normal review process and the Secretary had concurred with the
superintendent and the Assistant Secretary's recommendation that the
request be denied.  But when the Secretary of Defense became involved
and asked the Secretary of the Army to reconsider his decision, the
Army Secretary reversed his decision.  The Secretary of Defense is
not typically involved in the waiver process.  Yet in this case, the
requester had appealed the Army Secretary's original decision
directly to the Office of the Secretary of Defense on the basis of a
personal acquaintance with the Defense Secretary and his staff. 
Given that most people do not have access to high-level officials
such as the Secretary of Defense, the selective involvement of such
officials in such a sensitive process could result in inconsistencies
and perceptions of unfairness in waiver decisions. 

Although these cases indicate that involvement of high-level
officials may, in some cases, influence the waiver process, our
review also identified many cases in which such involvement did not
result in a waiver approval.  In addition, we found no evidence in
the records we reviewed to support recent media reports that
political contributions have played a role in waiver decisions. 
Where the records show some involvement or interest in a particular
case on the part of the President, executive branch officials, or
Members of the Congress or their staffs, the documents indicate only
such factors as a desire to help a constituent or a conviction that
the merits of the person being considered warranted a waiver. 

In December 1997, the Department of the Army, in response to recent
criticism, imposed new requirements for providing information to
those who inquire about burial at Arlington in an effort to ensure
consistent treatment of all individuals.  The Army also required that
the names of those who are granted waivers be published and that such
information be communicated to the proper congressional committees. 


   ABSENCE OF FORMAL WAIVER
   CRITERIA
---------------------------------------------------------- Chapter 0:5

No written criteria exist for determining when a waiver should be
granted or denied.  As a result, waiver requests that appear to be
based on similar circumstances sometimes result in different
outcomes.  The officials we spoke with said that these decisions
involve the exercise of much discretion and individual judgment.  In
other words, waivers, by their very nature, involve unique
circumstances for which specific criteria cannot be developed to
cover all cases, according to these officials. 

The Arlington superintendent and the Assistant Secretary of the Army
generally provide a rationale or cite reasons for their waiver
recommendations to the Secretary.  The reasons cited typically
revolve around five factors:  (1) the burial candidate's military
service, (2) whether the burial candidate is related to and will be
interred with someone already buried or eligible for future burial at
Arlington, (3) whether the burial candidate made extraordinary
contributions to the nation or in service to the federal government,
(4) the circumstances of the burial candidate's death, and (5)
whether similar cases have been approved or denied in the past. 
Particularly in more recent waiver decisions made by the Secretary,
Department of the Army officials have cited the disposition of one or
more of these factors as a reason to approve or deny a waiver
request. 

But it is sometimes unclear how officials weigh each factor and make
a final decision on the basis of the combination of these factors. 
As a result, the reasons cited for a waiver approval in some cases
may be similar to circumstances present in other cases that resulted
in a waiver denial. 

The problem of unclear waiver criteria is demonstrated by the
seemingly contradictory decisions and recommendations made by Army
officials on the same cases.  Since 1993, there have been 12 cases in
which the Secretary or Acting Secretary of the Army has approved a
waiver request despite the superintendent's or Assistant Secretary of
the Army's recommendation that he disapprove the request.  In three
of these cases, the Secretary reversed his own initial waiver
decision, deciding to approve waiver requests that he had originally
denied. 

Our review of the records for waiver cases decided during the tenure
of the current superintendent showed that although the bases for
waiver decisions were frequently cited by the superintendent and the
Assistant Secretary of the Army, this was not always the case for
decisions made by the Secretary of the Army and was rarely the case
for presidential waiver decisions.  In addition, the rationale for
waiver decisions made in the years before the current
superintendent's tenure, whether by the Secretary or the President,
was often undocumented.  Given the recent controversy concerning
waiver decisions, the maintenance of clear and complete records of
waiver decisions by both the Army and the White House may help to
reduce questions about waiver decisions. 

Some Army officials explained that waiver decisions are inherently
discretionary and, as such, will involve differences in opinion among
officials.  These officials do not believe that such differences
necessarily indicate unfair or arbitrary treatment.  Rather, they
emphasize that they take these decisions very seriously and recognize
their role in preserving the integrity of Arlington.  Officials we
spoke with did not believe that it would be helpful or even feasible
to develop and formalize a specific list of criteria for making
waiver decisions because this would be contrary to the very nature of
the Secretary's discretionary authority. 


   OBSERVATIONS
---------------------------------------------------------- Chapter 0:6

The Department of the Army is entrusted with the authority to
administer Arlington, one of the nation's most revered cemeteries. 
This responsibility, in combination with the constraints of limited
space, has caused the Army to impose strict eligibility requirements
for burial at Arlington.  These requirements have, in turn, resulted
in the exclusion from Arlington of many individuals who served
honorably in the military. 

Although the need to carefully scrutinize Arlington burial waiver
decisions and ensure that such waivers are rare has been consistently
acknowledged, the number of waivers allowed has grown steadily since
they were first granted in 1967.  In light of the diminishing
capacity of the cemetery and the public attention to waivers, waiver
decisions are likely to continue to be the focus of concern and
criticism on the part of veterans' groups and the American public. 
To the extent that the authority, process, and criteria for granting
waivers are unclear, inconsistent, or unknown to the public, this
criticism will likely continue. 

While there is a legal basis for the Secretary of the Army and the
President to make waiver decisions and to adopt procedures for doing
so, this authority is not explicit.  This lack of explicit authority
has been cited in the past by various Army officials as something
that could raise questions about waiver decisions made by the
Secretary.  Although Army officials have, in the past, proposed that
legislation or regulations be enacted to make this authority
explicit, they currently do not support such legislation or
regulations. 

Another area of uncertainty relates to the process used to review
waiver cases and make waiver decisions.  The process has not been
clearly and consistently communicated to all individuals who have
inquired about eligibility for burial in Arlington and has not been
made generally public.  As a result, the ability to get access to the
process can vary on the basis of the persistence and knowledge of the
individual requester.  In addition, the process differs according to
whether the President or the Secretary of the Army is making the
waiver decision and is vulnerable to influence or intervention from
officials outside the normal process.  Recent actions by the
Secretary of the Army to improve the consistency with which the
waiver process is applied will likely help in diminishing the
suspicions and concerns regarding the fairness of the process.  No
action has been taken by the Army, however, to adopt regulations
governing the waiver process or to improve the Army's communication
surrounding and involvement in presidential waiver decisions,
although the Army may be constrained in its ability to influence this
aspect. 

The absence of clear, written criteria to evaluate waiver requests
has also served as a basis for perceptions of inequity and
inconsistency in waiver decisions.  Waiver decisions made by the
Secretary of the Army appear in some cases to be inconsistent with
criteria applied in other cases.  This is particularly true in cases
in which the Secretary's decision does not follow the recommendations
of other Army officials.  Moreover, presidential decisions are
typically made without explicit reference to criteria. 

Given the current controversy over waiver decisions, several options
are available for addressing these problems, including the following: 

  -- Revising the eligibility requirements for burial in Arlington to
     include certain categories of people who generally are approved
     for waivers, such as remarried spouses or other family members
     who request to be buried in the same grave as someone who is
     already buried in Arlington.  Under such a change, these
     categories of individuals, which constituted about 63 percent of
     the waiver approvals we examined, would be automatically
     eligible and would not therefore go through the waiver process. 

  -- Eliminating the Secretary's and the President's authority to
     grant waivers.  This could, however, prevent the burial at
     Arlington of someone who is generally recognized as deserving of
     that honor but does not meet the cemetery's strict burial
     standards. 

  -- Preserving some discretion to grant waivers, but providing
     guidance in legislation for the officials who exercise the
     waiver authority.  While we agree with Army officials that it is
     not possible to establish criteria to cover all circumstances,
     some general guidance would serve to ensure that the exercise of
     discretion by the Army is not unlimited. 

  -- Expanding the acreage of Arlington to accommodate more grave
     sites, thereby easing concerns over limited space.  The
     feasibility of this option would need to be examined in terms of
     the land available near Arlington for annexation and the cost of
     acquiring such land. 

These options could be adopted individually or in various
combinations.  Each has its own advantages and disadvantages and must
be carefully considered in light of the basic purpose of Arlington. 
Regardless of which option is considered, we believe it is important
that the use of waiver authority be sound and that the waiver process
be publicly visible. 


-------------------------------------------------------- Chapter 0:6.1

Mr.  Chairman, this concludes my statement.  I will be happy to
answer any questions that you or other Members may have. 


ELIGIBILITY REQUIREMENTS FOR
BURIAL AT ARLINGTON AND AT VA'S
NATIONAL CEMETERIES
=========================================================== Appendix I

Individuals eligible for burial at Arlington include the following: 

  -- Any active duty member of the armed forces, except those members
     serving on active duty for training only. 

  -- Any retired member of the armed forces, who has service on
     active duty (other than for training), is on a retired list, and
     is entitled to receive retirement pay.  If, at the time of
     death, a retired member is not entitled to receive retirement
     pay, he or she will not be eligible for burial. 

  -- Any former member of the armed forces separated for physical
     disability before October 1, 1949, who has served on active duty
     and who would have been eligible for retirement under 10 U.S.C. 
     1202 had the statute been in effect on the date of separation. 

  -- Any honorably discharged member of the armed forces who has been
     awarded a Medal of Honor, Distinguished Service Cross,
     Distinguished Service Medal, Silver Star, or Purple Heart. 

  -- People who have held the following positions, provided they were
     honorably discharged from the armed forces:  an elective office
     of the U.S.  government; Chief Justice of the United States or
     Associate Justice of the Supreme Court of the United States; an
     office listed in 5 U.S.C.  5312 or 5 U.S.C.  5313 (level I and
     II executives); and chief of a mission if he or she was at any
     time during his or her tenure classified in class I under the
     provisions of 60 Stat.  1002, as amended (22 U.S.C.  866, 1964
     ed.). 

  -- Any former prisoner of war who served honorably, whose military
     service terminated honorably, and who died on or after November
     30, 1993. 

  -- The spouse, widow, or widower; minor child; and, at the
     discretion of the Secretary of the Army, unmarried adult child
     of any of the people listed above.  A surviving spouse who has
     remarried and whose remarriage is void, terminated by death, or
     dissolved by annulment or divorce by a court regains eligibility
     for burial in Arlington.  An unmarried adult child may be
     interred in the same grave in which the parent has been or will
     be interred, provided that child was incapable of self-support
     up to the time of death because of physical or mental condition. 

  -- Widows or widowers of service members who were reinterred in
     Arlington as part of a group burial may be interred in the same
     cemetery but not in the same grave. 

  -- The surviving spouse; minor child; and, at the discretion of the
     Secretary of the Army, unmarried adult child of any person
     already buried at Arlington. 

  -- The parents of a minor child or unmarried adult child whose
     remains are already buried at Arlington on the basis of the
     eligibility of a parent. 

Individuals eligible for burial at VA's national cemeteries include
the following: 

  -- Any person who served on active duty in the armed forces of the
     United States (Army, Navy, Air Force, Marine Corps, or Coast
     Guard) who was discharged or released therefrom under conditions
     other than dishonorable. 

  -- Any member of the armed forces of the United States who died
     while on active duty. 

  -- Any member of the reserve components of the armed forces, the
     Army National Guard, or the Air National Guard whose death
     occurs under honorable conditions while hospitalized or
     undergoing treatment, at the expense of the United States, for
     injury or disease contracted or incurred under honorable
     conditions while performing active duty for training, inactive
     for duty training, or undergoing that hospitalization or
     treatment at the expense of the United States. 

  -- Any member of the Reserve Officers' Training Corps of the Army,
     Navy, or Air Force whose death occurs under honorable conditions
     while attending an authorized training camp or on an authorized
     practice cruise; performing authorized travel to or from that
     camp or cruise; or hospitalized or undergoing treatment, at the
     expense of the United States, for injury or disease contracted
     or incurred under honorable conditions while attending that camp
     or on that cruise, performing that travel, or undergoing that
     hospitalization or treatment at the expense of the United
     States. 

  -- Any citizen of the United States 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 death. 

  -- The spouse of any person listed above or any interred veteran's
     unremarried surviving spouse. 

  -- A veteran's minor child (under 21 years of age or under 23 years
     of age if pursuing a course of instruction at an approved
     educational institution), or unmarried adult child who was
     physically or mentally disabled and incapable of self-support,
     in the same grave with the veteran or in an adjoining grave site
     if that grave was already reserved. 

  -- Such other people or classes of people as may be designated by
     the Secretary of VA. 


WAIVER DECISIONS BY ADMINISTRATION
========================================================== Appendix II

The following tables provide data on waiver decisions made under the
various administrations since 1967. 



                         Table II.1
          
          Number of Waiver Decisions Approved and
                 Denied, by Administration

                  Documented
                      waiver         Waivers       Waivers
Administration      requests        approved        denied
--------------  ------------  --------------  ------------
Clinton                   17              12             5
 1997-present
Clinton                   91              60            31
 1993-1997
Bush                      53              32            21
 1989-1993
Reagan                    48              40             8
 1985-1989
Reagan                    38              24            14
 1981-1985
Carter                    23              18             5
 1977-1981
Nixon/Ford                27               7            20
 1973-1977
Nixon                     23               1            22
 1969-1973
Johnson                   20               2            18
 1967-1969
==========================================================
Total                    340             196           144
----------------------------------------------------------


                         Table II.2
          
               Number of Waiver Decisions by
              Decisionmaker, by Administration

                                               Waivers
                                            decided by the
                          Waivers decided   Department of
                          by the President     the Army
                          ----------------  --------------
                Document
                      ed
                  waiver                    Approv
Administration  requests  Approved  Denied      ed  Denied
--------------  --------  --------  ------  ------  ------
Clinton               17         0       0      12       5
 1997-present
Clinton               91         5       0      55      31
 1993-1997
Bush                  53         0       0      32      21
 1989-1993
Reagan                48         9       0      31       8
 1985-1989
Reagan                38        13       0      11      14
 1981-1985
Carter                23        17       0       1       5
 1977-1981
Nixon/Ford            27         7       0       0      20
 1973-1977
Nixon                 23         1       0       0      22
 1969-1973
Johnson               20         2       0       0      18
 1967-1969
==========================================================
Total                340        54       0     142     144
----------------------------------------------------------


                         Table II.3
          
          Comparison of Number of Waiver Decisions
           for New-Grave and Same-Grave Space, by
                       Administration

                                             Requests for
                          Requests for new    same grave
                            grave space         space
                          ----------------  --------------
                Document
                      ed
                  waiver                    Approv
Administration  requests  Approved  Denied      ed  Denied
--------------  --------  --------  ------  ------  ------
Clinton               17         1       5      11       0
 1997-present
Clinton               91        20      28      40       3
 1993-1997
Bush                  53         2      15      30       6
 1989-1993
Reagan                48        14       7      26       1
 1985-1989
Reagan                38        15      12       9       2
 1981-1985
Carter                23        12       4       6       1
 1977-1981
Nixon/Ford            27         6      19       1       1
 1973-1977
Nixon                 23         0      19       1       3
 1969-1973
Johnson               20         2      16       0       2
 1967-1969
==========================================================
Total                340        72     125     124      19
----------------------------------------------------------


                         Table II.4
          
          Comparison of Number of Waiver Decisions
            for Individuals With and Individuals
                Without Military Service, by
                       Administration

                                             Individuals
                                               without
                          Individuals with     military
                          military service     service
                          ----------------  --------------
                Document
                      ed
                  waiver                    Approv
Administration  requests  Approved  Denied      ed  Denied
--------------  --------  --------  ------  ------  ------
Clinton               17         2       4      10       1
 1997-present
Clinton               91        21      28      39       3
 1993-1997
Bush                  53         7      14      25       7
 1989-1993
Reagan                48        16       6      24       2
 1985-1989
Reagan                38        15       4       9      10
 1981-1985
Carter                23        16       3       2       2
 1977-1981
Nixon/Ford            27         5      17       2       3
 1973-1977
Nixon                 23         0      13       1       9
 1969-1973
Johnson               20         1      12       1       6
 1967-1969
==========================================================
Total                340        83     101     113      43
----------------------------------------------------------


                                        Table II.5
                         
                         Comparison of Number of Waiver Decisions
                           for Individuals With and Individuals
                          Without Military Service, by New-Grave
                               and Same-Grave Space and by
                                      Administration

                            Individuals with military       Individuals without military
                               service requesting:              service requesting:
                         --------------------------------  ------------------------------
                            New grave        Same grave      New grave       Same grave
                         ----------------  --------------  --------------  --------------
               Document
                     ed
Administratio    waiver                    Approv          Approv          Approv
n              requests  Approved  Denied      ed  Denied      ed  Denied      ed  Denied
-------------  --------  --------  ------  ------  ------  ------  ------  ------  ------
Clinton              17         1       4       1       0       0       1      10       0
 1997-
 present
Clinton              91        16      26       5       2       4       2      35       1
 1993-1997
Bush                 53         2      14       5       0       0       1      25       6
 1989-1993
Reagan               48         9       6       7       0       5       1      19       1
 1985-1989
Reagan               38        14       4       1       0       1       8       8       2
 1981-1985
Carter               23        12       3       4       0       0       1       2       1
 1977-1981
Nixon/Ford           27         4      17       1       0       2       2       0       1
 1973-1977
Nixon                23         0      11       0       2       0       8       1       1
 1969-1973
Johnson              20         1      12       0       0       1       4       0       2
 1967-1969
=========================================================================================
Total               340        59      97      24       4      13      28     100      15
-----------------------------------------------------------------------------------------


                         Table II.6
          
          Number of Waiver Decisions in Which the
              Superintendent or the Assistant
                Secretary Was Overruled, by
                       Administration

                                    Superintendent or
                                  Assistant Secretary's
                                 recommendation overruled
                                           by:
                                --------------------------
                                       Final         Final
                                 decision to   decision to
Administration                       approve          deny
------------------------------  ------------  ------------
Clinton                                    1             0
 1997-present
Clinton                                   11             0
 1993-1997
Bush                                       1             0
 1989-1993
Reagan                                     0             0
 1985-1989
Reagan                                     0             0
 1981-1985
Carter                                     2             0
 1977-1981
Nixon/Ford                                 1             0
 1973-1977
Nixon                                      0             0
 1969-1973
Johnson                                    0             0
 1967-1969
==========================================================
Total                                     16             0
----------------------------------------------------------

*** End of document. ***