[House Report 107-346]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-346
======================================================================
TO AMEND TITLE 38, UNITED STATES CODE, TO ENACT INTO LAW ELIGIBILITY OF
CERTAIN VETERANS AND THEIR DEPENDENTS FOR BURIAL IN ARLINGTON NATIONAL
CEMETERY
_______
December 19, 2001.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of New Jersey, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 3423]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred the
bill (H.R. 3423) to amend title 38, United States Code, to
enact into law eligibility of certain veterans and their
dependents for burial in Arlington National Cemetery, having
considered the same, reports favorably thereon with amendments
and recommends that the bill as amended do pass.
The amendments (stated in terms of the page and line number
of the introduced bill) are as follows:
Page 3, after line 9, add the following new section:
SEC. 2. PLACEMENT OF MEMORIAL IN ARLINGTON NATIONAL CEMETERY HONORING
THE VICTIMS OF THE ACTS OF TERRORISM PERPETRATED
AGAINST THE UNITED STATES ON SEPTEMBER 11, 2001.
(a) Authorization To Place Memorial.--The Secretary of the Army is
authorized to construct and place in Arlington National Cemetery a
memorial marker honoring the victims of the acts of terrorism
perpetrated against the United States on September 11, 2001.
(b) Consultation with Families of Victims Before Use of Authority.--
The Secretary of the Army shall consult with the families of victims of
such acts of terrorism prior to the exercise of the authority provided
for under subsection (a).
Amend the title so as to read:
A bill to amend title 38, United States Code, to enact into law
eligibility of certain Reservists and their dependents for burial in
Arlington National Cemetery, and for other purposes.
Introduction
The reported bill reflects the Committee's consideration of
H.R. 3423, as amended.
On December 6, 2001, the Chairman of the Veterans' Affairs
Committee, the Honorable Chris Smith, along with Honorable
Michael Bilirakis, Honorable Steve Buyer, Honorable Mike
Simpson, Honorable Richard Baker, Honorable Rob Simmons,
Honorable Frank Wolf, and Honorable Tom Davis of Virginia,
introduced H.R. 3423 to amend title 38, United States Code, to
enact into law eligibility of certain veterans and their
dependents for burial at Arlington National Cemetery.
On December 13, 2001, the Committee on Veterans' Affairs
held a hearing on H.R. 3423. The Committee received testimony
from Mr. John C. Metzler, Superintendent, Arlington National
Cemetery; Mr. Bob Manhan, Assistant Director, National
Legislative Service, Veterans of Foreign Wars of the United
States; Mr. Steven Garrett, Deputy Legislative Director, The
Retired Enlisted Association; Mr. Richard C. Schneider,
Director of State/Veterans Affairs, Non Commissioned Officers
Association; Mr. Bob Norton, Director of Government Relations,
The Retired Officers Association; and Mr. Patrick Eddington,
Associate Director, Vietnam Veterans of America.
On December 13, 2001, the full Committee met and ordered
H.R. 3423 reported favorably, as amended, to the House by
unanimous voice vote.
Summary of the Reported Bill
H.R. 3423, as amended, would:
1. Make eligible for in-ground burial at Arlington
National Cemetery a member or former member of a reserve
component of the Armed Forces who at the time of death was
under 60 years of age and but for age, would have been eligible
for military retired pay under title 10, United States Code.
The bill would also extend eligibility to the member's
dependents.
2. Make eligible for in-ground burial at Arlington
National Cemetery a member of a reserve component of the Armed
Forces who dies in the line of duty while on active duty for
training or inactive duty training. The bill would also extend
eligibility to the member's dependents.
3. Authorize the Secretary of the Army to construct and
place a memorial at Arlington National Cemetery honoring the
victims of the acts of terrorism perpetrated against the United
States on September 11, 2001. The Secretary of the Army would
be required to consult with the families of the victims of such
acts of terrorism prior to the exercise of such authority.
Background
Under Army regulations, 32 CFR 553.15, the persons
specified below, whose last period of active duty in the Armed
Forces ended honorably, are eligible for in-ground burial at
Arlington National Cemetery:
1. Any active duty member of the Armed Forces, except
those serving on active duty for training purposes only.
2. Any veteran retired from active military service with
the Armed Forces.
3. Any veteran who is retired from the Reserves is
eligible upon reaching the age of 60 and who is drawing retired
pay, and who served a period of active duty (other than for
training).
4. Any former member of the Armed Forces separated
honorably prior to October 1, 1949, for medical reasons with a
30 percent or greater disability rating effective on the day of
discharge.
5. Any former member of the Armed Forces awarded one of
the following decorations:
Medal of Honor;
Distinguished Service Cross (Air Force
Cross or Navy Cross);
Distinguished Service Medal;
Silver Star; or
Purple Heart.
6. The current and any former President of the United
States.
7. Any former member of the Armed Forces who served on
active duty (other than for training purposes) and held any of
the following positions:
An elective office of the U.S.
Government;
Office of the Chief Justice of the United
States or an Associate Justice of the Supreme Court of
the United States;
An office listed, at the time the
individual held the position, in 5 USC 5312 or 5313
(Levels I and II of the Executive Schedule); or
The chief of a mission who at the time
during his/her tenure was classified in Class I under
the provisions of Section 411, Act of 13 August 1946,
60 Stat. 1002, as amended (22 USC 866) or as listed in
State Department memorandum dated March 21, 1988.
8. Any former prisoner of war (POW) who, while a POW,
served honorably in the active military, naval or air service,
whose last period of service terminated honorably and who died
on or after November 30, 1993.
9. The spouse, widow or widower, minor children,
permanently dependent children, and certain unmarried adult
children of any above eligible veterans.
10. The widow or widower of:
A member of the Armed Forces lost or
buried at sea, or officially determined missing in
action;
A member of the Armed Forces buried in a
U.S. military cemetery overseas maintained by the
American Battle Monuments Commission; or,
A member of the Armed Forces interred in
Arlington National Cemetery as part of a group burial.
11. The parents of a minor child, or permanently dependent
child whose remains, based on the eligibility of a parent, are
buried in Arlington National Cemetery. A spouse divorced from
the primary eligible, or widowed and remarried, is not eligible
for interment.
12. The surviving spouse, minor children, and permanently
dependent children of any eligible veteran buried in Arlington
National Cemetery.
13. Provided certain conditions are met, a former member
of the Armed Forces may be buried in the same grave with a
close relative who is buried in Arlington National Cemetery and
who is the primary eligible.
Army regulations governing Arlington National Cemetery have
never contained an explicit provision providing for waivers to
eligibility requirements. Since 1967, however, the Secretary of
the Army and the President have granted what the Army has
termed ``exceptions'' to the general eligibility requirements
in extraordinary individual cases.
Waivers for individuals not meeting the ordinary
eligibility criteria have largely been based on outstanding
contributions to the military or the Nation itself, or death
under tragic circumstances while serving the Nation in some
noteworthy capacity. A small number of these waivers have
allowed in-ground burial at Arlington for retired reserve
members who died before age 60 or who died while in training
status.
Under the Army regulations, Captain Charles Burlingame III,
the pilot of the airliner that crashed into the Pentagon on
September 11, 2001, was ineligible for a burial plot at
Arlington because, although he had retired from the Navy
Reserve after a distinguished career as a fighter pilot, he was
51 years old at the time of his death. The Secretary of the
Army granted a waiver and on December 12, 2001, Captain
Burlingame was interred at Arlington.
Veterans and their dependents who are eligible for in-
ground burial in national cemeteries other than Arlington are
also currently eligible for inurnment of their cremated remains
at the Arlington columbarium.
Discussion of the Reported Bill
H.R. 3423, as amended, would revise existing law by
eliminating the requirement that retired reservists be in
receipt of their retirement pay under title 10, United States
Code, to be eligible for in-ground burial at Arlington National
Cemetery. Retired reservists must be 60 years old in order to
receive retirement pay. Retirees from reserve service who are
not yet 60 years old are often referred to as being in the
``gray zone.'' The bill would also make eligible for in-ground
burial members of reserve components who die in the line of
duty during active duty for training or inactive duty training.
Burial space is limited at Arlington and the Committee
appreciates the Army's interest in maintaining its strict
eligibility rules. Over the years, Congress has extended
veterans' benefits to members of the reserve components (the
Reserve and National Guard) that were previously available only
to veterans who had served on active duty. For example, section
301 of Public Law 106-419 expanded the definition of active
military service so that a reservist or National Guard member
who suffers a heart attack or stroke during inactive duty
training now qualifies for certain veterans' benefits.
Reservists play an essential role in the total force
concept of today's military. The reserve components are
responsible for providing many critical skills and mission
capabilities. During the Persian Gulf War, 106,047 members of
reserve components were mobilized, and in the war against
terrorism, 75,229 members of reserve components (as of December
18, 2001) have been mobilized. The Committee believes it is
inequitable that a reservist who serves our Nation for a
minimum of 20 years should be ineligible for in-ground burial
at Arlington because he or she had the misfortune to die prior
to age 60.
Similarly, this legislation would also extend burial
eligibility to members of a reserve component who die in the
line of duty while performing training duty. The Committee sees
no reason why a reservist's eligibility for burial at Arlington
should be based on whether that person was--or was not--in
training status when he or she died in the line of duty. In
today's military, there is no practical difference, and members
of the reserve components make a direct contribution to the
defense of the Nation when technically in ``training'' status.
H.R. 3423, as amended, would also authorize the Secretary
of the Army to construct and place at Arlington a memorial
honoring the victims of the acts of terrorism perpetrated
against the United States on September 11, 2001. Before taking
action under this discretionary authority, the Secretary of the
Army would be required to consult with the families of the
victims of these terrorist acts.
Section-By-Section Analysis
Section 1 would create a new section 2412 of title 38,
United States Code, entitled ``Arlington National Cemetery:
eligibility of certain persons for burial''.
Section 1(a) would make eligible for in-ground burial at
Arlington the remains of a member or former member of a reserve
component of the Armed Forces who was under 60 years of age and
who, but for age, would have been eligible at the time of death
for retirement pay under chapter 1223 of title 10, United
States Code, on the same basis as the remains of members of the
Armed Forces entitled to retired pay under that chapter; it
would also accord eligibility to the member's dependents.
Section 1(b) would make eligible for in-ground burial at
Arlington the remains of a member of a reserve component of the
Armed Forces who dies in the line of duty while on active duty
for training or inactive duty training on the same basis as the
remains of a member of the Armed Forces who dies while on
active duty; it would also accord eligibility to the member's
dependents.
Section 2 would make the effective date of this provision
applicable to interments occurring on or after the date of
enactment of this Act.
Section 3 would authorize the Secretary of the Army to
construct and place in Arlington National Cemetery a memorial
marker honoring the victims of the acts of terrorism
perpetrated against the United States on September 11, 2001.
The section would also require the Secretary of the Army to
consult with the families of victims of such acts of terrorism
prior to the exercise of such authority.
Performance Goals and Objectives
The reported bill changes burial eligibility for Arlington
National Cemetery and provides the Secretary of the Army
discretionary authority to place a memorial there. The
Committee conducts regular oversight of Arlington National
Cemetery.
STATEMENT OF ADMINISTRATIONS VIEWS
Department of the Army
[December 13, 2001]
Complete Statement of John C. Metzler, Superintendent Arlington
National Cemetery before the Committee on Veterans Affairs, United
States House of Representatives on Proposed Changes in Burial
Eligibility
Mr. Chairman and Distinguished Members of the Committee:
Introduction
I appreciate the opportunity to appear before this committee to
discuss proposed legislation regarding eligibility criteria for burial
at Arlington National Cemetery. The Secretary of the Army is
responsible for burial policy at Arlington National Cemetery. I am here
to provide the Army's comments on the proposed legislation and answer
any questions you may have.
Arlington National Cemetery is America's most prominent National
Cemetery and serves as a shrine honoring the men and women who have
served in the Armed Forces. It is a visible reflection of America's
appreciation for those individuals whose acts and accomplishments
reflect the highest service to the country.
Funerals
In Fiscal Year 2001, there were 3,727 interments and 2,212
inurnments. In Fiscal Year 2002, we estimate there will be 3,800
interments and 2,500 inurnments. Looking ahead to Fiscal Year 2003, we
estimate there will be 3,925 interments and 2,700 inurnments.
Ceremonies and Visitation
Thousands of visitors visit Arlington National Cemetery to
participate in ceremonial events and pay their respects to our fallen
heroes. During Fiscal Year 2001, about 3,000 ceremonies were conducted
at this treasured National Cemetery. The President of the United States
attended ceremonies we conducted commemorating Veterans Day and
Memorial Day.
Proposed Legislation
As you know, the space that we have available in Arlington Cemetery
is limited and has required the establishment of rules to regulate
burial eligibility. The rules governing burial eligibility in Arlington
National Cemetery are set forth in Title 32 of the Code of Federal
Regulations. The Army, as the executive agent for the Cemetery, strives
to implement these regulations fairly and consistent with the space
limitations we face.
The Army is troubled with the proposed legislation contained in
H.R. 3423, regarding the extension of burial privileges in Arlington
National Cemetery to certain current and former reserve component
members of the Armed Forces and their dependents. The legislation
expands eligibility for burial in Arlington National Cemetery beyond
that which can be supported by current space constraints and will
likely cause the denial of this privilege to other eligible persons.
Under current projections, the group of newly eligible reservists
under the proposed legislation would exceed 188,000, not to mention
their dependents, whose number I do not know. While the long-term
effect of such an expansion is not now known, clearly the number of
eligible veterans will be greatly expanded at a time when we are
already projecting that Arlington National Cemetery will exhaust its
current space by 2025.
The Army leadership was aware that Senators Warner and Stevens had
introduced legislation (Section 3135 of H. R. 3338) that narrowly
tailors expansion of the eligibility criteria to authorize individual
interment in Arlington National Cemetery for those retired members of
the Armed Forces reserves, not otherwise eligible, who died in the
September 11th terrorist attacks. The Secretary was also sensitive to
the fact that any legislative proposal would likely not be enacted in
time to accommodate a request for burial on December 12th as an
exception to the burial policy. Thus, to honor the intent of the
proposed legislation and to spare the family any further grief, the
Secretary of the Army granted an exception to allow the burial of
retired Naval Reserve Captain Charles F. Burlingame, III, in a separate
grave in Arlington National Cemetery.
Conclusion
Mr. Chairman, this concludes my remarks. I will be pleased to
respond to questions from the committee.
Congressional Budget Office Cost Estimate
The following letter was received from the Congressional
Budget Office concerning the cost of the reported bill:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 18, 2001.
Hon. Christopher H. Smith
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. 3423, a bill to
amend title 38, United States Code, to enact into law
eligibility of certain veterans and their dependents for burial
in Arlington National Cemetery.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Michelle S.
Patterson, who can reached at 226-2840.
Sincerely,
Dan L. Crippen,
Director.
Enclosure.
H.R. 3423, A bill to amend title 38, United States Code, to enact into
law eligibility of certain veterans and their dependents for burial in
Arlington National Cemetery, As ordered reported by the House Committee
on Veterans' Affairs on December 13, 2001
H.R. 3423 would amend the eligibility requirements for
burial in Arlington National Cemetery to allow more reservists
and their spouses to be buried there. CBO estimates that
implementing this bill would cost less than $500,000 a year,
subject to the availability of appropriated funds. Because this
bill would not affect direct spending or receipts, pay-as-you-
go procedures would not apply.
Under current law, only reservists who are eligible for
retirement pay and have reached age 60 or who were killed while
on active duty may be buried in Arlington National Cemetery.
This bill would eliminate the requirement that current and
retired reservists be at least 60 years old. It also would
allow those killed while on active duty for training or
inactive-duty training to be eligible for burial in Arlington
National Cemetery. Spouses of these reservists would also be
eligible.
Based on data from the Department of Defense, CBO estimates
that about 800 reservists die each year who would be eligible
for burial in Arlington National Cemetery under is bill.
Because Arlington is not centrally located in the United States
and many families would likely choose to have their loved one
buried close to home, CBO assumes that less than 10 percent of
those eligible would actually be buried in Arlington National
Cemetery. This percentage is consistent with a recent survey
conducted by the Department of Veterans Affairs which found
that about 12 percent of veterans are buried in a state or
national veterans cemetery. Of those surveyed who expressed no
desire to be buried in a veterans cemetery, almost half cited
distance or an existing family plot as the reason. With burial
costs of about $1,000 per grave, CBO estimates that this bill
would increase spending by less than $500,000 a year, assuming
appropriation of the necessary amounts.
This bill would also give the Secretary of the Army the
authority to build a memorial to the victims of the September
11 terrorist attacks in Arlington National Cemetery after
consulting with the victims' families. Assuming that a memorial
would be built in this location, CBO cannot estimate the
eventual cost since the design and scope of the memorial are
unknown at this time. A smaller monument, such as the one in
Arlington National Cemetery memorializing the astronauts of the
Space Shuttle Challenger, could cost about $15,000 to design
and build. A larger monument, such as the obelisk commemorating
the Third Infantry Division on Memorial Drive in the cemetery,
could cost about $125,000. In recent years, monuments to other
victims of terrorism and disaster have been largely funded by
private groups.
H.R. 3423 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 is Michelle S. Patterson, who can be
reached at 226-2840. This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
Applicability to Legislative Branch
The reported bill would not be applicable to the
legislative branch under the Congressional Accountability Act,
Public Law 104-1, because the bill would only affect burial
eligibility for Arlington National Cemetery.
Statement of Federal Mandates
The reported bill would not establish a federal mandate
under the Unfunded Reform Act, Public Law 104-4.
Statement of Constitutional Authority
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.''
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 italics 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.
2400. Establishment of National Cemetery Administration; composition
of Administration.
* * * * * * *
2412. Arlington National Cemetery: eligibility of certain persons for
burial.
* * * * * * *
Sec. 2412. Arlington National Cemetery: eligibility of certain persons
for burial
(a)(1) The remains of a member or former member of a reserve
component of the Armed Forces who at the time of death was
under 60 years of age and who, but for age, would have been
eligible at the time of death for retired pay under chapter
1223 of title 10 may be buried in Arlington National Cemetery
on the same basis as the remains of members of the Armed Forces
entitled to retired pay under that chapter.
(2) The remains of the dependents of a member whose remains
are permitted under paragraph (1) to be buried in Arlington
National Cemetery may be buried in that cemetery on the same
basis as dependents of members of the Armed Forces entitled to
retired pay under such chapter 1223.
(b)(1) The remains of a member of a reserve component of the
Armed Forces who dies in the line of duty while on active duty
for training or inactive duty training may be buried in
Arlington National Cemetery on the same basis as the remains of
a member of the Armed Forces who dies while on active duty.
(2) The remains of the dependents of a member whose remains
are permitted under paragraph (1) to be buried in Arlington
National Cemetery may be buried in that cemetery on the same
basis as dependents of members on active duty.
* * * * * * *