House Committee on Veterans' Affairs

Hearings » Legislative Hearing on H.R. 811, H.R. 1407, H.R. 1441, H.R. 1484, H.R. 1627, H.R. 1647, and H. Con. Res. 12

INTRODUCTION

Mr. Chairman, Ranking Member McNerney, and distinguished members of the Subcommittee, thank you for the opportunity to provide the Department of the Army’s views on H.R. 1441, H.R. 1627 and H. Con. Res. 12.

Arlington National Cemetery is both the most hallowed burial ground of our Nation's fallen and one of the most visited tourist sites in the Washington, DC, area. A fully operational national cemetery since May 1864, Arlington National Cemetery presently conducts an average of 27 funerals each workday-final farewells to fallen heroes from the fronts of Iraq and Afghanistan, as well as to veterans of World War II, the Korean conflict, Vietnam and the Cold War and their family members. While maintaining the honor, dignity and privacy of each graveside service, Arlington National Cemetery hosts approximately 4 million guests annually. This duality of purpose serves to bring the national shrine of Arlington National Cemetery, and the sacrifices of those buried there, closer to the American people.  On behalf of the cemeteries and the Department of the Army, I would like to express our appreciation for the support that Congress has provided over the years.

H.R. 1441

H.R. 1441 would amend title 38, United States Code, to codify the prohibition against the reservation of gravesites at Arlington National Cemetery.  As drafted, H.R. 1441 would prohibit more than one gravesite per eligible veteran and would also prohibit gravesite reservations prior to the time of need with an exception for written “requests” for a reserved gravesite made prior to January 1, 1962, regardless of current eligibility requirements. 

Current Army regulations establish a “one-gravesite-per-family” policy. This rule has been in effect since 1961. One important element of Army policy is that the Army may allow exceptions to the “one-gravesite-per-family” policy when strict adherence to the policy is not feasible.  This policy is set forth at 32 C.F.R. § 553.18(a) and Army Regulation 290-5 § 2-5(a).  H.R. 1441, as drafted, does not, but in the Department’s view should, provide the Secretary of the Army with the requisite authority to make an appropriately justified exception to the “one-gravesite-per-family” policy. The Army recommends modifying H.R. 1441 accordingly.

Similarly, the Army currently prohibits reserving gravesites prior to time of need and does not honor gravesite reservations unless (1) the reservation was made in writing before the “one-gravesite-per-family” policy was established, (2) an eligible person was interred before the one-gravesite-per-family policy was established, and (3) the person holding the reservation for the adjacent gravesite is eligible for interment at Arlington National Cemetery under current Army eligibility rules.  This policy is set forth at 32 C.F.R. § 553.18 and Army Regulation 290-5 §2-5.  This exception to the prohibition on reservations is necessary because prior to the “one-gravesite-per-family” policy, individuals were not interred at depths that would accommodate two or three subsequent burials in the same gravesite like they are today.

As drafted, proposed section 2410A(b) in H.R. 1441 reflects the Army’s current policy prohibiting reservations.  Section 1(c)(2) of H.R. 1441, however, creates an exception to the prohibition on reservations for those who have a “written request for a reserved gravesite [that] was submitted to the Secretary of the Army before January 1, 1962.” This exception would alter current Army policy by allowing reservations for those with only a reservation request rather than an approved reservation before 1962.  The requirement for a valid reservation, not just a request, is necessary to implement H.R. 1441.  

The Department has no objection to the reporting requirement contained in section 1(d) of H.R. 1441.

H.R. 1627

H.R. 1627 would amend Section 2409 of Title 38, United States Code, to provide for certain requirements for the placement of monuments in Arlington National Cemetery, and for other purposes.  As drafted, H.R. 1627 codifies what is already Army policy regarding commemorative memorials at Arlington National Cemetery with one notable exception.  Currently, “commemorative monuments” (monuments that commemorate an individual, group or event (in contrast to “individual memorial markers” authorized by 38 U.S.C. § 2409)) may be placed in Arlington National Cemetery only after they are authorized by a joint or concurrent resolution of Congress.  This policy and rule is promulgated at 32 C.F.R. § 553.22(l).  As drafted, H.R. 1627 does not address the Army’s current policy requiring joint resolution by Congress before a new “commemorative monument” is authorized to be placed within Arlington National Cemetery.  The Department would not oppose H.R. 1627 if amended to clearly articulate the requirement that Congress authorize, by joint or concurrent resolution, all “commemorative monuments” prior to placement in Arlington National Cemetery.

The Army does not read the proposed amendment to §2409 to alter, or in any way affect, the placement of “individual memorial markers” for service members and veterans pursuant to  §2409.

H. CON. RES. 12

H. Con. Res. 12 expresses the sense of Congress that an appropriate site on Chaplain’s Hill in Arlington National Cemetery should be provided for a memorial marker to honor the memory of Jewish chaplains who died while on active duty in the Armed Forces of the United States.  Reliance on a Congressional resolution to authorize placement of a commemorative monument at Arlington National Cemetery is consistent with current Army policy.  Although H. Con. Res.. 12 grants the Secretary of the Army “exclusive authority to approve the design and site of the memorial marker,” because the language does not preclude or address the Army’s current policy to consult with the Commission of Fine Arts, the Army would still require the proposed commemorative monument to undergo review by the Commission.

Although the Department does not take a position on the merits of this or any other proposed commemorative monument prior to Congressional authorization, the Army stands ready to execute the intent of Congress upon passage of the concurrent resolution.

CONCLUSION

The Department, as a general proposition, supports the codification of current Army rules and policy pertaining to the operation and management of Arlington National Cemetery and the U.S. Soldiers’ and Airmen’s Home National Cemetery.  H.R. 1411 and H.R. 1627 both attempt to codify existing rules and or policy. The Department does not oppose the proposed codifications (H.R. 1411, H.R. 1627), subject to points of clarification discussed above.  The Army has no objection to H. Con. Res. 12 and would be prepared to facilitate Congressional intent consistent with current policy if enacted.

Mr. Chairman, this concludes my testimony.  I will gladly respond to any questions that you or the subcommittee members may have.