Army National Cemeteries

DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 553

Army National Cemeteries

AGENCY: Department of the Army, DOD.

ACTION: Proposed rule.

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SUMMARY: In accordance with Section 1176 of the National Defense

Authorization Act for Fiscal Year 1994, Pub. L. 103-160, the Department

of the Army is proposing to amend the regulations governing eligibility

for interment in Arlington National Cemetery to include former

prisoners of war (POWs).

DATES: Comments must be received on or before August 8, 1994.

ADDRESSES: All comments concerning this proposed rule should be

addressed to Superintendent, Arlington National Cemetery, Arlington,

Virginia 22211-5003.

FOR FURTHER INFORMATION CONTACT:

John C. Metzler, Jr., Superintendent, Arlington National Cemetery,

(703) 695-3175.

SUPPLEMENTARY INFORMATION: The Department of the Army is proposing

changes to 32 CFR Part 553 in accordance with section 1176 of the

National Defense Authorization Act for Fiscal Year 1994, Pub. L. 103-

160. That Section extended eligibility for interment in Arlington

National Cemetery to any former prisoner of war who, while a prisoner

of war, served honorably in the active military, naval, or air service

and who dies on or after the date of enactment of the 1994

Authorization Act (November 30, 1993).

This proposed rule governs eligibility for interment in Arlington

National Cemetery, an Army national cemetery which is under the

jurisdiction of the Department of the Army. Because the proposed rule

pertains to a military function of the Department of the Army, the

provisions of Executive Order 12866 do not apply. It is hereby

certified that this proposed rule will not have a significant impact on

small business or governments in the area.

Lists of Subjects in 32 CFR Part 553

Cemeteries, National Cemeteries.

For the reasons set out in the preamble, 32 CFR Part 553 is

proposed to be amended as follows:

PART 553--ARMY NATIONAL CEMETERIES

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

follows:

Authority: 24 USC Ch. 7.

2. In Sec. 553.15, paragraphs (f) through (i) are redesignated as

paragraphs (g) through (j) and new paragraph (f) is added to read as

follows:

Sec. 553.15 Persons eligible for burial in Arlington National

Cemetery.

* * * * *

(f) Any former prisoner of war who, while a prisoner of war, served

honorably in the active military, naval, or air service, whose last

period of active military, naval, or air service terminated honorably

and who died on or after November 30, 1993.

(1) The term ``former prisoner of war'' means a person who, while

serving in the active military, naval, or air service, was forcibly

detained or interned in line of duty--

(i) by an enemy government or its agents, or a hostile force,

during a period of war; or

(ii) by a foreign government or its agents, or a hostile force,

under circumstances which the Secretary of Veterans Affairs finds to

have been comparable to the circumstances under which persons have

generally been forcibly detained or interned by enemy governments

during periods of war.

(2) The term ``active military, naval, or air service'' includes

active duty, any period of active duty for training during which the

individual concerned was disabled or died from a disease or injury

incurred or aggravated in line of duty, and any period of inactive duty

training during which the individual concerned was disabled or died

from an injury incurred or aggravated in line of duty.

* * * * *

3. In Sec. 553.15a, paragraph (e) is revised to read as follows:

Sec. 553.15a Persons eligible for inurnment of cremated remains in

Columbarium in Arlington National Cemetery.

* * * * *

(e) Any former prisoner of war who, while a prisoner of war, served

honorably in the active military, naval, or air service, whose last

period of active military, naval, or air service terminated honorably

and who died on or after November 30, 1993.

(1) The term ``former prisoner of war'' means a person who, while

serving in the active military, naval, or air service, was forcibly

detained or interned in line of duty--

(i) by an enemy government or its agents, or a hostile force,

during a period of war; or

(ii) by a foreign government or its agents, or a hostile force,

under circumstances which the Secretary of Veterans Affairs finds to

have been comparable to the circumstances under which persons have

generally been forcibly detained or interned by enemy governments

during periods of war.

(2) The term ``active military, naval, or air service'' includes

active duty, any period of active duty for training during which the

individual concerned was disabled or died from a disease or injury

incurred or aggravated in line of duty, and any period of inactive duty

training during which the individual concerned was disabled or died

from an injury incurred or aggravated in line of duty.

* * * * *

Kenneth L. Denton,

Army Federal Register Liaison Officer.

[FR Doc. 94-16351 Filed 7-6-94; 8:45 am]

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