Eligibility of Former Prisoners of War (POWs) for Interment in Arlington National Cemetery

DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 553

Eligibility of Former Prisoners of War (POWs) for Interment in

Arlington National Cemetery

AGENCY: Department of the Army, DOD.

ACTION: Interim Final 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 amending the regulations governing eligibility for

interment in Arlington National Cemetery to include former prisoners of

war (POWs).

DATES: Effective date: November 25, 1994. Comments must be received not

later than December 27, 1994.

ADDRESSES: All comments concerning this interim final rule should be

addressed to John C. Metzler, Jr., Superintendent, Arlington National

Cemetery, Arlington, Virginia 22211-5003.

FOR FURTHER INFORMATION CONTACT:

Mr. John C. Metzler, Jr., (703) 695-3175.

SUPPLEMENTARY INFORMATION: The Department of the Army is amending 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 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 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 interim

final rule will not have a significant impact on small businesses or

governments in the area.

List of Subjects in 32 CFR Part 553

Cemeteries, National Cemeteries.

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

as follows:

PART 553--ARMY NATIONAL CEMETERIES

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

Authority: 24 U.S. Code, Chapter 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, paragraphs (e) through (h) are redesignated as

paragraphs (f) through (i) and new paragraph (e) is added to read as

follows:

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

Columbariun 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. 94-29026 Filed 11-23-94; 8:45 am]

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