PAGENO="0001" NATIONAL CEMETERIES ACT OF 1972 ~ ~ i~ HEARINGS BEFORE THE COMMITTEE ON VETERANS' AFFAIRS UNITED STATES SENATE NINETY-SECOND CONGRESS SECOND SESSION ON S. 2052 AND RELATED BILLS FEBRUARY 22, 1972 PART 1 Printed for the use of the Committee on Veterans' Affairs U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1972 PAGENO="0002" COMMITTEE ON VETERANS' AFFAIRS VANCE HARTKE, Indiana, Chairman HERMAN E. TALMADGE, Georgia STROM TBIJRMOND, South Carolina 3ENNINGS RANDOLPH, West Virginia CLIFFORD P. HANSEN, Wyoming HAROLD E. HUGHES, Iowa ROBERT T. STAFFORD, Vermont ALAN CRANSTON, California WILLIAM B. SAXBE, Ohio FaANK Baizzi, Staff Director Gut H. MCMICEAEL III, General Coun8el (II) PAGENO="0003" CONTENTS FEBRUARY 22, 1972 Opening statement of Hon. Strom Thurmond, ranking minority member, Page Committee on Veterans' Affairs 1 Bill 5. 2052, as referred to the Committee on Veterans' Affairs: Text of 3 Agency reports of: Veterans' Administration, including section-by-section analysis of_ 28 Office of Management and Budget 35 Department of the Army 36 Department of the Navy 37 Comptroller General of the United States 38 Report of the American Battle Monuments Commission 39 Bills referred to the Committee on Veterans' Affairs: S.134 41 S.235 43 5. 394 45 5. 709 47 5. 1933 49 S. 1984 50 5. 2792 52 5. 2983 54 S. 2998 56 S. 3004 57 5. 3053 58 S. 3081 60 5. 3213 62 5. 3292 64 S.3413 66 Department of the Army report on S. 134, S. 235, S. 394, 5. 709, 5. 1933, and 5. 1984 71 Veterans' Administration report. on 5. 134 S. 235 S. 394 5. 709, 5. 1933, S. 1984, S. 2792, 5. 2983, 5. 2998, 5. 3053 and 5. 3081 72 Office of Management and Budget report on S. 134, with enclosement. - - 74 Department of the Army reports on: S.2792 75 S. 2983 76 5. 2998 77 5. 3004 78 5. 3053 80 5. 3081 81 Veterans' Administration reports on: S.3004 79 S.3213 82 Agency reports on 5. 3213: Department of the Army 83 Office of Management and Budget 84 Agency reports on 5. 3292: Department of the Army 85 Office of Management and Budget 86 Veterans' Administration report on 5. 3413 87 Statement of- Charles R. Ford, Chief of Civil Functions, Office of the Under Sec- retary of the Army; accompanied by Carl T. No!!, Acting Chief of the Memorial Division; and Col. Vincent L. Corrado, Chief of Support Services 88 Rufus H. Wilson, Associate Deputy Administrator, Veterans' Ad- ministration, accompanied by A. T. Bronaugh, Robert E. Coy, John E. Willoughby, Alvin Kepley, Herbert B. Mars, and John P. Travers 300 (III) PAGENO="0004" IV Statement of-Continued Charles E. Mattingly, deputy director, National Legislative Commis-. Page sion, The American Legion, accompanied by Robert E. Lynch - - 395 Francis W. Stover, director, National Legislative Service, Veterans of Foreign Wars, accompanied by Norman B. Jones 400 Herbert M. Houston, director, National Legislative Service of Veterans of World War 1 of the U.S.A., accompanied by J. B. Koch, Floyd E. Henderson 439 Hon. Clifford P. Hansen, a U.S. Senator from the State of Wyoming - 441 Hon. Gale McGee, a U.S. Senator from the State of Wyoming 442 Hon. Ted Stevens, a U.S. Senator from the State of Alaska 443 Hon. Howard W. Cannon, a U.S. Senator from the State of Nevada 448 Hon. J. Glenn Beall, Jr., a U.S. Senator from the State of Marylanth 449 Hon. William V. Roth, Jr., a U.S. Senator from the State of Delaware 451 Written statement of- Herbert M. Houston, director, National Legislative Service, Veterans of World War I of the U.S.A., Inc 440 Miscellaneous- Eligibility for burial, Arlington National Cemetery 94 Department of the Army: Exhibit A-Background material concerning the National Cemetery System 97 Exhibit B-Arlington National Cemetery-Development and status of the master plan 253 Veterans' Administration: Exhibit A-History of eligibility requirements for burial in Veterans' Administration cemeteries 311 Exhibit B-Background material on national cemetery and burial benefits for veterans 329 Resolutions of The American Legion: Fifty-second Annual National Convention, The American Legion, Portland, Oreg., September 1, 2, and 3, 1970 399 Fifty-third Annual National Convention, The American Legion, Houston, Tex., August 31, September 1, and 2, 1971 400 Resolutions of Veterans of Foreign Wars: No. 602-Providing a national cemetery in every State 406 No. 611-Oppose elimination of VA burial allowance 407 No. 635-Requesting Fort Sheridan be converted to a national cemetery 407 No. 636-Transfer of jurisdiction of national cemeteries to VA - 408 No. 679-Furnish military honor guards for funerals in military cemeteries 408 No. 690-Increase burial allowance for service-connected deaths 408 New burial policy set for Arlington; expansion at five other national cemeteries, announced by the Department of Defense 409 U.S. Court of Appeals for the District of Columbia, case No. 20,737, Thompson v. Clifford, 408 F. 2d 154, December 13, 1963 410 Letters to- Hon. Ted Stevens, a U.S. Senator from the State of Alaska, from: John Sweet, Alaska House of Representatives, Commerce, Health, Welfare and Education, dated April 16, 1969 445 Robert W. Ward, secretary of state, Juneau, Alaska, letter of transmittal, dated May 14, 1969 446 Joseph Briones, department of adjutant service officer, The American Legipn of Alaska, Juneau, Alaska 446 Louis F. Fiorella, the department adjutant, Veterans of Foreign Wars, Alaska 447 John M. Sweet, a former member of the State legislature, Anchorage, Alaska, dated March 7, 1972 447 Charts- Veteran deaths in the United States 307 Veteran deaths within 50 miles of Federal cemeteries with graves available, December 31, 1966-June 30, 1980, and number of graves available in those areas 308 Projected veteran deaths, December 31, 1966-June 30, 1980, and Federal gravesites available, in 35 areas of greatest concentration of deaths 309 PAGENO="0005" NATIONAL CEMETERIES ACT OF 1972 TUESDAY, FEBRUARY 22, 1972 U.S. SENATE, COMMITTEE ON VETERANS' AFFAIRS, Washington, D.C. The committee met, pursuant~ to notice, at 10 a.m. in room 414, Old Senate Office Building, Senator Strom Thurmond, ranking minority member, presiding. Present: Senator Strom Thurmond. Also present: Frank J. Brizzi, staff directOr; Guy H. McMichael, general counsel; Salvatore De Prenda, staff member; Edward Mc- Ginnis, minority counsel; Tyler Craig, minority coimsel; and Ron- ald Winters, legislative aide. OPENING STATEMENT OP HON. STROM THURMOND, RANKING MINORITY MEMBER, COMMITTEE ON VETERANS' AFFAIRS Senator THURMOND. The committee will come to order. The subject of today's hearing is pending cemetery legislation. We will receive testimony from the Department of the Army, the Vet- erans' Administration, Senator McGee, the American Legion, the~ World War I Veterans, and VFW. I want to take this opportunity to thank these witnesses for coming, and the Veterans' Affairs Committee certainly appreciates having this chance to hear their views on this legislation. The Veterans' Affairs Committee is interested in determining the position of these knowledgeable witnesses regarding our present na- tional cemetery system, particularly in regard to their views on the national burial policy and deceptive cemetery practices. Senator Hartke and I recently introduced 5. 2052, which would establish a national cemetery system within the Veterans' Adminis- tration. Senator Hartke, as chairman of the Senate Veterans'. Affairs Committee, and I, as ranking minority member, are deeply interested in the passage of this legislation. Our present Federal cemetery function is managed by four different Federal agencies. The Department of the Army operates the national cemetery system. The American Battle Monuments Commission op- erates the overseas cemeteries. The Department of the Interior, through the National Park Service, operates cemeteries in conjunction with military and battlefield parks, and the Veterans' Administration op- erates various cemeteries. (1) PAGENO="0006" 2 S. 2052 would transfer jurisdiction to the Veterans' Administration of the national cemeteries under the Department of the Army (except Arlington National Cemetery and the cemetery at the U.S. Soldiers' Home). Also subject to transfer would be other service cemeteries ex- cept those located at the academies. This bill would give the Veterans' Administration the administrative authority to operate and maintain the new system and transfer the function of providing gravemarkers and headstones now administrated by the Department of the Army. Also provided under 5.2052 is a comprehensive study of national ceme- teries and their relationship to other burial benefits for servicemen and veterans with recommendations to be made to Congress. We have received a favorable report from the Administrator of the Veterans' Administration, Donald Johnson, on this proposal. Mr. Johnson has already commissioned a task force to formulate a compre- hensive study of the relationship of cemetery benefits to other burial benefits. It is not expected that first-year costs of the administratioD. will be any higher than those incurred by the separate organization entities. While experience over many years has shown that the Department of the Army can administer the national cemetery system in an effi- cient manner, the consolidation of these cemeteries, in order to achieve administrative simplicity and maximum utilization, certainly has merit. More than 90 percent of interment in national cemeteries are of veterans and their dependents, with servicemen dying in active service making up only 10 percent. Present day burials in national cemeteries are more closely related to veterans' benefits than to the functions of a service department. We believe that it would be logical for the national and Veterans' Administration cemeteries to be consolidated into one system to be administered by the Veteran's Administration. Two Federal cemeteries system would not be transferred. These are the cemeteries of the Department. of the Interior and those under the jurisdiction of the American Battle Monuments Commission, which are closed to future burials and are in the nature of historical parks or shrines. I understand Senator Hart.ke is flying in today and will be at this hearing a little bit later at which time we will turn the hearing over to him as chairman. ~T0 have a number of bills which are being considered today, and we have statements of individuals who are not able to be present today. If there is no objection, these will be inserted in the record as though given in full at the appropriate places. (The text of bills previously referred to including agency reports thereof follows:) PAGENO="0007" 3 92D CONGRESS 1ST SEssioN 2052 IN THE SENATE OF THE UNITED STATES JUNE 10, 1.971 Mr. TIHJRMOND (for himself and Mr. HARTJCE) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38 of the United States Code in order to establish a National Cemetery System within the Veterans' Adininis- tration, and for other purposes. 1 Be it enacted by the Senate and Honise of Representa- 2 lives of the United States of America* in Congress assembled, 3 That this Act may be cited as the "National Cemeteries Act 4 of 1971". 5 SEC. 2. (a) Part II of title 38. UnitedStates Code, is ( amended by adding at the end thereof the following new 7 chapter: TI PAGENO="0008" 4 2 1 "Chapter 24.-NATIONAL CEMETERIES AND 2 MEMORIALS "Sec. "1000. Establishment of National Cemetery System; composition of such system; appointment of director. "1001. Advisory committee on cemeteries and memorials. "1002. Persons eligible for interment in national cemeteries. "1003. Memorial areas. "1004. Administration. "1005. Disposition of inactive cemeteries. "1006. Acquisition of lands. "1007. Authority to accept and maintainsuitable memorials. "1008. Penalty for defacing cemeteries. 3 "~ 1000. Establishment of National Cemetery System; 4 composition of such system; appointment of 5 director 6 "(a) There shall be within the Veterans' Administration 7 a National Cemetery System for the interment of deceased 8 servicemen and veterans. To assist him in carrying out his ~ responsibilities in administering the cemeteries within the 10 System, the Administrator may appoint a Director, Natioimi ~ Cemetery System, who shall perform such functions as may 12 be assigned by the Administrator. 13 "(b) The National Cemetery System shall consist of- 14 "(1) national cemeteries transferred from the Dc- 15 partment of the Army to the Veterans' Administration 16 by the National Cemeteries Act of 1971; 17 "(2) cemeteries under the jurisdiction of the Vet- 18 erans' Administration on the date of enactment of this 19 chapter; and PAGENO="0009" 5 1 "(3) any other cemetery, memorial, or monument 2 (which is designated by the Administrator as a national 3 cemetery) transferred to the Veterans' Administration 4 by the National Cemeteries Act of 1971, or later ac- 5 quired or deviloped. 6 "~ 1001. Advisory Committee on Cemeteries and Me- 7 morials 8 "There shall be appointed by the Administrator an Ad- ~ visory Committee on Cemeteries and Memorials. The Ad- 10 mini~trator shall advise and consult with the Committee from ~ time to time with respect to the administration of the ceme- 12 teries for which he is responsible, and with respect to the 13 selection of cemetery sites aild the erection of appropriate 14 memorials. The Committee may make such reports a.nd 15 recommendations as it deems desirable to the Administrator 16 and to Congress. 17 "~ 1002. Persons eligible for interment in national ceme- 18 teries 19 "(a) Under such regulations a~s the Administrator may 20 prescribe and subject to the provisions of section 3505 of this 21 title, the remains of the following persons may he buried in 22 any open national cemetery: 23 "(1) Any veteran (which for the purpo:ses of this chap- 24 ter includes a person Who died in the active military, naval, 25 or air service). PAGENO="0010" 6 4 1 " (2) Any member of a Reserve component of the 2 Armed Forces, and any member of the Army National 3 Guard or the Air National Guard, whose death occurs under 4 honorable conditions while lie is hospitalized or undergoing 5 treatment, at the expense of the United States, for injury or 6 disease contracted or incurred under honoral)le conditions 7 while lie is performing active duty for training, inactive duty 8 training, or undergoing that hospitalization or treatment at ~ the expense of the ITnited States. 10 "(3) Any member of the Reserve Officers' Training 11 Corps of the Army, Navy, or Air Force whose death occurs 12 under honorable conditions while he is- 13 "(A) attending an authorized training camp or on 14 autiioa'ized practice cruise; "(B) performing authorized travel to or from that 1 b camp or cruise; or (C) hospitalized or imdergoing treatment, at the 18 expense of the United States, for injury or dise~ise con- 19 tract~d or incurred under honorable conditions while lie 20 21 "(i) attending that camp or on that cruise; 22 "(ii) performing that travel;or 23 " (iii) undergoing that hospitalization or treat- 24 ment at the expense of the TJnited States. 2~) " (4) Any citizen of the United States who, during PAGENO="0011" 7 5 1 any war in which the United States is or has been engaged, 2 served in the armed forces of any government allied with the 3 United States dui'ing that war, aiid whose last such service 4 tenninated h~norably. 5 " (5) The \vife, husband, surviving spouse, minor child, 6 and, in the discretion of the Administrator, unmarried adult 7 child of any of the persons listed in paragraphs (1) 8 through (4). 9 " (6) Such other persons or classes of persons as may 10 be designated by the Administrator. 11 " (b) Eligibility criteria for interment in national cern- 12 eteries shall be applled~ uniformly with respect to all such 13 cemeteries in the National Cemetery System. `14 "~ 1003. Memorial areas 15 "(a) The Adniiriistrator shall set aside, when available, 16 suitaibie am~eas in national cemeteries to honor the memory 17 of members of the Armed Forces missing iii action, or who 18 died or were killed while serving in such firces and whose 19 remains have nol been identified, have been buried at sea or 20 have been determined to be nonrecoverable. 21 "(b) Under regulations prescribed by the Adminis- 22 tratOr, appropriate memorials or markers may be erected 23 to honor the memory of those individuals, or group of mdi- 24 viduals, referred to in subsootion (a) of this section. PAGENO="0012" 8 `3 1 "~ 1004. Administration . . . .2 "(a) The Administrator is authorized to inake all rules 3 and regulations which are necessary or appropriate to. carry 4 out the provisions of t.his chapter, and may designate those 5 cemeteries wl~ch are considered to be national cemeteries. 6 "(h) In conjunctiOn with the development, and admini~- 7 tration Of ~ëme.teries for which he is responsible, the Adfnin- 8 istrator may provide all necessary facilities includiiig, as 9 necessary, superintendents' lodges, chapels, crypts, mauso- 10 leums, and columbariums~ 11 "(c) Each grave in a national cemetery shall be marked 12 with an appr~priate marker. Such marker shall bear the 13 name of the person buried, the number of the grave, and 14 such other information as the Adthini~t~tor may by regula- 15 tion prescribe. . .` . 16 "(d) There shall be kept iii eoch national cemetery, 17 and at the main office of the Veterans' Administration, a. 18 register of burials in each cemetery sOtting forth the nanie of 19 each person buried in the c~metery, the number of the grave 20 j~ which he is buried and such other `iruforn~ation as the 21 Administrator by regulation may prescribe. 22 "(h) In carrying out his responsibilities under this 23 chapter, the Administrator may contract with responsible 24 persons, firms, or corporations for the care and mainte- 25 nance of such cemeteries under his jurisdiction as he shall PAGENO="0013" 1 choose, under such terms and eoiiditions as lie may pre- 2 scribe and without regard to tile laws concerning advertis- 3 irig for competitive bids~ 4 " (f) The Administui~tor is authorized to convey to any 5 State, or political subdivision thereof, in which any national 6 cemetery is located, all right, title, and interest of.the TJnited 7 States in and to any Government-owned or cont.~ofled a.p- 8 proach road to such c.erne~cry if, prior to the delivery of any 9 instrument of conveyance, the State or political subdivision 10 to which. such conveyance is to be made notifies the Adminis- 11 trator in writing of its willingness to. accept and maintain 12 the road included in such conveyance. Upon the execution and 13 delivery of such a conveyance, the jurisdiction of the United 14 States over the road conveyed shall cease and thereafter vest 15 in the State or political subdivision concerned. 16 " (g) Notwithstaiidiing any other provision of law, the 17 Administrator may at such time as lie deems desirable, re- 18 linquish to the Stare in which any cemetery, monument, or 19 1flCITiofl~1.l uiidei las ,iurisdietioii is located, all, or such por- 20 tion as lie may deem desirable, of the jurisdiction acquired by 21 the United States over the lands involved, reserving to the 22 United States such concin rent or partial jurisdiction as he 23 may deem necessary. Relinquishment of jurisdiction under 24 time authority of this subsection may be made by filing with 25 the Governor of the State,involved a. notice of such relinquish- PAGENO="0014" 10 8 1 ment and shall take effect upon acceptance thereof by the 2 State in such manner as its laws may prescribe. 3 " (h) The Administrator shall provide for the care, 4 maintenance, and operation of any cemetery or burial plot ~ transferred to the Veterans' Administration by the National 6 Cemeteries Act of 1971 but whicli is not a part of the Na- 7 tional Cemetery System, and may prescribe conditions for 8 interment therein. 9 "~ 1005. Disposition of inactive cemeteries 10 " (a) The Administrator may transfer, with the consent ~ of the agency concerned, any inactive cemetery, burial 1)lot, 12 memorial, or monument within his control to the Departmnemit 13 of the Interior for maintenance as a national monumemit or 14 park, or to any other agency of the (ioverinnent. "(b) The Administrator may also transfer ally inactive 16 cemetery or burial plot, or portion thereof, to a State, or 17 political subdivision thereof, which agrees to maintain 18 such cemetery in an appropriate mhmmer, with the imdei- 19 standing that control thereof shall be returned to the Vet- 20 erans' Administration if the Administrator deems such action 21 to be appropriate. 22 "(c) If a cemetery not within time National Cemetery 23 System has been or is to be discontinued, the Administrator 24 ma.y provide for the removal of remains from that cemetery 2~ to any cemetery within such System. He may also provide for 26 the removal of the remains of any veteran from a place of PAGENO="0015" 11 9 1 temporary interment, or from an abandoned grave or ceme- 2 tery, to a. national cemetery. 3 "~ 1006. Acquisition of lands 4 "As additional lands are needed for national ceineteries, 5 they may be acquired by the Administrator by purchase, 6 gift (including donations from States or political subdivisions 7 thereof), condemnation, transfer from other Federal agencies, 8 or otherwise, as he determines to be in the best interest of the 9 United States. 10 "~ 1007. Authority to accept and maintain suitable me- 11 morials 12 "Subject to sudh restrictions as he may prescribe:, the 13 Administrator may accept gifts, devises, or bequests from 14 legitimate societies and organizations or reputable individuals, 15 made in any manner, which are made for the purpOse of 16 beautifying national cemeteries, or are determined to be 17 beneficial to such cemetery. He may make land available for 18 this purpose, and may furnish such care and maintenance as 19 he deems necessary. 20 "~ 1008. Penalty for defacing cemeteries 21 "(a) Any person who willfully- 22 " (1) destroys, mutilates, defaces, injures, or re- 23 moves any monument, gravestone, or other sbructure, or 24 "(2) destroys, cuts, breaks, injures, or removes any 25 tree, shrub, or plant, or PAGENO="0016" 12 10 1 "(3) disturbs the peace 2 within the limits of any cemetery under the jurisdiction of the 3 Veterans' Administration shall be deemed guilty of a. mis- 4 demeanor punishable by a fine of nOt less than $25, and not 5 more than $100, or by imprisonment for not less than fifteen 6 days, and not more than sixty days. 7 "(b) For the purpose of maintaining law a.nd order 8 and protecting persons aiid property at cemeteries under the 9 jurisdiction of the Veterans' Administration, the superin- 10 tendent or other individual in charge of any. such cemetery, 11 or such person or persons as he shall designate, is authorized 12 to arrest forthwith any person engaged in committing any 13 misdemeanor prohibited i)y this section, or a.ny crime or 14 offense a.gainst the LTnited States committed on the cemetery 15 grounds, and to bring such person before any United States 16 magistrate or judge of any district court of the United 17 States within any State or district where such cemetery is 18 situated, for the purpose of holding such person to answer 19 for such misdemeanor, crime, or other offense and then and 20 there shall make complaint in due form." 21 (b) The table of chapters of part II, and the fable of 22 parts and chapters of title 38, United States Code, are each 23 amended by inserting' immediately below "23. Burial benefits 901" 24 the following: "24. National cemeteries and memorials 1000". PAGENO="0017" 13 11 1 (c) Section 5316 of title 5, United States Code, is 2 aniended by adding at the end thereof the. following new 3 paragraph: 4 "(131) Director, National Cemetery System, Vet- 5 erans' Administration." 6 Snc. 3. The Administrator shall conduct a oom?rehen- 7 sive study of, and submit his recommendations to the Con- 8 gress concerning: 9 (1) the criterin which should govern the develop- 10 ment and operation of the National Cem~tery System; 11 (2) the relationship of the National Cemetery 12 System to other burial benefits provided by the Federal 13 Government to servicemen and veterans; and. 14 . (3) the steps to be taken to confo~th the existing 15 System to the recommended criteria. 16 SEC. 4. (a) Chapter 23 of title 38,United States ~Ode, 17 is amended by adding at the end ~herêof the following new 18 sec~tion: 19 1906. Headstones and markers 20 "(a) The Adrriinistrator shall ~urthsh, ~vhen requested, 21 appropriate Government headstones o~ mai~kers ~t t1~ie ex- 22 pense of the United States for the unmarked graves c~f the 23 following: 24 "(1) Any individual buried in a national cemetery or 25 in a post cemetery. 26 "(2) Any individual eligille for burial in a national 85-382 0 - 73 - 2 PAGENO="0018" 14 12 1 cemetery (but not buried there), except for those persons 2 or classesof persons enumerated in section 1002 (a) (4), 3 (5), and (6) of this title; 4 "(3) Soldiers of the Union and Confederate Armies 5 of the Civil War. 6 " (b) The Administrator shall furnish, `\vllen requested, 7 an appropriate memorial headstone or mt~rker to corn- 8 memorate any veteran dying in the service, and whose 9 remains have not been recovered or identified or were 10 buried at sea, for placement by the applicant in a national 11 cemetery area reserved for such purposes under the pro- 12 vision~ of section 1003 of this title, or in any private or 13 local cemetery." 14 (b) The table of sections at the beginning of chapter 23 15 of title 38, United States Code, is amended by inserting 16 immediately after "905. Persons eligible under prior law." 17 the following: "906. Headstones and markers." 18 SEC. 5. (a) (1) There are hereby transferred from the 19 Secretary `of the Army to the Administr~,tor of Veterans' Af- 20 fairs all jurisdiction over, and responsibility for, (A) all 21 national cemeteries (except the cemetery at the United *22 States Soldiers' Home and Arlington National Ceme- .23 tery), and (B) any other cemetery (including burial phots), PAGENO="0019" 15 13 1 memorial, or monument under the jurisdiction of the Secre- 2 tary of the Anny immediately preceding the effective date of 3 this section (except the c~metery located ~t'the United. States 4 Military Academy at West Point) which. the President de- 5 termines would be appropriate in carrying out the purposes 6 of this Act. . 7 . (2) There are hereby transferred from the Secretary ~o'f 8 the Nivy and the Secretary of, the. Air Force to the AJdmin- 9 istrator of Veterans' Affairs. all . jurisdiction over, and re- 10 sponsibility for, any cemetery (inciading *I~UJj~J 11 memorial, or monument under the jurisdiction of either 12 Secretary imm~dia.tely preceding the effective. date of this 13 section (except those cemeteries located at the `United Statos 14 Naval Academ.y at Annapolis and the TJnited Sti~tes Air 15 Force Academy at Colorado Springs) which the .P,reaiderft 16 determines ~wOuld be appropria~e in carrying out the pur- 17 poses oUhis Act. 18 (b) So~;muelX.:of. the personnel, property, records, amid 19 unexp.e~nded bala.nces~appropriations, allocations, and other 20 funds available to~ ormider the ~urisdietion. of, the Secretary 21 of the Army, the Secretary of the. Navy, and the Secretary 22 of the Air Fo~ce, in connection with functions transferr~d 23. by this Act, as determined by the Director of t~' Office: of 24 Management and Budget, are tran~fcrred to theAdmninistra- 25 tor of Veterans' Affairs. PAGENO="0020" 16 14 1 (c) All offenses committed and all penalties, and f or- 2 feitures incarred under any of the provisions of law amended * 3 or r~peaied by this Act may be prosecuted ~mnd~punished in 4 the same munner and with the same effect as if such amend- 5 ments or repeais had not been made. 6 (d) All rules, regulations, orders, permits, and other 7 privileges issued or granted by the Secretary of the Army, 8 the Secretary of the Navy, or Secretary of. the Air Force 9 `with respect. to the cemeteries, memorials, and monuments 10 transferred to the Veterans' Administration by this Act, Un- 11' lest' contrary to the provisions of such Act, shall' remain .12 in full force and effect until modilled,' suspended, overruled, 13.. or o~herwise changed by the Administrator of Veterans' 14 Affeirs, by any court of competent jurisdiction, or by opera- 15. tion.'of law. . (e) No suit, action; or other proceeding commenced by 17 or against any officer in his official capacity as' aw efficial 18. of the Department of the Army, the Department of the Navy, 19 or the -Department of the Air Force with resject to functions 20 transferred under subsection (a) or' (c) of this section shall 21 `abate by reason `of'The ei~actmen-t o~ this section. No . cause 22 * of action by or against any such `Department with respect 23 ~ functions' transferred `under `such' sub~ectithi (a') or by 24 . or against any officer thereof in his official capacity, shall 25 abate by reason of the enactment `of this section. Causes PAGENO="0021" 17 15 1 of actions, suits, or other proceedings may be asserted by 2 or against the United States or such officer of the Veterans' 3 Administration as may be appropriate and, in any litrga- 4 tion pending when this seótion takes effect, the court may 5 at any time, upon its own motion or that of ~ny party, 6 enter an* order which will give effect to the provisions of 7 this subsection. If before the date this section takes effect, 8 any such `Department, nr officer thereof in `his oThnial capac- 9 ity, is.* a party to a suit with respect to any function so 10 transferred, such ~uit shall' be `continued by the Administra- ~ .`tor of Veteran~' Affairs. `12 S~o. .6. (a) The following provision's of law are re- 13 pealed, except with respect to rights `and duties that matured, 14 penalties, liabilities, anid, fo~feitures that were incurred, and 15 preceedings' that were begun, `before the effective date of this, 16 section: , . 17 `(1.) Sections `4870, 4871, 4872, 4873, 4875, 4877, .~8. 4881; and .4882'ofthe It~vlsed* Statutes (24 U.S.C. 271, .19, 272,273, 274, 276, 279, 286, 287). .20 (2) The Act entitled "An Act to provide for a national 21 cemetery~ in' every State'~ approved June 29, 1938 (24 22. U.S.C.' 271a). 23 . (3) The `Act entitled "An Act to provide for selecliion'of 24 superintendents of national cemeteries from meritorious and 25 trustworthy members of the Armed Forces who have been PAGENO="0022" 18 16 1 disabled in line of duty for active field service", approved 2 March 24, 1948, as amended (24 U.s.c. 275). 3 (4) T:he proviso to the second paragraph preceding the 4 center heading "MEDICAL DEPARTMENT" in the Act. `entitled 5 "An Act making `appropriations for the support of the Army 6 for the fiscal year ending June thirtieth, eighteen hundred 7 and seventy-seven, and for other purposes", approved 8 July 24, 1876, as amende.d (24 U.S.C. 278). 9 (5) The Act entitled "An Act to provide, for the prO- 10 cu.rement and supply of Government headstones or markets 11 for unmarked graves of members of the Armed Forces dyin.g 12 in the service on or after honorable discharge'therefrom, and 13. other persons, and for qther: purposes'?, approved July 1, 14 1948, as amended (24 U~S.C. 279a-279~). 15 (6) The Act entitled "An Act to establish eligibility for 16 burial in national cemeteries, and for other purposes", `ap- 17. provedMay. 14, 1948, as amended' (24 U.S.C. 281). 18 (7) The Act entitled "An. Act to provide for the erection 19 of appropriate markers in national cemeteries to honor the 20 memory of members of;the Armed Forces missing in actioh", 21 approved August 27~ 1954, as amended. (24 U.S.C. 279d). 22 (8) The Act entitled "An Act to provide `for the utiliza- 23 tion of surplus. Wai' Department owned military `real prop- 24 erty as national cemeteries, when `feasible", approved 25 August 4, 1947 (24 U.S.C. 281a-281c). PAGENO="0023" 19 17 1 (9) The Act entitled "Au Act to preserve historic. gI~ve- 2 yards in abandoned miiitaiy posts", approved July 1, 1947 3 (24 TJ.S.C. 296). 4 (10) The Act entitled "An Act tø provide for the utili- 5 zation as a national cemetery of surplus Army Department 6 owned military real prQperty at Fort Logan, Colorado", 7 approved March 10, 1950 (24 U.S.C. 281d-f). 8 (11.) The Act entitled "An Act to provide for the cx- ~ i~~S~O1~ and disposition of certain national cemeteries", 10 approved August 10, 1950 (24 U.S.C. 281g). 11 (12) The ninth paragraph following the side heading 12 "National Cemeteriess" in the Act entitled "An Act making 1~ appropriations for sundry civil expenses of the Goveniment 14 for the fiscal year ending June thirtieth, nineteen hundred 15 and thirteen, and for other purposes",. aipproved August 24, 16 1912 (24 U.S.C. 282) . 17 (13) The fourth paragraph after the center heading 18 "NATIONAL CEMETERIES" in title II of the Act entitled "An 19 Act making appropriations for the military and nonmilitary. 20 activities of the War Department for the fiscal year ending 21 June* 30, 1926, and~ for other purposes", approved 22 February 12, 1925 (24 TJ.S.C. 288). 23 (14) The second paragraph following the center head- 24 ing "CEMETERIAL EXPENSES" in the Act entitled "An Act 25 making appropriations for the fiscal year ending June 30, PAGENO="0024" 20 18 1 1942, for civil functions administered by the War Depart- 2 ment, and for other purposes", approved May 23, 1941 (24 3 U.S.C. 289). 4 (15) (A) The first proviso to the second paragraph 5 and all of the third `paragraph following the center heading 6 "NATIONAL OEMETETITES' in title II of the Act erLtitled "An 7 Act making appropnations for the military and nonmilitary 8 actiVities of `the WTar l)epaitment for the fiscal year ending 9 June 30, 1927, and for other pllrf)osc~''y approved April 15, 10 1926 (44 Stat. 287). 11 (B) The first proviso to the second paragraph and all 12 of the third paragraph following the center hea:ding "NA- 13 TIONAL CEMETERIES" rn title II of the Act e~rtitled "An 14 Act making appropriations for the military `and rammilithry 15 activities of the War Department for the fiscal yea.r ending 16 June 30, 1928, and for other purposes", approved Febru- 17 ary 23, 1927 (44 Stat. 1138). 18 (C) The fir~t proviso to the fourth paragraph and all of 19 the fifth paragTaph following the center heading "NATIONAL 20 CEMETERIES" in title Ii of the Act entitled "An Act making 21 appropriations for the military and nonmilitary activities of 22 the War Department for The fiscal pear ending June 30, 23 1929, and for other purposes", approved March 23, 1928 24 (45 Stat. 354). 25 (D) The first proviso to' the second paragraph and all PAGENO="0025" 21 19 1 of the third paragraph following the center heading "NA- 2 TIONAL CEMETEBIES" ni title II of the Act. entitled "An 3 Act making appropriations for the military and nonmilitary 4 activities of the War Department for the fiscal year ending 5 June 30, 1930, and for other purposes", approved Feib- 6 ruary 28, 1929 (45 Stat. 1375). 7 (E) The first proyiso to the paragraph immediately 8 following the center heading "CEMETERIATJ EXPENSES" in 9 title II of the Act entitled "An Act making appropriations 10 for the military and nonmilitary activities of the War De- 11 partment of the fiscal year ending June 30, 1931, and for 12 other purposes", approved May 28, 1930 (46 Stat. 458). 13 (F) The first proviso to .the paragraph immediately 14 following the center heading "OEMETERIATi EXPENSES" in 15 title II of the Act entitled "An Act making appropriations 16 for the military and nonmilitary activities of the War Depart- 17 ment for the fiscal year ending June 30, 1932, and for other 18 purposes", approved February 23, 1931 (46 Stat. 1302). 19 (G) The first proviso to the paragraph immediately 20 following the center heading "CEMETERIAL EXPENSES" in 21 title II of the Act entitled "An Act making appropriations 22 for the military and nonmilitary activities of the War De- 23 partmeiit for the fiscal year ending June 30, 1933, and for 24 . other purposes", approvetl July 14, 1932 (47 Stat. 689). 25 (H) The first proyiso to the paragraph immediately PAGENO="0026" 22 20 1 following the center heading "CEMETERIAL EXPENSES" in 2 title II of the Act entitled "An Act making appropriations 3 for the military and nonmilitary activifie~s of the War Dc- 4 partment for the fiscal year ending June 30, 1934, and for 5 other purposes", approved March 4, 1933 (47 Stat.. 1595). 6 (I) The first proviso to the paragraph immediately 7 following the center heading "CE~IETERIAL EXPENSES" ill 8 title II of the Act entitled "An Act making appropriations 9 for the military and nonmilitary activities of the War Dc- 10 partment for the fiscal year ending June 30, 1935, and for 11 other purposes", approved April 26, 1934 (48 Stat. 639). 12 (J) The first proviso to the paragraph immediately 13 following the center heading "CEMETEPTAL EXPENSES" in 14 title II of the Act entitled "An Act making appropriations 15 for the military and nonmilitary activities of the War Dc- 16 partment for the fiscal year ending June 30, 1936, and for 17 other purposes" approved April 9, 1935 (49 Stat. 145). 18 (K) The first proviso to the paragraph immediately 19 following the center heading "CEMETERIAL EXPENSES" in 20 title II of the Act entitled "An Act making appropriations 21. for the military and nonmilitary activities of the War Dc- 22 partment for the fiscal year ending June 30, 1937, and for 23 other purposes", approved May 15, 1936 (49 Stat. 1305). 24 (L) The first proviso to the paragraph following the 25 center heading "CEMETERIAL EXPENSES" in the Act en- PAGENO="0027" 23 21 1 titled "An Act making appropriations for the fiscal year. 2 ending June 30, 1938, for civil functions administered by 3 the War D'e~artment, and for other purposes", approved 4 July .19, 1937 (50 Stat. 515). 5 (M) The first proviso to t.he first paragraph and all of 6 the second paragraph following the center heading "CEME- 7 TERIAL EXI~ENSES" in the Act entitled "An Act making 8 appropriations for the fiscal year ending June 30, 1939, 9 for civil functions administered by the War Department, 10 and for other purposes", approved June 11, 1938 (52 Stat. 11 O~8). `. ~.. 1 ~ (N) The first proviso tO `the first paragraph and all ~f 1~ the second paragraph following the center heading "CE~'[E- 14 TER.IAL EXPENSES" in the Act entitled "An Act, making 15 ap~opriations for the fiscal year ending June 30, 1940, for 16 civil functions `administered by the War Department, and 17 for other purposes", approved June 28, 1939 (53 Stat, 18 857). 19 (0) The first provisO to the first paragraph and all of 20 the second paragraph immediately following the `center head- 21 ing "CEMETERIAL EXPENSES" in the `Act entitled "An Act 22 making appropria.tions for'. the fiscal' yea.r ending Juiie 30, 23. 1941, for civil function's administered by the War Depart- 24 ment, and for other purposes", approved June 24, 1940 25 (54 Stat.. 505). PAGENO="0028" 24 22 1 . (P) The first proviso to the paragraph immediately fol- 2 lowing the center heading "CEMETERTAL EXPENSES" in the 3' Act entitled "An Act making appropriations for the fiscal 4 year ending June 30, 1944, for civil functions administered 5 by the War Department, and for other purposes", approved 6 May23, 1.941 (55Stat;1~1). 7 (Q) The first proviso to the paragraph immediately fol- 8 lowing the center heading "CEMETERTAL: EXPENSES" in the 9 Act entitled "An Act ma:king appropriations for the fiscal 10 year ending June 30, 1943, for civil fun~tioiis administered 11 by the War Department, and for other purposes", approved 12 April 28, 1942 (56 Stat. 220). . . 13 (R.) The first proviso to the paragraph immediately fol- 14 lowing the center heading "CEMETEETAL EXPENSES" in the 15 . Act entitled "An Act making appropriations for' the fiscal 16 year ~ending Jun~ ~0, 1944, for civil functions administered 17 by, the War Department, and for~ other purposes", approved ¶ 18 June 2, 1943 (57 Stat. 94). . 19 (5) The first proviso to the paragraph immediately fol- 20 lowing the center heading "CET~IETERIAL EXPENSES" in the 21 Act entitled "An Act making appropriations for the fiscal 22 year ending June 30, 1945, for civil functions administered 23 . by the War Department, and for other purposes", approved 24 June 26, 1944 (58 Stat. 327-328). 25 (T) The first proviso to' the paragraph inimediately PAGENO="0029" 25 23 1 following the center heading "CEMETERTAL EXPENSES" m 2 the Act entitled "An Act making appropriatior~s for the 3 fiscal . year ending June 30, 1946, for civil functions ad- 4 ministered by the War Department, and for other purj)oses", 5 approved March 31, 1945 (59 Stat. 39). 6 (U) The first proviso to the paragraph immediately 7 following the center heading "CEMETEEIATJ EXPENSES" ill 8 the Act entitled "An Act m~iking appropriations for the 9 fiscal year ending June 30, 1947, for civil functions ad- 10 ministered by the War Department, and for other purposes", 11 approved May 2, 1946 (60 Stat. 161). 12 (V) The first proviso to the paragraph immediately 13 following the center heading "CEMETERTAL EXPENSES" in 14 the Act entitled "An Act making appropriations for civil 15 functions administered by the War Department for the fiscal 16 year ending June 30, 1948, and for other purposes", ap- 17 proved July 31, 1947 (6,1 Stat. 687). 18 (W) The first proviso to the paragraph immediately 19 following the center heading "cEMET1~RIAL EXPENSES" in 20 the Act entitled "An Act making appropriations for civil 21 functions administered by the Oepartment of the Army for 22 the fiscal year ending June 30, 1949, and for other pur- 23 poses", approved June 25:1948 (62 Stat. 1019). 24 (X) The first proviso to the paragraph immediately fol- 25 lowing the center heading "cEME~ERrAI~ EXPENSES" in the PAGENO="0030" 26 24 1 Act entitled "An Act making appropriations for civil func- 2 tions administered by the IDepalitmeilt of the Army for time 3 fiscal year ending Ji.me 30, 1950, and for other purposes", 4 approved October 13, 1949 (63 Stat. 846). 5 (Y) The first proviso to the paragraph following the 6 center heading "CEMETERTAL EXPENSES" in chapter IX of 7 the Act entitled "An Act making appropriations for the sup- 8 port. of the Government for the fiscal year ending June 30, 9 1 951, and for other purposes", approved September 6, 1950 10 (64 Stat. 725). 11 (Z) The first proviso to the paragraph imnniediuft1y fol- 12 lowing the center heading "CEMETEIIIAL EXPENSES'~ in the 13 Act entitled "An Act making appropriations for civil func- 14 tions administered b~ the Department of the Arniy for the 13 fiscal year ending June 30, 1952, and for other purposes", 16 approved Octnber 24, 1951 (6.5 Stat. 617). 17 (AA) The first. proviso to time paragraph imnmediately 18 following the center heading "CEMETERIAL EXPENSES" in 19 the Act entitled "An Act making appropriations for civil 20 functions administered by the Department of the Army for 21 the fiscal year ending June 30, 1953, and for other pur- 22 poses", approved July 11, 1952 (66 Stat. 579). 23 (BB) Time first proviso to the paragraph, immediately. 24 following time center heading "CEMETERIAL EXPENSES" in 23 the Act entitled "An Act making appropriations for civil PAGENO="0031" 27 25 I functions administered by the Department of the Army for 2 the fiscal year ending June 30, 1954, and for other pur- 3 poses", approved July 27, 1953 (24 U.S.C. 290), and for 4 other purposes", approved November 8, 1967 (81 Stat. 5 429). 6 (b) Nothing in th'ishsection shall be deemed to affect iii 7 any manner the functions, p0\\~1~, and duties of- 8 (1) the Secretary of the Interior with respect to 9 those cemeteries, memorials, or monuments under his 10 jurisdiction on the effective date of this section, or 11 (2) the Secretary of the Army, the Secretary of the 12 Navy, or the Secretary of the Air Force with respect to those cemeteries, memorials, or monuments under his 14 jurisdiction to which the transfer provisions of section 4 (a) of this Act do not apply. 16 SEC. 7. Section 3505 (a) of title 38, United States 17 Code, is amended by inserting immediately after the words 18 "gra~tuitous benefits" where first appearing therein, the fol- 19 lowing: "(including the right to burial in a national 20 cemetery) ". 21 SEC. 8. (a) The fiuis~ section and sections 2 and 7 of 22 this Act shall take effect on the date of enactment of this Act. 23 (b) Sections 4, 5, and 6 of this Act shall take effect 24 July 1, 1972, or. on such earlier date as the President may ~ prescribe and publish in the Federal Register. PAGENO="0032" 28 VETERANS' ADMINISTRATION, OFFICE OF THE ADMINISTRATOR OF ~ETERANS AFFAIRS, Washington, D.C., February 16, 197g. Hon. VANCE HARTKE, Chairman, Committee on. TTeteiwns' Affairs, U.S. Senate, JVa~hington.D.C. DEAR Mr. CHAIRMAN: This will respond to your request for a report by the Veterans' Administration on S. 2052, 92d Congress, a bill "to amend title 38 of the United States Code. in order to establish a Na- tional Cemetery System witihn the Veterans' Administration, and for other purposes." The principal provisions of this bill would provide for: (1) the establishment, of a National Cemetery System within the Veterans' Administration consisting of the national cemeteries now under the jurisdiction of the I)epartment of the Army (except Arlington Na- tional Cemetery and the cemetery at. the U.S. Soldiers' Home) and the cemeteries of the Veterans' Administration; (2) the administra- tive authority to operate and maintain the new system: (3) a com- prehensive study of national cemeteries and their relationship to other burial benefits for servicemen and veterans and recommenda- tions to be made to the Congress: and (4) the transfer of the function of providing grave markers and headstones now administered by the Department of the Army to the Veterans' Administration. The bill would also authorize transfer to the Veterans' Administra- tion from the Secretaries of the Army, Navy~ and Air Force of other cemeteries (including burial plots), memorials, or monuments under their jurisdiction, as directed by the President, except those located at the. academies. There is enclosed a detailed section-by-section analysis of the bill. There is merit in consolidating the national cemeteries now under the jurisdiction of the Department of the Army with those cemeteries currently operated by the Veterans' Administration, in order to achieve administrative simplicity and maximum utilization. While experience over many years has shown that the Department of the Army can administer a National Cemetery System in an efficient manner, the figures which have been made available to us reveal that. more than 90 percent of interments in national cemeteries are of veterans and their dependents, with servicemen dying in active service comprising less than 10 percent. Thus, as it now exists, burial in a national cemetery is more closely related to veterans benefits than to the fi.mnctions of a service. department. Consequently. we believe, that it. would be logi- cal for the national and Veterans' Administration cemeteries to be consolidated into one system to be administered by the Veterans' Ad- PAGENO="0033" 29 ministration. We would also agree that the responsibility for providing grave markers and headstones should likewise be transferred to the Veterans' Administration as a correlative function. There are two Federal cemetery systems which would not be trans- ferred by the subject bill. Those are the cemeteries of the Department of the Interior and those under the jurisdiction of the American Bat- tle Monuments C.onunission. These cemeteries are generally closed to future burials and are in the nature of historical parks or shrines. We agree that they should not be included in the new proposed consoli- dated system.. . . Numerous questions have been presented as to the future role of the Federal Government and particularly of the Veterans'. Administra- tion with respect to burial benefits for veterans and with respect to the future of the National Cemetery System. On November 19, 1970, the House Committee on Veterans' Affairs held a hearing on 91st Congress bills having a similar, purpose to the subject bill. At that hearing I'advised the committee that I favored legislation which would consolidate the national and the Veterans' Administration cemetery systems. I also indicated support for the bill's provision calling for a comprehensive study of the relationship of cemetery benefits to other burial benefits., To get a head start on this important project, I asked a task force to commence the kind of study intended by the bill. I have `asked . the task force to take ~ hard look at the various alterna- tives available. While itis too early to reach conclusiOns, I would expect that as a result of our preparatory wOrk the completed report required by section 3 of the bill could be Submitted to the Congress within. 3 months of the bill's enactment. ExCept for certain costs' Incidental to the transfer of. records and personnel, it is not anticipated that the first year costs of the `admin- istration of the proposed National Cemetery System within the Vet- erans' Administration `would exceed that `being incurred by the sep- arate organization entities. In view of the foregoing, I recommend favorable consideration of S ~052 by your committee We are advised by the Office of Mamigement and Budget that there is iio objection to the presentation of this report from the standpoint of the Administration's program.. Sincerely, DONALD E JOHNSON, Adminwtrator GEnclosure) SECTION-BY-SECTION ANALYSIS OF. 8. 2052, 92D CONGRESS A BILL To amend title 38 of the United States Code in order to establish a National Cemetery System within the Veterans' Administration, and for other purposes Section 1 , . ` , ` . This section provides that this act `may be cited as the "NatiOnal Cemeteries Act of 1971." ` ` . `. . . Section 2 ` ~, . Subsection (a) amends part II of title 38, United States Code, to add a new chapter 24. The contents of the new chapter are iargely patterned after chapter 7 of title 24, United States Code, and chapter 8 of title 36, United States Code. The 85-382 0 - 73 - 3: PAGENO="0034" 30 language of the new chapter has been modernized and simplified to have it con- form with the present language of title 38. A more detailed analysis of the new chapter 24 follows: Chapter 24.-NATIONAL CEMETERIES AND MEMORIALS See. 100.0 Establishment of National Cemetery System; composition of such system; appointment of director. 1001. Advisory committee on cemeteries and memorials. 1002. Persons eligible for interment in national cemeteries. 1003. Memorial areas. 1004. Administration. 1005. Disposition of inactive cemeteries. 100G. Acquisition of lands. 1007. Authority to accept and maintain suitable memorials. 1008. Penalty for defacing cemeteries. § 1000. Establishment of National Cemetery System; composition of such system; appointment of director A National Cemetery System would be established within the Vet- erans' Administration for interment of deceased servicemen and vet- erans. The new System would be headed by a Director who would be responsible to the Administrator for operation of those cemeteries encompassed within the new System as well as a.ny other placed under the jurisdiction of the Veterans' Administration. The new System would consist of national cemeteries transferred from the Depart- ment of the Army to the Veterans' Administration; cemeteries under the jurisdiction of the Veterans' Administration at the time this bill. ~s enacted and any other cemetery. memorial or monument transferred by this bill or later acquired or developed. § 1001. Advisory committee on cemeteries and memorials `This section would establish an Advisory Committee on Cemeteries and Memorials, whose members would be appointed by the Adminis- ttator. The Administrator would advise and consult with the coin- mittee from time to time with respect to the administration of the cemeteries for which he is responsible, and with respect to the selection of cemetery sites and the erection of appropriate memorials. The com- mittee could make such reports and recommendations to the Adminis- trator and to Congress as it deems desirable. § 1002. Persons eligible for interment in national cemeteries This section designates those persons who, subject to regulations the Administrator shall prescribe and the forfeiture `provisions of section 3505 of ti'tle 38, shall be eligible for interment in national cemeteries. These include certain servicemen, veterans, reservists, National Guardsmen, Reserve Officers' Training Corps members~ U.S. citizens who served honora~bly with armed forces allied with the United `States in wars engaged in by this country, certain dependents of eligible per- sons in the foregoing categories, and other persons or classes of per- sons as may be designated by the Administrator. The eligibility criteria for interment in national cemeteries would be required to be applied uniformly with respect to all cemeteries in the new System. § 1003. Memorial areas The Administrator would be directed to set aside, when available, suitable areas in national cemeteries to honor the memory of those servicemen missing in action, or whose remains have not been identi- PAGENO="0035" 31 fled, those buried at sea~ and those whose remains have been determined to be nonrecoverable. He would be authorized to prescribe regulations governing the erection of appropriate memorials or markers to honor such individuals or such groups of individuals. § 1004. Administration The Administrator would be authorized to make all rules and regu- lations necessary to carry out the provisions of chapter 24 of title 38; to designate those cemeteries considered to be national cemeteries; and to provide all necessary facilities for cemeteries including superintend- ents' lodges, chapels, crypts, mausoleums, and columbariums. Graves in national cemeteries would be required to be marked by appropriate markers and with certain specified information placed thereon. Regis- ters of burials would be kept in each cemetery and also at the main office of the Veterans' Administration. In carrying out his responsibilities under this new chapter of title 38, the Administrator would be, authorized to contract, without regard to the laws concerning advertising for competitive bids, for the care and maintenance of these cemeteries. The Administrator would be, authorized to convey to any State, or political subdivision thereof, in which any national cemetery is lo- cated, all rights, title, and interest of the United States to any Govern- ment-owned or Government-controlled approach road providing the State or political subdivision states in writing, prior to such convey- ance, its willingness to accept and main~tin such road. Upon convey- ance, the jurisdiction of the United States over such road would cease and would vest in the State or political subdivision. When the Administrator deemed it to be desirable, he could relin- quish to a State in which any cemetery, monument, or memorial under his jurisdiction is located, all or part of the jurisdiction the United States has over such lands, reserving such concurrent or partial juris- diction as he deemed necessary. The relinquishment would be accom- plished by filing with the Governor of the State involved a notice of such relinquishment of jurisdiction and would take effect upon accept- ance by the State. The Administrator would be directed to care for, maintain, and operate any cemetery or burial plot transferred by the bill which would not be a part of the National Cemetery System and would be authorized to prescribe t.he conditions for interment therein. § 1005. Disposition of inactive cemeteries The Administrator would be authorized to transfer, with the con- sent of the agency concerned, any inactive cemetery, burial plot, me- morial, or monument within his control to the Department of the In- terior for maintenance as a national monument or park, or to any other agency of the Government. He also would be permitted to transfer any inactive cemetery or burial plot to a State or political subdivision thereof provided the State or subdivision agreed to maintain such cemetery in an appropriate manner. The transfer would be subject to an understanding that the Administrator might reacquire the property if he deemed such action to be appropriate. Where a cemetery not within the National System has been or is to be discontinued, the Administrator could provide for the removal PAGENO="0036" 32 of remains from that cemetery to any cemetery within the System and for the removal of any veteran's remains from a place of tempo- rary interment, or from an abandoned grave or cemetery, to a national cemetery. § 1006. Acquisition of lands The Administrator would be authorized to acquire additional lands for national cemeteries as needed. This could be accomplished by pur- chase, gift (including donations from .States or political subdivisions), condemnation, transfer from other Federal agencies, or otherwise, as he deemed in the best interest of the United States. § 1007. Authority to accept and maintain suitable memorials The Administrator, subject to such restrictions as he may prescribe, would be authorized to accept gifts, devises, or bequests from legiti- mate societies and organizations or from reputable individuals, for the purpose of beautifying or benefiting national cemeteries. He also would be authorized to make land available for this purpose and to furnish such care and maintenance as he deemed necessary. § 1008. Penalty for defacing cemeteries Penalties would be presciibecl for defacing any cemetery under the jurisdiction of the Veterans' Administration. The persoi~ in charge of such a cemetery, or his designee, would be authorized to arrest persons defacing cemeteries or committing other crimes against the United States on such premises and to bring them before the proper Federal judicial officials. (Public Law 90-578 abolishes the Office of U.S. Commissioner and establishes the Office of U.S. Magistrate.) Subsection (b) of section 2 of the bill amends the table of chapters at the beginning of part II of title 38, United States Code, to add the citation "24. National cemeteries and memorials" to reflect the new chapter. Subsection (c) of section 2 of the bill amends section 5316 of title 5, United States Code, to include the Director, National Ceme- tery System, Veterans' Administration, as paragraph (131) of level V of the Executive Sehedule Pay Rates. Section 3 This section directs the Administrator to conduct a comprehensive study of, and submission of his recommendations to the Congress con- cerning the criteria which should govern the development and oper- ation of the National Cemetery ~ystem; the relationship between that system to other Federal burial benefits provided servicemen and veterans; and the steps to be taken to conform the existing System to the recommended criteria. Section 4 Section 4(a) amends chapter 23 of title 38, United States Code, to add a new section 906 on headstones and markers. This transfers the existing authority of the Secretary of the Army under chapter 7 of title 24, United States Code, to provide headstones and markers to the Administrator of Veterans' Affairs. The language has been mod- ernized and simplified to make it conform with the present language of title 38. PAGENO="0037" 33 Subsection (a) of this new section directs the Administrator to fur- nish appropriate headstones or markers at Government expense where requested, for the unmarked grave of (1) any individual buried in ~t national cemetery or post cemetery; (2) any individual elegible for burial in a national cemetery, but not buried there (except for graves of IJ.S. citizens who served honorably with the armed forces of for- eign countries allied with the United States, dependents of certain servicemen and veterans, and those other persons or classes of persons designated by the Administrator as eligible for burial in such ceme- teries); and (3) soldiers of the TJnion and Confederate Armies of the Civil Wur. Subsection (b) of this new section authorizes the Administrator to furnish, when requested, an appropriate memorial headstone or marker to commemorate any veteran dying in the service and whose remains have not been recovered or identified or were buried at sea, for place- ment in n national cemetery area reserved for such purposes or in a private or local cemetery. Subsection (b) of section 3 of the bill amends the table of sections* at the beginning of chapter 23 of title 38 to include a reference to the new section 906. Section 5 Section 5(a) provides for the transfer from the Secretary of the Army to the Administrator of Veterans' Affairs jurisdiction over and responsibility for all national cemeteries. Excepted from this transfer are the cemetery at the U.S. Soldiers' Home and Arlington National Cemetery. This subsection also provides for the transfer from the Secretaries of the Army, Navy, and Air Force to the Administrator of Veterans' Affairs, jurisdiction over and responsibility for uny ceme- tery, memorial or monument cOming within their respective jurisdic- tion, which the President determines would be appropriate. Excepted from this transfer are the cemeteries located at the 1WS.' Military Academy at West Point, the U.S. Naval Academy at Annapolis, and the U.S. Air Force Academy at Colorado Springs. Subsection (b) directs the transfer of so much of the personnel, property, and unexpended balances of appropriations, allocations, and other funds available to the Seèretaries of the Army, Navy, and Air Force, in connection with functions transferred by this bill, as deter- mined by the Director of the Office of Management and Budget, to the Administrator of Veterans' Affairs. Subsection (c) is a savings clause whereby all offenses committed and all penalties and forfeitures incurred under any law amended or repealed by this measure may be prosecuted and punished in the same manner as if these amendments or repeals had not been made. Subsection (d) provides that all rules, regulations, orders, permits, and other privileges issued or granted by the Secretaries of the Army, Navy, and Air Force will remain in full force and effect until modified, suspended, overruled, or otherwise changed by the Administrator, by any court of competent jurisdiction, or by operation of law. Subsection (e) is a further savings clause under which (1) no suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Departments of the Army, Navy, or Air Force, with respect to functions transferred by this bill, PAGENO="0038" 34 shall abate because of the enactment of this bill; (2) no cause of action by or against any department or commission concerning the functions transferred or by or against any officer thereof in his official capacity shall abate because of the enactment of this bill; (3) causes of actions, suits, or other proceedings may be asserted by or against the United States or appropriate officer of the Veterans' Adminis- tration in any litigation pending at the time this act takes effect with the court, on its own motion or the motion of any party, being author- ized to enter an order giving such effect, and (4) suits commenced prior to the date of the enactment of this bill with respect to any function transferred shall be continued by the Administrator. Section 8 Section 6(a) provides for the repeal of statutes giving the Secretary of the Army jurisdiction over and responsibility for national ceme- teries. At the same time, all rights and duties that matured, penalties, liabilities, and forfeitures that were incurred, and proceedings that were begun before the effective date of the transfer of these cemeteries to the new National Cemetery System are preserved under the lan- guage of this subsection. Subsection (b) provides that nothing in the repeal section shall be deemed to affect in any manner the functions, powers, and duties of the Secretary of the Interior with respect to those cemeteries, memorials, or monuments coming within his jurisdiction on the date the new National Cemetery System is created or those of the Secre- taries of the Army, Navy, or Air Force with respect to those ceme- teries, memorials, or monuments under their respective jurisdiction to which the transfer provisions of this bill do not apply. Section 7 Section 7 amends section 3505 (a) of title 38, United States Code, to provide that where an individual is convicted of certain crimes which are subversive in nature, lie shall forfeit his right to burial in a national cemetery. Section 8 Section 8(a) provides that section 1, relating to the title of the act; section 2, creating the new Cemetery System and providing for its admini~tration; and section 7, relating to forfeiture of right to burial, are to take effect on the date of the bill's enactment. Subsection (b) provdes that section 4, concerning headstones and markers; section 5, transferring the various cem~teries to the new System; and section 6, repealing present authority of the Secretary of the Army over the transferred areas, are to take effect on July 1, 1972, or on such earlier date as the President may prescribe and pub- lish in the Federal Register. PAGENO="0039" 35 EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF MANAGEMENT AND BUDGET, Washington, D.C., February p26, i97~. Hon. VANCE HARTKE, Chairman, Committee on T7eterans' Affairs, U.S. Senate, Washington, D.C. DEAR MR. CI[ATRMAN: This is in response to your request of June ~21q 1971 for the views of this Office on S. ~O52, a bill to amend title 38 of the United States Code in order to establish a National Cemetery Sys- tem within the Veterans' Adniinistratioii, and for other purposes. S. 2O5~ would establish a National Cenietery ~vstem within the Vet- era1Is' Admimst.ration consisting of the national cemeteries now under the jurisdiction of the I)epartment of the Army (except the Arlington National Cemetery and the cemetery at the U.S. Sold iers~ Home) and the cemeteries of the Veterans' Administration. The bill would also authorize transfer to the Veterans' Administration from the Secre- taries of the Army, Navy, and, Air Force of other cemeteries, memo- rials, or monuments under their jurisdiction, as directed by the President. In his report to your committee, the Administrator of Veterans' Af- fairs stated his reasons for supporting S. 2052. The T)epartment of the Army and time American Battle Monuments Commission also favor enactment of the bill. We concur in the views of the Veterans' Administration and. accord- ingly, recommend favorable consideration of S. 2052. Sincereily, WILFRED H. ROMMEL A$s'~stant Director for Legislative Reference. PAGENO="0040" 36 DEPARTMENT OF THE ARMY, Washington, D.C., February 17,1972. Hon. VANCE HARTKE, Chai'iin~an, Com'in/ittee on TTeterans' Affcth s, U.S. Senate, Washington, D.C. DEAR MR. CHALRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense with respect to S. 2052, 92d Congress, a bill to amend title ~ of the United States Code order to establish a national cemetery system within the Veterans' Adnnnistratioii, and for other purposes. Time Department of the Army has beemi assigned responsibility for express- ing the views of the Department of Defense on this bill. The purpose of the bill is to establish a national cemetery system within the Veterans' Administration consisting of the (dnieteries under the jurisdiction of that Administration, the national cemeteries under the current jurisdiction of the Department of the Army (except the cemetery at the U.S. Soldiers' Home. and Arlington National Ceme- tery) and certain other cemeteries iiiide.r the (`U ri'ei it jim risdietion of the Arniy, t he ~avy, and the Air Force. The Department of the Army omi behalf of time i)epartment of De- fense supports the proj)oset egi siati OIL. We believe that enactment of S. 2052 will in no way affect the Sec- retary of the Army's authority over Arlington National Cemetery. Al- though this principle is clearly eiiuiiciated in section 0 (b) of the pro- posed bill, the T)epartiiient of the A tiny on behalf of the Depart- nieiit of I)efense reconunends that the phrase ~imm time National Ceme- terv System" be. added to section 10ft2 ( a) of the ProPose~l bill in line 22 of page 3 after the phrase "ally open imutiommal cemetery. This addi- tion will avoid any confusion concerning the clear purpose of the bill to retain in time Secretary of the Army full authority for Arlington National Cemetery. The fiscal effects of this bill ume. not known by time l)epartrnent. of Defense.. This report. has bee.im coordinated in time T)epaitmeiit of Defense iii accordance with pI'o(edures prescribed by time Secretary of J)efense. The Office of i\iaiiage.nient. and Budget. advises that.. from the stand- point of the adrninistrat.ioi(s program. there. is no oble(tiolm to the l)resemltatiolm of this rei)olt for time coimsideration of tim conminittee. S ineerelv, ROBERT F. FROEILLKE, Secretary of the Army. (ifi-966---72 PAGENO="0041" 37 DEPARTME~T OF THE NAVY, OFFICE OF LEGIsI~rIvE AFFAIRS, TVas/iington, D.C., April 18,1971. Hon. VANCE HARTKE, Chairman, Committee on Veterans' Affairs, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: On February 14, 1972, the Department of the Army, on behalf of the Department of Defense, transmitted its report to you on S. 2052, 92d Congress, a bill "To amend title 38 of the United States Code in order to establish a National Cemetery System within the Veterans' Administration, and for other purposes." The Department of the Navy concurs with the Army's report. Further study of S. 2052 by the Department of the Navy has resulted in con- cern regarding the effect of the bill on the status of the cemetery belonging to the United States Naval Home in Philadelphia. Among other things, S. 2052 will transfer responsibility and control over all cemeteries, burial plots, memorials, or monuments, presently under the jurisdiction of the Secretary of the Navy to the Administrator of Veterans' Affairs. The cemetery located at the Naval Academy is specifically exempted by the bill. The purpose of this letter is to re- quest that consideration be given to exempting from transfer the cemetery belonging to the United States Naval Home in Philadelphia. This exemption is requested to assure that the United States Naval Home is guaranteed a gravesite for present and future Naval Home residents who are buried by the Home. The present Naval Home ceiñetery is being used exclusively for the burial of deceased residents of the Home who are buried by the Navy. Statistics over the past four years indicate that 54 Naval Home residents were buried in the Naval Home cemetery. This number con- stitutes slightly less than fifty percent of the total deaths of Naval Home residents. It is anticipated that in the future the Naval Home will be required to provide for the burial of from forty to fifty per~ cent of its residents. In view of the anticipated need, the convenience, and the historical precedent for maintaining a cemetery for the ex- clusive use of the Naval Home, the Department of the Navy strongly recommends that the Naval Home cemetery be exempted from the provisions of S. 2052. This exemption could be effected by amend- ing lines 13 through 15 on page 13 of the bill to read as follows: "section (except those cemteries located at the United States Naval Home, the United States Naval Academy at Annapolis ,and the United States Air Force Academy at Colorado Springs) . . ." This letter has been coordinated within the Department of De- fense in accordance with procedures prescribed by the Secretary of Defense. The Office of Management and Budget advises that there is no oh- jection to the presentation of this request for the consideration of the Committee. * For the Secretary of the Navy. Sincerely yours, LANDO W. ZECH, ~ Captain, U.S. Navy Deputy Chief. PAGENO="0042" 38 COMPTROLLER GENERAL OF THE UNITED STATES, Washington, D.C., September ~2, 1971. B-l7~3832 Hon. VANCE HARTKE, Chairman, Committee on Veterane' Affairs, United States Senate, Washington, D.C. DEAR MR. CHAIRMAN: Your letter of August 9, 1971, requests our comments on S. 2052, which, if enacted, would be cited as the "National Cemeteries Act of 1971". The stated purpose of the subject bill is to amend title 38 of the United States Code in order to establish a National Cemetery System within the Veterans Administration (VA), and for other purposes. While we have no recommendations as to the merits of the bill, we offer the following comments for your consideration. Section 1000(b) (1) of title 38, United States Code, as added by the bill, provides that national cemeteries would be transferred from the Department of the Army to the Veterans Administration. Section 1004(e) states that the Administrator of VA may contract for the care and maintenance of the cemeteries under such terms and condi- tions as he may prescribe and without regard to the laws concernin advertising for competitive bids. We note that the waiver of sue laws has not been granted to the Secretary of the Army who is cur- rently required under 24 U.S.C. 278 to provide for the care and main- tenance of the national military cemeteries. While we have no infor- mation available as to the need for contracting by negotiation for such services, it would appear that by their very nature the services may be readily obtained under contracts let after advertising for com- petitive bids. We reconimend that in the absence of some special justifications therefor7 the language "and without regard to the laws coneerning advertismg for competitive bids" in lines 2 and 3, page 7, be deleted. Sincerely yours, PAUL G. DEMBLING, For the Comptroller General of the United States. PAGENO="0043" 39 THE AMERICAN BArrLE MONUMENTS COMMISSION, Washington, D.C., J'uZy 7, 197g. Hon. VANCE HARTKE, Chairman, Committee on Veterans' Affairs, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: Thank you for your letter of June 9, 1972, and the opportunity to report on S. 2052, a bill to amend title 38 of the TJnited States Code in order to establish a national cemetery system within the Veterans' Administration and for other purposes. Basically, 5.2052 would provide for: (a) Establishment of a national cemetery system within the Vet- erans' Administration consisting of the national cemeteries admin- istered by the Department of the Army and other cemeteries administered by the Veterans' Administration. Authority is also con-~* tamed in the bill to transfer frOm the military services for inclusion in the national cemtery system other cemeteries, monuments, and memo- r1als under their jurisdiction, as deemed appropriate by the Presi- dent. Arlington National Cemtery, the cemetery at the U.S. Soldiers' Home and those at the service academies would not be trans- ferred by the bill; (b) Authorization for the Veterans' Administration to administer, operate. and maintaiii the national cemetery system; (c) Assumption by the Veterans' Administration of the function of providing headstones and grave markers; (d) Preparation by the Veterans' Administration of a compre- hensive study of the national cemetery system and its relationship to other burial benefits for veterans, servicemen and women, and their dependents together with recommendations for consideration of the Congress. The American Battle Monuments Commission understands that the objective of national cemetery system legislation is to insure pro- vision of adequate burial space for veterans, service personnel and their dependents in reasonable proximity to their homes, and supports enactment of legislation to attain this objective. As over 90 percent of the burials now being made in national cemeteries are of veterans and their dependents, it would seem logical that the Veterans' Administra- tion be responsible for administering the new system. We note that the special category of inactive cemeteries has been recognized as the bill does not transfer the cemeteries of the Depart- ment of the Interior and the American Battle Monuments Commission to the Veterans' Administration. All of the American Battle Monu- ments Commission's cemeteries have been inactive for many years, and we understand that those of the Department of the Interior are largely PAGENO="0044" 40 inactive. In fact, the cemeteries of both of these agencies are more in the nature of national parks or memorial shrines than cemeteries. Maintenance of these shrines on foreign soil should continue to be the responsibility of this Commission, which has been carefully organized and trained over the years for this responsibility. Favorable consideration of S. 2502 is recommended. We are advised by the Office of Management and Budget that there is no objection to the presentation of this report from the standpoint of the Administration's program. Respectfully, A. J. ADAMS, Major GeneraZ, USA, Secretary. PAGENO="0045" 41 92D CONGRESS 1ST SESSION S. 1 34 IN THE SENATE OF THE UNITED STATES JANUARY 25, 1~71 Mr. MCGEE (for himself and Mr. HANSEN) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To provide for the establishinent of a national cemetery in the State of Wyoming. 1 Be it enacted by the Senate and House of Representa- 2 tires of the United States of America in Con qress assembled, 3 That the Secretary of the Army is authorized and directed 4 to establish a national cemetery in the State of Wyoming. 5 Such cemetery shall be established at or near the city of 6 Casper, Wyoming, if the Secretary determines that such a 7 location is desirable and practicable for such purpose. The 8 Secretary is authorized to use as a site for such cemetery 9 any federally owned lands in such State which are surplus II~ PAGENO="0046" 42 2 1 to the needs of the department or agency of the Government 2 having jurisdiction over such lands and a.re deemed by the 3 Secretary to be suitable for the location thereon of a na- 4 tional cemetery. In the event the Secretary determines that 5 no such federally owned lands are available as a site for 6 such cemetery, he is authorized to acquire by donation, 7 purchase, condemnation, or otherwise such lands as in his 8 judgment are required as a site for such cemetery. 9 `SEC. 2. The head of any department or agency of the 10 Government having jurisdiction over any lands in the State 11 of Wyoming which are surplus to the needs of such de- 12 partment or agency and which are deemed by the Secre- 13 tary of the Army to be suitable for the location thereon 14 of the nationa.1 cemetery provided for by the first section 15 of this Act is authorized and directed, upon request by the 16 Secretary of the Army, to transfer such lands to the De- .17 partment of the Army. 18 SEC. 3. The appropriation of such sums as may be 19 necessary to carry out the provisions of this Act is hereby 20 authorized. PAGENO="0047" 43 92D CONGRESS 1ST SESSION S 235 IN THE SENATE (F THE UNITED STATES ,JANUARY 26, 1971 Mr. STEVENS (for himself and Mr. GRAVEL) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs ABILL To. provide for the establishment of the post cemetery at Fort Richardson, Alaska, as a national cemetery. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the Secretary of the Army is authorized and directed 4 to establish a national cemetery at Fort Richardson, Alaska. 5 The Secretary shall include within the boundaries of such 6 national cemetery the grounds presently set aside for use 7 as a post cemetery at Fort Richardson and shall include 8 within the boundaries of such national cemetery such other 9 lands under his jurisdiction at Fort Richardson as he deems 10 necessary or appropriatei 11 Sno. 2, The Secretary of the Army shall provide for the II PAGENO="0048" 44 2 1 care and maintenance of the national cemetery established 2 under authority of this Act. 3 SEc. 3. There are hereby authorized to be appropriated 4 such sums as may he necessary to carry out the provisions 5 of this Act. PAGENO="0049" 45 92D CONGRESS 1s~ SESSION 394 - IN THE SENATE OF THE UNITED STATES JANUARY 28 (legislative day, JANUARY 26), 1971 Mr. CANNON (for himself and Mr. BIBLE) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To provide for the establishment of a national cemetery in the State of Nevada. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the Secretary of the Army is authorized and directed 4 to (1) establish a national cemetery in the State of Nevada 5 at such location as he determines most appropriate, and (2) 6 acquire by d~onation, purchase, condemnation, or otherwise, 7 such land as may be required for the establishment of such 8 cemetery, but not less than five thousand acres. 9 SEC. 2. The Secretary of the Army is authorized and 10 directed to provide for the care and maintenance of the 11 national cemetery established under authority of this Act. II 85-382 0 - 73 - 4 PAGENO="0050" 46 2 1 SEc. 3. There are hereby authorized to be appropriated 2 such siuns as may be necessary to carry out the provisions 3 of this Act. PAGENO="0051" 47 92D CONGRESS 1ST SI~88IoN S. 709 IN THE SENATE OF THE UNITED STATES FEBRUARY 10 (legislative day, JANUARY ~6), 1971 Mr. PROUTY introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To provide for the establishment of a national cemetery in the State of Vermont. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the Secretary of the Army is authorized and directed 4 to (1) establish a national cemetery in the State of Vermont 5 at such location as he determines most appropriate, and (2) 6 with the approval of the appropriate local officials of the site 7 selected, acquire `by donation, purchase, condemnation, or 8 otherwise, such land as may be required for the establishment 9 of such cemetery. 10 SEC. 2. The Secretary of the Army is authorized and II PAGENO="0052" 48 2 1 directed to provide for the care and maintenance of the na- 2 tional cemetery esta:blished under authority of this Act. 3 SEC. 3. There are hereby authorized to be appropriated 4 such sums as may be necessary to carry out the provisions 5 of this Act. PAGENO="0053" 49 92o CONGRESS 1ST SEssioN S. 1 933 IN THE SENATE OF THE UNITED STATES MAY 24, 1~71 Mr. BR00KE introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To provide for the establishment of a national cemetery at Westfield, Massaohu~ett~. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the Secretary of the Army is authorized and directed 4 (1) to establish a national cemetery at Westfield, Massa- 5 ohusetbs, and (2) to acquire by donation, purchase, con- 6 denmation, or otherwise ~u~h land as may be required for 7 the establishment of such national cemetery. 8 SEC. 2. The Secretary of the Army is authorized and 9 directed to provide for the care and maintenance of the 10 nationaJ cemetery established under authority of the first 11 se~tion of ~jj:5 Act. ii PAGENO="0054" 50 92D CONGRESS 1ST SEssioN S. 1 984 IN THE SENATE OF THE UNITED STATES tT~NE 2. 1971 Mr. FANNIN introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To provide for national cemeteries in the State of Arizona. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the Secretary of the Army is authorized and directed 4 (1) to establish one or more national cemeteries at a loca- 5 tion selected by him in the State of Arizona, and (2) to ac- 6 quire, by donation, purchase, condenmation, or otherwise, 7 such land as may be required for the establishment of such 8 national cemeteries. 9 Si~c. 2. When requested to do so by the Secretary of 10 the Army, the Administrator of General Services is author- ~ ized and directed to transfer to the Department of the Arn~y, II *(Star Print) PAGENO="0055" 51 1 without reimbursement or transfer of funds, any Govern- 2 ment-owned land in the State of Arizona, which the Secre- 3 tary of the Army ha~s determined to be suitable for the 4 purposes of this statute and which i's otherwise surplus to 5 Government needs. In addition, the Secretary of the Army 6 is authorized to utilize when practicable, for the establish- 7 ment thereon of a national cemetery or cemeteries, such 8 Government-owned lands under the jurisdiction of the T)e- 9 partment of the Army which are located within the State 10 of Arizona and which are no longer needed for military 11 purposes. 12 SEC. 3. Upon selection of the Secretary of the Army 13 of such land, as provided in sections 1 and 2 thereof, he is 14 authorized to establish such national cemeteries arid to pro- 15 vide for the care and maintenance thereof. 16 SEC. 4. The Secretary of the Army is authorized to 17 prescribe such regulations as he may deem necessary for the 18 administration of this Aót. 19 SEC. 5. There are hereby authorized to be appropriated, 20 out of any money in the Treasury not otherwise appropri- 21 ated, such sums as may be necessary `to carry into effect the 22 purposes of this Act. PAGENO="0056" 52 92D CONGRESS 1ST SESSIoN S. 2792 IN THE SENATE OF THE UNITED STATES NovE3rB~a 2, 1971 Mr. HARTKB (by request) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To provide for the establishment of a national cemetery at Sylmar, California. 1 Be it enacted by the Senate and House of Represent a- 2 tives of the United States of America in Congress assembled, 3 That the Secretary of the Army is authorized and directed to 4 establish a national cemetery at Syhnar, California, within 5 the boundaries of the former San Fernando Veterans Admin- 6 istration Hospital Reservation, California, containing ap- 7 proximately 94.2 acres. The General Services Administra- 8 tion shall make this property available to the Department of 9 the Army for the establishment of a. national cemetery 10 from the property which was transferred to the General 11. Services Administration for disposal as being excess to the II PAGENO="0057" 53 2 1 needs of the Veterans Administration. The exact metes and 2 bounds description of the real property to be made available 3 shall be determined by the Secretary of the Army... 4 SEc. 2. The Secretary of the Army shall provide for 5 the care and maintenance of the national cemetery established 6 under the authority of the Act. 7 S~c. 3. There are hereby authorized to be appropriated 8 such sums as may be necessary to carry out `the provisions 9 of this Act. PAGENO="0058" 54 92o CONGRESS 1ST SEssioN 2983 IN THE SENATE OF THE UNITED STATES DECEMBER 10, 1971 Mr. BEALL introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To provide for the establishment of a national cemetery in the State of Maryland. I Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the Secretary of the Army is authorized and directed 4 to (1) establish a national cemetery in the State of Mary- 5 land at such location as he determines most appropriate, and 6 (2) with the approval of the appropriate local officials of the 7 site selected, acquire by donation, purchase, condemnation, or 8 otherwise, such lands as may be required for the establish- 9 ment of such cemetery. 10 SEC. 2. The Secretary of the Army is authorized and di- " PAGENO="0059" 55 2 1 rected to provide for the care and maintenance of the na- 2 tional cemetery established under authority of this Act. 3 SEC. 3. There are hereby authorized to be appropriated 4 such sums as may be necessary. to carry out the~ provisions 5 of this Act. PAGENO="0060" 56 92D CONGRESS 1ST SESSIoN S. 2998 IN THE SENATE OF THE 1JNITED STATES DECEMBER 11, 1971 Mr. GRIFFIN (for himself and Mr. HART) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To provide for a national cemetery at Fort Custer, Michigan. 1* Be it enacted by the Senate and House of Representa- 2 lives of the United States of America in Congress assembled, 3 That (a) the Secretary of the Army is authorized and 4 directed to establish a national cemetery at Fort Custer, 5 Michigan. Such national cemetery shall include the site of 6 the present post cemetery at Fort Custer, together with such 7 additional land within the boundaries of the fort as the 8 Secretary of the Army may deem necessary. 9 (b) The Secretary of the Army is authorized and 10 directed to provide for the care and maintenance of such ~1 national cemetery. II PAGENO="0061" 57 92n CONGRESS 1ST SESSION S 3004 IN THE SENATE OF THE UNITED STATES DECEMBER 13,1971 Mr. BEALL introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To authorize the burial of the remains of Matthew A. ilenson in the Arlington National Cemetery, Virginia. 1 Be it enacted by the, Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That notwithstanding theprovisions of the Act entitled "An 4 Act to establish eligibility for burial in national cemeteries, 5 and for other purposes", approved May 14, 1948 (62 Stat. 6 234), as amended, the remains of Matthew A. Henson may 7 be buried in the Arlington National Cemetery, Virginia. II PAGENO="0062" 58 92D CONGRESS S. 3053 IN THE SENATE OF THE UNITED STATES J~xu~nr 21, 1972 Mr. STAFFORD introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To provide for the establishment of a national cemetery in the State of Vermont 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the Secretary of the Army is authorized and directed 4 to (1) establish a national cemetery in the State of Vermont 5 at such location as he determines most appropriate, and (2) 6 with the approval of the appropriate local officials of the 7 site selected, acquire by donation, purchase, condenmation, 8 or otherwise, such land as may be required for the establish- 9 ment of such cemetery. 10 SEc. 2. The Secretary of the Army is authorized and II - PAGENO="0063" 59 1 directed to provide for the care and maintenance of the ~ national cemetery established under authority of this Act. 3 SEC. 3. There are hereby authorized to be appropriated ~ `such sums as may be necessary to carry out the provisions 5 of this Act. PAGENO="0064" 60 92D CONGRESS 2D SESSION 308 1 IN THE SENATE OF THE UNITED STATES JANUAIIY 2T, 19T2 Mr. BOOGS (for himself and Mr. RoTh) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs *A BILL To provide for the establishment of a national cemetery in the State of Delaware. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the Secretary of the Army is authorized and directed to 4 (1) establish a national cemetery in the State of Delaware 5 at such location as he determines most appropriate, and 6 (2) with the approval of the appropriate local officials of 7 the site selected, acquire by donation, purchase, condemna- 8 tion, or otherwise, such land as may be required for the ~ establishment of such cemetery. 10 SEc. 2. The Secretary of the Army is authorized and II PAGENO="0065" 61 1 directed to provide for the care and maintenance of the 2 national cemetery established under authority of this Act. 3 SEC. 3. There are hereby authorized to be appropriated 4 such sums as may be necessary to carry out the provisions 5 of this Act. 85-382 0 - 73 - 5 PAGENO="0066" 62 92D CONGRESS 2o SESSION S. 321 3 IN THE SENATE OF THE UNITED STATES FEBRUARY 22, 1072 Mr. COOK introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To provide for the establishment of a national cemetery in the locality of Fort Knox, Kentucky. 1. Be it enacted by the Senate and house of Represent a- 2 tives of the United States of America in Congress assembled, 3 That the Secretary of the Arniy is authorized and directed to 4 (1) establish a national cemetery in the locality of Fort Knox, 5 Kentucky, at such location as he determines most appropri- 6 ate, and (2) with the approval of the appropriate local 7 officials of the site selected, acquire by donation, purchase, 8 condemnation, or otherwise, such land as may 1)e required 9 for the establishment of such cemetery. 10 SEC. 2. The Secretary of the Army is authorized and II PAGENO="0067" 63 2 1 directed to provide for the care and maintenance of the 2 national cemetery established under authority of this Act. 3 SEC. 3. There are hereby authorized to be appropriated 4 such sums as may be necessary to carry out the provisions of 5 this Act. PAGENO="0068" 64 92a CONGRESS S. 3292 IN THE SENATE OF THE UNITED STATES MAcoil 6, 1972 Mr. MONDALE (for himself and Mr. HUMPHREY) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend the Act of May 14, 1948, relating to eligibility for burial in national cemeteries. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the Act entitled "An Act to establish eligibility for 4 burial in national cemeteries, a.nd for other purposes", ap- 5 proved May 14, 1948 (62 Stat. 234; 24 U.S.C. 281), is 6 amended by adding at the end thereof a new subsection as 7 follows: 8 "(c) Whenever regulations of the Secretary of the 9 Army issued pursuant to this Act authorize the burial of the 10 remains in Arlington National Cemetery, Arlington, Virginia, 11 of any officer or employee of the United States who otherwise II PAGENO="0069" 65 2 1 qualifies for burial in a national cemetery and who at any 2 time held a position in the executive branch of the Federal 3 Government and ~ i~ipe~a.techf~r service ~ posi- 4 tion at the rate of~. ~i~b~d fOr level II, III, IV, or V 5 of the Executive Schedule under section 5313 through 5310, 6 respectively, of title 5, United States Code, such regulations 7 shall ~1s~ authorize the burial of the remains iii Arlington 8 National Cemetery, Arlington, Virginia, of any person who 9 otherwise qualifies for burial in a national cemetery and 10 who at any time served- as- a~ judge of a district court of the 11 United States (constituted under chapter 5. of title 28, United 12 States Code), as a~u~e~of aUnit~d States court of appeals, 13 or as the Chief Justice 01 `Ui Associate Justice of the Su- 11 preme Court of the United States.". PAGENO="0070" 66 92D CONGRESS 2D SESSION . 34 1 3 IN THE SENATE OF THE UNITED STATES ~L'j~cii ~. 19T2 Mr. `WILLIAMS (for himself a11(T Mr. (,`.~sE) introduced the following bill ; which was read twice and referred to time Committee on \eterans Affairs A BILL To provide for the expansion of the Beverly National Cemetery in or near Beverly, Burlington County, New Jersey. 1 Be it enacted by the Senate and house of Represent a- 2 tives of the United States of America in Congress assembled, 3 That the Corigi~ess finds that- 4 (1) the privilege granted rneml)ers and honorably 5 discharged members of the United States armed services, 6 their spouse, and dependent children to be allowed to 7 rest in peace in a national cemetery was bestowed by 8 a grateful Nation through various Acts of Congress; 9 (2) provision for the acquisition of lands for na- 10 tional cemetery P1T~P0Se5 was made in an Act of Febrii- 11 ary 22, 1867, which has permitted our Government to - II PAGENO="0071" 67 9 1 establish buria' groimds on United States soil for inter- 2 ment of these deceased Americans since shortly after 3 the American Civil War, as well as permanent military 4 cemeteries abroad for the interment of deceased military pcrsoiii~e1 of World WTar I and World War II; 6 (3) the Beverly National Cemetery located on a site 7 presently comprising approximately sixty-four and fifty- 8 five one-hundredths acres in Beverly, Burlington County, 9 New Jersey, was established beginning in 1862 for these 10 said purposes, and is now filled to capacity; 11 (4) the wars that have since followed and the pres- 12 ent Vietnam conflict, present a mounting shortage of 13 grave plots in our national cemeteries, thereby weighing 14 heavily on the present administration's policy advocating 15 the nonexparision of the national cemetery system; 16 (5) in testimony to the accelerated demand for 17 grave plots in our national cemetery system, the Beverly 18 National Cemetery during the last two years of its 19 functional service burials had increased to approximately 20 two thousand seven huiidred interments per year; 21 (6) throughout the past decade many nationally 22 chartered veterans organizations have adopted formal 23 resolutions expressing their concern with this longsthnd- 24 ing problem at Beverly National Cemetery, officially 25 petitioning State and Federal officials to have the situa- PAGENO="0072" 68 3 1 tion remedied by the Government's purchase of addi- 2 tional available and suitable land iii the immediate vichi- 3 ity of the present national ceuieteiy at Beverly; 4 (7) the New Jersey State Legislature has memori- 5 alized the Congress for the past decade to purchase addi- 6 ional acreage surrounding the Beverly Na ti ( ) i ia 1 Cei iie- 7 tery; 8 (8) it is estimated that at a reasonable rate of bar- 9 ials average two thousand five hundred per year approxi- 10 mately one hundred and thirty acres of land will be nec- 1 1 essary to sustain and keep open the Beverly National 12 Cemetery for the next twenty years; (9) tIne increashig demand and fierce competition 14 for the use of land throughout our ~at1()mI will (ontillually 15 diminish the supply and tend to increase tIme cost of pub- 16 lie acquisition of lands available and appropriate for 17 national cemetery purposes; 18 (10) it is also recognized that the acquisition of 19 additional land by the Federal Govermnnent for public 20 use may cause an mnidue financial burden on the local 21 tax structure and taxpayers of the area and that there 22 is rich wisdom in softening any sharp and severe un- 23 pact of an immediate loss of tax ratables to the locfli 24 communities mmd citizens in the vicinity of the Beverly 25 National Cemetery; amid PAGENO="0073" 69 4 1 (11) the Federal Government must act now to ac- 2 quire lands as are now availal)le aiid appropriate for the 3 expansion of the Beverly National Cemetery so that 4 they may be used and preserved for use for such purposes. 6 SEC. 2. That the Secretary of the Army is authorized 7 and directed (1) to expand the national cemetery in or near 8 Beverly, Burlington County, New Jersey, and (2) to ac- 9 quire by gift, purchase, condemnation, or otherwise, approxi- 10 mately one hundred and thirty acres of land contiguous to or ~ in the vicinity of the Beverly National Cemetery to provide 12 sufficient burial plots to accommodate interment needs of our 13 veterans at the Beverly National Cemetery through the 14 year 1985. 15 SEC. 3. (a) To the end that municipalities may not 1 6 suffer loss of taxes by reason of the acquisition and owner- 17 ship by the Federal Government of piopei'ty mider the 18 provisions of this Act, the Federal Government shall pay 19 annually on October 1 to each municipality in which prop- 20 erty is so acquired for a period of thirteen years following 21 such acquisition the following amounts: In the first year a 22 sum of money equal to that last paid as taxes upon such land 23 and the improvements thereon for the taxable year irn- 24 mediately 1)1101 to the time of its acquisition, and thereafter 25 the following percentages of the amount paid in the first PAGENO="0074" 70 5 1 year, to wit, second year 92 per centum; third year 84 per 2 centum; fourth year 76 per centum; fifth year 68 per cen- 3 turn; sixth year 60 per ceriturn; seventh year 52 per centurn; 4 eighth year 44 per centurn; ninth year 36 per centum; tenth 5 year 28 per centurn; eleventh year 20 per centum; twelfth 6 year 12 per centum; thirteenth year 4 per centurn. 7 (b) All sums of money received by the respective mu- 8 nicipalities as compensation for loss of tax revenue pursuant 9 to this section shall be applied to the same purposes as is 10 the tax revenue from the assessment and collection of taxes 11 on real property of the said municipalities, arid to accom- 12 plisli this end such sums shall be apportioned in the same 13 manner as the general tax rate of the municipality for the 14 tax year preceding the year of receipt. 15 SEC. 4. The Secretary of the Army is authorized and 16 directed to provide for the care and maintenance of the 17 lands acquired under time authority of this Act as a part of 18 the national cemetery system. 19 SEC. 5. There are hereby authorized to be appropriated 20 such SII~1S as may i)e necessary to carry out the provisions 21 of this Act. PAGENO="0075" 71 DEPARTMENT OF T.EiE ARMY, Wa$bington. D.(!.. Febi'uary 22,1972. Hon. VANCE HARTKE, (7I?ai'1~1nan, Committee on TTeterans~ Aff aim, U.S. Senate, lVa$hington, D.C. DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense with respect to the following bills introduced in the 92d Congress: S. 134 a. bill "to provide for the establishment of a national cemetery in t'he State of Wyoming"; S. 235 a bill "to provide for the establishment of the post cemetery at Fort Richardson, Alaska, as a national cemetery"; S. 394 a bill "to provide for the establishment of a national cemetery in the State of Nevada"; S. 709 a bill "to provide for the establishment of a national cemetery in the State of Vermont"; 5. 1933 a bill "to provide for the establishment of a national cemetery at Westfield, Massachusetts"; S. 1984 a bill "to provide for national cemeteries in the State of Arizona." The Department of the Army has been assigned responsibility for expressing the views of the Department of Defense on these bills. The Department of the Army on behalf of the Department of De- fense does not favor expansion of the national cemetery system on a piece meal basis since, it new cemeteries are to be established, the needs of different parts of the IJnited States for new national cemeteries should be carefully analyzed. Accordmgly, the Department of Defense fivors the approach taken in S. 2052 now pending before your com- mittee, since that bill would require the Administrator of Veterans' Affairs to make an in depth study and report to Congress on the criteria which should govern the future of the national cemetery system. On the basis of the foregoing, the Department of the Army on behalf of the Department of Defense Opposes enactment of these bills. The fiscal effects of these bills are not known by the Department of Defense. This report has been coordinated within the T)epartinent of Defense in accordance with procedures prescribed by the Secretary of l)efense. The Office of Management and Budget advises that from the stand- point of the Administration's program, there is no objection to the presentation of this report for the consideration of the Committee. Sincerely, KENNETH E. BELIETJ. Acting Secretary of t lie Army. PAGENO="0076" 72 VETERANS' ADMINISTRATION, OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, Washington, D.C., February 22, 1972. Hon. VANCE HARTKE, Chaiiman, Committee on TTeterans' Affairs, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This will respond to your request for a report by the Veterans' Administration on various 92d Congress bills relating to the establishment of additional national cemeteries and expansion of existing national cemeteries. These are: S. 134, S. 235, S. 394, S. 709, S. 1933, S. U~S4. S. 2792, S. 2983, S. 2998, S. 3053, and S. 3081. The enclosure to this report provides a brief analysis of these measures, arranged by State. Legislation is currently pending before your committee (for exam- ple, S. 2052, 92d Congress), which would establish a National Cemetery System to be administered by the Veterans' Administration. In a report to your committee, dated February 15, 1972, we are recommending favorable consideration of S. 2052 by your committee. We believe that until time policy with respect to the future of the National Cemetery System has been resolved, it would be premature to consider any meas- ure proposilig the expansion of that system. Moreover, we believe that rather tha.n the enactment of legislation providing for the establishment of cemeteries at specific locations, the sound approach is for orderly review by the agency charged with responsibility for the system. For the foregoing reasons, we recommend against favorable consid- eration by your committee of the bills listed in this report. We are advised by the Office of Management and Budget that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely, DONALD E. JOHNSON, Administrator. Enclosure. SENATE BILLS To ESTABLISH NATIONAL CEMETER~S-92D CONGRESS ALASKA 5. 235: Establishes a national cemetery at Fort Richardson, Alaska, to include grounds presently set aside for a post cemetery and such other lands as the Secretary of the Army deems appropriate. PAGENO="0077" 73 ARIZONA S. 1984: Authorizes the acquisition of land for the establishment of one or more national cemeteries in Arizona at locations to be selected by the Secretary of the Army. CALIFORNIA S. 2792: Authorizes the establishment of a national cemetery at Sylmar, California, within the boundaries of the former San Fernando Veterans Administration Hospital Reservation. DELAWARE 5. 3081: Authorizes the Secretary of the Army to acquire land and to establish a national cemetery in the State of Delaware at a place lie determines most appropriate, and to provide for its care and maintenance. MARYLAND S. 2983: Authorizes acquisition of land in the State of Maryland for establishment of a national cemetery at a location to be selected by the Secretary of the Army with approval of appropriate local officials of the site selected. MA55ACIIUSETTS 5. 1933: Authorizes the acquisition of land for establishment of a national cemetery at a location at Westfield, Massachusetts, to he selected by the Secretary of the Army. MICHIGAN S. 2998: Authorizes establishment of a national cemetery at Fort Custer, Michigan, which includes the site of the present post cemetery, together with such other lands within the boundaries of the fort as the Secretary of the Army deems necessary. NEVADA 5. 394: Authorizes the acquisition of land for the establishment of a. national cemetery at a location in Nevada to be selected by the Secre- tary of the Army. VERMONT S. 709: Authorizes the acquisition of land for the establishment of a national cemetery at a ~ocat.ion in Vermont to be selected by the Secretary of the Army. S. 2053: Authorizes the Secretary of the Army to acquire land and establish a national cemetery in the State of Vermont at a place he determines most appropriate and to provide for its care. and maintenance. * * .. WYOMING S. 134: Authorizes the acquisition of land for the establishment of a national cemetery at a location at or near Casper, Wyoming, to be selected by the Secretary of the Army. PAGENO="0078" 74 EXECUTIVE OFFIcE OF TUE PRESIDENT, OFFICE OF MANAGEMENT AND BUDGET, lTTa.shington, D.C., March 2, 7972. Hon. VANCE HARTKE, CYhairm an, Committee on Vetera'n s' Affairs, U.S. Senate. TTTashnqfom l).C. Dr.~n Mid. (~1i.uRM.~N : This is in response to your request for the views of this Office on S. 134, a hill to p1o\~1de. for the establishment of a national cemetery in the State. of Wvoming. ~fft~s ietter wifl also serve as our report. on a number of related hills listed in the att:wh- ment.. In reports to your committee on these bills, the Veterans' Adminis- tration and the Department. of the Army note that. S. 2O~2, now pend- ing before your committee, calls for a Comprehe1lsive study by the Administrator of Veterans' Affairs of the. proposed national cemetery system and its relationship to other burial benefits provided by the. Federal Government to servIcemen and veterans. The Veterans' Ad- ministration and the Department of the Army recommend against ena~t.ment of tl~ese bills pending the completion of that study. We concur with the views expressed in these reports and. accord- ingly, recommend against enactment of S. 134 and the related bills listed in the attachment. Sincerely, WTILFJiED H. ROMMEL, A .mi.stan t I)ireeto i ~ Lerji~/ (it i'e Reference.. Enclosure. COMMITTEE REQUESTS [Attachment to report on S. 1341 Date Bill No. Title requested S. 235.. - - -- - - - - To provide for the establishment of the post cemetery at Fort Richardson, Alaska, as Apr. 7, 1971 a national cemetery. 5. 394 To provide for the establishment of a national cemetery in the State of Nevada Do. S.709 To provide for the establishment of a national cemetery in the State of Vermsnt Do. 5. 1933 To provide for the establishment of a natisnal cemetery at Westfield, Mass June 2,1971 S. 1984 To provide for national cemeteries in the State of Arizona June 7,1971 S. 2792 To provide for the establishment of a national cemetery at Sylmar, Calif Nov. 4,1971 S. 2983 . To provide for the establistiment of a national cemetery in the Stale of Maryland . - Dec. 13, 1971 S. 2998 To provide for a national cemetery at Fort Cluster, Mich . . - .. Dec. 14, 1971 S. 3053 To provide for the establishment of a national cemetery in Ito Slate of Vermont - Jan. 24, 1972 PAGENO="0079" 75 DEPARTMENT OF THE ARMY, Washington, D.C., Febm~ary 22,1972. Hon. VANCE HARTKE, Chairman, Committee on Vetercins' Affairs, United States Senate, Washington, D.C. DEAR MR. CHAIRMAN: Reference is made to your request to the See- ret~ry of the Army for the views of the Department of the Army with respect to S. 2792, 92d Congress, a bill "to provide for the esta'blish~ ment of a national cemetery at Sylmar, Calif." The Department of the Army does not favor expansion of the na- tional cemetery system on a piecemeal basis since, if new cemeteries are to be established, the needs of different parts of the United States for new national cemeteries should be carefully analyzed. Accord- ingly, the I)epartment of the Army favors the approach taken in S. 2052 now pending before your committee, since that bill would require the Administrator of Veterans' Affairs to make an in-depth study and report to Congress on the criteria which should govern the future of the national cemetery system. On the basis of the foregoing, the Department of the Army opposes enactment of this bill. The fiscal effects of this bill are not known by the Department of the Army. The Office of Management and Budget advises that from the stand- point `of the administration's program, there is no objection to tile presentation of this report for the consideration of the committee. Sincerely, KENNETH E. BELIEL-, Aetinq Secretary of the Army. PAGENO="0080" 76 DEPARTMENT OF THE ARMY, WaBhington., D.C., Febnuary 21,1972. Hon. VANCE HARTKE, Chairman, Committee on T7eterans' Affairs, U.S. Senate, Washington, D.C. DEAR MR. C~IR~rAx: Reference is made to your request for the views of the Department of the Army with respect to the following bifl introchiced in the 92d Congress: S. 2983 a bill to provide, for the. est.ablishmeiit of a national cemetery in the State of Maryland. The Department of the Army does not favor ex1)ansion of the na- tional cemetery system on a pieceiiieal. basis since, if new cemeteries are to be established, the needs of different parts of the United States for new national cemeteries should be carefully analyzed. Accordingly, the Department of the Army favors the approach taken in S. 2052 now pending before your committee, since that bill would require the ad- ministrator of Veterans' Affairs to make an in-depth study and report to Congress on the criteria which should govern the future of the na- tional cemetery system. On the basis of the foregoing, the Department of the Army opposes enactment of this bill. The fiscal effects of this bill are not known to the Department of the Army. The Office of Management and Budget advises that from the stand- point of the administration's program, there is no objection to the presentation of this report for the. consideration of tl'ie committee. Sincerely, KENNETH E. BELIEU, Acting Secretary of the Army. PAGENO="0081" 77 DEPARTMENT OF TILE ARMY, TVa.$IthLqton. J).C.. PeI)1?1a~J 22. 1972. Hon. VANCE HARTKE~ (Thu ii~m a'n~ Corn mittee on TTeterans' Affairs, U.S. Sei~ate. Washington, D.C. I)EAR Mn. C1-L~IRMAN : Reference is made to your request for the views of the Departnie.nt. of the Army with respect, to the following bill introduced in the 92d Congress: S. ~S. a bill "to p~o~~ide for a national cemetery at Fort Custer, Mich." The I)epartment of the Army does not favor expansion of the na- tional cemetery system on a piecemeal basis since, if new cemeteries are to be established, the needs of different parts of the United States for new national cemeteries should be carefully analyzed. Accord- ingly, the. Department of the Army favors the approach taken in S. ~O5'2 now pending before your committee, since that bill would require the Administrator of Veterans' Affairs to make an in-depth study and report to Congress on the criteria \vhicll should govern the future of the national cemetery system. On the. basis of the foregoing, the Department of the Army oppose~ enactment of this bill. The fiscal effects of this bill are not known to the Department of the Army. The Office of Management and Budget advises that from the stand- point of the administration's program, there is no objection to the ~ reseiitation of tb is rel)ort for the COflSI deration of the committee. Sincerely, KENNETH E. BELIEU, Acting Secretary o/the Army. 85-382 0 - 73 - 6 PAGENO="0082" 78 DEPARTMENT OF THE ARMY, Washington, D.C., May 31, 1972. Hon. VANCE HARTKE, Chairman, Committee on Veterans' Affairs, U.S. Senate, TVashington, D.C. DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of the Army for the views of the Department of the Army with respect to 5. 3004, 92d Congress, a bill to authorize the burial of the remains of Matthew A. Henson in the Arlington National Ceme- tery, Va. The purpose of the bill is to authorize the interment of Matthew A. Henson in Arlington National Cemetery. Although not specifically so stated, this action is apparently intended to be in recognition of Mr. Henson's services to Adm. Robert E. Peary during the period when the admiral was engaged in his several Arctic explorations. The Department of the Army opposes enactment of the proposed legislation. The primary purpose of national cemeteries is to provide burial places for those who have served their country honorably in the Armed Forces of the United States, their spouses, and minor children. All of the categories of persons who may he buried in national ceme- teries are listed in the act of 14 September 1959 (73 Stat. 547). Official records of the Department of l)efense do not show that. Mr. Henson is within any of the categories of individuals authorized to he interred in national cemeteries. nor do they contain any details as to his service with Admiral Pearv. The admiral was on leave during the period of his Arctic explorations and his expeditions were privately financed. Mr. Henson w-as not in the civilian or military service of the Government at the time but did serve in a civilian capacity both before and after his employment with Admiral Peaiy. He was first employed as a laborer at. the Philadelphia Navy Y~iic1 from April 10, 1889, to May 31, 1891 . On May 10, 1913, lI(~ teceived a Presidential appointmciit as a clerk in the Customs Service at Philadelphia, was 1)Ionloted to clerk on February 5. 1927. and retired on August 81. 1936. He died in New York on March 9. 1955. The enactment of S. 3004 would give Mr. Henson interment rights in a national cemetery which are not accorded to other Americans who are equally deserving. It would discriminate against his fellow citizens who have served their country in various civilian capacities, in both war and peace. Accordingly, it is strongly recommended that this bill not be favorably considered. The fiscal effects of this bill will be nominal. This report has been coordinated within the T)epartment of T)e- fense in accordance with pro(edllres prescribed by the Secretary of Defense. The Office of Management and Budget advises that there is no objection to the submission of this report. Sincerely, KENNETI i E. BELIELr, Acting Secetary of the Army. PAGENO="0083" 79 VETE1L~ N S AI)M IN ISTRATION, OFFICE OF THE ADMINISTRATOR OF VETERANS AFFAIRS, Wash'inqton~ D.C., June 5, 1972. Hon. VANCE HARTKE, Chairman, Committee on Veterans' Affairs, U.S. Senate, TVashington, D.C. DEAR MR. C1-IAIR~rAN: This will respond to youi request for a report by the Veterans' .\ iministiation on S. 3004. 9~d Congress~ a bill to authorize the burial of the remains of Matthew A. Henson in the Arlington National Cemetery, Va. The statement of the sponsor made at the time. of the introduction of the subject bill, indicates that Mr. Henson was a member of Adm. Richard E. Peary's expeditions in search of the North Pole and on April 6, 1909, was with the Admiral when the North Pole was dis- covered. Mr. Henson's service was apparently rendered in a civilian capacity since we find no evidence available which would indicate that he was a vetei~an. Legislation is currently pending before voui committee (for ex- ample. S. 205~, 92d Congress) which would establish a National Ceme- tery System to be administered by the Veterans' Administration. How- ever, that legislative proposal specifically exempts Arlington National Cemetery from the transfer provisions of the bill and the Department of the Army would retain jurisdiction over that cemetery. In view of the foregoing, we~ would defer to the views of the Depart- ment of the Army as-to the merits of S. 3004. We are advised by the Office of Management and Budget that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely, DONALD E. JOHNSON, Administrator. PAGENO="0084" 80 DEPARTMENT OF THE ARMY, Iril.s/1~nqton. D.C.. J?ehruu,i, 22. 1972. Hon. VANCE HARTKE, Chairman, Committee on Veteramis' Affairs. U.S. Senate, Wash i~qton. D.C. l)EAR MR. C11AIm~[~~x: Reference is made to your request for the views of the 1)epartnient of the Army with respect to the following bill introduced in the ~)2d Congress: S. 3053, a bill "to provide for the establishment of a national cemetery in the State of Vermont." The Department of the Army does not favor expansion of the national cemetery system on a piece meal basis since, if new cemeteries are to be established, the needs of different parts of the United States for new national cemeteries should be carefully analyzed. Accord- ingly, the Department of the Army favors the approach taken in 5. 2052 now pending before your Committee, since that bill would require the Administrator of Veterans' Affairs to make an in depth study and report to Congress on the criteria which should govern the future of the national cemetery system. On the basis of the foregoing, the Department of the Army opposes enactment of this bill. The fiscal effects of this bill are not known to the Department of the Army. The Office of Management and Budget advises that from the stand- point of the Administration's program, there is no objection to the l)1~sentation of this report for the consideration of the committee. Sincerely, KENNETH E. BEL1EU, Acting Secretary of the Army. PAGENO="0085" 81 DEPARTMENT OF THE ARMY, Washington, D.C., February 212, 1972. Hon. VANCE HARTKE, Chairman, Conwtittee on T7etera~s' Affairs, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: Reference is made to your request for the views of the Department. of the Army with respect to the following bill introduced in the 92d Congress: S. 3081, a bill "to provide for the establishment of a national cemetery in the State of Delaware." The Department of the Army does not favor expansion Qf the na- tional cemetery system on a piecemeal basis since, if new cemeteries are to be established, the needs of different parts of the TJnit.ed States for new national cemeteries should be carefully analyzed. Accordingly, the Department of the Army favors the approach taken in S. 2052 now pending before your committee, since that bill would require the Administrator of Veterans' Affairs to make an in-depth study and report to Congress on the criteria which should govern the future of the national cemetery system. On the basis pf the foregoing, the Department of the Army opposes enactment of this bill. The fiscal effects of this bill are not known to the Department of the Army. The Office of Management and Budget advises that from the stand- point of the Administration's program, there is no objection to the presentation of this report for the consideration of the committee. Sincerely, KENNETH E. BELIEU, Acting Secreta~, of time Army. PAGENO="0086" 82 VETERANS ADMINISTRATION, OFFICE OF GENERAL COUNSEL, TVashington, D.C., A prilS, 1972. Hon. VANCE }f~wrK~, Chai~inan, Contmittee on Veterans' Affairs, Washington, D.C. DEAR Mit CHAIRMAN: This will respond to your request for a re- port by the Veterans' Administration on S. 3213, 92d Congress. The bill proposes to provide for the establishment of a national cemetery in the locality of Fort Knox, Kentucky. The subject bill is similar in purpose to S. 134 and other bills pro- viding for the establishment of cemeteries at specific locations, which were the subject of a report to your committee by the Administrator of Veterans' Affairs on February 17, 1972. A copy of that report is enclosed for your ready reference. The views expressed in that report are equally applicable to S. 3213. Sincerely, JOHN J. CORCORAN, General Counsel. PAGENO="0087" 83 DEPARTMENT OF THE ARMY, Washington, D.C., April 7, 197~. Hon. VANCE HARTKE, Chai~iman, Com~mittee on T7eteran.s' Affairs, U.S. Senate, Washington, D.C. Dr~ MR. CHAIRMAN: Reference is made to your request for the views of the Department of the Army with respect to the following bill introduced in the 92d Congress: S. 3213 a bill to provide for the establishment of a national cemetery in the locality of Fort Knox, Ky. The Department of the Army does not favor exp~msion of the national cemetery system on a piecemeal basis since, if new cemeteries are to be established, the needs of different parts of the United States f or new national cemeteries should be carefully analyzed. Accordingly, the Department of the Army favors the approach taken in S. 2052 now pending before your Congress, since that bill would require the Admin- istrator of Veterans' Affairs to make an in-depth study and report to Congress on the criteria which should govern the future of the national cemetery system. On the basis of the foregoing, the Department of the Army opposes enactment of this bill. The fiscal effects of this bill are nct known to the Department of the Army. The Office of Management and Budget advises that from the stand- point of the administration's program, there is no objection to the presentation of this report for the consideration of the committee. Sincerely, ROBERT F. FROEJILKE, Secretary of the Army. PAGENO="0088" 84 EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF MANAGEMENT AND BUDGET, Washington, D.C., March 30, 197g. Hon. VANCE HARTKE, Chairman, Committee on Veterans' Affairs, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to your request of Feb- ruary 22, 1972 for the views of this Office on S. 3213, a bill "To provide for the establishment of a national cemetery in the locality of Fort, Knox, Kentucky." In our February 29, 1972 letter to your Committee on a number of similar bills, we noted that S. 2052, now pending before your Commit- tee, calls for a comprehensive study of the proposed National Ceme- tery System and its relationship to other burial benefits provided by the Federal Government to servicemen and veterans. We also noted that the Veterans Administration and the Department of the Army have recommended against enactment of various bills providing for the establishment of new national cemeteries, pending completion of the study proposed in S. 2052. The views expressed in our February 29, 1972 letter also apply to S. 3213. Accordingly, we recommend against enactment of S. 3213. Sincerely, WILFRED H. R0MMEI4, Assistant Director for Legislative Reference. PAGENO="0089" 85 DEPARTMENT OF THE ARMY, Washington, D.C., April 14, 1972. Hon. VANCE HARTKE, Chairman, Committee on Veterans' Affairs, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: Reference is made to your request for the views of the Department of the Army with respect to S. 3292, 92d Congress, a bill to amend the act of May 14, 1948, relating to eligibility for burial in national cemeteries. The purpose of the bill is to add Federal district court judges and other judges to the list of categories of former members of the Armed Forces who would be eligible for burial under regulations issued by the Secretary of the Army for eligibility for burial in Arlington National Cemetery. The Department of the Army opposes the enactment of the pro- posed legislation. The current regulations were promulgated by the Secretary of the Army, with the approval of the Secretary of Defense, in February 1967 to establish special criteria for eligibility for burial at Arlington National Cemetery. These regulations limiting burials in Arlington were necessary to prevent a premature closing of the cemetery to all burials and to permit an orderly development of planning improve- ment programs for this cemetery. The decision to make any limitation on burials at Arlington was a difficult one and obviously controversial. After assuring continuing eligibility for men and women on active duty and those who have retired after a significant part of their adult lives had been spent in the Armed Forces, it was determined that a limited number of veterans who also held appointive and elective positi oils in the Federal Govern- ment would be included. The veterans who would come under the 1)10- visions of 5. 3292 were not included in the criteria established. A different formula undoubtedly might have been used. However, to open the criteria of eligibility at Arlington to any new category at this time would open the door to other categories and have the effect of nullifying the program contemplated for that cemetery. For the foregoing reasons, the Department of the Army is opposed to the bill. *The fiscal effects of this biU are not known to the Department of the Army. The Office of Management and Budget advises that from the stand- point of the administration's ~Jrogram, there is no objection to the presentation of this report for the consideration of the committee. Sincerely, ROBERT F. FROEHLKE, Secretary of the Army. PAGENO="0090" 86 EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF MANAGEMENT AND BUDGET, Wathington, D.C., May 1, 197~3. Hon. VANCE HARTKE, Chairman, Committee on Veterans' Affairs, U.S. Senate, TVa~shington, D.C. DEAR MR. CHAIRMAN: This is in response to your request of March 8, 1972 for the views of this Office on S. 3292, a bill to amend the act of May 14. 1948, relating to eligibility for burial in national cemeteries. In its report to your committee the Department of the Army ex- plains its reasons for opposing favorable consideration of S. 3292. The Department notes that the bill would have the effect of nullifying the orderly development of long-range plans for the Arlington Na- tional Cemetery and would open the door to other categories of eligibles for burial. We concur with the views of the Department of the Army and, ac- cordingly, recommend against enactment of S. 3292. Sincerely, WILFRED H. ROMMEL, Assistant Director for Legi~iative Reference. PAGENO="0091" 87 VETERANS' ADMINISTRATION, OFFICE OF GENERAL COUNSEL, Wa.shi'ngton, D.C.. May 1, 1972. Hon. VANCE HARTKE, (`Ilairman, Committee on T7eterans' Affairs, United States Senate, 1Vu.shzngto~ D.C. l)EAR MR. CHAIRMAN: This will respond to your request fo~r a report by the Veterans Administration on S. 3413, 92d Congress, a bill to provide for the expansion of the Beverly National Cemetery in or near Beverly, Burlington County, N.J. The subject bill is similar in purpose to S. 134 and other bills pro- viding for the establishn'ient of national cemeteries or the expansion of existing national cemeteries which was t.he subject of a report to your c9inmittee by the Administrator of Veterans' Affairs on February 17, 1972. A copy of that report is enclosed for your ready reference. The views expressed in that report are equally applicable to S. 3413. Sincerely, JOHN J. CORCORAN, Gene raZ Counee7. PAGENO="0092" 88 Senator TJUJRMOND. Our first witness today is Mr. Charles R. Ford, Chief of Civil Functions, Department of the Army. Mr. Ford. you are the first witness, and you can introduce the other people with you. STATEMENT OF CHARLES R. FORD, CHIEF OP CIVIL FUNCTIONS, OFFICE `OF THE UNDER SECRETARY OF THE ARMY; ACCOMPA- NIED BY CARL T. NOLL, ACTING CHIEF OF THE MEMORIAL DIVISION; AND COL. VINCENT L. CORRADO, CHIEF OF SUPPORT SERVICES Mr. FORD. I am Charles R. Ford. Chief of Civil Functions in the office of Mr. Kenneth E. Belieu. the IJnder Secretary of the Army, who supervises for the Secretary the civil functions of the Department which include the operation of the national cemeteries. I have with me today Col. Vincent L. Corrado. Chief of Support Services. Mr. Carl T. Noll. Acting Chief of the Memorial Division. and memlers of his staff who, have direct operational responsibility for the national ceme- teries. It is a pleasure for us to be here. Since the Department of the Army has not appeared before your committee in the past, we would like to provide for the record detailed background material relating to the national cemetery system. I shall, therefore, only briefly summarize that material before proceeding to offer our comments on the bills pending before your committee which would affect the national cemetery system with particular emphasis on our position concerning S. 2052. The national cemetery system originated during the Civil War when 22 national cemeteries were established, pursuant to an act of Congress, to provide graves for soldiers dying in the service of their country. The greatest growth in the system came immediately after the Civil War, bringing the total to 62 cemeteries by 1870. From then on, the growth of the system was sporadic. Several cemeteries were added in the growing West during the 1870's and 1880's. In the 1920's, a cemetery was added at Louisville to preserve the grave of President Zachary Taylor, and during the 1930's seven cemeteries were estab- lished. Only six cemeteries have been added to the system since World War II, and since 1950 no new cemeteries have been authorized. The national cemetery system, as administered by the Department of the Army, is now comprised of 116 installations including three monuments, the Government-owned lots in the Congressional Ceme- tery, seven Confederate cemeteries and plots, 21 soldiers' lots, and 84 national cemeteries in 32 States, Puerto Rico, and, the District of Columbia. In addition, there are 14 national cemeteries administered by the Secretary of the Interior. Of the 98 national cemeteries, 47 are generally inactive. A study of the history of development clearly demonstrates that the size and distribution of the national cemeteries have been the result of historic accident rather than preplanned growth. Similarly, eligibility for burial has grown without regard to capac- ity to prov~ide burial space. Originally, eligibility was limited to com- bat decedents. This simple earI~~ policy has been expanded over the years and now includes all persons having service in the Armed `Forces, their spouses. minor clilidren, and certain other categories. It is now conservatively estimated that in excess of 50 million persons are eligible under the law for burial in national cemeteries. PAGENO="0093" 89 From the beginning, opportunity for burial in national cemeteries has been a haphazard one. Most of the installations are found at loca- tions where there were Civil War battlegrounds, hospitals, and prison camps. Decedents are usually buried close to places where they lived and where their families continue to live. When it is considered that there are no national cemeteries near such population centers as Boston, Chicago, Cleveland, Dallas, Detroit, Miami, and numerous others, the burial entitlement has in effect turned on the accident of geography, and the privilege has never been reasonably available to all or even a mai ority of those whose service grants them an eligibility status. The national cemetery system has been a responsibility of the De- partment of the Army since 1862. The system is operated by the Memorial Division of the Office of the Chief of Support Services, Headquarters, Department of the Army. Field operations within the 48 contiguous United States and Puerto Rico are managed by three regional supervising offices located in Philadelphia, Atlanta, and Lathrop, Calif., and by the military district of Washington. In Alaska and Hawaii, the field management is the responsibility of the local Army commands. The funds for the operation and maintenance of the national ceme- tery system are provided for in the annual appropriation act which covers civil functions for the Department of the Army. In fiscal year 1972, $24,024,000 are available to the Army for expenditure. These funds have been programed as follows: $3,273,000 for construction projects, $7,718,000 for headstone procurement, $11,289,000 for op- eration and maintenance, and $1,744,000 for administration. At this point, I should state that in addition to marking the graves in the national cemeteries, the law requires that the Secretary of the Army furnish gravemarkers to mark the unmarked graves of active duty and veteran personnel in private cemeteries. In fiscal year 1972, we will procure 210,000 markers at an average cost of $30. Of this total, about 80 percent will be supplied for placement in private cemeteries. With respect to the proposal before your committee to establish a national cemetery system within the Veterans' Administration, as Secretary Froehlke informed you in his letter of February 14, 1972, the Department of Defense supports 5. 2052 with the addition of a minor language change to avoid any confusion concerning the reten- tion of full authority over Arlington National Cemetery in the Secre- tary of the Army. The Department of the Army is proud of its 110-year trusteeship of the national cemetery system. However, a transfer of the Army system to the Veterans' Administration for consolidation with the cemeteries operated by that agency appears to be a reasonable course of action. Over 90 percent of the burials in national cemeteries are of veterans and their dependents. The Veterans' Administration, with its orientation directed in the main to the veteran and his family, can be expected to be particularly responsive to the burial requirements for veterans. And, Mr. Chairman, we are confident that the Veterans' Administration will do an excellent job of operating the proposed new national cemetery system and will provide for the needs of the families of those who die on active duty and are buried in these cemeteries. PAGENO="0094" 90 S. 2052 requires the Administrator of Veteran's Affairs to conduct a study of the criteria which would govern the future of the national cemetery system and the relationship of that system to other Govern- ment burial benefits. This is urgently needed and will provide a basis for consideration of a proper mixture between the need to supply Federal burial grounds and monetary allowances to balance the in- equities now apparent. S. 2052 exempts from transfer to the Veterans' Administration the cemetery at the U.S. Soldiers' Home, here in the District of Columbia. While this cemetery is designated as a national cemetery, its use is limited to interments of residents of the home. Its continued operation as an Army installation is considered imperative. The bill also excludes from transfer, Arlington National Cemetery, which I will discuss in a moment. The bill would also exclude the three post cemeteries op- erated by the three service Academies at West Point, Annapolis, and Colorado Springs. The other post cemeteries operated by the three serv- ices-28 Army, 22 Navy, and eight Air Force-would under the bill be transferred to the Veterans' Administration only if the President de- termines that such transfer would be appropriate. Also subject to transfer, upon the direction of the President, would be the 32 miscel- laneous cemeteries, plots, and monuments now administered by the Army as part of the national cemetery system. The bill would also transfer to the Veterans' Administration the responsibility for supply- ing gravemarkers. 5. 2052 also excludes from transfer to the Veterans' Administration Arlington National Cemetery. Since the 90th Congress, when the pro- posal to transfer the national cemetery system began to gain momen- tum, it has been considered judgment of those working on the problem that Arlington National Cemetery should remain a responsibility of the Army so that the ceremonial military support required for this particular cemetery to function, both as a military shrine and active burial ground, would remain under one umbrella-not a divided re- sponsibility between two departments. Also of consideration is the fact that at Arlington. the Army is at present implementing its master plan for Arlington which is in essence a program to develop the new areas of Arlington consistent with the character of the older sections and to develop the structure of the cemetery in a manner that will insure its continued existence as a national shrine and a place of pilgrimage. Since the approval of the Army's master plan for Arlington in 1966, Congress has appropriated $8,760,000 for its implementation. For the convenience of the members of the committee and your staff, I have brought with me copies of our plan for the development of Arlington. Included at the back of that document is a statement of the status of the plan as of January 1972. Colonel Corrado advises me that his staff would welcome the opportunity to provide your commit- tee or your staff with an indepth briefing on the Arlington master plan at anytime it would be convenient. Mr. Chairman, before I close, I would like to say a word with regard to the several bills, besides, 5. 2052, which are before your committee and would call for the establishment of individual national cemeteries in particular States. The position of the Army, on behalf of the De- partment of Defense, on these bills is one of opposition. We much pre- fer the approach of 5. 2052 to any piecemeal attempt at solutions. PAGENO="0095" 91 Mr. Chairman, you have also asked what has been the Army's ex- perience concerning any deceptive or misleading private cemetery prac- tices specifically aimed at the veteran population. Our experience in this regard has been limited, but we have from time to time received inquiries concerning advertisements for veteran's plots in private cem- eteries. None of the material reviewed by our people has contained any misstatements concerning the National Cemetery System. We have pointed out to the persons making such inquiries that the programs ad- vertising for "veterans' plots" have no connection with the National Cemetery System and are not Government sponsored. We have been careful to avoid making any judgments concerning the reputation of the advertisers or the propriety of their business methods, suggesting merely that inquiries in these :regards ought to be addressed to local authorities or agencies such as the better business bureaus. Mr. Chairman, that concludes my prepared statement. I have wel- comed the opportunity to appear before your committee, and I shall be happy to answer any questions you may have. Senator THTJRMOND. We appreciate your testimony. Mr. Ford, and I have some questions I would like to ask. Will you please tell the committee how many veterans will be buried in national cemeteries this year and what relationship this bears to the total number of veteran deaths during the same period. Mr. Foiw. We estimate, sir, that there will be about 25,000 veterans interred this corning year, or about 8 percent of the estimated 326,000 veteran deaths. Senator THURMOND. Let me get this figure again. How many veterans will be buried in national cemeteries this year, what is the figure? Mr. Foiw. 25,000. Senator THURMOND. And what relationship does this bear to the total number of veteran deaths during the same period? Mr. F0RD.Roughly 8 percent. Senator THURMOND. During this past year, what percentage of burials in national cemeteries were active duty servicemen? Mr. Foim. About 3 percent Of that number, sir. Senator THURMOND. How many developed and undeveloped plots are available for future burials in national cemeteries? Mr. Foim. Developed plots at this time, sir, are roughly 250,000 available sites, and total developed and undeveloped are approximately 1 million. Senator THURMOND. Are there that many plots available? Mr. Foiw. Yes, sir. Senator THURMOND. At the present interment rate, when do you esti- mate that these plots will be exhausted? Mr. Foiw. Assuming that there is no change in the current eligibil- ity requirement for interment in a national cemetery and that all other factors pertaining to burial customs and the utilization of exist- ing land areas within our national cemeteries remain unchanged, all the available graves in all but 14 DA national cemeteries will be ex- hausted by the year 2000. These 14 cemeteries are principally located in areas where the veteran population is sparse and where we do now have a sizable amount of undeveloped acreage. It would be difficult to project the closeout date for these 14 cemeteries beyond the year 2000 as we do not have available death rate statistics beyond that year. PAGENO="0096" 92 Senator THUBMOND. If all eligible veterans within 50 miles of a na- tional cemetery having available space were buried there, how soon would it be before they would be filled to capacity? Mr. FORD. Sir, we don't have a good answer to that question at this time. Could we furnish more detailed information for the record on that? Senator THURMOND. I would appreciate it if you would. Mr. Foiw. Yes. (Subsequently, the Department of the Army furnished the follow- ing information:) A study of several of the most active cemeteries indicates that approximately 50 percent of the veterans within 50 miles of a national cemetery choose burial in the national cemetery. Should every veteran within 50 miles of a national cemetery be buried therein, grave space would be utilized at twice the rate. Based on this accelerated rate the space in all cemeteries would be utilized prior to year 2000. Senator THURMOND. Under my bill, 5. 2052, the Army would retain jurisdiction over certain post cemeteries, the Soldiers' Home, and Arlington National Cemetery. How many unused plots, developed and undeveloped, would the Department of the Army retain under this bill? Mr. FORD. There again, sir, we don't have with us statistical data for cemeteries other than Arlington. We do have a fairly good figure for Arlington which would be at the present time roughly 20,000 de- veloped and undeveloped sites. With the further phaseout of the South Post of Fort Myer, there would be an additional 60,000 sites made available, bringing this to a total of 80,000 sites. Senator THURMOND. Would you repeat that, 60- Mr. Foim. That is 60,000 from the further phaseout of the South Post of Fort Myer. Senator THURMOND. What would be your projected annual main- tenance costs for those cemeteries for which the Department of the Army would retain jurisdiction? Mr. FORD. Could I ask Mr. Noll to answer that question? Mr. NOLL. We estimate the maintenance cost at those installations to be approximately $2'/2 million. The lion's share of that to be in the direction of Arlington. Senator THURMOND. I noticed in your testimony you indicate that in this fiscal year the Army will procure some 210,000 cemetery markers of which 80 percent will be supplied for placement in private cemeteries. How does this compare with the total number of veteran deaths projected for this year? Mr. Foiw. The 210,000 markers represent about two-thirds of the veterans deaths. Senator THURMOND. What procedure, if any, is used to inform veterans or their families of their entitlement to these markers? Mr. NOLL. There is a broad and general distribution, Mr. Chairman, to a great extent all national cemeteries, most funeral homes, funeral directors, organizations, veterans service organizations, and so forth. So one may conclude that the availability of the application for a headstone or marker to a veteran or his dependents certainly is widely known. Senator THURMOND. I believe those cost about $30 apiece? Mr. NOLL. Yes, sir. PAGENO="0097" Senator THURMOND. Suppose a family erected their own marker, are you allowed to pay them $30 to assist? Mr. NOLL. There is no authorization in the present law which would permit the Army to offer a monetary allowance in lieu of the headstone. Senator THURMOND. They either take your marker or don't get. assistance? Mr. NOLL. Correct, sir. Senator THURMOND. I know that the Department of Defense pro- vides for burial entitlement for servicemen who die while on active duty and that this rate varies depending on whether a veteran is to be buried in a national cemetery or a private cemetery. Would you please tell us in each instance what those rates are and when they were last revised? Mr. NOLL. There are three general categories of the interment allow- ance authorized over and above costs incurred for care of remains either by the Army or the next of kin. These allowances for active duty deceased personnel are dependent on the selection made by the next of kin. First is a maximum allowance of $75 to help pay for inci- dental costs of interment when the remains are shipped directly to a post or national cemetery. The second category is a maximum allowance of $375 to cover in- terment expenses when the remains are shipped to a funeral home prior to bui'ial in a post or national cemetery; and third, a maximum allowance of $625 for interment expenses when burial is made in a private or civilian cemetery. Now, this allowance is updated annually and was last done in July of 1971. Senator THURMOND. Do they escalate with the cost of living? Mr. NOLL. We run surveys together with the Departments of the Air Force and Navy and accumulate funeral cost data based on claims submitted, and additionally we draw heavily from such organizations as the National Funeral Directors Association and the Department of Labor to supply us with accurate statistical detail on funeral costs on a geographical basis across the country. Using our own experiences plus the sum of their experiences, we then come up with this allowance. Senator THURM0ND. Has the additional sum which is provided for purchase of a private plot proved to cover the actual costs in most cases? Mr. N0LL. Yes, Mr. Chairman. In our opinion it does. Senator THURMOND. Would you briefly outline to the committee what the present eligibility requirements are for burial in Arlington National Cemetery, and how many developed and undeveloped ceme- tery plots still remain for burial? I believe you furnished the last part of that, the number of de- veloped and undeveloped plots. If you want to furnish this informa- tion for the record- Mr. Forw. It is a little long in detail. We could briefly summarize it for you and then furnish it for the record. Senator THtTRMOND. All right. Will you briefly summarize it and supply detailed information for the record? Mr. Forw. Well, a person to be eligible for burial in Arlington would have to be otherwise eligible for burial in a national cemetery by virtue of a military service. 85-382 0 - 73 - 7 PAGENO="0098" 94 In general terms, the people who are eligible are persons dying on active duty in the armed services, retired members of the services who have performed active Federal service, recipients of the Medal of Honor, persons otherwise eligible for reasons of military service who have held elective office in the Government of the United States, served on the Supreme Court. (Subsequently, the Department of the Army furnished the follow- ing information:) ELIGmIrrr~y FOB BURIAL, ARLINGTON NATIONAL CEMETERY Burials in Arlington National Cemetery are limited to the persons listed below, if they are otherwise eligible under the provisions of the act of 14 May 1948 (62 Stat. 234), as amended by the act of 14 September 1959 (73 Stat. 547; 24 USC 281). a. Person dying on active duty in the Armed Forces. b. Retired members of the Army, Navy, Air Force, Marine Corps, or Coast Guard who have performed active Federal service, are carried on official service retired lists, and are eligible to receive compensation stemming from service in the Armed Forces. c. Recipients of the Medal of Honor. d. Persons otherwise eligible by reason of honorable military service who have also held elective office in the U.S. Government or served on the Supreme Court or in the Cabinet or in an office compensated at Level II under the Executive Salary Act or as a Chief of a Class 1 mission. (See 5, USC 5313, 5312 and 22 USC 866.) e. The spouses, minor children, and unmarried adult children dependent be- cause of physical or mental conditions of the persons listed in a through d above and of persons already buried in Arlington. Senator TH1IRMOND. It has to be a veteran in all cases? Mr. Foiw. Yes. Senator Ti uiu~ro~r. This is an additional requirement? Mr. Foiw. Yes, sir. And, of course, the spouses and minor children and dependent adult children are also eligible. Senator THtTRMOND. There is no way spouses and minor children could be buried beside veterans in the cemetery. They don't reserve any plots for them; do they? Mr. Foim. They don't reserve them in advance. Do you care to com- ment, Mr. Noll? Mr. N0LL. Mr. Chairman, there is never a reservation made in ad- vance in any national cemetery. There exists, of course, in all national cemeteries, except Arlington, the right for a veteran to bury a depend- ent wife or minor child. Senator TmmMoNr. Somewhere in the cemetery? Mr. NOLL. Yes, sir. Senator THtTRMOND. But they are not allowed to bury them beside him? Mr. N0LL. No, sir. Since 1961 when we ran surveys and tests at Arlington, we adopted systemwide what we call a single gravesite family plan. This means a family unit is assigned a single grave plot. The first interment is made at the 7-foot level and the second following on top. We can, when necessary. place two side by side at the 7-foot level. This system has posed no j~roblem for the veteran and his dependents in our cemetery system. Senator Ti mu%roNr. All right. PAGENO="0099" 9L5 How many burials were there in Arlington last year, and what percentage did they constitute of the total burials in national ceme- teries, if you have that information? If you don't have that just supply it for the record. Mr. NoLI~. Yes, sir. Senator THtTRMOND. Mr. Ford, I want to thank you and Mr. Noll for your appearance here this morning and we appreciate your testimony. Mr. Fom. Thank you very much, sir. Mr. NOLL. Thank you very much. (The previously mentioned background material concerning the national cemetery system (exhibit A) and the plan for the develop- ment of Arlington National Cemetery (exhibit B) follow:) (Subsequently, the Department of the Army furnished the follow- ing information:) In fiscal year 1971 there were 2,647 interments in Arlington National Cemetery. This represents 7 percent of the. total burials in national cemeteries. PAGENO="0100" PAGENO="0101" EXHIBIT A BACKGROUND ~ATERII AL CO~GER~MG THE ~ATIIOINIAL CEMETERY SYSTEM DEPARTMENT O~ THE ARMY SU~MDTTED TO THE COMMOTTEE ON VETERAN~S MTAORS UNOTED STATES SENATE ~E!RUARY ~1972 (07) PAGENO="0102" PAGENO="0103" A. HISTORY (99) PAGENO="0104" PAGENO="0105" BACKGROUND MATERIAL CONCERNING THE NATIONAL CEMETERY SYSTEM DEPARTMENT OF THE ARMY A. History of the Development of the National Cemetery System 1. From 1861 to 1950 2. From 1950 to 1972 3. Chronology of Eligibility for Burial in National Cemeteries B. Location of Facilities 1. Listing by State (Active and Inactive) 2. Map C. Statistical Data Concerning the National Cemeteries Under the Jurisdiction of the Department of the Army 1. Date of Establishment, Acreage and Interment 2. National Cemetery Activity for FT 1971 3. Classification of Interment in National Cemeteries 4. Active Duty Burials 1955 - 1971 5. Interment, Gravesite and Acreage Data D. Army Regulations (AR) 290-5, National Cemeteries E. Headstone Program 1. Procurement Statistics FT 1971 2. Application Form (101) PAGENO="0106" 102 HISTORY OF THE DEVELOPMENT OF THE NATIONAL CEMETERY SYSTEM TABS: A-i. From 1861 - 1950 A-2. From 1950 - 1972 A-3. Chronology of Eligibility for Burial in National Cemeteries PAGENO="0107" A-i (103) PAGENO="0108" PAGENO="0109" SHRI NES OF THE HONORED DEAD A Study of the National Cemetery System DEPARTMENT OF THE ARMY OFFICE OF THE QUARTERMASTER GENERAL (105) PAGENO="0110" 106 CONTENTS Tmo 0R~GIFS OF THE NATIONAL CEMETERY SYSTEM * 1 EARLY GROWTH OF THE NAIl ORAL CEMETERY SYSTEM 7 EVOLUTION OF THE NATIONAL CEMETERY SYSTEM, 1865 1880 12 EXPANSION OF THE NATIONAL CEMETERY SYSTEM, 1880 - 1900 17 NATIONAL CEMETERIES AND rtMORIALS IN GLoBAL CONFLICT 23 NATIONAL CEMETERIES AND PUBLIC POLICY .. 28 THIS BROCHURE CONSISTS OF A SERIES OF SIX ARTICLES WRITTER BY 1~. EDWARD STEERE, HISTORIAN, OFFICE OF THE QUARTERMASTER GENERAL. THESE ARTICLES APPEARED IN `THE QUARTERMASTER REVIEW,' OFFICIAL PUBLICATION OF THE QUAR.. TERMASTER ASSOCIATION, DURING 1953 AND 1954, AND ARE REV- PRODUCED WITH THE PERMISSION OF THE QUARTERMASTER REVIEW. PAGENO="0111" 107 Origins of the Nat~onaI Cemetery System * * * * * * * * * * * * * * * * * * *.* * * * * * * * * * * * * By EDWARD STEERE A RAPID survey of funerary cult through the ages reveals a universal desire to confer special honors on the warrior dead. Despotic and democratic states alike have sedulously cultivated this urge, one seek. ing enhancement of its glory and prestige in the eyes of its subjects, the othgr endeavoring to deepen a sense of devotion to the commonwealth in the hearts and minds of its citizens. The custom of autocratic Sparta requiring that every hoplite returning from battle bear his shield. or be carried home upon it, indicates the existence of a purposeful burial policy, along with stringent. regu- lations governing the accountability of military prop- erty. Again, the cemetery of the Hotel des Invalides. where the bones of Napoleon Bonaparte are entombed with those of many martial heroes of the French monarchy, attests that authoritarian states have not been remiss in honoring the mensory of great captains who die in their service. The democracies of ancient and modern times have accorded similar honors with greater elaboration of method and deeper expression of feeling. Thucyclitles. I ~ the Athenian general and military historian, has de. scribed, in a celebrated passage, the funeral ceremony of 436 B.C., when the dead of the first year of the Peloponnesian War were returned to Athens and buried in the state cemetery. The bones of the de. ceased, he relates, were borne in cypress coffins, one for each tribe. Accompanying the cortege was an empty bier "decked for the missing, that is for those whose bodies could not be recovered." The dead were then laid to rest in the public sepulcher, which, according to Thucydides, was situ- ated in the most beautiful suburb of the city and in which all who fall in battle were buried, "with the exception of those slain at Marathon, who for their singular and extraordinary heroism were interred on the spot where they fell." In accordance with long- established customs, a man chosen by the state pro- nounced an appropriate panegyric. On this occasion Pericles delivered his immortal funeral oration. It ik a melancholy fact of history that only within recent times has a modern democratic state attempted to emulate the Athenians in the homage they paid their warrior dead. On 17 July 1862 the Congress of the United States enacted legislation which authorized the President "to purchase cemetery grounds - . - to be used as a National Cemetery for soldiers who shall have died in the service of the country." Following hostilities with Spain in 1898, recognition was given in an appropriation for necessary funds to the obligation of recovering the remains of those who fell in war beyond the seas and returning them to the homeland. Again, in providing suitable burial places for those servicemen of World War I whose next of kin desired that they rest at the place of death, the United States government subscribed to a principle identical to the one recognized by Athens PAGENO="0112" 1\) d ~ ~ ~- ~ 00 ~ -; ~ ~ ~*> ~ ~ ~ ~ ~i(0 ~ ~ ~ 19 * ~ 2~2~ ~ ~fp' j L I PAGENO="0113" 109 was primarily concerned with performing the func- tions of a frontier constabulary rather than those of a national army. Small detachments were distributed among numerous stations in Indian borderlands- Forts Crawford, Snelling, and Winnebago among others in the old northwest, Smith and Gibson in the trans-Mississippi southwest, and Fort Leavenworth on the lower reaches of the Missouri River. Far removed by distance and hazards of travel from population centers in the East, garrison commanders were compelled to bury their dead in cemetery plots marked off within the post reservations Order books kept at these remote stations indicate that mortuary standards corresponded favorably with those main. tamed by civil communities of the expanding frontier. While it is difficult to derive precise conclusions in any particular situation, three general practices emerge as the frontier moved westward with its mili- tary posts and burial grounds. First, Quartermaster officers, acting in accordance with their responsibility for construction, repair, and ~uaintenance at army installations, took over the man- agement of post burial grounds. Second, the custom- ary method of marking graves in frontier communities -a headstone fashioned of hard wood and bearing a suitable inscription-came into general usage. Third, surviving copies of old post cemetery registers, many of which are now preserved in the National Archives at Washington, indicate the existence of a fairly uni- forn~ system of recording burials, including, in some instances, the notation of assigned grave numbers in plots and name lists corresponding to those inscribed on headboards. The cerenionial aspects of military burial were not neglected. The Fort Winnebago Order Book of 1835 contains directions for the ceremonies attending inter- ment of Major Nathan Clark. Announcing that "he will be buried - . . with the honors of war where all present - . . will appear under arms in full uniform," the order further specified that the escort would be composed of four companies and that "all officers of the command will wear black crepe attached to the hilts of their swords, and as a testimony of respect for the deceased, this badge will be worn for the period of thirty days." A more intimate and poignant touch is given in the memoirs of Major Clark's daughter, Charlotte Ouisconsin Clark Van Cleve: Memory brings back to me that mournful afternoon, and I see the bearers with their burden; the long processio~s of soldiers with trailed arms; the commissioned officers each in his appropriate place; all keeping time and step to the muffled drum as it rolls out its requiem in the wintry air in the strains of Pleyel's heart-melting hymn; the weeping wife and children in the large sleigh-all passing out the great gate to the lone grave-yard. While adequate to the needs of frontier posts, this system afforded little practical experience that might be useful in the recovery, identification, and burial of bodies under conditions of large-scale warfare. Its limitations were fully disclosed during the clash of arms with Mexico, which then ranked among world powers in the extent of its territory. Aside from a partisan force which seized California. three sizable expeditionary forces carried the offensive against Mexico. One, with Phil Kearny in command, marched overland from Fort Leavenworth to Santa Fe. Another, under Zachary Taylor, crossed the Rio Grande and pushed down the Gulf Coast to Tampico. The principal force, commanded by Winficld Scott. landed at Vera Cruz and fought its way along the path of advance taken by Cortez to Mexico City. Achievements of these columns in field service graves registration left much to be desired. A Quar- termaster officer reports that General Kearny `s route of march to Santa Fe was strewn with $5,000,000's worth of government property. "The bones of cattle," h~ relates, "and in many places the drivers lie side by side-a melancholy result brought on alone by inexperience." The record of General Taylor's column was scarcely more creditable. Taylor states that the dead of Buena Vista, his most celebrated action, were collected and buried on the battlefield, lie neglected, however, to mark the spot on the map accompanying his report of operations. When occasion arose half a century later, in coniseetion with proposals of the Mexican Government to erect a monument in memory of the soldiers of both nations who gave their lives on this field, the War Department confessed that it had no record of the burial site. General Scott's command offered some improvement in graves registration methods. Remains of these who fell in the advance to the Mexican capital were in- terred in battlefield graves, and sense attempt appears to have been made to record the sites. When, how- ever, an effort was made to concentrate these remains in the American cemetery established at Mexico City, only 750 could be found. Those recovered were re- interred at the foot of the monument that now coni- memorates their fame. All are unknown. The war of 1846-47 nevertheless marks an important advance in American burial policy. Action of the Congress in 1850 for establishment of the Mexico City cemetery as a final resting place for those who "fell in battle or died in and around the said city" fur- nished a precedent for the creation of permanent mili- tary cemeteries beyond the seas over a decade be- fore legislative provision was made for a national cemeterial system in the homeland. Following hostilities with Mexico the Army resumed its function of policing the frontier now advanced to the Pacific Ocean. New posts with their cemetery plots were established at sites which, in some cases, had been occupied by the Spaniards since before the founding of the Republic. Such are the Presidio of San Francisco, the Presidio of Monterey, and old Fort Tejon, guarding the mountain pass which enters upon the plain of Southern California. 3 s5-3s2 0 - 73 - PAGENO="0114" 110 At the outbreak of hostilities on the North Ameri- can continent in 1861 neither the North nor the South had large military establishments based on universal conscription and large stores of readily available equipment. The governnsents of both sections never- theless set themselves to the task of organizing their potentials of manpower and raw materials on a scale of unprecedented magnitude. Both created great na- tional armies. Although thc Southern Confecteracy perished in its attempt to achieve the status of a sovereign state, the renown of its arms was celebrated in Europe and came to be regarded by all Americans as an imperishable part of the national tradition. The gigantic task assumed by the Federal Union in gearing the enel-gies of the North to a struggle in which there could be no compromise of principle or limitation of nsilitary objectives was appreciated by President Lincoln and tsis General in Chief. Win- field Scott. While yet untutored in the fundamentals of military strategy, the President possessed an in- stinctive grasp of those aspects of armed conflict that are now assigned to the specialized field of psyrisologi- cal warfare. lie recognized from the start that con- trol over the state of mind both of troops with the colors and of the masses of the civil population be- hind the line-- that is. the question of national morale -was a prime consideration of wartime statesmanship. There is no positive evidence that either the Presi- dent or the General in Ctsief were directly responsible for issuance of orders which revolutionized Army burial practices. Whatever the explanation. the revo- lution came with the birth of the national Army. Just as the Athenian democracy had appreciated the benefits of paying signal honors to its citizen soldiers who fell in battle. so now- the United States felt com- pelled to afford a decent burial to those who gave their lives in defense of the Republic. This purpose found official expression within two months after the first major action at Bull Run. On 11 September 1861 the War Department di- rected, in General Orders No. 75. that commanding officers of military corps and departments w-ere re- sponsible for the burial of any officer or soldier who died within their jurisdiction, and that in the per- formance of this duty they would cause the regu- lations and forms provided by Tue Quartermaster General to be properly executed. The same directive specified that: For the purpose of preserving accurate and permanent records of deceased soldiers and their place of buriai, it is hereby ordered that the Quartermaster-General of the `U. S. Army shall cause to be printed, and to be placed in every general and post hospital of the Arn:y, blank books and forms corresponding w-ith the accompanying duplicate forms for preserving said records. The Quartermaster will also provide proper means for a registered headboard, to he secured at the head of each soldier's grave, as directed in the following special order to commanding officers in reference to the interment of deceased soldiers. It is also ordered that any adjutant or acting adjutant tsr commander) of a military post or company, immediate- ly upon the reception of a copy of any mortuary record from a military company, shall transmit the same to the Adjutant-General at Washington. In short, burial of the dead became a command responsibility of tactical officers, while The Quarter- master General assunied a staff function in connection with the operation. Delegation of this function to The Q uartermmaaster General came, no doubt, in consequence of a long association of his Department with the operation of l)ost cenaeteries. It also seenas reasonable to as~mmme that the specified forms and blank books mentioned in the order were a product of the cx- pci-ienre in record-keeping at the larger post ceme- teries. while use of a headboard as a grave marker was borrowed directly from the old systeni. It soon became obvious that the founders of the mass' burial policy had ignored an all-important aspect of their pm-obhem. The oversight was but one of many blunders made in the turmoil of an unplanned na- tional mobilization. No provision was made for the acquisition of burial lands. Some measure of justifi- eatiomi may be found for this oversight in the, fact that a wasteful use of land was the only extravagance that the old Army of frontier days might indulge. `Whatever the explanation, a shocking state of af- fairs at large troop concentration centers called at- tentioms to the problem and demanded a solution. Partial expedients w-ere sought by acquiring soldiers' plots in cemeteries near large general hospitals, where a far greater number of men were destined to die than fell on the battlefield. Many cemeterial as- sociations, it should be noted, performed a patriotic service by donating plots for Army burials. Wherever Army posts, such as Fort Leavenw-orth, w-ere used as concentration poimats. the existing cemetery met im- mediate needs. The problem in `Washington, D. C,, which became the base and training area of the Army of the Potomac, was temporarily solved by opening a cemetery on the grounds of Soldiers' Home. A permanent solution w-as given some ten months later by the Congress. On 17 July 1862 legislative action authorized the acquisition, by executive action, of lands for cemeterial purposes. Meantime, conditions in the expanding battle zone. which extended its front of deployment from the estuary of the Potomac to the upper valley of time Rio This is the first of a series of six articles on na- lio,zal cemeteries which will appear in successive issues of the REVIEw. After tracing the origins of the system, the series trill discuss the development of dif- ferent types mcithin the system and its adaptation follomrmng the ll'ar between the States to the burial re- qsire,senta of a world pourer. 4 PAGENO="0115" 111 Grande, revealed other deficiencies in the burial regu. lations of 11 September 1861. As already noted, they were framed without regard to the fact that an orderly development required a cemeterial system. While acquisition of burial lands in the battle zone presented no particular* difficulty, field commanders inclined toward an opinion that the new regulations were intended to apply in that part of the total area of military operations which are now regarded as com- munications zones and the zone of the interior. The distinction was not so obvious during the War of Secession. The various military departments into which the national territory was divided corresponded to theater commands of the present day. Generally speaking. these commands enjoyed the same degree of autonomy now assigned the operational theaters. They included, however, rear area installations which were grouped during World War II in independent service commands. Commanding generals of military departments whose territorial jurisdiction extended to the battle front usually assumed personal direc- tion of tactical operations, while continuing to ad- minister the affairs of departmental installations through subordinate staff officers. Only one field force, the Army of the Potomac, was completely divorced from the departmental command and ad. ministrative system. Equally vague was the distinction betweeq arms and services. Quartermaster service units were non- existent. Just as the implementation of General Orders No. 75, 1861, was contingent upon the estab- lishment of national cemeteries, so an effective ex- tension of these orders to the battle zone depended upon the creation of a service especially designed for the evacuation, identification, and burial of the dead under combat conditions. On 3 April 1862 the War Department attempted, in Section II of General Orders No. 33, to include the zone of activehostilities in the new burial program. Commanding generals in the field were now as- signed responsibilities which could only be performed through the agency of a theater graves registration service: In order to secure, as far as possible, the decent interment of those who have fallen, or may fall, in battle, it is made the duty of Commanding Generals. to lay off lots of ground in some suitable spot near every battlefield, so soon as it isay be in their power, dnd to cause the remains of those killed to he interred, with headboards to tise graves bearing numbers, and when practicable, tise names of the persons buried in them. A register of each burial ground will be preserved, in which will be noted tlse marks corresponding with the headboards. TJse of the qualifying phrases "as far as possible" and "when practicable" deprived this directive of tise force of command. Identification of remains could be construed as optional. The directive was scarcely more than an official exhortation to army commanders to do 5 better by their dead than had Winfield Scott on the road to Mexico City and Zachary Taylor at Buena Vista. Yet despite the failure to provide if specialized organization, considerable progress was made in the practice of battlefield burial. This improvement may be attributed to the fact that the great body of citizen soldiers shared much of the sentiment manifested by civilians at home. Units were recruited on *a local basis. They retained the home tie in their regimental designation and by the method of replacement, hou-- ever faulty in other respects. There are many instances of earnest endeavor on the part of combat troops to realiz~ the ideal of individual identification and burial in a registered grave. One example deserves mention. During the Mine Run operation of 1863, the Army of the Potomac, deployed before Lee's field works and Meade's V Corps, was designated to open the attack. Aware of the bloody task before them, soldiers of the assault force carefully examined their equipment and then wrote their names on slips of paper and pinned them to their blouses. Happily for those immediately con- cerned, this early experiment in graves registration technique was interrupted by cancellation of the order of attack. General Orders Nos. 75, 1861, and 33, 1862, pro- viding for improved burial procedures in rear areas and on the battle line, together with legislative au- thorization for the purchase of land for cemeterial p~urposes, constitute the foundation stones on which the national system has been erected. Pursuant to the Act of 17 July 1862, fourteen national cemeteries were created in the latter half of that year. The selection of sites reflects the conditions they were intended, to relieve. One cemetery was estab- lished at Alexandria, Virginia, which was included in the vast encampment surrounding the national capital. Having been filled to capacity, the cemetery at Soldiers' Home was made a national cemetery for purposes of administration. Two old post cemeteries, one at Fort Leavenworth, the other at Fort Scott, were incorporated in the new system. Seven national ceine- teries were established at troop concentration points, including Philadelphia; New Albany, Indiana; Dan- yule, Kentucky; and Annapolis, Maryland.. One was opened at Cypress Hills, New York, for burial of the remains of Confederate prisoners and guards who perished in a train wreck. A unique feature of the prog~ram was the decision to transform the burial sites on battlefields of the sync into national cemeteries. One was established near Sharpsburg, Maryland, as a memorial to the dead who fell in the Battle of Antietam. Another was located on the battlefield at Mill Springs, Kentucky. The cemeteries thus created included practically every type of burial place to be embraced in the national system for years to come. Among the eight cemeteries created in 1863 was the PAGENO="0116" 112 nile Cot ihi stied oil I he hat litield of ( ettvsburi.r. `liii dedie~it oil reiininii ice' OVele sienalized h~ Pree'idsnt lii ((1 In i 0(1(1 roe'. Lincoln s uttcrance on this ni- anion t ransnnds WV Iimjtd purpose. Like the fii- neral rat ion f Periclcn his words arc immortal h- canoe the~- are t weiss separated by two millennia. these rinniny appeals sound the sante note-renewal of st ren~t ii for the livin~ thronah solemn dcdicat ion to the unfinished work for which the honored dead laid down their liVes. * lhitzlegrois:id .`iatisnul Cuozer. Iralzin0znn. fl C. Mr. Steers serred with the Royal Canadian Horse Artillery, BEF France, during World War 1. A (Icr gradual: rorl in histon, at the Unirerszties of Texas and California he spent sereral years with the His- toric (its B ron, 1,. ?iatjonal Part Serrice, special' icing in the A Or roan Ciril lVar He has written a historu of `The Grares Registration Serrice in World War II' for the QMC Historical Studies series. 6 PAGENO="0117" System By EDWARD STEERE CONGRESS lnovi(led the legal sanction for creation of a national eemeterial system by authorizing President Lincoln in the Act of July 17, 1862. ``to purchase cemetery grounds to be used as a national cemetery for soldiers who shall have died in the service of the country.'' In accordance with a somewhat loose interpretation of the terni employed by Congress, sonic 27 burial plies bore the designatiocs of National Cemetery by the end of 1864. The number reached 73 during 1871), when a reburial program pursued throutch the post-war years was brought to completion. Like many legislative grants for the exereis~ of Presidential authority, this act left the formulation of policies and procedures to the executive until expan- sion of the activity re(luired additional legislaeion. But joint action by the executive and legislative branches on eemeterial matters was influenced by practical con- siderations which govercied burial operations during the period of hostilities. Then other complications arose during the l)ost-svai years of 1865-70, when offi_ ceis of the Quartermaster 1)epartnient were assigned responsibility for concentrating from isolated graves and untended battlefield l)urials the remains of Union soldiers in national cemeteries established from time to time foi- this pitt-pose. Any understanding of the system involves some study of the diverse methods by which the 73 national cemeteries came into existence during the two periods. Wartime national cemeteries fall iiìto two general categories. The first includes burial grounds opened at troop eoneentratiois points, where mortalities in gen- ct-al hospitals first posed the problem of military burial. The second category embraces a numbei~ of cemeteries established in the eociibat zone as memo- rials to those who gave their lives in battle. It is diffi- cult, hosvever, to select any cemetery in either category that fully typifies the group and at the same time conforms to requirements of the Act of July 17. 1862. The Soldiers' Ilome National Cemetery, D. C.. illus- Servey party mapping Arlington estate for layout of cemetery. trates this want of uniformity. In 1861 the Board of (lovernors agreed to permit usage for cemeterial pin- fiO5~5 of a portioii of the land originally assigned to its jurisdiction lit 1851. A cemetery was opened on August 1, 1861, nearly a year before enactment of the legislation authorizing President Lincoln to 1urcha-se burial grounds. Since ito compensation has ever been made to the governing board of this institution foc the cisc of its laud, the cemetery site first occupied in 1861 still belongs to lIce Soldiers' home. Anothec variation is presented by the Alexandria National Cemetery. Virginia. Established iii 1862 to secve the same l)li~h)O5~ as the one at Soldiers' ihonie. the original plot of 5.5 acres was used under terms of a lease. A clear title was acquired in 1865 and 1875 h)y purchase front iisdividual owners and the city of Alexandria. Additional parcels of land wet-c bought in 1870 and 1882. Arlington National Cecnetecy appears at flu-st glance to occupy an extraordicuary position in the cecuieterial system. It seems doubtful, howevec. if consi(leration of the facts attending its establishment and develop- ment supports any assuuusption that this buc-ial lilac may be regarded as the Valhalla of Amerieauu military heroes. While liarbocing the Tomb of the Ilcukuuown Soldier acid this gras-cs of many distinguished officers of the aruuued foc-ces, the remains of Ulysses S. (lracst (leneral in Chief of the acnuies ducriisg the climactic yeats of the Civil War, repose sic the Iludson. Those of Shieiunan. Meade. Thomas acid other ac-thy (Ocui- cnandecs of the conflict between the States rest else- whet-c. Like the cemeteries at the Soldiers' home ausd in Alexandcia. Ac-hiuugton was oc-igiuually established to aeeocuiiiio(late the dead of hospitals ac-ocund Wash- ingtocs. Realization of the iseed foc- additional Initial sluice iii the capital ac-ca prompted Brig. (hen. Montgomery 1. Meigs, Qucactercuuaster General of the Acmy to exacusiuce that nortiocu of the Custis estate on Arhinglon 7 113 * - i-.. - PAGENO="0118" _4~ _~ec~ -~ - /s. -~ - - -: ~rem~'- - Heights in the immediate vicinity of the mansion. Here Robert E. Lee resided with isis wife. Mary Ran- dolph Custis, during his last years of service in the United States Army. Impressed by its suitability as a burial ground, Gen- eral Meigs nontinated Mr. Edward Clark; who accom- panied him during the reconnaissance, as `engineer and architect" of the proposed cemetery. On June 15, 186-i, Meigs recommended by direct communication to Secretary of War Edwin M. Stanton that ``the Ar- lington Mansion, now understood to be the property of the United States, be appropriated as a national military cemetery, to be properly inclosed, laid out and carefully preserved for that purpose.'' Secretary Stanton gave instant approval, instruct- ing Meigs on the same day that "the Arlington Man- sion and the grounds immediately surrounding it arc appropriated for a military cemetery.'' it was further stated that the Quarterneaster General ``is charged with the execution of this order" and that "he will cause the grounds, not exceeding two hundred acres. to be immediately surveyed, laid out, and inclosed for this purpose, not interfering with the Freedneens Camp." Stanton's order of June 15 was transmitted by Meigs to Bvt. Brig. Gen. D. H. Rucker, commanding the Washington Depot, together with a rough sketch of the tract to be surveyed. The Quartermaster Gen- eral expressed his concern for success df the project in the following terms: Being charged specially by the Secretary of War with establishment of this cemetery, I have to request that you submit the plans to me for approval before commencing the enclosure or opening the main road through the grounds. I have requested Professor Bache to detail a skillful sur- veyor from the Coast Survey to make a topographical survey and maps of the grounds. If the Coast Survey can spare an officer for this purpose he will be directed to report to you. This work will be under your general direction and in immediate charge of such offices- as you iaay assign to this duty. Responding to Meigo' request for technical assist- ance, the Coast Survey put Mr. B. M. MeMath at his disposal ``in regard to the detailed survey of Arling- ton grounds, for a Military Ceu:etery." Captain (lat- er Bvt. Lt. Col.) Ja-res C. Moore, Assistant Quarter- master, attached to the Washington Depot, was se- lected by General Rocker as his deputy in develop- ment of the project. Reporting his activities in this connection, Captain Moore stated: In Stay last the grounds of the cemetery in the rear of the Old Soldiers Home having become exhausted, the Sec- retary of War directed that a new site he selected on Lee's farm, at Arlington, Virginia, The locality is well adapted for a cemetery, and is being appropriately improved for tl~at object. Intelligent and reliable sextons are placed in charge, who keep a register of all internments made, with the particulars coacerniag each, for the information of visi- The in;provement of the national cenmeteries has been a source of great gratification to all who visit them, and en- tirely dissipated the prevailing opinion of those living re- mote from Wasbihgton that soldiers were irreverently or carelessly buried, By June 30, 1865, approxinsately~ a year after es- tablishment of the cemetery, Quartermaster General Meigs reported: "The National Soldiers' Cemetery at Arlington, continues to be used for the interment of the victims of the rebellion who die in Washington or its vicinity, It contains the remains of 5,291 persons.'' If, according to the Act of July 17, 1862, acquisition of land through purchase by the President is to be accepted as a basic requirement in establishing a na- tional cemetery, two of the three burial places under discussion can scarcely be regarded as meeting this qualification until years after the dates of their estab- lishment-Alexandria in 1865 and Arlington in 1883, The Soldiers' Home National Censetery has never met 8 114 Artillery officers at Fort Steers urging President Lincoln to seek shelter. Phcte Cocrte.ey `,`etien,t Perk Serrfre PAGENO="0119" the qualification. Therefore, while practically all na- tional cemeteries of the war period are considered to have been established under the Act of July 17, 1862, a great many were actually created in disregard of that statute. As will be, presently sen the land on which military cemeteries were developed in the battle zone was frequently acquired by outright confiscation. Arlington really belongs to this class, although the process of confiscation was veiled in rather obscure legal technicalities. As summarized in `A Compendium of Legal Au- thorities for the Establishment of National Cemeteries under Jurisdiction of the Department of Defense," a tax was assessed against the Custis property under certain direct tax acts of June 7, 1862, and February 6, 1863. In default of payment, the usual sale was made. On January 11, 1864, the United States, pur- suant to authority of law, bid in the property at the sale "for Government use for war, n~ilitary, charitable, and educational purposes," and under this title con- tinued in possession until 1883. Redress sought by 0. W. P. Lee in challenging the title thus acquired by the United States became involved in an action of ejeetment in the Circuit Court of Alexandria, Va. The case was thence removed to the IJnited States Circuit Court for the Eastern District of Virginia, where it was heard and decided in favor of the plaintiff. From this decision the case was taken to the Supreme Court on a writ of error. On December 4, 1882, this high tribunal affirmed the judgment of the lower court, embodying in their decision an argument which ques- tioned the use of implied powers of the President in seizure of private property (U. S. vs Lee; Kaufman vs Lee, 16 Otto, 196). In order to secure a complete title to the property, the Umsited States under an act approved March 3, 1883 (22 Stat. 584) accepted Lee's offer to convey the property. On March 31, 1883, sev- enteen years after the date of confiscation, Arlington was conveyed to the United States by deed in fee sins- pie. Turning to battlefield cemeteries, we encounter so wide a variety of types, or rather an absence of uni- formity, as to suggest want of a consistent policy. Four burial grounds, two in the `eastern theater of hostilities and two in the western, illustrate this diversity. It should be recognized, how-ever, before examining this phase in development of the system that the national battlefield cemetemies which came into existence during the war years were products of exceptional circum- stances and owe their existence either to the decision of local military commanders, as exemplified by the national cemeteries at Chattanooga and Knoxville, or to a combination of civil authorities of the States and private associations who took the initiative in founding national cemeteries on the battlefields of Antietam and Gettysburg. In this respect they may be regarded as forerunners of the large numbers of national ceme- teries subsequently established by the War Depart- ment under provisions of a firmer policy and more uniform procedures than were evinced during the years of war. It nevertheless seems a curious fact that army com- manders at such remote points as Chattanooga and Knoxville should have been solicitous in the matter of military burial, while War Department officials in Washington ignored the physical development of cema- eterial sites within a few- hours' rail travel from the national capital. Closer examination of the pm-oblem, however, will indicate that those strategic and tactical considerations which dictated movements of the ar- mies also controlled expenditures of time and energy for care of the dead. Since graves registration units were non-existent and burial w-as of necessity per- formed by fatigue parties from the line, it is apparent that little or no provision could be made for any sys- tematic interment of remains during a campaign of rapid movement. Nor could army commanders be ex- pected to jeopardize the chance of victory in the midst of intense and prolonged combat by diminishing their striking power. These factors applied in varying degree to tactical operations in both the eastern and western theaters Generally speaking, the Army of the Potomac served as a strategic pivot for the western armies, which exe- cuted a grand left wheel from the Ohio River to the Appalachian barrier. The outer wing under Grant swept down through western Tennessee and Missis- sippi to Vicksburg, then converged on the inner flank at Chattanooga and swept the Confederates from Lookout Mountain and Missionary Ridge. After a five-month pause, during which Sherman took com- mand of the western forces, his army group pushed through the mountain gateway of northern Georgia to Atlanta and the sea, cutting a wide path of devasta- tion through the heartland of the Confederacy, while Grant, now in supreme command of the field forces. hammered Lee on the anvil of Richmond. Conditions produced by rapidity of movement in tIme western theater were appreciated by Bvt. Brig. Gen. J. J. Dana, Chief of the Sixth Division and the Cemeterial Branch in the Quartermaster General's Office. He observed that: The graves of this Military Division are very widely scattered, in most cases very imperfectly protected; and throughout the long and various marches of Grant's, Bush's, Sherman's and Thomas' armies, and in the countless skir- mishes which took place there, the dead appear to have been buried generally where they fell, with very little attempt to record or mark the place. It becomes increasingly evident that ciieuimmstamices permitting the establishment of national battlefield cemeteries in the west were exceptional, and that fa- vorable tactical situations went hand in hand with a disposition on tIme part of some-perhaps only a few- army commanders to exploit such opportunities. This reasoning seems to account for the efforts of Maj. Gems, George H. Thomas who, after a distinguished record as a corps commander, assumed eommammd of tIme Army of the Cumberland at Chattanooga. Perhaps it should be noted in passing that time burial ground he laid out iii 1862 on the battlefield of Mill Springs, 115 EXHIBIT A 9 PAGENO="0120" 116 Ky., u-as created a national cemetery during the same year, being among the first to acquire this status un- der the Act of July 17, 1862. At any rate General Thomas took advantage of the pause at Chattanooga to put his impress on one of the most beautiful ceme- teries in the national system. This cemetery was established ``in commemoration of the Battles of Chattanooga. November 23-27, 1863." According to Chaplain T. B. Van Horn, who acted as superintendent during the formative period of devel- opment, General Thomas selected the site during the brilliant assault of his troops, which carried Mission- ary Ridge and brought the campaign to a~ictorious end. The 75-acre reservation consists of a rourid hill, rising with a uniform slope to a height of 100 feet. It stands within a natural amphitheater of magnificent proportions, inclosed on one side by Missionary Ridge and on the other by the looming ensinence of Lookout Mountain. General Grant established his headquarters on the summit of the hill during an early phase of the four-day operation. The plan of laying out the grounds was suggested by the undulating terrain. "Where nature suggested avenues," Chaplain Van Horn reported in May 1865, "they have been made, and their curves define the sections. This rule has deternsined the form and size of the sections. It has given marked individuality to each, and has allowed a well-sustained unity of ex- pression to the whole, as nature has nowhere been opposed." He adds an interesting observation: During the march of our armies to Atlanta, there were buried, of those killed in battle or died from wounds, from twenty (20) to forty (40) per day; as those who were buried in the wide track of that march were companions in arms of many already interred here, it seenms eminently fitting that their companionship should be extended to their repose in death. From this statement it seems clear that such battle- field cemeteries as were actually operated in the com- bat zones did not serve the purpose commonly achieved by present-day military cemeteries in receiving bodies evacuated by an advancing field force, Neither special purpose units nor transportation were available for such a mission at that time. By May 1866 the reinter- ment of many remains gathered from scattered burials on the road to Atlanta, together with others gathered at Chickamauga, Athens, and Charleston in Tennessee, and at Bridgeport in Alabama, brought the total num- ber of interments in the Chattanooga cemetery to 8,512. Of these 6,096 were identified and 2,416. un- know-n. Lacking the colorful drama that attended the mak- ing of Chattanooga national cemetery, the one estab- lished by General Ambrose E. Burnside at Knoxville, in the upper Tennessee valley, illustrates the capabili- ties of Civil War military cemeteries without exposing their most serious limitations. This one was a product of siege warfare, and a somewhat desultory siege at that. Once characterized as a general with "a genius for slow-ness," Burnside was admirably cast for the role; he lacked both strength and energy to break the lines of investment, while Longstreet, his adversary, was destitute of the resources that would have per- mitted a relentless pursuit of his objective. This im- passe was somewhat modified by the Union victory at Chattanooga. Longstreet `s Corps was eventually re- called to the Army of Northern Virginia. The cemetery was laid out in 1863 at Burnside's direction by Capt. E. B. Chamberlain, Assistant Quar- termaster. It was described in August 1866 by Bvt. Maj. E. B. Whitman, in charge of mortuary recprds, as "the only burial ground of Union soldiers in this department originally laid out and conducted to the present time in a manner and on a system that render it suitable to be converted into a National Cemetery without material alteration or change, or removal of a single body." Quite a different story is unfolded by cemeterial developments in the eastern theater. Aside from vig- orous action in providing burial space at the larger troop concentration points, notably Washington, D. C., little attention was given to the problem of estab- lishing permanent burial grounds on the battlefields in this area. The opportunity, to be sure, was some- what restricted. Excepting the two great encounters at Antietam and Gettysburg, the Confederates enjoyed a series of tactical triumphs until Grant was invested with suprenme command in the field and launched the hammer blows that destroyed the Confederate armies. Continuous combat and maneuver during this climac- tic phase precluded a satisfactory performance with the means available in care of the dead. With opportunity for creative work virtually re- stricted to Antietam and Gettysburg, the War De- partment seemed content to let others take the initia- tive. Before the end of 1862 proposals were considered for creation of a national cemetery at Antietam by joint action of the states represented by units on the field of battle. Due, however, to limited financial sup- port, development of the project lagged, while Gover- nor Curtin of Pennsylvania enjoyed greater success in applying the idea to a similar development at Gettys- burg. Meantime, financial difficulties continued to thwart the Antietam National Cemetery Association, a private group incorporated by the State of Maryland on March 23, 1864. Title was acquired by the state to a suitable tract of 11 acres, situated on the south side of the Sharpsburg-Boonsboro road and in the center of the battlefield. Construction costs for fencing and a caretakers' lodge caused the Board of Trustees to defer reburial of the dead. This activity was under- taken in 1866 by the Quartermaster Department and personally directed by Bvt. Lt. Col. James H. Moore, the officer who supervised the early development of Arlington. The Washington Depot supplied 6,000 coffins for completion of the Antietam burial program. In 1877, the state of Maryland transferred to the United States title to the reservation in fee simple under terms of an agreement whereby Congress appro- priated $15,000 to discharge the indebtedness incurred by the Board of Trustees. The Antietam National Cemetery was announced in General Orders, AGO, No. 68, 1877, as a national cemetery of the first class. to PAGENO="0121" Provision was made by the General Assembly of Penn- sylvania for transfer of the Gettysburg cemetery in an Act approved April 14, 1868, author i~ing `the com- missioners having charge of the Soldiers' National Cemetery at Gettysburg . . . to transfer all the right, title, interest and care of the said National Cemetery, upon completion of the same to the Government of the United States." The process was completed by a reso- lution of the United States Senate and House of Rep- resentatives, approved July 14, 1870, authorizing the Secretary of `War to take charge of the Gettysburg and Antietam National Cemeteries. Despite apparent indifference on the part of War Department officials regarding the creation of so-called national cemeteries by other agencies on the battle- fields of Antietam and Gettysbuig, it would be both inaccurate and uncharitable to cite these examples as proof of apathy. As already emphasized in relating cemeterial developments at Chattanooga and Knox- ville, conspicuous performances in care of the dead were possible only under exceptional circumstances. One such situation was presented in the eastern theater, including favorable tactical conditions, as well as the presence of a general officer of sufficient rank and authority to exploit the opportunity. Func- tioning much as a graves registration platoon in sup. port of combat, a provisional unit organized by Cap- tain James M. Moore, performed the unprecedented feat of completing the evacuation of dead from, the battlefield, identifying each body and interring, the remains in a cemetery established at a site selected by the Quarterniaster General. The situation that made this feat possible was in- deed extraordinary. On July 11, 1864, Early's Corps of the Army of Northern Virginia stood in battle order facing the northern defenses of Washington. Rumor swept through the city, hysterically proclaim- ing that Lee, with large reinforcements from the corps of Longstreet and A. P. Hill, was hastening to the scene and would direct a grand assault on Fortress `\Vashington. Then the military command was obsessed by fears that Grant's decision to cross the James River and strike at Richmond from the south had violated a strategic principle that had heretofore regarded the security df Washington, rather than defeat of Lee's army in the field, as the primary mission of the Army of the Potomac. `Whatever the validity of this strategic concept, Grant had taken a ``calculated risk'' in plac. ing Lee's army between his own field force and the national capital. Moreover, replacement of losses in the bloody march from the Rapidan to the James had all but denuded Washington of its garrison troops. The risk, nevertheless, had been closely calculated- closer, perhaps, than the one which uncovered the Ardenues sector and invited von Rundstedt's offensive stroke. Countering Lee's maneuver against Washing- ton, Gm-ant embarked IT. G. Wright's VI Corps at City Point. As Early's dusty columns converged on Washington, the transports bearing `Wright's veteran divisions steamed placidly through the interior com- munications of Chesapeake Bay. 117 Meanwhile strenuous measures were taken in the capital to enroll and equip every man capable of beam-- ing arms. Civilian clerks of the Quartermaster Gen- eral's Office furnished a battalion, some 250 strong. Bvt. Brig. Gems. Bucker, commanding the Washington Depot, organized a brigade of 1,500 Quartermaster employees. Accepted for service at the front, Rucker's Brigade was assigned to a provisional divibion which included two other brigades-one niade up of veteran reserve corps units, another composed of convaheseents from the hm.pitahs. General Meigs took command of the Provisional Division aiid, late on July 11, took over a sector of the trenehses on the right of Fort Stevens. After putting two brigades in the line, with the convalescents in close reserve, he established his command post in an orchard. lie reports : ``I slept wrapped in a poncho. with my horse tethered to an apple tree." The crisis had passed sometime before Meigs rolled in his poncho. During that aftem-nson a dispatch re- layed by telegraph to Fort Stevens for information of the President announced that the advance element of Wheaton's Division. VI Corps, would disembark at 4 p.m. at the Seventh Street Dock. President Liii- coin hastened from the Fort to greet the reinforce- ments. Recognition of his tall figure, with familiar top hat and bristling chime whiskers, evoked thunder- osms cheers from the veteran regiments as they filed out in column through the city streets. Sight of their gleaming weapons and tattered battle flags had a neag- ic effect in restoring the confidence of the populace. They marched with swinging stride out Fourteenth Street and massed in reserve. The brisk action in froist of Fort Stevens oil July 12 came as an anticlimax to the tense anxieties in- spired by Early's march ~n Washington. `Wheaton attacked in order to drive Confederaoe skirmishers from sheltered positions within effective rifle range of the fort. Shad Early been determined to attack in force, the sortie would have touched off a violent battle. In such circumstances it would have been impossible for Moore's provisional unit to function. Of 110 great importance as a tactical encounter, the affair has considerable significance in American gmaves registration history. Lightly engaged on his ow-n front, General Meigs selected the site fos- a battlefield cemetery and instructed Captain Moore to evacuate and bury the dead of Wheaton's Division. Unfor- tunately, Meigs does not mention these arrangements in his report on operations of the Provisional Division. 1Tow'ever~ he noted in his annual report as Quarter- master General that: The bodies of the loyal officers and men sshio fell at the sortie [were] buried in a piece of ground selected for the purpose in the midst of the battlefield and in sight of Fort Stevens. It is hoped that Congress may see fit to cause a monument to be erected to the mnemssm'y of these patriots who fell in defense of the Capital itself. General Meigs's wish was partially fulfilled that same year in the establishment of this burial place as the Battleground National Cemetery, which is now II PAGENO="0122" 118 entered by a memorial gate fronting Georgia Avenue. tarily came into play and demonstrated its capabilities The cemetery contains 40 burials, all identified and at Fort Stevens could not be employed during the final all evacuated from the battlefield of Fort Stevens. Re- operations which overthrew the Southern Confederacy. grettably, the organizational principle which momen- * Evolution of the National Cemetery ************** **** **** **** System 1865-4880 * * * * * ** * By EDWARD STEERE THE Americaci Civil War was one of tliosc great conflicts in human history that shaped the polit- ical destinies of a continent. Assuming many aspects of a major contest between two sovereign powers. this war was in reality a violent revolution attending tise creation of a nation-state of continental proportions. Although animosities lingered through a difficult pe- riod of readjustment, the spiritual forces that eventu- ally brouglst reconciliation to both sections were pre- cisely those which found expression in Lincoln's Gettysburg address and second inaugural. Created originally to afford a decent resting place for those who fell in defense of the Union, the national ceme- tery system symbolizes in its gracious landscapes antI marble headstones both the violence of the struggle and the healing afternsath. Soldier sons of bitter foe- nsen of that war now- sleep side by side in many of its cemeteries. Growtls of the national cemeterial svstens was fur- thered by a resolute determination to repair the dis- locations of civil strife. Bitt thousands of mattered burial places marking the sites of great battles and innumerable actions of lesser consequence appeared to impose an all but insuperable obstacle to realiza- tion of the intent expressed by the Act of July 17. 1862, that those who gave their lives in defense of the Republic should rest forever within the guarded con- fines of a national cemetery. Recorded interments of individuals made by quartermaster officers during the war and submitted in compliance with General Or- ders No. 40, July 3, 1865, to Quartermaster General Meigs listed only 101,736 graves. This figure. it should be noted, is less than 30 per r " ` - A Brady eoartiene photograph ide'~tifind as Arlington by checking headboard inscriptions in forrgroond against interment records. ccitt of total fatalities (~lt,i killed iii battle, died of woinids and from sickiiess and other causes dur- ing the war. As interpreted by the Quartermaster General, these reports included fcsv of the interments made imme- diatelv after battles by details of troops, and reported by the commanding generals in the lists of killed in battle. These were the records of those who died in hospitals, camps, acid barracks, for whose burial there was time to niake a decent acid orderly provision on- iler the general orders and regulations. The wide discrepancy between reported burials acid total fatalities would iiiihicate that antiquated meth- ods for care of the dead wem'e little influenced by in- novations that rcvolntionizetl the whole conduct of warfare between the bomiibarihmnent at Fort Sumter tuwl time capitulation at Appomiiattox. Steams tc'anspor- tation and the electric telegraph, together with tb' "reation of such specialized services as the 3igmmal Corps. and the railroad construction corps, not only gave a vast extension to the logistical support of coin- l)at formations, bitt speeded the regronpment of strategic masses. Yet imo serious effort appears to have been made toward providing an organization fom' execution of new regulations (GO No. 33, 1862) re- quiring burial of the battle (lead in registered graves. As a matter of fact, only five active military cemsie- teries were established on the sites of major battles during time course of the War-Chattanooga, Knox- ville, and Stones River in the West; Antietam and Gettysburg in the East. The two eastern ceummeteries, Isowever, were sponsored by officials and citizens of the states whose troops fought on tIme two battlefields. 2 PAGENO="0123" * **** **** ** 119 * Moreover, as already noted its the second papei~ of this series, these b~ria1 grounds fell short of the pus'- pose now served by temporary military cemeteries in the active zone of operations, namely the identifica- tion and interment of remains evacuated from the battle front tlsrough a collecting point system. As such a service was lacking, burials were necessarily restricted to remains found in the immediate vicinity. A sinuilar limitation applied, with certain notable exceptions, in those rear areas which are now' known as the zone of communications, and which then, as in more recent wars, included large military centers serv- ing as troop concentratious points and depots of sup- ply for tlse field forces. Tue Department of Washing- ton, a command embracing tlse District of Columbia and certain adjoining territory, furnished the most conspicuous exception. here nuder direction of TIse Quartermaster Gen- eral officers of the Washington Depot supervised every plsase in the selection, physical development and maintenance of four national cemeteries estab- lished during hostilities-Soldiers' Home, Alexandria. Arlington, and Battleground. Then the burial grounds at Jefferson Barracks, near St. Louis, as well as tl~ose at Fort Leavenworth, Kansas, and Fort Scott, Arkan- sas. were designated national cemeteries when those old posts acquired new' importance as centers of opera- tions in the trans-Mississippi region. At the same time, no steps were taken at Louisville and Nashville, the tw-o great bases of the western armies, to provide burial facilities comparable in scale to the develop- ments directed by officers of the Washington Depot. Not until peace came w'ere national cemeteries estab- lished at Louisville aisd Nashville for the concen- tration of remains origi- nally buried in seattere(l plots. The larger isunsher of wartime cemeteries fall into category which should he differentiated from those identified with battlefield sites and military centers in the rear. Elements of this category appear in that part of the over-all as-es of military operations now The accompanying article is the third of a series on the development of the national cemetery system. The fourth, which wilt appear in the July-August issue, will trace those transformations in the systeun that accompanied the nation's emergence as a world power. regarded as the zone of interior. Acquired by the no- tional government in immediate compliance with the Act of July 17, 1862, they wese located as a general rude within the properties ow'ned by cemeterial asso- ciatious. Some were situated near the larger metro- politan areas of the North, notably New York, Phila- delphia, and Baltimore; others meeting the emergen- cies of an unplanned national noobilization, were es- tablislsed in private cemeteries near citio'u mmcli as Annapolis, Md., Rock Tslamsd, Ill., and Keokusk, Iowa. Growing piecemeal to meet local emergencies. this miscellany of burial places could scarcely be m'egarded in 1865 as an integrated system. It would be mnor~ accurate perhaps to say that the nucleus of a future system included only a few' elements ot a whole, that is, the cemeteries us the Washington nsihitary area and those on the sites of great battles. In considera- tion of their geographical distribution and availability of additional burial space, the group as a whole of- fered few advantages in effecting the final disposition of remains. Tue so-called zone of interior cemnetem'ies were be- yond the range of economical transportation. Else- where tlse established cemeteries were inadequate in number and remote from the scene of decisive opera. tions during the culmnimsating phase of the war. Due to such limiting factors it bccamne necessary to extend the ststcm to areas determined hv distribution of the war dead. Vice of Solders' Home National Cemetery, D. C. 864. N,,u,esl .4rshi,'ea `3 PAGENO="0124" 120 The problem of multiplying national cemeteries went hand in hand with other difficulties. The coin- pilation of interment reports in 1865 for the Quarter- master General indicated that approximately two- thirds of the war dead must be recovered before final interment in national cemeteries could be accom- plished. In present-day graves registration parlance, this requirement involved a search and recovery pro- gram surpassing in many respects the one attending final disposition of World War II remains. Two as- pects of the Civil War situation, however, confined battlefield search areas to narrower limits than ap- plied ,in the European theater. The front of deploy- ment of an average Civil War army corps occupied about the sanie space now taken up by a regimental combat teani. Then, while far-ranging cavalry col- umns of the 1860's left for future search teams the same difficulties contributed by armored columns of World War II, present-day war in the air extends the search of remains over vast areas that were not en- compassed by operations of the American Civil \Var. The reburial program was initiated within two months of Lee's `al)itulation at Apl)onlattOx. In ac- cordance with orders issued on 7 .Tumme 1863 by head- quarters, Department of Washington. Captain ,James M. Moore, the founder of Arlington and Battleground national cemeteries, proceeded to the battlefields of the Wilderness and Spottsylvania Court House `for the purpose of supcrintending the interment of re- mains of Union soldiers yet unburied, and marking their burial places for future identification.'' Sins- ilar nseasures were taken in the West on 23 .Junc General George h-I. Thomas, commandine the Depart- ment of the Cumberland, instm-ucted Chaplain Wil- liam Eam-nshaw, Superimitendent of the Stones River National Cemetery, ``to take charge of the work of disinterring and reintem'm'ing remains hi tb' national cemetery at Stones River.'' Due, how-ever, to excessive heat of the summer season, field operations were sus- pended until October of that year. The operations conducted by Captain Moore and Chaplain Earnshaw illustrate both the similarities and differences of graves registration problems in the Virginia and western theaters. Both officers enjoyed the benefits of wide experience in burial matters; both had created cemeteries and understood the complica- tions involved in the reinterment of remains. Pro- ceedinu by way of Belle Plain, Captain Moore reached tIme Wilderness battlefield some 14 months after the two-day encounter between Grant and Lee. He fonnd ``hundreds of graves . . . without marking whatso- ever.'' Exposed skeletons scattered in front of the enemy's abatis offem'ed mute testimony to the savage assaults delivered by many Union regiments. Other skeletons were found partially buried in and near the trenches. Unburied remains, it is reported, were in- ttrred in two temporary cemeteries, "where the scenes of carnage appeared to be the greatest." Intending originally to remove all partially buried rensains to a suitable site, Captain Moore encountered the same difficulty that delayed Chaplain Earnshaw `s reinterment program in the Stones River area-sum- user heat. Completing his reconnaissance of the Wilderness battlefield, Captain Moore went on to Spottsylvania Court house, where he identified and marked with newly-inscribed wooden tablets the graves of 700 Union soldiers. The unidentified dead were marked by tablets bearing the inscription "Unknown, U. S. Soldier." In all, he naa,de 1,300 identifications on both battlefields-800 in the Wilderness and 700 at Spott- sylvania Court house. This total, how-ever, was only twenty-six per cent of the 5,350 fatalities suffered on these fields. Fortunately for Moore and his party, the problem of unburied dead at Spottsylvania Court House had been solved late in the spring of 1865. During ths march of Sherman's army from the Roammoke to Wash- ington, the General arranged with Mr. Sanford, a local resident, for the interment of all exposed re- mmiaimms. Thus a Western army commander gave immi- petus to the first postwar recovery operation iii the East. Captain Moore's work in Virginia was intcrrupteB at this juncture by an assignment which included all phases of the reburial program in a single operation. Spum'm-cd by Secretam'y Stanton's insistence that a na- tional cenmeterv must be established immediately as a memorial to time Union soldiers who perished in the pm'isomm pens of Andersonvihle, Georgia, the Quarter- mi'aster General organized aim expedition with Captain Moore in command. General Meigs m'eported in some detail to Secretamv Stammton tIme achievememmt of his subordinate. Captain J. 51. Moore, Assistant Quarteraiastem', was, by our omd,m', imnniediateiy Ui)Oii the opening of comsmnnnit'a- tiomis, ihisl)atched in a steamer, loaded with materials, with svsrksien and clerks, to idemmtifv amid miiark in a suitable manner the graves of those who died at Andersonvihle. With the aid of a detail, furnished by Major General Wilson, this duty was perfomned. the groulnd omi which 12,912 of oum' comorades had heemm buried in trenches was incloseul; the bodies, where the earth had been washed from them by time raimus, were again cov- ered. Headboards, painted white, were placed Over each, beamimug the muame, monk, regimuient, amid state, with the date nf death, as ascertained from the captured hospital recom'ds. Twelve thousand fo'mr hundrel sixty-one were identified, amid upon 451 graves Contain Moore was eoispelied to place the imuscm'iption "Fnkn,wn F. S. Soldier." Meanwhile in Temumsessee, Chaplain Earmushiaw took up the task of comucemitratimig remciaimms at time Stones River Natiomual Cemetery. Ijike Chattanooga, this his- toric burial gm'oumud was a creation of Gemueral George 11. Thomas. Unfortunately, Thomas had no authority to establish the cemetery neam' Murfrcesboro, where the bloody battle of Stones River occurred late in Dc- cemnber. 1862, until he supem'seded Rosecrans at Chat- tanooga as commanding gemieral of the Army and Dc- 4 PAGENO="0125" 121 partment of the Cumberland. Although the furious fighting that raged for three days in and around Mur- freesboro preceded by nearly a year the storming of Missionary Ridge, establishment of the ~iational ceme- teky on Stones River was delayed until 1864. Beginning with removal of remains from three know burial places on the battlefield, Chaplain Earn- shaw extended his search eastward through Murfrees- boro tq Union University. Examination of graves in that beauty led to discovery of a large burial ground whichwas identified as "the first burying place used by our brave defenders." After recovery of the battlefield dead, attention was directed to the burial sites of general and unit hos- pitals which had been erected during the eight months' pause of Rosecrans' army before resuming the ad- vance on Chattanooga. Altogether some 3,000 remains were recovered and reinterred. The next step involved an examination of the three mountain defiles-Hoover's Gap, Liberty Gap, and Guy's Gap-forced by Rosecrans in the first stage of his push southward. The Chaplain reported that the number of dead recovered in these passes corresponded exactly with the figure given by General Rosecrasie in his official report of fatalities. Search operation~ then followed the path of advance to the Tennessee River, while a party went northwest along the Nash- ville and Chattanooga railroad collecting bodies be- tween Murfreesboro and Florence, and then turned back to search the rail line to Tullahoma. The total distance of search north and south through Murfrees- boro was about 85 miles and yielded some 600 re- mains. An intensive area search followed exploration of the rail line and the path of advance of the main army. According to Chaplain Earnshaw `s report parties went out "searching the entire country and tracing obscure byways, feeling it our solemn duty to find every solitary Union soldier's grave that marked the victorious path of our men in pursuit of the en- emy." The thoroughness with which these activities were conducted and the sense of devotion to the task are reflected in the following statement: We also visited all points sv1~ere caiiips or garrisons were stationed. - - - In fact, we hn~ve visited every place within 80 or 90 miles northeast, east and southeast from Murfreeo- horo, which is the extent of the country assigned for the removal to this cemetery. I am free to say, that ssithin these limits not more than 50 Union soldiers still sleep outside our beautiful cemetery. The reinterment activities initiated by Chaplain Earnahaw in October 1865 extended over into the fol- lowing year. Similar operations were conducted by Chaplain Thomas B. Van Horns in the area assumed to Chattanooga. Captain W. A. Wainwright, Assist- ant Quartermaster, completed the concentration of remains from the upper Tennessee Valley, Cumber- land Gap, and eastern Kentucky into Knoxville. Su- pervision of these operations was exercised by Bvt. 5 Maj. Gen. Donaldson, Chief Quartermaster, who for. merly commanded the Nashville Depot. In this new capacity he acted under authority of General Thomas. now commanding the Military Division of the Ten- nessee, a new jurisdiction embracing the States of Kentucky, Tennessee, Alabama, Mississippi, and Georgia. A somewhat different situation existed in the East. Excepting the special cases presented by Antietani and Gettysburg, which were then controlled by pri- vate associations under state law, Arlington was the only established cemetery which could accommodate any considerable number of reintermepts. This pos. sibility however was limited to a radius of some thirty- five miles, including some burial places in nearby Maryland and extending into Virginia to the Bull Run battlefields. For the rest, new national cemeteries must mark the somewhat erratic paths of advance and retreat of Union forces between the Potomac and the entrenched lines finally enclosing Richmond and Petersburg from the east and south. Turning again to the west, the three areas whk-hi gave remains to established cemeteries at Stones Riv- er. Chattanooga amid Knoxville were no greater ii: relation to the vast expanse over which the western armies left their dead than was the one assigned for concentration purposes to Arlington when compared to the whole Virginia theater. Indeed, this relation- ship determined the pattern of cemetesial distribu- tion in both regions. A cartographical representation would exhibit a thick cluster of black points in north- eastern Virginia, while in the west two paths would be marked by widely separated dots, one extending southward from Cairo through Foi-t Donelson, Shiloh and Corinth to Vicksburg, the other traversing cen- tral Kentucky and Tennessee through Nashville and Murfreesboro to Chattanooga. Here a concentration of offensive power from the west determined a pro- jection of the spotted pathway through Atlanta to the sea and thence northward across the Carolinas toward Virginia. The picture thus presented would indicate the distribution of national cemeteCies covering the principal theaters of operations and harboring over three-fourths of the war dead. In representing the secondary theaters, there would be the littoral zone extending from the estuary of the James to the mouth of the Rio Grands, and marked by a few cemeteries that recall various amphibious attacks from the sea New Berne, Wilmington, Mobile, and Chalnsette. Finally, the Shenandoah Valley, the uplands of West Virginia and the trans-Mississippi region would claim several scattered points. Supervision of operations in the J)cpartment of Washington and a strip of territory running along the Orange and Alexandria Railroad to Orammge Court House was assigned by General Mugs to Colonel 11. 1. Ludington, Chief Quartermaster. Colonel Moore, commanding the Washington Dc. pot, directed field operations in Virginia south of the PAGENO="0126" 122 strip assigned to Colonel Ludington. A central file of burial records, including casualty reports prepared by tactical officers ,during hostilities, was established in the Quarterma~ter General's office. Functioning under Colonel C. W. Folsom, this records office fur- nished valuable information in planning search pro- grams and determining the sites of new cemeteries. By the end of 1866 substantial progress had been made toward the completion of concentrations in existing burial grounds and the development of new cemeteries. In Virginia, Moore created ten national cemeteries, including one at Fredericksburg, which received 2,442 remains during that year and eventu- ally contained some 15,000 burials-the recoverable remains from Chariccllorsville. the Wilderness. Spott- sylvania Court House, as well as those found on the battlefield of Fredericksburg. The program was pushed with equal vigor by General Donaldson in the Military Division of the Tennessee, where attention wasfirst given to the establishment of national ceme- teries at the two western depots, Louisville and Nash. yule, and then along the broad pathways of advance from Cairo to Vicksburg and Chattanooga to Savan- nah. Excluding Andersonville which was established under direct ord~srs of the Secretary of War, nine na- tional cemeteries were receiving disinterred remains. Three were completed-Knoxville, Millen, and Savan- nah. Progress was reported at six, with Chattanooga and Stones River nearing completion. The sites of seven additional cemeteries had been selected, includ- ing Nashville and six other sites identified with the advance on Vicksburg. A brief analysis of achievement since the termina- tion of hostilities would indicate that the program was rapidly approaching the point of peak perform- ance. In all areas of the continental theater 87,664 remains had been reinterred in 41 national cemeteries. The total number of interments by 30 June 1866 was 104,528. Taken together, burials in the Washington and Virginia cemeteries (41,353) and in the Military Division of the Tennessee (39,485) comprised over 75 per cent of the total. Then, according to computation of interments based on data acquired by Colonel Fol. som's records office, the graves of 237,142 Union sol- diers were in 431 burial places classified as "other than national cemeteries." It was estimated that not more than 135 881 of these remains would, for one reason or another, be removed to national cemeteries. Assuming the correctness of this estimate, the national cemetery system would offer its protection to 249,395 war dead upon completion of the reburial program. In other words, over 90,000 would continue to lie in family and village burial grounds, soldiers' plots, and post cemeteries, or in isolated graves that eluded the most exacting search. As will be seen, these predic- tions were overly pessimistic. Reliable cost analysis also appeared at this junc- ture. The Quartermaster General reported that total expenditures to 30 June 1866 amounted to $1,144,791. Allowing $1,609,294 for all future contingencies, he estimated $2,609,294 as the "total cost of national cemeteries, and collection, transfer and reinterment of remains of loyal soldiers." The average cost' of transfer and reinterment per body was $9.75. The largest single item in this phase of the program was the wooden coffin, costing $4.00 at the Washington Depot and $3.00 in Tennessee. The program continued with diminishing returns each year in reinterments, but showing a substantial increase in the total number of recoveries foreseen in 1866. In 1870, when, according to General Meigs, the project was virtually completed there were 73 na- tional cemeteries in which the remains of 299,696 Union soldiers had been laid to rest. This marked an increase of 50,299 over the figure (249,397) estimated in 1866. The number of remains interred in national cemeteries, private plots, and post cemeteries, together with those marked for reinterment, aggregated 315,- 555. This final figure falls short by only 26,175 of the total number of Union fatalities as estimated in 1866. Of the total interred by 1870 there were 173,109 posi- tive identifications and 143,446 unknown remains, i.e.. 58 per cent of the recovered dead were identified. An activity involving the acquisition and develop. ment of extensive lands for cemeterial purposes on the scale foreseen in 1866 required some amplification of the authority originally granted to President Lin- coln by the Act of July 17, 1862. Furthermore, ad. ministrative expediency dictated that such authorit~ be vested in the Secretary of War. This was accom- plished by An Act to Establish and to Protect Na. tional Cemeteries, approved February 22, 1861, and directing the Secretary of War to have every national cemetery enclosed "with a good and substantial done or iron fence"; to cause each grave to be marked wit6 a small headstone or block; to direct the appointment of reliable veterans as cemetery superintendents and the erection of adequate quarters; to provide for annual inspections of the conditions and required im- provements at all cemeteries by a field-grade officer and to submit the reports of inspection to congress at the commencement of each session "with an esti- mate of the appropriation for that purpose." It was further enacted that the Secretary should acquire title in fee simple to all cemeterial lands, either by mutual agreement with owners, or by processes of court action specified in the act. These procedures were helpful in securing a clear title to tracts con- fiscated during the war, notably the reservations at Chattanooga and Knoxville. The act of February 22, 1867, not only provided a legal basis for the system in process of development. but committed Congress to a constructive fiscal policy. But while the act provided for a year-by-year im- provement in landscaping and such facilities as be. awe necessary for security and administm-ation,"the extraordinary cost of erecting permanent gras-c mark- ers could only be met by a special appropriation of Congress. During hostilities the cost of maintaining wooden 6 PAGENO="0127" 123 headboards had suggested the long-range economy of providing a more durable type of marker. In his annual report of 1866 the Quartermaster General pro- posed an economical solution. "A design," he stated. "has been adopted for a small cast-iron monument, to be protected from rust by a coating of zinc, to have in raised letters cast in the solid, the name, rank, regi- ment and company of each soldier or officer. One of these will be placed at the foot of every grave and will remain when the wooden headboards decay and perish. Prompted no doubt by hopes of including a perma- nent marker program within regular appropriations, General Meigs stoutly resisted every proposal for marble or granite slabs in place of his unsightly, de- sign. He made a special point of rejecting in his 1868 report a recommendation in favor of the stone slab. He insisted: 1 am still of the opinion that the best monument for this purpose yet contrived is the small rectangular block of cast iron, galvanized to protect it from rust and filled with earth or cement. Ihis planted at the grave will last for many years. It is not costly, it is easily transported, is not an object of plunder. With wages of stone cutters at $5 a day, the cost of 320,000 headstones properly lettered would be a very great charge upon the treasury. In a day when tolerance of deficit financing was as repugnant as professions of heresy or free love, the Quartermaster General's argu?nc~t was hard to meet. Although required by law, no progress was made until Congress took action on March 3, 1873 by appropriat- ing $1,000,000 "for the erection of a headstone at each grave in the national military cemeteries, to be made of durable stone and of such design and weight as shall keep them in place when set." Subsequent inter- pretation of the act held that stones should be erected only at the graves of soldiers, omitting those occupied by "contrabsnds" and civilians. Under authority of the act, the Secretary of War specified that the markers should be of white niarble or granite, 4 inches thick, 10 inches wide, with 12 inches above ground and 24 underground in areas south of the latitude of Washington and 30 inches in those to the north. The granite or marble block for 7 unknown soldiers should be 6 inches square by 2 feet 6 inches, with 2 feet set in the ground. The project was completed in 1877 at a total cost of $786,360. headstones for the marking of new national ceme- teries, including Antietam, that had been acquired since 1873 were erected at a cost of $20,000. It was then recommended to Congress that the balance of $192,000 be expended for marking those graves in national cemeteries riot included by the Act of March 3, 1873, and for the erection Df permanent markets at all known soldiers' graves outside the national sys- tem. An act, approved February 3, 1879, authorized these expenditures and the second gravestone pro- gram was undertaken. In 1881, Quartermaster General Meigs reviewed the great accomplishment of 16 years in creating the na- tional cemetery system and raised the first troubled question about its future: There were 219 interments made during the year mak- ing the total number of interments in the national ceme- teries on June 30, 1881, 318,850. All soldiers' graves have been marked with marble or granite headstones as pro- vided by law, and neat marble slabs will be erected at the graves of other than soldiers yet remaining to be perma- nently marked as fast as means will permit. - I repeat a recommendation heretofore made, that the Arlington Cemetery. containing 208 acres of land, now laid out and improved at the cost of the United States, be declared and constituted by law the official national cemetery of the government, and that its space, not needed for the interment of soldiers, be used for the burial of off cers of the United States, legislative, judicial, civil, and military, who may die at the seat of government or whose friends may desire their interment in a public na- tional cemetery. It is safe from encroachment of the rap- idly extending cities of the District of Columbia. It is a safe distance from the population of the cities, while the existing Congressional Cemetery is rapidly filling up, and the extension of the inhabited and populous part of Washington threatens before many years to make it nec- essary to abandon the practice of interment within its limits. Almost all great cities have forbidden the use of cemeteries within their corporate bounds. * PAGENO="0128" 124 Expansion of the National Cemetery System, 18804900 `~vT1TH1N 15 years following the termination of the VY Civil War in America, the War Department had created a national cemeterial system, with administra- tive control vested in the Quartermaster General. After having completed by 1870 the finalinterment of war remains in 73 national cemeteries, and adding several more in the West to receive remains from the burial grounds of abandoned frontier posts Quarter- master General Montgomery C. Meigs undertook the task of replacing some 300,000 wooden headboards with markers of durable stone. The magnitude of this undertaking may be appre- ciated by noting that the exact amount of marble used for these headstones, if éut in larger slabs with a uni- form thickness of three inches, could have restored the glistening white sheath that originally covered the Great Pyramid of Cheops. But it is the use of the marble rather than the amount that is most ar- resting. Cheops, divine ruler of a state that presents history's classic example of thescratic socialism, spent 30 years building a tomb to perpetuate his fame. The Government of the United States sought rather to cherish the memory of those individuals who gave their lives in its service. Neither the full sigssificanee nor the actual magni- tude of the progrsns initiated in 1862 was fully ap- preciated at the time by the Government or the peo- ple of the United States. The original act, as pointed osit in the first paper of this series, was intended to afford a decent resting place for those who died us the service of the country. Due, however, to organization- al deficiencies of the nationsl forces, the final inter- memit of these dead necessarily awaited more favor- able conditions brought by peace. Then the vast area of military operations, together with dependence on animal.drawn transportation for most of the work, created a situation in which the distribution of tem- porary wartime burials determined the location of cemeteries designed for this purpose. Thus, aside from considerations of sentimesst, the sites of great battles became the logical points for the location of many na- tional cemeteries. The very coincidence of place of final burial and scene of dramatic events in the nsihitary history of the nation invested the whole cemeterial systens with a memorial aspect that was neither foreseen nor, per- haps, intended in the Act of 1862. At any rate, Gen- eral Meigs' persistent advocacy of an economical pol- icy which would have restricted the right of burial to soldiers who gave their lives during the war for pres- ervation of the Union seems by 1881 to have given way to trends he could~no longer contrOl. As related in the preceding paper, he then proposed that Arling- ton be declared the official national cemetery of the government and "that its space, not needed for the interment of soldiers, be used for officers of the United States, legi~aimve, judicial, civil and military, who may die at tue scat of government." General Meigs' proposal offers a striking illustra- t.ion of an inability, not infrequently displayed by administrative officers, to control developments with- in the institution confided to their management. Fur- thermore, it illustrates one of those paradoxical cul- minations which responsible officials,.may have stoutly resisted in principle, but to which they themselves in- advertently contribute. I d f tFrfGb Bs making certain de cisions that are justified - -- on groundsof expediqn- cy, they eventually dii- .j. `~ cover that the cumula- 1" tive effect of such de- - cisions presents a chal- - - . - lenge to major tenets of the policy they sought to uphold. -- Despite several piece- - . . - ` . *. meal departures from * - avowed policy, General Meigs vigorously resist- ed the first obvious at- I tempt to divert the na- tional cemeteries from the purpose originally ~ stated in 1862 and reaf- ~ firmed by the joint ress- ~ lotion of April 13, 1866. L - ~. The wording of the lat- ter instrument, immdeed, susceptible of an immterpretation that narrowed the original purpose, it being stated that the Secretary of War, among other assigned responsibilities, `was re- quired to protect the graves of soldiers of the United States who fell in battle or died of disease in the field and in hospitals during the war of the rebellion. Two years later these implied restrictions were put to the test. It appears that Maj. Gen. George II. Thomas, Commanding General of the Department of the Cumberland and founder of the Chattanooga Na- tional Cemetery, had reserved by a departmental or- der a large section of this cemetery for the burial of deceased war veterans and their families. A consid- erable number of burials had been made under the provisions of this order before the Quartermaster Gen- eral became aware of the situation. In December 1868, Isowever, he instructed Bvt. Maj. Gen. ShieldO, the Department Quartermaster, to prohibit the practice. Accordingly, the remains of Sergeant S. J. Wight, late of the 29th Maine Volunteers and twice wounded in battle, were refused a burial place in the cemetery. A large body of Union veterans resident in Chat- tanooga immediately addressed a petition to General Thomas, pleading reconsideration of the prohibition and pointing out that the large amount of unappro- priated grounds inside the limits of the cerçietery was ample to furnish burial space for United States Army veterans and their families for many years to come. Their final argument was loaded with the sentiment that has more than once unseated reason in the con- sideration of problems relating to veterans generally 18 PAGENO="0129" and to national cemeteries in particular. Many of us, in pursuance of the order mentioned above [Thomas'], have buried there those who are near and clear to us in this spot, hallowed by the brav- ery of those whose remains there repose, and are anx- ious to know whether the same privilege may be ex- pected in the future. or whether those already buried there will be allowed to remain. General Thomas ``respectfully'' forwarded the pe- titian for consideration of General-in-Chief and the Secretary of War. Reference of the matter, in turn. to the Quartermaster General, the General-in-Chief and the Judge Advocate General evoked conflicting \ ieii S. A CDII Liii ii(ltuhttlottatot', Meigs a(lhered to th(- letter of the law in justification of his action, citing Statutes at Large on which were hased the general orders de- fining the scope and limitations of his authority. He quoted that pat-t of the resolution of 1866 which seemed most pertinent to his argument, and under- scored in his quotation the words clueing the wai- of the iebellion. This opinion was amplified in chic an- nual report of Cemeterial Bi'anch, QMGO, stating that "it was deemed impracticable to provide suitable bur- ial places throughout the country for the many hun- dreds of thousands of veterans that might avail them- selves of such right were it found to exist.'' General-in-Chief Sherman expressed unalterable op- position to the views of the Quartermaster General in a terse bitt devastating statement: ``Surely, when practicable these cemetet'ies should be devoted to the burial of soldiers for all time to come. -` \\rltile sustaining the action which denied burial to the remains of Sergeant Wight, d ndgc Advocate Gen- eral Joseph Ilolt delivered an opinion that fairly well reconciles tin' views of both Meigs and Sherman. In other words, the many loopholes in the law suggested that Congress should clarify the situation by addition- al legislation. Arguing in support of General SI~er- man's indorsetnent, he observed that the Act of 1862 provided that national ietncteries shall he used ``for the soldiers who die in the service of the country,'' This description, he noted, ``clearly includes soldiers dying iii the at-my at atty or all tim-s. tutu nothing is to be found in the Act ,f 1867 which is regarfled as itecessarily restricting this desigtiatiott. - Although the (`alit rov(-rsy enul('(l itt a pa i-i al vs-tory for the Quartermaster General, du'ttyi tig bittial for the titite to deceased vu'teramts of thut' (`ivil \Var, Judge Advocate General I lilt's opitui~uut provided a legal basis for Shu'rttuan `s u-uut(t('ttti(utt that nations I -moe- teries should be devoted to the bitt-tel of soldiers fat- all time to (`((lilt'. As a mattel' of fact, it \vas flue S ct-re to iv of `Var. acting uimtdt-i- aitthou'it~- of the lass- a pp:'oved February 22, 1867, who made the fit-st depa it it' fruits the poliu-7 lie upheld. Iii 1867 lie incorporated the post u'euttetet'y at Fot't Stttith, A `kansas. iii the- tuitional ss-stemn. lran7- (`is-il Wa' dead, it is ti-itt', liii 1 Is-cit u-out-en- trated in this i-etuuetet'y dut'ittg thu t'('ittt('t'muuettt l)t'0- grain. At flit' saute time, it included the retttaitt.s of officers att(l soldiers atul theit' fatitihies who tad hi-cit itttert--d its the old post ccinetet'v bt-tweetu 1819 intl .824, whets the origimtutl stockade was abattdotted. Ru'- i-stabhished tit a itesu site in 1838. l"ot'f Sntith coti- 5 ittcted fm 2:1 yea i-s befot'e thit' outlbreak of luostihities iii 1861 to bury its thu-ad itt flit' Lust t'eituetet'v. Ex- pedieitu'_v, ot u'tuutt'se_ ihictat('d that Ilium' lead Is' itt- ehich-d with those ti the (`is-il `iVa i- Tue Fot't ( i ibsoti 7stufiotittl (`eitu('teu'v. I ttuhiuutt `l'u't-t-i- tot-y (toow- ( tlduthottia 7, pt'esetsts anothtet' ease in poitit. Fouuttdu-d iii 1824. uutt(l go t't'i.sotse(l fot- ses-et'al yeutrs by the 7th [ttited States Ii faith iv, Foil ( ihstin s('t'veel itS uu ft-out iet- post iii his' ui-a it ttt' the Cherokee (-olttit my. The itatiottal u'emttetei-v was (`stahl she'd in 1 8(78. largely The uucc,tusputityisg article is thu food/i of a series sit thur dcuelapwteuul of i/u muaii'ttual i'ren'Ier~/ system. 7/ic Jilt/u, ut/tie/u till uu)tjucar itt i/ti `(it i('(tt bee-December issue, sill I race i/tune lr(tnalorstalisnu i/tat icere iiidi- lu-a/a/ to thu tm/ion's jmrlieipuutiss in Iso world sears. 9 125 A recent view of Fort Smith National Cemetery where re mains of ohd frontier post burial ground were reinterred otter the Cia/h War. 85-382 0 - 73 - PAGENO="0130" with a view to reinterring the scattered remains of Civil War dead and partly for the purpose of receiv- ing the remains of abandoned frontier posts. By 1872 there were 2,123 burials~at Fort Gibson, mostly the remains of soldiers who had died prior to the Civil War. These included the remains exhumed from the old post cemetery and reinterred in graves which form a circle around the flag staff of the Na- tional Cemetery. Headstones in this honored Circle mark the graves of three lieutenants of the 7th Infan- try who died in 1831. John W. Murray, Frederick Thomas and Thomas C. Rockway. Several women and children occupy graves in the Circle: Flora Coady Rucker, a Cherokee princess and wife of Lt. Daniel H. Rucker. later to become Quartermaster General of the Army, died January 26, 1845; Tala- hina, the Indian maiden who was wedded to General Sam Houston during his sojourn among the Chero- kees; Alice Rockwell, died 1842; George Graham, soil of Lieutenant Colonel Graham, died August 1. 1842; Hiram R., son of Commissary Sergeant F. H. Read, died 1846. Remains of Indian Scouts were included among reinterrnents ill the national cemetery. Their fame is perpetuated by inscriptions on the headstones that mark their final resting place. Among these are Kah-Yer-Skow--He. Billy Bowlegs. Good Dollar Young Bird and Woodpecker Joe, During the next year Secretary of War William W. Belknap informed General Meigs that he had made arrangements for removal of the remains of his fath- er, General Belknap, from the post cemetery at Fort Washita to the cemetery in Keokuk, low-a. In the same communication he stated that he had reason to believe that the remains of officers and soldiers and their families are buried at the abandoned posts of Forts Arbuckle and Washita. and that "I would be pleased to have you make arrangements for the re- inoval, at about the same time, of the remains of such soldiers and their families as may be buried at these two posts to the national cemetery at Fort Gibson, I. T." Precedents established at the Fort Smith and Fort Gibson National Cemeteries really amounted to an admission that traditional practices determining bur- ial at post cemeteries had exerted considerable influ- ence in modifying the policy that sought to restrict interment in national cemeteries to Civil War dead, That is, the new- cemeterial system could not ignore the force of tradition invested in the old one. As stated at a later date in conceding the right of burial to w-ives and minor children of officers and enlisted men, this tradition was inherent in the fact that the Army had always recognized the family relationship, as manifested in the construction of quarters at mili- tary. posts and the provision of burial space for offi- cers, and enlisted men and their families. A new turn was given in 1873 to the accumulation of precedents by establishing the national cemetery at Fort McPherson and admitting the Mexico City Cemetery into the national system. Both, of course, looked to the past, one to the Mexican War, the other to armed encounters with Indian tribes in an area far removed from operational theaters of the Civil War, In this latter connection, the Quartermaster General remarked: "A new- national cemetery is being estab- lished at Fort McPherson, Xebr., to which bodies of those who have fallen in the Indian fights of that fron- tier and been buried at neighboring posts, abandoned with the progress of settlement, are to be removed." Any distinction that may have been drawn in iden- tifying the national cemeterial system with wars prior or subsequent to the struggle for preservation of the~ Union seems to have had little significance in the sphere of policy making. Six years latel- a turn to- i~, ~ ~ ~ ,c~~YIi~- :.~ -,~ 1k, - ~ ~ --~:-~ 126 nd~an scouts of old southoestern fronOer o'ere accorded honor of burial in the officers too at Fort Gibson National Cemetery, 20 PAGENO="0131" 127 ward the future was made as a matter of course when Headquarters of the Army published in orders (GO No. 78, 1879) that "the ground known as the Custer Battlefield, on the Little Big Horn River, Montana Territory,, is announced as a national ceme- tery of the fourth class." Meanwhile Congress had taken steps to remove burial restrictions applying to Civil War veterans, as well as to classifications that would nowbe described in Army terminology as the "current dead." The Army appropriations Act of 1870 included in the gen- eral and incidental expenses of the Quartermaster's Department an allowance "for expenses of the inter- ment of officers killed in action or who may die when in the field, or at posts on the frontier, or at posts and other places when ordered by the Secretary of War, and of non-commissioned officers and soldiers." The following year Congress made a feeble effort toward satisfying demands of the Grand Army of the Republic in the matter of extending burial privileges in national cemeteries to Civil War veterans. An Act approved June 1, 1872, provided that "all soldiers and sailors of the United States, who may die in desti- tute circumstances shall be allowed burial in the na- tional cemeteries of the United States." Like most timid gestures of appeasement, this Act only incited the powerful veterans organization of that day to a furor that demanded nothing less than unconditional surrender. Bowing before a storm of criticism that denounced an attempt to transform the national cemeteries into potter's fields, Congress has- tened to approve the Act of March 3, 1873, providing: That honorably discharged soldiers, sailors, or ma- rines, who have served during the late war either in the regular or volunteer forces, dying subsequent to t/se passage of this Act, may be buried in any national cemetery of the United States fres of cost, and theIr graves shall receive the same care and attention a.s the graves of those already buried. The production of the honorable discharge of the deceased shall be authority for the superintendent of the cemetery to permit the interment. The memorial aspect conferred on national céme- teries largely by reason of their location came to he regarded in the minds of thousands of visitors who attended Memorial Day rites as a primary justifica- tion for existence of the system. This may explain the fact that announcement of the establishment of the Custer Battlefield as a national cemetery was ac- cepted as a development of no extraordinary impor- tance. Yet this decision reflected an attitude that sub- sequently admitted without question or debate both the dead and deceased veterans of the Spanish-Amen- call War to the national cemeterial system. Three distinct phases of cemeterial development. during the period should be examined. One was the westward projection of national cemeteries which~car- ned units of the system into the upper Rio Grande Valley and to the Pacific Coast. In 1875 national cemeteries were established at Santa Fe, New Mexico, and Vancouver Barracks, Washington Territory, for the purpose of receiving the remains from abandoned posts in those territories. In the case of Santa Fe, it should be noted that remains were concentrated from burial grounds containing dead of the Mexican and Civil Wars as well as those from later conflicts with the Indians. Vancouver, in contrast, occupied the status of a national cemetery only so long as the re- interment of remains from abandoned stations of that territory was in progress. Thereafter it reverted to the rank of a post cemetery. With the same purpose in mind, the San Francisco National Cemetery was established in 1884 within the reservatioii of the Presidio of San Francisco. Due, however, to its metropolitan location and adjacency to the San Francisco Port of Embarkation, this ceme- tery was destined to a phenomenal growth, attaining on the eve of World War II a position second only to Arlington in the number of its interments (20,306). Perhaps the most interesting and significant devel- opment in the whole process of adapting the national cemetenial system to conditions of the Indian frontier is illustrated by a movement of remains in 1886 from Fort Craig, New Mexico, to the Fort Leavenworth National Cemetery, Kansas. Completion of the Atchi- son, Topeka and Santa Fe Railroad between Kansas City and the Rio Grande in 1882 had deprived the cemetery at Santa Fe of much of its usefulness as a concentration place for New Mexico and Arizona. Al- though this cemetery was not far distant from the nsain line, it was deemed expedient in 1886 to ship the Fort Craig remains over a much greater distance by direct rail communications. The second phase of development during the period under review relates to the impact of liberalized burial regulations, notably the Act of 1873. Ten years later, representations were made by the War Department to Congress, calling attention to this situation and pro- posing a special appropriation for enlargement of the Cypress Hill National Cemetery, near New York City. In presenting its argument the War Department made a remarkably accurate estimate of the proportional number of living veterans who would elect to he buried in a national cemetery--one tlsat has persisted without serious deviation to the present day. Objections by Congress to the price asked by the Cypress Hill Cemetery Company for the desired tract led to the purchase of 14 acres outside the company limits. This addition, with the subsequent acquisition of four more acres, met burial needs of the New York Metropolitan Area until 1941, when the Cypress Hill National Cemetery attained 17,852 burials, giving it third place in the system, following San Francisco which enjoyed all the advantages of Cypress Hill with- out the competition offered by Arlington and other national cemeteries in the East. Similar provisions were made for additional burial space at the Loudon Park National Cemetery, near Baltimore, Maryland. Attention thus focused on metropolitan areas corrected an unsatisfactory situa- 21 PAGENO="0132" 128 tion at Philadelphia. Here, since 1862, the so-called national cemetery has consisted of nine leased lots in seven privately owned cemeteries within the city. In 1885 the War Department acquired a 13-acre tract on the Limekiln Pike and concentrated all remains from their original burial places into the newly estab- lished Philadelphia National Cemetery. Remarkable progress toward completing a long- range program of physical improvement characterized the third phase of development during the eighteen eighties and nineties. Briefly, burial grounds that first presented an unsightly appearance of bare mounded graves, wooden headboards, picket fences and frame buildings had been transformed by struc- tures of iron, stone and marble. With landscaping projects adapted to each locality, the national ceme- teries gradually assumed an aspect of stately parks, adorned with shrubs, trees, gravelled paths and drive- ways and vistas of shaded greensward carpeting the mounded graves. The attraction exerted by these improvements prompted the construction of access roads to many cemeteries from nearby cities. On the whole, Congress was liberal in its appropriations for such projects. As illustrated in the case of Vicksburg and Chattanooga, supplementary funds were provided to cover unfore- seen construction problems and to correct faulty esti- mates. Arlington, however, suffered the disability of having no elected representatives to champion its cause. In 1881, while surveys for the access road to Chattanooga were in progress, General Meigs stressed in his annual report the desirability of improving the road to Arlington Cemetery, on account of its prox- imity to the Capital and the consequent large number of visitors. The Office of National Cemeteries was more explicit in its supporting report. The roads to these places, namely Vicksbu-rg, Fo,-t Scott and Chattanooga, when completed, will afford easy access to the cemeteries which are much visited. The number of visitors, however, is much less than at the national cemetery at Arlington, near this city, which can be reached only b~ a very bad, and, in winter, a dangerous road. Light vehicles have not in- frequently been mired immediately in front of the cemetery, and, although this journey to a place that cannot fail to be of so muck interest to the visitors to the National Capital i.e made only under serious dis- comfort. Although Congress, in 1887 and 1888, authorized the construction of access roads from Alexandria, Louieiana; Danville, Virginia; New Borne, South Carolina; and Natchez, Mississippi, to nearby ceme- teries, Arlington was listed by the Quartermaster Gen- eral in 1889 "among the national cemeteries to which permanent means of approach has yet to be provided by Congress." Then, in 1893, Quartermaster General Batchelder made an eloquent plea in behalf of a pro- jected bridge over the Potomac, connecting the Vir- ginia shore with a point near the terminus of New York Avenue. "Few cities," he urged, "have so fine a park contiguous to their borders. Arlington Ceme- tery, where so many heroes lie buried, has in a large measure become like Great Britain's Westminster Ab- bey, the nation's `Valhalla'." General Batchelder's proposal was written three years later into a bill sponsored by Senator Fry, of Maine, and describing a memorial bridge which would give a direct route from Washington to Arlington. Cemetery and Fort Myer. Passed by the Senate, this farsighted measure died in the House of Representa- tives. Not until 1932, when the Memorial Bridge linked Arlington with the Mall and Tidal Basin, em- bracing in a scheme of magnificent architectural unity Lee Mansion, Lincoln, and ,Jefferson Memorials, the Washington Monument, Grant's equestrian statue and the Capitol building, did General Batchelder's dream come to fruition. Meanwhile, in 1898, the United States Went to war with Spain and sent three expeditionary forces beyond the seas, one to Cuba, another to Puerto Rico and a third, with reinforcing contingents, to the Philippine Islands. In 1900 an elite force of regulars sailed from Manila to join the Allied co1umn that marched to the relief of the beleaguered legations in Peiping. The decision to bring back to their homeland the dead of these far-flung battlefronts, marks a new era in the history of American burial policy. The transi- tion was fully appreciated by Quartermaster General Marshall I. Ludington in his comment on the return of 1,122 `remains from the West Indies during 1899. It seems proper to remark here that this is probably the first attempt in history where a country at war with a foreign power has undertaken to disinter the remains of its soldiers who . - - had given up their lives on a distant foreign shore, and bring them by a long sea voyage to their native land for return to their relatives and friends, or their reinte,-ment ice the beau- tifnl cemeteries which have been provided by our gay- erument for its brave defenders A firh,g squad salutes fallen comrades. 22 PAGENO="0133" 129 National Cemeteries and * * * * * * * * * *~* * * * * * * * * * * * Memorials in~ Global Conflict ****************-********** By EDWARD STEERE S APTLY stated by Quartermaster General M. I. Ludington in 1899, the return of Spanish Ameri- can War dead from Cuba and Puerto Rico for private burial by their relatives, or for reinterment at publiè cost in a national cemetery, was probably without precedent in world history. While true in the sense implied, the General wisely avoided a sweeping state- ment of fact. The Athenians, it will be recalled, erected. "tro- phies" on the sites of victorious battles and supported a state sepulcher in the suburbs of their city for pur- poses similar to those now served by Arlington on the Potomac-and by 97 other national cemeteries extend- ing from the Narrows of New York to the Golden Gate and westward over the Pacific in Honolulu. Yet primitive means of carriage in ancient times per- The St. Mihiel American Cemetery near Thiaucourt. France. mitted burial to onlya small proportion of war fatal- ities in the Athenian sepulcher, giving this hallowed place more the aspect of a memorial to the heroic dead than a public cemetery in which all who gave their lives in defense of the state might expect to find a final resting place. The American system of' national cemeteries offers this last consolation. Whatever the comparison between the efforts of ancient Athens and modern America to pay proper homage to their warrior dead, the -historian may just- ]y contend that a valid precedent for return of re- mains to their native soil had already been created by the post Civil War reinterment program of 1865- 70. Although no problem of ocean transportation was then involved, exhumation from battlefield burials in territory previously held by the enemy and reinter. ment in the consecrated ground of a national ceme- tery established such a precedent. Its extension to areas outside the continental domain awaited only the circumstances of war requiring the employment of American arms beyond the seas. The manner in which the United States Govern- ment accepted this precedent in 1898 was quite as significant as the act of acceptance. Recognizing that the passage of time from months to years between burial on battlefields of the Civil War and accurate registration of these graves had resulted in a large number of unknown dead. President McKinley in- structed the Secretary of War to effect as soon as pos- sible the location and marking of all military graves in the Cuban theater of operations. Early in August 1898, within less than two months after the storming of San Juan Hill, Mr. D. H. Rhodes, a Quartermaster Department official long associated with the administration of national ceme- teries, undertook the task and brought it to comple- 23 PAGENO="0134" tioti during September. Rhodes then organized the Quartermaster Burial Corps. a unit composed of civil- ian morticians and assistants, and directed the disin- terinent and shipment of remains to the United States. On April 27, 1899, the Army transport Crook docked at New York with 747 bodies from Cuba and Puerto Rico. In all, 1,222 casketed remains were returned to the United States by June 30. 1899. Gf this total 13.63 percent were unidentified-a notable improvement over the percentage (42.5) of Civil War unknowns. After completion of its mission in Cuba an(l Puerto Rico, the Burial Corps, with D. H. Rhodes in charge. embarked for the Philippine Islands to exhume the military dead in that archipelago and prepare the remains for shipment to Manila. Meanwhile Maj. Gen. E. S. Otis, commanding the Department of the Phihp- pines, had instructed Chaplain Charles C. Pierce to establish and direct the United States Army Morgue and Office of Identification at Manila. Staffed by military personnel of the department and subject to orders of the departmental or theater commander, the two units directed by Chaplain Pierce had the basic organizational character- istics of a present-day theater graves- registration service. At the same time. the Quartermaster Bsirial Corps. which was composed entirely of civilians and reported to the Quartermaster General. performed all graves registration duties within the department excepting those expressly assigned to Chaplain Pierce. While scarcely in accord with [nite:l States military doctrine which now for- bids any expedient that tends to pro- .duce division of authority in an active theater establishment, this anomalous re- lationship had a double justification: care of the dead and return of remains to the United States were eondsscted simultaneously. There can be no doubt that both D. H. Rhodes and Chaplain Pierce were responsible for a further reduc- tion in the percentage of unknowns. During 1901 only 9 of the 1,384 remains shipped from Manila to the United States were unidentified. Where Rhodes again demonstrated in his field work that a high score in identification was dependent on reducing to a mini- mum the period between burial and registration of the grave, Pierce demonstrated in his achievements at the Office of Identification an equally valid principle. In proposing the adoption of an aluminum identity (lice as an item of the field kit, and in vigorously in- sisting that the collection and processing of all mor- tuary reports and related service records should be- come the responsibility of the central office, he en- visioned the administrative apparatus for conducting identification on a scientific basis. The number of remains returned during the years 1899-1902 from overseas theaters involved in the Spanish American War, the Philippine Insurrection 130 The main drieemay te the Meme,ial Chapel at the Aisee-Marne American Cemetery near Belleau, Prance. * * * * * ** * * * * ** * * * * ** * * * * ** * * * The Messe-Argonne American Cemetery near Remagne-sosss-Mentfaucon, France. .1 ,,,r,~.,,c 1O,'tl' .lfec,:,eenfa Pemm(,.ni,os 24 PAGENO="0135" 131 The accompanying article is the fifth on the devel- opment of the national cemetery system. The sixth, which will appear in January-February 1954 issue, will conclude the series with a discussion of present- day problems. and the North China Expedition reached an approxi- mate total of. 5,931. Of this total 1,336 were interred at Arlington, while the San Francisco National Ceme- tery received 1,922. The residue were sent to relatives for burial in private plots or nearby national ceme- teries. During the same period (1899-1902) there were 8,897 interments in all national cemeteries, in- cluding Civil War veterans, overseas dead and a small proportion of those who died in camps during, the brief mobilization of 1898. It is obvious that battle casualties incident to America's first thrust as a world power beyond', her continental shores did riot impose a serious tax on available grave space in the national system. Indeed, the record of interments year by year would indicate that future expansion of the system must be directed primarily toward the accommodation of living ~et- erans who had been accorded the right of burial, and only incidentally for interment of the war dead. The Spanish American War and Philippine Insurrection, for instance, brought an increase of some 400,000 "eligible veterans " Even if it is assumed that no more than ten percent of these veterans might claim the privilege, the eventual total of interment would be four times the number of fatalities (10,680) from all causes suffered at home and abroad during those wars. Notable improvements in provision for care and final disposition of remains, were furthered by two revolutionary innovations in American military or- ganization. Establishment of the War Department General Staff and the Army War College in 1903, to- gether with provision for the development of a Gen- eral Staff Corps, furnished the elements of a modern command system. At the same time, steps were taken toward solving the increasingly complicated function of logistical support by assigning responsibility to the G-4 Section of the General Staff for planning and supervision of matters relating to procurement, sup- ply and evacuation. Then, in 1912 the Quartermaster Department was reconstituted as a Corps and put on a military basis, with special service companies taking over many activities heretofore performed by civilian employees or details from the line. In keeping with the logic of this organizational scheme, the Quarter- master Graves Registration Service Company, ,as authorized by War Department General Orders No. 104, August 7, 1917, became the functional successor to D. H. Rhodes' Civilian Burial Corps. Employment of the new command system in war not only eliminated many such divisions of authority as had characterized care and disposition of remains during the Philippine Insurrection, but provided, a more efficient field service organization for execution of the command responsibility in these respects. Briefly, theater commanders virtually abolished the lag of time between original burial and registration of the grave by having at their disposal a specialized service which effected the evacuation of remains from an active battle front to temporary military ceme- teries in the rear, where registration of the grave accompanied original burial. Under direction of Charles C. Pierce, who was recalled from retirement and commissicened Major (later Lieutenant Colonel) in the Quartermaster Corps, the Graves Registration Service of World War I reduced the percentage of unknowns to less than three bodies (2.2 percent) for every hundred recovered. In World War II condi- tions of combat interposed new difficulties to proc- esses of evacuation and identification, giving a com- parable figure of 3.7 for that struggle. In examining the impact of two world wars on the national cemetery system, one is confronted by three basic considerations. In the first place, continuous improvement in the organization and operating proce- dures of theater graves-registration services reduced the number of temporary burial places and thereby facilitated the final disposition of remains. Again, refinements in processes of body identification by sup- plementing such standard devices as the finger print and tooth chart with highly complex laboratory tech- niques tended, at least, to offset the destructive power of new weapons that otherwise would have created another category of "unidentifiables." Finally, steam and motor transportation by land, sea and air abol- ished every serious obstacle to the carriage of war remains from theaters in remote quarters of the globe to established cemeteries in the homeland. It there- fore followed that the distribution of thousands of remains in temporary burial places no longer deter- mined the location of cemeteries designed to serve as final resting places for the war dead. If experience of the Spanish American War and Philippine Insurrection furnished any sort of clue, it seemed inevitable that these circumstances should, at the end of World War I, have imposed the burden of a sudden and unprecedented number of burials on the national cemeteries. But an unforeseen attitude of mind worked against any such expectation. Con- trary to the belief that a vast majority of next of kin would desire the return of their dead, a large minor- ity - forty percent of the whole - were swayed by the same motive that impelled the Athenians to depart from their traditional burial policy and, according to Thucydides, make an exception of those slain at Marathon, "who for their singular and extraordinary valor were interred on the spot where they fell." Theodore Roosevelt echoed these sentiments when he said that no higher tribute could be paid to the mem- ory of his son' Quentin and to thousands of his com- rades in arms than the honor of burial in the soil where they fought and died. A poll of the next of kin decreed that 31,591 dead 25 PAGENO="0136" 132 would remain in Europe, while 46,520 were to be re- turned to the United States. But of the latter not more than 12.5 percent, or approximately 5,800, sought burial in national cemeteries. In other words, interments in the cemeteries established abroad were about seven times the number laid to rest in the na- tional cemeteries at home. These decisions imposed on the War Department a three-fold responsibility. The first demanded imme- diate action in returning three-fifths of the war dead to the United States. The second required that prompt steps should be taken to plan and prepare suitable burial places for those remaining in Europe. Involving matters of no immediate concern, the third suggested study of a long-range program whereby expansion of the national cemeterial system would be geared to future requirements of some five million living veterans and such of their dependents as were eligible by law for burial. The first responsibility and a considerable part of the second was discharged by the American Graves Registration Service (AGR.S), a special organization established within the Quartermaster Corps. A large field force designated as the AGRS. QM.C., in Europe, Col. H. F. Rethers commanding, prepared the remains for shipment to the United States. The return program reached an a sesame culmination in the ceremonious entombment of the Unknown Soldier at Arlington in 1922. At the same time, Colonel Rethers carried forw-ard the concentration of bodies destined for burial abroad in five locations tentatively selected as sites for United States military cemeteries. Where the Civil War cemeteries were planned without conscious regard to the memorial aspect, be- ing intended originally as simple burial places, the World War I military cemeteries in Europe were, with surrounding park areas, conceived as both memo- rials and burial places and developed in accordance with clearly defined principles looking to classical simplicity of design. These principles were embodied in a set of master plans which prescribed nsemorial and utilitarian features, landscaping, space utiliza- tion and access roads. Then, supplementing the speci- fications common to the system as a whole, the detailed plan for a particular cemetery was drawn in refer- ence to the given number of remains assigned for burial in that cemetery. Acting largely on suggestions of the National Com- mission of Fine Arts, a board composed of Assistant Secretary of War J. M. Wainwright, General of the Armies .John J. Pershing and Quartermaster General II. L. Rogers affirmed the locations recommended by Colonel Rethers and designated two additional sites for United States military cemeteries. Another, mak- Gig eight in all, was subsequently added. One, ad- joining the civilian cemetery at Brookwood in Surrey County, England. would harbor -the remains of serv- icemen who (lied in the United Kingdom and, con- trary to policy applying to military cemeteries on the Continent, would continue to inter remains of mem- bers of the Inited States armed forces who might at any future time die in the British Isles. The final list included five cemeteries - Suresnes, Aisue-Marue, Somme. Oise Aisne and Flanders Field - identified with areas in which untried American divisions assigned to British and French commands stood shoulder to shoulder with their veteran Allies in stemming the last violent onslaught of the 1-lohen- zolleru armies and then joined in the victorious counter-attack. Two-St. Mihiel and Meuse-Argonne - recall triumphs in sectors confided by the Allied Generalissimo to the American Commander-in-Chief. Secretary of War John `sT. Weeks prepared the draft of a bill describing the composition and duties of a commission which would be enspowered by Con- gress to perform the following functions: To prepare plans and estimates for the erection of suitable memorials to mark and commemorate the scm-circe of American forces in France, Belgium and italy, and to erect these memorials at such places - (15 the commission shall determine, prOrided: That before any design or materials for such purposes is accepted by the commission, the said design or mate- rial shall l)e approreel by the Jational Commission of Fine Arts. This proposal was written into an act approved March 4. 1923. creating the American Battle hunts- meuts Commission (ABMC). How-ever. Congress re- moved the commission from War Department control by requiring that all commissioners should be ap- pointed by the President. Accordingly. General of the Armies Pershing became Chairman and served in this capacits- until his death in 1948. For the rest, the commission was composed of six civilian members, with Major Xeuephon II. Price. Corps of Engineers. now Colonel, USA Ret., serving as Executive Secre- tary. Major Price established the coninsission's field office at I'aris and, in close collaboration with the Chief. AGRS, QMC, us Europe, directed all engineering aspects of the memorial program. The policy govern- ing this enterprise was based on a division of func- tions between two separate authorities. ABMC was to erect permanent headstones, construct utility build- ings, chapels and other memorial features in the ceIne- teries and park areas and develop markers and other visual aids to supplement an elaborate guide book for the benefit of tourists visiting the battlefields. The War Department, acting through the AGES in Eu- rope, or a successor organization, would assume re- sponsibility for maintenance of the memorials upon completion and transfer to the War Department. In October 1933, after the chapels and monuments were so near completion that maintenance w-as taken over by AGRS, it w-as recommended that a new or- ganization to be know-is as the "American War Me- morials in Europe" should supersede the American Graves Registration Service and, on January 1, 1934, assume responsibility ummder the Secretary of War for administration of permanent military cemeteries and nsonuments in Europe. While approved and briefly given effect, this ar- 26 PAGENO="0137" 133 rangement was terminated in consequence of Execu- tive Order No. 6614, issued February 26, 1934, which required that all functions of adnsinistration pertain- ing to nafional cemeteries and memorials, located in Europe be transferred from the War Department to the American Battle Monumeiits Commission. Accord- ingly, the Chief, American War Memorials in Europe, was instructed to complete the transfer by April 27, 1934. - With completion of this act, the permanent overseas cemeteries passed from jurisdiction of the War Dc- partinent and operational control of the Quartermas- ter General. While ser~'ing the purpose originally sought in establishing national cemeteries for burial of the Civil War dead, the military cemeteries beyond the seas became a separate and self-contained system. Administered by an authority enjoying the great prestige of the General of the Armies and reporting directly to the President, the new system succeeded in giving permanence to its separation from the old one. During the interval of peace between the two world wars, Congress gave some attention to the problem of expanding the national cemeterial system. Discussion of measures supported largely by the Anserican Legion revealed that planning for future needs was to be determined, not by the number or distribution of war dead, but rather by the great centers of popula- tion in which living veterans, their wives and minor dependents were merged. Ambitious proposals con- tributed, at least to the addition of seven cemeteries to the national system, including Long Island near greater New York, Golden Gate close to San Fran- cisCO, Fort Snelhing within the metropolitan area of Minneapolis and St. Paul, and the Baltimore National Cemetery at Baltimore, Maryland. While meeting current demands, these additions may be character- ized as a cautious step rather than a bold stride to- w-ard the future. Since consideration of the matter was resumed w-ith a greater sense of urgency during World War II, only to be dropped after the conclu- siois of hostilities, it is proposed to reserve the final paper of this series for an examination of the problem in its maisy aspects. World War II burst w-ith even greater fury than the first titanic conflict between the Great Powers. America called approximately 15,000,000 men to the colors and, expressed in round figures, suffered 359,000 fatalities, of w-hich 281,000 were recovered and given burial io. temporary theater cemeteries. Congress einpossered the Secretary of War to make, within cer- tain limits, such disposition of these dead as the next of kin might direct. This task was delegated to The Quartermaster General, who established self-contained AGRS commands within those areas that had been assigned during hostilities to overseas theater estab- lishments and caused a poll of the next of kin to be taken. Reaction in this instance was similar to the one following World War I; approximately three- fifths of the war dead were to be returned to the United States and two-fifths left abroad. In all, some 171,000 casketed remains wet-c delis-- ered to next of kin in the United States. Of this total, 134,000 were interred its private plots, while 37,000, or about 20 percent of the whole, went to national cemeteries. At the same time, approximately 97,000 dead were, according to w-ishes of next of kin, buried abroad. This latter figure, it should be explained, in- cludes about 14,000 remains which were interred in three national cemeteries - Honolulu, Putrto Rico and Sitka - outside the continental limits of the United States. Numbering 10,009, the unknown dead found their final resting place in military cemeteries beyond the seas. The vicissitudes of w-ar and peace had altered old relationships between the AGRS and ABMC when consideration was first given to the problem of pro- viding burial places for those of the World War II dead that might be interred in the overseas theaters. After dissolution in 1934, the AGRS had been re- vised by war. Meanwhile, the Germais ocfupation of w-estern Europe prevented ABMC from exercising control over all its cemeteries excepting Brookwood in England. Then, early in 1945, before the recession of German conquest restored these cemeteries to ABMC, the War Department, sensing the wishes of next of kin and influential members of Congress, for- mulated its basic plan for final disposition of the war dead at home and abroad. Acting in this connection as the planning agent of the War Department, the Memorial Division not only recognized the divorcement of military cemeteries abroad from national cemeteries at home, hut insisted that those established for the dead of World War II. should be separate and apart from the group identi- fied with World War I. In keeping with this logic, 14 permanent military cemeteries were developed by various AGRS overseas commands and progressively transferred to ABMC upon completion of burials between July 1949 and June 1951. Like those of World War I, each one of the ncsv system is rich in historic association - Cam- bridge in England, Margraten in holland, Henri Chapelle and Neuvihle-en-Condroz in Belgium, Hamni in Luxembourg, five in France, including St. Laurent which overlooks the Normandy beaches where Ameri- can, British, and Canadian troops stormed ashore to open Eisenhower's invasion rbute to the Elbe; two in Italy, Florence symbolizing the final triumph of the Fifth Army and Nettuno recalling its heroic stand in the Anzio beachhead; one at Tunis where Hitler's dream of an African empire perished and near the ancient battlefield where Scipio Africanus overthrew- hannibal, the Carthaginian; and lastly, Fort Mc- Kinley, in the suburbs of Manila, where MacArthur brought his epic march from Port Moresby to a vic- torious culmination. Memorial Division planners took pains in drafting the plan of 1945 to justify the greater costs for con- struction and perpetual maintenance of military 27 PAGENO="0138" 134 cemeteries abroad in comparison to those which would be ultimately involved in returning the war dead to the homeland for burial either in private plots o~ in national cemeteries. They stated: "Final ~ispQsition of our soldiers' remains, in accordance with the wishes of their loved ones, is an inherent obligation of the Government as a final gesture of a grateful country to those who paid the supreme sacrifice." National Cemeteries aNd Public Policy * * * * * * * * * * * * * * * * * * * * * * * * * * * ** By EDWARD STEERE GROWTH of the American system of national ceme- teries has been conditioned from its beginning in 1862 to the present day by cross currents of execu- tive action and legislative regulation. When the guns of Sumter called a national army into existence, both the War Department and the Congress took steps to insure that all who gave their lives in defense of the Republic should be interred in individual graves with registered headboards. Congress, sensitive to the influence wielded by the Grand Army of the Republic, extended in the act of March 3, 1873, the right of burial to all honorably discharged veterans of the Civil War. The War De- partment, confronted after 1865 with burial problems arising from two decades of conflict with Indian tribes in. the western territories, established additional na- tional cemeteries and thus destroyed the complete identity of the system with the Civil War. Interment of those who fell beyond the seas in the Spanish American War followed as a matter of course the practice invoked on the Great Plains. Then, on June 11, 1899, the Secretary of War extended in an ad- ministrative interpretation of existing law and cus- tom the right of burial to honorably discharged vet- erans of the conflict c'~ith Spain. Congress, 21 years later, gave this pronouncement the full force of law, and extended its provisions to the veterans of all wars, in the act approved April 15, 1920. In the process of liberalizing requirements for burial it cannot be said that the War Department has acted as a restraining influence on the Congress. While opposing the law of 1873, the Department established a precedent for extension of the right to veterans of all wars. Then it took the initiative in opening pp a large area which may be described as "second degree eligibility," that is, eligibility conferred by virtue of the family relation and, as now reckoned, amounting to 80 percent of first degree eligibles. By the end of World War I the practice of interring wives beside or with the remains of their soldier husbands had be- come general. Special requests for the interment of minor dependents and dependent adult daughters were seldom denied. These additions to the law governing eligibility had not as yet caused any of the grave consequences pre- dicted by the War Department in its opposition to the act which extended eligib lity to Civil War veterans. During the years 1873-191 national cemeteries offered little attraction as burial places to Civil War veterans. A large majority resided in remote rural communi- ties; many joined in the westward migration. Less than 3.5 percent of all eligible veterans, including those of the Spanish War, used the privilege. Extension of the burial privilege to the dead and surviving veterans of World War I did not immedi- ately impose an insuperable burden on the national cemeteries. Of the 46,520 remains returned after 1919 to the United States, an estimated 12.5 percent, or approximately 5,300, were interred in national ceme- teries. This is considerably less than the total of in- terments (8,760) during the five peaceful years from 1907 to 1912. But the 5 million veterans who acquired eligibility by the law of April 15, 1920, posed a prob- lem that could not be long ignored. The problem, indeed, was harnessed to forces that were rapidly completing the transformation of Amer- ica from a_rural to an urban society. Between 1860 and 1890 the ratio of urban to rural dwellers rose from one-sixth to one-third. In 1930 the two elements reached an even balance. Thereafter, the rate of in- crease of urban over rural communities proceeded at a greatly accelerated pace. By 1950 there were 151 urban centers, each having a population in excess of 100,000. The 14 leading metropolitan ateas contained over 42 million, a figure considerably greater than the combined population of the North and South in 1870, when reinterment of the Civil War dead was brought to completion. The War Department was not remiss in appreciat- ing the attractive influence of location at a growing metropolitan area. It was estimated as early as 1883 that 10 percent of the veteran population in and near New York City would probably seek burial in the Cypress Hills NatIonal Cemetery. A similar situation applied during the next decade in the San Francisco area. Provision from time to time for enlargement of 28 PAGENO="0139" 135 Cypress lulls and the San Francisco National Ceme- tery reveals a disposition on the part of the War De- partment to make provision within the system for the accommodation of veterans. Yet the trend toward urbanization, together with the addition of 4,757,240 World War I veterans, imposed complications that remained unsolved until World War II compounded the problem by contributing some 15 million addi- tional veterans. A survey of available grave space in 1929, just as a balance was struck between urban and rural dwell- ers, disclosed that 84 cemeteries in the national system afforded 190,922 grave sites. At the current rate of 2,779 burials a year, this space would last until 1993. While reassuring at first glance, the survey also re- vealed that a majority of burials took place in nine national cemeteries which were located in metropoli- tan areas, and which offered approximately 80,000 grave sites, or less than one-half of the available total. Moreover, 58,000 of these sites were situated in Ar- lington and Soldiers' Home, leaving 22,000 to accom- modate the veteran population in other inetropolitasi areas. The survey of 1929 and a series of related studies induced the War Department to recommend appropri- ations (luring the next decade for seven additional na- tional cemeteries. The seven were established as fol- lows: Fort Sam houston (San Antonio, Texas), 1931 Fort Rosecrans (San Diego, Calif.), 1934; Long Is- land (Farmingdale, L. I., N. Y.), 1936; Fort Bliss (El Paso, Texas), 1936; Baltimore (Baltimore, Md.), 1936; Golden Gate (San Bruno, Calif.), 1938; Fort Snelling (Minneapolis, Minn.), 1939. It will be rioted that Long Island, Golden Gate, Baltimore, and Fort Sam Houston were intended to supplement or expand existing cemeteries, while Fort Rosecrans, which was established at San Diego upon request of the Navy Department, and Fort Bliss at El Paso were designed to meet current burial needs of the Armed Forces. Only in the case of Fort Snell- ing was location dictated entirely by an intent to accommodate the veteran population of a large metro- politan area. Fort Snelling, therefore, niarks a point of departure in cemeterial policy which, carried to completion, would divorce the system from its original purpose by transforming the burial privilege accorded veterans to a recognized right of demanding equal convenience in enjoyment of the privilege. This project was sponsored by the Veterans Coun- cil of Minnesota, a body including members of the Grand Army of the Republic, the Spanish American War Veterans, the Veterans of Foreign Wars and the American Legion. Proceeding on an assumption that the Secretary of War would exercise his authority under existing law to establish the desired cemetery, its sponsors were disconcerted by an ophsiQn of the Acting Secretary, Mr. Ilarry H. Woodring, to the ef- fect that an application of this authority presupponcd the availability of funds and that, since the Depart- ment was obliged to proceed along tlse usual channels 29 to secure an appropriation, it appeared that the mat- ter under discussion was a question of public policy which should be decided by Congress. Senator Henuik Sliipstead ((1(1 Iiel)1e:~eI1tati\e Melvin J. Maas, of Minnesota, thereupon introduced companion bills directing that the Secretary of War establish five national-area cemeteries. In a hearing held May 20, 1936, before a sub- committee of the Senate Committee on Military Af- fairs, Quartermaster General henry (libbins present- ed the position of the War Department. After ieiter- ating the Secretary's nonconcurrence in the bill ``for reasons that he now has under the statutes general authority for the establishment of national cemeteries and for further reasons of econony," the General. ad- mitted under cross-examination that the Department was not unsympathetic toward the idea of making burial facilities accessible to ~`~terans throughout the country- He added: "But the attitude heretofore has been that the War Department preferred to expand existing national cemeteries rather than to multiply the number of these cemeteries.'' War Department oppositioms to the n~tional-area cemeteries project prevailed. Yet the victory was not complete; an act approved June 23, 1936, and amend- ed May 13, 1937, authorized the establishment of a national cemetery on the military reservation of Fort Snslling to seive the veteran population of the St. Paul-Minneapolis area. Mounting pressure for additional national ceme- teries near metropolitan areas during the decade which witnessed inclusion of a majority of the popula- tion in urban centers compelled the War Department to restate its policy in regard to expansion of the system. While still questioning the practicability of furnishing equal convenience to all veterans, The Quartermaster General proposed that the War De- partment should remain neutral, ``limiting its activi- ties to research and supply the Congress the results thereof, giving them all th(- needed information to en- able them to decide." The Senate Committee oms Military Affairs referred 5 948, 75th Congress, to the War Department for comment. The bill authorized the Secretary of War to accept donations of laud from those states in Monument to creW of USS Bennngton, Fort Rosecrans, San Dego. PAGENO="0140" 136 which no national cemetery existed and, upon acqui- sition of such land, authorized and directed him `to establish thereon a national cemetery and to pro- side for the care and maintenance of such national -ernetery.'' The total estimated cost of development ran to $2,500,000, with an annual maintenance charge of $500,000. influenced largely by an adverse report of the Bureau of the Budget, the Secretary of War ad- s-iced that since ``these cemeteries, if established. would be mainly for the benefit of those no longer in the service, it is the opinion of the Department that the question of their establishment is one of general public policy which Congress should decide." Although an act approved June 29, 1938, author- ized the 20 cemeteries proposed in S 948, an incom- plete response of the states in donating lands held the program in abeyance. Three years later, Oregon do- nated a 21)1-acre tract near Portland. In deference; (owes-er, to President Roosevelt's opinion that no lands should be developed for cemeterial purposes (luring hostilities, the Secretary of War deferred ac- tion under the authorization until 1950, when estab- lishment of the Wi]lamette National Cemetery was announced in General Orders No. 1 of that year. Congress took no positive interest in cemeterial matters until mobilization of the forces during World War II approached the 15 million mark, In October 1943 members of the House Committee on Military Affairs, 78th Congress, prepared H. R. 3582, a bill providing for "one National Cemetery in every State and such other national cemeteries in the states, terri- tories and possessions as may be needed for the burial of veterans." Then, desirous of detailed information, the Committee requested that the War Department prepare a report which would include estimates on the total number of veterans eligible for burial in each state, the space required to meet all demands, total costs and "recommendations for execution of plans based upon the proposed legislation." In short, Con- gress invited the War Department to offer advice as well as information. The Department responded in a manner that eons- pletely disavowed the stand it had taken 8 years be- fore in opposing the establishment of 5 national- area cemeteries. On February 7, 1944, The Quarter. master General submitted a study in which he ac- knowledged the obligation "to provide adequate an(l suitable places of burial for all honorably discharged s-eterans" and recommended that 69 new national cemeteries represented ``the minimum number to meet all requirements of H. R. 3582 and the potential veteran requirements.'' The honeymoon of eemeterial nlanning continued over to the 79th Congress. A revised bill, H. R. 516, provided for one national cemetery in every state and territory and such other isational ,`emeteries, or enlargements of existing ones, as may be needed in the states, teri-itories and possessions. An exhaustive report entitled ``National Cemeter- ies. A Study in the OQMG Upon Request of the Com- mittee of Military Affairs, Reference H, R. 516" (Feb 15, 1945) embraced the doctrine that the privi- lege of burial conferred a right to demand equal con- venience in pursuit of the privilege, in justifying its condemnation of the policy that had l)ernlitted place of death in service, rather than future convenience of eligible veterans and dependents. to determine the location of national cemeteries, the report revealed that one-fourth of all burials during the past 5 years had occurred in 61 national c'enseteries remote from populous centers, while three-fourths took place iii 9 (-emneteries enjoying the advantage of location hear metropolitan areas. The OQMG proposed that the required number of new national cemeteries should be detem-mined by that number of population areas in which the distance to a centrally located cemetery would not ordinarily ex- ceed 250 miles. But, since H. R. 516 required tIme allotnient of cemeteries by states, territories and possessions, the actual cali-ulation of potential eligi- bles was based on political divisions. Population areas, how-ever, disregarded state boundaries; southwestem'n Nes-ada, for instance, fell within the Los Angeles area, while most of eastern New- Mexico went to the area in which El Paso, Texas, was the central point. In view of the fact that a 250-mile radisms -deter. mined the number of population areas to be served by a single cemetery, requirements as to burial space were related to the veteran population in these areas. An estunate for World War II veterans was derived from the nunsber of ``Registrants," less an assumed ((umber of war fatalities. The accepted figure stood at 12,394,552, to which 134,415 Spanish American War and 3,897,483 World War I veterans were added, giving a total of 16,426,450. Residence of World War II veterans was determined by place of registration. World War II ``Registrants'' in any state, to.rether with the know-n number of Spanish American War and World War I veterans, gave time number of po- tential veteran eligibles within that state, This total was then bm-oken down by population areas. The cal- culation of "Probable Burials" was based on an as- sumption that 16.66 percent of eligible veterans w-ould use the facilities tlsus provided. This reckoning ga~'e a total of 2,736,646. Tue addition of 80 percent of this latter figure for wives and widows gave a grand total of 4,925,963 "Probable Burials." Allowance of an average safety factor of approximately 10 percent called for 5,407,989 grave spaces in all. On this basis time single cemetery assigned to Nevada had a grave capacity of 7,500. Los Angeles, one of the four allotted to California, had 100,000 grave sites; the other three, San Diego, Fresno and Sacramento, had 50,000 each, An accqmpanying survey of the existing system indicated that only 14 cemeteries, such as Long Is- laud and Golden Gate, offered the advantages of both location and grave space that would justify inclusion in the new- scheme. Then tImers were 8 which could be used until the limited amount of space was cx- 30 PAGENO="0141" 137 hausted. The remaining 54, all of which had been established under. the reburial program of 1865-70, were to be closed and maintained as a memorial to the Civil War dead. After making these selections from the old system, the report recommended that 79 new national cemeteries should be authorized. The total estimated cost was $120,000,000-a figure, it was pointed out, approximating the cost of one capital ship and, it might be added, a mere bagatelle when compared to the billions expended in making America the arsenal of democracy. By the time S. 524, the companion bill to IL R. 516, which had been approved by the Senate, was re- ported and introduced for debate in the House, Con- gress had lost much of its tolerance toward lavish spending. Cemetery associations regarded the bill as a threat to private enterprise. One such group in. the Middle West rose to defense of the country graveyard as the spiritual anchor of the American family. An editorial utterance of a Denver periodical angrily denounced the project as a scheme of socialized burial dreamed up by the long-haired bureaucrats of Wash- ington. However extravagant and unjust, such jibes, along with the spade work of representatives looking to the interests of private cemetery owners, had their effect. The bill was returned on June 20, 1946, to committee, from which it never emerged. Wkile rejection of the plea for 79 new cemeteries suggested the advisability of either curtailing or freez- ing the burial privilege, Congress, acting on request of the Department of the Army, embodied all prece- dents, customs and statutes affecting eligibility in Public Law 526, approved May 14, 1948 (62 Stat. 234; 24 U.S.C. Supp IV, 281). This instrument now confers the privilege on four general classifications of persons: (1) those who die while serving in the Armed Forces of the United States, namely male and female members of the Army, Navy, Air Force, Marine Corps and Coast Guard Service; (2) those who die subse- quent to service in the Armed Forces; (3) American citizens who serve during war in the armed forces of an allied nation; (4) specified dependents of all first degree eligibles. The vast majority of potential eligi- bles, it should be noted, fall into the second and fourth classifications. An executive interpretation of this law includes other categories of persons, such as certain personnel of the Coast and Geodetic Survey and Public Health Service, who way become identified with the Armed Forces in war. These provisions are significant, not because of the numbers involved, but rather as an indication-perhaps a warning-of the trends of total war toward enlisting the services of professional groups that have only a remote connection with the military establishment in time of peace. From the viewpoint of physical expansion, the period so far appears to be one of virtual stagnation. Despite a flood of bills each session, 13 during the 82nd Congress, only four national cemeteries-Alton, a half-acre lot containing Civil War burials; Black Hills; Willamette and Fort Logan-with a total of 469 acres, have been established in the continental United States since 1946. In the sphere of policy relating to national cemeter- ies both the Congress and the Department of the Army, under present conditions, encounter manifold difficulties that impede a proper cqc'rdination of legis- lative and executive action. Each, in turn, has taken the initiative in efforts to create national-area ceme- teries, only to be opposed by the other. The Congress, aware that either a piecemeal approach or a blanket solution, after the manner of H. R.. 516, would, on the one hand, arouse sectional jealousies, and, on th~ other, provoke the combined opposition of cemetery associations, seems reluctant to embark on any con- structive program. The Army, having once been left in the lurch for want of legislative support, feels con- strained to occupy its old position and let Congress bear the burden of responsibility in matters pertain- ing to public policy. Whatever the validity of such conflicting presenta- tions, the Congress and the Department of the Army are confronted with four major problems than can only be solved by courageous statesmanship and ad- ministrative ability of a high order. These problems may be stated in the following terms: 1. The numerical buildup of potential eligibles during 35 years since World War I from about one to 42 million has extended the privilege of burial in national cemeteries to approximately one-fourth of the national population. During the same period the population has increased from 105,000,000 to 162,000,000. 2. The percentage of war dead and surviving veterans who have sought burial over the years indicates a substantial increase in both categories; that of the first has risen from 12.5 of World War I fatalities to approximately 20 per- cent of the dead of World War II and the Korean cam- paign returned to the homeland, while in the second category 10 percent are now using the privilege as compared to less than 3.5 of eligible Civil War veterans between 1873 and World War I. 3. The enormous accumulation of potential eligibles, ac- companied by a larger proportion of veterans now seeking burial, is reflected in the fact that total interments in na- tional cemeteries, excluding World War II and Korean dead, shows an increase of 137 percent during the decade ending with the fiscal year 1953. 4. A study conducted in 1948, midway in the decade 1943-53, reveals that 82.3 percent of all remains interred during that year in national cemeteries, excepting Arling- ton, came from areas within a 50-mile radius from the place of interment. An analysis of the social forces giving rise to these trends presents no serious difficulty. They have al- ready been indicated: one is the urbanization of Amer- ican society; the other is the growth of armaments based on universal military service and the consequent enrollment of great numbers who represent a true cross-section of the nation's population. These cir- cumstances tend not only to publicize the national cemeterial system, but add to the sentimental motive an economic reason for taking advantage of the sys- tem. Rising land values and mounting burial costs 31 PAGENO="0142" 138 in metropolitan areas where a large majority of veter- ans reside accentuates the economic consideration, while veterans' organizations best preserve in large urban centers the sentimental bond forged by com- radeship of arms during war. Any positive prediction as to just how the future operation of these forces will intluence a solution of the problem presupposes a gift of prophesy. At the same time, intelligent, men are aware that solemn commitments made in the past exert a compelling in- fluence in the determination of policies intended to govern future action. Payment of homage due to those who dedicate their lives to the defense of the Republic has always struck a responsive chord in the hearts of the American people. * 32 PAGENO="0143" PAGENO="0144" PAGENO="0145" THE NATIONAL CEMETERY SYSTEM 1950 - 1972 By the year 1950, national cemeteries comprising the National Cemetery System under the jurisdiction of the Department of the Army had reached a total of 85 cemeteries located within the Continental United States and in Alaska, Hawaii, and Puerto Rico. The number of such cemeteries remained the same until 1 July 1971, when pursuant to Public Law 91-465 approved 16 October 1970, the Andersonville National Cemetery and Prison Park were transferred to the Department of the Interior, National Park Service, to become a part of the Andersonville National Historic Site. A few statistics may serve to~ emphasize the growth and development of the Department of the Army national cemeteries during the twenty-one year period. First, is a consideration of cemetery acreage, total and developed, coupled with statements of cumulative interments as of 31 December for the following years: 1950, 1960, 1970, 1971. 31 DECEMBER 1950 Total acreage 2,825.024 Developed acreage 1,725.77 Total cumulative interments 535,629 Known 424,658 Unknown 110,971 Top 5 national cemeteries in cumulative interments (1) Arlington, Virginia (established 1864) 72,761 (2) Long Island, N . Y. (established 1936) 26,369 (3) Jefferson Barracks St. Louis, Missouri (established 1863) 25,591 (4) San Francisco, California - (astab1ishe~18C4) 21,299 (5) Cypress Hills Brooklyn, N. Y. (established 1862) 18,721 TOTAL ].64,741 (141) 85-382 0 - 73 - 10 PAGENO="0146" 142 31 DECEMBER 1960 Total acreage 3,734.002 Developed acreage 2,108.192 Total cumulative interments 784,251 Known 672,263 Unknown 11,988 Top 5 national cemeteries i~i cumulative interraents: (1) Arlington, Virginia 107,604 (2) Long Island, N. Y. (3) Golden Gate, San Bruno, California (established 1934) (4) Jefferson Barracks, St. Louis, No. (w) Fort Snelling, St. Paul, Minnesota (established 1939) _______ Total acreage Developed acreage Total cumulative interuerits Known Uaknown Top 5 national cemeteries in (1) Long Island, N. Y. (2) Arlington, Virginia (3) Golden Gate, San Bruno, California (4) Jefferson Barracks, St. Louis, No. (5) Fort Smelling, St. Paul, Minnes~ta (100,000th interment 3 April 1959) 77,215 52,326 34,481 24,453 296,079 1,195, 780 TOTAL 31 DECEMBER 1970 3, 960 ~998 2,621.942 1,083,773 112,007 cumulative interments: -175,559 (100,000th interment made 1 Nov. 1963) 154,041 (150,003th interment made 1 August 1969) 97,059 50,054 45,306 TOTAL 522,019 2 PAGENO="0147" 143 31 DECEMBER 1971 (84 Departmept of the Army national cemeteries. Does not include Anderson- yule, Georgia National Cemetery, transferred to Department of the Interior 1 July 1971.) Total acreage 3,763.738 Developed acreage 2,561.902 Total cumulative interments 1,216,874 Known 1,105,907 Unknown 110,967 Top 5 national cemeteries in cumulative internents (1) Long Island, N. Y. 187,089 (2) Arlington, Virginia 156,721 (3) Golden Gate, San Bruno, California 97,969 (4) Jefferson Barracks, St. Louis, No. 52,036 (5) Fort Snelling, St. Paul, Minnesota 48,078 TOTAL 541,893 Another aspect of the growth and development of the Department of the Army national cemeteries during the twenty-one year period may be illustrated by consideration of interments made within fiscal year periods, namely, the fiscal years 1950, 1960, 1970, and 1971. FISCAL YEAR 1950 Total number of interreents made during the fiscal year period 22,853. Top 5 national cemateries in number of interments made during the fiscal year: (1) Arlington, Virginia 3,274 (2) Jefferson Barracks, St. Louis, Mo. 3,257 (3) Long Islard, N. Y. 3,018 (4) Golden Gate, San Bruno, California 2,401 3 PAGENO="0148" 144 (5). Zachary Taylor, Louisville, Kentucky 1,249 (established 1928) ______ TOTAL - 13,199 FISCAL YEAR 1960 Total number of interments made during the fiscal year period 33,455. Top 5 national cemeteries in number of interments made during the fiscal year: (1) Long Island, N. Y. . 6,900 (2) Golden Gate, San Bruno, California 4,533 (3) Arlington, Virginia 4,339 (4) Fort Rosecrans, San Diego, California (established 1934) 2,356 (5) Beverly, New Jersey (established 1864) 2,127 TOTAL 20,255 FISCAL YEAR 1970 Total number of interments made during the fiscal year period 38,028. Top 5 national cemeteries in number of interments made during the fiscal year: (1) Long Island, N. Y. 11,006 (2) Fort Smelling, St. Paul, Minnesota 2,814 (3) Willamette, Portland, Oregon (established 1950) - 2,740 (4) Arlington, Virginia 2,719 (5) Baltimore, Maryland (established 1936) 2,312 TOTAL 21,591 4 PAGENO="0149" 145 FISCAL YEAR 1971 Total number of interments made during the fiscal year period 37,270. Top 5 national cemeteries in number of interments made during the fiscal year: (1) Long Island, N. Y. 11,602 (2) Fort Snelling, St. Paul, Minnesota 2,874 (3) Willamette, Portland, Oregon 2,826 (4) Arlington, Virginia 2,647 (5) Jefferson Barracks, St. Louis, Missouri 2,016 TOTAL 21,965 The existence of eighty-five Department of the Army national cemeteries, many of whose boundaries were restricted for development of additional burial areas,. brought about a significant change in the amount of grave space available for the interment of those eligible. This change was the adoption of a one-gravesite per family unit policy for interment of persons eligible for burial in a national cemetery in lieu of reservation of an adjoining gravesite for surviving spouse and eligible dependents. Under this policy; graves for the initial interment are excavated to a seven-foot depth rather than the customary five-foot depth, thus allowing interment space for future decedents. Implementation of the one-gravesite per family unit policy was established first at Arlington National Cemetery, effective 16 October 1961. During 1962 the one-gravesite per family unit policy was extended to the remaining Depart- ment of the Army nationalcemeteries except the Fort Snelling National Cemetery, St. Paul, Minnesota, where soil conditions precludes such a policy. In October 1969, an engineering survey was made at Fort Snelling National Ceme- tery for better utilization of available grave space and it was determined that two remains could be placed side by side at a depth of 5' in a 6' x lot family plot. Implerentation of this interLrent procedure resulted in the discontinuance of reservation of an adjoining gravesite. Historically, since 1862 the development of the National Cemetery System has been a function of the War Department, now Department of the Army, exercised through The Quarte.reaster General. The story of the development of the National. Cemetery System under the War Department/Department of the Army and the OfZice of ihe Quarterra:~ster General has been capably delineated in considerable detail by Mr. Edward Steare in his work SHRINES OF TH~ HONORED DEAD - a study of the National Cematery System. Pursuant to a realignment of various Army organizations, the Office of The Quartermaster General was 5 PAGENO="0150" 146 discontinued effective 1 August 1962 and certain of its functions were transferred to the Office of the Chief of Support Services. The Chief of Support Services was made directly responsible to the Assistant Secretary of the Army (Financial Management) for the operation of the National Cemetery System and the procurement of Government headstones and markers (General Orders No. 44, Headquarters, Department of the Army, 23 July 1962). General Orders No. 45, 24 July 1962, transferred jurisdiction of the National Cemetery System to the Chief of Support Services, Headquarters, Department of the Army, effective 1 August 1962. Also, the same General Orders provided that effective 1 August 1962, the Cemetery Divisions of the U. S. Army Support Command, Philadelphia, the Memphis General Depot, the Sharpe General Depot, and the Columbus General Depot would be redesignated as National Cemetery Supervising Offices, established as Class II activities and transferred to the jurisdiction of the Chief of Support Serv ices, Head- quarters, Department of the rmy. The Memphis National Cemetery Supervising Office was tratisferred to the Atlanta Army Depot, Forest Park, Georgia, effective 1 July 19.64. In 1969, the Puerto Rico National Cemetery, Bayamon, Puerto Rico, was placed under the jurisdiction of the National Cemetery Supervising Office at Forest Park, Georgia. On 1 October 1971, the National Cemetery Supervising Office, Columbus, Ohio, was disestablished and the activities under its jurisdiction were reassigned to the National Cemetery Supervising Office, Philadelphia; the National Cemetery Supervising Office, Sharpe Army Depot, Lathrop, Cali- fornia; and the National Cemetery Supervising Office, Atlanta Army Depot, Forest Park, Georgia. The transfer was effected pursuant to General Orders No. 46, Headquarters, Department of the Army, 27 August 1971. On Memorial Day, 30 May 1958, the remains of two Unknowns of the Armed Forces of the United States--one representing all of the U.S. unknown combat dead during World War II, and the other, all of the nation's unknown dead of the Korean War, were brought to Arlington National Cemetery for honored and reverent ento~bmeat within the plaza of the Arlington Memorial Amphitheater near the tomb of their comrade in arms, the Unknown Soldier of World War I. To the left and in front of the Unknown Soldier's tomb, a white marble slab inscribed with the numerals 1950-1953 marks the place of entoabwnnt of the sya:holic. unknown serviceman of the Korean War. To the right, a similar marble slab with the numerals 1941-1945 marks the resting place of the unknown American serviceman of World War II. This dedicated place of remeabrance is visited annually by millions from all parts od the United Scates and muny foreign nations. Placenent of wreaths at this hallowed site by foreign dirnitaries and representatives of schools, civic, vaLeran, and fraternal organizations has become a tribute of respect and honor to all the nation's heroes. 0 PAGENO="0151" 147 * The tragic death of Presidnet John F. Kennedy in Dallas, Texas, on 22 November 1963 and the decision of his family for his interment in Arlington National Cemetery further emphasized and acccntua~ed the statu~ of this historic cenetery as one of the outstanding shrines of nationwide and, indeed, world wide significance. President Kennedy's eligibility for interment in a national cemetery was two-fold, his personal active duty service as a Navy lieutenant during World War II, and the constitutional provision whereby all presidents of the United States are, by virtue of their office, the Commander-in-Chief of the Armed Forces of the United States. President John F. Kennedy and two Kennedy infants, who pre-deceased their father, are interred in Lot 45, Section 30, Arlington National Ceme- tery. The permanent graves are located about 20 feet east of the site where the President was temporarily interred on 25 November 1963. Each of the three graves is marked by a simply inscribed gray slate tablet. Work on the permanent burial site began soon after the President'sdeath, and the remains of the President and the two infants were removed to the permanent gravesite during the evening of 14 March 1967. The gravesite was blessed by Richard Cardinal Cushing at brief ceremonies held the morning of 15 March 1967. The grave area, which measures 18 by 20 feet, corresponds in size to many special lots in Arlington assigned for the burial of such other outstanding persons as President William Howard Taft, Secretary of War John W. Weeks, General of the Armies John J. Pershing, and General Philip Henry Sheridan. It is surrounded by a stone grave terrace, which lies on the axis from the Lincoln Memorial across the Memorial Bridge to the Custis-Lee Mansion. The Eternal Flame, lighted by *Mrs. Kennedy on the day of the funeral, 25 November 1963, now burns from the center of a 5-foot circular flat granite stone located at the head of the President's grave. The entire site, with a total area of about 3.2 acres, was set aside by the Secretary of the Army, with the approval of the Secretary of Defense, to honor the memory of President Kennedy. The land has been retained for the nation as a whole and has not been deeded to the Kennedy family. Much of the ground is riot suitable for graves, lying as it doas, on a steep hillside; it had never been planned to use the area for general burial purposes. Actual costs of the monument were paid by the Kennedy family. The Government was responsible for the improvements in the surrounding area that have been provided for the accommodation of the visiting public. The architect for the pararnent gravesite was John Carl ~arnecko of John Carl ~araen~ Associates, ~7a~hington, U. C., in association with Ararnonn and Whitney, Structural Engi~ecrs, New York, N. Y. The Abe.rthcw Construction Company, Boston, Massachusetts, carried out the work under the supervision of the U. S. Army District Engineer, Norfolk, Virginia. PAGENO="0152" 148 The impact of President Kennedy's tragic death and the significance of his intermtnt in historic Arlington National Cemetery had considerable effect on the number of requests for interment in this prestigious ceme- tery. This circumstance along with a steadily decreasing area available for new interments prompted promulgation of new eligibility requirements for interment in Arlington National Cemetery. These were established by the Secretary of the Army and became effective on 17 February 1967. Pur- suant to these regulations, interments in Arlington National Cemetery are presently limited to the following categories of persons: a. Persons dying on active duty in the Ar~ned Forces. B. Retired members of the Army, Navy, Air Force, Marine Corps, or Coast Guard who have performed active Federal ser-ice, are carried on official service retired lists and are eligible to receive compensation stemming from service in the Armed Forces. * c. Recipients of the Medal of Honor. D. Persons otherwise eligible by reason of honorable military service who have held elective office in the U. S. Government or served on the Supreme Court or in the Cabinet or in am office compensated at Level II under the Executive Salary Act 5 USC 5312 or 5313 or served as the Chief of a Mission classified as Class 1 (22 USC 866). e. The spouses, minor children and dependent adult children of the persons listed in a through d above and of persons already buried in Arlington. Comprehensive plans have been made and work is currently under way for the development and enlargement of Arlington National Cemetery to assure that it may always be a place of hallowed memories and a "Shrine of Each Patriot's Devotion." Plans for the expansion of the cemetery to include the South Post of Fort Myer were first considered and approved in 1924 and reaffirmed by action of the appropriate public agencies in 1960. In April 1966, the architectural firm of Keyes, Lethbridge, and Condon, Washington, D. C., in collaboration with landscape architects, Sasaki, Dawson & DeNny, Watertown, Massachusatts, were retained by the Dnpartmant of the Army to prepare a comprehensive plan for the future development of Arling&on National Cemetery to include the adjoining 200 acres of the South Pont of Fort Myer. The first 80 acre increment has been developed for additional interrent space and corpletion of the entire project is scheduled by 1981. On 19 January 1972, conceot plans for tha follorind proposed projects at Arlington National Cematery ware reviewed and approved by the Commis- sion of Fine Arts: PAGENO="0153" 149 (1) Chapel/Columbarium. (2) Construction of new terrace at the Amphitheater and improvement of the walks leading to the Tomb and Amphitheater. (3) Repairs to existing Tomb and retaining wall. (4) Construction of a fourth tomb to provide for possible entombment of a fourth unknown from the war in S. E. Asia. On 2-3 February 1972, the National Capitol Planning Commission approved preliminary plans for the Chapel and Columbarium proposed to be erected on land being obtained from the South Post of Fort Nyer as part of the planned expansion of Arlington National Cemetery. The Chapel, as conceived by the Washington, D. C. architectural firm of Keyes, Lethbridge, and Condom, is of distinctive modern design with seating capacity for 336 persons. A Columbarium with niches for 52,000 cremated remains will be located under the Chapel. Information was received early in January 1972, concerning the decision of the Office of Management and Budget and the Bicentennial Commission to provide a Metro subway stop to service Arlington National Cemetery. The stop and accompanying Metro service is to be completed for use at the time of the Bicentennial year (1976). Robert F. Kennedy, United States Senator from New York, and brother of the late President John F. Kennedy, died on 6 June 1968, in Los Angeles from am assassin's bullet, and was interred in Arlington National Cemetery, near President Kennedy's grave, in Lot 45-A, Section 30. Senator Kennedy was eligible for interment in Arlington National cemetery under the eligibility requirements of 17 February 1967 as he had served in the United States Navy during World War II, in the United States Senate, and in the President's Cabinet as Attorney General. No additional cemetery land was allocated for his gravesite. During the years since the interment of President Kennedy and Senator Robert F. Kennedy, millions of persons from all over the world have visited the graves. Just as the Government decided to provide access facilities to accommodate national cemetery visitors coming to honor President Kennedy, the Army determined that it would be appropriate to pay from public funds the expenses related to the flow of visitors to Senator Robert F. Kennedy's grave. The inprovemants were essential to control the crowds during peak-seaon attendance at Arlington National Cemetery and to imsure that cemetery grounds would not be damaged. The design of the Robert Kennedy gravesite is the work of I. N. Pei and Partners of New York. It was approved by the Secretary of the Army, the Commission of Fine Arts, ohm National Caoitol Planning Commission, and the Kennedy family. On 21 October 1970, the firm of Rouhin and Jamairo, Inc., Fairfax, Virginia, was awarded the cons cruccion contract. The worh began on 9 November 1970 and final acceptance of the construction work PAGENO="0154" 150 -was made on 2 December 1971. The remains of the late Senator Robert F. Kennedy were reinterred in the permanent gravesite on 30. November 1971. Senator Edward N. Kennedy and Mrs. Ethel Kennedy were in attendance. The permanent Robert F. Kennedy gravesite has-been available for public visitation since 18 December 1971. The Andersonville, Georgia National Cemetery, which was established in 1865, and the site of the Confederate Civil War prison, 1/4 mile south- east of the cemetery, have long been of much interest not only to members of the general public, but also to historians of the Civil War period of our nation's history. The national cemetery as well as the prison park contain a number of large and imposing monuments erected by various northern states to commemorate members of the Union forces who were con- fined in the Andersonville prison, or who died while incarcerated there and were buried in the site which became Andersonville National Cemetery. As a result of this interest, and with the purpose of-securing more extensive development of the historic aspects of the two sites, Con- - gressman Jack Brinkley, Third Georgia Congressional District, introduced legislation to effect transfer of the Andersonville National Cemetery and Prison Park to the Department of the Interior. This legislation was approved on 16 October 1970 as Public Law 91-465 and provided for the establishment of the Andersonville National Historic Site under the jurisdiction of the Department of the Interior. Transfer of the Anderson- yule National Cemetery and Prison Park from the Department of the Army to. the Department of the Interior, National Park Service, was effected on 1 July 1971. The Andersonville National Cemetery is an active national cemetery. Eighty-two interments were made in the cemetery during fiscal year 1971. As of 31 December 1971, a total of 15,086 interments had been made in the cemetery since its establishment in 1865. Of this number, the graves of 1,041 Civil War.decedents are marked as unknowns. It is estimated that the Andersonville National Cemetery will be open for internients until after the year 2000. The five national cemeteries most recently established are: the Black Hills National Cemetery; Sturgis, South Dakota (1948); Fbrt Logan National Cemetery, Denver, Colorado (1950); Puerto Rico National Cemetery, Bayanon, Puerto Rico (1948); the National Memorial Cematery of the Pacific, Honolulu, Hawaii (1948); and the Willainette National Cemetery, Portland, Oregon (l950)~ All of these cemeteries are currently active, and each of these had a considerable number of interments during recent fiscal year periods. The Black Hills National Cemetery is an active national cemetery. As of 31 December 1971, a total of 3,933 intarmer~ts had been made in the cemetery. During fiscal year 1971, 291 interAnnts were nade in the ceme- tery. Based upon current estimates, grave space will be available at the Black Hills National Cemetery beyond the year 2000. 10 PAGENO="0155" 151 The F~ort Logan National Cemetery includes within its area, the old post cemetery of the military post of Fort Logan established in 1887. The oldest interment in this portion of the national cemetery is that of Mable Peterkin, who died 28 June 1889. She was the daughter of Private Peterkin, Company F, 18th Infantry. As of 31 December 1971, a tot~al of 13,560 interments had been made in Fort Logan National Cemetery since its establishment. During fiscal year 1971, 1,231 interments were made in the cemetery to place it 7th among all Department of the Army national cemeteries in number of interments made during the fiscal year. The Puerto Rico National Cemetery, which had 510 interments during fiscal year 1971, ranked 16th among all Department of the Army national cemeteries in number of interments during the fiscal year. Present estimates are that this cemetery will continue to be active until after the year 2000. The present superintendent has served since June 1950. He is a native Puerto Rican who understands and appreciates the customs, religious observances, and feelings of the next of kin of çlecedents and of the general public of the area, many of whom are Spanish speaking people. His facile use and understanding of both the Spanish and English languages and his capabilities as a cemetery superintendent have all combined to make him am outstanding representative of the Army in the Commonwealth of Puerto Rico. The National Memorial Cemetery of the Pacific, Honolulu, Hawaii, has a unique location in Punchbowl Crater, the remnant of a long extinct volcano, known to the ancient Hawaiians as Puowaina, meaning "Consecrated Hill", or "Hill of Sacrifice." The first interment, which was made on 4 January 1949, was that of an unknown serviceman who was killed in the attack on Pearl Harbor, 7 December 1941. The cemetery was open to burials on 19 July 1949 when, arhong others the remains of Ernest T. Pyle, famed war correspondent of World War II, were interred. Ernie Pyle had served with the United States Navy, during World War I. The cemetery was dedicated on 2 September 1949, the fourth anniversary of VJ Day, the end of World War II. Initial internents in the cemetery numbered approxi- mately 13,000 World War II returned decedents from Guadalcanal, Burma, Saipan, Guam, Iwo Jima, the prison camps of Japan as well as many of Hawaii's own sons from other theaters of the war; also 178 Wake Island dead were interred as a group burial on 10 July 1953. Interment of all of the 848 unknovns of the war in Korea was completed on 24 May 1956. As of 31 December1971, 22,561 decedents had been interred in the National Memorial Cemetery of the Pacific. Here within the well-kept and carefully landscaped area of one of Hawaii's most historic and natural landmarks rest those who s~rved during the Spanish-American War, the Boxer Rebellion, World War I, World War II, in Korea and In Vietnam. Twenty-two recipients of the Iedal, of Honor are interred in the National Memorial Cemetery of the Pacific. The National Memorial Cemetery of the Pacific had 547 interments during fiscal year 1971 and ranked 13th among all Department of the Array national cemeteries in number of interreents during the fiscal year. Current estimates indicate available grave space in this cemetery to* approximately the year 1980. 11 PAGENO="0156" 152 The Willamette National Cemetery, Portland, Oregon, is now the only active national cemetery on the west coast. The three national cemeteriçs in California, San Francisco National Cemetery, Golden Gate National Cemetery at San Bruno, and Fort Rosecrans National Cemetery, San Diego, have been closed for future interrrents except for interments in previously reserved gravesites and second interinents in occupied graves under the one-gravesite per family unit policy. As of 31 December 1971, 30,757 interments had been made in the Willamette National Cemetery since its establishment. Internients made during fiscal year 1971 numbered 2,826 establishing the Willamette National Cemetery as third among all Department of the Army national cemeteries in number of interinants made during the fiscal year. Based upon current estimates grave space will be available in this cemetery beyond the year 2000. Plans are currently being developed by an outstanding engineering and architectural firm of the Portland area to provide `a Master Plan for future development of Willamette National Cemetery to assure that this important and active national cemetery may in all respects achieve its full potential as an outstanding and beautiful national cemetery. All g~aves in the Puerto Rico National Cemetery, National Memorial Cemetery of the Pacific, and the Willamatte National Cemetery are marked by flat granite markers instead of the upright while marble government headstones furnished at other Department of the Army national cemeteries. Since 1 January 1947, all graves in new national cemeteries estab- lished after that date, and all graves in new burial sections established in existing national cemeteries must be marked by headstones or markers furnished and erected at government expense. There are still so~e sections in older national cemeteries where private monuments may be erected subject to compliance with specifications and approval by the Office of the Chief of Support Services. As of 31 December 1971, there were 84 national cerr.eterie.s under the jurisdiction of the Department of the Army. As of that date, 44 national cemeteries had available grave space for future intewnents other than those in previously reserved grcvesites or second intercients in single graves under the one-gravesite par fanily unit policy. These cemeteries are located in 24 states and Puerto Rico. As of the seine date, 40 national cemeteries were closed for interments except those in previously reserved gravesites or second interments in single graves under the one- graves ice per fanfly unit policy. These cemeteries are locoted in 6 statee and the District of ColuTeb~a. 12 PAGENO="0157" 153 With reference to the 14 national cemeteries presently under the jurisdicl4on of the Department of the Interior, National. Park Service, 7 cemeteries had available grave space as of 31 December 1971. These cemeteries are located in 4 states (Georgia, Montana, Pennsylvania, and Tennessee). The 7 Department of the Interior national cemeteries which had no available grave space as of 31 December 1971 are located in 4' states (Louisiana, Maryland, Mississippi, and Virginia), and the District of Columbia. On 1 July 1953, the Assistant Secretary of the Army reviewed the policy on establishing national cemeteries. He concluded that the Secretary of the Army still had authority to establish national cemeteries on non-military land without specific legislative authority in each case; but that the Array should adhere to, its pre-war position that decisions of this type were matters of public policy for Congress to decide. However, the Army continued in the 1950's to initiate and vigorously support actions to expand existing cemeteries, when it was desirable and feasible. This was accomplished by the purchase of adjacent private property or the transfer of suitable contiguous Government land. Despite the apparent validity of these efforts in the critical period that followed World War II, the proposals met with mixed success. In the Fiscal Year 1951, the Army requested $1,273,205 to purchase property for the expansion of 6 active cemeteries near large cities; Congress authorized $622,719 of this amount; the funds that were appropriated could not be fully obligated; and a decision was made that plans: to enlarge the cemeteries near Baltimore, Louisville, and San Francisco would be terminated. In 1961 during the 87th Congress, a comprehensive review of the national cemetery program was made~ by the Army at the request of the Hous.e Coranittee on Interior and Insular Affairs. In addition to such historic facts as the inequitable distribution of existing cemeteries, wide varia- tion in the size of the installation, the heavy concentration of workload in a comparatively small number of cemeteries, and the disparity between the number of persons now eligible: for burial and the availability of grave~ites, the study emphasized the following pertinent points: fewer than 10% of the persons now being buried in national cemeteries are active- duty decedents and their families, while more than 90% are veterans and their dependents; about 83% of those interred had lived within 50 miles of the cemeteries in which they were finally buried, indicating the close relationship between proximity and', the use made of national cemeteries; about 83% of all burials regularlyoccur in 11 national cemeteries, near large cities, and all of the gravesites in 6 of these installations now having heavy wothloads will be closed to huai~.s in 10 years; and, finally, the estimated coat of expandini the system so that national tery facilities would be available in at leaat one location in every st~tu would exceed 2 billion dollars exclusive of the cost of the necessary land. 13 PAGENO="0158" 154 On the basis of all the facts, the Army initiated the recommendation which eventually was approved by the Administration. The executive policy was announced in letters dated 12 February 1962, expressing Administration belief that cash bui~ial benefits like the ones now payable by the Veterans Administration and under the social security program are preferable to the furnishing of interment facilities by the Government. While the announcement of the policy mentioned that Arlington was excluded because of its unique characteristics, this qualifying explanation merely took note of a decision that was approved by the Secretary of War and the Commission of Fine Arts in 1924. The nomexpansion policy has been reaffirmed on several occasions by succeeding adminis- trations. Hearings on the future of the National Cemetery System from the stand- point of Congress were held before the National Parks Subcommittee of the House Committee on Interior and Insular Affairs on 5 and 6 March 1962. In 1966, legislative oversight for national cemeteries was transferred to the House of Representatives Committee on Veterans' Affairs. A series of hearings were held before the special Subcommittee on cemeteries of this committee in 1966, 1968, and 1970 in connection with proposals for transfer of Department of the Army national cemeteries to the Veterans Administration. In a message to Congress in January 1967, President Johnson announced that the Administrator of Veterans' Affairs had been asked to appoint an Advisory Commission to make a complete survey of all veterans' programs including national cemeteries. The Veterans Adivsory Commisson completed a year's study and submitted its report on 18 March 1968. Among the recommendations were serveral proposals about the entire Federal Cemetery Program that the Army transfer its cemetery function to the Veterans Administration; that the Administrator then conduct a study on methods of providing, convenient burial grounds; and that the Administrator establish uniform eligibility criteria. While hearings were held in the 89th, 90th, and 91st Congresses on bills that would have accomplished these purposes, no final action was taken on the proposals. The Department of the Army endorsed H.R. 689, 91st Congress, a bill introduced by Mr. Olin E. Teague of Texas in an effort to comply with the above recommendations. Hearings were held on 17 and 18 November 1970, but no final action was taken on the measure. Similar legislation has been introduced in the 92nd Congress and referred to the appropriate Congressional Committees for consideration. 14 PAGENO="0159" PAGENO="0160" PAGENO="0161" CHRONOLOGY ELIGIBILITY FOR BURIAL IN A NATIONAL CEMETERY It was during the Civil War that the legislative foundation stone of the present Rational cemetery system was laid. This was done by Section 18 of the Act of July 17, 1862 (12 Stat. 596), which provided-- ~That the President of the Unjtcd States shall have powcr,.whenever in his opinion it shall be expedient to purchase cemetery grounds, and cause them to be securely enclosed, to be used as a national cemetery for the soldiers who shall die in the service of the country. The eligible category here described--"soldiers who shall die in the service of the country"--was enlarged by the Act of June 1, 1872, (17 Stat. 202) to include "all soldiers and sailors honorably discharged from the service of the United States who may die in a destitute condition" and by the Act of March 3, 1873 (17 Stat. 605), to include all "honorably discharged soldiers, sailors or marines who served during the late war either in the regular or volunteer forces." This is the form in which it was re-enacted as Section 4878 of the Revised Statutes. The principal further changes from then to the present were accomplished as follows: 1890 ~-- Wives and widows of eligible veterans, by administrative decision (see letter dated July 10, 1947, from Secretary of War Robert Patterson, reprinted in S. Rept. No. 903, 80th Cong.) later ratified by Act of Congress. 1908 --- Minor children and adult daughters of eligible veterans, by administrative decision (see letter of Secretary Patterson cited above) later ratified by Act of Congress. 1911 --- Personnel of the Revenue Cutter Service (predecessor of the Coast Guard) who die in service or who, after honor- able discharge, die in destitute circumstances (Act of .March 4, 1911, 37 Stat. 1389). 1920 --- All soldiers, sailors and marines "who served, or here- * after shall have served, during any war in which the United States has been or may hereafter be, engaged" and U. S. citizens who served with the military forces of any ally during World War I (Act of April 15, 1920, 41 Stat. * 552). 1948 --- All members or former members of the armed services whose last service terminated honorably; any citizen who served or who hereafter served with the Armed Forces of an ally * * and whose services terminate honorably; the spouse, minor children and, in the~discretion of the Sacrerary of the Army, unmarried adult children of those, named in the first two categories (Act of May 14, 1948, 62 Stat. 234). * (157) 85-382 0 - 73 - 11 PAGENO="0162" 158 1959 --- Members of Reserve Components, the Army or Air National Guard, and the ROTC whose death occurs, in general, while in active duty status or authorized inactive duty status or while being hospitalized (Act of September 14, 1959, -. 73 Stat. 547). 1966--- The burial of unmarried adult daughters in national cemeteries was authorized upon request provided the service-connected parent is already interred in the national cemetery, and the authorization would not pre- empt any space from a decedent with primary eligibility. (Decision of the Special Assistant to Secretary of the Army for Civil Functions, 8 July 1966). 1967 --- Burials in Arlington National Cemetery were limited to members of the Armed Forces, retired members of the * * Armed Forces eligible to receive retired pay, any member of the Armed Forces awarded the Medal of Honor, elected officials and persons holding high level positions in the Government provided they had active Federal military service which terminated honorably. The burial of the * surviving spouse, minor children and incapacitated adult children, was also authorized. (Change 3, AR 290-5 dated 17 February 1967). 1970 --- The provision of the regulations (AR 290-5) were deleted that precluded the burial of persons who had been convicted in a Federal, State, or United States military court of a crime, the result of which was the loss of United States citizenship or nationality, a sentence of death, a sentence of imprisonment for 5 years or more or any sentence for offenses involving subversive activities. An exception was allowed for those persons who were pardoned for the offense or who subsequently served honorably in the Armed Forces of the United States. This was the result of an appeal to the U. S. Court of Appeals in behalf of Robert G. Thompson, a Distinguished Service Cross winner, who had served honorably in the Armed Forces during WWII and was subsequently convicted as a member of the communist party of conspiring to advocate the violent overthrow of the Government of the United States. (Change 5, AR 290-5, dated 19 May 1970). 2 PAGENO="0163" B. LOCATION (159) PAGENO="0164" PAGENO="0165" LOCATION OF FACILITIES TABS: B-i. Listing by State (Active and Inactive) B-2. Map (1G1) PAGENO="0166" PAGENO="0167" B-i (163) PAGENO="0168" PAGENO="0169" ALASKA Sitka National Cemetery Sitka, Alaska 99501 ARKANSAS Fayetteville National Cemetery Fayetteville, Arkansas 72701 Fort Smith National Cemetery Garland Avenue & South 6th St. Fort Smith, Arkansas 72901 Little Rock National Cemetery 26th & College Streets Little Rock, Arkansas 72206 COLORADO Fort Logan National Cemetery 3698 South Sheridan Boulevard Denver, Colorado 80235 DISTRICT OF COLUMBIA FOR: Arlington National Cemetery SEE - - VIRGINIA FLORIDA Barrancas National Cemetery Pensacola, Florida 32508 GEORGIA *Andersonville National Historic Site Andersonville, Georgia 31711 HAWAII National Memorial Cemetery of the Pacific 2177 Puowaina Drive Honolulu, Hawaii 96813 ILLINOIS Camp Butler National Cemetery R. F. D. #1 Springfield, Illinois 62707 Mound City National Cemetery Mound City, Illinois 62963 Quincy National Cemetery Quincy, Illinois 62301 Rock Island National Cemetery Rock Island, Illinois 61201 LIST OF NATIONAL CEMETERY INSTALLATIONS HAVI1~G AVAILABLE GRAVE SPACE IOWA Keokuk National Cemetery 18th & Ridge Streets Keokuk, Iowa 52632 KANSAS Fort Leavenworth National Cemetery Fort Leavenworth, Kansas 66027 Fort Scott National Cemetery Fort Scott, Kansas 66701 KENTUCKY Lebanon National Cemetery Lebanon, Kentucky 40033 Mill Springs National Cemetery R. D. #1, Nancy, Kentucky 42544 LOUIS lANA Alexandria National Cemetery Pineville, Louisiana 71360 Port Hudson National Cemetery R. F. D. #1 Zachary, Louisiana 70791 (165) PAGENO="0170" 166 MINNESOTA Fort Snelling National Cemetery Saint Paul, Minnesota 55111 MISS ISS IPPI Corinth National Cemetery Corinth, Mississippi 38834 Natchez National Cemetery 61 Cemetery Road Natchez, Mississippi 39120 MISSOURI Jefferson Barracks National Cemetery 101 Memorial Drive St. Louis, Missouri 63125 Springfield National Cemetery 1702 East Seminole Street Springfield, Missouri 65804 MONTANA *Custer Battlefield National Monument Box 116 Crow Agency, Montana 59022 NEBRASKA Fort McPherson National Cemetery Maxwell, Nebraska 69151 NEW MEXICO Santa Fe National Cemetery Box 88 Santa Fe, New Mexico 87501 NEW YORK Long Island National Cemetery Farmingdale, L. I., N. Y. 11735 NORI~i CAROLINA New Bern National Cemetery 1711 National Avenue New Bern, North Carolina 28560 Raleigh National Cemetery P. 0. Box 1291 Raleigh, North Carolina 27602 Salisbury National Cemetery Salisbury, North Carolina 28144 Wilmington National Cemetery 2011 Market Street Wilmington, ~North Carolina 28403 OKLAF1~MA Fort Gibeon National Cemetery Fort Gibson, Oklahoma 74434 OREGON Willamette National Cemetery 11800 - S. E. Mt. Scott Boulevard P. 0. Box 6747 Portland, Oregon 97266 PEN~SYLVANIA *Gettysburg National Military Park and Cemetery Gettysburg, Pennsylvania 17325 PUERTO RICO Puerto Rico National Cemetery Box 1298 Bayamon, Puerto Rico 00620 SOUTH CAROLINA Beaufort National Cemetery 1601 Boundary Street Beaufort, South Carolina 29904 Florence National Cemetery Florence, South Carolina 29501 PAGENO="0171" 167 SOUTH DAKOTA Black Hills National Cemetery: Sturgis, South Dakota 57785 TENNESSEE *Andrew Johnson National Historic Site Greeneville, Tennessee 37743 Chattanooga National Cemetery Chattanooga, Tennessee 37401 *Fort Donelson National Military Park and Cemetery BoxF Dover, Tennessee 37058 Knoxville National Cemetery 939 Tyson Street Knoxville, Tennessee 37917 Memphis National Cemetery 3601 Jackson Avenue Memphis, Tennessee 38122 Nashville National Cemetery Madison, Tennessee 37115 *Shiloh National Military Park and Cemetery Pittsburg Landing Shiloh, Tennessee 38376 *Stones River National Battlefield and Cemetery Murfreesboro, Tennessee 37131 TEXAS Fort Bliss National Cemetery Fort Bliss, Texas 79906 Fort Sam Houston National Cemetery 1520 Harry Wurzbach Road San Antonio, Texas 78209 VIRGINIA Arlington National Cemetery Arlington, Virginia 22211 Culpeper National Cemetery Culpeper, Virginia 22701 *Cemeteries under jurisdiction of Department of Interior 3 PAGENO="0172" 168 LIST OF NATIONAL C~1ETERY INSTALLATIONS NOT HAVING AVAILABLE GRAVE SPACE ALABAMA New Albany National Cemetery Jay Street & Ekin Avenue Mobile National Cemetery New Albany, Indiana 47150 Mobile, Alabama 36604 KENTUCKY CALIFORNIA Camp Nelson National Cemetery Fort Rosecrans National Cemetery Star Route Point Loma Post Office, Box 6237 Nicholasville, Kentucky 40356 San Diego, California 92106 Cave Hill National Cemetery Golden Gate National Cemetery 701 Baxter Avenue San Bruno, California 94067 Louisville, Kentucky 40204 San Francisco National Cemetery Danville National Cemetery Presidio of San Francisco North First Street California 94129 Danville, Kentucky 40422 DISTRICT OF COLUMBIA Lexington National Cemetery Lexington, Kentucky 40508 *Battleground National Cemetery 6625 Georgia Avenue, N. W. Perryville National Cemetery Washington, D. C. 20012 Perryville, Kentucky 40468 Soldiers' Home National Cemetery Zachary Taylor National Cemetery 21 Harewood Road, N. W. 4701 Brownsboro Road Washington, D. C. 20011 Louisville, Kentucky 40207 FLORIDA LOUISIANA St. Augustine National Cemetery Baton Rouge National Cemetery St. Augustine, Florida 32084 Baton Rouge, Louisiana 70806 GEORGIA ~ National Historical Park Marietta National Cemetery Box 125 Marietta, Georgia 30060 Arabi, Louisiana 70032 ILLINOIS MARYLAND Alton National Cemetery Annapolis National Cemetery Alton, Illinois 62004 800 West Street Annapolis, Maryland 21401 INDIANA *Antietam National Battlefield Crown Hill National Cemetery Site and Cemetery 700 West 38th Street Box 158 Indianapolis, Indiana 46208 Sharpsburg, Maryland 37131 4 PAGENO="0173" Baltimore National Cemetery 5501 Frederick Avenue Baltimore, Maryland 21228 Loudon Park National Cemetery 3445 Frederick Avenue Baltimore, Maryland 21229 MISS ISS IPPI *Vicksburg National Military Park and Cemetery Box 349 Vicksburg, Mississippi 39181 MISSOURI Jefferson City National Cemetery 1042 East McCarty Street Jefferson City, Missouri 65101 NEW JERSEY Beverly National Cemetery Beverly, New Jersey 08010 Finn's Point National Cemetery R. F. D. #3, Fort Mott Road Salem, New Jersey 08079 NEW YORK Cypress Hills National Cemetery Jamaica & Hale Avenues Brooklyn, New York 11208 Woodlawn National Cemetery 1825 Davis Street Elmira, New York 14901 PENNS YLVANIA Philadelphia National Cemetery Haines Avenue & Limekiln Pike Philadelphia, Pennsylvania 19138 TEXAS San Antonio National Cemetery 517 Paso Hondo Street San Antonio, Texas 78202 169 VIRGINIA Alexandria National Cemetery Alexandria, Virginia 22314 Balls Bluff National Cemetery Leesburg, Virginia 22075 City Point National Cemetery 500 N. 10th Avenue Hopewell, Virginia 23800 Cold Harbor National Cemetery R. F. D. #4 Mechanicsville, Virginia 23111 Danville National Cemetery 721 Lee Street Danville, Virginia 24541 Fort Harrison National Cemetery Varina Road Richmond, Virginia 23231 *Fredericksburg & Spotsylvania County Battlefields Memorial, National Military Park and Cenletery Box 679 Fredericksburg, Virginia 22401 Glendale National Cemetery R. F. D. #5 Richmond, Virginia 23231 Hampton National Cemetery P. 0. Box 38 Hampton, Virginia 23369 *Poplar Grove National Cemetery Petersburg National Battlefield Box 549 Petersburg, Virginia 23804 Richmond National Cemeiery 1701 Williamsburg Road Richmond, Virginia 23231 Seven Pines National Cemetery 400 E. Williamsburg Road Sandston, Virginia 23150 PAGENO="0174" 170 VIRGINIA (Cont'd) Staunton National Cemetery Route #6 Staunton, Virginia 24401 Winchester National Cemetery 401 National Avenue Winchester, Virginia 22601 *Yorktown Battlefield Colonial National Historical Park Box 210 Yorktown, Virginia 23490 WEST VIRGINIA Grafton National Cemetery Grafton, West Virginia 26354 *Cemeteries under jurisdiction of Department of Interior. December 1971 6 PAGENO="0175" PAGENO="0176" PAGENO="0177" A~SKA / U.S. NATIONAL & CONFEDERATE :R:~ETERY INSTALLATIONS (. ~ ~L ~)/( ) ( ~ / 1/' `--- *~., I / ~ I --~ I L ~j ~ / 1~---~ ~~-~--~A -. I ~ ..--~ ~ / / I ~ I I -~&~ ~ ~ ~ ~ \\\\ ~ ~\~\ \\\~ ~ III I _____________ 4 Q - -~ ___ PUERTO ~CO ITIONAL CEMETERY ~STEM PAGENO="0178" PAGENO="0179" C. STATISTICAL DATA (175) PAGENO="0180" PAGENO="0181" STATISTICAL DATA CONCERNING THE NATIONAL CEMETERIES UNDER THE JURISDICTION OF THE DEPARTMENT OF THE ARMY TABS: C-1. Date of Establishment, Acreage and Interment C-2. National Cemetery Activity for FY 1971 C-3. Classification'of Interment in National Cemeteries C-4. Active Duty Burials 1955 - 1971 C-5. Interments, Gravesite and Acreage Data (177) PAGENO="0182" PAGENO="0183" c-i (179) PAGENO="0184" PAGENO="0185" * DEPARTMENT OF THE ARMY OFFICE OF TIER CHIEF OF SUPPORT SERVICES WASHINGTON, 9. C. 20315 List of national cemeteries authorized by Act of Congress of 17 July 1862 and Lubsequent acts, showing the area of and number of interments in each as of 31 December 1971. Area in Acres Interments Unknown Total - Total Devc1op~d Known ~a'4'~~ Cemeteries Date Est. :~lexandria, (Pineville, La.) 1867 8.230 8.230 4,602 * 2,380 ~ ;~)82 Alexandria, (Va.) 1862 5.500 5.500 3,935 125 4,060 Alton, (Ill.) 1948 .480 .480 479 2 48l~ Annapolis,(Md.) 1862 4.125 4.125 2,676 206 2,882' Arlington, (Ft. Myer, Va.) 1864 517.830 430.300 151,997 4,724 156,721 Balls Bluff, (Leesburg, Va.) 1865 .057 .057 1 53 54 Road Right-of-way - 4.573 4.573 - - - Baltimore, (Md.) 1936 72.227 72.227 32,968 * 0 32,968 Barrancas, (Pensacola, Fla.) 1868 29.910 16.690 . 7,037 * 971 6,008 Baton Rouge, (La.) 1867 7.690 7.690 4,607 540 5,147 Beaufort, (S. C.) 1863 28.920 28.920 6,631 4,018 10,649 Beverly (N. J.) 1864 64.550 64.550 35,875 14 35,889 Black Hills, (Sturgis, S. D.) 1948 105.900 12.000 3,933 0 3,933 Camp 6utler, (Springfield, Ill .) 1862 39.250 l6.45O 6,285 166 6,45) Camp Nelson (Nicholasville, Ky.) 1866 9.750 9.750 4,046 * 1,245 5,291 (181) PAGENO="0186" National Cemeteries Cave Hill, (Louisville, Ky.) Chattanooga, (Tenn.) City Point, (Hopewell, Va.) Cold Harbor, (Mechanicsville, Va.) Corinth, (Miss.) Crown Hill, (Indianapolis, md.) Culpeper, (Va.) Cypress Hills, (Brooklyn, N. Y.) Danville, (Ky.) Danville, (Va.) Fayetteville, (Ark.) Finn's Point, (Salers, N. J.) Florence, (S. C.) Ft. Bliss, (Texas) Ft. Gibson, (Okla.) Ft. Harrison, (Near Richmond, Va.) Ft. Leavenworth, (Kans.) Ft. Logan, (Denver, Cob.) Ft. McPherson, (Maxwell, Nebr.) Total 1.430 742 1,313 2,055 20.000 2,107 3,996 6,103 444 20,338 13 393 156 2,176 793 2,872 2,704 3,937 10,023 6,015 182 Date Area in Acres - -- Est. Total Developed Known Intermen ts Unknown 4.108 5,085 595 5,680 77.000 16,341 5,059 21,400 6.660 5,080 l,42?~~ 6,502 1863 4.108 1867 120.800 1866 6.660 1866 1.430 1866 20.000 1866 1.370 1867 6.470 1.370 758 6.470 2,218 37 795 912 3,130 1862 1862 1866 1867 1875 1865 1939 1868 18.197 .310 3.500 6.110 4.590 5.870 59.850 32.210 18.197 .310 3.500 6.110 4.590 5.870 42. 850 13.510 1.550 36.103 40.800 19,89e 380 2,020 2,079 2,673 1,135 9,999 3,807 748 12,141 31 2,802 24 2,208 1866 1.550 1862 36.100 1950 137.166 583 1,331 1,589 13,730 13,559 1 13,5G0 1873 20.000 14.000 2,627 584 3,211 PAGENO="0187" Ft. Rosecrans, (San Diego, Cal.) 1931 71.340 71.3'iO Ft. Sam Houston, (San Antonio, Texas) 1937 60.110 60.110 Ft. Scott, (I(artr.) 1862 10.510 10.510 Ft. Smith, (Ark.) 1867 14.590 14.590 Ft. Snelling, (Saint Paul, Mine. 55111) 1939 476.570 127.570 Glendale, (Near Richniond Va.) 1866 2.080 2.080 Golden Gate, (San Bruno, Cal.) 1939 161.500 161.500 Grafton, (U. Va.) 1867 3.21.0 3.210 Hampton, (Va.) 1866 26.530 26.530 Jefferson Barracks, (St. Louis, No.) 1863 306.980 105.330 Jefferson City, (Mo.) 1867 2.010 2.010 Keokuk, (lowe) 1862 21.100 5.100 Knoxville, (Tenn.) 1863 9.830 9.830 Lebanon, (Ky.) 1867 2.830 2.830 Lexington, (Ky.) 1863 .750 .750 Little Rock, (Ark.) 1868 24.950 24.950 Lon7. Island, (Fas.minfci~t1e, L. L, N. Y.) 1936 364.000 364.000 Loudon Park, (Baltimore, lId.) 1862 5.611) 5.600 183 l)ate . Area in Acres ~ C-~~t-~ri~s Est. Total Deve10peQ in terr6e i Cs Known Unknown Total 45,192 22 45,214 26,i~73 89 26,562 2,484 126 2,610 3,606 1,464 4,870 47,795 283 48,078 910 960 1,870 97,569 2,092 21,7.02 97,930 39 1,428 664 20,564 638 48,781 3,255 1,111 443 2,287 48 6,044 1,166 1,325 277 1,278 106 10,1.66 3,065 166,955 105 52,036 1,559 2,335 7,210 1,602 1,386 13,211 187,036 6,617 366 6,97A PAGENO="0188" 1862 3.500 3.500 Mobile, (Ala.) 1865 5.240 5.240 Mound City, (Iii.) 1864 10.530 10.500 Nashville, (Madison, Tenn.) 1866 65.030 65.000 Matches, (Miss.) 1866 10.720 10.720 Nat. Marn. Coin, of Pacific, (Hawaii) l9tr6 111.540 111.540 New Albany, (md.) 1862 6.3)0 6.310 New Bern, (N.C.) 1867 7.680 7.680 Perryville, (Ky.) 1931 4.390 4.390 Philada~phia, (Pa.) 1862 13.320 13.320 Port Hudson, (La.) 1866 8.040 8.043 Puerto Rico, (Bayarnon, P. R.) 1948 108.240 29.300 Quincy, (Ill.) 1899 .450 .450 RaleiGh; (N. C.) 1865 6.950 6.950 Richnond, (\a.) 1866 9.740 9.740 Hock Island, (Ill.) 1863 31.500 19)700 St. Augustine, (Fla.) 1681 1,350 1.350 SalisLury, (N. C.) 1663 5.970 5.970 19,641 2,920 4,352 684 3,492 1,1)3 11,656 40 2,038 3,240 184 Date * Area in Acres Inter~icnts National Cemeteries Est. Total Developed Known Unknorn Total Marietta, (Ga.) Memphis, (Tenn.) Mill SprinEs, (Nancy Ky.) 1866 23.256 23.256 1867 44.150 44.150 13,109 3,095 15,698 8,866 1,023 408 3,406 1,423 3,785 2,759 18,133 4,140 1,897 2,786 16,204 24, 56li 1,431 4,829 6,545 22, 273 4,663 22,551 5,036 4,605 11,696 5,278 7,966 457 2,653 8, 830 8,297 2,621 13, 7,960 6 390 57 2,11S 548 3,125 5,705 8,253 47 1,070 1,554 1,548 12,036 PAGENO="0189" 185 Date Area National Cemeteries Est. Total in Acres Intermcncs Developed Known Unknown Total 1867 1884 1875 1866 1924 1862 1867 1866 1950 1867 1866 1874 San Antonio, (Texas) San Francisco, (Cal.) Santa Fe, (N. Mex.) Seven Fines, (Va.) Sitka, (Alaska) Soldier's Home (D. C.) Springfield, (Mo.) Staunton, (Va.) Willamette, (Oregon) Wilmington, (N. C.) Winchester, (Va.) Woodlawn, (Elmira, N. Y.) Zachary Taylor (Louisville, Ky.) Total Cemeteries Under the Departrsent of the 3.660 28. 340 34.590 1.900 1.390 15.800 13.820 1.150 201. 450 5.065 4.890 7.624 3.660 2,817 319 / 3,136 28.340 24,322 517 24,839 14.460 7,144 495 7,639 1.900 1.390 446 466 1,237 19 `.1,683 485 15.800 12,671 292 12,963 13.820 4,779 1,995 6,7~4 1.150 411 529 9~0 76.450 30,757 0 30,757 5.065 2,225 1,613 3,838 4.890 2,828 2,395 5,223 7.624 6,247 19 6,266 16.430 8,866 1 8,867 1928 16.430 Army 3, 763. 738 2,561.902 1,105,907 110,967 1,216,874 PAGENO="0190" 186 Area in Acres Total Develop4j Intei~oents Known Unknown Total -~ 14,045 1,041 Cemeteries Andersonville, (Ga.) Prison Park 117.060 84.200 27.150 60.000 Andrew Johnson, (Tenn.) 14.250 14.250 569 0 Antietais, (Md.) 11.500 11.500 3,196 1,836 Battleground, (D. C.) 1.033 1.033 45 0 Chalmette, (La.) 17.330 17.330 8,506 6,773 Custer Battlefield, (Mont.) 8.080 8.080 3,642 277 Ft. Donelson, (Tenti.) 15.009 5.000 540 512 Fredericksburg, (Va.) 12.005 12.000 2,587 12,746 Gettysburg, (Pa.) 20.550 20.550 4,787 1,665 Poplar Grave, (Va.) 8.650 8.650 2,206 4,110 Shiloh, (Tenn.) 10.250 10.250 1,379 2,370 Stones P~iver, (Tenn.) 20.000 20.000 4,291 2,562 Vicksburg, (Miss.) 117.850 117.850 5,254 12,954 Yorktown, (Va.) 3.000 3.000 758 1,446 15,088 569 5,032 45 15,279 3,9)9 1,052 15,333 6,452 6,316 3,749 6,853 18,208 2,204 Total Cemeteries Under the Department of the Interior 460.758 Total of All Cemeteries 336.643 51,805 48,292 100,097 4,224.496 2,898.545 1,157,712 159,259 1,316,971 PAGENO="0191" C-2 (187) PAGENO="0192" PAGENO="0193" NATIONAL CEMETERY ACTIVITIES FOR FISCAL YEAR 1971 National Cemetery Alexandria, La. Alexandria, Va. Alton, Ill. Andersonvit le, Ga. Annapolis, Md. Arlington, Va. `Balls Bluff, Va, Baltimore, Nd. Barrancas, Fig. Baton Rouge, La. Beaufort, S. C. Beverly, N. J. Black hills, S. D. Camp Butler, Ill. Camp Nelson, Ky. Cave Hill, Ky. Chattanooga, Tenn. City Point, Va. Cold Harbor, Va. Corinth, Miss. Crown Hill, md. - Culpeper, Va. 7 3 0 4 0 0 0 0 82 81 1 0 0 . 0 0 0 2,647 * 1,580 453 614 0 0 0 0. 874 457 571 413 104 Il 199 33- 10 0 3 7 101 :96 1 4 323 23 146 154 8 0 0 0 0 219 0 68 8 0 -2 69 8 8 2 0 11 0 0 0 0 0 108 7 0 82 0 2,647 0 874 457 10 101 323 291 370 5 1 358 313 1 19 0 - 471 Category of Gravesites Used Dis- Reservations Interments New : Reserved Occupied Inter- New Can Total Current Other Current Other Current Other Current Other Ments O 0 0 0 0 6 *0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 291 370 5 358 313 1 19 0 471. 269 338 0 0 300 298 0 16 0 455 6 4 1 1 1 2 5 10 2 0 11 4 0 1 0 4 17. 22 3 1 47 11 1 .2 0 12 PAGENO="0194" NATIONAL CEMETERY ACTIVIiiES FOR FISCALYEAR 1971 Category of Graves ites Used _New Reserved Occup~d Current Other Current Other Current Other Dis- Inter- Ments National cemetery Reservations New Can Interments Total Current Other Cypress hI a, N. Y~ 0 0 37 37 4 2 ` 31 Danville, Ky, 0 0 0 0 0 0 0 Danville, Va, 0 0 46 46 40 2 4 Fayettei~iIle, Ark. 0 3 94 94 85 5 4 1 Finn's Potn~., N. J. 0 0 0 0 0 0 0 Florence, S~ C. 0 4 65 65 64 * 1 0 Ft. BUss, Tex, 0 18 599 599 520 19 60 Ft. Gibson, Okla. 0 4 217 217 * 200 2 15 Ft. Harrison, Va. 0 0 5 5 0 0 5 Ft. Leavenworth, Kan, 0 8 636 636 * 561 24 51 1 Ft. Logan, Cob. 0 18 1,231 1,231 1,104 16 111 2 Ft. McPherson, Nebr. 0 0 91 91 * 84 1 6 Ft. Rosecrans, Calif~, 0 28 811 811 350 65 396 6 Ft. Sam b!oustLon, Tex. 0 37 1,446 1,446 : 1,237 84 125 4 Ft. Scott, Ran. 0 0 58 58 50 3 5 1 Ft. Smith, Itrlc. 0 5 116 116 103 5 8 Ft. Snelli.nhl, Minn. 1 217 2,874 2,874 2,378 * 361 135 4 Glendale, Va. 0 0 8 8 2 0 , 6 Golden Gate, Calif. 1 128 976 976 27 222 727 6 Grafton, N. Va. 0 1 0 0 . 0 0 0 Hampton, Va. 0 7 39 39 5 7 27 Jeff. Bits., Mo. 1 56 2,016 2,016 1,652 114 250 1 PAGENO="0195" National Cemetery Jeff. City, Mo, Keokuk, owa Knoxville, Tenn. Lebanon, Ky~ Lexington, Ky. Little Rock, Ark. Long Island, N. Y. Loudon Park, Nd. Marietta,- Ga.- Memphis, 1eiin Mill Sprints, Ky. Mobile, Ala. Mound City, Ill. Nashville, Tenn. Natchez, Miss. Nat. Mem. Coin, of Pac. New Albany, lcd. New Bern, N. C. Perryville, Ky. Philadelphia, Pa. Port Hudson, La. Puerto Rico 0 54 54 47 164 164 138 88 88 .86 0*O 0 325 325 283 11,602 11,602 9,614 150 150 147 ~l5l --- 151 ~ 113--- 543 543 471 73 73. 69 16 16 6 44 44 37 342 342 303 55 55 : 48 547 547 480 0 .0 0 0 0 0 0 46 46 0 0 135 135 0 14 510 510 0 0 33 3 54 NAT1ONAL CEMETERY ACTIVIT~ FOR FISCAL YEAR 1971 Category of Gravesites Used Dis Reser~vations Interments New Reserved, Occupied Inter- New Can Total Current Other Current Other Current Other Current Other Ments 4 4 3 1 1 ` 6 0 0 0 0 0 0 0 0 -0- 0 0 0 0 0 0 0 2 0 0 1 5 0 0 12 103 0 -~ 10-- 9 3 6 0 6 0 10 4 3 10 0 0 10 235 0 8 25 2 7 4 11 1 3 10 5 16 2 0 32 1,753 3 30 - 47 2 3 3 28 6 64 0 0 1 27 :* 2 10 10 79 79 0 74 13 132 446 0 0 10 PAGENO="0196" NATIONAL CEMETERY ACTIVITIES FOR FISCAL YEAR 1971 National Cemetery , Reservations New Can Interments Category New Current Other of Gravesites Used Reserved Occupied Current Other Current Other Dis- Inter- Ments Total Current Other Quincy, Ill. 0 0 1 1 1 0 0 . Raleigh, N. C. 0 1 91 91 79 . 3 9 - Richmond, Va. 0 9 15 15 1 10 4 Rock Island, Ill. 0 5 348 348 312 10 26 Salisbury, N. C. 0 * 0 79 79 76 0 3 San Antonio, Tex. 0 1 2 2 0 1 1 . San Francisco, Calif. 0 11 108 108 . 12 24 72 Santa Fe, N. I'lex. 0 5 544 544 488 18 38 Seven Pines, Va. 0 0 2 2 0 0 2 Sitka, Alaska 0 0 17 17 16 0 1 Soldiers home, D. C. 0 1 116 116 110 4 2 Springfield, No. 0 3 189 189 161 14 14 . St. Augustine, Fla. 0 0 11 11 9 1 1 Staunton, Va. 0 0 2 2 * 1 0 1, Willamette, Ore. 1 63 2,826 2,826 2,549 76 201 8 Wilmington, N. C. 0 3 100 100 89 5 6 Winchester, Va. 0 0 5 5 . 0 2 3 Woodlawn, N. Y. 0 5 22 22 3 6 13 1 Zachary Taylor, Ky. 0 20 51 51 * 6 35 10 TOTAL 15 1,250 37,270 37,270 29,427 2,243 5,600 85 I. PAGENO="0197" NATIONAL CEMETERY ACTIVITIES FOR FISCAL YEAR 1971 National Cemetery Reservations New Can Category of Gravesites Used Dis- Interments New - Reserved Occupied Inter Total Current Other Current Other Current Other Current Other Ments CEMETERIES UNDER JURISDICTION OF DEPARTMENT OF INTERIOR O 0 36 36 O 0 2 2 O 0 0 0 O 1 8 8 33 1 Andrew Johnson, Tenn. Antietam, Nd. Battleground, D. C. Chalmette, La. Custer Battlefield, Mont. Ft. Donelson~ Tenn. Fredericksburg, Va. Gettysburg, Pa. Poplar Grove, Va. Shiloh, Tenn. Stones River, Tenn. Vicksburg, Miss. Yorktown, Va. Total GRAND TOTAL 0 0 2 0 0 0 2 3 O 2 O 0 O 0 O 0 O 0 O 0 O 2 O 1 117 28 0 383 0 6 37 2 117 28 0 383 0 6 37 2 100 26 0 !/ 374 0 6 33 0 0 577 1/ 30,004 0 0 15 0 8 1 0 0 0 0 0 1 0 11 2,254 0 0 0 6 619 619 1,256 37,889 37,889 9 l. 0 10 0 0 4 1 0 32 5,632 :~ Co 85 1/ New G/S used for memorial marker. PAGENO="0198" PAGENO="0199" C) PAGENO="0200" PAGENO="0201" CLASSIFICATION OF INTERMENTS IN NATIONAL CEMETERIES - Fl' 1971 Number Interred 7,072 12,227 1,180 1,259 Veterans 64 433 22,235 1,208 * 2,823 SERVICE- 26,266 10,994 10 * 37,270 % of Totàl Interred 19.0 32.8 3.2 3.4 .0.2 1.1 59.7 3.2 7.6 70.5 29.5 0.0 100.0 World War I Veter~ ~s World War II Veterans Korea Veterans Peacetime Veterans Spanish American War Vietnam Veterans TOTAL VETERANS Active Duty Servicemen Retired Servicemen TOTAL VETERANS & MEN Dependents Other GRAND TOTAL (197) 21 July 1971 PAGENO="0202" CLASSIFICATION OF INTER~IENTS NATIONAL CE~IETERIES - FY's 1966 World War I Veterans World War II Veterans Korea Veterans. Peacetime Veterans Spanish American War Veterans Vietnam Veterans Total Veterans Active Duty Servicemen Other GRAND TOTAL 4,969 9,885 828 690 149,711 13,696 16,322 179,729 66,886 29 246,644 % of Total Interred 22.6 31.4 2.0 4.0 .3 .3 60 .7 5.6 6.6 72.9 27.1 198 IN - 1971 Number Interred 55,750 77,589 Retired Servicemen Total Veterans & Servicemen Dependents 100.0 PAGENO="0203" PAGENO="0204" PAGENO="0205" 28 January 1972 ACTIVE DUTY BURIALS ALL BRANCHES OF ARMED FORCES - FY TOTAL A/D DEATHS TOTAL *A/D BURIALS N/C's TOTAL PER CENT AID BURIALS N/C's TOTAL A/D BURIALS OTHER CEMETERIES TOTAL PER CENT A/D BUBIALE OTHER CEMETE~ 1955 5,302 958 18% 4,344 82% 1956 5,229 924 18% 4,305 . 82% 1957 4,760 969 20% 3,791 80% 1958 4,781 1,118 23% 3,663 77% 1959 4,354 1,053 24% 3,301 76% 1960 4,015 1,297 32% 2,718 68% 1961 3,889 902 23% 2,987 77% 1962 4,264 1,123 26% 3,141 74% 1963 4,447 1,038 23% 3,409 .77% 1964 4,362 1,132 26% 3,230 -74% 1965 4,420 1,182 27% 3,238 73% 1966 6,867 1,975 29% 4,892 71% 1967 12,453 2,468 20% 9,985 80% 1963 21,851 3,384 15% 18,467 85% 1969 11,312 2,849 25% 8,463 75%. 1970 12,828 1,810 14% 11,018 86% 1971 8,009 1,208 * 15% 6,801 85% .79%. TOTAL 123,163 25,390 21% 97,7~3 Source of Infortration 1. The statistical deta for FY's 1953 - 1969 wss availabto in this Otftcs. 2. Total active duty deaths for Fl's 1970 - 1971 was futnisbed by Mr. F!ebsr 059 (Comptroller) OX-7-8237. 3. Total active duty 6u~ia1a NC's - Cemetery Branch Statistical Records. ~5f9~ - L (201) PAGENO="0206" PAGENO="0207" C-5 (2O~) PAGENO="0208" * PAGENO="0209" \.INTERNENT DATA.-~S-. `\30 JUNE 1971 - ALL CEMETERIES * ~. ARLINGTON ~Tota1 Interments 1,214,102 .,~ 155,352 Known . ., S 1,102,095 . 150,628 Unknown * S 112,007 4,724 GRAVESITE AND ACREAGE DATA 30 JUNE 1971 ALL CEMETERIES . ARLINGTON Gravesites Acres Gravesites Acres Used 1,131,771 . 142,450 Reserved 111,2~5. - . 20,01,3 Available . : - Developed 232,732 .2,628.142, 6,457 430.300 Undeveloped 710, 811 1, 3364~ 14,727 87.530 TOTAL 2,186,559 * :3,964.998 : 183,677 : 517.830 (205) 85-3~2 b - 73 - 14 PAGENO="0210" S~JUS ~ G~MVESILJ 2)5 00)000 FISCAL YEAR _LEGEND ~U~deveIopod ~ResorvoJ ~AvaIIabIo f~0ccupIod PAGENO="0211" FY 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 INTERMENTS LAST TEN YEARS ALL CEMETERIES 37,045 39,463 43,319 46,005 48,574 44,251 38,732 39,811 38,028 37,270 ARLINGTON 4,578 *4, 551 5,773 6,331 7,002 **5,741 3,054 2,813 2,719 2,647 207 *Presjdent Kennedy interred 25 November 1963 **Restrictjofls in Arlington effective 17 February 1967 PAGENO="0212" PAGENO="0213" D. ARMY REGULATIONS (209) PAGENO="0214" PAGENO="0215" ARMY REGULATIONS AR 290-5, NATIONAL CEMETERIES (211) PAGENO="0216" NATIONAL CEMETERIES GENERAL REGULATIONS (c) AR 290-5 *C 3 HEADQUARTERS DEPARTMENT OF THE ARMY WASHINGTON, D.C., 17 February 1967 212 Change in force: C 3 CHANGE No.3 1 AR 290-5, 18 January 1965, is changed as n the following sections of the Atonf follows: ergy Act of 1954: sections 222, 2 Page 3, paragraph 9. In line 8, the word 2~ 225, and 226 (42 U.S.C. §~ 2, "State" is changed to read "States." ~ 227 2274, 2275, and 2276); and~ the Page 8, paragraph ~4b(5). At end of para- folio ~ng sections of the Into 1 Se- graph add "and (6) and (7) below." curity at of 1950: sections 4, 2, and Page 9, paragraph ~4b (6). In line 2, following ~ 113 (50 .S.C. §~ 783, 822, a 823). the word "Survey", add "(now Environmental ~ (b) Where m imum and max~ urn terms Science Services Administration) ." 00 are impos the maximum ill be used. Page 9, paragraph f34b(7) (b). In line 5, fol- ~ An indeter nate sente e is consid- lowing the word "whose", insert the word "last." o ered to be a se tence of years or more Page 9. Paragraph 24c(1) was superseded by a when the maxi um rn equals or ex- C) C 2 as follows: cc ceeds 5 years. S arate sentences Persons ineligible for burial. served consecutive and which aggre- u gate 5 years or m are disqualifying. 1) A person otherwise eligible for burialS a national cemetery but who was -o A suspended se enc will not be con- cn- a victed in a Federal, State, or U ted ~ sidered as impo g a of imprison- tates military court of a crime or nnes ~ ment, except o the e nt that such C) th result of which was the loss o nited ~ sentence is tually serve Sta citizenship or nationali , a sen- A person cluded from b rial under tence f death, a sentence to imprison- (1) abov who dies while i the cus- ment f 5 years or more, o in the case tody of armed force, may, th prior ~ of any o ense involving bversive ac- approv of the Chief of Suppo Serv- * tivity lis in (a) belo any sentence, ices, buried in such other mi ~tary will not be b ~ed in a n ional cemetery bu~ ground as the Chief of Sup ort Se ices may select, but no milit ~ except that a such erson who, sub- 0. sequent to such nv~ tion and sentence, mony will be performed at suc a is pardoned of his ense or serves in the urial. c~ Armed Forces of United States and Page 10. Paragraph 24d(1) is superseded as i whose last servi the terminates hon- follows: -o orably may be uried i national ceme- d. Special provisions. -~ ~ (1) Until grave space is exhausted in see- a tions that were in existence prior to 1 .-i (a) The offe es involving bversive ac- January 1947, burials may be made in ac- cu tivities eferred to in (1 above are cordance with procedures and policies in C) ~ those enses for which p hment 15 effect at the time such sections were estab- p abed in the following p visions lished; provided, however, of le 18, United States Code: s tions (a) that all grave assignments shall be 7 , 793 (excluding subsection )), made without discrimination on the 4, 798, 2381, 2382, 2383, 2384, 23 , ground of race, color, or national 2387, 2388,2389, 2390, and chapter 10 origin, and This change supersedes C 1,21 May 1965, and C 2,25 January 1966. PAGENO="0217" C 3, AR 290-5 213 (b) that no person otherwise eligible will be denied burial by reason of policies in existence prior to 1 January 1947 if burial space exists anywhere in the cemetery. In all burial sections estab- lished after 1 January 1947, burials will be made in accordance with policies or procedures in effect on or after that date. Page 11, paragraph ~34d. Subparagraphs (5) and (6) are added as follows: (5) Effective 17 February 1967, eligibility c,~ for burial in Arlington National Ceme- tery is limited to the following persons ~° if otherwise eligible under the provisions ~ ofbandcabove: 0 (a) Any member or retired member of the Armed Forces.~. C/D (b) Any former member of the Armed Forces who has been awarded the Medal of Honor. (a) Any person who has held an elective office of the United States Government. .e (d) Any person who has held the office of Chief Justice of the United States or Associate Justice of the Supreme Court of the United States. (e) Any person who has held an office listed in 5 U.S.C. § 5312 or 5 U.S.C. § 5313. (/) Any person who has held a position of chief of mission which was at any time he held it classified in class 1 under the provisions of § 411 of the Act of Au- gust 13, 1946, 60 Stat. 1002, as amended (22 U.S.C. § 866 (1964 ed.)). (g) The surviving spouse, minor child, and, in the discretion of the Secretary of the Army, unmarried adult child, (para 235 and b(S) (a) above) of any of the persons listed in (a) through (f) above. (h) The surviving spouse, minor child, and, in the discretion of the Secretary of the Army, unmarried adult child (pare 235 and b(S) (a) above) of any person already buried in Arling- ton National Cemetery. [SPTS] (i) The parents of a minor child or unmar- ried adult child whose remains, based on the eligibility of a parent, are al- ready buried in Arlington National Cemetery. (6) The Board of Commissioners of the Sol- diers' Home shall prescribe rules gov- erning eligibility, for burial in the Sol- diers' Home National Cemetery. Page ii. Paragraph 26e was superseded by Cl as follows: e. According to law (73 Stat. 547; 24 U.S.C. 281), the remains of any person listed in para- graph 24b(5) may, in the discretion of the Secre- tary of the Army, be removed from a national cem- etery proper and interred in the post section of a national cemetery or in a post cemetery if, upon death, the related person named in paragraph 245 (1) through (4) is not buried in the same or an ad- joining gravesite; provided, however, that the re- mains of a person listed in paragraph 245(5) will not be removed from a national cemetery proper if the service member is- (1) Lost or buried at sea; (2) Officially determined to be permanently absent in a status of missing or missing in action; (3) Officially determined to be dead for the purpose of terminating his status of missing or missing in action; or (4) One whose remains have not been re- ~ covered. Page 13, paragraph Sic,. Subparagraph (3) is ~ added as follows: (3) ~nistrative inspection oniy - (1) tional e Su Offices in ~ COMJS. repr tives of the of Support Services-ann Page 14. Paragraph 32a(2) was superseded by ~ Clasfollows: (2) Whether correspondence is answered promptly; whether replies are accurate, &ID tactful, and clear; and whether they are prepared in accordance with applicable instructions. TAGO 1243A PAGENO="0218" 214 C 3, AR 290-5 By Order of the Secretary of the Army: HAROLD K. JOHNSON4 General, United States Army, Official: Chief of Staff. KENNETH G. WICKHAM, Major General, United States Army, The Adjutant General. Distribution: To be distributed in accordance with DA Form 12-9 requirements for Administration: Active Army and NG: D. USA]?: None. TAGO 1243A 3 PAGENO="0219" 215 Changes in force: C 3 and C 8 AR 290-5 *C 8 CHANGE hEADQUARTERS DEPARTMENT OF THE ARMY No. 8 WASHINGTON, DC, 21 September 11)71 NATIONAL CEMETERIES GENERAL REGULATIONS Effective 1 November 1971 This change specifies that a single drive in a national cemetery will not be named. AR 290-5, 18 January 1965, is changed as follows: Page 2, paragraph 6b (3). (As superseded by C 4, 5 Sep 69.) (3) The Commander in Chief, US Army, Pacific and the (~oinmanding General, US Army, Alaska. Page 1, Change 3 (17 Feb 67). P'aragi~apli 24c(1) was rescinded by C 5, 19 May 1970. Page 2, Change 3, paragraph 24d(ö) (a). At the end of the paragraph, the following was added by CS, 19 May 1970: A retired member of the Armed Forces, in the application of this subparagraph, is defined as a retired member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, who has performed active Federal service, is carried on `an official retired list, `and is entitled to receive compensation stemming from service in the Armed Forces. If, `at the time `of `his `death, `a retired member of the Armed Forces is not entitled to receive compensation stemming from his service in the Armed Forces until some future `date, the retired member will not be eligible for burial. Page 2, Change 3. Paragraph 31a(3), added by Change 3, and as superseded by Change 7,10 February 1971. (3) Administrative inspection ànly of National Cemetery Supervising Officers in CONUS. By representatives of the Office of the Chief of Support Services-as determined to be necessary by the C'hief `of Support Services. Page 3, paragraph 7b. At end of paragraph add "When there is a single drive in `the cemetery, the drive will not be named." Page 16. Paragraph 33a. (As superseded by C 6, 14 Jan 71). a. The `results of inspections made pursuant to paragraph 31a, b (1), and e will be submitted in writing `to the supervising officer or the Chief of Support. Services, as appropriate, within 21 workdays a ft.ei the inspection itinerary has been completed. A rating `of "S'atisfm~tory" or "Unsatisfactory" will be `assigned to indicate the evaluation of the overall condition of the cemetery. *This change supersedes C 6, 14 January 1971 and C 7, 10 February 1971. 1 PAGENO="0220" 216 C 8, AR 290-5 The proponent agency of this regulation is the Office of the Chief of Sup- port Services. Users are invited to send comments and suggested improve- ments on DA Form 2028 (Recommended Changes to Publications) direct L to HQDA (DASU-MEC), Tempo ABC, Washington, DC 20315. By Order of the Seorethry of the Army: W. C. WESTMOREI2AND, General, United States Army, Official: Chief of Staff. VERNE L. BOWERS, Major General, United States Army, The Adjutant General. Distribution: To be distributed in accordance with DA Form 12-9 requirements for AR, National Cemeteries: Active Army: (3 (qty rqr block No. 288). ARNG: D (qty rqr block No. 287). USAR: D (qtyrqr block No. 287). 2 TLGO 137A PAGENO="0221" 217 Changes in force: C 3, C 8, and C 9 AR .290-5 C9 CHANGE HEADQUARTERS. DEPARTMENT OF THE ARMY No. 9 WASHINGTON, DC, 5W October 1971 NATIONAL CEMETERIES GENERAL REGULATIONS Effective 1 December 1971 This change adds Andersonville National Cemetery under the jurisdiction of the National Park Service of the Department of the Interior. AR 290-5, 18 January 1965, is changed as follows: Page 10. Paragraph 24d(4) is superseded as follows: (4) Pursuant to Executive Order 6166,10 June 1933, as amended by Execu- tive Order 6228, 28 July 1933 and Executive Order 8428, 3 June 1940, and Public Law 91-465, 91st Congress, approved October 16, 1970, the national cemeteries listed below are under the :jurisdiction of the National Park Service of the Department of the Interior. In accordance with the provisions of Public Law 91-465 Andersonville National Cemetery and the Andersonville Prison Park became a part of the Andersonville National Historical Site as of 1 July 1971. Cemeteries that are active for burial purposes are indicated by an asterisk (*) District of Columbia Battleground Georgia Louisiana Chalmette (Arabi) Maryland Antietam (Sharpsburg) Mississippi Vicksburg Montana *Custer Battlefield (Crow Agency) Pennsylvania *Gettysb~u~g Tennessee *Andi.ew Johnson (Greeneville) *Fort Donelson (Dover) .*Shiloh (Pittsburgh Landing) *Stones River (Murfreesboro) 1 PAGENO="0222" 218 C 9, AR 290-5 Virginia Fredericksburg Poplar Grove (Petersburg) Yorktown By agreement between the Department of the Army and the Department of Interior, the Chief of Support Services is responsible for assisting in cletermin- ing eligibility for burial, for maintaining records of interment, and interment statistics for the above-listed cemeteries. The proponent agency of this regulation is the Office of the Chief of Support Services. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications) direct to HQDA (DASU-MEC), Tempo ABC, Washington, DC 201315. By Order of the Secretary of the Army: W. C. WESTMORELAND, General, United States Army, Official: Chief of Staff. VERNE L. BOWERS, Major General, United States Army, The Adjatant General. Distribution: To be distributed in accordance with DA Forni 12-9 requirements for All, National Cemeteries: Active Army: C (qty rqr block No. 286). ARNG: D (qty rqr block No. 287). USAR: D (qty rqr block No. 287). 2 TAGO 223A PAGENO="0223" Saoxxote I. GENERAL Purpose~. Definition- Statutory ~"~~~`-" NATIONAL CEMETERIES GENERAL REGULATIONS 5AR 290-5 HEADQUARTERS DEPARTMENT OF THE ARMY WASmNGTON, D.C., 18 January 1965 Resources - --- Responsibilities - Names for national cemetery activities Cemetery inclosure ---- Federal jurisdiction -_------ - - Donations - - Layout design of national cemetery activities Records maintenance Arlington Memorial Amphitheater Powerof arrest - - Solicitations - Accountability for property and supplies - Blank ammunition for veterans' organizations for use In national cemeteries Approach roads Encroachments and revocable licenses Standards of construction, maintenance, and operations __ II. INTERMENTS AND DISINTERMENTS Definitions Assignment of gravesltes_____ Disinterments ---------------- III. DESIGN, CONSTRUCTION, AND MAINTENANCE General Explanation of terms_ Responsibilities IV. INSPECTIONS General Inspections to bemade - - -- Scope of technical, operating, and administrative Inspectlons___ Results of Inspections V. HEADSTONES AND MARKERS General 219 ARMY REGULATION No. 290-S Paragraph 1 -- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 82 33 84 35 36 87 38 VI. PERSONNEL MANAGEMENT - General Cemetery career management `This regulation supersedes AR 290-5, 26 December 1956, includingC 1, 19 March 1958, and C 2,9 October 196L TAGO 916A-Ian. PAGENO="0224" AR 290-5 220 Section I. GENERAL 1. Purpose. This regulation defines the au- thority and responsibility for the development, operation, maintenance, and administration of the National Cemetery System, a civil functions an- tivity of the Department of the Army. 2. Definition. The National Cemetery System consists of 119 CONUS class II activities of the Chief of Support Services (includes 4 National Cemetery Supervising Offices) and three activities outside CONTJS under the supervision of the re- spective oversea commanders and staff supervision of the Chief of Support Services (pars. 65). Na- tional cemetery activities consist of national and Confederate cemeteries, soldiers' lots and Confed- erate plots located in private cemeteries, monu- ments, and a memorial park. 3. Statutory authority. Basic statutory au- thority pertaining to the National Cemetery Sys- tem is contained in title 24, chapter 7, United States Code, entitled "National Cemeteries." 4. Scope. Except as specifically provided other- wise herein or by directive of the Chief of Support Services, this regulation and TM 10-287 will gov- era the development, operation, maintenance, and administration of all activities within the National Cemetery System. (Post and/or installation cemeteries are not included in the National Ceme- tery System. AR 210-190 defines the responsi- bilities for the operation, maintenance, and admin- istration of Army post cemeteries and also covers eligibility for burial in post sections of national cemeteries.) 5. Resources. Resources for the national ceme- tery activities are authorized in the annual Public Works Appropriation Act under "Cemeterial Ex- penses, Department of the Army." Resources for this nonmilitary activity may not be used for any other purpose. a. Funding. Funds will be allocated by the Comptroller of the Army to oversea supervising officers and the Chief of Finance for use within CONUS. The Chief of Finance will allot funds as requested by the Chief of Support Services. b. Accounting. Funds will be controlled and accounted for separately from other funds in ac- cordance with applicable finance, fiscal, and finan- cial administration regulations. c. Manpower. Manpower authorizations will be made by Headquarters, Department of the 2 Army, to the oversen supervising officers (para. 65(3)), the Chief of Support Services, and the Chief of Engineers, for suballocation to their sub- ordinate elements. The Chief of Support Serv- ices will establish the manpower allocations to be distributed to each supervising office as shown in paragraph 65(1) and (2). 6. Responsibilities, a. Supervision of National Cemetery System. Pursuant to AR 10-5, GO 44 (23 July 1962), and GO 45 (24 July 1962), the Chief of Support Services, Headquarters, Depart- ment of the Army, under the direction of the Sec- retary of the Army, is responsible for the develop- ment, operation, maintenance, and administration of the National Cemetery System and for the formulation of plans, policies, procedures, and reg- ulations pertaining thereto (act of 12 September 1950 (64 Stat. 844; 24 U.S.C. 278)). The Chief of Support Services exercises command supervi- sion over national cemetery activities in the con- tinental United States and DA staff supervision over those outside the continental United States. 5. Supervising offise8 and commands. Respon- sibilities for immediate supervision of the national cemetery activities specified in appendix II, TM 10-287 are assigned as follows: (1) Commanding General, Military District of Washington, U.S. Army, as specifi- cally delegated by the Chief of Support Services by written agreement. (2) Chiefs of national cemetery supervising offices in CONUS established by the Chief of Support Services pursuant to GO 45, 24 July 1962. (3) mmander in Chief, U.S. , Pacific; der y Forces Southera a , d the Command- .o eneral, U.S. Army, -o In the interest of brevity, supervising officers/of- -~ flees and commanders/commands will be referred to hereinafter as "supervising officers/offices." a. Functions. The supervising officers specified ~` in S above will accomplish the following func- ~" tions: (1) Operation, maintenance, repairs, and util- ities, including repair of motor vehicles and other authorized equipment. (2) Procurement of national cemetery sup- plies and equipment, except permanent TAGO 916A PAGENO="0225" grave and memorial markers, within funds made available and the limitabions prescribed by TM 10-287 or.special in- structions of the Chief of Support Serv- ices. (3) Periodic operating inspections of na- tional cemetery installations and special inspections, when required. (4) Employment and administration of ci- vilian personnel, except as specifically as- signed the Chief of Support Services by section VI and applicable civilian person- nel regulations. (5) Property accountability, including real estate. (6) Development and submission to the Chief of Support Services of budgetary re- quirements data and justifications for national cemetery activities in accord- ance with annual special instructions and program guidance provided by the Chief of Support Services. (7) Administration of funds provided forna- tional cemetery activities. (8) Developing and maintaining appropriate public relations programs for national cemetery activities; establishing and maintaining close and harmonious work- ing relationships with local, Federal, State, county, and civic agencies and other organizations who transact busi- ness with, or have an inherent interest in, national cemetery activities. (9) Preparation, review, consolidation, and approval of reports required by regula- tions or special instructions, including personnel, manpower management, fund- ing, real estate, property accountability, and safety. (10) Safety management. 7. Names for national cemetery activities. Responsibility. The Chief of Support Services responsible for naming national cemetery activi- ~ and features therein, such as drives, walks, or ~ecis.l structures. b. Basis for namss. The names of national 3metery activities are based on physical and area haracteristics, the nearest important city (town), a historical characteristic related to the area. rewly constructed interior thoroughfares for ye- &GO 91~A Co hicular traffic in national cemetery activities will w be known as "drives." To facilitate location of ~° graves by visitors, drives will be named in accord- .~ ance with their physical location within the ceme- 0 tory; e.g., East Mall Drive, West Mall Drive, In- ner Drive, Outer Drive, Southeast Drive. 8. Cemetery inclosure. National cemetery ac- tivities will be inclosed with a good and substantial .~ stone or iron fence, or suitable equivalent if re- quired, as determined by the Chief of Support Services. (Act of 22 February 1867; 14 Stat. 399; 24 U.S.C. 279.) 9. Federal jurisdiction. Where the State leg- islature has given the consent of the State to the purchase of the land which now comprises the national cemetery, the jurisdiction and power of legislation of the United States over national cem- eteries will, in all courts and places, be held to be the same as is granted by Section 8~ Article I, ~o Constitution of the United States .(Act of 1 Ju1~'~ ~ 1870; 16 Stat. 188; 24 U.S.C. 287.) 0 10. Donations. a. Poiisy. Under Department of the Army policy, proffered donations or gifts may be accepted from legitimate societies and or- ganizations or reputable individuals for beautify- ing national cemetery activities subject to the fol- lowing additional provisions: (1) The name of the Department of the Army is not associated in any manner by the society, organization, or individual with the solicitation or the donation. (2) Delivery is made to the cemetery or to such other point designated by the De- partment of the Army, without expense to the Government. (3) Installation, placing, or planting is in keeping with the planned development of the cemetery and the donor agrees to the use thereof at any piace within the ceme- tery. (4) Donor is not permitted to affix to the items donated or to place in the cemetery or elsewhere on Department of the Army property any commemorative tablet or plaque. b. Processing. All proffers of donations for national cemetery activities will be referred to the Chief of Support Services, ATTN: SPTS-MC, Department of the Army, Washington, D.C., 221 AR 290-5 3 85-382 0 - 73 - 15 PAGENO="0226" AR 290-5 222 20315, with the recommendations of the supervis- ing officer as to the action to be taken. c. Conditional gifts. The Secretary of the Army is authorized in his discretion to accept, re- ceive, hold,~ administer, and expend any gift, de- vise, or bequest of property, real or personal, made on condition that it be used for the benefit of, or in connection with, the operation, maintenance, or administration of any national cemetery activity under the jurisdiction of the Department of the Army. The Chief of Support Services will take appropriate action on conditional gifts in accord- ance with AR 1-100. d. Unconditional gifts. All proffers or dona- tions or gifts which are unconditional will be accompanied by a report setting forth all material facts in connection with the source, nature, and purpose of the gift. 11. Layout design of national cemetery ac- tivities. The Chief of Support Services is respon- sible for the general design requirements of na- tional cemetery activities and the layout of specific sections therein. a. Burial sections and memorial plots. Official detailed plans will be prepared and maintained by the Office of the Chief of Support Services (Memorial Division) for these sections. The sizes of all gravesites and/or plots will conorm to those shown by the official plans. The sts~ndard size for all gravesites in sections established subsequent to 1 January 1947 is 5 feet by 10 feet. The size of plots for memorial markers is 5 feet by 5 feet. b. Activation of new sections. New sections will be activated for burials or the installation of memorial markers only with the prior approval of the Chief of Support Services and after per- manent site control monumentation has been established. e. Establishment and/or expansion of post sec- tions. No new post sections will be established and existing post sections will not be expanded. 12. Communications. a. Communications be- tween the Chief of Support Services and super- intendents of national cemetery activities will be conducted through official channels except those concerning eligibility for interment, interment and gravesite reservation records, and markings of graves, which will be exchanged directly. b. When specifically authorized by the Chief of Support Services, superintendents may communi- cate directly with the offices of official record, with information copy to the Office of the Chief of Sup- port Services, to verify service on which eligibility for interment is predicated. c. Unless specifically provided otherwise, or as specified in d below, supervising officers and/or national cemetery superintendents will be expected to reply to specific inquiries from the general pub- lic concerning cemeteries under their jurisdiction, if such replies can be made on the basis of estab- lished policies, procedures, or know-n facts. When a reply is made to a member of Congress or an in- dividual who indicates that the matter has been or will be taken up with a member of Congress, a copy of the communication and the reply thereto will be furnished the Chief of Support Services as promptly as possible. d. The authority outlined in c above does not apply to future plans concerning the National Cemetery System; unusual circumstances sur- rounding interments; matters concerning a change in the laws, policies, and regulations governing the National Cemetery System; or matters re- quiring a decision of higher authority. Such cases will be acknowledged with the statement that the communication has been referred to the Chief of Support Services for direct reply. The coin- munication and a copy of the acknowledgment will then be forwarded through channels to the Chief of Support Services, ATTN: SPTS-MC, with comments and recommendations thereon. 13. Records maintenance. The maintenance and disposition of records at national cemetery activities will be in accordance with appendix VII, TM 10-287. 14. Arlington Memorial Amphitheatsr. a. The act of 2 September 1960 (74 Stat. 739; 24 U.S.C. 295a) provides that the Secretary of De- fense or his designee may send to Congress in Jan- uary of each year recommendations with respect to the memorials to be erected and the remains of deceased members of the Armed Forces to be en- tombed in the Arlington Memorial Amphitheater, Arlington National Cemetery, Arlington, Va. The act further provides that- (1) No memorial may be erected and no re- mains may be entombed in the Arlington Memorial Amphitheater, unless specifi- cally authorized by Congress; 4 TAGO 910A PAGENO="0227" (2) The character, design, or location of any memorial authorized by Congress is.sub- ject to the approval of the Secretary of Defense or his designee. b. Under the provisions of the act of 2 Septem- ber 1960, the Secretary of the Army has been designated as the official to act in behalf of the Secretary of Defense. a. Any requests relative to inscriptions, memo- rials, or entombments within the Arlington Memo- rial Amphitheater will be referred to the Chief of Support Services, ATTN: SPTS-MC, for ap- propriate disposition. The Department of the Army will obtain the advice of the Commission of Fine Arts concerning such matters. 15. Power of arrest. The superintendent in charge of any national cemetery is authorized to arrest any person who wilfully destroys, mutilates, defaces, injures, or removes any monument, grave- stone, or other structure, or who wilfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within the limits of any national cemetery, and to bring such person before any United States commissioner or judge of any district court of the United States within any State or district where any of the cemeteries are situated, for the purpose of holding such person to answer for such misde- meanor, and then and there will make complaint in due form. (Act of 3 March 1911 (36 Stat. 1167; 24 U.S.C. 286).) 16. Solicitations. Solicitation of any type of business, including guide service and sale of souve- nirs and refreshments, from the public within a national cemetery activity is prohibited. Viola- tors not leaving when so ordered, or uniawfully re-entering the cemetery after such eviction, will be subject to prosecution under 18 U.S.C. 1382. See TM 10-287. 17. Procurement. National cemetery supplies and services will be procured in accordance with the provisions of the Armed Services Procurement Regulations (ASPR), the Army Procurement Procedure (APP), and such special procedures as may be issued by the Chief of Support Services. 18. Accountability for property and supplies. National Cemetery System property, supplies, and equipment will be procured and accounted for in accordance with chapter 6, TM 10-287. a. National Cemetery System property is pro- cured from the civil functions appropriations TAGO D1~A AR 290-5 "Cemeterial Expenses, Department of the Army"; therefore, separate records will be maintained for such property. Conditions peculiar to the Na- tional Cemetery System may require deviation from certain property accounting procedures and techniques. In establishing these procedures and techniques, supervising officers may be authorized exceptions by the Chief of Support Services to meet the varying conditions. Such exceptions, however, must necessarily conform fundamen- tally to basic Army policy and regulations govern- ing property accountability. b. Individuals who have Government property and/or supplies in their possession or under their supervision are responsible for the proper custody, care, and safekeeping of such property and may be held pecuniarily lial)le for failure to exercise that responsibility. 19. Blank ammunition for veterans' organi. zations for use in national cemeteries, a. Local units of national veterans' organizations recog- nized by the Veterans Administration are author- ized free issue of caliber .30 blank ammunition for use at funerals and other ceremonies within na- tional cemeteries (10 U.S.C. 4683). The follow- ing is a list of veterans' organizations recognized by the Veterans Administration. Additional or- ganizations may qualify from time to time as they are recognized by the Veterans Administration. (1) American Legion. (2) American Red Cross. (3) American Veterans Committee, Inc. (4) AMVETS-American Veterans of World War II. (5) Army and Navy Union, USA. (6) Army Mutual Aid Association. (7) Blinded Veterans Association. (8) Catholic V\Tar \Teterans of the United States of America. (9) Coast Guard League. (10) Disabled American Veterans. (11) Fleet Reserve Association. (12) Jewish War Veterans of the United States. (13) Marine Corps League. (14) Military Order of the Purple Heart, Inc. (15) Military Order of the World Wars. (16) National Jewish Welfare Board. (17) National Society-Army of the Philip- pines. 223 5 PAGENO="0228" AR 290-5 224 (18) National Tribune. (19) Navy Mutual Aid Association. (20) Disabled Officers Association. (21) Regular Veterans Association. (22) United Indian War Veterans, USA. (23) United Spanish War Veterans. (24) Veterans of Foreign Wars of the United States. b. Supervising officers will be responsible for requisitioning, accounting for, proper storage, and issuance of such ammunition. 20. Approach roads. a. Appropriations for national cemeteries will not be expended for the construction or maintenance of more than one ap- proach road to any national cemetery. (Act of 12 February 1925 (43 Stat. 926; 24 U.S.C. 288).) b. The Secretary of the Army is authorized to convey to any State, county, municipality, or proper agency thereof, in which the same is located, all right, title, and interest of the United States in and to any Government-owned or controlled ap- proach road to any national cemetery; provided that, prior to the delivery of any instrument of conveyance hereunder, the State, county, munici- pality, or agency to which the conveyance herein authorized is to be made will notify the Secretary of the Army in writing of its willingness to accept and maintain the road included in such convey- ance; provided further that, upon the execution and delivery of any conveyance herein authorized, the jurisdiction of the United States of America over the road conveyed wifi cease and determine and will thereafter vest in the State in which said road is located. (Act of 11 June 1938 (52 Stat. 668; 24U.S.C. 289).) a. Any action tending to affect the status or ownership of the approach road will be reported promptly to the Chief of Support Services, ATTN: SPTS-MC. 21. Encroachments and revocable licenses, a. Encroachment8. No railroads will be permitted upon the right-of-way acquired by the United States leading to a national cemetery or to en- croach upon any roads or walks thereon and main- tained by the United States. (Act of 12 February 1925, as amended (43 Stat. 926; 24 U.S.C. 290).) b. Revocable licenses. The construction or erec- tion of poles and lines, including underground lines, for the transmission and distribution of elec- tric power; poles and lines, including underground lines, for telephone and telegraph purposes; and water and sower pipes will not be permitted with- out the authority of the Department of the Army. Requests for revocable licenses to construct water, gas, or sewer lines or other appurtenances on or across the cemetery or an approach road in which the Government has a right-of-way or fee simple title or other interest will be submitted to the superintendent concerned, accompanied by a com- plete description of the privilege desired, together with a map showing the location of the project on the roadway in question. The superintendent will forward the application and inclosures with his comments and recommendations to the Chief of Support Services, ATTN: SPTS-MC, through the appropriate supervising officer who will also include his comments and recommendations. 22. Standards of construction, maintenance, and operations. The following standards of the Department of the Army will be observed in the development, operation, maintenance, administra- tion, and support of national cemetery activities, including budgetary reviews within the Depart- ment of the Army a. As permanent national shrines provided by a grateful nation to the honored dead of the Armed Forces of the United States, the standards for construction, maintenance, and operation of na- tional cemetery activities wifi be fully commen- surate with the high purpose to which they are dedicated. b. Structures and facilities provided for na- tional cemetery activities wifi be permanent in nature and of a scope, dignity, and aesthetic design suitable to the purpose for which intend&L a. National cemetery activities will be beautified through landscape planting and by means of ap- propriate special features based on historical aspects, location, or other factors of major signifi- cance to the activity. d. The accommodations and services provided to next of kin of the honored dead and the general public will be of a high order. 6 TAGO 916A PAGENO="0229" (1) Army National Guard of the United States. (2) Army Reserve. (8) Naval Reserve. (4) Marine Corps Reserve. (5) Air National Guard of the United States. (6) Air Force Reserve. (7) Coast Guard Reserve. g. Members of the National Guard. It will be noted from b and d above that a person is not a member of the Army or Air National Guard unless his unit has been federally recognized. Therefore, this determination must be made before interment of National guardists may be authorized. h. Active duty means full-time duty in the ac- tive military service of the United States. It in- cludes duty on the active list, full-time training duty, annual training duty, and attendance, while in the active military service, at a school desig- nated as a service school bylaw or by the Secretary of the military department concerned. i. Inactive duty training means- (1) Duty prescribed for Reserves by the Sec- retary concerned under Section 301 of Title 37, U.S.C., or any other provisions of law; and (2) Special additional duties authorized for Reserves by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connec- tion with the prescribed training or main- tenance activities of the units to which they are assigned. It includes those duties when performed by reserv- ists in their status as members of the National Guard. j. Unmarried adult child, in the application of this regulation, will be interpreted to include step- children, adopted children, widows, widowers, divorcees, and unmarried persons 21 years of age or over and will be restricted to those who were in fact, up to the time of death, dependent for support upon the service-connected parent or sur- viving parent because of physical or mental con- dition or on others if both parents are deceased (para. 24b(5) (a)). k. Minor child includes natural, step, or adopted sons or daughters of the service-connected parent who, at the time of death, were less than 21 years of age. 1. President or former President of the United States. The President or former President of the United States in his capacity as Commander-in- Chief of the Armed Forces is a "member or former member of the Armed Forces who served on active duty . . ." within the meaning of 24 U.S.C. 281. (Based on JAGT 1963/7692(SS) dated 17 Dec. 63.) 24: Interments. a. Authority. The act of 14 May 1948 (62 Stat. 234), as amended by the act 225 AR 290-5 Section II. INTERMENTS AND DISINTERMENTS 23. Definitions, a. Armed Forces of the United States (hereinafter referred to s~s "Armed Forces") means the Army, Navy, Air Force, Ma-, rine Corps, and Coast Guard. b. Array National Guard means that part of the organized militia of the several states and terri- tories, Puerto Rico, the Canal Zone, and the Dis~ trict of Columbia, active and inactive, that is- (1) A land force; (2) Trained, and has its officers appointed, under the sixteenth clause of Section 8, Article I, of the Constitution; (3) Organized, armed, and equipped wholly or partly at Federal expense; and (4) Federally recognised. o~Army National Guard of the United States means the Reserve component of the Army, all of whose members are members of the Army National Guard. d: Air National Guard means that part of the organized militia of the several states and terri- tories, Puerto Rico, the Canal Zone, and the Dis- trict of Columbia, active and inactive, that is- (1) Anairforce; (2) Trained, and has its officers appointed, under the sixteenth clause of Section 8, Article I, of the Constitution; (3) Organized, armed, and equipped wholly or partly at Federal expense; and (4) Federally recognised. e. Air National Guard of the United States means the Reserve component of the Air Force, * all of whose members are members of the Air Na- tional Guard. - f. Reserve components of the Armed Forces are- TAGO 916A 7 PAGENO="0230" AR 290-5 of 14 September 1959 (73 Stat. 547; 24 U.S.C. 281), and other laws specifically cited herein au- thorize burial in national cemeteries under such regulations as the Secretary of the Army may, with the approval of the Secretary of Defense, pre- scribe. b. Persons eligible for burial. (1) Any member or former member of the Armed Forces who served on active duty (other th:~n for training) and whose last such service terminated honorably. (2) Any member of a Reserve component of the Armed Forces and any member of the Army National Guard or the Air Na- tional Guard whose death occurs under honorable conditions while he is- (a) On active duty for training, or per- forming full-time service under Sec- tion 316, 503, 504, or 505 of Title 32, U.S.C.; (b) Performing authorized travel to or from that duty or service; (a) On authorized inactive duty training, including training performed as a mem- ber of the Army National Guard or the Air National Guard. (Inartive duty training performed under Section 502 of Title 32, U.S.C., is "authorized inactive duty training" within the meaning of 24 U.S.C. 281(a) (2) (c). Based on ~JAGT 1964/7509(SS).) (d) Hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or in- curred under honorable conditions while he is- 1. On that duty or service; 2. Performing that travel or inactive duty training; or 3. Undergoing that hospitalization or treatment at the expense of the United States. (3) Any member of the Reserve Officers' Training Corps of the Army, Navy, or Air Force whose death occurs under honorable conditions while he is- (a) Attending an authorized training camp or on an authorized practice cruise; (b) Performing authorized travel to or from that camp or cruise; or 226 (c) 1-lospitalized or undergoing treat- ment, at the expense of the United States, for inury or disease contracted or incurred under honorable conditions while he is- 1. Attending that camp or on that cruise; 2. Performing that travel; or 3. Undergoing that hospitalization or treatment at the expense of the United States. (4) 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 and whose last such service termi- nated honorably. (To be eligible under this authority, persons must have been citizens of the United States at the time of entering the service of such Armed Forces and at the time of death.) (5) The wife, husband, surviving spouse, ea minor child, and, in the discretion of the ~o Secretary of the Army, unmarried adult child (para 23j and (c) below) of any ~ of the persons listed in (1) through (4) above, and (6) and (7) below. ~° (a) The term "wife/husband" includes widow-s/widowers of any member of the Armed Forces lost or buried at sea or officially determined to be perma- nently absent in a status of missing or missing in action. (b) Widow-s or widowers of service mem- bers interred in a national cemetery as a part of a group burial may be interred in the same cemetery if space is avail- able but not in the same grave. If space is not available in the same ceme- tery, they may be buried in any na- tional cemetery in which space is available. (c) An unmarried adult child may be in- terred in the same grave in which a parent has been or will be interred, pro- vided such adult child was incapable of self-support up to the time of death be- cause of physical or mental condition. At the time of death of an adult child, request for interment will be submitted 8 TAGO 916A PAGENO="0231" to the superintendent of the national cemetery in which interment is desired, and must be accompanied.by a nota- rized statement from an individual who has direct knowledge as to the marital c~ status and degree of dependency of the deceased child and the name and serv- c ice data of said child's parent upon *2~ whose military service burial is being c~ requested. A certificate of a physician c~ who has attended the decedent as to the a nature and duration of the physical ~° ~ and/or mental disability must also be ~ submitted. These data will be sub- ° mitted to the Chief of Support Serv- ~ ices, ATTN: SPTS-MC, for approval -~ ~ prior to interment. -~ ~ (6) Commissioned officers, United States ~ Coast and Geodetic Survey,' odiedii~ a. ing and subsequent to the service specified in the following categories and whose last service terminated honorably are eligible for interment in national cemeteries re- gardless of time of death: (a) Commissioned officers assigned to areas of immediate military hazard de- scribed in the act of 3 December 1942 (56 Stat. 1038; 33 U.S.C. 855a), as amended. (b) Commissioned officers serving in the Philippine Islands on 7 December 1941. (a) Commissioned officers actually trans- ferred to the Department of the Army or the Department of the Navy under the provisions of the act of 22 May 1917 (40 Stat. 87; 33 U.S.C. 855). (7) Interment in national cemeteries of the remains of commissioned officers of the United States Public Health Service who were detailed for duty with the Army or Navy during World War Ipur- suant to the act of 1 July 1902 (32 Stat. 712,713), as amended, and Executive Or- der 2571, 3 April 1917, is authorized. (Act of 30 April 1956 (46 U.S.C. 654; 70 Stat. 124).) (a) By virtue of authority granted by Sec- tion 216, act of 1 July 1944 (58 Stat. 690; 42 U.S.C. 217), Executive Order 9575, 21 June 1945 (WD Bul. 11, 1945) AR 290-5 superseded by Executive Order 10349, 26 April 1952 (DA Bul. 4, 1952), and as amended by Executive Order 10356, 29 May 1952 (DA Bul. 5, 1952), Exec- utive Order 10362, 14 June 1952 (DA Bul. 6, 1952), and Executive Order 10367, 30 June 1952, established the Public Health Service as a military service for the period of World War II and consecutive periods thereafter. (b) Accordingly, all officers of the com- missioned corps of the Public Health Service who served at any time during the period 8 December 1941 to, and in- cluding 3 July 1952, and whost~eP~ ices terminated honorably are entitled to burial in national cemeteries re- gardless of when death occurs. Persons ineligible for burial. (1) person otherwise eligible for burialS a ational cemetery who is convicted a ederal, State, or United States ili- tary court of a crime or crimes, the lt of w ~ch is the loss of United Ste citi- zenshi or nationality, a sentence death, or a sen nce to imprisonment f 5 years or more, ill not be buried in national cemetery, xcept that any ch person who, sub ant to such co viction and sentence, is ardoned or rves in the Armed Forces of the Un d States and whose last se ice th em terminates honorably may bu ed in a national cemetery. (a) Where a minim and maximum term is imposed, the imum will be used. An indetermina se nce is considered to be a senten of 5 y rs or more when the maximu term ala or exceeds 5 years. A spended tence will not be consider as imposing term of im- prisonme , except to the extent that such se nce is actually s rved. (b) A pe n excluded from bu al under (1) a ye may, with prior app oval of the ief of Support Servi , be bured in such other military urial gr und as the Chief of Support rv- i may select, but no military ce e- ony will be performed at such buria. 227 a so C a 0 a a cc cc a so C a -C 0 -c C a a so C a -C 0 -u a -u a a cc MOO 916A 9 PAGENO="0232" AR~ 290-5 (`2) Fathers, mothers, and in-laws are not eligible for interment in a national ceme- tery by reason of relationship to an eligi- ble service person regardless of whether they are dependent upon the service mem- ber for support and/or are members of his household. (3) Persons whose last separation from the Armed Forces of the United States was under other than honorable conditions are not eligible for burial in a national ceme- tery notwithstanding the fact that they may have received veterans benefits, treat- ment in a Veterans Administration hos- pital, or that they died in such a hospital. (4) Persons who, although they may have been ordered to report to an induction station, but were "discharged from draft" and were not actually inducted into the military service, are not eligible. (5) Nonservice-connected spouses who have been divorced f corn the service-connected spouse or who have remarried subsequent to the interment of the service-connected spouse are not eligible based on his/her service (para. 235). (0) Members of the family of the service per- sons listed in b (2) and (3) above are not eligible for burial (except when eligible in their own right) unless such service member actually dies on the training duty specified or under one of the other con- ditions cited pertaining to such training duty and his remains are interred in a national cemetery. (7) Dependents are not eligible for burial in a national cemetery unless the service- connected family member has been or will be interred in the national cemetery in which interment of the dependent is de- sired. This does not apply to wid- ows/widowers of members of the Armed Forces lost or buried at sea or officially determined to be permanently absent in a status of missing or missing in action. d. Special ~fl8. Superseded by Change (1) ye space is exhausted in that were m ce January 1947,b ~ m ceordance procedures and policha in e 228 time such sections were establish provi however, that no person er- wise eligib ill be denied bu by rea- son of policies m istence ior to 1 Jan- uary 1947 if burial s exists anywhere in the cemetery. a all ial sections established o or after 1 Janu 1947, burials be made in accordance POli~ti~tua~; procedures in effect on or after (2) Government-owned Confederate ceme- teries, COnfederate plots, soldiers' lots, monument sites, and memorial parks are closed to burials. No additional inter- ments will be made in these national cem- etery activities. (3) Burials will not be made in memorial sections. (4) ursuant to Executive Order 6166, ne 1933, as amended by Executive r- de 6228, 28 July 1933 and Exec tive Ord r 8428, 3 June 1940, the n ional ceme ries listed below are mm er the jurisdi tion of the National Par Service of the artment of the Inter~ r. Ceme- teries tha are active for bu 1 purposes are indica dby an asterisk ). District of Columbia Battle Ground I4ouisiana Chalmette (Arabi) Maryland Antietam (Sharpsbur Mississippi Vicksburg Montana *Coster Battlefie (CrowA y) Pennsylvania *G~f4~ysburg Tennessee *Ajidrew ohnson (Greeneville) *Fort D elson (Dover) *Shilo (Pittsburg Landing) *Ston River (Murfreesboro) 3Virginia F ericksburg P plar Grove (Petersburg) orktown By agreement between the Department 10 TAGO 916A PAGENO="0233" 229 Superseded by Change 9 y and the Department of tenor, ief of Support ices is responsible for * gel~igibility for burial, and f mtaini rds of in- term nd interment statistics a ove-listed cemeteries. 25. Assignment of gravesites. a. Under pres- ent policy of the Department of the Army, only one gravesite is authorized for the burial of the service member and eligible members of his im- mediate family. This policy will be applied to all national cemeteries under the jurisdiction of the Department of the Army, except in these cases in which the Chief of Support Services specifically determines this to be infeasible. b. Gravesites will not be reserved in cemeteries in which the one-gravesite-per-family-unit policy has been placed in effect. a. Gravesite reservations made in writing prior to the establishment of the one-gravesite-per- family-unit policy will remain in effect as long as the reservee remains eligible for burial in a national cemetery. 26. Disinterments. a. Interments of eligible decedents in national cemetery activities are considered permanent and final, and disinterments will be permitted only for cogent reasons and then only with the prior written authorization of the Chief of Support Services (SPTS-MC). Dis- interments and removal of remains from a national cemetery activity wifi be approved only when all living close relatives of the decedent give their written consent or in recognition of a court order directing the disinterment. b. All requests for authority to disinter remains, except for cases covered by e below, will include the following information: (1) A full statement of reasons for the pro- posed disinterment. (2) Notarized statements by all close living relatives of the decedent that they inter- pose no objection to the proposed disin- terment. "Close relatives" are defined as widow (widower), parents, adult brothers and sisters, and adult children of the de- 27. General. This section establishes the re- sponsibilities for planning, design, construction, repair, and maintenance in connection with the de- cadent and will include the person who directed the initial interment, if living, even though the legal relationship of such person to the decedent may have changed. Sample copies of the required affidavits will be furnished by the Office of the Chief of Support Services (SPTS-MC) upon request. (3) A sworn statement, by a person having knowledge thereof, that those who sup- plied affidavits comprise all the living close relatives of the deceased, including the person who directed the initial interment. a. In lieu of the documents required in b above, an order of a court of competent jurisdiction will be considered. The Department of the Army or officials of the cemetery should not be made a party to the court action since this is a matter between the family members involved. d. Any disinterment that may be authorized under this paragraph must be accomplished with- out expense to the Government, except those cov- ered by e below. e. ccording to law (73 Stat. 547; 24 U.S 281), e remains of any person listed in ra- graph (5) may, in the discretion of th acre- tary of Army, be removed from ational cemetery pr er and interred in the oat section of a national metery or in a po cemetery if, ~° upon death, the lated person amed in para- graph 24b(1) thro h (4) is ot buried in the 0 same or an adjoinin v te; provided, how- ~` ever, that the remains o person listed in pam- ~ graph 24b (1) through is not buried in the .~ cemetery proper if th ervic ember is- (1) Lost or bu d at sea; (2) Officiall determined to permanently ~- absent a status of missin or missing in c~ acti (3) cially determined to be dea for the urpose of terminating his status miss- ing or missing in action; or 4) One whose remains have not been - covered. velopment, expansion, and maintenance of na- tional cemetery activities under the jurisdiction of the Department of the Army and financed from AR 290-5 Section m. DESIGN, CONSTRUCTION, AND MAINTENANCE TAGO S1SA 11 PAGENO="0234" AR 290-5 230 civil functions appropriations for "Cemeterial Ex- penses, Department of the Army." Regulations which are inconsistent herewith are inoperative so far as the design, construction, cad maintenance of national cemetery activities are concerned. 28. Explanation of terms. a. Project design requirements criteria. Include- (1) The scope, functional, quantitative, and qualitative requirements of the items listed in e(l) below. (2) General type of construction and archi- tectural characteristics. (3) Cost limitations. 5. Engineering and/or architectural inre.stiga- tion-s. The3e include the niaking of on-the-site topographic and subsurface surveys, tests, archi- tectural measurements, engineering or architec- tural studies, cost estimates, reports, and recom- mendations incident to existing or proposed major construction as defined in e(1) below. a. Design.. This includes preparation of gen- eral development plans and working drawings, specifications, and cost estimates covering existing or proposed major items as defined in e(l) below. d. (Jontraet documents. These include, but are not limited to- (1) Working drawings and specifications. (2) Abstracts of bids and recommendations for awards. (3) Contracts, performance bonds, and re- lated papers. e. Construction. (1) Major construction covers area develop- ment and includes initial erection or in- stallation of basic cemetery buildings, structures, roads and other paved areas, utility systems, or terrain modifications for the original development or alteration of any of the foregoing, requiring de- tailed engineering investigation, or other field engineering work, and the execution of engineering or architectural designs by the Corps of Engineers. (2) Minor construction includes landscape planting, minor alterations, additions, or extensions to, or modifications of, any of the basic items listed in (1) above for which engineering investigations or other field engineering work and engineering or architectural designs by the Corps of En- gineers are not required. f. Other documents. These include documents in connection with the acceptance and transfer of completed work to the using agency. g. Repairs and utilities. Includes any mainte- nance or repairs to the cemetery grounds and those structures described in e(l) above for which en- gineering investigations or other field engineering work or engineering or architectural designs by the Corps of Engineers are not required. 29. Responsibilities. a. Chief of Support Serv- ices. The Chief of Support Services is respon- sible for- (1) Long-range planning for the national cemetery program, which includes- (a) Establishing the scope and determin- ing the functional, quantitative, and qualitative requirements of all essential facilities. (5) Initiating and/or reporting upon en- abling legislation. (c) Establishing priorities and allocating planned projects to the budgetary pro- grams of the Department of the Army by fiscal years. (2) Establishing design requirements criteria, type of construction, and/or architectural characteristics of all items as specified in paragraph 28e(1). (3) Review and approval of preliminary plans, designs, specifications, cost esti- mates, the scope of work to be accom- plished and concurrence in whether or not contracts will be awarded on items speci- fied inparagraph28e (1) and (2). (4) Participating in final acceptance inspec- tions of completed work and concurrence in action to be taken as a result of such inspections. (5) Development of requirements and de- fense of budgetary estimates as they re- late to the necessity for each item and concurrence in the use of funds appropri- ated therefor. (6) Providing specialized consultative serv- ice during the progress of the work, when requested, to the agency or agencies re- sponsible for accomplishing construction. (7) Exercising technical and staff supervi- sion over national cemetery supervising offices and commands in connection with the construction, operation, development, 12 TAGO 91~A PAGENO="0235" 231 maintenance, and repair of national cem- eteries so far as they are authorized to perform or participate in tke perform- ance of such functions. b. Chief of Engineers. The Chief of Engineers is responsible for- (1) Conducting engineering field investiga- tions of conditions at the site, based on requirements criteria established by the Chief of Support Services. (2) Preparing budgetary, preliminary, and final pians for major construction, in- cluding engineering and architectural de- signs, working drawings, specifications, and cost estimates. These documenth will adequately delineate the scope of each item. Cost estimates will be de- fended as requested. (3) Preparing and executing contract docu- ments necessary to construct or procure the facilities to be provided and effecting the construction or procurement thereof, including supervision and inspection during the progress of the work. (4) Coordinating with the Chief of Support AR 290-5 Services arrangements for joint final ac- ceptance inspection of completed work. (5) Furnishing the Chief of Support Serv- ices with a complete set of reproducible "as-built" drawings for each completed major project and operating and mainte- nance instructions and guarantees for equipment. a. Supervising officer8. The supervising offi- cers are responsible for- (1) Accomplishing the repairs and utilities functions as defined in paragraph 28g. (2) Accomplishing of such minor construc- tion as may be directed by the Chief of Support Services. (3) Participating in all final acceptance in- spections of completed construction and taking action to correct deficiencies in minor construction as directed by the Chief of Support Services. (4) Signing transfer documents and accept- ing property accountability for com- pleted construction as specified by para- graph 31c(2). Section IV. INSPECTIONS 30. General. National cemetery activities wifi be inspected as prescribed herein or by special instructions from the Chief of Support Services. 31. Inspections to be made. Except as other- wise provided in paragraph 30, inspections of national cemetery activities will be as follows: a. Technical, operating, and adndnistrative in- 8peotions. (1) By representatives of supervising offi- cers-at least once a year. (2) By representatives of the Chief of Sup- ~ b. Special inspections. (1) By representatives of the Chief of Sup- port Services-when required. ~ (2) By representatives of the supervising officers and the cemetery superintendent- as frequently as necessary. a. Construction and landscape planting. (1) By a technical representative of the Chief of Support Services-for the acceptance of completed construction or landscape planting projects. (2) By representatives of the Chief of Engi- neers and Chief of Support Services-for construction performed or procured by the Corps of Engineers. A representa- tive of the supervising officer will be pres- ent at such inspections to sign documents for the acceptance of real estate property accountability. d. Annual general inspections. (1) In accordance with AR 20-1, the responsi- bilities for annual general inspections of national cemetery activities are as fol- lows: (a) Within continental United States. This responsibility is assigned to the Commanding General, U.S. Con- tinental Army Command. (b) Outside continental United States. This responsibility is assigned, in each TAGO 916A 13 PAGENO="0236" 232 AR 290-5 case, to the commander of the major oversea command in whose area the na- tional cemetery is located. (2) The office of The Inspector General, Headquarters, Department of the Army, is the office of record for all reports of inspector general inspections of national cemetery activities; and all such reports will be forwarded to that office. The Commanding General, U.S. Continental Army Command, wifi forward the reports direct to The Inspector General. The major oversea commanders con- cerned will forward the reports to The Inspector General through the Chief of Support Services. (3) Miscellaneous activities maintained by contract between the supervising officS and private contractors, such as inactive national cemeteries, soldiers' lots, Con- federate plots, memorials and monuments, will not be subject to annual general in- spections by inspectors general. 32. Scope of technical, operating, and admin- istrative inspections. The inspections prescribed by paragraph 31a(1) and (2) will include, but will not necessarily be limited to, observations and evaluations as to compliance or deficiencies on each of the following items: a. Adn~inistration. * (1) Whether reports and records of inter- ments and reservations are being prepared ~ promptly and maintained accurately and ~ whether headstone inscription data is ac- ~ tually verified by next of kin. ~ (2) er replies to corresponden ~ accurate, 1 and clea e er they are answered . and whether ~ they are ared in accor with ap- -~ le instructions. ~ (3) Whether correspondence and historical ~ records are maintained in accordance with ~ applicable regulations; adequacy of the ffling system and equipment. (4) Whether estimates of budgetary require- ments submitted to the supervising officer by the superintendent are realistic, exces- sive or deficient, and adequately substan- tiated. (5) Whether headstones are inspected promptly upon receipt for damage and conformance of inscriptions to headstone orders; wlether DA Forms 2121 (Record of Gravesite Reservation) and DA Form 2122 (Record of Interment) are posted to reflect changes; and, as determined by a spot check sampling, whether head- stones are erected at correct locations. (6) Whether prescribed procurement and property accountability regulations and procedures are being observed. (7) Whether cemetery personnel are being adequately trained in cemetery policies, methods, and procedures; whether they are observed to assure that optimum efficiency and accuracy are achieved and maintained. (8) Whether recruitment procedures for which the superintendent may be respon- sible are sufficiently effective to assurethat there is no undue loss of man-years be- cause of delay in filling authorized pod- tions. (9) Whether the superintendent is qualified and effective in his position; whether his appearance and personality are pleasing; whether he has the potential and desire for advancement to more responsible posi- tions within the National Cemetery Sys- tem. (10) Number and adequacy of cemetery per- sonnel on duty; number of authorized positions which will be filled; adequacy of funds provided. (11) Whether the regulations on the erection of private monuments are being complied with. (12) Whether communication services to and from the cemetery and costs thereof are satisfactory. (13) Whether the superintendent and other cemetery personnel subject to the Career Program for Cemetery Management have a copy of, and understand, the ap- plicable career management regulations (CPR OP-series) ; whether these regula- tions are adequate. (14) Estimated number of visitors to the cemetery annually; basis of estimate. 14 TAGO 916A PAGENO="0237" (15) Determine what, if any, action has been taken on deficiencies reported as a result of annual general inspectiosis by inspec- tore general, representatives of the super- vising officers, and of biennial inspections by representatives of the Chief of Sup- port Services. (16) Determine whether the records of the installation inspected contain a copy of each report of inspection and copies of correspondence relating to the action taken, or if no action was taken, the rea- sons why not. (17) Determine whether the superintendent or other official in charge of the installa- tion inspected brings to the attention of the inspecting official copies of official re- ports and correspondence pertinent to the inspection being made by him. ~. Operations. (1) Nature and adequacy of working rela- tionships between cemetery personnel and funeral directors, local veteran and civic organizations, Federal agencies, and oth- ers who transact business with, or have an inherent interest in, the national cem- etery. (2) Understanding of the superintendent and other concerned cemetery personnel of, and compliance with, applicable poli- cies, regulations, and procedures relating to- (a) Establishing eligibility for interment and gravesite reservations. (b) Conditional burials-by agreement with next of kin pending final determi- nation of eligibility. (c) Scheduling, arranging, and effecting individual and group burials of active duty decedents and veterans of the Armed Forces and their eligible de- pendents. (d) Methods of accurately laying out, open- ing, and backfilling graves. (e) Preparation and erection of temporary markers and accurately locating and setting of permanent headstones or markers. (3) Adequacy and condition of casket-low- ering devices, grass greens, funeral tents, AR 290-5 grave-excavating and backfilling equip- ment, and other burial equipment; feasi- bility of providing additional labor-sav- ing devices and equipment. (4) Existence of unusual conditions which require special consideration from the standpoint of resources, such as the diffi- culty in the preparation of graves because of rock, hard ground, a high water table, sand, extreme cold, and other such condi- tions. (5) Depths to which graves are dug for sin- gle and multiple burials. (6) Number of conditional interments made since last inspection. (Attach statement from superintendent showing names of decedents, dates of burials, authority, and reasons for each conditional burial.) a. Maintenance. (1) Condition of buildings and structures, including large monuments, foundations, structural framing, floors, roofing, sheet metal, and miscellaneous metal work; ex- terior and interior painting; water, plumbing, heating, electricity, sewers, storm drainage, fire and safety precau- tions. (2) Adequacy and condition of cemetery in- closure; roads, walks, curbs, gutters, and drains; existence of erosion or soil prob- lems. (3) Condition of lawns, trees, shrubs; ade- quacy of measures to feed, trim, cable, prune, brace, splice, and prevent damage or disease thereto; insect and pest con- trol; whether landscape planting is ade- quate, excessive, or deficient; nature of co- operation received by superintendent from city, county, and State agencies and/or need for technical advice or staff assistance from the Office of the Chief of Support Services on landscape plant- ing or horticultural problems. (4) Appearance of lodge areas; whether the lawn space assigned the superintendent is adequate; whether clotheslines, play areas, and other lodge features which are not necessarily related to cemetery affairs are appropriately screened from public view. 233 TAGO OlGA 15 PAGENO="0238" AR 290-5 234 (5) Adequacy of policing of cemetery for re- moval of trash, dead flowers, and unau- thorized flower receptacles. (6) Adequacy and neatness of storage areas and facilities. (7) Whether permanent flower containers are installed in accordance with TM 10-287. (8) Alineinent and cleanliness of headstones, markers, private monuments, and legi- bilit.y of inscriptions thereon; necessity for repairs or replacement. (9) Condition of undeveloped areas; also of any area outside the cemetery inclosure for which the cemetery has maintenance responsibility. Necessity for action by superintendeist with local individuals or officials for maintenance of adjacent area outside cemetery for which the Govern- ment is not responsible. (10) Adequacy and condition of approach road. (11) Utilization of cemetery lands; whether there are areas in cemetery which are not presently, but which could appropriately be laid out in, gravesites; number of "obstructed" gravesites in the cemetery, reasons for obstructions, and feasibility of removing obstructions. (12) Whether group burial lots, if any, are appropriately marked with the prescribed group burial corner markers. (13) Comparison of the degree of mainte- nance of the national cemetery with the maintenance of private cemeteries in the * local area served by the cemetery; express in percentages, assuming 100 as meeting the desired national cemetery standard. (14) Existence of actual or potential factors in the area which may have an adverse effect upon the cemetery, such as indus- trial plants creating noxious fumes, smoke, or dust; abattoirs; extreme noises. 33. esults of inspections, a. The results inspecti made pursuant to paragraph 3 a, b (1), and c 11 be submitted in writing the su- pervising office or the Chief of Su rt Services, as appropriate. in 22 work ys after the in- spection itinerary ha been mpleted. A rat.ing "Superior," "Excellent Satisfactory," or "Un- w satisfactory" will b sign to indicate the eval- uation of each ~ eral catego inspected, i.e., ad- ministration peration, and ma tenance of the ~ cemetery A summary rating as o lined above will be assigned to indicate an eva ation of overall condition of the cemetery. b. Information as to the action taken on any deficiencies recorded pursuant to a above which require action by the superintendent or other offi- cial in charge of the installation will be submitted in writing to the Chief of Support Services, ATTN: SPTS-MC, through charmels within 22 workdays after the prescribed data has been re- ceived. If action on the deficiencies has not been completed by the time this submission is due, the reasons why not will be explained. Section V. HEADSTONES AND MARKERS 34. General. a. Authority. All graves in na- tional cemetery activities will be appropriately marked. The act of 27 August 1954 (68 Stat. 880), as amended, provides that the Secretary of the Army will set aside, when available, suitable plots in the national cemeteries under his juris- diction to honor the memory of members of the Armed Forces missing in action or who died or were killed while serving in such Forces and whose ren~ains have not been identified, have been buried at sea, or have been determined to be nonrecover- able. The act of 1 July 1948, as amended by the acts of 14 and 28 August 1958 (24 U.S.C. 279a), authorizes and directs the Secretary of the Army to furnish, when requested, an appropriate memo- rial marker or grave marker. Except as provided in paragraph 35 a, b(2), and a and paragraph 36 a and a, headstones will be of white marble, upright slab design. 5. Applications. Headstones and markers fur- nished by the Government for graves in national and Army post cemeteries will be ordered from Reports of Interment (DA Form 2122). Appli- cations from next of kin are not required. How- ever, Applications for Headstone or Marker (DD Form 1330) are required for memorial markers and must be submitted or approved by the next of kin of the decedent. 16 TACO ~C6A PAGENO="0239" 235 a. Inscriptions. Inscriptions on Government headstones, markers, and private monuments will be in accordance with policies and specifications of the Chief of Support Services. The section desig- nation and grave number will be incised on the reverse side, near the top of the upright head- stone. The section designation and grave number on flat granite markers and flat marble markers will be incised on the front (face) of the stone in the upper right corner. Instructions concern- ing the section designation and grave number on private monuments arecontained in chapter 4, TM 10-287. ci. Replaeenaent policy. (1) Headstones and markers will be replaced only if they are damaged or weathered to the extent that they are no longer service- able, if they constitute a safety hazard, or if the inscriptions are illegible. (2) All Government replacement headstones and inscriptions thereon will be identical with the original headstone so far as prac- ticable and desirable. (3) If the Chief of Support Services deter- mines that private monuments are not maintained in a safe and serviceable con- dition, the next of kin will be given an opportunity to effect necessary repairs or to replace the monument. If the next of kin cannot be located or if he/she will not accept responsibility for repairing or re- placing the monument, the Department of the Army reserves the right to remove the monument from the cemetery and re- place it with a standard Government headstone or marker. 35. Furnished by the Government. a. mdi- vi&uaZ graves. In those cemeteries where the use of flat markers for marking individual graves has been approved specifically by the Secretary of the Army, the markers will be granite and will con- form to specifications approved by the Chief of Support Services. b. Multiple interment8. (1) Whenever an additional interment is made in a grave, the stone will be replatsd with a multiple-inscribed stone of the same type. Upright replacement stones will be inscribed on the face with the names of all decedents, together with AR 290-5 other pertinent inscription data, if space permits. When space is insufficient to accommodate the inscription of all de- cedents, inscription for the service-con- nected decedent and his spouse will be plac& on the face of the stone, if pos- sible; ~-~d inscriptions for the additional interments will be cut on the reverse side. (2) In those cemeteries where flat granite stones are authorized specifically in lieu of upright headstones, inscription data for additional decedents will be placed on the face of the stone, if space permits. When space is inadequate for this pur- pose, two stones will be provided and will be placed side by side at the head of the grave with the long sides in alinement with the stones marking the adjoining graves on each side. In lieu of two flat markers for multiple interments, one stone of special design may be furnished, as determined by the Chief of Support Services. a. Group burials. The design of headstones or markers erected for group interments will be as determined specifically by the Office of the Chief of Support Services. ci. Memorial snarlcers. Memorial markers may be erected in national cemetery sections established for this purpose, and such markers will be of the standard design authorized for the cemetery in which they are to be erected. In addition to the authorized inscription, the words "In Memoriam" or "In Memory Of" are mandatory. - 36. Monuments and inscriptions at private expense. a. The erection of markers and monu- ments at private expense to mark graves in lieu of Government headstones and markers requires prior approval of the Chief of Support Services and is permitted only in sections in existing na- tional cemeteries in which private monuments and markers were authorized as of 1 January 1947. Such monuments wifi be simple in design, digni- fied, and appropriate to a military cemetery. The name of the person(s) or the name of an organi- zation, fraternity, or society responsible for the purchase and erection of the marker will not be permitted on the marker or anywhere else in the cemetery. TA~ 916A 17 PAGENO="0240" AR 290-5 236 B. Where a headstone or monument has been erected to an individual interred in a national cem- etery and the next of kin desires to inscribe thereon the name and appropriate data pertaining to a deceased spouse, parent, son, daughter, brother, or sister whose remains have not been re- covered and who would have been eligible in their own right for burial in a national cemetery, such inscriptions may be incised on the headstone or monument at no expense to the Government with the prior written approval of the Chief of Sup- port Services. The words "In Memoriam" or "In Memory Of" are mandatory elements of such in- scriptions. a. Except as may be authorized under para- graph 35c for marking group burials, ledger mon- uments, monuments of free-standing cross design, narrow shafts, mausoleums, or overground vaults are prohibited. Underground vaults may be placed at private expense, if desired, at the time of interment. d. Specific instructions concerning private mon- uments and markers are contained in TM 10-287. Section VI. PERSONNEL MANAGEMENT 37. General. All personnel of the National Cemetery System will be employed and adminis- tered in accordance with applicable laws, (Jivil Service and Department of the Army Regulations, and policies of the Chief of Support Services. a. Civilian Career Program for Cemetery Man- agement. Department of the Army civilian per- sonnel regulations designate the Chief of Support Services as the functional chief of the Career Pro- gram for Cemetery Management. Functional chiefs of career programs have Army-wide respon- sibility for leadership, planning, developing, and administering career management for career fields supporting the mission or functions for which they have primary Army responsibility. This pro- gram specifies input, training, inventory, referral, appraisal, promotion, and related criteria and pro- cedures designed to develop and insure~ a work force of optimum quality and efficiency. All su- perintendent positions and other cemetery career management positions subject to this program will be administered in accordance with the policies and procedures specified in CPIt CP-series and special instructions of the Chief of Support Serv- ices. B. Esuiluation of cemetery superintendent posi- tions. Official statistics maintained by the Chief of Support Services for the items outlined below will be used in conjunction with other position classification factors in evaluating cemetery su- perintendent positions. These statistics will be furnished the appropriate supervising office an- nually as of the end of each fIscal year for each cemetery. (1) Total number of gravesites used at the end of lastflscal year. (2) Annual interment rate for the last fiscal year. (Nonnormal interments, such as mass reinterments on a one-time basis, will be excluded from computations of the annual interment rate.) (3) Number of developed acres at the end of last fiscal year. 38. Cemetery career management personnel. a. Requirements for appointment to superintend- ent positions. Persons selected to fill the position of superintendent, assistant superintendent, and trainee superintendent must meet appropriate United States Civil Service Commission qualifica- tion ~andards and, additionally, will be selected from among meritorious and trustworthy per- sOns who served inthe Armed Forces of the United States and who either were retired for physical disability or were discharged or released there- from under honorable conditions and are entitled to receive compensation for disability under the laws administered by the Veterans Administration (act of 24 March 1948 (62 Stat. 84), as amended by the act of 30 August 1961 (75 Stat. 411; 24 U.S.C. 275).) B. Appointment, reassignment, or reinstatement of trainee superintendents. Trainee superintend- ent/assistant superintendent (relief) positions will be established only at those national ceme- teries as specifically authorized by the Chief Sup- port Services. Supervising offices will make ten- tative selection of candidates for vacant positions. However, prior written approval of the Chief of Support Services is required for the appointment, reassignment, or reinstatement of persons to such positions. Supervising offices will submit the fol- lowing data to the Chief of Support Services, 18 TAGO 9iOA PAGENO="0241" ATTN: SPTS-MC, for each applicant who is eli- gible and is unqualifiedly recommended by the supervising office for appointment, reassignment, or reinstatement: (1) Standard Form 57 (Application for Fed- eral Employment). (2) Written results of interview with appli- cant. (3) Results of record check. (4) Other pertinent qualifications data. (5) Recommendations of the supervising office. a. Prior approval of other personnel actions. Approval of the Chief of Support Services is a prerequisite for reassignments, promotions, per- manent changes of station, demotions, and re- movals of personnel occupying superintendent positions and the position of chief and assistant chief of National Cemetery Supervising Offices. d. Permanent changes 0/station. Superintend- ent personnel are employed with the understanding that they are subject to transfer anywhere within the National Cemetery System as is determined by the Chief of Support Services to be in the interest of the Government. Demonstrated ability and efficiency in the management of the smaller ceme- teries will be important factors in determining eligibility for transfer to larger cemeteries. When transfers are made solely in the Government inter- est, the change of station will be made at Govern- ment expense in accordance with regulations that govern at the time the transfers are effected. Servicing civilian personnel offices are responsible for accomplishing all teclmical civilian personnel processes involved. e. Other personnel actions. Supervising offices and their servicing personnel offices are responsible for accomplishing personnel actions other than those specified in a above without prior approval of the Chief of Support Services. These officials are also responsible for providing the Chief of Support Services with sufficient advance notice of contemplated actions involving separations to per- mit the filling of vacancies as promptly as possible. Information copies of papers or briefings of the circumstances involved in written disciplinary~ cc- tions will be furnished the Chief of Support Serv- ices promptly for inclusion in records that are maintained by that Office for the Career Program for Cemetery Management. Subsequent reversal TA~ 916A AR 290-5 or lessening of disciplinary actions will also be re- ported after completion of action. f. Quarters and utilities. (1) Superintendents are required by law, as implemented by the Department of the Army policy, to reside in the lodges pro- vided in the national cemeteries in order to protect Government property and fur- nish information to the public. Super- intendents, therefore, will be furnished quarters (where available) and utilities, including fuel for space and water heat- ing and cooking. (Act of 26 July 1957 (61 Stat. 501; 24 U.S.C. 274) and the act of 30 July 1912 (31 Stat. 240; 24 U.S.C. 276).) (2) Charges for quarters and utilities fur- nished cemetery personnel will be fixed and administered in accordance with ap- plicable laws and regulations. The re- sults of appeals made to the appraising agency by supervising offices, which are required to be submitted to Headquarters, Department of the Army, will be for- warded to the Chief of Support Services, ATTN: SPTS-MC. All backup papers showing the basis for the rental and util- ity charges proposed by the agency mak- ing the appraisal will be submitted with the appeal. Charges proposed by the appraising agency which are appealed by the supervising office will not be placed in effect until the Chief of Support Services has adjudicated the appeal. (3) Quarters will not be constructed in na- tional cemeteries for the primary pur- pose of providing living accommodations for personnel other than superintendents and bona fide members of their house- hold. However, with the prior approval of the Chief of Support Services, other residential structures on cemetery lands may be assigned to civilian personnel. (4) Superintendents or other persons to whom housing facilities are assigned will exercise due care to protect the facilities from damage other than reasonable wear and tear. These individuals will be held responsible for the conduct of persons 19 237 85-382 0 - 73 - 16 PAGENO="0242" 238 AR 290-5 occupying the facilities as guests or bona for abnormal damage to the facilities fide members of their households;. they caused by such members of their house- also may be held pecuniarily responsible held or guests. [SPTS] By Order of the Secretary of the Army: HAROLD K. JOHNSON, General, United States Army, Official: Chief of Staff. J. C. LAMBERT, Major General, United State8 Army, The Adjutant General. Distribution: Active Army, iVG: To be distributed in accordance with DA Form 12-9 requirements for Administration-D. USAR: None. 20 TAGO 916A PAGENO="0243" E. HEADSTONE PROGRAM (239) PAGENO="0244" PAGENO="0245" HEADSTONE PROGRAI~1 TABS: E-1. Procurement Statistics FY 1971 E-2. Application Form (241) PAGENO="0246" PAGENO="0247" PAGENO="0248" PAGENO="0249" EXHIBIT B COMPOSITE SUMMARY PROCUREMENT BY TYPE 1 JULY 1970 - 30 JUNE 1971 # OF STONES/MARKERS ORDERED 44,350 96 1314,14146 626 100 10,211 27 10,238 5,067 6 5,073 67,852 97 67 ,949 77 ,1419 181 77,600 206,032 206,036 206,032 206,036 (245) TYPE STONE/MARKER General General (Memorial) Total General Civil-Spanish Confederate Flat Marble Flat Marble (Memorial) Total Flat Marble Flat Granite 3" Flat Granite 3" (Memorial) Total Flat Granite 3" Flat Granite 14" Flat Granite 14" (Memorial) Total Flat Granite Li" Bronze Bronze (Memorial) Total Bronze SUB TOTAL GROUP BURIALS TOTAL PROCURE24ENT FREIGHT CHARGES TOTAL PROCURE~'1ENT & FREIGHT PROCUREMENT $1,922 ,0214 .08 4,209.32 1,926,233.40 24,758.30 3,955.00 298,727.146 81/4.89 299,542.35 117,018.28 163.50 117,181.78 1,6/45,536.07 2,495.75 1,6148,031 .82 1,516,398.87 * 3,544.L4l 1,519,943.28 5,539,6/45.93 2,830.85 5,5142,1476.78 * 733,545.45 $6,276,022 .23 AVERAGE COST $43,314 43.85 /43~34 39.55 39.55 29.25 30.18 29.26 .23.09 27.25 23.10 24.25 25.73 24.25 19.55 19.58 19.58 26.89 707.71 26.90 3.56 $30.Li6 PAGENO="0250" PAGENO="0251" E-2 (247) PAGENO="0252" PAGENO="0253" APPLICATION FOR HEADSTONE OR MARKER GENERAL INFORMATION The Government will furnish free of cost a headstone or marker to be placed at the UNMARKED grave of a member of the Armed Forces of the United States or the Confederate States of Ameri- ca who died in service or whose last discharge was honorable. The Government will also furnish a memorial headstone(general type only) or flat marker to be placed In a memorial plot to com- memorate any member of the Armed Forces of the United States dying In the service, wh one re mains have not been recove red or identified or were hurled at sea. (62 Stat, an amended 24 USC 279 s.d.) The applicant may choose anupright headstone of marble, or a flat marker of marble, granite, or bronze (nec ptctureo on other aide of this aheet). However, someone is chaege of the cemetery In which the deceased is burled must state that the headstone or mark or chosen will be permitted at the grave. Some sections of a cemetery are restricted as to the type and design of head- stone or marker permitted within a section. An applicant for a memorial headstone or marker must be a / close relative of the deceased (widow, child, parent, grand- parent, b-other or alatee). erecting a headstone or mackm may apply for one. Before person who is not a member of the dcreased's family submIts an application, he, or she should be assured, when possible, that the family of the deceased prefers a Government headdtone The upright or Bat stone mill be shipped on a Government bill of lading at Government eopenne to the freight station desig' sated by the applicant. Bronze markers will be mailed by par- cel post to the post office address of the person or firm desig- nated as the consignee. If so one is designated, the marker will be mailed to the applicant. The person submitttng this application must arrange for transporting the headstone or mark' er to the cemetery and erecting It. ALL EXPENSES OF TRANSPORTING TO THE CEMETERY AND ERECTING THE HEADSTONE OR MARKER MUST BE AT PRIVATE EXPENSE. The law does not provide for a monetary allowance instead of furnishing Government headstones or markers, nor does It pro- vide funds for fences or any other p~osen connected with ins. proving the grave site. Headstone or marker furnished In con- nection with this application remains the property of the United States Government and cannot be used for any purpose other than that stated on the application. This form has been ap- proved by the Bureau of the Budget and assigned No. 22-R205. (14) Print or type the name, city and state of the cemetery In which the deceased is buried or is to be memorialized. (15) The name and address of the applicant (and relationship to the deceased if the stone or marker is a memorial). Your signature in thin space indicates your understanding that you or the consignee named is Item 17 agrees to remove the stone or marker from the freight station within 48 hours after the date of mailing of arrival notice. At expiration of the 48 hours per- mitted for free storage, railroad storage charges begin to accrue daily, for which the Government assumes no res possibility. (16) The railroad freight station (designated by consignee named in Item 17). The freight station most have as agest and accept less than carload shipments. (If this application is for a bronze marker, do not complete this item.) (17) Since the Government does sot pay for moving the ntose from the freight station, you or someone you choose must do this. This person will be the consignee for the shipment and he agrees by signing his name. He should be someone living In the vicinity of the cemetery. (18) The type of headstone or marker being applied for (same an checked in flew 13). The signature of the superintendent, caretaker, sexton, or other person Is charge of the cemetery is reqoired and indicates that the type of headstone or marker you have selected will be permitted at the grave or memorial plot. CAUTION Please check the application again. Is it complete and accu- rate? Mistakes cannot be correctrd after the headstone or marker is manufactured. Be sore you have (1) selected the type of headstone or marker permitted at the grave; (2) givrn the correct religious emblem, State, and dates of birth and death as they are to appear on the headstone or markrr; (3) signed both copies of the application and that the consignee and the cemetery official have also signed both copies. Any person who will accept responsibility for receiving and AVOID ERRORS READ CAREFULLY INSTRUCTIONS FOR COMPLETING APPLICATION PLEASE PRINT OR TYPE. Numbers refer to bones on application form. (1) The last, first and middle names in full of the deceased whose grave nile will be marked. (If a different none was z~ed lntheservice.ahowlhatnamealoo.) Brsoeenameincot' rectly printed or typed. If the application is for a memorial stone or marker for aserv ice member whose remainn were non- recoverable, please print the woed NON-RECOVERABLE below the name in this block. (2) The full service serial number of the deceased, when available. (3) The pension number or Veterans' Administration Claim number, If known. (4) (5) The.month, day, and year the deceased entered service and the date of discharge. (If more than one en liniment and discharge, give dates for each.) (6) The state or foreign country of residence, birth, eulistment, or death. The state or c005try yon designate will appear on the headstone or marker. (7) Any military decorations awarded the deceased In recog- nition of hetolc or meritorious acts; such as Purple Heart, Distinguished Service Medal, Medal of Honor, et cetera. (8) (9) The highest grade or rank held by the deceased, the Branch of service (Army, Navy, Air Force, Coast Guard, Marines) and the organization (company, regiment, division, wing or squadron) In which the deceased held the grade/rank. (lO)(ll) Complete dates (rzionth, day,year)of birth and death. Months to be spelled out, do not use figures. (12) `l~he religious emblem you wish on the headstone or marker, (13) The type of headstone or marker you wish. Be sure that this type will be allowed in the cemetery. MAIL BOTH COPiES (ORIGINAL AND DUPLICATE) TO, Chief of Support Services Headquarters, Department of the Army A'fl'N: Memorial Division Washington, D. C. 20315 NO FEE SHOULD BE PAID IN CONNECTION WITH THIS APPLICATION (249) PAGENO="0254" UPRIGHT HEADSTONES OF MARBLE (Anierlccn While Marble) `. `\: 8' AUGUST 311837 -~ JUNE £ 1918 SI isth~s itttg, 12 i.tb.. vid., 4 itt.h.. thisk. Isse.ib.d clOt ten. ~f d...d.,tt, g.sd., 151k (if sb..~ p.4tst~), s~d s~thn~s.d gs~is*titc, f~i. lovsd by th. i.tt.y. "C. S. A.' 250 For eligible deceased who served with Confederate States Army For eligible deceased who served with Union forces, Ci~ll War (April 15,1861- August 20, 1866) and Spanish-American War (April 21, 1898-April 11, 1899) Foreligible deceased except those of the Civil and Spanish-American Wars 42 lt.eh.. 111g. 13 ititbys vid.. 4 i,t.h.s thltik. 39 l,t,i.s I"tt.. 12 itt.h,s nid., 4 itttih~s thitik. %VIthI,t.ns1l.ly.i,sh~ti.i,ts.,ipti@tiviIib. tilt Itt1.1lptiIIviiitiII1i1tlft%5ttitlfd.ti.d~!tt.fti5d.. .ith.t- Lstht C,ns f.. Ch.ististt.. S(s. ~f Dstid ys1k (If shl'. p.i.st~). stid s,*th~.i.,d is. Sftb.,vs, Iy .t,tbl,ct. es .i..t.d. lI~,t. Wh.. h.ldshlt, I, ~s.d fly Sp~ttlsh.A,tt..I iti...Ib.d vith fsIl 11,1, .4 d...d..t. Stst.. Ws.s.yti,,. lb. c~yds "Sp. A,t.. We. g.sd., ysttk, slthlti..d ,ygs.ti.sti~tt, p1.4.4 sdd,d b.i~c lb. gstiI.stisti. ti nd.. is dIstlIgllsl Is. .htctt I, .Rplsl p.t.ds snh this s..tlt. fp1~~t Citili Wsys..tik.. Wnld Wsp I sed/~. II, M.~k*tt Wst, Ws, 1115, .t..) sttd th. ateth, dsy, s,td 7151 tf bipth s.d ds.tb. FLAT MARKERS (Choice of Type/or Eligible Deceased Regardless of Service Period) AMERICAN WRiTE MARHIE OR LIGHT GRAY GRANITE BRONZE * ROBERTO WILLiAMSON. PENNSYLVANIA PVT 104 JNF 26 DIV WORLD WAR II APRiL 111899 FEB 10 1946 Ms.kn 1124 nh.. I,.g, II ktph.s vid. s.d 4 i,yh.. tbnk. Withit, s .nsii Ms.bn 1.24 inbnlt,g 12 ieth..nldg snd%.f seI.,b 1152 sbn. f,snds- 111115 sbon lb. Issniptit. viii b. p.t .(tb~. 1 L.sti,t C.~.. f,. Chynt,ss., Ste. 1,11, Es.h ~spk.y 1. f.yai.h,d clOt sIckly blil. fn fs.t.li,,g II f~s.,ds .1 Ds.ld fn Sisby.v., tl II lnbi.n. es .ip.t.d. I,snib.d vith lb. ,f lb. list,. Ab.c. lb. ils..lptlltt liii is .ithn Lsth, C.*.. flti Ch,i.tlstn, Step dnsd.st, lb. SIStI, gpsd., nIb, IIIbniIld ,tigslilstill. vs. pItIId tf styci,. Ostild f.y R.bnvs, Iti II .,t,bi.n, 54 .mnt.d. il...ipIIll viii Itilsist If lb. (es skId I,, lRpisl ..pnds es Wnid Ws, I ..ttd/n II, M..itisl Ws,, Ws, .51,I If tb~ dmdnt, It,. 51*1g. gcsd~ .11th, s.tbt11..d lnsli.stllI, vs. 1112.1..), s.td lb. m.th.dsy.ssd y.s.tf biyths,d d.sth. p.ricd If ..r.l.o (es IbId 11 tR.isl p.tlpds Weyld We, I lId/I, II,Mssi. Wee, Wee 1112, .1..), end lb. n.sth, dsy, s*d 75*1 If bi,tb s.d dlsth. t ROBERT C WILLIAMSON PENNSYLVANIA PYT 104 INF 26 DIV WORLD WAR ii APRIL 111899 FEB 10 1946 PAGENO="0255" 251 Is. The grave or memorial plot is unmarked and if a (b,..,t typ, ~I ,t~o. ,, ,s.,ke .hos,, N, II.m 13) is furnished by the Government, it will be permitted at the grave or memorial plot and all necessary arrangements for its placement have been made. DAYS *1ONATUCS AND TITI.S(S,,p.rMtSsdWI, Ssxton, oroth.rcn,,.t.?yoSfIcI.I) MAIL COMPLETED FORMS TO, ~ Chief of Support Services Headquarters, Department of the Army ATTN: Memorial Division Washington. D. C. 20315 DO NOT WRITE HERE to PNOCSUING UNIT CANCSLLATION ro RESOLUTION UNIT REPLACE TO TRANSPORTATION UNIT REACTIVATE IS. The grave or memorial plot is unmarked and if a (In..H typo .1 *Io,. ,o.,k., .I,o,,n N, lOss i3) is furnished by the Government, it will be permitted at the grave or memorial plot and all necessary arrangements for its placement have been made DAYS SiGNATURE AND TITLE (Sop.th,I~Id~,I, S.olon, oroIho,coI,,SI.n,M001.U MAIL COMPLETED FORMS TO, Chief of Support Services Headquarters, Department of the Army ATTN: Memorial Division Washington, D. C. 20315 DO NOT WRITE HERE TO RESOLUTION UNIT REPLACE TO TRANSPORTATION UNIT REACTIVATE PAGENO="0256" 252 OSIGISSAL DO FORM 1330, 1 NOV 62 EDNCI SOC 61 WWO KOREA APPLICATION FOR HEADSTONE OR MARKER DUPUCATE tt?PORTANT Ti~tv,c~ N0./OSAN 5. `Ibis .ppltrrtton is sobmitted for stone or earker for the ,tnnorked grace of. deceased member or footer eember of the Armed Forces of the U. S.. soldier of the Urion or Confederate Armies of the Cicil War or for , . " at oomarked terrorist plot for * nom-recocerable deceased member. I hereby agree to accept responsibility for proper placeeeot at tie cra~R Or eteetorial plot at 00 eopense to the G~ocerreent. - . . Aobreu OeseeLtCosn (Street addrnao, City, State acd ZIP Code) t2. RELIGIOUS EOILE.5 (CtecU ore) 5. ~ ,~ DO NOT am ITO tf000 °~O~O OCC005IG5SE (Street addrreo, City, State end ZIP Code) I. 6.~rs*ocos sosacoOc aaontcs, I teU~t, a. 555.151005 teStES COttonS arm) ~:::: ,oovas,eicoyrea d. See attached 5. h coptes. This application is aobeitted foe a storte oa earker for the uooaeked grace of a deceased oember or footer eterrher of the Armed Forces of the U. S., soldier of the Usion or Confederate Armies of the Cicil War or for an soeaeked terrorist plot for a eoe-eecocerabte deceased rtesber. I hereby agree to accept responsibility for proper placerrent at the grace or rreerorial plot at to eopense to the Gorerrceeot. OORSUOC AReLICAST (Street addreae, Ciry, State aod ZIP Cede) ~ooorsa oe COsslorsc (Street addreoa, City, State end ZIP Code) OD FORM 1330, 1 NOV62 ~ AP°FLICA f?t. `)R HI \C'~ `JP4E OR MhRKER PAGENO="0257" 253 EXHIBIT B ARL1 NGTON NATIONAL C ELM ETERY 85-382 0 - 73 - 17 PAGENO="0258" 254 ARLI NGTON NATIONAL CEMETERY Prepared for the Department of the Army, Office of the Chief of Support fercices, under the direction of the Norfolk District, Corps of Engineers, Norfolk, Virginia, by Keyes, Lethbridge & Condon, Architects, and Sasaki, Daa,nnn and Dc May, Landscape Architects. PAGENO="0259" 255 Forassistancein developing the comprehensive plan, acknowl- edgement is gratefally made to Ccl. James McFarland, Lt. Cot. W. W. Floyd, and Mr. Bobbie BelIer, all of the Department of the Army, Officeof the Chief of Support Sewices. Assist ance in carrying out the contractual responsibilities of this study has also been provided by Mr. William Tamm, Assistant Chief, Engineering Division, and by Mr. William 0. Burford,Chief, Civil Engineering Section, of the U.S. Army Engineer District, Norfolk. For photographs and other material we thank the Department of the fnterior, the Department of the Army, the Fine Arts Commis- sion, the National Archives, and the Office of John Carl War- PAGENO="0260" 256 CONTENTS Introduction page 7 Arlington, Past and Present page 11 The Cemetery Landscape page 19 Resolving the Conflicts of Use page 27 Building for the Future page 35 In Conclusion page 47 Maps and Illustrations Location Map, page 6 Aerial View of Cemetery, page 10 Comprehensive Plan of Cemetery, page 18 Landscape Plan for New Areas, page 22 Typical Road Sections, page 26 Circulation Plan of Cemetery, page 30 Plan of Amphitheater Area, page 31 Plan of Marine Memorial Area, page 33 Aerial View of Memorial Gate, page 34 Plans of Parking and Visitors' Center, page 36 Plan of Interim Parking and Visitors' Center, page 37 Plans of Administration Building, page 38 Plan, Section and Elevation of Service Buildings, page 40 View of Memorial Chapel, page 42 PlamP and Section of Memorial Chapel and Lagoon, page 44 PAGENO="0261" Location Map 257 I ARLINGTON NATIONAL / CEMETERY ~~1 0 1 (Thp;1& 1~1C/1 ~ 8 (66 8 \,(!hn 817Hh6~6 11 l%J~N188 12 ~ PAGENO="0262" 258 INTRODUCTION The development of Arlington National Cemetery has been a history of continual growth and change. Designated a national cemetery in lone 1864, the original 202 acres had been more than doabled by 1897; it will ultimately be ex- panded to an area of 622 acres with the addition of the groonds now occupied by the Sooth Post of Fort Myer. Arlington has come to symbolize the entire national ceme- tery system as a special place of honor, dedicated to the memory of American military and poblic servants. Arlington's felicitous location on the western slope of the Potomac highlands allows it to be seen from the nation's capital usa continuing reminder of the service and sacrifice of those svho have served their country well. From the Cemetery grounds, in turn, there is an extensive view of the city. With the completion of Arlington Memorial 8ridge and its processional approaches, the Cemetery became physically and symbolically tied to the axis of the Mall and into the fabric of ceremonial Washington. Arlington had long been one of the national shrines most favored by visit- ors to Washington from all parts of the country. The con- struction of Memorial Drive made Arlington more easily accessible to tourists arriving by car and bus, and a great increase in the number of visitors has been stimulated by the interments of famous people, the construction of me- morials to the dead of all wars, and the pageantry of mili- tary guard and burial ceremonies. As a reflection of changing social customs and aesthetic tastes the philosophy of cemetery administration and de- sign also changed over the years. Distinctions of rank and race have been erased; in the latter part of the nineteenth century the `Park Cemetery" ideal replaced assertive and crosvded monument displays svith park landscapes of ex- tensive laxs'ns and planting. The tradition of the military cemetery, xs'ith standard headstones and uniform rows, a broad pattern retaining the dominant form of the land, also influenced the development of Arlington's scenic charac- ter. The original open fields of headstones have been cano- pied by trees and are now part of a woodland park. Arling- ton is unique in successfully blending these concepts. In the fast decade it became apparent that the ever-increas- ing number of burials was outstripping the land available, and reduction in plot size, the requirement that all mem- bers of a family be buried in the same plot, and ultimately, PAGENO="0263" restriction of burials mainly to those who die on active duty or retired military service were imposed. Additionally, growth and development of the cemetery infrastructure did not keep pace with the emergence of Arlington as a national shrine. Increasing auto congestion, noisy buses within the gates, and tourists in a holiday mood contra- dicted the atmosphere of dignity and repose. To clarify varying functions and uses, to reorganize them while pre- serving the traditions of the Cemetery, and to delineate orderly patterns of growth, the architectural firm of Keyes, Lethbridge & Condon, in collaboration with landscape ar- chitects Sasaki, Dawson & DeMay, were retained by the Department of the Army, April 1966, to prepare a compre- hensive plan for the future development of Arlington Na- tional Cemetery, including the adjoining 200 acres of the South Post of Fort Myer. The architects were also commissioned to develop prelimi- nary designs forthose elements of landscape and structure that were necessary to carry out the objectives of the com- prehensive plan. Some of these objectives were as follows: a. to develop and entend the grounds of the Cemetery as a place of peace, reverence and natural beauty; and to create a strong sense of continuity between the new and older sections of the Cemetery. b. to provide adequate public facilities for parking, and for the orientation and guidance of many millions of per- sons who visit the Cemetery each year; and to plan these facilities in a way that would help preserve the essential qualities of the Cemetery from the impact of this ex- traordinary number of visitors. c. to provide a suitable buildingfor the administrative serv- ices of the Cemetery, and for the reception of persons who come to arrange for, or attend, funeral services at the Cemetery, the building to be located in an area apart from conflicting tourist activities. d. to provide an interdenominational chapel for funeral services within the new grounds of the Cemetery. e. to provide a building or group of buildings in which to house and service the vehicles and mechanical equip- ment necessary for the operation of the Cemetery. and lastly, to suggest modifications in the area of the Amphitheater and theTomb of the Unknowns thatmight 259 TheTumbefthrUnknoo.nSo!dier,c 1942 I PAGENO="0264" 260 enable the ceremonial fanclions which tabe place there to be condacled svilh nafety and dignity denpite the greatly increaned namber of onlonbern. This report isa nammary of the comprehensive plan meet- ing these objectives: a description of the form of fstsre development in landscape, circalation patterns and physi- cal stractares which will enhance Arlington's historic and symbolic signibcance. `I C ` - .-- -.. - - Arvsgros ceorreward thecasrin-Lee Marnios PAGENO="0265" 1 Mi~IB3dg~ 2 Ad3~gt~ Ridg~ R~d 3 M~i~! G~t~ 4 Adi~gt~ N~ti~$ C~~t&y 3 ~ 6 C2s6s L~ M~@~ 7 A~phith~t&;~d ~ B FtMyS~t6P~t 261 PAGENO="0266" 262 ARLINGTON, PAST AND PRESENT Natural features of svhat is noun Arlington Cemetery reflect the profile of the upper Potomac estuary with low tide- seater lands backed by high terraces which mark the begin- fling of the Piedmont Country to the west. The upper por- tions of Arlington are such a terrace, at about the same elevation as Capitol Hill in Washington; the contours of these terraces have been softened through the passage of time to a gentle roll of hills surrounding the city. The origi- nal inhabitants were Piscataway and Nanticoke Indians; the first Europeans in the area after the earlier eoplorations of Captain lohn Smith ss'ere traders under charter from Lord Calvert. In 1634 Leonard Calcert founded St. Mary's City on the tosser Potomac, and from that point settlement spread rapidly up the river. Grants of land to gentlemen planters ss.ere in most cases large, although traders, trappers and small farmers follous'ed one another in procession op the valley. By the beginning of the eighteenth century most of the land on both sides of the Potomac had been taken up and developed. Captain lohn Alexander, svho had surveyed a grant from Governor Berkeley to one Robert Howsing in 1669, 6,000 acres on the west bank, bought it the nest year, and in 1778 his descendants sold 1,100 acres of it to lohn Parke Custis, only son of Martha Washington by her first marriage. He named it Arlington, after the Custis family home on the Eastern Shore. Young lack died in the Revolution and the estate passed to his son, who was adopted by George hVashington. From 1802 to 1820 George Washington Parke Custis developed it, intending it to be a memorial to Washington. With the assistance of architect *George Hadfield, he built a handsome Greek Revival mansion on the bill overlooking the capital, furnishing it with objects from Mount Vernon. Still the most prominent fea- ture of the hillside, it is notable for its classic lines, warm colors, and the "sheer audacity of its monumental pil' tars."' Custis' only child, Mary Ann Randolph Custis, mar- ried Robert E. Lee there in 1831, and for the nest thirty years it seas their home; here their seven children were born, and here Lee made the critical decision of his life. On April 20,1861 he submitted his resignation from the Union Army, "a Union that can only be maintained by swords and bayo- nets,., has no charm for me." Heand his family left shortly, Works Progress Adrr:r,srorion, 55'ashiegror, City and Capira!, Wash- ington, Gcurrrrrrert Prinrtng Office, 1937. PAGENO="0267" 263 This ciess' is hess slishegssph by F. H. Lees slices desse'ieg by F. Aedeese. It see hissed by T. Messes's Lithegesphy, BssIee, 1838, sed these the ety beet the Vscgsess side et the Feteetse. The eeteseeete Tibee Cteeb h eee' Ceeetittstiee A~ee~e. Ships see psseieg eedetthe Leeg Bedge. PAGENO="0268" 264 1'L [1 ~ and the Federal government quickly occupied the property for defensive purposes. The Lees left an extensive pfantation-farm, comprising Arlington House and outbuildings, flower gardens, a wharf on the river, and nearby, storehouses, a dining hall and dance pavilion. The Georgetown Canal traversed fields to the east of the Georgelown-Aleoandria road; slave quarters were scattered through heavy woods to the west of the road; and there svere a functioning gravel pit and several springs. Two bridges crossed the river nearby: Long Bridge Inear the present 14th Street Bridgel and the aqueduct bridge to Georgetown. During the Civil War the estate became an armed camp. Here Major General McClellan organized and drilled a part of the Army of the Potomac; ancient elms and oaks on the grounds fell before the exigencies of fortifications and field hospitals. On the site of Fort Myer, adjoining the Cemetery, Fort Whipple ss'as hastily built, one of the strongest in the cordon of forts svhich encircled the city. Fort Whipple svas later reinforced by Fort McPherson, completed near the close of the scar but never manned. Its ramparts remained svithin the Cemetery svalls until regrading in 1941, but for 80 years the earthworks looked much as they did when Federal troops finally svithdresv. A contemporary wrote that Arlington became a favorite drive for President Lin- coln when he svished to escape the cares of office; "he often spent an hour or two walking quite alone up and doxvn the grand porch." On lone 15, 1864, 210 acres in the immediate vicinity of Arlington House were set aside as a national cemetery for Union soldiers and sailors at the request of Major General M. C. Meigs, Quartermaster Gen- eral of the Union Army. But the first burial had been con- ducted a month earlier, Friday, May 13,1864. The slopes beloxv the mansion score intended for the inter- ment of officers, sshile the rank and file were relegated to the "Loxse~ Cemetery' at the extreme northeast of the en- closure. Confederate soldiers svere originally buried here and elsewhere; at the turn of the century they were re- moved to lackson Circle on higher ground to the west. No Lee ever again lived in Arlington. General Lee himself made several attempts to regain the home for his wife, but `Reed, Sarah A., A Rcn,aove ctArl:xgtcn Hcv'e, pr:u. pub., lou5. PAGENO="0269" he died, unsuccessful, in 1870. His son took the battle to the Supreme Court, svhich ruled in 1882 that the Govern- ment and Cemetery were trespassers; in lieu of reposses- sion, Custis Lee sold the land to the United States for $150,000. The early development of Arlington as a military cemetery is intimately connected with postwar outpouring of pride in those who died in defense of the Union; as the dead were collected from various battlefields many other na- tional cemeteries were founded. Lincoln's address at Get- tysburg, of course, had dedicated just such "hallowed ground." The custom, prevailing irregularly throughout the country, of decorating the graves of the soldiers of the Civil War, was fixed in 1868 and the first official services on May 30 were held on the portico of Arlington House. They included activities soon standardized in observances throughout the country; there was a prayer, then a school- boy recited the Gettysburg Address, and a distinguished speaker delivered some remarks on the nature of sacriSce, But the Arlington ceremonies, which the President tradi- tionally attended, became the national embodiment of Memorial Day. Increasing crowds rendered the portico in- adequate and the neighboring Old Amphitheaterwas built. In 1888 Memorial Day was made a legal holiday; fifteen years later attendance was great enough to necessitate plans for the Memorial Amphitheater. Since the first interments, in fields left barren by depreda- tions of wartime construction, the character of Arlington as a wooded park has become increasingly dominant as plant forms matured. Even the straight rows of the soldiers quarters have taken on this character because of the wide spacing of small, uniform headstones in a grass field and the growth of large trees. By 1910, the Commission of Fine Arts could report; The best practice of today minimizes the monument and empha- sizes the landscape by the use of native trees and shrubs, the place of the dead is quiet and peaceful. In the newer part of Arlington, the quiet of hill and vale, of wooded slopes and green plains, should be preserved that the cemetery may perform its true function asa resting place for the warrior and also for those who would pay respect to his memory. . . Arlington Cemetery is really a parr of the Capital Park system. Its beautiful slopes, commanding.a view of the city, and the sentiment attached to the Lee Mansion combine with the sacred feeling produced by the thousands of graves of soldiers from both the North and the South to make Arlington a place of pilgrimage and an attraction 265 The Spaeiah Ansericae War Monuvreot PAGENO="0270" 266 This attitude was in keeping with a general trend in ceme- tery design which emphasized the landscape and scenic values rather than individual monuments and memorials. The use of headstones in the cemetery dates from 1873. In the area of standard headstones, the harmonious effect pro- duced by stones of uniform size and color is attractive in- deed, in contrast, as the Commission Report went on to say, to the "riotous conditions in the officers' quarters" caused by stones of every shape, size and color, and "the confusion created by the intrusion of heterogeneous mon- uments in the soldiers' quarters." While the benefits of using uniform headstones ssere soon apparent, it ss'as not until 1947 that private markers svere banned from standard areas, far different from those areas svhere "loving friends and admiring comrades have been allowed to exercise their fancy in the erection of testimonials of regard."' In 1889 and 1897 the grounds svere extended by appropriations of 142 and 56 acres, respectively. By dedications of memorials, national recognition was given to the unknown dead of the Civil War in 1866, the dead of the Spanish American War in 1902, and the dead of the Maine doaster in 1919. At the turn of the century, authorities felt that Arlington should be truly representative of all American conflicts. In 1905 fourteen unknoxvn American soldiers from the War of 1812, buried at the site of the old Washington Barracks, svere reinterred at Arlington, as ss'ere three soldiers from the American Revolution in 1907 and 1911. Woodrow Wil- son laid the cornerstone for the Amphitheater in 191S, and it ss'as dedicated in 1920. While physical links to Washington svere improved with construction of the 14th Street Bridge in 1904, the problem of access xvas dramatized during solemn state burial sew'- ices for the American Unknoxvn Soldier in 1921. An acci- dent on the bridge disrupted the cortege, forcing dignitar- ies to abandon their cars and delaying the ceremony of interment. The McMilIan Commission in 1901 had for- mally recommended construction of a bridge from the Lincoln Memorial across the Potomac, joining the Ceme- terywith the Mall. Bridge, approaches, and Memorial Gate- svay were finally completed to designs of McKim, Mead and White in 1932. Other McMillan proposals led to con- `Decker, K~I and McS,xeen, Amos. Histo,ic AmI,vgtov. Decker & Mx- 5,vrrn P~bIi~himg Commpnvx, washington, nuso. Am!ivgtom CrvmetrmyamdAmmphitheatem,c. 1929 PAGENO="0271" 267 Th~ Disti~t ~f C~I bi~~ A~IThgt~, 1966 PAGENO="0272" 268 struction of the George Washington Memorial Parkway, further insuring ease of access, but more important, re- tention of the Virginia shore as wooded background to Washington. In 1925 Arlington House was restored. Neglected for a half-century, it was conceived not as a museum but as a house reflecting faithfully the antebellum period. In 1934, control of the house, and its grounds passed from the War Department to the National Park Service. Plans for further espansiun of the Cemetery, In include grounds oftheSouth Post of FortMyer were first originated and approved in 1924, and were reaffirmed by action of the appropriate public agencies in 1960. At the onset of World Var II, the national shrine ss'as still largely a local cemetery, however, and all the dead from every scar in American history buried there numbered less than 44,000. But 10 years later there ucere more than 70,000 graves holding the remains of men and women from every state in the Union and 47 fureign nations; Arlington had becomea National Cemetery in fact as well as in sentiment. President Kennedy's interment on the slope below Arling- ton House occasioned further increases in the number of visitors to the Cemetery, now focus of a world wide out- pouring of sympathy for the nation's tragedy. Arlington's past, then, is flrmly linked to the earliest days of this country, to Washingrun, himself; through Lee and Lincoln to the Civil War as a symbol of reconciliation; through Memorial Day observances and the interment of the Unknowns, as a symbol of gratitude of the nation for supreme sacriflce. Arlington National Cemetery enters its second century. The shape of planned growth and the present situation are the subject of the following chapters in this report. PAGENO="0273" 269 Comprehensive Plan of Cemetery I ga~I{C~'-t~ ~ Lt&~~' ~.II(~~)'!~' I~h~fKII~dI (~`&` I M~ ~tArh~d II~Ifl~ ~ 85-382 0 - 73 - 18 PAGENO="0274" 270 THE CEMETERY LANDSCAPE Cemetery design is fundamentally design of the landscape, and requires-an understanding of the relations betweer~ plot size, size of headston~es, row layout and, most im- portant, the Iandform. Arlington's landscape deVelopment has been steady and impressive, amajor contribution being made by the handsome natural topography. Steep hills svith softly modelled stream cots form swales to the higher eles'~tions. The breastworks of Civil War Fort McPherson to -the southwest have been removed, now grass covered, its promontory is one of four on the old grounds. Dewey Circle, the Memorial Amphitheater, and the Custis'Lee Mansion occupy the others. The original cemetery areas were, until the Civil War, almost entirely covered by first growth oaks and elms, except for "the pasture" below the main house. Military construction and the pxst war resettle'. ment of freed slaves destroyed much of this forest, and so the trees of Arlington are for the most part second growth, planned as part of the Cemetery development. The open fields of the older areas are nosy shaded by 60 and 70 foot trees sshich in summer create a place of svelcome coolness and shade. At eye level the landis generally open in charac- ter, the vista only partially obscured by the trunks of the trees. Topography, not landscape, controls one's view from usithin the cemetery grounds. Trees and headstones meas- ure the recession of space, giving an atmuspheric quality not unlike nineteenth century landscape paintings. There are feuv plantings of shrubs or evergreens, and thus the Cemetery has been spared the intrUsion of man-shaped, controlled landscaped features and has retained a more natural appearance as an extensive forest clearing below the lofty trees. In svinter the open tracery of branches over- head softens svithnut impeding light, and serves to en- hance visual interest at many levels of scale. The fortunate conlunction of this parklike atmosphere svith the planning and headstone standards of-the military ceinetery, both superimpused on a strong Iandform, creates Arlington's characteristic landscape. . - There are seseral methods by sshich pInts ssere laid out at Arlington. In a feuv areas, single plots ssere used, bearing no direct relation to adjacent plots. The primary method of plot layout, houveser, ssas on the ruin system. In the sol- diers' quarters on flat ground, the rosvs were straight. In other areas, especially in the older officers' quarters, the rouvs ssere curved. Where the curves follouv the land form PAGENO="0275" 271 Typi~IL~ds~p~ i~AdThgW~ C~@t~y PAGENO="0276" 272 in long sweeps, the effect is generally pleasing. In many instances, however, the rows are curved tightly, and changes in the land form or in the design juxtapose two or three conflicting systems. Until recently the impending shortage of available land caused the character of newer burial areas to the north of Memorial Drive to be closely tied to a policy of "maximum yield," resulting in changes in the treatment of burial areas. Plots ss'ere reduced from 6 x 12 feet to 5 x 10 feet, svhile the size of the standard headstone remained the same. These present stones are larger than those of the oldest sovtinns, and the re- sult was a further sense of crowding. To increase the area for burials the verges along roads were reduced to 15 feet. With the curving alignment of roads and a grid layout for burial plots, this resulted in an uncomfortable, ragged edge, exaggerated by mixed, random planting of shade and ftoxver trees along the curb. The third consequence of the maximum yield policy was a limitation of planting svithin the burial areas to the intersection of plot bound- aries. This meant large trees could not be planted, and at the same time the number of trees was drastically reduced so that the shaded effect of the older cemetery could never be achieved. Were it possible to grade the areas in a clear geometric manner, the rows of headstones would seem appropriate. As it is, however, the ross's of headstones cross the rolling landform, creatirg a sense of confusion. To alleviate these problems in the most recently developed burial areas, certain remedial steps will be taken. Roads ss'ill be planted with large, regularly spaced shade trees, to introduce a sense of order arid to lessen the ragged appear- ance of the narrow verges. Within these burial areas large shade trees are to be planted in groves where possible, occupying unassigned plots. Heavy planting along leffer- son Davis Highway, to the north, wilt provide a suitable backdrop to the newer portion of the Cemetery, anti will help to screen highway traffic. The architects also studied alternatives of plot layout, headstone design and other details as they relate to the overall appearance of burial areas. The current "general type" marble headstone svitl continue in use in the newly developed areas. Return to a plot size of 6 x 12 feet was determined to best balance demands on cemetery area, to conform ss'etl to standard headstone dimensions, and to PAGENO="0277" I! ) I -~ 0 z CD PAGENO="0278" 23 274 ~ ~; ~ _~_~b~:~ ~ ~ allow up to four interments per plot without disturbing adjacent plots. In reviewing the various layouts for future burial areas, two methods were considered. One method would be to lay out curving rows parallel to the major roads. The other would be to establish straight rows within each section and to adjust the direction between sections. The cowed-row approach presents an inherent difficulty in controlling lay- out, and as the bounding roads for each section are not parallel, it would make certain edges seem arbitrarily out of line. The curved-row system can also create disturbing patterns since there is a splaying of plot width along the curve. The straight row system, although sometimes viewed as being harsh, is easier to control, and was se- lected as the more suitable method in this instance. Prob- lems with this system recently experienced in the north areas will not be present in the nexv areas, as the wider spacing and roadside landscape treatment will soften the irregular outline of the edge. Private cemeteries have often used the row system for plot layout, but almost always the markers are heterogeneous private markers. -At the same time, there are relatively few military cemeteries having the park-like character of Arlington. It is the extension of this unique quality of Arlington which is central to the development of future additions. The land to be added to Arlington Cemetery is relatively low, with gently undulating hills and valleys, in contrast to the more rugged topography of the upper section of the older Cemetery. It is an area almost devoid of trees, and one in which the natural form-hf the land itself has been radically reshaped by the hasty construction of many war- emergency buildings. One guiding principle for landscape development in the new areas is therefore the restoration of the natural fea- tures of the land. Both the grading and planting will accen- tuate this by emphasizing the tops of rises and the course of swales and waterways. The existing abrupt change in level at Arlington Ridge Road, along the present lower boundary of the Cemetery, will be filled in as the new roads will curve in response to the contours of the ground, and as the slopes from the rising hills to the west are ex- tended down into the newly developed land. The wooded, park-like atmosphere of the older Cemetery will be recreated in the new by establishing a framework Typical grace plots inoldrrvewrtrrygroondx PAGENO="0279" 24 View of the Chapel and Lagoon 275 H. -\ PAGENO="0280" 25 276 .~ I dw ed d S of tree-lined drives. The character of the handsome older roads is marked by wide, green verges and the regular spacing of shade trees. This will be estended into the newg' areas. Canopy trees wilT be planted among the plots, re- flecting the appearance of the older landscape, and groves of single species will accent the landform. Drifts of flower- ing trees will tend to contain the views and provide back- drop and screen planting as needed. By using major plant- ings of flowering trees, areas of the Cemetery will have special seasonal significance. Evergreen planting will be used in conjunction with existing knobs of ground and newly created long earth berms to screen the highway from view, with occasional drifts of evergreens within the grounds for a sense of continuity. Shrub planting will occur only at the perimeter of the Cemetery or in relation to the new buildings. In general, the plan seeks to establish a consistent character of development thruughout, with the dappled play of light and shadow characteristic of the best parts of the older cemetery, insuring a sense of continuity and marking it as a special place within lhe Capital region. In the midst of the new portion wit! be a great open mead- ow. This wilt be the single broad, sunlit area in the ceme- tery. Formed by a bowl shape in the land, the meadow lies at the font of a vista along the axis of the Tomb of the Unknowns and the Amphitheater. At the east end of the meadow will bean oval lagoon of about five and one-half acres. Sited on the low rise beyond the lagoon will be a Memorial Chapel overlooking the water and the burial meadow toward the Amphitheater at the hilltop. The meadow burial area might be set aside for military heroes, such as Medal of Honor winners. The special significance of this area will be emphasized by the use of flat granite tablets to mark the plots. The roads on either side of the meadow will be planted with majestic white oaks, while maples will be planted along the road at the west end. Red oaks will soften the edge of the meadow, with weep- ing beech grouped around the lagoon. The Chapel plant- ing will also include such evergreen trees as southern magnolia, holly and hemlock. The character of the planting will emphasize the stately, mature beauty associated with these types of large trees, which are in keeping with the vast scale of the scene and the sense of dignity and tranquility which will honor these Typiealroaduayin oIderparrnfcerrrrery PAGENO="0281" 0 C- (D 0 PAGENO="0282" 278 RESOLVING CONFLICTS OF USE Arlington National Cemetery will remain, for all time, an area dedicated as the final resting place of those who have4 served in defense of their c000try. It is also the setting of many of the Nation's most revered memorials, and is a place of pilgrimage, visited by millions of persons each year. It isstill, nevertheless, an active cemetery, with burials in progress daring almost every daylight hour. Inevitably, some conflicts of use have arisen. Tourist hoses roar through the tree-shaded drives, shattering the quiet atmos- phere that should prevail. Automobiles, filled with visitors in a holiday mood, crowd the narrow roads and disrupt the solemn processions of mourners. These eoisting prob- lems of circulation uvill become even more acute as the area of temporary buildings, open fields and parking lots, ss'hich lies below the present boundary wall, is developed as an eotension of the Cemetery grounds. Four major patterns of circulation are connected with the operation of the Cemetery, and must be effectively sep- arated if conflicts are to be resolved. First, there are the thousands of tour buses and tourists' cars that arrive each day; second, there are funeral processions, and persons uvho drive to visit a specific grave site; third, there are the pedestrians moving about within the Cemetery; and last, there will have to be some form of public conveyance cir- culating within the Cemetery grounds if tourist vehicles are eocluded. Traffic studies conducted in 1965 and 1966 recorded as many as 5,000 vehicles per day entering the Cemetery; of this total 300 were buses. In peak periods, 50,000 visitors crossd into the grounds during the course of the day, competing svith parked and moving cars for space on the roads. Eoclusion of tourist vehicles svould improve conditions of safety and dignity, but in order to do so, an adequate facility for parking must be provided. Based upon present demands it should be capable of hold- ing over a thousand cars and seventy-five buses. There are major objections to placing such a vast parking lotor parking structure within the boundaries of the Ceme- tery itself. Notonlywould ittend to blight the area immedi- ately around it, it would occupy over flfteen acres of land if on one level, and it would create a rigid, highly undesir- able form within the informal park-like atmosphere of the Cemetery grounds. The solution to this dilemma lies in the redevelopment of Memorial Drive at the gateway to the Cemetery, for the PAGENO="0283" 279 PAGENO="0284" 280 placement of a parking structure below the ruad just to the east of Memorial Gate svill eliminate many of these prob- lems. The greatest volume of bus and automotive traffic svilf no longer enter the Cemetery grounds at all, but will be directed into a below-grade parking area at the end of Memorial Drive. Tourists will be able to disembark from buses or cars under cover, to receive information about the sites they wilt visit, and then proceed from the plaza level at Memorial Gate along the pedestrian paths within the central portion of the older Cemetery which will be kept completely free of automotive traffic. They may also, if they choose, board a small bus which will follow a circu- lar route linking the Amphitheater, Arlington House, the Marine Memorial and the lohn F. Kennedy grave site. Funeral processions and persons svho are driving to visit a specific gravesite uvill be allowed to pass through the Me- morial Gate into the Cemetery grounds. The Administra- tion Building, which is sited to the south of Memorial Drive, lies along the route leading to the chapel. Until such time when the permanent Parking Facility and Visitors' Center can be completed, a temporary parking area will be provided. ft will be graded and landscaped to conform as nearly as possible to the final form of that part of the Cemetery, and will be removed when the under- ground parking structures completed. ttsvill provide park- ing space for 620 cars and 56 buses. This design conforms svith the circulation patterns established in the Master Plan in that it segregates the vehicular and pedestrian patterns of circulation, establishes a microbus route and allows the prohibition of tourist buses from the cemetery proper. It also conforms to the overall landscape planting system in providing for landscaped areas which svill remain svhen this facility is phased out and the land is reclaimed for Cemetery use. The Temporary Visitors' Center uvill act as a gateway to the Cemetery from the parking tot and still provide informa- tion and rest areas for the visitors. The building area of 5,400 square feet includes two information centers which will be manned by people from the Cemetery and from the National ParkService. The Tomb of the Unknowns, with the area surrounding, is suffering at present from several conditions which diminish its beauty and dignity. Prominent and inappropriate struc- 11'I (~ 9~ PAGENO="0285" C, n C C -D pa C C, (p 3 (p (p `if PAGENO="0286" 282 Plan of Amphitheater Area b e 3p~ ~ ~ -n~ xi .3 LJ~U LJL I f b - c k ;3:r d:.:r::~ - U tures erected for the occasional use of newsmen compete for attention svith the Tomb. Unprecedented crowds of visitors interfere with the functioning of the very ceremony4 they have come to see. The Tomb area seas not designed for the crowds that visit today. It is ringed svith cars and buses from which visitors pourout in all directions. There is insufficient separation of traffic betsveen the cemetery grounds and this place of special bonorand respect. The formal dignity of the chang- ing of the guard ceremony is frequently interrupted by the people svho come to see it. There is place for relatively few to snatch with unimpeded view, which causes considerable movement and confusion during the observance, with per- suns crowding perilously close to the edge of the wall and on occasion even obstructing the guards' procession. Those who are fortunate enough to see observe the monumental vista down the hillside and watch the proceeding against a background of milling, picture-taking tourists. A clear separation of functions will resolve many of these difficul- a. Private vehicles and tour buses are to be restricted to the central parking area near the entrance to the ceme- tery. b. Pedestrians svill be ableto follosv paths up the hill, paral- lel to the main steps, but xviii be discouraged from enter- ing the plaza at the site of the Tomb through the narrow passageways at the top of the monumental flight. c. The Amphitheater complex is to be entered at well-de- fined gatervays, i.e. from the svest portico of the Amphi- theater for microbus passengers, or from the new path system to the north and south of the Tomb plaza. d. The public is to be restricted to viewing places some- what removed from the guarded Tomb; places from which the panorama of the Tomb and the formal land- scape beyond is undisturbed by the bustle of tourist arrivals and departures from the two small existing car lots,whichwill be removed. e. The plaza area east of the new gates immediately ad- joining the Tomb, and the monumental stairway are to be reserved for ceremonial functions such as the guards' tour, the changing of the guards, wreath-laying cere- monies, and the procession of dignitaries up the stepped approach. PAGENO="0287" PAGENO="0288" Plan of Marine Memorial Area 284 ft is felt that the Temple facade provides a backdrop for the Tomb, is the onlystructore visible as a symbol of the Tomb from the distant view, and therefore should be retained. This will be particularly important when the new Memorial Chapel is developed on the Tomb axis. However, several alterations to the building are suggested: First, it is pro- posed that the podium and the steps of the Temple be svidened to provide a larger viewing area from an elevated height, and to provide direct circulation to the podium for visitors from the Amphitheater side without forcing traffic through the narrow passageways leading through the building.Sevund,spave under the extension of the podium can be used for new guard facilities and storage for press equipment and seating, freeing the catacombs under the colonnade for their originally intended use. Third, the separation becween public area and ceremonial area should be emphasized by a heavier stanchion and chain The existing plywood and metal-tubing press stands are unsightly, dangerous, unnecessarily prominent and need- lessly permanent in view of their infrequent use, and should be removed. A mobile TV and movie platform, which can be rolled to an inconspicuous position among the trees on days of its use and returned immediately there- after to a storage room provided under the extended Temple podium, should be substituted. In another area of conflicting uses, it ix proposed that cer- tain modifications in the roads that adjoin the Cemetery be made. The construction of the parking structure at Memorial Gate sill necessitate the removal of the access loop from Memorial Drive to fefferson Davis Highway, a connection that will become redundant with the razing of the temporary buildings south of the Cemetery and with improved connections to that highway from Arlington Boulevard and the Theodore Roosevelt Bridge. Access to Fort Myer and to the Marine Memorial area will be pro- vided in the future by the extension of North Meade Street from Arlington Boulevard to Marshall Drive, allowing the hazardous intersection of Marshall Drive and lefferson Davis Highway to be closed. Parking for summer evening concerts at the Marine Memorial, for which no presently adequate facilities exist, will also be provided by the park- ing structure under Memorial Drive. PAGENO="0289" 285 ~i~'jee, sh leg peepeeed ced elepeeet he ~ The eeit!ieg etc ieee eec decigeed by eh,tec~ M~Khee, Meed & White he 1920. The eew Visitoec' Ceotee eli! be ooosteeoted beioee !hepiees,ss'i!hie he boeodseies of the Gete, cod the Psekiog Stocowee eli! esteed bekeo' MeeeoeiclDo'e'e,shoo'e ieehefoeegeoeed. 34 Aerial View of Memorial Gate 85-382 0 - 73 - 19 PAGENO="0290" 286 BUILDING FOR THE FUTURE Preliminary design of permanent structures required to carry out the objectives of the Comprehensive Plan was completed following approval of the plan itself by the Na- tional Capital Planning Commission and the Commission of Fine Arts, November 1966. Four major buildings are re- quired by the Plan: Visitors' Center and Parking Structure, Memorial Chapel and Columbarium, Administration Build- ing and the Service Building Complex. The final design and construction of these permanent facilities will be phased to accompany the redevelopment of land in the South Post area as it becomes available for Cemetery use. The functions of the permanent Visitors' Center and Park- ingStructure have been discussed briefly in the preceding section of the report. The importance that has been placed upon this redevelopment of the approaches to the Ceme- tery may be judged by the following excerpt from the No- vember 21, 1966 report uf the National Capital Planning Commission. The Commission commends the Department of the Army fur developing a Master Plan fur Arlington National Cemetery which resolves the difficult problem ul accommodating tourists cisising the Cemetery i namanre r which minimizes conflict with the formal use of the Cemetery for burial purposes, and which re- turns tx the historic emphasis on the Memorial Case and Me- nsnrial A venue with its formal relationship so the Mall, as the entrance to Arlingtxn National Cemetery. The Commission believes that she construckos of she proposed parking structure and she removal of surf ace vehicular parking from the Cemetery cxiii greatly enhance the appearance uf this historic area, and therefore urges that the Department of the Army and the Department of Defense give high priority to the construction of she parking structure. The location of the permanent Visitors' Center below the plaza of the existing Memorial Gateway to Arlington Cem- etery, and the construction of the associated parking facili- ties below the adjoining road will subordinate these struc- tures to the formal design of the ceremonial approaches to the Cemetery.Landxcapedevelopmentat thegroundlevel will continue to follow the intent of the original McKim, Mead and White design. The separaffon of tourist and other traffic will occur at the entrance to the Memorial Gate. Funeral processions and automobiles bound for speciflc gravesites still be allowed to proceed into the Cemetery proper. All other vehicles will turn down ramps to parking levels below Memorial PAGENO="0291" 287 36 Plans of Parking and Visitors' Center ~ ~ ft 4. { ~ n V ~flfl. II' ~ ll~ ~ IH ~ PAGENO="0292" Plan of Interim Parking and Visitors' Center 288 `~i~v*~~v, - -~t-~ ~{_~ ~ Pmpnsed T,nrporary Visitors' Center Drive. Two levels are assigned to automobile parking wilh an intermediate high ceilinged area for buses. The design of the structure will allow pedestrians the option of pro- ceeding undernhelterto the Visitors' Center without cross- ing paths of vehicular traffic, or of ascending to the level of Memorial Drive. Some natural light is brought into the parking area through openings above the ramps and through stairways flanking Memorial Drive, but persons leaving their cars or buses svill also be drawn toward the Visitors' Center by light flooding the area from a grand open stairsvay leading to the plaza within the Memorial Gate. Flanking this stair are facilities for tourist comfort and orientation; maps, displays and films that will inform and preparevisitors to experience the Cemetery isa proper attitude of respect and restraint. The Parking Structure will store 1050 cars and 77 buses, and with ramps and drives will total approximately 740,000 square feet in area. The Visitors' Center will house toilet facilities, information, ex- hibit and other visual interpretation areas, a total of about 42,000 square feet. The construction will be of reinforced architectural concrete with suitable interior finishes. Pending completion of the permanent facility, construction of a temporaryvisitors' center and surface parking area into be undertaken. The building and its parking will be located to the south of Memorial Drive and east of the newly- aligned Arlington Ridge Road. Thus, in an interim period it svill be able to fill the functions nosy envisaged for the permanentstructure. Sited on the route nosy used for tour- ist traffic itsvill divert those buses and cars from the internal Cemetery roads. As a place olorientation it will be manned by guides from both the Park Service and the Cemetery. The plan of the parking area takes into consideration both future landscaping requirements and the location of the Administration Building, next phased in the Cemetery con- struction program. The Administration Building will thus share its function of separation of circulation patterns, with particular emphasis on easing the distress of the be- reaved as they undertake ceremonies of burial. The Tem- porary Center and Parking Area, nonetheless, are not a part of the Cemetery as ultimately conceived. Besides oc- cupying ground required for future interments, the form and the uses of the parking area tend to intrude upon the topography and landscape of Arlington. Limitations of Plan of Interior Parking Lot and Temporary S'isiron' C,vmrr - - PAGENO="0293" 289 Plans of Administration Building *__ __ t~=~ __ ~ ~ * ____ _____ ____ * PAGENO="0294" space prevent its being constructed to fully meet the peak demands of tourist parking, and while desperately re- quired to ease existing confusion and conflicts, its useful- ness is directly related to its temporary aspect. The perma- nent solution to circulation problems-the Vixitors' Cen- terarrd FarkingStructure, described previously, is intended to supplant this facility as soon as possible. The Commis- sion of Fine Arts sounded a note of caution on this subject in their report of November 29, 196k. "In approving the plans, we would like to emphasize that the Commission is accepting the interim parking lot only as a temporary measure and not `temporary' in the usual sense of Wash- ington usage. It cannot remain over any extensive period. Every effort must be made to complete the permanent fa- cility at the earliest possible time." The Administration Building, located along the funeral procession road between the Memorial Gate and the Chapel, will provide administrative offices for Arlington Cemetery, reception and svaiting rooms for fuueral parties and facilities for the Cemetery security guards. In designing this building the dual functions of the Cemetery adminis- tration have been considered-both as managers of a large guard, maintenance and gardening force, and as official representatives of Arlington to bereaved families and friends comprising funeral parties. The function of locating specikc gravesites, a service granted visitors to the Ceme- tery, is to be removed more appropriately to the Visitors' Center. Thus, the Administration Building is divided into public areas, with the requirement for a sense of repose and tranquility, and functioning offices which, while sep- arate, must be closely associated. The architectural device for this separation-connection is a landscaped atrium around which the program elements are disposed. The upper floor provides an entrance vestibule with a svaiting area and tsvo adjacent private waiting rooms for the use of mourners awaiting the time of the funeral. Across the back of the building and around an interior courtyard are arranged the administrative offices of the superintendent, his secretary and assistant, a conference room, a general office, the interment section and offices for a horticulturist and an engineer. Approsimately 28 peo- ple svill svork here. 290 Id ~:~: :~i6~i~n!~1 rreynred,rdvrin,'rrarionBui!dn~ In the basement there are facilities for approximately 30 PAGENO="0295" -v `p Cl, a Cl) CD ~0 -~ 2~ Cl) CD n CD ~ E. I' I' PAGENO="0296" 292 cemetery guards, as avell as an employee lounge, records storage and mechanical equipment. Two entrances are provided. The front entrance is for pub-' lic use while the service entrance will be used by the ad- ministrative staff, funeral directors, cemetery guards, deliv- ery and pickup, and other functions. Forty parking spaces are provided in tsvo parking lots to either side of the build- ing. The building ss'ill be constructed of reinforced con- crete, faced with stone or precast concrete of a teoture and color similar to that proposed for the Memorial Chapel, butsvith the finish more finely rendered b rcause of the dif- ference in scale between the two buildings. The area of the building is approoimately 17,000 square feet. The Com- mission of Fine Arts approved the design of this building January, 1968, following preliminary approval by the Na- tional Capital Planning Commission in November 1967. The Service Building compleo is set into sloping ground in new Cemetery areas to the south, four buildings surround- ing a courtyard, the pitched roofs screening activities within. It isto be used bythe cemetery personnel only, pro- viding covered storage for materials and service for ve- hicles of all descriptions-trucks, eocavating equipment, grounds maintenance machinery and buses. In addition, there are provisions for an office, lunchroom and wash- room facilities for approximately 100 people. This is a busy area of the Cemetery, ss'here deliveries, ar- rival, departure and maintenance of vehicles, assembly of crews for digging graves, and other operations out of char- acter with the Cemetery atmosphere occur. The buildings are thus located at the periphery of the eopanded Ceme- tery, at the one point where the Cemetery grounds adjoin the existing outside road system and at a location where an effective and safe connection can be made, other than through the monumental approaches via Memorial Av- enue. This entrance to Arlington Cemetery will not be a public entrance but will serve as the point at which service vehicles can enter, and the delivery of tombstones, sod, and othermaterials can be made. In the design of these buildings an effort has been made to minimize the impact of this service area upon the sur- rounding cemetery grounds and to make the appearance of the building group attractive from points of view with- out the grounds as well as within the boundaries of the Proposed Sewise Bui!diogx PAGENO="0297" CD 0 CD 2 0 0 CD PAGENO="0298" 294 Cemetery. The buildings are to be constructed with ma- sonry exterior walls and cedar shingle roofs, to blend in- conspicuously into the landscape. All service equipment,~ other than the pomp island, ss'hich will be roofed, has been placed within the buildings. Outside parking has been provided fur employees' automobiles only and will be screened by earth berm and planting from the cemetery grounds to the east of its location. It is intended that trees be planted around the buildings so that a canopy of trees will ultimately surround the complex in addition to the screening of the service area provided by the walls and roofs of the buildings themselves. The existing stone boundary wall svill be extended to enclose the new grounds of the Cemetery. Design of the building was approved by both the NCPC and the Commission of Fine Arts in 19b7. The most important new structure in the expansion of Arlington National Cemetery will be the Memorial Chapel and Columbarium. Situated on the plain below the heights on which the Amphitheater and Tomb of the Unknowns nnss' stand, it svill link together the old and new grounds of the Cemetery by the visual and symbolic extension of the formal axial development of those existing buildings, memorials and gardens. It is to be the focal point of the newly developed area. At the edge of the oval lagoon, below the steps leading to the Chapel, will be a paved plaza, large enough Ix accom- modate the assembled horse-drawn caisson, honor guard, military band and company of troops that make up a fu- neral procession with full military honors. Funeral services prior to interment may be held in the interfaith Memorial Chapel which xsill stand upon a low podium overlooking the plaza, lagoon and meadow. Beneath the podium an extensive Columharium, or crypt for the interment of cre- mated remains, svill be constructed. Preliminary plans for this building include the provision of approximately twenty-six thousand niches, each of ss'hich ssould ulti- mately contain one or more urns bearing the ashes of de- ceased military veterans and their next of kin. Adjoining the crypts will be a small room for meditation and prayer, and other public spaces to serve those who will visit this site of interment. The basic conception of the Memorial Chapel is that of a PAGENO="0299" View of the Chapel and Lagoon 295 place of worship in an enclosed "garden" court. Funeral services will be conducted in a space flooded at the edges with natural light from above, and surrounded by gardens of flowering plants and trees. A sense of privacy and en- closure is created by the ascending levels of low walls which surround the central chapel space, the outer parapet level being four feet above the chapel floor. Bronze tinted glass set in bronze glazing channels and narrow vertical mullions will form the actual physical enclosure of the room, extending from the granite floor to the concrete beams of the roof. The ceiling over the center of the Chapel will be of stained glass set in deep wood or precast coffers, to admit a lower level of illumination than that over the planting areas at the sides of the room. Seating in the Chapel is not fioed and can be varied from 160 to 260, depending upon the occasion. Entrance to the Chapel from under the lowest point of the structure, and from between walls of she spaces flanking the doors, will give a heightened sense of contrast as one passes into the more lofty, and more brightly lighted space beyond. The main doors are to be of sculptured bronze with bronze jambs lining the recess as the entrance wall, The dual nature of the building tomb as well as funeral chapell and the scale of the building in the landscape were principal influences in the development of the architec- tural form. The structural members will be architectural concrete, a white matrix with granite or marble aggregate, which will be exposed by light bush-hammering or etching. The non structural precast facing will be of a similar aggre- gate and texture. A depressed driveway behind the building will provide parking space for troop buses and chaplains' cars as well as an entrance for sewice and delivery vehicles. The lower level of the building, in addition to the Colum- barium, will contain a temporary crypt, sacrixtry, chaplains' rooms, accommodations for the building staff and for the ceremonial troops who take part in the funerals, flower storage, mechanical spaces and public toilet areas. The total area of the lower level is 22,500 square feet. The de- sign of the chapel was approved by the National Capital Planning Commission in November, 1967, and by the Commission of Fine Arts in January 1968. PAGENO="0300" 46 296 I PAGENO="0301" 297 IN CONCLUSION There were two principal reasons why this study came about and was able to develop as a sustained effort to achieve the level of quality the subject deserves. The first was action of the Congress of the United States which de- creed that Arlington National Cemetery be estended to in- clude the grounds of the South Post of Fort Myer, and the second was growing concern on the part of the Secretary of Defense, Mr. Robert S. McNamara, the Fine Arts Com- mission, and the National Capital Planning Commission, that current practices and policies of development needed a thorough review. It can be seen thatthe purposes of the Comprehensive Plan are twofold. First, to prepare each new sector of land as it is annesed to the Cemetery at a level of quality consistent with the character of the older Cemetery. Second, to de- velop the structure of the Cemetery as a whole, landscape, roads, buildings and memorials in a manner that will in- sure its continued existence as a national shrine and place of pilgrimage, free from the distracting conflicts of use that have built up during the past few decades. Time and care will soften the harshness of new construction and will hasten the emergence of a mature landscape if the work that must be done now can be done without undue delay. Barring unforeseen circumstances, interments will prob- ably continue at about the present annual rate, filling the extended grounds before the end of this century, but the construction of the Memorial Chapel and Columbarium, and the reservation of the meadow area for the burial of military heroes will extend the time of the last interment into the far distant future. The Cemetery, in change, is to become a place of greater peace and tranquility. Automo- biles will no lunger dominate the roads of the Cemetery, parking lots will no longer intrude upon the woodland at- mosphere and visitors will he free to walk the paths in quiet and safety. It is felt that the history and significance of Arlington and the intention of the Comprehensive Plan are complemen- tary. In summarizing that relationship, this report shows the direction of Arlington's continued growth and the changes which will occur during its second century, accompanied by a strengthening of its special meaning to the people of this nation. PAGENO="0302" 298 ARLINGTON CEMETERY Chronology of Development Arlington House, 1802-1820, George Washington Custis, ouvner; George Hadfield, architect; restored 1925, War Department. Old Amphitheater, 1874, U.S. Army Quartermaster General. SpanishAmerican WarMonument,1902. L'Enfant Monument, 1909, W. W. Bosuorth, designer. Monument to Confederate Dead, 1914, Moses Ezekiel, sculptor. U.S.S. Maine Monument, 1915, Nathaniel Wyeth, architect. Memorial Amphitheater, 1915-1920, Carrere and Hastings, architects. Arhngton Memorial Bridge and Gate, 1926-1 932, MvKim, Mead and white, architects. Tomb of the Unknosvns, 1931, Lorimer Rich, architect; Thomas Hudson Jones, sculptor; area remodeled, 1908. John F. Kennedy Grave, 1967, John Carl Wamecke, architect. Photographic Credits I. Alexander, pages 14, 16, 20, 21, 23, 28, 29, 31, 46. Bettman Archive, page 13. Robert C. Lautman, page 9. National Archives, page 12. U. S. Army Photo, pages 8, 14, 15. PAGENO="0303" 299 STATUS OF ARLINGTON NATIONAL CEMETERY MASTER PLAN NOVEMBER 1971 Since the approval of the Master Plan in 1966, Congress has appropriated funds in the amount of $8,760,00Q. These funds have been obligated to~ ward the accomplishment of the overall object~res of the plan. Those programs funded to date and their status are as follows: PROJECT STATUS a. Service Complex Completed b. Temporary Visitor Center and Parking Area Completed c. Land Development for Burials (102 acres) Completed d. Landscaping new burial areas Completed e. Remedial landscaping and turf renovation Completed f. Turf Irrigation System (500 acres) Completed g. Closure of Arlington Ridge Road and Development for Burial Purposes Completed h. Construction of permanent boundary wall of north boundary of cemetery Completed i. Guard Shelters Completed j. Custis-Lee Pedestrian Walk Design Underway k. Renovation of Tomb Area Design Underway 1. Chapel/Columbaritlm Design Underway m. Development of additional burial areas (27 acres) Design Underway n. Amphitheater pedestrian walkway system Design Underway o. Administration Building (new) Design Underway Projects under design have not been funded for construction to date. The remaining programs that have been approved in concept form but funds not appropriated for design are (1) Underground Visitor Center and parking area. (2) Metro Stop. PAGENO="0304" 300 Senator TImm~roNr. Mr. Rufus Wilson, from the Veterans' Ad- ministration, is the next witness here this morning. Mr. Wilson, will you introduce the people with you. STATEMENT OF RUFUS H. WILSON, ASSOCIATE DEPUTY ADMINIS- TRATOR, VETERANS' ADMINISTRATION, ACCOMPANIED BY A. T. BRONAUGH, ROBERT E. COY, JOHN E. WILLOUGHBY, ALVIN KEPLEY, HERBERT B. MARS, AND JOHN P. TRAVERS Mr. WILSON. Yes, sir. I have with me Mr. Al Bronaugh, Associate General Counsel; Mr. Robert Coy, Assistant General Counsel; Mr. John E. Willoughby, staff assistant; Mr. Alvin Kepley, Mr. Herbert Mars, and Mr. John P. Travers. Senator THURMOND. Will you present your statement in full? Mr. WILsoN. It is a 7-page statement with an attachment. I would prefer to insert for the record the attachment. Senator THITRMOND. Read the statement as fast as you can. Mr. WIr~SoN. All right. Mr. Chairman and members of the committee, it is a pleasure to be here this morning to discuss with you the pending legislation, S. 2052, which would establish a national cemetery system within the Veterans' Administration. The principal provisions of this bill would provide for: (1) the establishment of a national cemetery system within the Veterans' Ad- ministration consisting of the national cemeteries now under the juris- diction of the Department of the Army, except Arlington National Cemetery and the cemetery at the U.S. Soldiers' Home, and the ceme- teries of the Veterans' Administration; (2) the administrative au- thority to operate and maintain the new system; (3) a comprehensive study of national cemeteries and their relationship to other burial bene- fits for servicemen and veterans and recommendations to be made to the Congress; and (4) the transfer of the function of providing grave- markers and headstones now administered by the Department of the Army to the Veterans' Administration. The bill would also authorize transfer to the Veterans' Administra- tion from the Secretaries of the Army, Navy and Air Force of other cemeteries, including burial plots, memorials, or monuments under their jurisdiction, as directed by the President, except those located at the academies. The Administrator furnished this committee with a report on S. 2052 on Feb. 15, 1972. indicating his belief that the consolidation of natiqnal and VA cemeteries in the Veterans' Administration was logical, and, therefore, he favored enactment of the bill. Let me briefly describe the current Federal cemetery function. Four cemetery systems are managed by Federal agencies: The De- partment of the Army operates the national cemetery system; the American Battle Monuments Commission operates the overseas ceme- teries; the Department of the Interior, through the National Park Service, operates cemeteries in conjunction with military and battle- field parks; and the Veterans' Administration. We operate 24 ceme- teries and burial plots of which 14 are currently open for further burials. PAGENO="0305" ~3o1 Eligibility for burial in these VA cemeteries is generally limited to veterans who die while receiving hospital, domiciliary, or nursing home care in a Veterans' Administration facility or while receiving such care at Veterans' Administration expense in a non-Veterans' Adminis- tration facility, or where an eligible veteran dies in the immediate vicinity of a Veterans' Administration field station having a cemetery, whose body is unclaimed and whose relatives cannot be located. I will not take your time to go into the history and details of the Veterans' Administration cemetery system, but with your permis- sion, I offer this information, together with a chart listing all of the Veterans' Administration cemeteries, the date acquired, acreage, the number of graves, and other pertinent information, including the esti- mated closing date, for inclusion in the record at the end of my testimony, marked "exhibit A." Mr. Chairman, as you and the other members of the committee well know, the subject of our national cemetery system-what it has been- what it is today-and what it should be-has received a great deal of attention during the past several years by various congressional com- mittees, national veterans' organizations, as well as by various execu- tive agencies of the Government. We in the Veterans' Administration, have considered the system carefully, and we have concluded that there is merit in the plan to consolidate the national cemeteries with those currently operated by the Veterans' Administration in order to achieve administrative sin~ plicity and maximum utilization. While experience over the many years has shown that the Depart- ment of the Army can administer the national cemetery system in an efficient manner, the figures which have been made available to us re- veal that more than 90 percent of interments in national cemeteries are veterans and their dependents, with servicemen dying in active service comprising less than 10 percent. Thus, as it now exists, burial in a national cemetery is more closely related to veterans' benefits than to the functions of a service depart- ment, thus consolidation of national cemeteries, except the Soldiers' Home Cemetery and Arlington National Cemetery~ with Veterans' Administration cemeteries into a single system administered by the Veterans' Administration would appear logical, and we would favor such transfer of jurisdiction. We would also agree that the respon- sibility for providing gravemarkers and headstones should also be transferred as a correlative function. As noted above, there are two other Federal cemetery systems. The cemeteries operated by the Department of the Interior are generally closed to future burials and are in the nature of military or battle- field parks such as Gettysburg. The Congress has recognized this distinction in maintaining juris- diction over these cemeteries in the Committee on Interior and Insular Affairs in both the House and Senate, and we agree that they should be excluded from any new national cemetery system. rflie remaining system is comprised of those cemeteries , memorials, and monuments under the jurisdiction of the American Battle Monu- ments Commission. These are in the nature of historical parks or shrines and, with limited exception, are iiot open for burials. They are, therefore, comparable to those cemeteries operated by the Department of the Interior. 85-382 O-72---pt. 1-20 PAGENO="0306" 302 Hence, the arguments which favor consolidation of the administra- tion of Federal cemeteries in which veterans and servicemen may be buried do not have, equal force when applied to the overseas cemeteries operated by the American Battle Monuments Commission. During the past several years, many questions have been raised as to the future role of the Federal Government, and particularly the Veter- ans' Administration, with respect to burial benefits for veterans and the future of the national cemetery system. In testifying before the House Committee on Veterans' Affairs on legislation to transfer the national cemetery system to the Veterans' Administration, the Administrator indicated support for a provision in that bill, also contained in S. 2052, calling for a comprehensive study of the relationship of cemetery benefits to other burial benefits. The Administrator, to get a headstart on this important project, asked a task force to commence the kind of study intended by the bill. He asked the task force to take a hard look at the various alternatives available. While it is too early to reach conclusions, we would expect that as a result of our preparatory work the completed report required by section 3 of the bill could be submitted to the Congress within 3 months of the bill's enactment. At this point in time, Mr. Chairman, the task force has developed some background material on the historical, factual, and statistical in- formation relative to Federal burial and cemetery benefits for service- men and veterans in which I believe the committee would be interested. With your permission, I would like to submit the preliminary ma- terial, marked "exhibit B," for inclusion in the record at the conclu- sion of my statement. Senator TH~RMOND. Without objection that will be done. Mr. WILSON. To summarize, we believe, Mr. Chairman, that S. 2052 provides an appropriate framework upon which to build a new national cemetery system. Therefore, we would recommend your favorable con- sideration of this legislation. There are a number of bills pending before your committee relating to the establishment of new national cemeteries or expansion of existing national cemeteries in various States. Today, the Administrator filed his report to the committee on these measures. Briefly, we believe that until the policy with respect to the future of the national cemetery system has been resolved, it would be premature to consider any measure proposing the expansion of that system. Moreover, we believe that rather than the enactment of legislation providing for the establishment of cemeteries at specific locations, the sound approach is for orderly review by the agency charged with the responsibility for the system to determine its adequacy. Therefore, we do not recommend favorable consideration of these bills by your committee. Before closing, there is an additional item, while not covered by the legislation now before you, upon which members of your staff have requested that I comment. . Specifically, I am referring to various advertisements, usually di- rected through the mail to veterans, informing them of special areas set aside in private cemeteries for the interment of veterans. PAGENO="0307" 303 While differing in detail, these advertisements generally indicate that an honorably discharged veteran need only register to be entitled to burial therein. While they usually make no reference to the Veter- ans' Administration, as such, they mention the several Government burial benefits which might be available. Furthermore, they usually infer or give the impression that there is little, if any, charge involved, although many specify a small registration or upkeep cost. We have received numerous complaints from veterans who feel that they have been misled by this type of advertisement, and feel the cemeteries misrepresented the factual situation involved. At the request of the committee staff, we recently requested a survey of all of our field stations concerning recent complaints in this area, and furnished the committee with a copy of the information received. We have followed up on many of these complaints with investiga- tions by Veterans' Administration personnel, to ascertain whether the cemeteries involved were engaging in improper practices or were im- properly alleging or insinuating that they were participating in a Fed- eral cemetery benefit program through either the sponsorship or con- currence of the Veterans' Administration. Our investigations, however, while verifying that veterans have been confused, have never developed sufficient information to warrant. the institution of charges against the organization involved. In reaching this conclusion,~ we have, on occasion, cons~ilted with local U.S. attorneys on such matters. You might be interested in know- ing, however, that we have reáently met with Postal Service officials and they have advised that the Postal Inspection Service plans to con- duct an investigation into the industrywide practices in this area. Mr. Chairman, that concludes my statement. I have members of the VA staff here with me this morning, and we would be happy to answer any questions you and members of the committee might have. Senator THURMOND. Mr. Wilson, I am happy to see you have gotten a headstart on the provision in 5.2052. I have a few questions to ask you concerning the preliminary ma- terial which you previously submitted to the committee staff. Mr. WILSON. Yes, sir. Senator THURMOND. Under my bill, 5. 2052, the Department of the Interior and the American Battle Monuments Commission would each retain jurisdiction over certain cemeteries. How many available plots, developed and undeveloped, would each retain? Mr. WILSON. The cemeteries of the American Battle Monuments Commission are not available for new burials except for remains found on old battlefields. Therefore, there are no available burial plots for American veterans, now~ resident overseas. There are somewhat less than 2,600 developed available plots in the Department of the In- terior cemeteries and approximately 1,400 possible undeveloped gravesites. Senator THURMOND. What is the annual projected maintenance cost for each of those departments for the cemeteries over which they continue control? Mr. WILSON. The American Battle Monuments Commission total funded program costs in fiscal year 1971 was $2,815,000. The costs of the Department of the Interior cemeteries are a small part of the costs PAGENO="0308" 304 of running the national parks and national battlefields with which they are associated. I have been informed that there is no easy way of breaking out these costs. Senator THURMOND. Of the cemeteries presently under your con- trol, how many available developed and undeveloped plots remain? Mr. WILSON. There are approximately 53,000 developed graves available for use in the Veterans' Administration and space for approximately 190,000 graves that have not yet been developed. (Subsequently, the Veterans' Administration furnished the follow- ing information:) Annual Report of VA cenveteries as of June 30, 1971, reflects Underdeveloped graves available 190,200 Developed graves available 53, 680 Total 243, 880 Senator THIJRMOND. What is the projected year of exhaustion for these cemeteries? Mr. WILSON. It varies depending on location but at present rates of burial, most will close by 1980. Senator THURMOND. Would you please comment on the effect of low income on burial in a national cemetery. Mr. WILSON. There is some indication that those older veterans re- ceiving pensions are more commonly buried in national cemeteries. These veterans, of course, have lower incomes. However, the difference is small. The greatest reason for burial in a national cemetery is proximity. Senator THURMOND. How many veteran deaths were there this past year? Mr. WILSON. About 300,000, sir. Senator THURMOND. Of that amount, how many were eligible for $250 burial allowance? Mr. WILSON. All of them, if they were honorably discharged. Senator THURMOND. How many applications and payments have been made? Mr. WILSON. 277,275 in 1971. We estimate that about 5 percent of the veterans do not apply for this benefit. Senator THURMOND. Does the VA send out a letter to the veterans telling them what benefits they are entitled to in the way of cemetery benefits and other benefits? Mr. WILSON. Not a letter- Senator THURMOXD. Have you ever consolidated just what a vet- eran is entitled to and sent it to him so he would have it, or have you just allowed the veterans' organization to do that? Mr. WILSON. We have done certain things, sir. We have what we call information bulletin No. 1 available which summarizes veterans' benefits and has been made available to people who come into our con- tact divisions. It is also disseminated to veterans' organizations. We also have a long series of TV and radio spots that are put out which explain our benefits. Senator THURMOND. I wonder if you could print those benefits and mail them out. PAGENO="0309" 305 Mr. WILSON. That would involve mailing to 28 million people. We do not have the names and correct addresses of those veterans. The only names we would have are of those people now in receipt of benefits. Senator TH1JRMOND. How many burial flags were provided this past year? Mr. WILsoN. 245,000. Senator TH1IRMOND. What is the cost of those flags? Mr. WILSON. $8.60 each. Senator THURMOND. Is that what it cost the Government? Mr. WILSON. Yes, sir. Senator THURMOND. What is the quality of those flags? Mr. WILSoN. I understand it is quite good. Senator THURMOND. Silk or cotton? Mr. WILSON. Cotton. Senator THURMOND. What is the size of the flag? Mr. WILSON. I had better furnish that for the record, sir. I am not sure. Senator THtTRMOND. What system, if any, is used to inform veterans of their entitlement other than what you have said? Mr. WILSON. An undertaker invariably advises the widow or the person who bears the last expense, and many, many times the applica- tion is made from his office. Senator THURMOND. The VA has a list of all of the undertakers and you are in contact with them and you keep them informed and abreast of all of the changes in the benefits. Mr. WILsON. I am not sure we have a central list of all of the under- takers, sir, but they have a list of all our offices. It has been my im- pression they are very much up to date on the benefits. Senator THURMOND. Would that be very expensive if each regional office maintained contact with the undertakers in that region? Mr. WILSON. If any kind of problem comes up, they are in contact with the undertakers or the undertakers with them. To answer your question, it would not be expensive for our regional office to maintain such a list, and I suspect they have them on an in- formal basis. Senator THURMOND. It is my understanding that social security benefits are payable in addition to those benefits provided by the Department of Defense and the Veterans' Administration so long as the total benefits do not exceed the cost of burial. In the event that they do, the excess is returned to the Government. Can you tell the committee how many cases there were last year in which less than the full social security benefits were paid? Mr. WILSON. This is true, Mr. Chairman, if there is not a surviving widow. However, if a veteran dies and leaves a widow, she receives the full $255 regardless of the cost of the funeral. When there is a widow, the social security payment is a death benefit and not a burial benefit. The maximum social security death payment which has not been raised as other social security benefits have is $255. The average paid last year according to information available to us was $241. Senator THURMOND. What percentage of the total social security benefits does this constitute? PAGENO="0310" 306 Mr. WILsoN. I didn't hear the question. Senator THURMOND. What percentage of the total social security benefits does this constitute? Mr. WILSON. It would be the percentage of 241 to 255. About 94 percent. Senator TIIun~roNt~. Can you give us the number of cases in which full benefits were paid and the number in which less than full benefits were paid? Mr. WILSON. Records are not kept by veteran status at the Social Security Administration, but we have been told that 90 percent of the payments paid on behalf of males are at the maximum, $255. Senator THURMOND. I have a few more questions here. I understand that a very strong factor relating to burial in a na- tional cemetery is its distance from the veteran's home. Can you tell the committee how many veterans live within 50 miles of a national ceme- tery having available space, and what relation they bear to the total veteran population? Mr. WILSON. Three years ago we made a detailed study of the rela- tionship of deaths in relation to the location of cemeteries. We incor- porated information on deaths, available graves, and location of veterans on three maps which I would like to add to the record. Senator THURMOND. How many cemetery plots, developed and un- developed, are located in these cemeteries? Mr. WILSON. I will furnish that. (Subsequently, the Veterans' Administration furnished the follow- ing information:) PAGENO="0311" VETERAN PEA THS IN THE UN! TED STA TES DEC.31, /966 TI/ROUGH ,JUNE JO, /980. OCCURRING IN 72 LARGEST 5/ViSA ~ (THOSE OF 350000 OR MORE POPOLAT/ON IN /960) AND IN SMALLER SMSA ~ AND IN I/ON- METROPOLITAN AREAS, DY STATE. INCLUDES DEATHS OF VETERANS OF Wl4'/~ WW/I, KOREA, POST-KOREA, AND JPAN/5N'A/4ER/CA4' WAR. ~f83,8OO TOTAL * ALAS~ LEGEND: DWWJA, ~ SMJA, (sis~xo ~ ,#/9A0). ~ ,D,nwjrn ,fASIJ~.q'SM5,~5 ~ 4~r-)rrRo,cIns.i, A.qg,u~ SCALE: ~J23OOoD.rArPAr (o#AJ~MM.IcoO N~A/IS `N Af1~1NAh DRAA,NS). PAGENO="0312" C VETERAN DEATHS WITH/N 50 MILES OP PEPERAL CEMETERIES WITH CRAVES AVAILABLC DEC 31,1966 - JUNE 30,1980, AND NUMBER OP SRAVEJ AVAILABLE iN ThOSE AREAS. (INCLUDES CRAVES IN 60TH DEVELOPED AND UNDEVELOPED LAND, AS REPORTED flY THE ACENC/ES,AI/D UNUSED CRAVES IN 0FF/C/ALLY CLOSED CEMETERIES.) *\r~ HEY II ~~"~`°"Si 02~::Lk~>~* [~eeiaa~1°~nn~j `$`Amy; V.4**tecens'Ads~/s/st~-ot/on; P3P'-'h Sen/ce `-`---------` ::.. Deaths with/n 30 mi/a 4 180,600 Peccant of totsi deaths *12 Ocens/par cent of total deaths 32.6 deeras/per cent of deaths - ge/tA/a 30 mi/es - 73.8 23.0 ac/ass PAGENO="0313" PROJECTED VETERAN DEAT//J ~OEC 3,~ /966 -JUNE30, /9c?0. 14iVD FEDERAL ~RA VES/TES AVAIL ,4i3L E, 1,1/35 AREAS OF GREATEST COiVCENTi9,4T/ON OF DEATHS (Areas wi//i/n 50 mi/es of ce~n~eps of 72 largest S/ViSA `s) 5//AfA1,1~c'Y I%AT#5 *8! Z1Ifl*8S~Co'IP~FXf5..258äT~ ~s*~ 7~*9 878/ /158 ~O6a2 3.8 --~-~~/8~2 80/8 28~ TOTAl ON//fA SO4TES474909 /WO 32.6 PAGENO="0314" 310 Senator Tmm&ro~n~. How many veteran deaths do you anticipate in the next 10 years will occur within 20 miles of a national cemetery having available space? Mr. WILSON. Using 50 miles rather than 20 miles, we estimate that in the eight largest population complexes, where over 50 percent of the veterans live, there are only eight available graves per 100 deaths through 1980, both developed and undeveloped. However, taking the country as a whole, about 40 percent of the deaths to 1980 will occur within 50 miles of Federal cemeteries with some graves available. Senator TH1JRMOND. There has been considerable talk recently about establishing a national cemetery in every State. Have you any pro- jected figures of what this would cost? Mr. WILSON. The Army made a study shortly after World War II in which they estimated it would cost over $2 billion to establish a com- plete system of national cemeteries, exclusive of land cost. Senator TmIaMoNr. What information do you have as to what it costs a veteran to be buried in a private cemetery when a national cemetery is not used? Mr. WILSON. It makes very little difference in total funeral cost whether a veteran is buried in a private cemetery or not. In 1970 the average funeral cost per veteran was $1,192. In those cases where the cost was separated, the average cemetery plot cost was $122. Senator THURMOND. Is there anything else you would like to say, Mr. Wilson, you or the gentlemen with you? Mr. WILSoN. No, sir. We know you are rushed. Senator TIIuIu~roNr. We would like to thank you for your appear- ance here today and the testimony which you presented. Mr. WILSON. Thank you, sir. (The previously referred to background material on Federal ceme- teries (exhibit A) follows:) PAGENO="0315" 311 E~mBIT A HISTORY OF ELIGIBILITY REQUIREMENTS FOR BURIAL IN VETERANS ADMINISTRATION CEMETERIES The authority for the Veterans Administration to operate a cemetery system is derived from two of its predecessor agencies. namely the Nat1ona~ Home for Disabled Volunteer Soldiers and the Veterans Rure~ni. (The latter aqency assumed control of several cemeteries which had originally been established by the War ~nd Navy Departments.) Wlwn the NationaL Home Agency and the Vetr~xans Bureau were merged into the Veterans Administration in 1930, the Act which resulted in this consolidation contained the following provisions: "Sec. L * * * Upon the establishment of such Veterans' Administration all the functions, powers, and duties now conferred by law upon the Commissioner of Pensions, the Board of Managers of the National Home for Disabled Volunteer Soldiers, and the Director of the United States Veterans' I3ureau are hereby conferred upon and vested in th~ Administrator of Veterans' Affairs." (Public No. 53~, list Congress, 46 Stat. 1016) When this Act wa~ repealed by Public LaW E3S 56, the functions and duties conferred upon and vested in the President and Administrator were preserved by section 2304. Likewise, when- Public Law 85-56 was repealed at the time of the codification of title 38, United States Code, this authority was continued. PAGENO="0316" 312 (Section 4, Public Law 85-857) Since neither the laws governing the National Home for Disabled Volunteer Soldiers or the Veterans Bureau spelled out authority for the operation of a cemetery system, or the claimants eligible for burial therein, in order to give a complete history of the eligibility requirements for burial in VA cemeteries, it is necessary to discuss the eligibility criteria established by these predecessor organizations. NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS The National Home for Disabled Volunteer Soldiers was organized pursuant to the provisions ofthe Act of Congress of March 21, 1866, R. S. Section 4825, 14 Stat 10, 24 USC 71, providing for the constitution of a Board of Managers of an establishment for the care and relief of the disabled volun- toers of the United States Army to be known as `the National U~mr' for Disah1t~d Volunteer Soldiers." As part of its r'sponsibilities under the Act, the Board of Managers estab- lished cemeteries at the central, and at branch Homes. Paragraph 191 of the regulations of the National Home (1918), reads as follows: PAGENO="0317" 313 ExHIBIT A "191. The cemeteries of the Home at the several branches shall be laid out and cared for, as far as practicable, in the manner prescribed for National Cemeteries. Graves shall be arranged in sections and rows and numbered In regular series to corre- spond with the burial record kept in the Governor's office. The grave of every deceased member will, as soon as interment has been made, be marked with a temporary wooden board or tablet, giving name, company, regiment, and date of death. The permanent headstones provided by the Government for members of the Home will be procured for all graves, semi-annual requisitions for the same being made upon the Quartermaster General, United States Army, by the Governors." These cemeteries were initially only available to members of the Home. A letter, dated March 9, 1929, to the Governors of all branches, from the President of the Board of Managers, however, stated: "1. The question has been raised by several Govornors as to the proper method of handling cases where families or friends of ex-aervice men, non-members, request interment in Home Cemeteries for the deceased veteran. As, under the law, ex-service men have the right to interment in National Cemeteries maintained by the Government, it is felt that the same rule should apply to the cemeteries maintained at the various branch Homes, as they are practically National Cemeteries. "Z. Therefore, in such cases, the Governor may grant the right of interment in the Home Cemetery, where it is asked by families or friends of ex-aervice men and should furnish the final honors of a military funeral. PAGENO="0318" 314 "3. This right, however, is strictly limited to the matter of Interment; embalming, casketa, clothing, etc., can only be furnished to members and must not be furnished to non-members. As noted above, a sharp distinction must be made between the rights of interment and the preparation of bodies, etc., for burial." Various statements in the files of the Veterans Adn~inistration made in the early 1930's, confirm that inter- ment of non-member ex-servicemen who were honorably dis~ charged from the last period of service, was permitted under authority of the foregoing letter. Moreover, in addition to the individuals for which interment in these cemeteries was authorized by the above-referred-to materials, it appears that burial also was authorized, at least in the Sawtelle, California, Home's Cemetery, of the wives of active members of the facility and of widows of veterans already buried there. This practice was apparently questioned in 1934 and the then Solicitor of the Veterans Administration, in a memorandum dated November 23, 1934, stated that there was no leqal cbject ion to the contiriudnce of the Sawtelle practice. Suc~h opinion ~ based in p~r~ upon a memorindum, dated October 6, 1932, by his off ico in which he stated: PAGENO="0319" 315 As to National Cemeteries it is undcrs~ood that in the cases of deceased commissioned officers grave sites are asnigned for the in- terment of the widows of such officers. As to enlisted men it is understood that while only one grave site is assigned the Interment of the widow in the same grave with her hu3band Is permitted, as a rule, where the enlisted man dies first, On the general proposition that cemeteriea of the Home at several branches are to be laid out and cared for in the manner prescribed for National Cemeteries, as far as practicable, and on the further assumption that the matter of interments comes fairly within the question of caring for these ceme- teries, it would follow that as a legal propo- sition any arrangement with reference to the interment of widows of former members of the Home should follow as closely as possible the arrangements in effect for the National Ceme- teries, provided that such arrangements do not present administrative problems peculiar to the conduct of the National Home and its branches." Although the practice of interring widows of former members of the Home was held to be legally permissible, it does not appear that such practice was followed at any of the Home cemeteries other than Sawtelle. VETERAJ4fi_ BUREAU Certain c~meteries wore transferred from the control of the Military Departmentn to the control of the Veterans PAGENO="0320" 316 Bureau at the time that control of certain hospitals was transferred from such Department8. In an Opinion dated January 23, 1929, the General Counsel of the Veterans Bureau stated that the Veterans Bureau received, upon the transfer of hospital reservations containing cemeteries from the War Department, the same authority with respect to such cemeteries as that possessed by the War Department, previous to the transfer. In that opinion, certain Army Regulations were quoted, indicating that the remains of Government employees and their families, were authorized to be interred in post cemeteries. He, therefore, indicated that like authority was vested in the Veterans Bureau. Based upon this opinion, a Veterans Bureau Service Letter was issued on February 19, 1929, setting forth the criteria for interment in cemeteries then operated by the Veterans Bureau. The first paragraph of this letter reads ciS follows: `1. Persons who, upon decease, will be entitled to interment in the burial plots now maintained on the reservations of U. S. Veterans' Hospitals at Ft. Bayard, New Mexico and Ft. Lyon, Colorado. or in any other such burial plots which may hereafter be maintained by the U. S. Veterans' Bureau, will consist of: PAGENO="0321" 317 `(a) A veteran of any war in which the armed forces of the United States have been engaged, when such veteran dies in a U. S. Veterans' Hospital which maintains a burial plot, and the body is not claimed by relatives or friends for interment else- where. `(b) Any employee of a U. S. Veterans' Hospital upon whose reservation a burial plot is maintained who dies while on duty in the hospital, and whose body is not claimed by relatives or friends, for burial elsewhere. "(c) Any deceased member of the family of an employee of a U. S. Veterans' Hospital maintaining a burial plot, when such member had beeii living on the hospital reservation at the time of death, and interment is requested by the employee." This letter was superseded by a regulation (R & p 6336) which in pertinent part reads as follows: "6336. Burial plots on United States veterans' hospital reservations. - - Persons who, upon decease, will be entitled to interment in the burial plots now maintained on the reservations of United States veterans' hospitals at Fort Bayard, N. Mex., arid Fort Lyon, Cob., and any other burial plot which may hereafter bc received under similar conditions by the United States Veterans' Bureau, will consist of: (a) A veteran of any war n which the armed forc-~'s of the United States have bet',i engaged, when such veteran lies in a United States veterans' hospital which niaiutains .i bu na I plot, a nd the body is not C lainied by reldtives or friends for interment elsewhere; (b) any employee of a United States veterans' hospital upon whose reservation a burial 85-382 0 - 73 - 21 PAGENO="0322" 318 plot is maintained who dies while on duty in the hospital and whose body is riot claimed by relative8 or friends, for burial elsewhere; (c) any deceased member of the family of an employee of a United States veteranb' hospital maintaining a burial plot, when such member had been living on the hospital reservation at the time of death, and interment is requested by the employee." VETERANS ADMINISTRATION Ag was indicated earlier, the National Homes Agency and the Veterans Bureau were merged into the Veterans Administration in 1930. As a result, the cemeteries formerly administered by the National Homes and Veterans Bureau, were consolidated under one administrative body. Nevertheless, section 6(b) of the Act which resulted in such consolidation provided that: `(b) All orders, rules, regulations, and permits or other privileges, issued or granted in respect of any function consolidated under the provisions of this Act and in effect at the time of the consolida- tion, shall continue in effect to the same extent as if such consolidation had not occurred, until modified, superseded, or repealed by the Adminis- trator." PAGENO="0323" 319 As a result of this provision of law, the eligibility. criteria applicable to each of the previous two cemetery systems remained in full force and effect. On September 16, 1930, in response to a request concerning the legality of burying any ax-serviceman, whether hospitalized or not at the time of death, in one of the cemeteries previously, operated by the Veterans Bureau, the then General Counsel of the Veterans Bureau indicated that the proposed extension was legally permissible. He stated in such opinion that he had been advised that it was within the discretion of the commanding officer of a post cemetery to permit the burial of any ex-servicernan in such cemetery. After indicating that the Veterans Bureau had the same authority with respect to cemeteries transferred from the War Department, as~ had been held by such Department, he stated that any ex-serviceman could be buried in these cemeteries and recommended that R & p 6336 be revised accordingly. As a result of the then General Counsel's recommendation, R & p 6336, applicable at that time solely to the cemeteries previously operated by theVeteraris Bureau, was amended on January 31, 1932, to include authority to inter the body of: PAGENO="0324" 320 "(B) A veteran of any war in which the armed forces of the United States have been engaged, when such veteran dies outside of a hospital, but at a point closer to a burial plot maintained on a Veterans' Administration hospital reservation than to a national cemetery, and request for interment in such hospital burial plot is made by a relative or representative of such deceased person." In 1935, consideration was given within the Agency to the variance between the eligibility criteria applicable to those cemeteries transferred from the National Home for Disabled Volunteer Soldiers, and that applicable to cemeteries on reservations of facilities other than those formerly designated as Homes. After much consideration, it was deemed advisable to adopt a uniform policy to be followed with regard to all burial plots and cemeteries on the reservations of Veterans Administration facilities. Accordingly, R & p 6336 was revised on October 15, 1935, and made applicable to all cemeteries operated by the Veterans Administration. The criteria adopted was much !uor(' restrictive than that previously in effect. The pertinent portion of the revised regulation, reads as follows: PAGENO="0325" 321 `6336. BURIAL ON RESERVATIONS OF VETERANS' ADMINISTRATION FACILITiES. .- - Per~on~ who, upon decease, will be entitled to interment in cemeteries now maintained on the reserv~tion~ of Veterans' Administration facilities and any other cemetery which may hereafter be acquired by the Veterans' Administration, will consist of: "(A) Persons who die in Veterans' Administration facilities while in receipt of hospital or domiciliary care and whose bodies are not claimed by relatives or friends for interment elsewhere." On January 12, 1936, this regulation was amended to add a new class of individuals who could be interred in these cemeteries. The pertinent part of this extension read as follows: "(B) Those veterans of any war who were not dis- honorably discharged from their last period of war service, or those persons who had peace-time service only and who were honorably discharged for disability incurred~in line of duty or were in receipt of pension for a service-connected disa- bility, who were not being furnished hospital or domiciliary care by the Veterans' Administration but who requested before death, or whose surviving relatives or friends request, interment in a cemetery on the reservation of the Veterans' Administration. Such requests will be honored subject to the condition that the furnishing of the grave will involve no direct expense by the Veterans' Administration facility concerned other than that incident to preparation of the grave and such burial ceremonies as may be available at said facility." PAGENO="0326" 322 On May 29, 1936, this regulation was again amended to add the following new class of individuals: "(C) Officers and enlisted men o~ the Army, Navy, Marine Corps or Coast Guard, who die while in active service, and whose bodies are no~ claimed for shipment elsewhere, subject to the condition that no direct expense to the Veterans Administration facility concerned will be caused other than that incident to preparation of the grave and such burial ceremonies as may be available at such facility; and further provided that permission for such interments will be conditioned upon availability of space in the cemetery of the facility concerned, in the judgment of the manager thereof." On January 20, 1938, R & p 6336 was superseded by R & p 8146. This new regulation authorized eligibility for the three classes previously enumerated in R & p 6336, and added yet another class of individuals. R & P 8146 read as follows: "8146. ELIGIBILITY FOR BURIAL - - The following are entitled to interment in cemeteries maintained on Veterans Administration reservations: "(A) Any member or patient who dies in~a Veterans Administration facility while receiving hospital or domiciliary care whose body is not claimed by relatives or friends for burial elsewhere. "(B) Veterans of any war not dishonorably die-. charged from their last period of war service; veterans of service other than in time of war honorably dis.. charged for disability incurred in line of duty or who PAGENO="0327" 323 were in receipt of pension for a service-connected disability, although not receiving hospital or domi- ciliary care from the Veterans Administration, but who requested before death or whose surviving relatives or friends subsequent to his death request interment in a Veterans Administration cemetery. These burials will be handled provided the furnishing of the grave will involve no direct expense to the Veterans Administration facility concerned other than the preparation of the grave and such burial arrangements as may he available. "(C) Veterans who die in the immediate vicinity of a facility having a cemetery whose bodies are unclaimed and whose relatives can not be located provided the veteran was not dishonorably discharged from his last period of war service or had service only other than in time of war but was honorably discharged for a disability incurred in line of duty or was in receipt of pension for a service-connected disability. Even though the veteran was not receiving hospital treatment or domiciliary care the manager of the facility may authorize burial in the facility cemetery and incur the necessary expense thereof. "(D) Officers and enlisted men of the Army, Navy, Marine Corps or Coast Guard, who die while in active service, and whose bodies are not claimed for shipment elsewhere, subject to the condition that no direct expense to the Veterans Administration facility concerned will be caused other than that incident to preparation of the grave and such burial arrangements as may be available at such facility; and further provEded that permission for such jute rrnents will he conditioned upon avail..Lbility of space in the cernete ry of the facility concerned, in the judgment of the manager thereof. (January 20, 1938)" PAGENO="0328" 324 On May 7, 1947, Technical Bulletin 11-226, was issued for the purpose of amending the rules of elibility for burial in Veterans Administration cemeteries, and therein rescinded R & P 8146. The pertinent portion of this Bulletin read as follows: Ui. Purpose~ It is the purpose of this technical bullet iinend the rules of eligibility for burial in VA cemeteries. "Z. Eligible for Burial in VA Cemeteries. The folloW gperson aieTëii~it1ed to 1nte~iTie~f in VA cemeteries: "a. Any member or patient who dies while receiving hospital or domiciliary care in a VA installation. "b. A veteran who dies in the immediate vicinity of an installation having a cemetery, whose body is unclaimed, whose relatives cannot be located, and burial expenses are payable under Veterans Regulation 9(a), as amended (see R & P R..Z69Z)~" On August 17, 1960, the eligibility criteria for interment in Veterans Administration cemeteries was placed in Veterans Administration Manual, M-1, Part I, Chapter 14, Paragraph 14.44. Such eligibility criteria was set forth as follows: PAGENO="0329" 325 "a. El~ibi1ity. Burial in:VA cemeteries of the remaThs ~FtThe following classes o~f veterans as defined in VA Regulation 6030(A) is authorized: "(1) Any patient who dies while receiving hospital or domiciliary care in a VA field station. "(2) Any veteran who dies in the immediate vicinity of a field station having a cemetery, whose body is unclaimed, Whose relatives cannot be located, and for whom burial expenses are payable under VA Regulation 2600." o On June 10, 1963, this criteria was clarified somewhat to indicate that: the phrase, "Any patient who dies while receiving hospital or domiciliary care in a field station", may include British, Canadian or other Allied beneficiaries. Since that date, this provision of M-1, Part I has remained unchanged. It should be emphasized, however, that although certain specific eligibility criteria was set. forth in this manual provision, as well as In t.he predecessor provisions of Technical Bulletin 1.1-226, the authority of the Adminis- trator has been considered to be sufficiently broad, insofar ,~s the operation of these cemeteries is concerned, to authorize him to make exceptions to the specified eligibility criteria enumerated in the various administrative issues. PAGENO="0330" 326 Under this residual authority, the Administrator has authorized, for example, the interment of veterans dying in contract hospit..ils and the interment of wives, parents and children of eligible veterans under certain conditions. On July 20, 1965, the eligibility criLeria for interment in Veterans Administration cemeteries was placed in a new Veterans Administration Regulation 6200. Such regulation reads as follows: "6200. INTERMENT IN VA CEMETERIES. - - Burial is authorized in VA cemeteries of the remains of the following: "(A) Any veteran (as defined in VA Regulation 6030(A)) who: "(1) dies while receiving hospital or dorni- ciliary care in a VA field station, or "(2) dies in the immediate vicinity of a VA field station having a cemetery, whose body is unclaimed, whose relatives cannot be located, and for whom burial expenses are payable under VA Regulation 2600 (July 20, 1965). "(B) Such other persons or classes of persons as may be designated by the Adrnir~istrator (July 20, 1965)." PAGENO="0331" 327 On June 2, 1966, Veterans Administration Regulation 6200 was revised to read as followsg "6200. INTERMENT IN VA CEMETERiES. - - Burial is authorized in VA cemeteries of the remains of the following: "(A) Any veteran (as defined in VA Regulation 6030(A)) whoi "(1) di~s while receiving hospital, domiciliary or nursing home care in a VA field station, "(2) dies in the immediate vicinity of a VA field station having a cemetery, whose body is unclaimed, whose relatives cannot be located, and for whom burial expenses are payable under VA Regulation 2600, "(3) dies while receiving hospital care at VA expense in a non-VA hospital, or "(4) dies while receiving nursing home care at VA expense in a public or private institution, "(B) Any interred veteran's unrernarried widow, unremarried widower, minor child or unmarried adult child who was physically or mentally disabled and incapable of self-support, in the same grave with the veteran, if such burial can be accomplished without the necessity for disinterment and reburial of the veteran, "(C) Such other ~wrsous or classes of persons as may be designated by the Administrator." PAGENO="0332" 9191 ~i *IISZUS UUPUSUI~1 £~ p.a,ds.11 991 6 L99C lIlt 1199 1S11 0 009041 TWIll o?rs UIW ~I"13 WI~I1W UI P'PT'UI 2~. `t91I'~V 91~ 11299 ~UZ3 - Fr- ~PTs tiiTs I- -~rr o ~r -r- ll61 U~ 0441 091 10 00 CC 0090 ~r `~ ~r ~r W9~l -mr ~`I 7~r ~* ~IlW -w~ ~wr~ ~r ~r -~~lv ~r 7~r ~W1 -~r ~r `~W 0901 1119 911 w ir ~- 1r cuo --~ ~ ~ 0001 9096 61 LIT *-;;~ rvar 6900 0100 1LJ~i 19961 -I--- ~t9~ ~t2ii* ~T ~ i ~ i~T -~gj -ii~ ~ ~ooO~1I1 9~q5 T ~ ~ L~i'F L5~'Ti. F 6~ oCrr ~vrr ~i ~i~'T~ ~ +9T Z90'T~ T- F T 1F 9 r 9 ~r- rI F -IrIT TrIT rIi ~rI;i fl91 ~~irI1 100T rI~T ~~~rIii irI T1T0 ~6ou~-~o4 ~PV~-~U ~o -~ ~o -~ ~ `~1 `IDLIA *`~00 ~1*.~9 ~ 0p4SO*1~1J5jA a TF TrIi ~TTfl 6)49 U5119 ~YA i~_ ~ ~ i~- ~ 49 9-4 00 00 10 IA 69 00 01 00 66 66 (11) (~ 1141 00 C 3299 SUIlC~3 llLLYIISIIIWI 1*990020 L~U ~llV ~~(i) (1) PAGENO="0333" 329 ExHIBIT B BACKGROUND MI~TERIAL ON NATIONAL CEMETERY AND BURIAL BENEFITS FOR VETERANS HiSTORY OF FEDERAL BURiAL BENEFITS The National Cemetery System The initial legislation which provided for national cemeteries, authorized the establishment of such installations to provide places of burial for the soldiers who were dying in the service of their country during the Civil War. Since that time eligibility for interment has been extended to ap- proximately twenty-eight million veterans and some of their dependents. With approximately one million actual and potential gravesites available in all of the Army's national cemeteries, the need for an approach to the national-cemetery question which will provide for equity in the treat- ment of veterans is pressing. Changes in Eligibility By the Act of 13 April 1866, Congress authorized the burial of "sol- diers of the United States who fell in battle or died of disease in the field and in hospitals". The fact that only wartime casualties were to be buried explains to a great extent why so many of the original cemeteries were small and why they were unevenly distributed throughout the states. The problem of the dis- charged veteran who was impoverished apparently plagued officials of the 1870's, for on 1 June 1872 Congress extended the right of burial to honorably discharged soldiers in a destitute condition. From 1872 until 1948 the right to burial was ex- PAGENO="0334" 330 tended to several categories of persons not covered in the original laws. By interpretation, the requirement that a decedent be destitute was gradu- ally ignored. In 1890 the Judge Advocate General ruled that wives and widows could be buried in recognition of the family relationship. In 1904 the Secretary of War went one step farther, approving the burial of minor children in the grave of one of the parents; shortly thereafter the burial of adult daughters was approved administratively. The decisions to relax the rules usually were applied specifically in the cases of particular per- BOflS and were not necessarily intended to be precedents; however, it became operationally impossible to limit application of the policies. Meanwhile, eligibility was further extended by a series of legislative actions aimed at including various groups associated with the Armed Forces. With the increase in the number of persons eligible for interment as a result of World War II and the growing difficulty of applying policies to a program having so many personal and emotional aspects, the Army proposed legislation to the 80th Congress which would supersede all ex- isting policies and legislation on the subject of interment in national cem- eteries. The Act of 14 May 1948, was a comprehensive statement of eligibility for burial. As amended in 1959, it lists the categories of persons who may be interred, but imposes no requirement that the Depart- ment of the Army provide the necessary gravesites. Under the law, the following three categories of persons are the principal groups now eligible PAGENO="0335" 331 EXHIBIT B for interment: 1. Any member or former member of the Armed Forces of the United States whose last active service terminated honorably by death or otherwise; 2. Any citizen of the United States who served in the Armed Forces of any government allied with the United States ~luring a war and whose last active service terminated honorably by death or otherwise; and 3. The wife, husband, widow, widower, minor child, and in the discretion of the Secretary of the Army, the unmarried adult child of any of the persons mentioned in the first two categories. Eligibility of these persons for interment is contingent upon the eventual burial in the cemetery of the person who holds the basic eligibility. The Secretary had determined that adult children arc cligible under the law if they are dependent on the service person or his estate by reason of physical or mental disability. It has been conservatively estimated that more than 50, 000, 000 per- sons are eligible for interment in national cemeteries under current legislation. The figure is steadily rising as the number of young persons entering the service and their families outstrip the losses in older age-groups. Summary of National System The national-cemetery program was not pre-planned. Responsible Federal agencies or officials did not determine In the early days that the PAGENO="0336" 332 right of burial in a Government cemetery should accrue to everyone who served honorably in the Armed Forces; no one assessed the total impact of isolated policy-decisions to embrace more and more categories of decedents among those eligible for burial; and no action was ever taken at levels of final decision to provide, on a continuing basis, the resources needed to implement the eligibility accorded by law. Cemeteries, as a necessary facility of the Army, had been in ex- istence since the establishment of our Government. Before the Civil War, cemeteries were established at most Army posts, many of which were isolated and all of which were scattered, for the convenience of Army com- manders who were responsible for the care of persons who died under their jurisdiction. As casualties began occurring in the first months of the Civil War, post and local cemeteries were used whenever practicable for the burial of war dead. In addition, General Order 33, published in 1862, required Commanders of troops to lay off plots of suitable ground near every battlefield for the burial of combat decedents. That same year the national-cemetery system came into being when Congress authorized President Lincoln to purchase cemetery grounds to be used for the burial of the soldiers who were dying in the service of their country. By the end of 1862, thirteen cemeteries had been created to provide graves for men who had died in battle or of wounds received in PAGENO="0337" 333 battle. In the next two years the number grew to 22, with P%rlington now the most famous of all these installations, being established in 1864. The greatest growth in the System came immediately after the Civil War, when the Army completed the task for concentrating the remains of war dead. Forty national cemeteries were added, bringing the total to 62 by 1870. From then on the growth of the System was sporadic. Several cemeteries were added in the growing west during the 70's and 80's, such as those at Santa Fe, San Francisco, and Fort McPherson, Nebraska; in the 1920's a cemetery was added at Louisville to preserve the grave of President Zachary Taylor; and, when the PWA was flourish- ing in the 30's, seven cemeteries were established near large cities, primarily for the accommodation of veterans. Only five cemeteries have been added to the System since World War II; and, of this number, only the cemetery at Fort Logan, Colorado, near Denver, has been authorized by post-war legislation, the Act of 10 March 1950. The cemeteries in Hawaii and Puerto Rico were added under the impetus of the program for the return from overseas of the dead of World War II; the Willamette National Cemetery, near Portland, Oregon, was established on the basis of pre-war enabling legislation; and the Black Hills National Cemetery in South Dakota was established in the late 40's when Congress added~$50, 000 to cemeterial appropriations for this purpose. Since 1950 no new national cemeteries have been authorized. 85-382 0 - 73 - 22 PAGENO="0338" 334 In the beginning, the War Department regarded It as a responsi- bility to establish on its own initiative under existing legal authority such national cemeteries as were needed to serve the Armed Forces; but, when the proposals of the 1930's were advanced by other-than-military sources under which cemeteries would be established near large centers of population primarily for the use of veterans, the Army maintained a neutral position on the measures. On Z April 1937 the Secretary of War approved the policy that the Department would take neither a positive nor a negative position on cemetery bills but would merely supply full and complete information to enable Congress to decide whether the facts war- ranted establishment of a new cemetery. At the request of the House Military Affairs Committee, the Quartermaster General in the middle 40's prepared a two-volume report which indicated the need for 79 new cemeteries and for development of 13 existing cemeteries. The Army favored enactment of H. R. 516, 79th Congress, providing for one national cemetery in each state and territory and such others as were needed. The fiscal effects of establishing the cemeteries and administering them for one year was estimated at $122, 938, 331. This bill, and several others, which were similar and also were favorably reported, were not passed by Congress, even though they had the strong backing of the American Legion as well as of the Army. PAGENO="0339" 335 On 9 January 1947 the Army sponsoredldgislation proposing that national cemeteries be established on surplus military reservations, Among the installations deemed suitable by the Army were Fort Devens, Ma ssachus etts, Fort Benjamin Harris on, Indiana, Fort Des Moines, Iowa, Fort Logan, Colorado, and Fort Lewis, Washington. When the measure was finally enacted by the 80th Congress and approved on 4 August 1947 as P. L. 342, it provided merely for the expansion of two existing national cemeteries, Fort Rosecrans and Jefferson Barracks. It was apparent at this time that private cemetery interests were opposed to the extension of the Government's cemetery activities. Op- ponents, more united than veteran groups, were successful in defeating the programs for rapid expansion of the national-cemetery system. On 1 July 1953 the Chief of the Legal Branch, Office of the As- sistant Secretary of the Army (Materiel) reviewed the entire policy of establishing national cemeteries. He was convinced that the Secretary of the Army still had authority to establish national cemeteries on non- military land without specific legislative authority in each case; but con- cluded that the Army should continue to support the position that decisions of this type were matters of public policy for Congress to decide. While the Army thus chose voluntarily not to exercise its authority to establish new cemeteries, it continued up to the 1960's to initiate and vigorously support actions toexpand existing cemeteries, generally by the purchase of adjacent private property or the transfer of suitable PAGENO="0340" 336 contiguous Government land. Despite the apparent validity of these efforts in the critical period that followed World War II, the proposals met with mixed success. In the Fiscal Year 1951 the Army requested $1, 273, 205 to purchase property for the expansion of six active cemeteries near large cities; Congress authorized only $622, 719 of this amount; the funds that were appropriated could not be fully obligated; and a decision was made that the cemeteries near Baltimore, Louisville and San Fran- cisco (Golden Gate) would not beenlarged. In the same period, the Army was successful in expanding Beverly, Long Island, Fort Gibson, and Santa Fe by the purchase of land, Barrancas, Fort Leavenworth, Rock Island, Fort Rosecrans, Jefferson Barracks, and Fort Snelling by the transfer of Government property; and Keokuk by the acceptance of donated land. A comprehensive review of the national-cemetery program in the fall of 1961 resulting in the Administrationts non~xpansion policy was made in response of a request to the Army from the Chairman of the Committee on Interior and Insular Affairs, House of Representatives, 87th Congress. The study cited such historic facts as the inequitable distribution of existing cemeteries, wide variation in the size of the installations, the heavy concentration of workload in a comparatively small number of cemeteries, and the disparity between the number of persons now eligible for burial and the availability of gravesites. In addition, it emphasized the following pertinent points: fewer than 10% of the persons being PAGENO="0341" 337 buried in national cemeteries were active-duty deccdents and their families while more than 90% were veterans and their dependents; about 83% of those interred had lived within 50 miles of the cemeteries in which they were finally buried; indicating the close relationship between proximity and the use made of national cemeteries; about 83% of all burials regularly occur in 11 national cemeteries near large cities. It concluded that nearly all of the cemeteries having heavy workloads were to be closed to burials in ten years. The estimated cost of expanding the system so that national cemetery facilities would be available in at least one location in every state was calculated to exceed 2 billion dollars exclusive of the cost of the necessary land. On the basis of these findings, the Army initiated the recommendation which eventually was approved by the then Administration. The situation at Arlington Cemetery i~ cornewhat d~ffereiit .fro~n other national cemeteries. It has been referred to as a National Shrine and in many senses does partake of this charactqr. The complete his- torical background of this cemetery has been covered in Hearings before the House Veterans Affairs Committee, most notably and comprehensively in March and April 1968. Because of the pressure of intermerits, especi- ally following the burial of President John F. Kennedy, the Army has felt the need to limit entitlements to interment to the following classes: (a) Persons dying on active duty in the Armed Forces. (b) Retired members of the Army, Navy, Air Force, PAGENO="0342" 338 Marine Corps, or Coast Guard who have performed active Federal service, are carried on official service retired lists, and are eligible to receive compensation stemming from service in the Armed Forces. (c) Recipients of the Medal of Honor (d) Persons otherwise eligible by reason of honorable military service who have also held elective office in the U. S. Government or served on the Supreme Court or in the Cabinet or in an office compensated at Level II under the Ex- ecutive Salary Act (See 5 USC 5313 and ZZ USC 866). (e) The spouses, minor children, and dependent adult children of the persons listed in (a) through (d) above and of persons already buried in Arlington. This will keep Arlington open for these classes of persons for several years. This action has been challenged as discriminatory by the veterans' service organizations, who desire to have burials as long as possible and then close the cemetery. In essence, Arlington is closed for veteran burials except for the above limited classes. Veterans Administration Cemeteries * The histories of the Veterans Administration cemeteries and those of the national system are similar. Both were established after the Civil War. The national system was usLd to inter and memoralize the dead from the battle fields. The Veterans Administration cemeteries served PAGENO="0343" 339 the National Homes for Disabled Volunteer Soldiers that cared for the veterans disabled by the war. The overall Veterans Administration system derives from 1930 when the National Homes and the Veterans Bureau were merged into the Veterans Administration. People buried in the cemeteries are former active duty personnel, veterans, employees, and members of their households. Like the national system a number of factors since 1866 have determined eligibility for interment. Initially only members of the Homes were eligible. Later in 1929 the Board of Managers extended the right of burial to non-member ex-servicemen who were discharged honorably. Still later in 1934 the Solicitor o~ the Veterans Administration in a memorandum supported the interment of wives of active members of the facility and of widows of veterans already buried there. He established the principle that the in- terment of widows should follow as close as possible the arrangements in effect in the National cemeteries. The Veterans Bureau authorized interment of any veteran of any war in which the United States has been engaged where the veteran dies in a Veterans Hospital, of any employee of a Veterans Hospital, and of any deceased member of the family of an employee where the member has been living on the reservation at the time of death and the employee re- quests it. Where National Home for Disabled Volunteer Soldiers and the Veterans Bureau were merged, the cemeteries also were merged. But PAGENO="0344" 340 the law authorizing the merger provided that the eligibility criteria ap- plicable to each of the two criteria remain in effect. By 1935 variance between the eligibility criteria caused problems and a uniform policy was adopted. Today after eight revisions the following categories of persons are interred: First: Any veteran who dies: (1) While receiving hospital, domiciliary, or nursing home care in a VA field station or (2) in the Immediate vicinity of a field station having a ceme- tery whose body is unclaimed, whose relatives cannot be located and for whom burial expenses are payable by VA or (3) while receiving hospital or nursing home care at VA expense at a non-VA institution. Second: Any interred veteran's unremarried widow or widower, minor child, or unmarried adult child incapable of self-support. Third: Any person who dies in active military service who is eligible for burial in a national cemetery. Fourth: Any veteran or dependent eligible for burial in a national cemetery for whom burial in VA cemetery at Houston or inurnment in the columbarium at VA Center, Los Angeles, is requested. Fifth: Such other persons or classes of persons as may be designated by the Administrator. PAGENO="0345" 341 Veterans Administration cemeteries are managed by the Depart- ment of Medicine and Surgery. Staffing is done by Engineering Service, DM&S. They are assigned to hospitals or other DM&S installations where they are located. They are controlled as part of the station and not as separate entities. The exception is the Houston c~rñctery which, although assigned to the Houston VA hospital, is twenty miles away and has its own management personnel. Post Cemeteries Post cemeteries are part of the garrisons where military forces are stationed. Generally they belong to the older garrisons like Fort Leaven- worth, Kansas, although the Air Force Academy, built after World War II, has a cemetery. They are designed as such to distinguish them from national cemeteries. Some, however, again like Fort Leavenworth, or Fort Sam Houston in San Antonio, Texas, have been expanded and included in the National Cemetery System. Their history is similar to the National system. They were used to bury the dead at isola1~ed military posts then, later during the Civil War, to inter battle casualties. They will not be expanded according to present plans. Historically, local commanders determined eligibility as is the case at the service academies today. More recently policy has been centralized to meet the requirements of the expanding military corn- munity. The following categories of persons can, be interred. First: Members of the Armed Forces who die on active duty whether or not they are stationed at the local installation. PAGENO="0346" 342 Second: Retired personnel from any branch of the armed forces. Third: The spouse, minor children, and, at the discretion of the local commander, unmarried adult children incapable of self-support, of any person eligible under the first two categories. Fourth: Military prisoners and prisoners of war who die on the installation; persons reinterred from national cemeteries. Veterans Burial Allowance The original purpose of the burial allowance was to avoid the burial of war veterans in a potter's field. It dates back to the War Risk Insurance Act of 1917 (40 Stat. 405) which provided for the payment of burial expenses, not to exceed $100, for certain individuals whose death occurred before dis- charge or resignation from service. This provision was amended in 1923 (42 Sta 1523) to extend the payment of the $100 allowance to veterans who died without sufficient assets to meet the expenses of their burial, or where such expenses were not otherwise provided for. This amount was reduced under the Economy Acts by Executive Order 6158, June 6, 1933, to $75. It was restored to $100 by Executive Order No. 6567, dated January 19, 1934. In 1936, the assets limi- tation previously contained in the law was removed. In 1946, the allowance was increased from a maximum of $100 to $150 (Public Law 79-52 9), and in 1958, it was again increased to a maximum of $250 (Public Law 85-674). PAGENO="0347" 343 Active Duty Servicemen Survivor Assistance in the DOD program includes a death gratuity payment, burial entitlement, Retired Serviceman's Family Protection Plan, and certain other minor benefits. The death gratuity payment amounts to six month basic pay. If the member is receiving special incentive or hazardous duty pay at the time of death, this also is added to basic pay. The minimum payment is $800 and the maximum $3, 000. Eligible bene- ficiaries are spouses, children, parents, brothers or sisters of active duty and reserve personnel, the latter while on active duty, active duty for training or inactive duty training. The burial entitlement covers most of the cost incident to the burial of active duty personnel. The Government provides either services or materials. If these are not desired, it reimburses the estate. Each of the military services provide for preparation of remains, a casket or urn, clothing, a burial plot, and transportation to the cemetery. The services monitor the adequacy of the burial reimbursement on a continuing basis. When they determine an increase is warranted, a recommendation is made to the Secretary of Defense concerning revised payment rates. Current rates are: I. $75 when remains are consigned to a national cemetery. ii. $375 when consigned to a funeral home for burial in a national cemetery and iii. $625 when remains are consigned to a funeral home for burial PAGENO="0348" 344 in a private cemetery. Beneficiaries of the service in kind or reimbursement are eligible sur- vivors of active duty and reserve personnel while the latter are in active duty or similar status. Social Security: Lump-Sum Death Benefits A lump-sum death payment may be made upon the death of a wage earner who is either currently or fully insured (military service personnel, veterans, and non-veterans). A worker who has 40 quarters of coverage (or less, depending upon his age) is fully insured. A currently insured status requires at least six quarters of coverage during the preceding 13 quarter period. The amount payable is three times the primary insurance amount (pia) with a maximum limit of $255. Primary insurance amount is the monthly payment the deceased worker would have received at age 65. Ef- fective February 1, 1965, amounts range from $165 to $255. Average payment is about $228. Although the primary insurance amount has been raised periodically, the maximum limit has not been raised. This benefit is payable to a surviving widow merely by reason of relationship. In such cases the lump-sum payment is not a burial al- lowance, and its receipt does not affect burial allowances which may be payable by other agencies. I.f no widow survives, the lump-sum payment becomes a burial benefit payable on a reimbursable basis. It is payable in addition PAGENO="0349" ~345 to VA, Department of Defense, or Bureau of Employeest Compensation burial benefits so long as the combined total of benefits does not exceed the total burial expense. If the total allowance would exceed the total burial expense, Social Security will pay only the difference betwecn the total burial expense and the other allowances. Government Headstones and Markers During the Fiscal Year 1970 the Chief of Support Services, Depart- ment of the Army, furnished through the Memorial Division, more than 200, 000 headstones and markers for graves throughout the world. Of the total number of markers supplied, about 80% were placed at graves in family burial plots and other local cemeteries; the rest mark graves in national and installation cemeteries. Among the latter allowment were some stones for the last resting places of spouses and minor children of persons eligible for burial by virtue of military service. Over the last ten years, over 1, 600, 000 headstones and markers were purchased of which 1, 200, 000 or 75% were placed in private cemeteries. The veteran decedent is entitled to the regulation marker or stone from the Memorial Division without charge in the case of Federal cemeteries, and for cost of installation in private cemeteries unless there is a state or county benefit to defray this cost. Burial Flag~ Legal authority to use t1~e flag to drape the casket of a deceased veteran goes back to the days Cf the Bureau o~ War Risk Insurance, PAGENO="0350" 346 Treasury Department. This agency was authorized by Public No. 90, approved October 6, 1917, to pay "compensation, funeral expenses, services or supplies for death or disability contracted in line of duty" for certain military personnel. Whether these "supplies" included a flag was not spelled out by the language of this law. In 1921 it was deter- mined that there was specific authority to spend $4. 50 for the purpose of an American flag to drape the casket of deceased patients of the Bureau dying in the hospital. However, in 1923 the War Risk Insurance Act was amended to provide "for a flag to drape the casket, and after burial to be given to the next of kin of the deceased, a sum not exceeding $5." The World War Veterans' Act of June 7, 1924, provided that: Where a veteran of any war, including those women who ~cvvcd as Army nurses under contracts between April 21, 1898, and February 2, 1901, who was not dishonorably dis- charged, dies after discharge or resignation from the service, the director shall furnish a flag to drape the casket of such veteran and afterwards to be given to his next of kin regardless of the cause of death of such veteran. In line with this broad concept, a precedent setting: opinion by the Ad- ministrator soon authorized the purchase of flags for burial purposes in all cases where burial expense was payable by the Bureau for veterans dying after separation from service. The present cost for burial flags is estimated to be $8. 50 each and amounts to more than $2, 000, 000 a year. Presidential Memorial Certificate Program Under this program, certificates are mailed from the Veterans Admin- istration in White House envelopes. These certificates are sent to the next PAGENO="0351" 347 of kin of honorably discharged deceased veterans, without the necessity of an application, when notice of death is received in the Veterans Adrnin- istration. Notice of death is normally received in one of the VA regional offices or hospitals, and that office then identifies the next of kin from the veteran's records. Presidential Memorial Certificates are mailed to the next of kin in cases involving death while on active duty only when we receive a specific request for the certificate. Certificates are also mailed to next of kin, relatives, and friends upon request, or to an authorized service represen- tative acting on behalf of these individuals. The program was inaugurated by President Kennedy and continued under Presidents Johnson and Nixon. Through March 31, 1971, 1,834, 950 Certificates have been mailed to next of kin, many of whom have written the President expressing the sentiment that they treasure the Certificate. USE OF FEDERAL CEMETERY BENEFITS The tendency to use Federal cemeteries varies from location to location, from cemetery to cemetery. While contiguity of the cemetery to large centers of veteran population is the major factor gover.ning its use, other factors do operate. In some cases few veterans are buried in a federal cemetery even though it~is reasonably close to a metropolitan area. In 1968 and 1969 the Veterans Administration made a sample survey of 1965 requests for burial allowance. These requests it is estimated, cover PAGENO="0352" 348 about 95 percent of all veteran burials. For some reason or other, either about five percent of the veterans' survivors do not claim the burial al- lowance or there is this amount of error in estimating veterans' deaths. Probably both factors are involved. The 1965 sample estimated a total of 231, 210 veteran deaths in the contiguous United States. Disposition of the remains was shown in 221, 638 cases. 215, 997 (97. 5% of known dispositions) were ground burials, and 5, 641 were cremations. Of the known dispositions, 102, 160 (46. 1%) occurred within 50 miles of a Federal cemetery, 48, 862 ~Z2%) within 100 miles but more than 50, and 64, 975 (29. 3%) occurred more than 100 miles from any Federal cemetery. Of all the ground burials in the contiguous United States, 15. 5% (33, 514) were in Federal cemeteries. Where residence at time of death was within 50 miles of a Federal cemetery, 27. 8% were Federal burials. Where the residence was 50-100 miles from a Federal cemetery, 5. 8% were buried in a Federal cemetery. And where residence was more than 100 miles from any Federal cemetery, 3. 5% were Federal burials. Following the 1968-69 statistical survey of 1965 data, an attempt was made to explore the causes of variation in cemetery usage rates, and to determine and measure the factors associated with usage rates. As would be expected, the most important factors of those measured were 1)supply of graves, 2)willingness to travel, and 3)distance of ceme- teries to residence. The supply of graves within the regions was the most PAGENO="0353" 349 significant of any of the individual variables measured. From a statistical point of view, however, this relationship is highly intercorrelated with the distance of the cemeteries to population centers in the individual region. Given the unevenness of the available Federal grave distribution, the willingness to bury at unusual distances from the re~ith:nce at ti~iic of death has a marked effect on the usage rate of the cemeteries. This willingness to bury was measured by taking the number in each region who were buried in a Federal cemetery at a distance greater than 50 miles from the residence at death as a percentage of the total veteran deaths in the region. As ex- pected, the areas in which the tendency to bury at a distance are greatest are in the far West, although areas such as Florida in which a large number of deceased veterans are returned to their former homes for burial also are high in this respect. The third factor examinedis the proximity of cemeteries to resi- dence, It is clearly reasonable that the more veterans that live near Federal cemeteries, the more will be buried In Federal cemeteries. An overwhelm- ing majority of veterans are buried in cemeteries near their homes. This is somewhat countered by the honorific value of being buried with military rites in a Federal cemetery, especially where the honor is deeply felt, such as the case of Arlington. An attempt was also made to judge the effect of low income on burial in a Federal cemetery. No conclusive measure was found. However, the following table points to a positive association over-all to low income and burial in a Federal cemetery. 85-382 0 - 73 - 23 PAGENO="0354" 350 Percentage Buried in Federal Ceniet.ries Award Status Total Deaths in VA Deaths Hospitals Elsewhere Total 15.0 21.9 13.2 Compensation 12.5 15.0 10.0 Pension 17.4 23.1 14.7 NoAward 13.9 21.9 12.9 Unknown 13.9 15.1 11.7 This table shows that there is a positive association among pension status and knirial in a Federal cemetery, and death in a VA hospital and burial in a Federal cemetery. We do know that both pension status and hospitaliza- tion in a VA hospital are associated with low income. There is a negative relationship between receipt of compensation and burial in a Federal cemetery. We had no information on the amount of compensation or pension received in this survey, only the status. A more recent survey of burials comprised another sample review of applications for burial benefits. This was a 1/2 of 1% sample of veterans who died in Fiscal Year 1970. The results of this survey are as follows: Place of Burial Within same County Within Outside or Metropolitan Area Same State as Residence at time State of death Total 1164 919 110 135 Federal Cemeteries 106 70 22 14 Other Cemeteries 1058 849 88 121 PAGENO="0355" 351 The percentages relating to this table are: Place of Burial Within same County Within Outside or Metropolitan Area State State as Residence at time of death Total. 100.0 100.0 100.0 100.0 Federal Cemeteries 9.1 7.6 20,0% 10.4 Other Cemeteries 90. 9 92.4 80. 0 89. 6 This indicates that there has been a substantial drop in the per- centage of veteran burials in Federal cemeteries since 1965. Most of this is due to the closing of Federal cemeteries such as Arlington, Beverly, and those in California for general veterans burial. This survey corroborates the general conclusion that most veterans are buried near to their residence or their place of death. A further indication of this is contained in a survey conducted by the Memorial Division and contained in a table on page 4340 of Bills Related to the National Cemetery System, Hearings before the Special Subcommittee on Cemeteries of the Committee on Veterans Affairs, House of Representatives, 91st Congress, Second Session, November 17, 18, 19, 1970. This table is selective, and not inclusive. PAGENO="0356" 352 Percentage of Veterans Dying Within 50-Mile Radius Interred in Specified National Cemeteries - - 1969 Vets' inter- Percentage of Vets' deaths ments from vet decedents within 50 within 50 within 50 Vets miles of miles of miles interred within national national in national Nat'l cemetery 50 miles cemetery cemetery cemetery Baltimore 43, 995 4, 136 1, 566 37. 9 Barrancas 46,488 437 106 24.3 Camp Butler 102,480 963 107 11.1 Chattanooga 54, 963 517 169 32.7 Fort Bliss 44, 342 417 263 63. 1 Fort Leavenworth 90,607 952 388 45.5 Fort Logan 159,713 1,501 675 45.0 Fort Sam Houston 117, 944 1, 109 541 48.8 FortSnelling 256,284 2,409 1,560 64.8 Jefferson Barracks 249, 197 2,342 1,344 57.4 Long Island 1,328,261 12,486 7,100 56.9. Memphis 96, 100 903 396 43. 9 Nashville 97, 375 915 228 24. 9 Rock Island 55, 266 520 228 43. 8 SaLlta Fe 26,670 251 102 40.6 Willamette 154,940 1,968 1, 118 31, 726 15, 891 50. 1 From the various surveys we conclude that the use of this benefit would very probably be restricted to fewer than 50 percent of the veterans in any case and this would require develc.pment of gravesites adjacent to every large metropolitan area of the country. As most of the cemeteries now in use will be filled within a relatively short time, the current usage rate of ten percent cannot be sustained without additional cemeteries. PAGENO="0357" 353 STATE AND LOCAL GOVERNMENTAL BURIAL BENEFITS FOR VETERANS Forty one of the fifty states, as of 1970, provide some burial pro- vision for veterans. These include financial benefits, burial plots, ceremonial and legal enactments that specify how veterans~ burials will be conducted. Burial allowances vary from unlimited county provisions in Nebraska for burial of indigent veterans, to a $300 allowance in Michigan for all veterans, their wives, and widows whose estates are $15, 000 or less, to th~ same amount in Kansas for indigent veterans, their wives and widows and finally to those states which make no provisions whatsoever. A partial breakout of these burial allowance arrays is shown in the following table. Burial Allowance ________________________ $300 State Kansas - Entitlement Indignt vet:i~ii:, v'i~ c~, v'idv's a~J iarents. Michigan All veterans, wives, widows, who have an es- tate $15,000 or less. $250 Idaho Indigent veterans, wives Maine Illinois New York All indigent veterans, wives, widows, parents, minor children Indigent veterans, wives, widows, minor children - $200 $150 * Iowa Texas Connecticut Delaware N. Carolina Vermont Indigent veterans, wives, widows, minor children Confederate pensioners Indigent veterans Same Confederate pensioners Indigent veterans, wives, widows $100 : Kentucky Confederate-pensioners Maryland Minnesota Oklahoma Ohio Tennessee Utah Indigent veterans Same Same veterans, wives,widows, parents Confederate pensioners Civil War veterans with numerous en lems Les~ 4-ian $100 0th state~ PAGENO="0358" 354 Provisions for burial plots vary considerably from state to state. The states of Maine, Nebraska and Oklahoma have state veterans cemeteries. However, Oklahoma's cemetery is inactive. There were 125 burials in the Maine Cemetery and 98 in the Nebraska cemetery in 1970. Pennsylvania has a law that permits counties to purchase lots for burial of indigent veterans and the Department of Military Affairs to purchase land for state military cemeteries. The state of Colorado authorizes acquisition and maintenance of burial grounds which can be managed and controlled by certain veteran organizations. Veterans, their wives, widows and mothers who are residents of the Colorado State Veterans Center are eligible for burial in that cemetery. Illinois and Kansas authorize a $75 cemetery plot allowance. Other states have similar benefits that provide the same and lesser assistance mainly to indigent veterans and their immediate families. The majority of the 41 states make some provision for either installing a headstone on a veteran's grave or providing funds for setting up U. S. government headstones provided for all veterans. Colorado, for example, provides a $20 allowance for this purpose. Iowa provides a $15 allowance. Many of these states require local government subdivisions such as counties, municipalities, and towns to bear these respon- sibilities. They also have laws which require cemetery managers to accept the headstones provided either by the U. S. or local governments. Several states authorize various honorary services at the state's ex- pense. Connecticut authorizes a firing squad from the National Guard, Naval PAGENO="0359" ~355 Militia or state guard for the burial of any veteran. Pennsylvania provides a military band to a veterans' organization for the Interment of a Pennsylvania veteran. A number of states such as Maine, Massachusetts, Minnesota, New Hamp3hire, New Jersey and Pennsylvania, and other states provide for metal markers at veterans graves from state funds and assume the responsibility for decorating graves on Memorial Day. Legal provisions are established to encourage cemetery corporations by service organizations, to prohibit the use of the bodies of veterans for medical purposes to prevent malicious injury to veterans' gt~aves and to record these graves. For example, the state of Indiana provides that a corporate existence may be extended where a cemetery obtains the remains of persons who served in the Armed Forces. New York authorizes soldiers monument corporations to acquire burial grounds either by gi.~koir purchase or exclusive use of veterans. A number of states have laws that prevent burial of veterans in pauper's fields, use of their bodies for dissection in the Medical schools. Similarly they have laws that define malicious injury to a veteran's grave as a misdemeanor. Connecticut, for example, has a $100 fine for disturbing a veteran's grave. Pennsylvania defines buying or stealing a headstone or marker from a veteran's grave as a felony. In short, a great majority of states in the union make some provisions either for financial assistance or legal protection for veterans and families. Burial allowances provided either by the state or county is the most numerous PAGENO="0360" 356 benefit, followed by burial plots, then by care and maintenance and decora- tion of veterans' graves, then tapering off to other less significant benefits. Most states spend very little money in allowances with the exception of Connecticut, Indiana, Michigan, Montana, and Pennsylvania. However, as indicated above, there are direct cemetery benefits in Maine and Nebraska which are not counted in any citations of money expended. A complete listing of state benefits is attached as an appendix to this review. In 1967 the National Commander of the AMVETS made a survey of the various states so as to elicit willingness on the part of the states to donate land to the Department of Defense for veterans' cemeteries. The repponses contained in Legislative Recommendations of Veterans Organizations, 1968, Hearings before the Committee on Veterans' Affairs, H.R. 90th Congress, Second Session, February 7, March 5, 12, and April 4, 1968 were not par- ticularly favorable. However, the question has not been followed up in any respect. Thirty four out of the 50 states responded to the National Commander of AMVETS. The replies could roughly be classified as follows: Little interest 7 More discussion needed 7 Referred to legislature 7 No requirement 7 Suggest that federal land be used 4 Offered land 1 Veterans organizations should provide cemeteries 1 34 PAGENO="0361" 357 COSTS OF FUNERALS AND AVAILABILITY OF NON-FEDERAL CEMETERIES The National Funeral Directors Association classifies funeral costs under four separate categories of expenses. These are: 1. Those which specifically~ involve the funeral director including his professional services and those of his staff; the use of the facilities and equipment he has available; and, the casket and the vault selected. 2. Those dealing with the disposition of the body. If earth interred, there Is the cost of the grave and the charge for opening and closing. If cremated, there is the charge for the actual cremation, plus the cost of an urn in which to place the cremated remains, if desired. 3. Those for memorialization, such as a monument or marker for the grave or a niche for the urn of cremated remains. 4. Other miscellaneous expenses paid by the family, usually through the funeral director. These include flowers, newspaper death notices, ad- ditional limousines, burial clothing, and out- of- town transportation. The most recent annual survey was conducted by the National Funeral Directors Association in 1969. It showed that in that year the average adult funeral cost $926. This did not include vault, cemetery, or crematorium charges, headstone or marker,, and any of the miscellaneous expenses cited above. When all funerals, including children and welfare funerals were con- sidered, the total average was $787. The frequency breakdown of the costs PAGENO="0362" 358 of funeral services wa~ as follows: Range ~erccntage $ 0-199 18.7* 200 - 499 6.2 500- 799 22.8 800 - 999 26.2 1000 -1199 14.2 1200 -1499 8.5 1500 -1999 2.7 over $2000 0.7 *primarily children and welfare In addition to these charges, many cemeteries require some sort of outside enclosure to protect the cemetery against grave cave-ins. These usually come as a concrete box costing $75 or more. In some cases, a wooden enclosure costing $30 or more is permitted. In many cases, however, burial vaults made of steel, fiberglass, and copper ranging in price upwards from $150 are sold through funeral directors. * Interment or cremation costs are not included in any of the above charges. In most cemeteries, according to the National Funeral Directors Association, the cost of an individual grave space ranges from about $75 to $350. Costs of opening and closing the grave run from approximately $45 to $150. Prices for individual crypts in indoor mausoleums start at about $600. Outside garden crypts begin at about $350. Costs of cremation vary from $50 to $100 according to the Secretary of the Cremation Association of America. Individual urns cost from $50 to over $250, while Columbaria niches to hold such urns range from $35 to $750. There are about 330 crematories in the United States PAGENO="0363" 359 of which about 50 are in funeral parlors which do not have Columbarla. About 280 locations have facilities to take care of the complete cremation and inurnment or interment. According to Mr. Howard C. Raether of the National Fuaeral Direc- ~ Association, when ~ government cemetery is not used, `often the expenses of a cemetery plot and opening the grave and an outside receptable, when required, come close to, or equal, or exceed the $250 allowance. And this does not consider added charges for late in the day interments or those on Saturdays or holidays." Even with the use of a government cemetery," he continues, "the out-of-pocket expenses of the funeral director, not con- sidering his cost of operation, come close to the amount of the present allowance." The Veterans Administration receivnr cuncral hills in its various regional offices to substantiate the claim for the $250 funeral expense benefit. Some of the funeral bills are itemized but not all. It is not possible there- fore to get a complete breakdown of the various parts of funeral expenses. In our recent surveys we find that the average total funeral cost in- curred in behalf of deceased veterans was $874 in 1967, and $1192 in 1970. Of these costs $678 in 1967, and $910 in 1970 were funeral service costs. Cemetery plot costs were $60 in 1967 and $122 in 1970. These figures indicate thatthe ~ funeral expenses were sub- stantially in line with those incurred on behalf of oth.~r deceased citizens. PAGENO="0364" 360 The rise in the average costs incurred on behalf of deceased veterans is some- what higher than that experienced nationwide. According to the Monthly Labor Review of May 1971, the 1970 index of adult funeral services was 112. 9 (based on 1967100). This had increased to 115. 9 in March 1971. Our survey reports indicate an increase of 34 percent in the same per~iod. While we have not been able to get recent statistics on the availability of private and public cemeteries throughout the United States, Mr. Lee McNett, representing the National Association of Cemeteries and the American Ceme- tery Association testified on March 27, 1968 that there are over 9, 000 active cemeteries, of which 65 percent are publicly owned, including not only those owned by governmental jurisdictions but also those operated by churches, synagogues and fraternal orders. The remaining 35 percent are privately owned and operated on a proprietary basis. Again according to Mr. McNett, the average size of these cèm~teries Is in the neighborhood of 65 acres. The average remaining capacity is suf- ficient to provide for ground burial of the population of the United States for about 143 years. PAGENO="0365" CRAJESITE I E'~TO1Y TTflN~I. AN~ VA CFD4rTFR APPENDIX I 3 4 5 AlABAMA Mobile - Army TOTAL & 7 FEDERAL C~ieTERIES BY STATE AGENCY CLOSED *_ PECTED CLOSED EX-J~_ACREAGE DEVEL- OPE17 J UNDEV- ELOPED EXPANSION ACREAGE VA ONLY DF"ELOPEO GRAVES UNDEVELOPED TOTAL USED AVAILABLE GRAVES GRAVES VA ONLY P(SSThILITIES 10+ 11 + 12 8 9 10 11 12 13 3,521 666 666 - - 3,495- 455 455 1963 1967 1967 1962 ALASKA Sttka TOTAL AR1Z~.5 Preacott - - - - TOTAL - - - - - - b.~NSAS Fayetteville - - - - Fort Snith Little Rock - - - - TOTAL CALIFORNIA Fort Rosecrani - - - Golden Gate - - - - Lo8 Angeles - - - - San Francisco - - - TOTAL COLORADO Fort Logan - - -. - - Port Lyon TOTAL 26 211 211 283 283 Army VA Army Army Army Army Army VA Army Army VA 2,556 2,273 5.24 0 5.24 0 1.19 0 1.19 0 6:00 0 6.00 0 6.11 14.59 24.95 45.65 71.34 161.50 122.00 28.34 383.18 40.80 8.00 48.80 1993 1972 1978 1996 1985 1975 2000+ 1980 CA3 I. 0 3,337 0 5,525 0 0 29,269 0 40,386 0 89,824 0 9 53,410 0 21,850 0 9 205,470 96.36 24,185 0 180 960 96.36 T~ 25,145 0 0 0 0 0 0 0 0 0 0 5,000 0 5,000 49,840 1 49,840 26 26 211 211 283 283 63'i 4,2 9,625 190 491 8,511 14,129 26 8,511 14,836 - 62,207 ~2~2 fl~ 23,040 85,488 2,703 4,287 19,644 40,196 89,333 52,792 21,824 204,145 11,818 719 12,537 634 4,238 9,625 190 491 618 26 1,325 12,367 241 12,608 PAGENO="0366" GRAVESITE INVENTORY - Cont'd. NATIONAL AND VA CRI1ETERIES 1 .5 3 4 5 6 7 8 FEDERAL CEMETERIES BY STATE AGENCY CLOSED PECTED ACREAOE I DEVEL- UNDEV- - EXPANSION ACREAGE DEVE TOTAL LOPED USED CRAVES ii UNDEVELOPED 12 EXPANSION GRAVES 13 TOTAL POSSIBILITIES CLOSED OPEl) ELOPED VA ONLY AVAILABLE GRAVES VA ONLY 10 + 11 + 12 9 10 1.03 15.80 16.83 16.69 9.00 1.36 27.05 0 0 0 13.22 0 0 13.22 45 45 0 ~ ~W~2 855 13,683 12,828 ë~ DISTRICT OF COLUMBIA Battleground Soldiers' Home - - - - TOTAL FLORIDA Barrancas Bay Pines St. Augustine - - - - TOTAL GEORGIA Andersonville - - - - Marietta TOTAL HAWAII Pacific TOTAL ILLINOIS Alton Camp Butler Da~'vil1e Mound City Quit~cy Rock Island TOTAL INDIANA Crown Hill Marion New Albany TOTAL 8,106 4,199 13,403 7,329 4,199 12,626 RIPS Array Army VA Army Army Army Army Army Army VA Army Army Army Army VA Army 27.15 89.91 23.25 0 50.40 89.91 777 0 0 777 Closed ot gen. 1977 vailabi 1987 1964 1949 2000+ 1971 1980 1961 2000+ 2000+ 1991 1995 1936 1867 1980 1960 24,748 14,983 9,765 j~j~ 100 40,720 30,855 9,865 26.596iQ~ ~ 26,596 20,327 6,269 16 10 10 5 3 -2- 0. 0 0 7,424 0 0 7,424 50,904 0 50,904 0 0 0 14,093 0 0 0 22,841 0 0 0 111.54 111.54 .05 16.45 30.00 10.50 .45 15. 70 73. 15 1.37 14.00 6.31 0 0 0 0 4,200 0 4,200 * 5,216 5,216 0 1,600 0 0 0 22.80 0 0 0 11. 80 34.60 0 0 0 0 855 855 82O1 4,2C0 0 12,401 60,669 100 60,769 6,269 6 15,893 6,211 1,366 128 34,346 0 2,160 16 ~17~ 486 480 7,737 5,937 6,522 5,527 7,782 6,416 573 445 2~ ~Z1i~ 32,818 26,529 795 795. 4,613 4,053 4859 4843 T5~7~T 6 1,800 995 1,366 128 L~2~ 6,289 0 560 16 376 PAGENO="0367" INVENTORY - Cont'd NATIONAL AND VA C~1ETER!ES I 5 6 7 8 q FEDERAL CEMETERIES BY STATE AGENCY CLOSED EX- PECTED' CLOSED ACREAGE DEVEL- UNDEV- OPED ELOPES EXPANSIOI ACREAGE VA ONLY DEVELOPED_GRAVES TOTAL USED AVAILABLE CRAVES POSSIBILITIES GRAVES VA ONLY 10+ II + 12 10 ii 12 2,135 304 IOWA Xeokuk TOTAL KANSAS Fort Leavenworth Fort Scott WL!deworth - - - - TOTAL - -~ - - -- -~ -~ KENTUCICY Cartp Nelson - - - Cave Hill Danville Lebanon------ L~xtngton Mill Springs - - - - Perryville Zacbary Taylor - - - TOTAL LOUISIANA Alex3ndria Baton Rouge - - - - Chalmette Fort Hudson - .- - - TOTAL $AINE Togus TOTAL Army Army Army VA Army Army Army Amy Army Army Army Army Army Army 1q25 Army 1979 1981 200G 1980 1974 1983 1981 1984 1967 1939 1955 1930 o BrIs. 1959 1960 Closed 5.10 16.OC 5.10 16.00 36.10 0 10.51 0 30.00 0 76.61 0 9_75 0 4.10 0 .31 0 *2.83 0 .75 0 3.50 0 4.39 0 16.43 0 42.06 0 8.23 0 7.69 0 17.33 0 8.04 0 41.29 0 50.00 0 50.00 0 2,439 18,180 5,803 38,533 5,261 5,623 394 1,669 1,384 2,111 0 24,178 6,252 4,988 15,273 33,061 12,718 2,351 27,447 5,243 5,621 393 1,496 1,384 1,356 0 23, 115 5,295 4,983 15,273 30,652 75 - __75 7 7 0 0 0 0 0 -0 0 0 0 *0 0 0 0 0 0 0 0 0 0 ---i 0 5,462 3,452 11,086 18 173 0 755 0 114 1,063 957 2,409 0 0 304 304 5,462 3,452 47,691 18 173 0 755 0 114 1,0(3 957 2,409 L!~2. 2,100 36,605 L~2 2,100 12!! 12!! 5,371 5,371 VA 1961 PAGENO="0368" CRAVES YTE NATIONAL ANT) VA 2 3 4 5 6 7 8 9 - FEDERAL CEMETERIES EX- ACREAGE AGENCY CLOSED PECTED DEVEL- UNDEV- BY STATE j - - CLOSED OPED ELOPED EXPANSION ACREAGE 10 DEVELOPED_GRAVE~ TOTAL USED AVAILABLE ii UNDEVELOPED 12 3 EXRANSION TOTAL CRAVES POSSIBILITIES VA ONLY 10+ 11 + 12 VA ONLY GRAVES 2,856 5,030 31,462 -~-~ 45, 828 2,833 5,030 31,293 45,632 1961 Cloned 1971 1971 Closed 1969 0 169 24 196 MARYLAND Anni~po1is Ant ietem Beltimore Loudon Park TOTAL MINNESOTA Fort Smelling - - - TOTAL MISSISS IPPI Biloxi Corinth Natchet Vtckxbu- TOTAL MISSOURI Jeffereon Berrecks - Jefferson City - - - Springfield TOTAL MONTANA Custer Battlefield - TOTAL NEBRASKA Fort McPherson - - - TOTAL 0 0 0 0 0 Army `-NPS Army Army Army VA Army Army NPS Army Army Army NPS Army ~LL~ ~ 2~Z~ _ 47,567 44,094 3,473 208,699 4.13 11.50* 72.23 5.60 93.46 127.57 127.57 25.00 20.00 10.72 117.85 173.57 105.33 2.01 13.82 121.16 8.08 8.08 14.00 14.00 0 0 0 0 349.00 349.00 0 0 0 0 0 201.65 0 0 201.65 0 0 6.00 6.00 2000- 2000 2000 1982 2000 1979 1972- 75 2000 11,336 13,441 6,874 47,867 63,922 1,536 73, 240 1,246 6,079 4,467 29,998 44,774 1,528 51,918 10,090 7,362 407 l0 17,869 19,148 8 -~ 21,322 4 4 -4- 3 0 169 24 196 * 212,172 12,066 7,362 407 10 19,845 138,124 8 2,166 140,298 666 666 ~~2L 6,712 1,976 1,976 0 0 0 0 0 0 0 118,976 0 0 118,976 0 0 3,956 3,448 ~La~ LZ~Z 5,513 2,757 L1~ ~ 2,782 666 2,756 PAGENO="0369" Cnnt'd. RATT(~AT. A~ff) %`A 2 3 4 5 Army ~tmy FEDCRAL C ETERIES BY STA TE -- AGENCY * CLOSED EX- ACREAGE PECTED~ DEVEL- UNDEV- CLOSED OPED ELOPED EXPANSION ACREAGE VA ONLY D~"ELOPED_GRAVES ~E1OPD RAVES ~ EXPAJ'S1O~ CRAVES VA OBL~ TOTAL POSSI3ILITIES tO + 11 12 A ~ ~ USED AVIILABLE - 1966 1947 f~ 7 9 10 ii 12 13 VA 1965 Army~ 64.55 0 4.59 0 69.14 0 16.00 0 14.46 20.13 30.46 20.13 NEW JERSEY Beverly Finn's Point - - - - TOTAL NEW MEXICO Fort Bayard SantaFe-- - -*-- - TOTAL NEW YORK Bath - Cypress Bills - - - - Long Island Woodlawn FOTAL NORTH CAROLINA New Bern Raleigh Salisbury Wilmington TOTAL OHIO Dayton TOTAL OKLAHOMA Fort Gibson TOTAL 33,866 79 Ô ~ Q 2 36,569 79 0 1,550 1,050 0 ~222 L~4 8,146 3,494 12,000 1954 1969 1996 1976 1975 1993 1998 1983 1976 33,945 36,648 2,600 11,640 8,109 18,608 224,453 6,128 257,298 5~276 4,967 14,211 28, 7 26 19.-OO 18.19 364.00 7.62 408.81 6.42 6.95 5.97 5.06 24.40 VA Army Army Army Army Army Army Army VA Army 0 0 0 0 0 1.26 0 0 0 1.26 0 0 7,492 18,505 161,102 6,109 193,208 4,427 2,522 13,474 24,093 617 103 63,351 19 64,090 849 2,445 737 602 4,633 c~5 01 1972 55.00 55.00 79 0 79~ 1,050 i~j~ 15,494 617 103 63,351 19 64,090 1,564 2,445 737 602 5,348 656 656 13.865 0 0 .0 0 715 0 0 0 715 0 IL~LO 11,220 2000 ll~2Z ~i ~ 22,507 21,851 656 13.51 18.7O~ 13.51 18.701 L2~ 1211 8,362 5,717 L~2 2,645 -5- PAGENO="0370" kVESIT STORY - Cont'~. NATIONAL AND VA C~IETERIES I 4 a FEDERAL C~ETERIES BY STATE ACEN~ EX- CLOSED PECTED CLOSED ACREAGE DEVEL- ~ OPED [ELOPED EXPANSION ACREAGE VA Wm~/ELOPED GRAVES EXPANSION GRAVES TOTAL ~SS1BILITIES TOTAL DEVELOPED_GRAVES USES) AVAILABLE 10 11 12 13 3.00 8.00 56.80 67. 80 20.55 13.32 33.87 14 14 0 0 144.65 144.65 0 0 2,130 2,400 35,571 OREGON Roaeburg IThite City Wt11a~,ette TOTAL P~NNSYLVANIA Gettysburg PhiI.~de1phia - - - - TOTAL PUERTO RICO Puerto Rico TOTAL SOUTH CAROLINA Beaufort Florence TOTAL SOUTH DAKOTA Black Hills Fort Meade .~iot Springs TOTAL 1,378 472 28,550 VA Army NI'S Army Army Army Army Army VA VA 752 1,928 7,021 1982 2000 2000 1972-74 1947 2000 2000 1981 2000 1948 1964 4,000 4,000 28.30 79.94 28.30 79,94 6,601 5,877 724 ~ 10,156 !~ 16,869 16,033 836 28.92 5.87 34.79 12.00 2.00 12.00 26.00 0 0 86,790 0 0 0 22~2 30,740 0 0 0 56,340 0 0 56,340 9,439 16,813 21, 347 5,297 188 6,967 0 0 0 93.90 0 oJ 93.90 752 5,928 97,811 724 112 836 33,300 6,479 661 7,140 58,178 0 58,179 6,879 10,334 14, 207 3,459 188 5,128 2,560 6,479 661 7,140 1,838 0 1,839 -6- PAGENO="0371" NATIONAL AN~ VA CEMETERIE$ 6 7 8 9 10 11 17 FEDERAL C~1ETERIES BY STATE AGENCY EX- ACRE CLOSE PECTED DEVEL- 9 (~Tf~~~1)1 OPED ACE UND~V- ELOPED EXPANSION ACREAGE VA ONLY DEV ELOPED C USED RAVES U~EVO1'ED GRAVES EXPANSION GRAVES VA ONLY TOTAL POSSIBILETIE 10 + 1.1 + I TOTAL AVAILABLE TERNESSEE : -. Andrew Johnson - - - NPS 1990-99 14.25 0 713 529 1.84 .0 1.84 Chattarioo~n ~rmy 200041 77.00 43.00 23,515 20,511 3,004 26,000 29,004 Fort Dor.elson - - - - NPS 2000 5.00 10.00 2,096 1,139 957 1,400 2,357 Knoxville Army 1972 9.83 0 7,138 6,849 289 0 209 Memphis Army 1976 44.15 0 25,81.0 23,534 2,276 0 - 2,276 Mountain Home - - - - VA 2000 30.00 0 30 1.0,000 4,762 5,238 0 10,000 15,238 Nashville Army 1995 65.00 0 30,530 21,686 8,844 0 8,844 Shiloh NE'S 1972 10.25 3 3,809 3,752 57 0 . 57 Stones River N°S 19,4 20 00 0 7 053 ~Q~5 238 0 238 TOTAL 275 48 53 80 30 110 664 89 577 21 087 27 400 10 000 58 487 TEXAS - Fort Bliss Army 2000 42.85 17.00 23,750 9,111 14,639 10,200 24,839 Fort Sam Houston - - Army 1977 60.11 0 33,476 24,026 9,450 0 9,450 Houston VA 2000 45.00 374.00 20,250 2,494 1.7,756 187,000 204,756 Kerrville VA 1957 2.00 0 461. 461 0 0 0 San Antonio Army 1961 3.66 0 ~ ~ 5 0 5 TOTAL 1.53.62 391.00 80,941 39,091 41,850 197,200 239,050 PAGENO="0372" GRAVESITEIHVE)TORY - Cont'd. NATIONAL AND VA CEMETERIES 1 2 3 4 5 6 7 R 10 Ii 12 13 FEDERAL CEMETERIES BY STATE AGENCY CLOSED EX- PECTED CLOSED ACREAGE DEVEL- UNDEV- OPEO ELOPED EXPANSION ACREAGE VA ONLY DEVEWPED GRAVES UNDEVELOPED GRAVES EXPANSION GRAVES VA ONLY TOTAL POSSIBILITIES + 11 + 12 TOTAL ~ USED AVAILABLE VIRGINIA : I Alexandria ------ Army 1967 5.50 0 4,028 4,016 12 0 12 Arlington ------ Army Not gen. 1976 429.10 88.73 147,631 141,434 6,197 15,793 21,990 availabl Balla Bluff Army 1865 4.63 0 25 25 0 0 .0 City Point Army 1972 6.66 0 5,394 5,244 150 0 150 Cold Harbor Army 1970 1.43 0 948 933 15 0 15 Culpeper Army 1974 6.47 0 3,611 2,503 1,108 0 1,108 Danvtlle Army 1955 3.50 0 2,128 2,106 22 0 22 * Fort Harriaon - - - - Army 1967 1.55 0 1,046 1,005 41 0 41 Fredericksburg - - - - NPS Closed 12.00 0 15,330 15,330 NA NA NA Glendale Army 1970 2.08 0 1,289 1,278 11 0 .. 11 Hampton Army 1970 26.53 0 20,824 20,756 68 0 68 Hampton VA 1912 .03 0 22 22 0 0 0 Poplar Grove NPS Closed 8.65 0 6,316 6,316 NA NA - NA Richmond Army 1963 9.74 0 7,092 7,077 15 0 15 Seven Pines Army 1965 1.90 0 1,122 1,085 37 0 37 Staunton Army 1970 1.15 0 835 826 9 0 9 Winchester Army 1970 4.89 0 4,986 6,973 13 0 13 Ycrktown NI'S Cloaed 3.00 0 2,204 2,204 0 - 0 0 TOTAL 528.81 8.8.73 224,831 217,133 7,698 15,793 . 23,491 WEST VIRGINIA Crafton Army 1961 3.21 0 5 0 5 TOTAL 3.21 0 2,065 2,060 5 0 5 NA - Not Available. -8- PAGENO="0373" NATIONAL AND VA C~1ETERIF.S * Dates are based on current usage. 282,883 905,838 NPS 86,134 83,298k 2,836 1,400 VA 196,466 146,112 50,354 192;000 - Army 1,345,234 1,115,541 229,693 712,438 2 3 4 5 6 7 8 9 10 GRAND TOTAL. 11 13 FEDERAL VENETERIES BY STATE * AGENCY CLOSED PECTED CLOSED ACREAGE r EXPANSION DEVEL- UNDEV- ACREAGE OPED ELOPED VA ONLY DE"~L0PED_GRAVES TOTAL USED AVAILABLE NDEVELOPE CRAVES EXPANSION GRAVIS VA ONLY TOTAL POSSIBILITIES 10+11 i- 12 WISCONSIN Wood TOTAL .yA 1995 27.00 27.00 . 0 0 ,~99 22,800 J.~±22 15,403 i.~22i 7,397 .9 0 Z.~.22i 7,397 F 1.19 VA 21 NPS 1.3 Army 85 i3,323. 81 1,698.85 1,627,83411,344,9511 97,268 1,285, 969 -9- PAGENO="0374" APPENDIX II STATE F.Y. F.Y. 1972 1973 PROJECTED DEATHS OF VETERANS, BY STATE FISCAL YEAR 1972 THRIJ FISCAL YEAR 2000 F.Y. 1974 F.Y. 1975 F.Y. 1976 F.Y. 1977 F.Y. 1978 F.Y. 1979 F.Y. 1980 F.Y. ! F.Y. 1981 1982 F.Y. 1983 F.Y, 1984 397,000 411,000 426,000 394,280 407,710 422,590 F.Y. 1985 F.Y. 1986 GRAND TOTAL - - - U.S. - STATE TOTAL - - Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia - Florida Georgia Hawaii Idaho Illinois Indiana Ic'va Kansas Kentucky Louisiana Maine Maryland Massachusetts - - - - Michigan Minnesota Mississippi 326,000 340,000 323,676 337,675 4,811 5,106 354 307 2,759 3,155 2,547 2,641 35,280 38,298 3,420 3,568 5,141 5,444 884 910 1,415 1,210 11,284 13,687 5,636 5,770 802 708 1,144 1,190 18,583 19,382 8,289 8,699 4,445 4,633 3,514 3,434 4,552 4,622 5,082 5,375 1,651 1,664 6,167 6,442 9,716 9,813 13,855 14,448 6,155 6,490 2,57l~ 2,618 368,000 382,000 365,484 379,386 5,527 5,737 5,962 332 345 358 3,414 3,548 3,683 2,859 2,968 3,084 41,451 43,028 44,718 3,862 4,009 4,166 5,892 6,116 6,356 985 1,022 1,062 1,310 1,360 1,413 14,814 15,377 15,981 6,245 6,482 6,737 766 795 327 1,287 1,336 1,389 20,975 21,776 22,532 9,415 9,773 10,157 5,015 5,205 5,310 3,717 3,858 4/10 5,003 5,193 5,397 5,818 6,039 6,276 1,801 1,869 1.342 6,973 7,238 7,322 10,621 11,025 11,358 15,638 16,233 16,970 7,024 7,291 7,577 2,833 2,941 3,57 354,000 351,576 5,317 320 3, 284 2,750 39,875 3,715 5,668 967 1,260 14,250 6,007 737 1,238 20,180 9,057 4,824 3,575 4,812 5,596 1,732 6,708 10,217 15,043 6,757 2,726 141,000 137,467 6,626 446 4,285 3,446 51 ,037 4,635 7,080 1,175 1,681 19,287 7,327 1,026 1,516 24,868 11,244 5,915 4,300 5,890 6,988 2,127 8,406 12,358 18,580 8,357 3,340 6,175 416 3,994 3,211 47,565 4,320 6,599 1 ,095 1,567 17,975 6,829 956 1,413 23,177 10,479 5,513 4,007 5,489 6,512 1,982 7,834 11,517 17,316 7,789 3,113 463,000 459,295 6,957 468 4,499 3,618 53,583 4,867 7,434 1,234 1,765 20,249 7,693 1,077 1,592 26,109 .11, 805 6,210 4,514 6,183 7,336 2,233 8,825 12,974 19,507 8,774 3,507 6,401 431 4,139 3,329 49,301 4,478 6,840 1,135 1,624 18,631 7,078 991 1,465 24,023 10,862 5,714 4,153 5,689 6,750 2,055 8,120 11,938 17,948 8,073 3,226 88,000 84,089 7,332 494 4,742 3,813 56,476 5,129 7,835 1,300 1,860 21,343 8,108 1,135 1,678 27,519 12,442 6,545 4,758 6,517 7,733 2,354 9,301 13,675 20,560 9,248 3,696 522,000 937,000 517,807 932,686 7,865 8,091 479 493 5,285 5,437 4,125 4,244 61,937 63,717 5,508 5,666 8,390 8,632 1,384 1,424 1,809 1,861 24,690 25,400 8,483 8,727 1,075 1,106 1,778 1,829 29,173 30,012 13,293 13,674 6,934 7,133 4,961 5,104 6,901 7,099 8,303 8,541 2,503 2,575 9,997 10,284 14,264 14,674 21,854! 22,482 9,855 10,138 3,912: 4,024 507,000 502,929 7,639 465 5,133 4,007 60,158 5,350 8,149 1,344 1,757 23,981 8,239 1,045 1,727 28,335 12,911 6,735 4,817 6,702 8,064 2,431 9,709 13,855 21,226 9,572 3,799 551,000 546,575 8,302 506 5,579 4,355 65,378 5,814 8,857 1,461 1,910 26,062 8,954 1,135 1,877 30,794 14,031 7,319 5,237 7,284 8,764 2,642 10,552 15,057 23,068 10,402 4,129 PAGENO="0375" STATE F.?. F.Y, 1987 : 1988 F.Y. 1989 F.Y. 1990 F.Y. 1991 F.Y. 1992 PROJECTED DEATHS OF VETERANS, BY STATE FISCAL YEAR 1972 THRU FISCAL YEAR 2000 (Continued) F.Y. 1993 F.?. 1994 F.Y. 1995 F.Y. 1996 F.Y. 1997 F.Y. 1998 F.Y. 1999 F.Y. 2000 F.Y. 1972 THRU F.Y. 2000 TOTAL GRAND TOTAL - - U.S. - STATE TOTAL - - Alabama Alaska Arizona Arkansas California-- -~ - - Colorado Connecticut Delaware District of Columbia - Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland - - - Massachusetts Michigan - * - Minnesota - - Mississippi - 556,000 561,000 551,537 556,227 8,377 8,456 510 575 5,630 5,857 4,394 4,479 65,972 67,862 5,867 5,922 8,937 8,987 1,474 1,472 1,927 2,097 26,299 28,291 9,035 8,964 1,146 1,303 1,894 1,895 31,074 30,964 14,158 14,237 7,386 7,397 5,284 5,215 7,350 7,348 8,843 8,936 2,666 2,697 10,648 10,772 15,194 14,953 23,277 23,315 10,497 10,557 4,167 4,158 563,000 558,206 8,486 577 5,878 4,495 68,104 5,943 9,019 1,477 2,104 28,392 8,996 1,307 1,902 31,075 14,288 7,423 5,234 7,374 8,968 2,707 10,810 15,006 23,398 10,595 4,173 565,000 560,188 8,516 579 5,898 4,511 68,345 5,964 9,051 1,483 2,112 28,493 9,028 1,312 1,909 31,185 14,339 7,450 5,252 7,400 9,000 2,716 10,848 15,059 23,481 10,632 4,188 603,000 625,000 597,874 619,009 9,105 9,438 603 563 6,271 6,688 4,824 5,000 72,963 76,875 6,3~2! 6;625 9,648 10,000 1,568 1,625 2,2~1 2,125 30,3C1 j 33,625 9,648 9,875 1,387 1,313 2,0~0 2,063 33,276 34,125 l5,3i6 15,875 7,9~0 8,188 5,608 5,688 7,899 8,063 9,588 10,000 2,894 3,000 11,58 12,000 16,l'0 16,313 25,085 25,875 11,336 11,688 4,~62 4,563 584,000 579,037 8,818 584 6,074 4,672 70,664 6,190 9,344 1,518 2,161 29,434 9,344 1,343 1,986 32,237 14,834 7,709 5,431 7,650 9,286 2,803 11,213 15,593 24,294 10,979 4,322 638,000 531,875 9,634 574 6,827 5, 104 78,474 6,763 10,208 1,659 2,169 34,324 10,080 1,340 2,105 34,835 16,205 8,358 5,806 8,230 10,208 3,062 12,250 16,652 26,413 11,931 4,657 645,000 638,817 9,740 581 6,902 5,160 79,335 - 6,837- 10,320 1,677 2,193 34,701 10,191 1,355 2,129 35,217 16,383 8,450 5,870 8,321 10,320 3,096 12,384 16,835 26,703 12,062 652,000 645,741 9,845 587 6,976 5,216 80,196 6,911 10,432 1,695 2,217 35,078 10,302 1,369 2,152 35,599 16,561 8,541 5,933 8,411 10,432 3,130 12,518 17,017 26,993 12,192 657,000 650,695 9,921 591 7,030 5,256 80,811 6,964 10,512 1,708 2,234 35,347 10,381 1,380 2,168 35,872 16,688 8,607 5,979 8,475 10,512 3 , 154 12,614 17,148 27,200 12,286 665,000 676,000 658,496 669,374 10,1081 10,275 665 676 7,249 7,368 5,387' 5,476 82,660 84,027 7,116 7,233 10,574 1 10,748 1,729 1,758 2,394 2,434 37,972 38,600 10,374 10,546 1,530 1,555 2,195 2,231 35,910 36,504 16,891 17,170 8,645 8,788 5,919 6,016 8,446 8,585 10,640 10,816 3,192 3,245 12,768 12.979 16,958 17,238 27,398 27,851 12,369 12,574 4,867 685,00015,188,000 678,300 15,058,601 10,412 228,979 685 14,564 7,467 155,051 5,549. 120,520 85,1461 1,813,236 7,3301 160,564 10,8921 243,105 - l,78l~ 39,986 c~ 2,466 54,666 39,114' 743,072 10,6861 245,765 1,576; 33,397 2,2611 51,399 36,990 8.42,414 17,3991 386,475 8,9051 201,357 6,097 143,291 8,700 199,585 10,960 241,686 3,288 73,211 13,152 290,612 17,463 410,696 20,222 634,133 12,741 285,941 4,932 113,034 Page 2 of 4 pages. 4,709 4,760 4,796 4,788 PAGENO="0376" PROJECTED DEATHS OF VETERANS, BY STATE FISCAL YEAR 1972 THRU FISCAL YEAR 2000 (Continued) STATE F.Y. F.Y. F.Y. F,Y. F.Y. F.Y. F.Y. F.Y. P.Y. F.Y. 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 F.Y. 1982 F.Y. F.Y. F.Y. 1983 1984 1985 F.Y. 1986 Missouri 7,617 Montana 1,144 7,840 8,163 8,486 8,809 9,154 1,169 1,217 1,265 1,313 1,365. 9,395 9,738 10,081 10,584 1,382 1,432 1,482 1,556 11,156 1,640 Nebraska 2,170 2,150 2,238 2,327 2,415 2,510 2,531 2,623 2,716 2,851 3,005 Nevada 778 New ...npshire - - - - 1,215 763 795 826 858 891 1,278 1,331 1,383 1,436 j 1,492 935 969 1,003 1,053 1,553 1,610' 1,667 1,750 1,110 1,844 New Jersey 12,499 13,183 13,726 14,269 14,812 15,393 15,986 16,569 17,153 18,008 18,981 New Mexico 1,627 1,817 I 1,892 1,967 2,042 2,122 2,217 2,298 2,378 2,497 2,632 New York 30,104 30,089 31,328 , 32,567 33,806 35,133 : 35,389 36,680 37,972 39,866 42,018 North Carolina - - - - 6,332 6,552 6,822 7,092 7,361 7,650 North Dakota 849 908 946 983 1,020 1,061 7,921 8,210 8,500 8,924 1,089 1,129 1,168 1,227 9,405 1,293 Ohio 18,112 18,942 19,722 20,502 21,282 22,118 22,716 23,545 24,374 ` 25,590 26,971 Oklahoma - - - - - 3,974 3,953 4,115 4,278 4,461 4,615 4,718 4,890 . 5,063 5,315 5,602 Oregon 3,679 3,871 4,030 4,190 4,349 4,520 4,701 4,873 5,044 5,296 5,582 Pennsylvania - - - 21,048 21,733 22,628 23,523 24,418 25,377 25,817 26,760 27,702 29,084 30,654 Rhode Island - - - 1,545 1,483 1,544 1,605 1,666 1,732 1,725 1,787 1,850 1,943 2,048 South Carolina - South Dakota - - Tennessee - - - Texas Utah - - - - 3,101 3,167 3,297 3,428 , 3,558 3,698 ` 1,014 996 ` 1,037 1,078 1,119 1,163 5,707 5,907 6,150 6,393 6,636 6,897 16,154 I 16,508 17,188 17,868 18,547 19,276 1,556 1,584 1,648 1,714 1,779 1,849 3,784 3,922 ` 4,060 4,263 4,493 1,171 1,214 1,256 1,319 1,390 7,130 7,390 7,650 8,032 8,465 19,774 , 20,495 21,217 22,276 23,478 1,878 1,947 2,015 2,116 2,230 Vermont - - - - - 672 723 753 783 813 845 880 912 945 992 1,045 Virginia 6,438 6,456 6,722 6,988 7,254 7,538 7,737 8,019 8,301 8,716 9,186 Washington - - - West Virginia - Wiacons~n - - - Wyoming O~SIDE U.S. - - 5,613 - 3,089 - 6,957 625 T~AL - 2,324 5,752 3,211 7,367 659 2,325 5,989 6,226 3,343 3,475 7,671 7,974 686 714 2,424 2,516 6,463 6,716 3,607 3,749 8,277 8,602 741 770, 2,614 2,720 6,951 7,205 7,459 , 7,831 8,254 3,805 3,944 4,083 ` 4,286 4,518 3,889 9,213 9,537 , 10,013 10,554 793 822 851 , 894 942 3,290 3,410 3,533 3,705 3,911 11,553 :11,895 12,237 1,683 1,733 1,782 3,068 3,159 3,250 1,162 : 1,197 1,231 1,935 1,992 2,029 12,556 1,829 3,385 1,263 2.103 19,734 2,753 42,666 9,774 1,345 20,318 2,835 43,928 10,063 1,384 20,902 2,916 45,191 10,353 1,424 21,447 2,992 46,369 10,622 1,461 21,796 5,793 5,850 31,374 2,059 28,618 5,964 6,023 32,302 2,120 29,640 6,136 6,196 33,230 2,180 30,208 6,296 6,357 34,097 2,237 4,634 1,421 8,825 24,271 2,286 4,771 1,463 9,086 24,989 2,354 4,908 1,505 9,347 25,707 2,421 5,036 1,564 9,591 26,327 2,484 1,100 9,490 8,613 4,637 10,984 973 1,132 9,770 8,868 4,774 11,3o~ 1,002 1,165 1,195 10,051 10,313 9,123 9,360 4,911 5,040 11,634 11,937 1,030 1,057 4,071 4,193 4,314 4,425 CAS Page 3 of 4 pages. PAGENO="0377" PROJECTED DEATHS OF VETERANS, BY STATE FISCAL YEAR 1972 THRU FISCAL YEAR 2000 (Continued) STATE F.?. 1987 F.Y. 1988 F.Y. 1989 P.Y. 1990 F.Y. F.Y. 1991 1992 F.Y. 1993 F.Y. 1994 F.Y. 1995 F.Y. 1996 F.?. 1997 F.Y. 1998 F? 1999 PY 2000 2000 TOTAL Missouri Montana Nebraska Nevada New Hampahire - - - - 12,670 1,845 3,365 1,275 2,122 12,739 1,839 3,347 1,289 2,154 12,784 1,845 3,359 1,294 2,162 12,829 1,852 3,371 1,298 2,169 13,257 13,688 1,927 1,990 3,5O4~ 3,618 1,343 1,387 2,219 2,291 14,125 2,000 3,625 1,500 2,375 14,419 2,042 3,700 1,531 2,424 14,577 2,064 3,761 1,548 2,451 14,735 2,086 3,782 1,565 2,478 14,848 2,102 3,811 1,577 2,497 14,963 2,128 3,791 1,596 2,527 15,210 2,163 3,853 1,622 2,569 15,413 2,192 3,905 1,644 2,603 345,521 50,067 91,170 35,303 57,679 New Jersey New Mexico New York North Carolina North Dakota 21,641 3,019 46,790 10 719 1 475 21,760 3,049 46,179 10 795 1 490 21,837 3,060 46,343 30 833 1 495 21,915 3,071 46,508 10 872 1 500 22,659 23,396 3,154 3,256 48,063 49,627 ii 213 11 578 1 577 1 628 24,250 3,375 50,563 12 000 1 625 24,754 3,445 51,614 12 250 1 659 25,026 3,483 52,181 12 384 1 677 25,298 3,521 52,747 12 518 1 695 25,492 3,548 53,151 12 614 1 708 25,736 3,591 52,868 12 768 1 796 26,161 3,650 53,742 12 979 1 825 26,510 3,699 54,458 13 352 1 850 589,415 81,906 1,267,940 292 256 40 287 Ohio Oklahoma Oregon Pennsylvania Rhode Island 30 482 6,353 6,415 34,406 2,258 30 451 6,383 6,516 34,152 2,211 30 570 6,406 6,539 34,274 2,218 30 678 6,429 6,563 34,396 2,226 31 711 6,658 6,774 I 35,566 2,278 32 743 6,874 6,995 36,723 2,352 33 563 7,063 7,250 37,563 2,375 34 261 7,209 7,401 38,344 2,424 34 637 7,289 7,482 38,765 2,451 35 012 7,368 7,563 39,185 2,478 35 281 7,424 7,621 39,486 2,497 35 312 7,515 7,783 39,368 2,394 35 696 7,639 7,909 40,019 2,434 36 374 7,741 8,015 40,552 2,466 826 917 173,504 375,385 932,546 6O~586 South Carolina - - - - South Dakota Tenneasee Texas Utah Vermont Virginia Washington West Virginia - - - - Wisconsin Wyoming O1~StDE U.S. - TOTAL - 5,082 1,558 9,678 26,616 2,507 1,206 10,407 9,445 5,085 12,045 1,067 4,463 5,093 1,556 9,789 26,703 2,488 1,228 30,432 9,558 5,083 12,158 1,066 4,773 5,111 1,561 9,823 26,798 2,496 1,233 10,470 9,592 5,101 12,201 1,070 4,794 5,329 1,567 9,858 26,893 2,505 1,237 10,507 9,626 5,319 12,245 1,074 4,812 5,334 1,635 10,162 27,798 2,570 1,285 10,862 9,928 5,314 12,673 1,110 4,963 5,487 1,688 10492 28,703 2,653 1,327 11.216 10,251 5.487 13,085 1,146 5,326 5,625 3,688 10,938 29,750 2,688 1,375 31,625 30,625 5,625 13,500 1,125 5,991 5,742 3,723 11,165 30,369 2,743 1,404 11,867 10,846 5,742 13,781 3,148 6,125 5,805 1,742 11,288 30,702 2,774 1,439 11,997 10,965 5,805 33,932 3,161 6,383 5,868 1,760 13,410 31,035 2,804 1,434 12,127 11,084 5,868 14,083 1,174 6,259 5,913 1,774 11,498 31,273 2,825 3,445 32,220 11,169 5,933 14,191 1,183 6,305 5,919 6,016 6,097 138,321 1,796 1,825 1,850 42,413 11,571 11,762 11,919 264,559 31,588 32,110 32,538 726,951 2,793 2,839 2,877 67,423 1,530 3~555I 1,576. 33,209 12,303 12,506; 12,673 284,193 11,372 ll,560~ 11,714! 258,158 5,985 6,084! 6,165: 138,848 14,431 14,669 I 14,865: 328,777 3,197 3,217 1,233 28,530 6.so4j 6,6261 6,700 329,399 Page 4 of 4 pages. PAGENO="0378" 374 APPENDIX III Financial Burial Benefits By State* 1971 ALABAMA L'nteas otherwise designated, cit&tioisa are to Code of Alabama, 1958, and IaleBt supplements Typo of law IVoumd . Citation lluraiallownrceo andJ DuthL-3rnonth5'pen,1000fter dcath of Confederate pensioner niay [~~oOG. I 35. Four widows of Confederate veterans died during l970-.ort whose behalf payments were made. Each was getting a state pension of $150 monthly; so, under the formula, a payn~nt of $450 was made towards burial expenses of each deceased, totalling $1,800,. ARIZONA Unless otherwiso designated, citations are to Arizona Revised Statutes Annotated, 1956 Burhii al!owance.a and Burial-County allowances for burial of indigent veterans or their H 11-311 to 11-313. alikel bnelit.~. widows. Burial rosy not be In potter's Sold. l!cads!ones.-Costnty shall apply to the United States for a suitet~[~ 11-~i2. hradatonc and hove tieudvtone net in place. Apparently, no payments were made during 1970. *States not listed do not provide benefits contemplated PAGENO="0379" Burial-Count r ilinwunce for boriut or cremation of indigent veterans or their wido~vo. Burial may mt. is In pottcr'o field. Genre Core.- Maintenance of ooldkro' graves a county charge. Cities and counties authorized to murk ad maintain graves of servicemen with consent of officers srho manoge cemetery or burial place. !leadslones and markers-The county clerk is required to apply to thn United Staten for a auitablo headstone. An allowance in made for setting the atone In place. Veterans graven are to be kept property marked and identified. COLORADO Col.cado Revised Sualu(e~ Burial-County allowance up to S50 for burial of indigent veterans. Burial tot to he in cemetery uncd exclusively for burial of pauper dead. ltelativcs or friends may conduct tire funeral. Burial grounds-Thu State lv authorized to acquire and maintain burial gronndr, the management and control of which is vented in certain veterans' organizations. No chargo shall be madn for burial apace In such grnundv. - Veterans, their wives, widows, and mothers who were residents of the Colorado State Veterans Center may be buried In cometery of the center. Itearlsloncs.-County sUowance up to $20 for headstones for graves of ...mndigcnt anldiers. With half the counties heard from, there were no expenditures made during 1970 for the purposes indicated. 375 CALIFORNIA Type of law Burial allowuren and allied benefits. Itdsumd Citation Mu, and Vets. Code, H fiB), 940- 1150. Irtil. amid Vets. Code, H 941), tIll))-. 1)62. Mil. and Vets. Code, H 048, 060- 1)02. Under a 1945 ruling of the California Attorney General, these State benefits are not available if there is a Federal burial allowance payable. Not all counties responded - - but a representative sampling reflects many with no activity; Los Angeles County (the most populous in the State) paid an average of $250 each for eight peace- time veterans, for a total of $2,000 during 1970; San Francisco County spent $1,000 on four cases. Bmmriul atlow.oceu and allied iseaemits. CR8. (1903), 144-2-1, 144-2-3. CR8. (1903), 144-2-4 to 144-2-0. C.R.8. 1963, 144-.1_4,l441-9 CR8. (1983), 144-2-2. PAGENO="0380" The term "veteran" as used In the General Statutes means any person honorubly cli.'.charged frees services in tIre Armed Forces. Definition for clad uvrvice purposes Veterans svho served in Armed Forces at any time between Jon. 1, 11164, nod ouch date hereafter to lee determined by the U.S. Govern- meet us tire date of termination of the Vietnarms era, for a period of 00 days or more, and who at time of roteriug ouch service bad been domiciled in Connecticut for at least 1 year, shall be pai(l SlO for each month of active service or major part thereof, rendered betsvecn foregoing dates with maximum payment of $300. if veteran dies in crrvice while in the coume of, or as a direct result of, the performaace of his duly $300 shall be paid to his curvivors, Burial-State allowance up to S150 for burial expenses of indigent veterans; burial may not be in cemeteries used exclusively for burial of pauper dead. - Firiug oulslee.-1tight to have a firing squad from the NatIonal Guard, Naval Militia, State Guard, or the Organized Militia attend funeral of a veteran. Care of graves-Committees in cities and towns to be appointed to pro- vide for care of graves of veterans. - Record of graees.-Ilegistrara of vital atatlstics to report to State lil,raria,z no burial of veterans. Recerd of groves-The State librarian may cause to be located and permanently identified the graves of all ooldiero buried in the State. Headstones and markers-Cemeteries may not prohibit the erection of a headstone provided by the State or otherwise for veterans' graven. - Veterans' Home and Hospital Cotonission is required to fur. irish headstones, at a cost not in excess ot~h for graveo of veterans. Veterans' home and Hospital Cotrrmisuiod is required to farnioh upon application a metal marker arid a flag bolder for grave of any person who nerved in tire military oa-aavai forcec of the United Staten in the Itevolutionary War. ...: Mnrk,-eo or lrva.1~toi,rs strati br i-reeled iii a error cry or public Germ. Stat. (1058), 88 27-120, 27- lie for veterans buried alsrood or misissing. A memorial etone to 121. ` several ouch veterans tiny be erected in lien of. individual nsarkern. a. burial allowanceclaims number 926 average cost $149.21 total cost $138,165.71 b. headstone claims number 2;195 average cost $48.72 376 t~ONN~CT1CUT Type of law - Rfisuixmf ` Citation "Veteran" dehired hocus Burial nllowasceo and allied benefits. Con. Stat. (1958), 27-103. Ceo. Stat., ((5-224, 1067 sessIon, 7-415 (PA. 688, 1959 cession). Cm. Stat., {( 27-140a to 27-140m; 1'.A. 425, 1-13, 1067 cession. Ceo. Stat., 27-118. (PA. 604, 1007 orosion). Ceo. Stat.., 27-70. (PA. 107, 1967 cession). - Cen. Stat. (1058), 27-123. Con. Stat. (1058), 7-77. Con. Stat. (1958), 11-2. Gm Stat. (1958), 19-160. Con. Stat. (1958) 27-119. (Pa. 170 l~b9 oession) Ccx. Stat. (1958), 27-hOe. total cost $106,938 PAGENO="0381" 377 DELAWARE Code Annotated (1953) `ry~c at ~ - Rdsumd Citation Iturial allowauceo and DursaI.-,.lIou.nce of $125 for itinerate for nervicemen who were Code Ann. (1053), 20-122, 20-903 tilled b~ucfi1o, killed in action or who dkd while overueno and whose bodice were retnrte(l tO State for burial. i4t~t~ allowance of SISO for proper Interment of. IndIgent Code Ann. (1053), 20-001, 002. veterans. On behalf of five indigent veterans, $150 was paid for interment of each, for a total of $750. IDMIO. Burial allowances and BuriaL-County allowance up to 1 for burial of Indigent veterane Idaho Code * 31-3411. allied benefits. aijil their spouses. itelatives or friende may be allowed to conduot funeral. Apparently, no payments made. PAGENO="0382" 378 iLLINOiS IIEVISED STATUTES, 1968 J,.r:.-c.r.rty loris are rrquircd to provide en niloevanco sip to .1ev. Stat. 84, {~ 6201 to 6203. iii to appoint eurtairle pcrnoos to have charge of the burial of vi crisis, their mothers, fathers, wlvco, widowo, or minor I) I ltscscc gidgacotace tIgbl JI:~isl yerissrcls.-Cemctcry Iota belonging to certain veterans' orgoniza. 11ev. StAt. 32, ~ 395 to 300. Ions, herenir.e thic property of the municipality op disoolotion of tho ,poizatisn. Duty of the municipality to enforco ctntracta (or the * -- Counties may acquire grounds for the burial of indigent vet- Rev.Stat.. 34, ~ 6204 to 6211. rress, heir mothern, wives, or widowo; $75 (out of county soldiers' * aid erilors' burial fund) shall be ~llowrd for corh euch burial. liens! pennils.-tndcrtukers are requis'cd to prepare certificates of bar'. Rev. Stat. 111~s § 73-18. hal of U.S. war veterano. Gravc rcgislrorton.-Itcgistre.tloo of burial places of soldiers sod sailors Rev. Stat. 111)~, 73-18. in accordance with publlo health reg~lationa. Gru;-c rc,is:nulian.-Tlic lilirois Veteran? Corrmisoion shall ma1nt~In a 11ev. Stat. 21, §~ 59s to 600. record of :11 vcterasa buried in tire State. Veterans' organizations are etiorized to rid in collection of date. JLede:..ea.-.h ceereecry association any not prohibit the erection of a 11ev. Stat. 21, 40. :r:onurr.ert or headstone prescribed or provided by the United States or ttrC Stree for a vclcrorr'n crave. * - Cosatien nay provide hre:,dstones for veterans' graves 11ev. Stat. 34, §1 6203, 6204, 621 -- `fire aderirriatrotor of tire lhlirirris Veterans Commission ohmahl 11ev. Stat. 21, §8 StIrs, 5001. `race reeioiaitinns on the Federal Unverarnent for headstones and m:rr:ers, and provide for tire ortting up of ouch. Nntir.tiaI ccrrtterir4 may receive Ft'slerisl granhsfor meinorirsi gmttwsys, 11ev, Slat, 81, fl `ISis, 65, tIC. a. grave marker claims number 4,856 average cost $15 total cost $72,840 b. burial benefits for indigent veterans and their dependents (statistics obtained from four counties, representing more than one-half the State population, not projected to include all State activity) number 44 (only three veterans) average cost $172.90 total cost $7,609.60 PAGENO="0383" Number of cases now known, but total cost is approximately $950,000 iów~~ fldsumO L"wis!.-Conn tv allowance up to S200 for burial of indigent veterans, tl,':ir wvv, whiows, or ,niitar chsldren. Burial may not bo in l'otl.er'a ill (arm net l's ~`irtoans). (state care an'i rcyh~1rutisn.-Provjstoa for csrc of soldicru' graves at eatotty exp.nec if provision for care has not otherwise been Ic. - `fits a'ljtttant general is rcquircd to mxkc and pre.'ervc by c'tu:ttte.~ apw:nttnent rcgistry of the gravcs of persons who nerved iii - `list soldiers relief cotoininsion Is each cnunt.y must occuro tho iofnrntatinn requested by the adjutant general's otlice of every cmos h;ving a service record end buried within the county. Such in orma- tiou sistli he recorded alphabetically and by description of location in the cezoetery whrrc buried, In book kept for that purpose. Jltodetoncs and snarkcrs.-Counly allowance up to Sb is provided for hctarlst,aaca and inntal markers ~Qr memora~ purposes (now includes (statistics were obtained from five of the 99 counties, representing 28% of the population, and projected to include all State activity) a. burial allowanèe number 39 average cost $182.89 total cost $7,132.72 b. headstone or marker claims number 1,668 average cost $2.93 total cost $4,882.04 fy~,, of law iltiritil ;,llswt,t,ets and allied bt'n'dits-Cun, 379 Citation iburial nlbowanc,'n and allied benefits. II. `,d4,,er~ end tourism. - Cent,' I,'rv ssnbltoritima tiesy tot. comic the 19111 ]trislacessent, U 21-011, ~`bting UI, of nnris'ra fot graves of veIeran~ providt'd uneit markers 21-912. contorts to standard natbera furniatmd by the Boiled Ottitcu. (.e~trIery carporuttons,-Coiporate tniat";tee nay be extended wts'ro s 19114 ltc'plscctnent, U 21-107 to c'snwt'try contains rvtnains of persons ssIio served is bItt' ,`ariued 21-1 I~. INDIANA BURNS INDIANA STATUTES Burial-County allowance for burial of veterans, their wives or widow,, 1901 Rep1acemnnt~69_1oog. ~ 1961 Replacement, 59-1013. permanent rr~tatry of war veterans graves, War service lnformaUg,n in required to a nscludud on burIal permits. Citation code (1060), (1 ~00.1, 200111. Code (1006), (~ 206.17, 250.111. Coda (1006), 2t)A,12, Coda (lull), * 250.10. Coda (11)66), ~ 25014 to 2.50.16. PAGENO="0384" KANSAS steno otherwise indicated all citations toter to ICarsai Statutes Annotated 1064 nod In legislation enacted by the 1967 Session of thu Kansas Le~iulature, effective Jane 30, 1067 Civil Wor.-Allosvuuco up so 5103 for burial expenses of needy Union veterans and their wives or widows; burial not to bo in ground usod for p:,uptr dcad. S~xoss1,-,l vicrzcsn lltnr.-Phtlippine Insurrection, China Exp~ditien World \Vars I sad II, Xorc~a conflict, and ouch siexitnr actions. Al. bounce up to $300 for veterans, ultounco, end parents dying without ositlicient means to defray funeral eupetcues plus $70 cemetery cx- r.cnsts. No burial in ground used for paupere. Relatives tony coaduot tuocral. Inmates of chnrilut!e insliluiions.-Veterann of wore In which thn United Stales sssx enguocid, including the ICorcan conflict and members of thu lSth and 10th ICcinsos Cavalry who die whilo inmates of ehnritabln institutions nhsill not be buried in institution cemeteries unless they had so requested in writing. State boned of ehsritsblo institutions oltall provide for burial in regularly chartered cemetery or spccial vctcrntts cetoetery. Headstones nod rcsovkere.-Allosx'anco of $20 for headstones for Union veterans of the Civil \\`ar. Metal grave maricero, not to exceed $5, may be provided for veterans ittclctditsg persons orbs nerved in the Korean eonfliet._ No payments made. Type of law Ilurial oltowsoces and oiliest benclits. KENTUCKY Revised Statutes, 1963 ltdnumd Citation RurisL-Allowatice up to $100 for burial expessoes of Confederate pen- KItS. (1083), 205.090. No payments made. D..rict.-S:.to atlocssneu of 5230 for burial of isdigent veterans or their widows. Ilurist may sat be in l'otter's iield. Cities and towns tcsuy uy (or the burial acid be r. rnberced by oh: Dupartmcnt of Veternns' yersicex. Any veteran n.y be buried in ,\Iaiciu Veterans Metuorial Cemetery. Grove care nod rcyislrulfor..-Csre of graves of veterans bocatcd its ancient or public burying groends. - Musicipc.liticu are required to decorate veterans' groves on 30 of itoh year. 380 trial allowances and allied benelits. ~73-30l, 73303: *~ 73-304 to 73-300; bob. ~30-713. 73-917. * -. " 73-302, 73-303. 73-430. MAINE Tyae af lus~' 16i.sumi Citation -. ltrv. Stat. (133l), title 37, 103, 151, 1000 l'ooket Parts, thIn 37, Cli. 2, ~2l-2S. Roy. Stat. (1004), titlo 13, 1101, 16cr. Stat. (1064), title 30, 3602. No payments made. PAGENO="0385" 381 MARYLAND Unfe.ss othiro se slated off citnhion~ refer to the Annotated Code of Maryland, 1957 lire,!.-.! -ti-etc. ri-fit-f f ow I to:iv t~tos to ftroci.f , ,ecccr' ry ftt,!rral Aol. 116)1. § 4. * `-a~o-i.,-. of o'h~-iif ti-I-ratio, it fitri liii 01) (ii vt vital! Iv b-co flout t/ttf(f. )`ts,wtlf,ttit't'j,tls I, harts! jrs,,,,,Io.-U tot `-is it-ar f',)j,,f J,)~o "filch teas eafabf!af,r,t Art. ff6, 1ff. for i, `-ri-said (. tr,f,sl-c.ilc prNo:o-ro of fIo~ `em f l,ottkoitf l'riw,tt, It) b/S. (~os-ero! nt far itirpoc of ito tcrl,ettt:,l care. * Groat-u cc oct retj/alrofwn .-1-l'f)c Maiviattif \rf5rot,s' Cott,,ttjtiott thai! Art. 06)1, 6. owl: titi pr.-.- ccc a for toalo-o registry of the grasce of off pecool,- wf,o sir,! to bc totfttary or tiuval forrro of the Uoitrd Stufes in time of stir, tail clot *rt- ftttrit',f in ftc Sfafc of Moct-f,tti,f. lltriul.-Aoy eotpfoyeo of a city or town who is vet~rtin tony, wheo atttfiorioed by thc mayor or oelcettoen, atteod tho funerol or meotori at cervices of a Veteran witfiout low of pay. ])ottcs of borial agctttn in cities ond towos A pccmit for tfic burial of person ltootco to have bceo o vctcron wif 1 not be tssocd outS on nflidavit giviog certain inforosotioo ins beco filed with the board of health. Somtt ace allowed for b/to burial of iotligcnt veterans, odttlt doiwttdcots, tcivcs, widows, or dependent children. B aria shall not win a potter'o gravc. ltcl:itivr.n may cootloct thin futiectif. Deaf/i ccrluJicufes.-Death certificates ohs!! oat forth the military record of the decedcot. Dinseclion of bodies-The dead bodies of veterano may not be turned over to nsedietl schools for dissection. Grove cure and regielralion.-Cities and lotion may oppcopriatc tooney for tIm caro nod decoration of gravcu by veteratto' organizations. - Cities and towns m: / npproprlate moocy to ho eopeoded for the care of veterans graves. Tim duty of putting flogs on veterans' graves is upon the city and town wbcro the cemeteries nra Ineatad. IfCud8lends.-Citiea md tosvnn may appropriate money for erecting headotottee at ooldie.ee' graves. a',-, liii, On behalf of 10 indigent veterans, $100 was paid for burial of each, for a total of $1,000. MASSACIIUSliTTS Typo of law * IJuiAiiFiillowaticeo and al- * lied bonoflut. 1t-dsutuf Citation Ch. 41, § 1UC. Cit. 115, H 7-8. Cit. 114, 46A. Cli. 115, 1* 7-8. Cit. 46, H 1, 10. Ch. 113, § 2. 1ff 59 Pocket Port, oh. 40, * 5(12). Cit. 115 § 0. 1059 Pockot Part, cit. 40, 5(12). Burial benefits for indigent veterans and their dependents: number 263 average cost total cost $229.15 $60,296.95 1i.~ PAGENO="0386" 382 MICHIGAN Michigan Statutes Annotated, 1530 cditioe Typo of law Rdsumfl Citation B It w en d B 1-C 11 p t 51fl0 y b p 1 d I t 1969 J~ v 1 M4 1321-4 1324 allied bencflt~. their wives Sr widows, whoso estates do not exceed S15,000 including veterans of Victnxsn conFlict. - liresniss of war veterans rony is disinterred (or rcennvat to 1 9~9 flcv. vol., §1 4.1341-4.1344. ~ o Relief Corp Auxiliary to th~1963 Rev. vol., 5 21.1037. bpanlnh War ve~T ~ecsr.?icon~t~ ~ g1~5Uniteei Iiceodelosr, and markers -Municipalities nay furnish, at puhlic expense, 1969 Rev. vol., 55 4.1351-4.1352. metal markero (or noldicro' graves, to mark graven (or nietnorial pur- _!.._Deotroying, defacing, or carrying away without authority any 1969 Rev. vol., * 4.1353. marker, or memorial flag placed at the grove of any veteran for memo- rial purposes is doctored a misdemeanor. - The county ohall apply to the United States for a ouitabto head- 1969 Rev. vol., 55 4.1323-4.1324. stone nod ohratl have the headstone oct in place. 1970 statistics were obtainable only from Wayne County, which contains 1/3 of the State's veteran population. The reported 1968 and 1969 expenditures, however, reflect Wayne County accounted for 487a and 677n respectively, of the State total. Projecting these factors, gives the following results for the $300 burial allowance. (Wayne County reported 2,275 cases at a cost of $682,500). 1/3 -- 6,825 cases costing $2,047,500 4Th -- 4,840 cases costing 1,452,000 6Th -- 3,395 cases costing 1,018,500 Wayne County also reported erecting 636 headstones at $35 each, for a cost of $22,260. No projection has been made of this item. PAGENO="0387" MINNESOTA Statutes Annotated iisati:ol.- Stat, lusvneerof 5Itttl for tn,rott of ltd ~ It trw 2,,icstJ.mJ1j o ~jot.tn-r'nTteht. lirlatives or ,woradeo of the doct'a'cd Repealed may la~ nit `tilTs enndvsnt.-ttto funeral. Alto svaiico is made for a hag fa,rObch such veteran. Burial fro'l,'1o.-I'owcr of coonttes to establish a "soldier's rCbt", h 375.36-376.38. aitnoot upprnpriatioo wtt,orined for expersts. i'rovision is roade for a t,tiriaf tot near a State hospital for the §~ ltt7.50-197.52 lfepealcd by insane for burial of certaio indigent veterans dying to such hospital Laws of 1995, c.43, ccc. 73. or to that vicinity, nod of os ivrs or widosvs of such veterans. -- Duties of cbrnn,issionrr of veterans' affairs, regarding prrscrva- 1967 Cum. Pocket Part, § 196.05. lion of rarmnntnt rtgistr of graveo of veterans, administration of bows relating to bttriat, placing headotonrn, and providing mothers A~tttories of public cemetery meliorations shall report to com- missioner of veterans' affairs theburial of veterano. Grave core o,t,l regietrahion.-Cities, villages, nod towns ore rcqttired to 383 bort:,I :,tle,sc:,,,er. md allied benefits. Type of law I'tiasttttd 1967 Curo. Pockct Part, § 306.03. 468.61. Citation l,tri:ml :mttsssasce ,,md altcd i,,oetits-Co,t. Co mittius nay alit" apriate ftt,ids foe tt,e hot, rove,tmest mud ,,aiate~wi,ce of atmaumdancd come terica cnt,tainlu g time remains of star 1967 Cttio. Pocket nubdmv. 1. Part, § 306.243, Ii dl d / -Il f tea to ft t,iPfrislm...lia,l.t.o,,cs if on sttccesfnl jo-e-brretiiiii~ stunt from fctm~t gss,rm,,,,NTrIewandigeu,tveterDus. State a~' pay ~, to Slit for ustat- ~ Repealed §~ 107 23 127 24 2,564 markers at $1.95 each, for a total of $4,999.80 MISSISSIPPI . Code, 1942, Annotated; Ilecompiled, 1956 . Typo of law -~ -. flSa,,nmit ~ -. Citatbon flurial allowances and boncfit.o, .fiurial.-Coutttirn may donate money foe burial of timdigeat Confn'terato 2998(a). Gr~vec,mrc~-Co,s,ties may donate irtoney for the location, marking, § 2098(b), (b-i). care, and tnaimmtet,ance ofcr;mves of Confederato dead. Three widows of Confederate veterans died, each was receiving a pension of $27.50 per month. Under the formula a payrncnt of $165 was made towards the burial of each, totalling $495. PAGENO="0388" Typo of low 13n&ialnllownscee ond Extends burial affowuoce to any fiuale rtsil,iitof the Moutoos Vet- croon' Ilornc. Title cxtcods the lotte lit to the wivca or svofowa of vet- crane who arc rroideuta of the Mooteos \`ctrraos home. 1! cudnfoncs.-T hr county clerk chaff apply to the U.S. Govcrorncat for noitobic headstones to he placed at groves of vet-rena. lleodsloncs.-Thc fco paid by the clerk of the boerd of county coin- cwtsge and octtin- of the headstone for a vctcroo grave no provided by the U.S. Goocrnmcnt, wits inercaocd front $10 to S20. a. burial allowance number 1,094 average cost $250 total cost $273,230 b. headstone or marker claims number 730 averagn cost $18.72 total cost $13,662.55 Typo of law -~ ltdsum~ Citation NEL'ftASllA flcvincd5lalules si Nebraska, 1543 Burial allowances and Eurthl.-Calinty allowance is provided (unlimited) for burial of Indigent R.R.S. 1043, 80-104. allied benefito. . veterans. 13 trial missy tot be in pauper's grave. Itelativeo osay be allowed to conduct the funeral. * Boria! grounde.-l'rovision for veterans' burial ground in Wynka 11.51.5. 1043, §~ 12-104 to 12-105. State Cemetery. l'owcr of certain veterans' organioatinnn with * rofcrcnco to control of such burial ground. 30 burial allowances, average cost - $400 total cost $12,000 ($6,000 paid by State and $6,000 paid by counties) 384 MONTANA Citation Em', Cost-c, 1017, ~ 71-120 to 71-131. 16ev. Codvo, 1847, 71-120. 11ev, Codes, 1017, § 71-123. 11ev. Codes, 1017, 8 71-123 1065 Cumolotivo Pocket snppL PAGENO="0389" Citation Darial.-Stale allowance (or burial of italigest veteraos._. lISA. 193: 19, 17 18. `-.Payznciit of allowance directed to fuocral director in charge of R.SA 165: 16 -World War I vutewsfl erifefinril SA 165:17 Extruded to vetetatta of Vincent conflict. RSA 165: 17 Grave curc.-l'usves 1n05 appropriate money to certain vrtcrisno' PA §31:4.XI orgialdiounions for decorating graves of soldiers oo~ Memorial Day. Bodies of veterans shall tot be surrendered for scicotific studs lISA., § 291: 3. 6 burial allowances, average coat $10'), total cost $600. 385 NEVADA Itcvised Statutes, through 15t7 13 a of I.e Rdstinsf, Citation :llosr.,:iccs and lid i,sOruit~. liuri:f.-Any Grail ~\nosy peat on L'ui:cd Spanish War Veterans cutup ~rf.,ch f:irntohss burial expeonaC to odigcnt es-sotdier, seithto thu Ststc oSull ho cr.fitle:1 to an allowance by tue enmity of from $23 to No payments made. NTIS., 410.010. . ,~ NEW I1AMPSHIItE . Revised Slntutcs Annotated, 1955 Typo of law Burial altoseaices and allied beoefitn. PAGENO="0390" NEW JERS1~Y New Jersey Statutes, Annotated (permanent edition) ltdnurod L'urzut.-Cotcnty oltnw:cnee for the buri:cI of indigent vctcrcsna. Burial nay not be in pip er's grave. Buriel grounclw-Couotice may acquire burial plots for the burial of indigent veterans and provide (or maintenance of name. Burial ercccrcds.---stunccip:clctiee Inn appropriate money (or moiotc- ion cc of certain cezoctrries where hlevclctinn:cry ooldivrn are curied, cud they may contract with certain rocicties aod associations for Icc care of ouch grounds. Croon care O~cc! rrycolrolion.-Tlcc nnhcervicor of veterans' interment in to decorate graves of veterans on Memosriccl Day; county to bear ~-~-Maiuctnonucce of records of veterans' graves by time county o ipervmuor of veterans' interocerct. Provisions node for lice c:cre of neglected graves. - Cectd ceo tons to county supervisor of veterans interossot of time caine of cacti dm,cmasmd veteran icr wlcnnm a death cercide:cce can income instinct Icy tlce Slate dricarmcmecmt of haalih, or icc cases where iodine tire Crane tcnrtrd into time State for bccrial nice otteero in charge of thin eeiOetorcmsa or ccucdmrt:ckrrs, alcott certify tlcce record. Jleodoteero.--County alto enact cc may be otade (or lceccdstonro for grave-a of cotchiern. a. funeral number 6S average cost $90.77 total cost $~,900 b. Interment number 218 average cost $~Lt total cost $11,220 c. headstone number SLt average cost $~9.S0 total cost $3,2l3.1t8 386 Type of law Burat allowuncccc Bural ctlowuoces-C'oo, Citation §( 38; 17-1 to 17-5 § 38: 17-tI. (~ 3d: 17-10 to 17-il. (3S: 17-ti. § 3S: 17-12, §) 30: 7-h, to 17-S. g~ 26: 5-4,1 to 6-4,2. §3S: 17-5 to 17-8. PAGENO="0391" 387 NEW YORK McKinn~yp Consolidated Lawn of New York of awl - Ittistito IS ii d B I -( ty II f S 0 i d d f It I t C I M 1 L w ~ 14S d tilted titsosItto. veterans, tltrtr erosits, wise-, or wit) stsso, atid mitt or children. ilstrial 1966 Pooket I'art. noty not be in a opt-ru grave. illitises or friends nay condoct the - Privilege of renewal of bodiss fruit potter's lit-Id or neglected Town Law, 205, and 1006 Pocket or abandoned cemeteries, to property kept cenielerno. Part. floral allownnceo nnd Burtiol ire sns!o-Ctsitsittto nay acquire soldiers' listrial grounds and General Municipal lose, § 148(ld) allied benelitet-Con- provide for their tout ts.-statee. nd IStS l'teket Part. tinned JJttrjot ftssit la.-Soltloea too uttittin C corporation toss act sire hr gkt Metiihcrvlii1i Cotiioratioo Law litirtitass, any lit or 1ots is my ctinstcrv to be ed ml o.c tItled (1966 l'oohct Port § 160). cxclooiscly far the burial of soldiers and sailors and for the erection of suitable ittOttotietits or tiioioorialo thereon. - `l'owtio nay purchase ooldars' burial plots iii cemeteries and `rosen Law (1036 l'ocket Part) * tirnvido for their care. 2114. (Stuse tore not) res/-.s!.1on.-Pcrpsestl care of solt~is-rs' ltssriit Itlolu its Coitttty lust, 631, .43(1. * l)sttclss'ss attsl N igira Coon tie. llcuslolntirn.-Cossttty alloss.tocc is proviesi for I ties stolid for site graves Geerrel Mststttip:tl Low 148(2) * of itttligemtt vi-isratso, their mitts orssidow, or ltsr lie grave of -i atni 1lt66 l"teket Port. vi-tertiti left ttnsoatkt-sl for S veers liv a vttitilslo- lieadstoite. 3 counties surveyed, including Nassau County with a population exceeding 1 million. These statistics are not projected to reflect all State activity. a. average number of burials per county is 2, at an average cost of $2~0. b. average number of headstones per county is 106, at an average cost of $23. NOItT16 CAROLINA General Slolules Typo of law I fltiauns6 Citation - f 55C lot letrial of indteent vetrrntso of Con. Stats. (Replacement 1004), B riot allowancea a~d Burial-County a 5 . -. ts:t-tat. alliod bcnoflts. ~lttfl up to $50 and State olloseanco tip to $150 for GcnStats.(ReP]aCCtfl at 1066), burial espenses of Confederate pensione a. mccc 1060. b f b ` I ociation who Gen. Stats (Replacement 1665), dies in~siilitory cervice tnay clcctto reccivo bonollta of the assorts- §) 56-241.1 to 55-241.4 tion or a return of asseosmenta paid -~_- I tel tat ties i-s required to Ceo. Stats. (Replacement 1064), flu loll v ens nd fi I/i lf~t)~1 -1'~ S~ hnsmb f th A d ro dys *130-48 all~ed boeeftts-Con. ~ ~ of Gottlederate cemetery itt Raleigh by Gco Stats. (Replacement 1065), lraoq labor furnished isy State department of carreettots. - .. . -- - County information not obtainable. State burial allowance granted in 2 cases, © $1S0 each, for a total of $300. PAGENO="0392" Pugc'~ Ohio lte'oiued Code, ho rated (153.1) ou rcrioed by oupplerucols L'orfs!.-Cory..ito~oru of 0100 foe the burial of indigent votcrsos, 5) 5001.25-5001.32. tl.oir .~5 ieee, viVa, or ssiclos-a. Burl:,) ens' not be in potter's told. )`eivie,ec,f eeu,oe..l ..~ w:et..~:w.t of bodios in ooldicro' plot.._ 05 2001.16, 5001.10-5001.20. j:ur:oi5iru.is~:i.-i'u,oie. a: CCslOters' asenei::ior,s - § 1721.11. to'. t.stpe, ~ otu:cnsl,tics ~° ~ §5 3001.16, 5601.21-5001.24. j - d dt I §501311 sod p.e.enrs'e tie record of tl;e death end burial taco of oil veterans. Coae.ty recorder ohs)) be cessndi::,c of records concerniog the 317.25. ioeat~ss of vetorano' geuvcs nod upon request Irons ci vetceono' or- gat,ie.acion 30 dsys prior to Ploinoeisl Day, sins)) furnish noel, organ- lotrior, with hat of oil "errata' burials within the cnnnty. Eopcouo for care of soldiers' graves, a charge on the locol unit.. JIcoil.eloscs cod rooahere.-Ceructeries rosy not crohibit the vreel)ou of liv:,rlscooo provided by the United States or by the State of Ohio foe cotdioru' groves. The counts' shot) oppty to the United Staten for a suitable head- otont for the grave of cc doccased veterar, ted have the same oct irs The county ohafl furnish, en petition, rnnrkera for soldiers' groves for tho purpose of dcoignnttng ouch graven for memorial par- Detailed county statistics not nvailable. Cuyahoga County contains 1/6 of the State veteran population and reflects expenditures of $7,900 for headstones and $13,000 for grave decorations, with the number of cases and average cost unknown. These figures are not projected to reflect all ~ State activity. Liur lob-County efbonuno~ for burial of indigent veteron!, theIr ORS, 55 408.710-405.750, wIves or soidoeoe, nod eiosr eliildrcn; lust oiehre,s ro sense. -- County old through vst,:roo'r orgunirutioca for bur~ai ORS, 408.730. 388 rid .11cc,, ants. sad ,&tL:oi Lar,ot.tu, §55001.17, 0001,22, 2001.35, 3001.37. §5153.04, 165.00. 5 5001.32. S 5s0~.34. OICLAIOO3IA, Sbulobes Aneobolcd Burial slboo'uncen sod allied benelita. ~ LborloL-Ce~tnty oliose.ovc op to S100 is provided foe the burial of indigent vetvr:iaa. lIonel nay ,~ot be ia potters fold; relatives nay be ollooved to coaduot tooeri:i. Grore cave used rcgialrccson.-Csoaetery aeel graves of soldiero new - located or, property of lJr.ior, Soldiers' linac placed under sopor- Provides for Ohishoros V'eloeaost Corootory, under supervision of nd~utcsnt general, rs burial place for voterans. Title 72, 01 31-32. Title 72, § 165, - No payments made. OREGON Unless olhcrwisc designaled, rcfrrences ore to Orrgo,, Revisrd Slololcu Buriol allowances and allied bcraolits. 2 burial allowances, average cost $23, total cost .$1t70. PAGENO="0393" PIiNNSYLVANId, Purdon'ti Pennsylvania Statutes Annotated Typo of law fldsomS Citation -. - - - Uuriol.-Couacy allswance for fiurial of veterano and their widowo_ - - - - \`eterc-es' :te~oci;tinos may bc accompanied by a military band when paracimig fm the Ic-ic-pose of interns- a veteran. Band 6rovsdo.-Camimmtes say acquire b utial plots itt any cemetery for the burial of c-etc-tans. - lower of tIme tlep:trt cent of ttilitsmy oliafra to acquire toad to be net aside us a S tie embetry cot-meters' (or tIme burial of t'ettit'aOs. l'uoor of itoitiompalitmis to tarelise burial tots (or deceased ocrs'iee too; tturclaae by emOaglts. Disn-clics of dead Ic-i/o-The feud bodies of veleraits say not be toroott over to time omatootiot board of tile State f~r time iturponee of dissection by medical oaoielfeo, Grove circa ad repitlrol/on-Countieo are required to care (or gr:svcs of - Counties are required to provide flags to tiecorate tIme grtvno of deceased aervicctoen ott Memorial Day, each hiD en be fartielted to thu various veteratta' organizations f or distribution itt their rcspcc- tt~o communities, Grovccoreoodrc~/tlrn(/an.-Pcovis'oaforeountvr-gilettinaofveio-ran-'gravcs Hesdtloocc cod vs nrhere -Cemeteries tn:ty tint prohibit the crectiots of any hcmdstotse furnished by the tJoited States or by arty county of the Conenmonwealtlt for a soldier's grave. - Coutttics are ree1uired to furttish, on application, mart-era and headstones (or veterans' gravc-v; or if a headstone has teen provided by the United States, the county is required to furnish the foundation thercif or, -. - - - State attosvancn for head-tones for the ottmartecd graven of vet- 51 I'S,, ~ 511, 512. mono of time ltevoltttioit and of the \Var of 1812. - - .- - ~13 - Stcalittg or buying veteran's grave mart-cr as jctttk Is a felotsy_ IS PS, 4570.1 (Statistics obtained from ~ of 67 counties. These figures are not projected to reflect all State activity.) a. burial number 16,980 - average cost $7~ total cost $l,273,~00. b. headstones and markers number ll,08~ average cost $k5.6l total cost $SOS.767. 389 Uuriat allowances and allied benefits. Burial allowances and allied bonefitat.-Con.. 161'S,, 80 i6os-)oii~j~' 8062-805-i, 511.5., 1123. 16 PS,, (8 151-1, 5114. .71 I'S,, § 1-402(14). 53 P,S,, §~ 1463, 47816. 35 1'S., § 1002. 16 2'.S,, (81015, 5115, 8057. 16 P.S., 811022,5122. 8008, 10 PS, §~ 1023, 5123, 8070. 0 P,S, * 10, - , , - 16 P.S 8*1513, 0113; 8065: 85-382 0 - 73 - 26 PAGENO="0394" 390 IIIIODE ISIAN1) Unless sihot wino denignaled, citations are to General Lass of liliode Island, 1956, and to Supplement thereof Typo of law fld.sumd Citation anal nflowancco and .ffuricl.-I'rovi.siOn fe a tring squad for vescran- funerals ~.J_ 30-23-1. allied benefits. - Provision for aria! of iodkp;nt vcteraix at the expense of town ~ 30-25-3, 30-25-4, 30-25--a. or cky. lIons! xiv rot hr ix poster's fleld. lfoktuvcs or friends may he Envied to cvr.c:rct the furor .3. lIuiot 5rxsxda.-l'rssisiou for xlix ecre c1 xolxkcna' burial Ions in 2~orth §5 30-23-S 30-25-9. Cemetery a !!risto!. Groin care-Provision for the care cf nvgfceted and abandoned graves 55 30-25-10 to 30-25-13. of vctvraes. Jlcodotssen o,sd isorkcr,.-Grave shell be marked by a headstone to be 1130-25-0, 42-12-7. paint fur by town or city; dccl fords. a. markers number 831i average cost $3.'IS total cost $3,l27.S0 b. erection of headstone number L183 average cost $13.06 total cost $6,310.86 S~,tCTli CAIIIaLINA Unless otherwiso dcsignalcd, citations are to Code of Lasts, Sooth Carolina, lOe2, and 15t7 Cunsolalive Supplement Type o law lIdsuind Citation Burial allosvrmces sod Banal-I year's pension to be paid on death of confederate pensioner 1 44-562. allied benefits, to provide for funeral expenses. 3 widows of Confederate veterans died, for whom $200 was expended towards the burial of each, for a total of $600. PAGENO="0395" Bu~riat.-Countieo may appropriatirinoney to pay th~burial cspenseo of SDCL 33 19-5 to ii t~ it.) State ~ f ~ f d~ g t t tI SDCL 33 19 1 tO 33 19-6 widows. lntrrtnroi shall not he made itt any cctnctery or burial plot i ~ ti I l~ ~ d11 t rn yt p h Id SDCL 33 19 8 to 33 19 10 burial 115.5 and to provide fur tie Perpetual care thereof. - Grat'c rare sod regislruiion.-t'ruvides for the compilation of records by tire State hoard of health, rrlatiog to the death and burial of veterans ~ ~ ~ 1 y I us th 1,1 I tl St t DCL 34 25 1 to 34 27 11 assist in oblaining cemetery ntapo and ding information relating to ttnrrgialrred burials and other records. Requires that each grave lucated be desigosted by o reparate and distitici. uniform toarkrr. All burial itermils shall contain the nrilitary record of decedent, which record shall Ito liled with the tnilitary dcpartntcot of tire State. - Jleodeloncu and markers-State atlosvance may he mode for crc~ing SDCL 33191, 33195 headstone provided by tire U.S. Government for the purpose of marking the grave of a veteran. - - a. burial allowance nunibar average coot $l00~ total cost $It,~00 b. headstone erection number 191 average coot $10 total coot $1,910 TRNNIiSSE1I Unless otherwise designated. citations are to Tenttrssce Code. Annotated, ttohbu-Merrill. 1056. and 1066 Supplement Burial allowances and Bur(al-Bttrisl allowance to Cottfcderale veterans itt lieu of their lint § 7-1116. allied bettefits. znontlta retsioto. Aitrount: $100. Burdal grounds-Tire Atnericatr l.egion or any other veterans orgaoi- §~ 48-1510 to 48-1523. notion stray occtttire land (or a iruri:rl Ice. 391 SOUTH DAKOTA Codeof 1939 assd 1060 Supplement Burial allowances and allied benefit.. No payments made. PAGENO="0396" `. TEXAS Unless otherwise designated, citations ore to Vernon's Texas Statutes Burial allowances and allied benefits. * Burial-State allowance for burial of Civil War pensioners. A warrant of $200 nay bu paid to heirs or legal representatives of deceased Burial grausds.-T he comnhissioncru court in each couoty may purchoso burial graunds to be used exclusively for the burial of vrterano who die witheut lc~ving oullicieot means to defray funeral expenses. Art. 0227. Art. 23721. ~ . 3 widows died, for whom an average burial al- lowance of $200 eas expended, for a total of $600. UTAH . Utah Code Annotated, 1953. including 1967 Pocket Supplement urial allowances and Burial expenses of Civil War veterans. Allowance up to $100; no ouch Cods (1053), Replacement Vol. 7, allied benefits. veteran shall be buried in potter's field. §171-6-4 to 71-0-5. trial . N~ ~`cterst at nay war to be buried in ground wed fur paupers. Political Code (lf)33), Replacement Vol. 7 niil,divis,ou of State slay provjde burial cites. 1567 inctet parts §) 71-7-1 nu~ 71-7-2. No payments made. VEI1SIONT Citaliosn ore to Vcrmonl Slalules Annolaled, 1959 Burial-State allowence up to 5150 fur expenses of buriol of in(ligent V.S.A., 120:1604. vcteratn, including veterans of Korean conflict, and their widoevo. Jiradelones.-State t.o provide headstones for gravco of indigent vet- V.S.A., 20: 1604. crests, including veternos of Korean conflict, and their widows. No payments made. Vll'.ClNi.t 392 Burial atlusvanceu and allied benefitB. CosesfV~refsia, 1530 Burial I Burial-State allowance far funeral expenses at Confederate peaainners § 21-1. I (law continued in effect). No payments made. PAGENO="0397" 393 WASHINGTON Unless otherwise designated, citations are to the Revised Code of Washington Burial allowance end ~ ~ :~ tç (~ ~ I I I ft C "V § 7.1 24 0.10 I ti\V ~t ~ (~l1tit d d i~ .1 ft \V § 7230 110 i~i d1 -C t I to d I t o it C W § 73 24 0 0 of the St.:tte vetiruos' plot in the Musonin cemetery ut Olyotpht. Vntitnterr,.-llurml of cleccuned volunteers at Orting or other public it.C.W., 73.24.040. (Statistics were obtained from 3 of the nearly ItO counties, but these three acoount for more than half of the veteran population.) (Those figures are not projected to reflect all State activity.) ?urial assistance was given to 11, at an average cost of $SS, for a total cost of $608. WEST VIRGINIA West Virginia Code (Michie, 1066 and 1968 Cumulative Supplement) (references are by chapter. article, and section) .ttti;tl :tilt,wontts .1,4 Jj,rj~t.-A courty direttor situil rovith br tue burial of indigent § 0-6-15.. allied iotliti ~,tertnt, lint burial ,n:ty tot to iii a Celne try or ceini trry plot toed (xclttsivtly for the burial of indigent i,em000. Apparently, no specific payments made. PAGENO="0398" 394 `VISCONSIN Wiatonsin Stotutes, 1988 it;ickl fliiw5r,t.-s and Jluriol.-Cooi:iy llsssaiirr of Stilt for the bti~~1 of indigen vitiia0$I~ 45.18-45.18. .llad lnsctt.. their \ciVre sod widowc. 1_tonal not to be io croirtrry (or pas~ors. - ifs xclir:to diit teas log an rsbtlc of ltw.s tlciti Sill(S), exclusive 313.15(4)(b). of to:oclits doe hioi or his tries (root lIe. United States, his state ohriIl out lie liable (or sore than 511)1) fir loircil ixpiii ore itt adilitioii tO titO ito t~tttttaIltiiciil liy Iii: l(iiiteil Sisits foe his Ii i_il. Genie Cot iintl reyi::Irotior&.-- Unoti Ly Ittivetitti is ncii Is (or Clot cm. if § 45.1S5. liii graces of xii! hits, thiiir wire-, intl wiil two, wino cave is not ott iiiiii..s tirtiviiltitl fir. -- `Ihic littlO (hiii:iriiiiiiil of veterans' alfairo i.. nii1iiircd to osoittilit i 15.42. o recant of vitvraiis' tonSil tiles. Iico!s!ooca.-Ciitiii ties may provide appeopri:tiit titibil markers for the § 59.07(14a). graves of toidirs (tuned within cert:titi townships or itiuiiicipahitiro. The cotititv olt:ill apply to the United States (or a proper tend- 45.18. ntoiie md liner. the headstone net iii place. a. burial assistance nuniber 66 average cost $128.00 total cost $8,1l68.1i2 b. headstone erection number 368 average cost $lJ_t.29 total cost $~,2S8.08 SWYOMING \\`yomio~ Statutes, 1557 .4 ~ ol(nsraiico of ShkO for the bnritI of indigent veteratio,.~ §~ 10-118 to 10-118. (Based on responses from 13 of the 23 counties) rio payments made. PAGENO="0399" 395 Senator THURMOND. Charles Mattingly, deputy director of the National Legislative Commission of the American Legion. STATEMENT OP CHARLES E., MATTINGLY, DEPUTY DIRECTOR, NATIONAL LEGISLATIVE COMMISSION, OP THE AMERICAN LEGION, ACCOMPANIED BY ROBERT B. LYNCH Mr. MATTINGLY. Thank you, very much, Mr. Chairman. I want to thank you for this opportunity to appear before this distinguished committee to make the view of the American Legion known on the continuing shortage of burial space in national cemeteries, as well as our ideas on improvements in the veterans burial allowance. Senator THURMOND. Do you have a written statement? Mr. MATTINGLY. No. Senator THURMOND. Just summarize your views then. Mr. MATTINGLY. I would like to introduce Mr. Robert E. Lynch, deputy director of the Veterans' Affairs and National Rehabilitation Commission, and Mr. Lynch is prepared to present his statement. Senator THURMOND. Mr. Lynch, would you like to put your entire statement in the record. Mr. LYNCH. If that would be preferable to the chairman, I am will- ing to do that. Let me then tell you that- Mr. Chairman and members of the committee; the American Legion is appreciative of the opportunity to appear today and to place on record its position on the subject of national cemeteries and related matters. In this appearance, I shall address myself to two specific pieces of legislation now pending before this committee. They are S. 2052, the National Cemeteries Act of 1971 and 5. 1080, "a bill to amend chapter 23 of title 38, United States Code, to increase the maximum amount which the Administrator of Veterans' Affairs may pay to cover the burial and funeral expenses of certain deceased veterans." S. 2052, the National Cemeteries Act of 1971: The American Legion supports the enactment of S. 2052 into law. It would accomplish goals that have been supported by this organization for a number of years. Specifically, S. 2052 would do the following things which the Amer- ican Legion believes should be done without further delay. 1. Supervision and administration of all national cemeteries would be transferred from the Department of Army and from the Depart- ment of the Interior to the Administrator of Veterans' Affairs. Excep- tions to this provision are provided in section 1005. 2. Under section 1006 the Administrator is authorized to acquire by purchase, gift, condemnation or transfer from other Federal agen- cies, land to be used for national cemeteries. All other provisions of this bill are also acceptable to the American Legion. In addition to the provisions of the bill, the American Legion recom- mends that a further provision be added, to authorize the Admin- istrator to conduct a survey-including a demographic study of the veteran population-to determine present and future needs for a national cemetery system that will provide national cemetery space for all veterans wishing to use same, in a place and at a location within PAGENO="0400" 396 reasonable distance from their place of residence; to estimate the cost of necessary expansion of the national cemetery system to accomplish the above goal, and to file a report containing this information with the Congress within a reasonable, specified time to be set forth in the amendment. The American Legion has attempted, for a long time, to impress upon the Congress and the executive branch the need to make pro- vision for an orderly and adequate expansion of the national cemetery system. No action has been taken to this time, and now, with a vastly expanded veteran population the situation is rapidly becoming acute. In the judgment of this organization it is too late to even discuss the propriety of the eligibility of every veteran to national cemetery burial if he desires it. That eligibility was commenced with the first national cemeteries that were established near the battlefields of the Civil War. Every action taken by the Congress since the time of that war has expanded the eligibility requirements, until by now, every active duty, retired or honorably discharged member of the Armed Forces can be buried in a national cemetery. At no time has a Congress enacted legislation to restrict burials in national cemeteries. In the years since the Civil War, thousands upon thousands of veterans have exercised the privilege of national cemetery burial. Many thousands more have not. But no one knows in how many in- stances that happened because there. was no national cemetery avail- able in the area of the veterans' residence. Here is the situation in which we presently find ourselves. In 1917, the Office of Chief of Support Service, Department of the Army, ad- vised that there were a total of 2.2 million gravesites available, with a firm policy of nonexpansion in effect. Of the 47 active cemeteries, only 16 are expected to still have space by the year 2000. Additional interesting statistics provided by the Office of the Chief of Support Services are as follows: 1. Total developed gravesites available August 1, 1964, 249,309; 2. Total developed gravesites added since August 1, 1964, 247,826; 3. Total number of burials since August 1, 1964, 306,722; 4. Total number of gravesites used since August 1, 1964, 271,035; and 5. Total developed gravesites available January 1, 1972, 226,100. This is a net decrease of 23~209 gravesites in the 71/2-year period. Further, there have been 82,102 active duty deaths in the years commencing with 1964. Of these, 16,008 were buried in national cem- eteries, or less than 20 percent. The remainder of these active duty deceased were buried in private cemeteries. It is safe, we believe, to assume that a measurable percentage of these private burials occurred because there was no national cemetery available within a reasonable distance of the place o~f residence of the families of the deceased serv- icemen. Had there been an adequately developed national cemetery system, we are confident that a far greater percentage of national cemetery burials would have occurred. Now, gentlemen of the committee, we know that more than 50,000 of those men who died in service since 1964 were casualties of the war in Vietnam. And we must conclude that there was no national cem- etery space readily available for them when they were returned home for burial. This, we suggest, is a shame upon the Nation. PAGENO="0401" 397 The shame that is upon the Nation for this lack of provision cannot be rectified. But it is still true that there are now more than 28 million veterans living in the United States. They are, for the most part, veterans of the four wars in which this Nation has engaged since the beginning of the 20th century. They are entitled by law to the privilege of burial in a national cemetery. As things now stand most of these veterans will not be able to exercise that privilege. Many of them would like to do so. That they should be able to do so is, in our judg- ment, a debt of honor owed them by the Nation that sent them to fight its wars. Therefore, gentlemen, what we are proposing and supporting here today is a course of action, to be initiated by the Congress that will redeem the Nation's debt of honor. To outline once again, briefly, that course of action, it is that: One, Congress should transfer all active cemeteries to the jurisdiction and supervision of the Administrator of Veterans' Affairs. This is in con- sonance with our single agency concept for the management of veterans affairs. Two, the Administrator should undertake and complete a study of national cemetery needs based upon a demographic study of the veteran population, and submit his findings and recommendations to the Congress, within a reasonable period of time. Three, the Adminis- trator should be empowered by law to acquire, by gift, purchase or con- demnation, land to be used as national cemeteries where they are most needed and best located. We urge upon this committee, and upon the Congress that this needed course of action be set in motion without further delay. Gentlemen, before ending my remarks on the subject of national cemeteries, I am constrained to mention to the committee one further matter that touches upon this subject and that is most painful to the American Legion, and to many veterans. I refer to the discriminatory order promulgated by the Department of Defense in February 1967, and still in force, restricting burials at Arlington National Cemetery to certain categories of persons. This order has caused distress to many veterans and to their families who, through the years, had, in. good faith, expected to be buried at Arlington, and who, therefore, made no provision for burial elsewhere. No one is more anxious than is the American Legion that those men who have given their lives in Vietnam shall have burial at Arlington, if that is their desire, or that of their families. But, for the Govern- ment, at the same time to tell the veterans of World War I, World War II, and the Korean war that they are not eligible for burial at Arling- ton is the greatest of injustices. It is, in effect, telling the veterans of these earlier wars that their service was not of equal value to that of those now serving. To do this, gentlemen, is an essential and wrong- ful inequity. The American Legion said so in 1967. It has said so in every year since 1967, and it is saying so again today. Our pleas to the Department of Defense have fallen upon deaf ears. We plead once more with the Congress to take necessary legislative action to set right this wrong. Arlington National Cemetery should be available to all veterans, without degree or distinction of rank or time or place of service, until it is completely filled and further expansion is not possible. It should PAGENO="0402" 398 then be closed to further burials and become a national shrine for all generations of Americans-including those generations that hopefully, will not have to go to war in the national interest. S. 1080: The American Legion by national convention mandate, established by our most recent national convention in Houston, Tex., in September 1971, supports the intent of 5. 1080, which is to increase the present burial allowance of $250 to $500. This is a just measure, that is overdue of enactment. The present burial allowance of $250 was established in 1958. Data provided by the National Funeral Directors Association of the United States, and most recently available to us covers the period 1958 to 1969. During that period the cost of an adult funeral increased from an average of $661 to $936. This figure does not include some of the extra, unavoidable costs of burial, such as vault, cemetery or crema- torium expense, monument or marker, and some other of the miscel- laneous expenses. It can reasonably be anticipated that the figure quoted for 1969, has continued to rise since that time and that it is measurably higher now, in 1972. In light of today's costs, the present $250 burial allowance is unreal- istic. A $500 burial allowance would not be excessive. It would not cover the entire cost of a veteran's funeral, but it would enable the family to provide for the veteran the type and quality of funeral that is due his status as a person who has honorably served his country in time of war. All Americans join in wanting for veterans a funeral of taste and dignity befitting their special status. We ask the committee to favorably report 5. 1080, and to seek prompt action on it by the Senate. To this statement I am attaching, with the chairman's permission, and to be included as part of the record. copies of the two American Legion Convention resolutions that constitute our mandates on the sub- jects of national cemeteries and of the Veterans' Administration administered burial allowance. These are Resolution No. 452-New York-from the Portland National Convention of September 1970, and Resolution No. 199-Ohio--from the Houston National Conven- tion of September 1971. In conclusion, may I again express to the chairman and to the mem- bers of the Senate Committee on Veterans' Affairs, the appreciation of the American Legion for the privilege and the opportunity to present our views on the important legislation that is under consideration. Senator THrIRMOND. Would you care to specify the portions you object to? Mr. LYNCH. Yes, sir; as brought out by testimony here today, the categories that are now admitted to burial at Arlington, active service personnel, retired members, Congressional Medal of Honor winners and people who have held high elective office in the Federal Govern- ment. This excludes the bulk of the veteran population. Since the cemetery was opened, many, many thousands of veterans were buried there and many other veterans have lived in the expecta- tion that Arlington Cemetery burial will be available to them. Apparently the rationale for this order was the onset of the Viet- nam war. The position the American Legion has taken, with all due respect to those who are fighting the present war and in whom we have the keenest possible and intense interest, it is not possible in a PAGENO="0403" P399 situation involving a cemetery like Arlington to equate the service of a man in one war as against service in another war. What I am driving at is by reserving burial space, presumably, the rationale of th~ Defense Department, for active service personnel, while veterans of the past wars, are being deprived of burial at Arlington National Cemetery. The rationale of the Legion is that Arlington should be open to all veterans on a nonrestricted basis, until it is full, at which time it will be closed and become a nationalshrine. Senator THtJRMOND. Thank you very much. I thank you gentlemen for appearing here this morning. We appreciate your presence. Mr. LYNCH. Thank you Mr. Chairman. (The previously mentioned resolutions of the American Legion follow:) FIFTY-SECOND ANNUAL NATIONAL CONVENTION., THE AMERICAN LEGION, PORTLAND, OREG., SEPTEMBER 1, 2, AND 3, 1970 Resolution: No. 452 (New York). Committee: Rehabilitation. Subject: The National Cemetery Policy of The American Legion. Whereas, it is the position of The American Legion that the Congress of the United States has already developed and determined through an accumulation of laws of more than a century a national policy on the privilege of burial in a national cemetery; and Whereas, The American Legion seeks to have that policy reaffirmed by the Congress in such manner as will assure that the national cemetery system will be continued and expanded as needed in an orderly and systematic fashion and in accord with the needs of those who have earned the right to burial in a national cemetery; and Whereas, The American Legion believes that the dimensions of the national cemetery system cannot be measured by the limitations of the existing cemetery installations but can only be measured in terms of the entitlement which Con- gress bestowed on individuals subject to the extent to which that entitlement is utilized by or in behalf of those concerned; and Whereas, The American Legion believes that the national cemetery system must conform to this yardstick unless the intent of Congress and the will of the nation is to be thwarted; and Whereas, at the present time the administration and maintenance of our na- tional cemeteries are divided among various agencies of the Federal Government, namely: Department of Interior, Department of the Army, and Veterans Admin- istration; and Whereas, The American Legion believes that this diffusion of administrative responsibility has led to the absence of a clear national policy on national cemeteries, the closing of many of these cemeteries, and the imposition of a discriminatory order limiting burials at Arlington National Cemetery; and Whereas, The American Legion also believes that an adequate national ceme- tery policy and system can be attained by placing jurisdiction of all United States national cemeteries in those committees of the Congress of the United States which have jurisdiction of veterans affairs, and by transferring to the Admin- istrator of Veterans Affairs complete responsibility for those national cemeteries that are now under the jurisdiction of the Department of the Army; Now, Therefore, be it Resolved, by The Americon Legion in National Conven- tion assembled in Portland, Oregon, September 1, 2, 3, 1970, that The American Legion sponsor and support legislation to (1) transfer to the Administrator of Veterans Affairs total jurisdiction over all national cemeteries presently under the jurisdiction of the Department of the Interior and the Department of the Army; (2) provide the Administrator of Veterans Affairs with authority and responsi- bility for the operation, care, and maintenance of these cemeteries; (3) direct the Administrator of Veterans Affairs to plan a system of national cemeteries and to establish a program of expansion of existing national ceme- teries and creation of additional ones so that the capacity and distribution of na- tional cemetery sites shall at all times be sufficient to assure burial in a national cemetery for those who so desire; and PAGENO="0404" 400 (4) authorize the Administrator of Veterans Affairs to acquire such lands as are needed, by gift, purchase, condemnation, transer, or by any other means; And be it further Resolved, that The American Legion shall sponsor and sup- port legislation to provide that jurisdiction of national cemeteries be placed under those Committees of the United States Senate which have jurisdiction of v~eterans affairs: And be it finally Resolved, that The American Legion shall petition the Presi- dent and the Congress of the United States and the Secretary of Defense to rescind the discriminatory order of February 10, 1967, which limited burials in Arlington National Cemetery to Medal of Honor winners, active duty and retired members of the Armed Forces, and honorably discharged veterans who have also held high positions in the Federal Government. FIFTY-THIRD ANNUAL NATIONAL CONVENTION, THE AMERICAN LEGION, HOUSTON, TEX., AUGUST 31, SEPTEMBER 1, AND 2, 1971 Resolution: No. 199 (Ohio). Committee: Veterans Affairs and Rehabilitation. Subject: Sponsor and support legislation to increase the burial allowance to $500. Whereas, the Veterans Administration's present allowance for funeral expenses to the families of deceased veterans is only $250 and Whereas, funeral expenses have increased considerably since the increase from $150 to $250 was authorized by the Congress of the United States; and Whereas, many families of veterans are in poor financial circumstances, having little or no means to provide a decent and respectable funeral for the veterans to which they are justly entitled: Now, therefore, be it Resolved, by The American Legion in National Convention assembled in Houston, Texas, August 31, September 1, 2. 1971, that The American Legion sponsor and support legislation to increase the burial allowance for veterans to $500. Senator THURMOND. Our next witness is Mr. Stover from the Veterans of Foreign `Wars. STATEMENT OF FRANCIS W. STOVER, DIRECTOR, NATIONAL LEGISLATIVE SERVICE, VETERANS OF FOREIGN WARS, ACCOM- PANIED BY NORMAN B. J~ONES Mr. STOVER. Mr. Chairman, with me on my left is Mr. Norman B. Jones~ national director, VFW Veterans Service. He advises veterans and their families of their veterans rights, and directs our VFW national service program. This morning, I won't read my statement in the interest of time, but I would like to allude to sev~eral salient points. Senator THURMOND. Would you like your whole statement to ap- pear in the record? Mr. STOVER. Yes, Mr. Chairman. Senator THURMOND. Without objection that will be so ordered. Mr. STOVER. Mr. Chairman and members of the subcommittee, thank you for the privilege of appearing before this distinguished subcom- mittee to present the views of the Veterans of Foreign Wars of the United States respecting legislation concerning national cemeteries, burial benefits for veterans and related programs affecting veterans and their families. For many years the Veterans of Foreign Wars has recommended that the national cemetery system, administered by the Department of the Army be transferred to the Veterans' Administration. Histori- cally, shortly after the Civil War, national cemeteries, which had been established as the result of that conflict, became the responsibility of PAGENO="0405" 401 the Department of the Army. This civil function of the Army has con- tinued to this time. However, veterans who have performed honorable service in the Armed Forces have been entitled to burial in national cemeteries. `With 28 million veterans, it is most reasonable and logical to transfer the administration and handling of existing national ceme- teries to the Veterans' Administration. As this committee so well knows, practically all other veterans programs are the responsibility of the Veterans' Administration. Transferring national cemeteries to the Veterans' Administration will be in keeping with the concept that all veterans programs be vested in one agency. Consequently, pursuant to national mandates approved by the dele- gates to our national convention, the Veterans of Foreign Wars favors the intent and purpose of S. 2052, introduced by Senator Thurmond, ranking minority member of this committee, and also, which is co- sponsored by the chairman of the full committee, Senator Vance Hartke of Indiana. A most important provision in this bill is found on page 11 of the bill, identified as "section 3." S. 2052 provides that the Veterans' Administrator shall conduct a comprehensive study of, and submit his recommendations to the Congress concerning the criteria to govern the development and operation of the national ceme- tery system. Such a study is essential to not only continuing the national cemetery system, but assuring that it be expanded to serve the needs of veterans in the years ahead. Lack of leadership by the Department of the Army and its failure to aggressively pursue a policy of continuing and expanding national cemeteries is the root cause of why grave space in national cemeteries is fast disappearing. The Department of the Army has acquiesced to a policy of "fill-up and closeout" national cemeteries. Significantly, the Department of the Army in its annual request for money to operate national cemeteries has not requested any additional funds for new cemeteries or expand- ing existing cemeteries for a great many years. The exception has been Arlington National Cemetery, but practically all ex-GI's are barred from burial in Arlington Cemetery, which will be discussed later. This "do-nothing" policy of the Department of the Army was spelled out in correspondence to a member of the U.S. Senate as re- cently as last month and the following is quoted from that letter: Under existing policy of the Executive Office, there are no current plans to expand the national cemetery system by the enlargement of existing cemeteries, the use of Government owned land, or the acquisition of land for the establish- ment of new national cemeteries at any locations. The enclosed leaflet explains some of the historic weaknesses and inequities in the cemeteries program and tells of the efforts that have been made by the Congress to find a method of pro- viding convenient burial facilities for eligible decedents. The Army does not plan on its own initiative to take further steps to expand the national cemetery system, though the matter still is under consideration by the appropriate committees of Congress. The Veterans of Foreign Wars is, therefore, hopeful that S. 2052 will be favorably recommended to your full committee and approved by this 92d Congress before it adjourns. This legislation will not only serve the best interests of veterans but will be in the best interests of good Government. The national cemetery system should be a part of the responsibility of the Veterans' Administration, whose sole mission is caring for and serving the needs of veterans and their families. PAGENO="0406" 402 Mr. Chairman, the position of the Veterans of Foreign `Wars on na- tional cemeteries is found in our resolution No. 602 entitled "Provid- ing a National Cemetery in Every State," which was unanimously ap- proved by the 1,200 delegates to our national convention, representing more than 1.7 million members. which was held in Dallas, Tex., last August. In addition to calling for the transfer of the national ceme- tery system to the Veterans' Administration, the resolution also calls for legislation to p~'ovicle for at least one national cemetery in every State. In approving this resolution, the delegates were affirming the longstanding recommendation of the Veterans of Foreign Wars that every veteran should have the right, to be buried in a national cemetery reasonably close to his home. The establishment of a national cemetery in every State would accomplish this puipose. It would be deeply ap- preciated. if a copy of VFW resolution No. 602, together with the fol- lowing VFWT national resolutions regarding national cemeteries and burial assistance for veterans he macic a pait of my remarks: Resolution No. 611 entitled "Oppose Elimination of VA Burial Allowance"; Resolution No. 635 entitled "Requesting Fort Sheridan Be Con- vei'tecl to a National Cemetery"; Resolution No. 636 entitled "Transfer of Jurisdiction of National Cemeteries to VA" Resolution No. 679 entitled "Furnish Military Honor Guards for Funerals in Military Cemeteries"; and Resolution No. 690 entitled "Increase Burial Allowance for Service- Connected Deaths." Mr. Chairman, one of these resolutions calls for increased burial al- lowance. Our organization, however, does not have a resolution con- cerning an increased plot allowance. A plot allowance is generally held to be a. subsidy or additional assistance for a veteran, which plot allowance must be spent on the purchase of a cemetery lot. In other words, the additional money would be earmarked or identified as an allowance foi the purchase of a burial plot. This plot allowance would be in addition to the present maximum burial allowance of $250. The Veterans of Foreign WTars has long held that there is a great and permanent distinction between a plot allowance and the right to be buried in a national cemetery. A plot allowance is an economic bene- fit. The right to be buried in a national cemetery is an honor for which there is no purchase price. For many it is the most important right to which a veteran is entitled, since it carries with it the concept of per- petual honor by the Nation for which the veteran served honorably in the Armed Forces during a period of war or national peril. The Veterans of Foreign Wars has long advocated an increase in the veteran's burial allowance w'hich has remained unchanged for a long period of time; $250 is an unrealistic amount in these days of high cost of gravesites. A substantial increase will help make this assistance more meaningful at a crucial periodi to the surviving fami- lies of veterans. . . . Mr. Chairman, a bill carrying out the VFW position in this regard is S. 1080 by Senator Bayh of Indiana, whose bill pioposes that the burial allowance be increased to a maximum of $500. PAGENO="0407" 403 As indicated, the Veterans of Foreign Wars strongly supports leg- islation carrying out this purpose and extends our highest commenda- tion to Senator McGee of Wyoming for his bill, 5. 134, for himself and Senator Hansen of this committee, which would provide for the es- tablishmeiit of a national cemetery in the State of Wyoming; to Sena- tor Cannon of Nevada for introducing S. 394 for himself and Senator Bible, which would establish a national cemetery in Nevada; for the late Senator Prouty for his bill, 5. 709, which would establish a national cemetery in the State of Vermont; for Senator Brooke of Massachusetts for his bill, S. 1933, which would establish a national cemetery in Massachusetts; by the way, there are no active national cemeteries in any of the six New England States; Senator Fannin for introducing S. 1984 to establish a national cemetery in Arizona; to Senator Hartke of Indiana for introducing 5. 2792 to establish a national cemetery at. the former site of the San Fernando VA hospital, which was destroyed by an earthquake last year; to Senator Beall of Maryland for S. 2983 for a national cemetery in Maryland; to Senator Griffin of Michigan for S. 2998~ to provide a national cemetery at Fort Custer, Mich.; and to Senator Boggs of Delaware for 5. 3081, which would establish a national cemetery in Delaware. I believe, Mr. Chairman, that these bills indicate the widespread national interest and support of the position of the Veterans of Foreign Wars for a national cemetery in every State. Again, a prerequisite to establishing an equitable national cemetery system program would be. in 5. 2052 and similar legislation which would establish a national cemetery system within the Veterans' Administration, and then have the Veterans' Administration recommend a workable, viable plan for continuing the national cemetery system. Mr. Chairman, the Veterans of Foreign Wars has long opposed a restrictive regulation which has resulted in about 80 percent of the Nation's veterans being barred from their legal right to be buried in Arlington National Cemetery. There has been no grant of power or authority to the Secretary of 1)efense or the Department of the Army to issue any reguhition which prohibits the majority of veterans from being buried in Arlington National Cemetery. However, such a regula- tion was issued on February 10, 1967, and continues in force and ef- fect to this date. It has not been challenged in the courts. A parallel case, which supports the VFWT position that this regulation is illegal and unauthorized by the Congress, is found in the case identified as T/iorn~pson v. Clifford, 408 F. 2d 154, decided December 13, 1963, by the U.S. Court of Appeals for the District of Columbia. In that case regulations issued by the Defense Department were relied upon to prevent the burial of the remains of a veteran in Arlington National Cemetery. The gist of the holding by the court was that the executive branch of the Government has only such authority over national ceme- teries as is delegated to the executive branch by the Congress. It was held that the Secretary of the Army has never been delegated power to prescribe which veterans may be buried in a national cemetery or to create classes of veterans for the right to be buried ma national ceme- tery. The remains of plaintiff Thompson were accordingly interred in Arlington Cemetery. Mr. Chairman, the Congress has declared it to be the law of the land that all veterans with an honorable discharge are entitled to burial PAGENO="0408" 404 in a national cemetery. Arlington National Cemetery is a national cemetery. In nullifying this right of veterans to be buried in Arling- ton Cemetery by executive fiat, the Defense Department is violating the law of the land and usurping the power of Congress. The Veterans of Foreign Wars is hopeful that this committee and the Congress will take necessary action to correct what the Vet- erans of Foreign Wars calls rank discrimination against veterans and a blight on the veterans landscape by having the Department of De- fense regulation of Feb. 10, 1967. canceled and rescinded. It will be deeply appreciated, Mr. Chairman, if a copy of the regulation and the decision Thompson v. Clifford could be made a part of my remarks. Lastly, Mr. Chairman, the Veterans of Foreign Wars shares the concern of this committee and its efforts to eliminate deceptive prac- tices by private cemetery operators as regards veterans and their families. Numerous inquiries and examples concerning deceptive ad- vertising have come to our attention. Many times veterans who have taken the advertising bait. learn later, to their astonishment, that they are not getting as good a deal as nonveterans. The matter of deceptive practices by cemetery operators is generally handled at the local level by the Veterans of Foreign Wars. Our leaders are cautioned not to get involved in any nefarious scheme which appears to be aimed at fleecing veterans. The Veterans of Foreign Wars commends this committee for holding hearings on national cemeteries, a program of intense interest to the membership of the Veterans of Foreign Wars throughout the Nation. It is essentially a. veterans program and should be integrated into the Administration of Veterans Benefits by the Veterans' Ad- ministration. It is a program which will be continued only and unless the Congress acts. Your favorable consideration of these views aiid recommendations, as contained in VFW national mandates. will be deeply appreciated. The legislative program of the VFW is adopted by delegates who meet annually each year at a nationa.l convention. Last year our con- vention was held in Dallas. Tex., and a number of resolutions were adopted which bear directly upon the bills which are under con- sideration, Mr. Chairman. We would appreciate it if copies of these resolutions will be made a part of the record. Senator THURMOND. Without. objection. that will be done. Mr. STOVER. Our organization favors the bill introduced by your- self, Mr. Chairman, which will transfer the jurisdiction of the national cemetery system to the Veterans' Administration. National cemeteries are, essentially, a veterans program. but through a historical accident the Department of the Army developed what is now known as the national cemeteries system. We realize that the Veterans' Administra- tion also has several cemeteries under its jurisdiction and in a broad sense they are also Federal and national cemeteries. We move and support legislation before this committee that would accomplish this very purpose. We are impressed, Mr. Chairman. with the provisions of your bill, which will call upon the Veterans' Administratioii to conduct a study and then make a recommendation to the Congress for a w-orkable, viable solution in the program of the national cemetery system. We feel this study is necessary, Mr. Chairman. before we can go forward PAGENO="0409" 405 to continuing expanding the national cemetery system and we, there- fore, Mr. Chairman, support that provision very strongly in the bill. There are a number of bills that have been introduced, Mr. Chair- man, which carry out other positions of the Veterans of Foreign Wars and we urge there should be at least one national cemetery in every State. We say this because we feel every veteran who wants to, should have the right to be buried in a national cemetery reasonably close to his home. We strongly and highly commend and support, th~ many bills, the several bills before this committee which were introduced by individual Senators to establish a national cemetery in a specific State. \Ve support those bills. Another bill before this committee would increase the burial allow- ance from $250 to $500, which I believe was introduced by Senator Bayh of Indiana. Senator Bayh's bill carried out a mandate to bring this burial allowance up to date. The previous witness from the American Legion mentioned a sit- uation of intense interest to every VFW and relates to the national cemetery. I have gone into it in detail in my statement. We would appreciate it if a copy of that DOD regulation, which was issued on February 10, 1967, could also be made a part of my remarks. Senator THTJRMOND. Without objection that will be done. Mr. STOVER. We feel in the VFW, Mr. Chairman, that this DOD regulation is without legal or constitutional legislative sanction. The Congress has never delegated or given authority to the Department of Defense to pick and choose which veterans ma.y be buried in a national cemetery. Arlington is a national cemetery and one of many national cemeteries, administered by the Department of Defense. We feel this regulation is without foundation and it is another usurpation of power by the executive branch from the legislative branch, the Con- gress. This DOD regulation has never been challenged in the courts, Mr. Chairman, but we feel if it were it would be struck down and held invalid. There is a parallel case known as Thompson v. Clifford, decided in 1968, this case stands on all fours as far as the legalities are concerned, in support of the VFW position that the Department of Defense has issued a discriminatory regulation. We would appreciate it if this decision could also be made part of the record, Mr. Chairman. Senator THURMOND. Without objection, so ordered. Mr. STOVER. Lastly, Mr. Chairman, I know this committee is also interested in, I guess you would call them frauds, or that may be too strong a word, or at least deceptive practices which are going on over all of this Nation, regarding the burial of veterans in private cemeteries. Yesterday's Washington Post, in a column by columnist Jack An- derson, has an article about giveaways. Anderson's column contains information which is actually a forecast of what will be the testimony of investigators of cemetery deceptive practices for this committee that will be provided this committee later during these hearings. This is one of the reasons the VFW has much hestitation about increasing the plot allowance. We feel certain unscrupulous cemetery operators will be doing their damnedest to try to get this extra $150 away from the veterans. We feel that the national cemetery organizations should clean 85-382 0 - 73 - 27 PAGENO="0410" 406 up their own house. They should do something about this deception business and I hope that these associations, these private cemetery operators, will take note of these cases as outlined in Anderson's column which presumably can be proved and are true and will take steps to eradicate these unscrupulous practices. Before I summarize here, Mr. Chairman, Mr. Jones has a comment. Mr. JONES. Briefly, Mr. Chairman, I would like to comment. further- Senator T im~ro~n. Do you have a statement for the record, Mr. Jones? Mr. Jo~s. No, sir. On the offer of free gravesites by some private cemeteries, this is nothing new, this was done many years ago. At one time a Colonel Ryan made a study of the neglect of these veterans plots in the Southwest. Apparently the entrepreneurs of the ceme- teries, neglected the veterans areas and in some cases veterans organi- zations got together and started maintaining them. These offers may not be illegal in the various States. For example, I was offered one for nothing, except a small transfer of fee. But if I wanted a better place on the hillside for my wife and I to be buried in, that was $1,400. The cost of placing a headstone is sometimes quite high in these places. I think one of the most decep- tive gimmicks, is the cost of a young veteran, that he pay the cost of opening and closing the grave at any time. If the young veteran is in his early twenties and living another 50 years the moneys he is putting into that, the interest would be sometimes astronomical. In a case down in Virginia, one man testified he signed a note and that note was credited to his estate. I think that if these individuals are completely frank as to cost, it would be better. Senator THiJIRMOND. Thank you very much. Mr. Stover, do you have anything else? Mr. STOVER. Mr. Chairman, unless the Congress acts, the national cemetery will soon disappear. We recommend that the committee take favorable consideration on your bill, which will transfer these ceme- teries to the Veterans' Administration. I thank you very much, Mr. Chairman, for this opportunity to appear. Senator THtTRMOND. We thank you, thank you both, for appearing before us. We also would like to thank you for your testimony. (The previously mentioned VFW resolutions, Department of De- fense regulation, and excerpts from the U.S. Court of Appeals follow:) RESOLUTION No. 602-PRovIrnNG A NATIONAL CEMETEnY IN Evx~ STATE Whereas, there are no national cemeteries in many states nor, in fact, in entire regions of the United States; and Whereas, certain of the states which have previously had national cemeteries are now without them because of the long-standing closure policy of the Depart- ment of the Army; and Whereas, Federal and State land ideally suited for cemetery development is available in many of the states; and Whereas, the congressionally approved right of the veteran to be buried in a national cemetery has been seriously curtailed; and Whereas, the failure to provide burial in a national cemetery for men who have served this Nation in war has unfortunately extended even to the point where honored dead of the Vietnam war were denied burial in National cemeteries specifically authorized to be kept open by the Congress; and PAGENO="0411" 407 Whereas, haphazard policy provides proper burial in National cemeteries for certain of our dead in Vietnam while denying such honored burial for other comrades who die beside them; and Whereas, neither Congress nor the American people countenance discrimina- tion among veterans or service dead on the basis of rank, period of service, or place of residence; and Whereas, the severe crisis with respect to our national cemeteries is now capable of correction through fulfillment of the Nixon Administration's com- mitment to assure veterans an opportunity to be buried in a national cemetery reasonably close to their home; and Whereas, the U.S. Veterans Advisory Commission has recommended that burial grounds be provided for all veterans convenient to their homes; and Whereas, veterans are dying at the rate of almost 5,000 per week; Now, therefore be it resolved, By the 72d National Convention of the Veterans of Foreign Wars of the United States, that we urge early enactment by the Con- gress of the United States of a comprehensive and equitable, yet reasonable national cemetery program to include a national cemetery or cemeteries of ade- quate size in every state in order to provide an honored burial for our citizen soldiers whose proudest service was in defense of our freedom and the ultimate security of all free men as well as those who aspire to this goal; And be it further resolved, That the responsibility of the operation and main- tenance of the National Cemetery System be transferred to the Veterans' Administration. Adopted at the 72d National Convention of the Veterans of Foreign Wars of the United States held in Dallas, Texas, August 13 through 20, 1971. RESOLUTION No. 611-OPPOSE ELIMINATION OF VA BURIAL ALLOWANCE Whereas, the President of the United States in his budget message for fiscal year 1972 proposed the eliminatioh of the $250 maximum burial allowance paid to defray part of the cost of the funeral of an honorably discharged veteran; and Whereas, this benefit has not been increased in amount for a number of years and even in combination with Social Security lump sum death benefits is totally inadequate to meet the tremendously increasing costs of a veteran's funeral, even if burial is in a National Cemetery; and Whereas, this long-standing and completely justified benefit to honorably discharged veterans has in recent years been constantly under attack by the Office of Management and Budget, formerly known as the Bureau of the Budget; Now, therefore be it Resolved, by the 72d National Convention of the Veterans of Foreign Wars of the United States, that we vigorously oppose any reduction or elimination of the present burial allowance and that we use every means avail- able to oppose those who would recommend the reduction or elimination of the present burial allowance; And be it further Resolved, That we seek an increase in the present inadequate burial allowance of $250 to a realistic amount in line with the present high cost of funerals. Adopted at the 72d National Convention of the Veterans of Foreign Wars of the United States held in Dallas, Texas, August 13 through 20, 1971. RESOLUTION No. 635-REQUESTING FORT SHERIDAN BE CONVERTED TO A NATIONAT~ CEMETERY Whereas. Fort Sheridan, Illinois, served the middle west and our country for more than 75 years; and Whereas, Fort Sheridan served as an induction, separation and training base through which hundreds of thousands of men and women have passed; and Whereas, the Department of the Army has determined that Fort Sheridan, Illinois no longer suitable for its intended purpose; and Whereas, the Department of the Army has begun phasing out its personnel and operation at Fort Sheridan; and Whereas, all National Cemeteries will be filled and closed in 5 years; and Whereas, Illinois has 1,591,000 living veterans of all wars; and Whereas, Illinois has 5 NatiOnal Cemeteries, 2 of which are closed, and ap- proximately 26,000 grave sites are available for future use by veterans; and Whereas, Fort Sheridan has 729 acres owned by the United States Government; and PAGENO="0412" 408 Whereas, most buildings are of temporary construction and its land area is relatively flat; and Whereas, space for a chapel, museum, administration offices and maintenance buildings would be available in the existing permanent structures; and Whereas, in the National Cemetery System there are approximately 1,000 graves to an acre; and Whereas, approximately 700,000 grave sites would become available and con- version costs would be minimal; Now, therefore be it Resolved, By the 72d National Convention of the Veterans of Foreign Wars of the United States, that Fort Sheridan, Illinois be converted into a National Cemetery; And be it further Resolved, That our National Organization work with the President and legislative branch of government for such conversion. Adopted at the 72d National Convention of the Veterans of Foreign Wars of the United States held in Dallas, Texas, August 13 through 20, 1971. RESoLUTIoN No. 636-TRANsFER OF JURISDICTION OF NATIONAL CEMETERIES TO VA Whereas, the jurisdiction of the National Cemeteries is now under the Depart- ment of Defense; and Whereas, it is desirable that the jurisdiction of the National Cemeteries be transferred from the Department of Defense of the United States to the Veterans' Administration of the United States; Now, therefore be it Resolved, By the 72d National Convention of the Veterans of Foreign Wars of the United States, that we reaffirm our stand that the Gov- ernment of the United States transfer the jurisdiction of the National Cemeteries from the Department of Defense to the Veterans' Administration of the United States. Adopted at the 72d National Convention of the Veterans of Foreign Wars of the United States held in Dallas, Texas, August 13 through 20, 1971. RESOLUTION No. 079-FURNISH MILITARY HONOR GUARDS FOR FUNERALS IN MILITARY CEMETERIES Whereas, it has always been the custom of the United States Government to provide a Military Honor Guard for appropriate military ceremonies for deceased veterans of the United States Armed Forces who were being buried in a National Cemetery; and Whereas, the above honors are now being curtailed for honorably discharged American veterans who have served our country in its hour of need, and are not being provided by the United States Armed Forces in many cemeteries in the United States and those in the Long Island area; and Whereas, the discontinuance of such honors has resulted in grief and disap- pointment to many families of veterans by failure of the Armed Forces to provide this due recognition and last honors which is not presently given to a veteran who has faithfully and in many cases zealously served in the Armed Forces; Now, therefore be it Resolved, By the 72d National Convention of the Veterans of Foreign Wars of the United States, that the Armed Forces of the United States furnish the manpower needed and the Military Services of the Country be de- tailed as heretofore on a daily basis, to all National Cemeteries in order, to pro- vide military services which veteran organizations cannot provide, due to mem- bership work schedules, etc. The Armed Forces of the United States should pro- vide a Military Honor Guard to conduct approriate military ceremonies at the burial services of each veteran buried in a military cemetery as heretofore. Adopted at the 72d National Convention of the Veterans of Foreign Wars of the United States held in Dallas, Texas, August 13 through 20, 1971. RESOLUTION No. 690-INCREASE BURIAL ALLOWANCE FOR SERVICE CONNECTED DEATHS Whereas, There is a federal rate of $250.00 allowed toward the burial of a veteran, with an additional amount if death occurs in a Veterans Administration Hospital; and Whereas, it is increasingly difficult for survivors to meet the rising cost of funerals; and PAGENO="0413" 409 Whereas, a veteran with service connected disability has a shortened life span, and the service connected disability is a factor in his earning ability; Now, therefore be it Resolved, By the 72d National Convention of the Veterans of Foreign Wars of the United States, that we recommend that the Federal burial allowance for a service conneéted death be increased to not less than the amount currently being paid for in-service death. Adopted at the 72d National Convention of the Veterans of Foreign Wars of the United States held in Dallas, Texas, August 13 through 20, 1971. [From the Office of Assistant Secretary of Defense (Public Affairs), \Vashington, D.C-Immediate Release, Feb. 10, 1967] NEW BURIAL POLICY SET FOR ARLINGTON; EXPANSION AT FIVE OTHER NATIONAL CEMETERIES ANNOUNCED New criteria which will reduce the number of people eligible for burial at Arlington National Cemetery were ordered today by the Department of the Army. The change, which will apply to persons dying after February 17, 1967, will prevent a two-year interruption in Arlington burials which would begin early in 1968 if the current rate of interments were to continue. The Army is also provid- ing additional burial spaces at the Beverly (New Jersey), Fort Rosecrans and Golden Gate (California), Camp Nelson (Kentucky), and Fort Harrison (Vir- ginia) National Cemeteries. Under the new criteria, burials at Arlington National Cemetery will be limited to Medal of Honor winners, active duty and retired members of the Armed Forces and honorably discharged veterans who have also served in high positions in the Federal Government. Wives and minor children of the foregoing are also eligible. The change does not affect previous commitments to eligible survivors of those already buried in Arlington, nor is it applicable to the other 67 active National Cemeteries. Under the former criteria any member or former member of the Armed Forces of the United States or any citizen of the United States who served in the Armed Forces of any government allied with the United States during a war, whose last active duty terminated honorably, was eligible for burial at Arlington. Also eligi- ble were the wives, husbands and minor children of the foregoing. Consistently over the last 10 years about 70% of the burials at Arlington have been veterans and their wives, most of them residents of the Washington area. There are nine other national cemeteries in Virginia and two in Maryland with available gravesites. The conflict in Vietnam has not been a major factor in the increasing number of burials at Arlington, accounting for only 290 burials in 1966. The annual rate of interments at Arlington has increased from 4,578 in 1962 to more than 7,000. On February 10, 1967, there were only 6,437 available grave- sites remaining. Under the revised criteria, about 2,000 gravesites will be needed each of the next three years. The Army is in the process of implementing a long planned expansion of the cemetery on the grounds of the South Post of Fort Myer. This expansion will ultimately provide about 60,000 more gravesites, but the first of these will not become available for burials until December 1969. The revised burial criteria in concert with the expansion program ~vill thus allow uninterrupted operation at Arlington during the period needed to complete the expansion and for many years to come. Uncommitted gravesites at Beverly National Cemetery (New Jersey) and Fort Rosecrans National Cemetery (California), were exhausted during 1966 and those facilities became inactive. Golden Gate National Cemetery (California), Camp Nelson National Cemetery (Kentucky) and Fort Harrison National Cemetery (Virginia) are expected to become inactive in 1967. The closure of Beverly and Fort Rosecrans made it impossible to provide gravesites at these cemeteries on application of next-of-kin in behalf of Armed Forces members killed during the Vietnam conflict. If the conflict continues, the same problem might arise in 1967 at Golden Gate, Camp Nelson and Fort Harrison. The Department of the Army will acquire small parcels of additional land for gravesite development at these five cemeteries. If at all possible, land contiguous with existing boundaries will be obtained. Failing that, the sites selected will be located in the immediate vicinity and will be operated as annexes of these Na- tional Cemeteries. Newly acquired property will be converted to gravesite use as quickly as pos- sible. Periods ranging from eight months to a year may be necessary to complete this conversion. PAGENO="0414" 410 Thiitt~?i ~`tatt~ti (!uurt af Pwprzth' FOR THE DISTRiCT OF COLUMBIA CIRCUIT No. 20,737 SYLVIA H. THOMPSON. Appellant V. CLARK M. (`LIFFORD, as Secretary of Defense, et a!., Ap pellees Appeal from the United States District Court for the District of Columbia Decided December 1 3, 1 968 Mr. Lawrence Speiser, with whom Messrs. John E. Hoff- man and William Warfield Ross were on the briel. for appel- lant. Mr. James A. Strazzella, Assistant United States Attorney, with whom Messrs. Darid G. Brcss, United States Attorney, and Frank Q. Nebeker, JHseph M. Hannon and A. Lee Fentress, Jr., Assistant United States Attorneys were on the brief, for appellees. Before FAHY, Senior Circuit Judge, and BURGER and ROBINSON, Circuit Judges. ROBINSON, c'ircuit Judge: This appeal challenges the authority of the Secretary of the Army to bar interment of the remains of Robert G. Thompson in a national ceme- PAGENO="0415" 411 tery. Thompson saw action during World War II in the Pacific Theater, where his "extraordinary heroism" won the Distinguished Service Cross2 and approval for a battlefield commission as an officer. Before the commission could he effectuated, Thompson was disabled by malaria and tuber~ culosis contracted during service in New Guinea. This con dition led to his honorable discharge and an award of war- time disability compensation. After Thompson's death in 1965. appellant, his widow. had his body cremated and requested burial in Arlington National Cemetery. Appellant supplied all information required, the Army gave its official approval, and arrange- inents were made to convey the decedent's ashes to their final resting place. It was then- eight days before the inter- ment date-that a story appeared in the press announcing the projected burial and~ recounting Thompson's post-war difficulties with the law. Subsequent to his discharge from the Army, Thompson was convicted under the Smith Act ~ of conspiracy to advo- Appellees arc the Secretary and Deputy Secretary of Defense, the Secretary of the Army and certain of its personnel, and the Superin- tendent of Arlington National Cemetery. Successors to officials, orig- inally named as parties. who are no longer, in office are proper!~ hefore us as appellees. F.R.A.P. 43(c)(l). 2flie citation accompanying the award read: "For extraordinary heroism in action near Tarakena, New Guinea, on January 11 , 1 943. Volunteering to lead a small patrol in an attempt to establish a foothold on the opposite shore, Staff Sergeant Thompson swam the swollen and rapid Konembi River in broad dav~ light and under heavy enemy fire. Armed only with a pistol and hand grenades, he assisted in towing a rope to the other shore where he remained under cover of the bank and directed the crossing of his platuon. Staff Sergeant Thompson then led the platoon against two enemy machine-gun emplacements which dominated the crossing, and wiped them out. The success of this action permitted the advance ot the entire company and secured a bridge-head for the advance of the tollowing units." ~i8 U.S.C. § 2385. PAGENO="0416" 412 3 cate the violent overthrow of the government of the United States, and was sentenced to imprisonment for three years. After the Supreme Court affirmed his conviction,4 he absconded, and for this he wasconvicted of criminal con- tempt. ~ An additional term of four years was imposed, to run consecutively to the original sentence.6 The post mortem publicity linking Thompson. the hero, with Thompson. the pariah, created an immediate stir. A member of Congress denounced the plan for his burial in Arlington Cemetery as "misplaced bureaucratic idealism."7 On the day following, the Army notified appellant that the matter was under review. With doubt as to whether the then existing Army regulation purported to foreclose con- summation of the plan, the Army promptly amended it to clearly cover the situation.8 Simultaneously, the Army announced that both the old and the new regulations oper- ated to defeat appellant's project,9 and on the next day apologized to her for "any distress you may have had because of conflicting advices." Appellant then brought suit in the District Court ~`r declaratory and injunctive relief, and there, as here, the controversy centered upon the pertinent legislative and administrative specifications. 10 At the time of Thompson's 4Sub norn. Dennis v. United Statc~, 341 U.S. 494 (1951 1. affirming 183 F.2d 201 (2d Cir. 1950). ~18 U.S.C. § 401. 6United States v. Thompson, 117 F.Supp. 685 (S.D.N.Y. 1953). aff'd, 214 F.2d 545 (2d Cir.), cert. denied 348 U.S. 841 (1954). See also United States v. Thompson, 261 F.2d 809 (2d Cir. 1958), cert. denied 359 U.s. 967 (1959). Thompson actually served a total of five years and one month. 7i1 2 Cong.Rec. 904 (196b) (remarks of Representative Bennett). 8See text infra at note 14. 9See note 1 8, infra. `°Appellees also filed in the District Court a motion to dismiss the action as one requiring but lacking the consent of the United States. PAGENO="0417" 413 death in 1965 and for many years previously, Congress had authorized the burial of hOnOral)ly discharged soldiers in national cemeteries. "Under such regulations as the Secre- tary of the Army may . . . prescrihe~" read the statute in force in 1965, the remains of persons within described cate- gories "may he buried in national cemeteries."1' One of these categories embraced "~a~ny . . . former member ol the Armed Forces who served on active duty . . . and whose last such service terminated honorably `~ 12 The Secretary of the Army. however, had promulgated a regulation, in vogue when Thompson passed away. prohibit- ing interment in a national cemetery of "[a I person other- wise eligible . . . who is convicted . . . of a crime or crimes, the result of which is . . a sentence to imprisonment for 5 years or more." ~ In an obvious effort to avoid a contest as to whether Thompson's three- and four-year sentences constituted "a sentence . . . for 5 years or more" within That point, upon which the~ District Court did not rule, is reasserted here. however. appellant's claim is that the Secretary of the Army exceeded his staWtuiy powers in promulgating and applying the cxciii- siunaiv tegulations, and that his co-appellees gave those regulations credence in. their official activities: and the relief appellant seeks would confine them all within the ambit of lawful authority. We accordingly ieject appehlees' argument on this score. Dugan v. Rank. 372 U.S. 60~, 621-22 (1963): Ma/one v. Bowdoin, 369 U.S. 643. 647 (1 °62). ~ ~uridt~ such regulations as the Secretary of the Army may. with the approval of the Secretary of Defense, prescribe, the remains the following persons may be buried in national cemeteries: "(1) Any member or former member of the Armed Forces who served on active duty (other titan for training) and whose last such service terminated honorably." 24 U.S.C. § 28 1. `21d. person otherwise eligible for burial in a national cemetery who is convicted in a Federal. State. or United States military court of a crime or crimes, the result of which is the loss of United State' citizenship or nationality., a sentence of death, or a sentence to imprisonment for 5 years or more will not be buried in a national cemetery 30 Fed.Reg. 8996 (1965). PAGENO="0418" 414 5 the meaning of that provision, the Army's newly-formulated regulation, to which we have adverted, 14 stated that those convicted of Smith Act violations would be denied the burial privilege, and that "[s]eparate sentences served consecutively and which aggregate 5 years or more are disqualifying." 15 With the facts substantially undisputed, the District Court entertained cross-motions for summary judgment and ruled in appellees' favor. Focusing upon the statutory language "the remains of the following persons may be buried ill national cemeteries," ~ the court felt that "The word `may' is significant. The section does not provide that the remains of the following persons shall be entitled to be buried in national cemeteries. A different situation would be presented if such phrase had been adopted by Congress." 17 Thus, said the court, the statute conferred upon the Secretary the right and the election to permit the burial of such persons as he deems proper, by regulation. of anyone in the variutis classes enumerated in the statute. It does not give ~1 `4See text supra at note 8. l5~~(3) Persons ineligible fur burial: (i~ -\ person otherwise eligible for burial in a national cemetery but who `~`:is convicted in a I ederal, State, or U. S. military court of a crime or crimes, the result ui which was the loss of United States citizenship or nationality, a sentence of death, a sentence to Imprisonnw~t for 5 ~ears or more, or in the case of any offense involving suhvcrivc activity lisied in (a) of this subdi- vision, any sentence, will not he buried in a national cemetery. "(a) The offenses involving subversive activities referred to [above] are those offenses for which punishment is prescribed . . . in the following provisions of title 1 8, United States Code: sections 792 2385 I'The Smith Act']. `ib) - - . Separate sentences served consecutively and which aggre- gate 5 years or more are disqualifying 31 Fed.Reg. 2834 (1966): 32 C.F.R. § 553.I8(hX3) (1968). `6See note 11, supra (emphasis supplied). 17Emphasis supplied. PAGENO="0419" 415 vested right to every member in each of the classes enumerated in the statute. It follows, hence, that the Secretary may adopt regulations determining as to who shall he entitled to he buried iii national cemeter- ies provided he does not extend that privilege to any- one who is not deemed, eligible by the statute." The court further held that the Army's conclusion that Thompson's consecutive sentences constituted "a sentence to imprisonment for five years or wore" was "a reasonable construction" of the regulation existent at lhompsons death, and that retroactive, application of the amended reg- ulation was permissible. 18 We do not share the District Judge's confidence that the mere contrast of "may" and "shall" isolates congres-. sional intent respecting the Secretary's administrative au- thority in this area. or resolves the question whether the choice as to Thompson's burial in a national ceme- tery lies with the Army as well as with his widow. "Nlav" ordinarily connotes discretion,'9 but neither in 8The court, as well as the Secretary of the Arm~, relied upon ~tfl O~Wi()fl o the then Attorney General expressing the view that `ihe Secretary of the Army would be justified~ under the applicable statute and regulations, in refusing to permit the decedent's remains to he interred in a national cemetery." As the Attorney (;eneral intet- preted the law. the Secretary of the Army has "the authority, by r':cnl:it ion, to prescribe standards ot'.eligihility for burial in a national cemctcry." Moreover, it was the judgment of the Attorney General ttidt ~~it could reasonably be concluded that Thompson was. within the meaning of [the 19651 regulation [note 1 3, supra] , `convicted in a Federal . . . court of a crime or crimes, the result 01 which was a sentence to imprisonment for 5 years or more ftc Attorney (;ei~cral also advised that the sentence aggregation provision in the Secretary's amended regulation, note 15. supra, could be invoked as a ban on Thompson's burial in Arlington Cemetery. and found "no occasion for sepaiate discussion oh the provision therein excluding Smith Act violators. `9Farniers & Iiferchants Bank v. Federal Resen'e Bank, 262 U.S. 649. 662 (1923): Luck v. United States, 121 U.S.App.D.C. 151. 155-56. 348 F.2d 763, 767-68 (1965): Lansdown v. Fans, 66 F.2d 939. 941 (8th Cm. 1933). PAGENO="0420" 416 7 lay2° nor legal2' understanding is the result inexorable. Rather, the conclusion to be reached "depends on the con- text of the statute. and on whether it is fairly to be pre- sumed that it was the intention of the legislature to confer a discretionary power or to impose an imperative duty."22 The tactor looming largest upon examination of the instant problem is the obviously beneficent objective of the statute at bar. For honorable duty in the Armed Forces, Congress has bestowed upon defined classes of veterans and their families the values associated with eternal rest in a national cemetery. By this and a number of other benefits, the Nation but strives to repay those whose service safe- guards her very existence. Courts have traditionally read laws of this character liberally,23 with a view to spreading 20"Wherc the sense, purpose, or policy of a statute requires it, may as used in the statute will be construed as must or shall: otherwise may has its ordinary permis:ive and discretionary force." Webster's New International Dictionary (2d ed. 1942). 21See the cases cited infra note 22. 22United States v. Theman, I5~ 1.5. 353. .359 (1895,). See ,iko Ballou v. Kemp, 68 App.D.C. 7. It) ~2 F.2d 55~, ScQ(1937); Whale,i Paper & Pulp Mills v. Davis, 53 App.D.C. 84,. 86. 2S~ F. 438, 440 (1923). But see 11cc/it (v'. `~. Bow/es, 321 U.S. 321, 326-27 (1944) (holding that the use of "may" and "shalL r: the same sentence of a statute implies that each was used purposefully). 23Portcrv. Aetna (`as. & Sur. (~`., 370 U.S. 159, 162 (1962) (dis- ability benefits); United Statcc v. Zazoi'e. 334 U.S. 602, 610-1 1 (1948) (insurance); Fishgold v. Sullivan DrvJ'ck & Repair corp., 328 U.S. 275, 285 (1946) (employment tenure); Walton v. Cotton, 60 U.S. (19 how.) 355, 358 (1856) (pension); Philippine Nat'! Bank v. United States, 112 U.S.App.D.C. 126, 1 28. 300 F.2d 718, 720 (1962) (insurance): United States v. Philippine Nat'! Bank. 110 U.S.App.D.C. 250. 251-52, 292 F.2d 743. 744-45 (1961) (insurance); Flanagan v. Young, 97 U.S.App.D.C. 119, 125, 228 F.2d 466, 472 (1955) (employment preference): Boone v. f-nrc Wort/i & D. Ri., 223 F.2d 766, 770 (5th Cir. 1955) (employment tenure); Mann v. cro~vell- (`oilier Publishing cc., 239 F.2d 699, 701 (6th (ir. 1-)56) (employ- ment tenure); In re Avson, 14 F.Supp. 488. 489 (N.D.Ill. 1936) (naturalization). See also Lawrence v. Sha%t', 300 U.S. 245, 250 (1937); carter v. United States, No. 20,694 (D.C.Cir. July 26, 1968). PAGENO="0421" 417 8 the boon broadly unless the legislature has manifested a desire to dole it out narrowly. We arc unable to detect any reason why the very same considerations should not fully obtain here. So it is that we find that the context of the statute summons the likely probability that Congress imposed upon the Secretary of the Army a nondiscretionary obligation respecting the burial of' honorably (lischarged veterans. We now proceed to explore the statute's legislative and admin- istrative history for evidence of such weight as might dispel that probability. Then. confronting plain indications of congressional purpose supporting appellants thesis, and the conspicuous absence of thOse factors in the development of' the regulations as would normally cause us to defer to the Secretary's construction of a statute he administers, we conclude that Congress conferred upon the decedent a right to burial in a national cemetery unconditioned by the Sec- retary's exercise 01 judgment. Because the Secretary lacked ~O\\ ci to exclude llioinpsoii's remains from interment in a ii:itloiial cemetery, 24 and wi [bout reaching other issues ~We confine our review and our decision, as we must, to the issues as defined by the administrative ruling under attack. "l he grounds upon which an administrative order must be judged are those upon witch he record discloses that is action was based.'' SEC v. ( 7u~ur~ Corp., 31 ~4 U.S. &), ~7 ( ~43). See also Burlington Truck United States, 371 U.S. I So, I 6~-69 (1 %2)~ American Truck- ing Ass `its v United States, 364 U .S. 1, 1 4 (1 960)~ Texas Gas Tra,is- missi `n Corp. v. S/ic/i Oil Co., 3o3 U.S. 2o3, 270 (1960). The refcr~ ence of record to the Secretary's grounds is contained in the Army's letter to appellant c(nhrming the Army's conclusion "that the ashes of your late husband . . . may not he buried in a national cemetery" and stating that " [tJ he basis for this determination is set forth in the opinion h~ the Attorney General." See supra note I ~. The Attorney General viewed, as the sole bases for the Secretary's action, the pr visions of the I ~65 and 1 966 regulations withdrawing the burial pri~ lege from those convicted of crimes resulting in a sentence ol live years or more, and to these provisions we are confined on this appeal. We note, however, that there are two other proscriptions contained in the regulations which the Secietary thus discarded as predicates for PAGENO="0422" 418 9 tendered, we reverse the District Court's judgment and remand the case for further proceedings. The / ~ 72 and I ~ 7~ Cemeteri' -1 ets Nation d cemeteries were given birth in 1 862 when Congress granted powei to the President to purchase land "to he used as a national cemetery for the soldiers who shall die in t IW ~ervftc Of t lie country. a provision appar- ently lini ted in scope to burial of those (lying on active do tv in Civil War campaigns. A decade later. ho~ ever. Congress twice enlarged the class of eligibles, first in 1 872: all soldiers and sailors honorably discharged who may die in a destitute condition, shall he allowed burial in the national cemeteries. "26 his action. First, the 1 ~66 regulations refuse burial to those convictet under the Smith Act. as was Thompson. See note 15. supra. Second. both the 1965 and I 96( rcgulat ions deiiv that privilege to those coti- victed of crimes "the result of ~~hiicli is the loss of fflT ci States citizenship or natiouahit\. Like is successor. oñ Stat. 2n~~ )52), S U.S.C. § l4S~I(a)(Q). Section 4U1(h 11 the Nationahtv Act of 54 Stat. 11(9 (1 940). provdes Ioi 0 -.\ ut nati ~.iht. Upon conviCt R! for "attempting by force it' over iw . the Linted Stat e~' aud the gravamen of Thomp~rs Snii.i Ii Act offense was coipi -v to advocate the violent oVeiti w of i 1. i :eJ Statcs eovernni.it the past. the Army apparerltl\ took rite r n that Con: had made vet erans who 1 st t heir c .:nsl p rid igibic i o ni al Sec text intth at tiotes 9°- 104. But. .~c the Attorue~ Generals pr ii never mentioned the loss of n. I onal it\ pr\ ision. aid expres-1\ dis- claimed reliance on the Smith Act pruvr:i ;~. the' are hev.md lie purview of this litigation. ~` A n adniiisi rativd oider cannot he upheld unless the grounds upon which the aeencv acted i cxercisrng its powers were those upon wirch its acOot can he stistaiued." .LC v. chenerv corp., .supra. SI S S. at 95. I lìti. ye do lot pass iipt.ii -uchi quest oils as whet her (~ !igress nude to neit tic ~ it~cI gible I or burial. or undertook tt) take .iwav Thmp~ o'~ citlic ~h p csnlp:It c (8 Stat. I 14o (1954), or whether, fit di, such a tori e: .rc l zenship could he corist itutionahlv accomplished. See 1!r `-in. v. l~iik. 387 U.S. 253 (1 *7): kcnnedi- v. lknd:a-4!arline:. ~72 I .`- -44 (1963): Trop v. Dulles. 356 U.S. ~o I ~5H. 2512 Stat. 59~s (IS(2). 26 ~ Stat. 202 (1 872) (emphasis suppled). PAGENO="0423" 419 10 and then in 1873: honorably discharged [servicemen I who served durinc. the late war iuav be buried in any national cemetery . tree of cost and their graves shalt receive the same (`are and attention as the graves of those already buried. 27 Appelices argue that the shift in language from ``shall'' to ``may'' represents a concomitant shift in meaning. By their in terpretal ion, I lie 1 872 stat ute insured the burial of' all ad ye \Cr\'iCctiIefl dying destitute. while the I 873 act. though broadening eligibility, made the privilege wholly dis- eretiotiary. One has lit tie difl'iculty, however, in discerning the circumstances that eradicate suf)port f'or this position. It seems clear from the language of the 1 873 statute that Congress, in extending the cemetery benefit to those vet- er:tns who could at'f'ord burial elsewhere, hardly intended to dis~ipa te t he benefit as to those who could not. Certainly we would expect that had Congress willed that incongruous c~u t I ~ on 1(1 have spoken much more clearly 28-just as it hd done previhuslv and recently - in the formulation of other cg;slation designed to care for deserving cx~service- men I a 1 85 1 , when (`ongress established a Soldiers' Home retired and disabled Army veterans,29 it not only k'iined `!i~zibilit `~ hut also explicitly directed the auto- ~ usi~n of otherwise eligible persons who had been 0 )t : ~ ci ed of elonies, and conferred administrative discre- tion to exclude others on the basis of express standards. 31 27 -, - / stat. ((b (1 ?`~ I.,) (emphasis supplied). ~ JIc1t''riu.~' v. Haniniel, 311 U.S. 504. 510-11 (1941); United Statc.v v. R tan, 2M U.S. 1 67, 1 75 (1 03 1). cj: FTC v. Jantzen, Inc., 38o t.LS. 22~'. 23o (1067). ~`~24 t, S.C. ~ 4) .1024 t .S.('. ~ 40. 50. "The 1ettet'as :1 the Soldters' I tome shalt 1101 be extended to aTl\ `;idier a the regular or volunteer service, convicted of felony or otn~'r di~,.icetul 0! nfaiiiutis crimes of' a civil nature after his admis- 50)0 !;to the `.erv!ce of the Uiiit~'d Statc~: not' shall any one who has PAGENO="0424" 420 11 To us, the contrast between the two regulatory schemes is glaring. Other historical facts cast further doubt on any reading of the 1 873 cemetery statute as a grant of wide discretion- ary powers to the Secretary of the Army. The administra- tion of the cemeteries did not become the Secretary's fufl~tion until three ~ cars later. 32 Not until 70 years after that was there a delegation of authority to establish admin- istrative regulations. ~. There is no evidence of administra- tive exclusion of anyone br more than a half-century following the 1 873 enactment. ~ and Congress has never set standards for administrative exclusion.35 We are unable to find that the indefeasible burial privilege Congress gave in 1872 became administratively defeasible in 1 873.36 been a deserter, mutineer, or habitual drunkard be received, without such evidence of subsequent service, good conduct, and reformation of character, as is sat isfactorv to the Commissioners." 24 U.S.C. § 50. 32Not until 1876 was maintenance ot national cemeteries turned over to the Secretary of the Arm~. 9 Stat. 99 (1 87b). ~~ô8 Stat. 234 (1 948). See note 43. mjra. and accompanying text. 34The chief of the Memorial D1V1~ion of the Qua termaster Corps was unable to determine whether :i policy of excluding felons existed prior to 1906, and Ii is :h of the records bet ween 1 906 and 1 926 produced no ~~ritten evideice ~f ~ pci. ! that effect. The earli- est denial of burial on tiw basis of a fek~~ conviction that lie found occurred in 1927. Thus. whether ot there were exclusions before 1 906, the 21 -year hiatus between I 906 and 1 927 indicates~ that the modern-day practice 01 excluHig felons had an independent start in 1927. The national cemeteries were established in 18o2. note 25, supra, and appellees relv'heavily on the act of 1 873, note 27, supra. 35Coinpare the statutor~ materials quoted or cited at notes 11 , 35. 26 and 7, supra, and note 44. infra, :itid accompativing text. 36We conclude similarly as to legislation enacted ii 1920, upon which appellees place reliance. (`ongress then updated the law so that citizens who served with the armed forces of countries alied ~ith the United States would he eligible for burial in national militar~ cettie- teries. 41 Stat. 552 (1920). This addition distinguished between veterans who had served the United States during wartime or had died destitute after peace,~imç service.~n the orw 1~it~1. and United States PAGENO="0425" 421 12 The 1948 cemeteries Act Without statutory authority, the Army had long extended burial privileges to members of the immediate families of eligible veterans.37 It had also, since 1927, denied some otherwise eligible veterans the privilege because of convic- tion of crime. The latter course, pursued initially on an ad hoc basis, became the subject of an administrative regula- tion in .1947.38 In 1 948, the Secretary requested congressional approval of certain practices initiated by him over the years in the oversight of the national cemeteries. Particular emphasis was placed upon the Secretary's long established custom of extending burial privileges to selected class~s not made eli- gible by statute.39 In a recommendation for confirmatory action in that area, Secretary of War Patterson implored Congress to enact "enabling legislation for the burial in national cemeteries of all members of the armed forces who die in the service or after having been honorably discharged theret'rom, together with~members of their immediate fami- lies as specified therein, provided such burial is desired."4° citizens who had previously served with the forces of a wartime ally, on the other. Those within the first class became eligible for burial simply upon production of honorable discharge papers, but the consent of the Secretary of War was made prerequisite to burial of those fall- ing within the second class. Without legislative history available to enlighten us-and there is none-we fail to see how this legislation helps appellees' position. Rather, if it has any significance at all, it seems to add substance to appellant's argument. 37"The authority for the burial of wives and widows was granted in 1 890 and for minor children and unmarried adult daughters in 1904 and 1908, respectively~. This authority was granted by the then Secretary of War, upon advice of the Judge Advocate General of the Army, in view of family relationship." FIR. Rep. No. 1678, 80th Cong., 2d Sess. 2 (1948) (letter from Secretary of War Patterson). 38Office of The Quartermaster General, National Cemetery Regula- tions ¶ 22.d (1947). See note 45, infra. 39H.R. Rep. No. 1678, 80th Cong.. 2d Sess. 2-3 (1948). 40S.Rep. No. 903, 80th Cong., 2d'Sess. 1 (1948). 85-382 0 - 73 - 28 PAGENO="0426" 422 13 With little debate4' on the matter, Congress passed the 1948 amendments in substantially the same form requested: 42 "[B]urial in national cemeteries of the remains of the following classes of persons is authorized under such regulations as the Secretary of the Army may prescribe:43 "(a) Any member or former member of the armed services of the United States whose last service ter- minated honorably, by death or otherwise; "(b) [A]ny citizen of the United States who, during any war in which the United States has been, or may hereafter be engaged, served in the armed. forces of any government allied with the United States during such war, and whose last service termi- nated honorably by death or otherwise; and "(c) [T]he wife, husband, widow, widower, minor child, and, in the discretion of the Secretary of the Army, unmarried adult child of any of the persons enumerated in (a) and (b), herein. . . . "u Appellees would have us believe that these modifications subjected, for the future, eligibility for burial to regulations issued by the Secretary. This contention suffers fatally 41The Senate version, which both houses of Congress adopted after amendment by Representative Kean. was passed without objection. 94 Cong. Rec. 1689-90, 5195, 5300 (50th Cong., 2d Sess. 1945). 421n explaining one aspect of the bill. Senator Butler, its sponsor, stated: "In the past, the custom has been to permit burial of the wife of a serviceman in a national cemetery in anticipation that sometime his body would be placed alongside hers. . . . It is a custom that has been followed by the Department for a Jong time, but it has been done without definite legal authority. The Department wishes to continue the custom which has prevailed in the past, but to have definite authority for doing so." 94 Cong. Rec. 1690 (1948). 43This statute contains the first grant of authority to the Secretary of the Army to promulgate regulations concerning burial in national cemeteries. ~~62 Stat. 234 (1948). PAGENO="0427" 423 14 from the complete lack of any evidence that Congress knew of the Army's past exclusionary practices.45 In contrast to the full explanation of the policy regarding burial of ser- vicemen's families, the Army never told Congress that duri'ng a 20-year period it had turned down some statutory e1i~ibles. We cannot hold that the grant to the Secretary of power to make regulations approved a policy of which Congress was not aware.46 Nor can we accept appëllees' argument that the grant of rule-making authority deputized the Secretary to restrict statutory eligibility at will. If, indeed, Congress had so intended, its detailed specification in the statute of the classes of persons entitled to burial served considerably less than its normal purpose. It is historically more accurate to 451t has not been shown that either the Army's exclusionary prac- tice or the cemetery regulations issued by its Secretary were made available to Congress at the time the 1948 changes were pending. The general cemetery regulations Were not published in the Federal Regis- ter until after the passage of the 1948 revisions. See 16 Fed.Reg. I I 914-1 8 (195 1). The regulation excluding felons was not published until the following year. See 17 Fed.Reg. 4482-83 (1952). Moreover, the reports of both Houses of Congress mirror the lack of understanding that exclusion of felons had sometimes played a role in the Army's interment practice. Secretary Patterson's letter-seeking legislation enabling burial "of all members of the armed forces who die in the service or after having been honorably discharged there- from" and their immediate relatives, text supra at note 40 (emphasis added) constituted practically the entire Senate report. S. Rep. No. 903, 80th Cong., 2d Sess. (1948). The House report is even clearer: "It is a long-established custom to grant the privilege of burial in national cemeteries to all members of the armed forces who die in the service or after having been honorably discharged therefrom. . . . This bill gives statutory authority for practices followed for many years." HR. Rep. No. 1678, 80th Cong., 2d Sess. 1 (1948) (emphasis sup- plied). 46United States v. (`alarnaro, 354 U .S. 351, 359 (1957) Helvering v. New }ork Trust so., 292 U .S. 455, 468 (1934); Pacific Power & Light (~. v. FPC. 87 U.S.App.D.C. 261, 264, 184 F.2d 272, 275 (1 950): J'ishgold v. Sullivan Drvdock & Repair Corp., 1 54 F.2d 785, 790 (2d Cir.), aff'd 328 U.S. 275 (1946). PAGENO="0428" 424 15 say that in extending burial rights to servicemen's relatives, Congress put an end to administrative improvisation in eli- gibility to the extent that it had been informed of it. We think it clear that what Congress did in 1948 was to recognize previously ineligible groups which the Army was admitting to the cemeteries, to consent to their burial therein in the future, and to grant the Secretary power to make housekeeping regulations.47 This conclusion is rein- forced by the fact that Congress expressly delegated to the Secretary discretionary authority over burials within one- but only one-of the statutorily eligible classes.48 In the face of that explication, we do not read into the statute a grant of discretion over all.49 The 1959 Cemetery Act The latest revision of the legislation under scrutiny occurred in 1959, and the interment privilege was then enlarged once more,5° consistently with the "major purpose 471t was, of course, highly necessary that someone oversee the national cemeteries. Nothing could he more natural than for Congress to delegate that responsibility, and to confer it upon the Secretary of the Army, with power to promulgate regulations for that purpose. This administrative task in~.dves a myriad of housekeeping details. The 1 947 regulations cover 53 printed pages, only four of which deal-almost entirely by explication of' the statutory provisions--with eligibility for interment. On the other hand, another six pages are devoted solely to specifications for privately procured monuments. Office of the Quartermaster General, National Cemetery Regulations (1947). 48"[B]urial in national cemeteries of the remains of the following classes of persons is authorized under such regulations as the Secretary of the Army may prescribe: . . . (c) the wife. husband, widow, wid- ower, minor child, and, in the discretion of the Secretary of the Army, unmarried adult child of any of the persons enumerated in (a) and (b) herein 62 Stat. 234 (1948). 49See Hecht Co. v. Bowles, supra note 22, 321 U.S. at 326-27; Farmers & Merchants Bank v. Federal Reserve Bank, 262 U.S. 649, 663 (1923): United States v. Thoman, supra note 22, 156 U.S. at 360. 5073 Stat. 547 (1959), 24 U.S.C. § 281, quoted in part supra note 11. PAGENO="0429" 425 16 to broaden the categories of those eligible for burial in national cemeteries. "SI There appears to have been little dispute over the additions; there were no hearings, and both the Senate52 and the House53 reports reflected general agreement ~ in that objective. There is nothing to indicate that in 1959, any more than in 1948, Congress was made aware that the Army had barred convicted felons from the cemeteries. And although it was in 1959 that the statutory reference to the Secretary of the Army, preceding the specifications of eligibility, was cast in its current form,55 the legislative history is barren of any reason for the change. Because, however, the felony exclusion incorporated in the Army's 1947 regulations56 was published in the Federal Register in l952,~~ appellees urge that the 1959 amend- ments reinforced the Secretary's power to perpetuate that exclusion. For this they rely on the canon of statutory constructio.n that reenactment without change after a course of administrative interpretation is tantamount to legis- lative ratification of the interpretation.58 As we have ~` H.R. Rep. No. 1117, 86th Cong., 1St Sess. 1 (1959). See, pro- viding similarly, S. Rep. No. 382, 86th Cong., 1st Sess. 1 (1959). 52S.Rep. No. 382, 86th Cong., 1st Sess. (1959). 5311.R. Rep. No. 1117, 86th Cong.. 1st Sess. (1959). 54There was some debate on the floor of the House when the bill was presented. Representative Gross was concerned that this amend- ment would too greatly expand the number of persons who could be interred in national cemeteries. The bill's sponsor, Representative Aspinall, predicted that there were relatively few individuals who would be included in this new group of those eligible for burial. See 105 Cong. Rec. 18416 (1959). 55'iinder such regulations ãS the Secretary of the Army may, with the approval of the Secretary of Defense, prescribe 73 Stat. 547 (1959). 24 U.S.C. § 281, quoted in part supra note 11. 56Note 38, supra. 57Note 46, supra. 58E.g., Commissioner v. Estate of Noel, 380 U.S. 678, 682 (1965). PAGENO="0430" 426 17 indicated,59 "[t}he rationale of that canon must be, either that those in charge of the amendment are familiar with existing rulings, or that they mean to incorporate them,"6° and no evidence appears that the felony exclusion rule came to the attention of Congress. Additionally, the 1959 revisions were meant to "broaden," not narrow, "the eligi- bility requirements for burial in national cemeteries,"6' and in congressional understanding existing eligibility was unaf- fected by conviction for crime.62 Under these circum- stances, we see no basis for concluding that the statutory changes in 1959 amounted to an affirmation of the Army's policy of rejecting felons. The 1962 and 1965 hearings In the course of congressional hearings in 1962 and 1965, a version of the Army's felony exclusion regulation appeared in one of the House documents. Appellees contend that this regulation was specifically brought to the attention of Congress and that no question was raised as to its validity, with the result that Congress ratified the Secre- tary's interpretation of the statute as a grant of power to bar felons though otherwise eligible. Thus appellees at this point rely upon inaction, rather than on action as they pre- viously did,63 as the source of legislative approval of the administrative technique under assault, and they do so without avail. Legislative si1en~c cannot mean ratification 59Note 46, supra. 60Fishgold v. Sullivan Drydock & Repair Corp., supra note 46, 154 F.2d at 790. 61Text supra at note 51. 6211., practically identical language the Senate and i-louse reports state the understanding that existing law authorizes the burial in national cemeteries of "any member or former member of the armed fr~rces . . . whose last service terminated hondrably by death or other- wise." S. Rep. No. 382, 86th Cong.. 1st Sess. 1 (1959); FIR. Rep. No. 1117, 86th Cong., 1st Sess. 2 (1959) (emphasis supplied). 63Text supra at notes 45-46, 55-62. PAGENO="0431" 427 18 unless, as a minimum, the existence of the administrative practice js brought home to the legislature.64 Appellees' argument65 fails because a review of the 1962 and 1965 hearings shows plainly that Congress was not adequately informed that the Secretary was excluding from burial any- one made eligible by statute. For the 1962 hearings, held by the Subcommittee on National Parks of the House Committee on Interior and Insular Affairs,66 a background report was prepared. That report, Committee Print No. 15-"Data on National Ceme- t~ries,"67 focused, as did the hearings,68 on the overall problem created by the fact that the number of persons eli- gible for burial exceeded by millions the number of avail- able grave sites. The Subcommittee wished to examine possible solutions to this problem, such as opening more cemeteries or curtailing, the categories of persons entitled to the privilege.69 Its chairman, at the opening of the 64D. C'. Federation of Civic Ass `ns v. A iris, No. 21 ,4 16 (D.C. Cir. Feb. 15, 1968). Compare the cases cited note 46, supra. 65ln the cases cited by appellees and in others involving ratification h acquiescence, principal reliance was placed upon the circumstance that the disputed administrative practices were specifically brought to the attention of Congress in hearings. Power Reactor Dev. C'o. v. Cnzon of Flee. Workers, 367 U.S. 396, 408-09 (1961); ~`ory corp. v. Sauber, 363 1.1 .S. 709, 71 2 (1 960); Norwegian Nitrogen Products Co. v. United States, 288 U.S. 294, 3 13-14 (1933), or were systematically reported to Congress over a period of time. Rose v. McNamara, U.S.App.D.C. _, 375 F.2d 924, 928-29, cert. denied 389 U.S. 856 (1967). 66Hearings on NationalCemetery Policy Before the Subcomm. on National Parks ol the House Comm. on Interior and Insular Affairs, 87th Cong.. 2d Sess., ser. 18 (1962) [hereinafter cited as 1962 Hear- ings1. 67House Comm. on interior and Insular Affairs, 87th Cong., 2d Sess., Data on National Cemeteries (Comm. Print No. 15, 1962) [hereinafter cited as Committee Printj. 681962 Hearings at 1-4. 691d PAGENO="0432" 428 19 hearings, asked the witnesses to "confine their testimony to the general situation"7° and, as might be expected, the felony exclusion rule, affecting only a small number of cases, was not brought up in testimony or questioning. Correspondingly, Committee Print No. 15 barely touched Ofl the felony exclusion. Only the then current regulation, comprising one short paragraph, appeared in the midst of 18 pages of background data on the subject at hand-the gap between supply and demand of interment facilities.7' On the other hand, the Subcommittee was presented much more prominently with testimony indicating that burial was well-nigh automatic. As the Army's representative at the hearings stated, in response to a question by the chairman of the Subcommittee, "[e}ligibility for burial in the Arlington National Cemetery is determined by law. We have no control over that."72 Later, in discussing the especially acute problem of lack of space in Arlington National Cemetery, Representative Taylor asked about the require- ments for burial there: "Mr. Hughes [Assistant Director for Legislative Ref- erence of the Bureau of the Budgetl I think eli- gibility relates solely to the fact of military service and an honorable discharge. "Mr. Taylor: Then any veteran, honorably discharged veteran, that desires to he buried at Arlington could, upon request, be buried there? "Mr. Hughes: Yes, sir."73 Thus, the 1962 hearings, as a vehicle to bring the Secre- tary's claim of power to the attention of Congress, stands n sharp contrast to factual situations wherein courts have f~und ratification by acquiescence.74 Given the relative 701d. at 2. 71Comrnittee Print at 5. 72 1962 Hearings at 29. ~~1962 Hearings at 69. 74See the cases cited supra note 65. PAGENO="0433" 429 I unhelpt'ulness of' the felony exclusion regulation to the hearing's inquiry, its briet' mention in a large report, the inconsistent test~mony,75 and the failure of' anybody to note the inconsistencies or even to speak of the regulation. we cannot say that its existence was brought sufficiently to the Subcommittee's attention.76 Similarly, we must reject appellees' claim that the felony exclusion policy was brought to the attention of Congress in hearings held in 1 965 by the House Committee on Interior and Insular Affairs.77 ` These hearings, lasting seven. days, concerned the activities of the Department of Interior. As that department and the Army had cooperated in the opera- tion of' some cemeteries,78 a part of one day's hearings was devoted to a briefing on national cemetery policy by an officer of the Quartermaster Corps.79 In response to a question, this officer referred to one section-not the felony exclusion section - of Committee Print No. ~8O He offered to supply ~ copy to the Committee, but there is no indica- tion that this was done before adjournment.8' The hearing proceeded to another subject, and Committee Print No. 1 5 was never again mentioned.82 The adjournment took place a short while later.83 so that even if the document was dis- `75Compare cases refusing to find ratification through reenactment where the Icgi~lature acted aftei inconsistent administrative interpreta- tiun. Lg.. Higgins v. cornniissioner, .~12 U.S. 212, 216 (1941). 7~'Sec the cases cited supra notes 46 and 64. 771learings on Policies, Programs, and Activities of the Department of' the Interior Before the Flouse Comm. on Interior and Insular Affairs. 89th Cong.. 1st Sess., ser. I, pt. 2 (1965). 781d. at 367. ~`t 35-415. 801d. at 387. 81j~j The document was reproduced in the printed versions of the hearings. LI. at 388-405. at 406. 831d at 415. PAGENO="0434" 430 21 trihuted to the Committee generally, in the circumstances it unlikely that any member would have had an opportunity ; identify the brief paragraph on felony exclusion, let `ne examine its possible significance. nally. appellees would have us find congressional ratifi- `n of the Secretary's felon exclusion practice in the ~ige since 1947 of appropriation hills for the maintenance the national cemeteries. But ratification by appropriation, less than ratification by acquiescence~ requires affirmative idence that Congress actually knew of the administrative ;~licy.84 As we said recently, "ratification by appropriation ~ not favored and will not be accepted where prior know!- edge of the specific disputed action cannot be demonstrated clearly."85 Moreover, to constitute ratification, an appro- priation must plainly show a purpose to bestow the precise authority which is claimed."86 That Congress supports financially the operation of the national cemeteries does not imply that it supports every aspect of their administra- tion by the Army.8' 11 While a "right clearly created by statute cannot be taken away by regulation."88 w1~en the statutory meaning is in doubt "[tihe interpretation p!:iced on [iti by those charged ~.ith its administration." whether or not ratified or acqui- ~4D.C Fed. of Cii'ic Assiis V. uric, supra note 64, at 6-7 and cases cited. ~Jd. at 8. ~6Ex parte Endo, 323 U.S. 283. 303 n. 4 (1944). See also Greene thLlrov. 360 U.S. 474. 504, 505 (1959): Maun v. United States, F.2d 970, 978 (9th Cir. 1965). D.C. Fed. of Ovic Ass'ns v. Airis, supra tote 64 at 7-8; cases cited ~. supra. .\rthcrn Natural Gas Co. v. OMallev. 277 F.2d 128, 134 (8th 1 960). See also United States v. Mortal? Salt Co., 338 U.S. 632, o47 (1950); Miller v. c'ommissioner, 237~ F.2d 830, 836 (5th Cir. PAGENO="0435" 431 esced in by the legislature, "must be given weight. . . . Just how much weight will, however, depend upon the presence of a number of factors which "give it power to persuade, if lacking power to control."9° Many such factors are absent here-so many as to leave us unconvinced that we should bow to the Secretary's interpretation. Administrative construction is less potent than it other- wise would be where it does not rest upon matters peculiarly within the administrator's field of expertise.9' It could hardly be suggested that the Secretary is more capable than the Con~ess to decide who should be buried in national cemeteries. Moreover, the Secretary's cx pane ruling before us is "not entitled to the weight which is accorded interpre- tations by administrative,~ agencies entrusted with the respon- sibility of making inter partes decisions."92 And an adminis- trative interpretation of a statute carries its greatest thrust "when it involves a contemporaneous construction of a statute by the men charged with the responsibility of setting its machinery in motion, of making the parts work efficiently and_smoothiy while they are yet untried and new."93 The 89Zeniel v. Rusk, 381 U.S. 1, 11(1965). 90Skidmore v. Swift & Co., 323 VS. 134, 140 (1944). 91Social Security Bd. v. Nicrotko, 327 U.S. 358, 369 (1946); Skid- more v. Swift & Co., supra note 0Q~ 323 U.S. at 1 39; ICC v. Scrvice Trucking Co.. 186 F.2d 400, 402 (3d Cir. 1951). 92Fishgold v. Sullivan Drvdock & Repair Coip., 328 U.S. 275, 290 (1946). See also Skidmore v. Swift & Co., supra note 90, 323 U.S. at 139. 93iVont'egian Nitrogen Co. v. United States, 288 U.S. 294, 3 15 (1933). See also Power Reactor Dcv. Co. v. Union of Elec. Worker,', supra note (3. 367 U.S. at 408. "Authority actually granted by the Congress cannot evaporate through lack of administrative exercise. But just as established practice may shed light on the extent of power conveyed by general statutory language. SO the want of assertion of power by those who would presumably be alert to exercise it, is equally significant in determining whether such power was actually conferred." FTC v. Bunre Bros., 312 U.S. 349, 352 (1941). PAGENO="0436" 432 23 Army's felony exclusion policy was initiated 65 years after the national cemeteries were established, and 54 years after the passage of the act which appellees claim first gave .them discretion over eligibility for burialY~ Equally important. the reasoning behind the felony exclu- sion policy sounds more like administrative invention-wit- ness the extension of burial privileges to relatives95 -than statutory construction. `Administrative determinations must have a basis in law" and their force depends heavily on the validity of the reasoning in the logical bridge between statute and regulation.96 Here, although the Army has asserted the power to exclude otherwise eligible veterans since l927~~ and has promulgated regulations to that effect since 1947,98 the basis upon which it relied for this power remained at best obscure until this litigation arose. The administrative * history of the felony exclusion provides us with but four clues: two statements by the Assistant Secretary of War written in 1 927 and 1 928, a letter transitted to the Ameri- can Legion in 1 944. and a study by the general counsel of the Quartermaster Corps in 1 950. And we find that only one document, the letter to the American Legion, evinces a definite attempt at statutory interpretation. Replying to an inquiry from the American Legion, the Army, on August 17. 1944, wrote: "The fact that powers long have been unexercised well may call for close scrutiny as to whether they exist: but if granted, they are not lost by being allowed to lie dormant United States v. Morton Salt C'o., supra note 88, 338 U.S. at 647. 94See note 34, supra. 95See text supra at note 39. 96Social Security Board v. Nierotko, supra note 91, 327 U.S. at 369. See also Skidmore v. Swift & C'o., supra note 90, 323 U.S. at 140; Jewell Ridge Coal ~o. v. Local 6167, UMW, 325 U.S. 1 61, 169 (1945). 97Note 94. supra. 98Note 38, supra. PAGENO="0437" 433 24 "[Riegarding the burial in a national cemetery of an honorably discharged World War I veteran who subse- quently committed a felony and died in a State Peni- tentiary, please be advised that the policy of the Department is to deny burial to such veterans for the following reasons: "1. The prerequisites for burial in a national ceme- tery are that the deceased must be a citizen of the United States and must have served his country honorably; "2. A person who~commits a felony is not considered as having served his country honorably and, upon his commitment to a penitentiary, loses his citizen- ship thereby depriving him of all privileges of a citi- zen, including burial in a national cemetery and the furnishing of a Government headstone to mark his grave." This response, badly misreading the statute, makes several critical errors of law. Congress made an "honorable dis- charge" from the Armed Forces, not subsequent service of one's country "honorably," a prerequisite for burial. The words are sir~ilar, but obviously the meanings are very dif- ferent. There is no statutory requirement that veterans of the Armed Forces of the United States seeking burial in national cemeteries be áitizens:99 and aside from the ques- tioii whether such a condition could be read into the stat- ute. felons do not, as a general rule, lose their citizenship.'°° The same errors are also reflected in the earlier 1 928 statement by the Assistant Secretary of War. He wrote that where an otherwise eligible veteran "committed an offense which resulted in his conviction of a felony and confinement in a penitentiary (and forfeiture of his citizenship), that fact would serve to forfeit his right to burial in a national cemetery." Thus he too apparently saw commitment to a penitentiary as necessarily depriving a veteran of citizenship 99See 24 U.S.C. ~ 281(aXI), quoted in part supra note 11. `00See Afro vim v. Rusk; Kennedy v. Mendoza-Martinez; Trop v. Duties, supra note 24. PAGENO="0438" 434 25 and robbing him of burial rights by legal forfeiture, not by exercise of the Secretary's discretion.'°' The Army's 1950 policy and legal study apparently con- tinued to interpret the cemetery statute to reject nonciti- zens, but recognized that conviction for a felony generally does not deprive one of citizenship. The Nationality Act of 1940102 and its successor'03 did, however, purport to revoke the citizenship of those convicted of desertion in wartime, treason, or attempt to overthrow the government. Corre- spondingly, from this study emanated a decision to deny burial in cases Where loss of citizenship resulted from con- viction of any of these crimes. We need not decide whether such a regulation would be valid, or would serve to exclude Thompson, because conviction for a. crime resulting in loss of citizenship was not the basis for the Secretary's action.'°4 But it is clear that the reasoning evolving in the 1950 study in no way supports a rule excluding all felons, or a rule keyed to the length of the felon's sentence. Whether or not a result of the 1 950 study, when the 1947 cemetery regulations first appeared in the Federal Register in l951,'°~ the provision excluding felons was 101 Only a fragment of the 1927 statement appears in the record. In a deposition submitted by an official of the Quartermaster Corps, we are told:. "On 21 June 1927. a request was made for permission to bury in Arlington National Cemetery the remains of an honorably discharged veteran awaiting execution after having been convicted of rape. The Quartermaster General recommended to the Assistant Secretary of War that the individual be refused burial in Arlington National Ceme- tery or any other national cemetery by reason of his felony convic- tion, albeit he was otherwise entitled to such burial. This recommen- dation was concurred in by the Assistant Secretary of War on the ~n~unds of the peculiar atrocious nature of the crime for which he v~tll he executed. For this reason, the remains of this veteran were \cluded from burial in Arlington National Cemetery." 10254 Stat. 1169. `°~8 U.S.C. § 1481(aX9). 1 04See note 1 5, supra. `05Note 45, supra. PAGENO="0439" 435 26 omitted. Then in 1952, inquiry was made as to the eligibil- ity for burial of an individual awaiting execution in a state penitentiary. According to an affidavit submitted on behalf of appellees, "the Secretary of the Army directed the prepa- ration of a regulation for immediate adoption which would prevent such individual from being interred in a national cemetery. . . ." The changed regulation,106 in essence, barred burial of persons convicted of any crime the result of which was loss of United States nationality or the niaximum pen- alty for which was death or fifteen years or more imprison- ment." The record indicates nothing as to the authoriza- tion, if any, the Secretary relied upon in promulgating this regulation. In sum, we discover weaknesses in the proffered adminis- trative construction that would in any event militate against its acceptance. More crucially, we find from the cited evi- dence a course of action: for which the administrators some- times gave fallacious justifications, and at other times no justification at all. These circumstances in combination lead us to the conclusion that, to the extent that the Army's exclusionary practice purports to construe the congressional specifications for burial in national cemeteries, it is entitled to no weight in this litigation. III By congressional command, "[amy . . . former member of the Armed Forces who served on active duty . . . and whose last such service terminated honorably" may be buried in a national cemetery.'°7 The question we have addressed is whether a soldier honorably discharged after active duty can, for later conviction of felony, be denied that privilege "tuindersuch regulations as the Secretary of the Army may . . . prescribe."108 The statutory language, `06Note 45, supra. `°~24 U.S.C. § 281, qubted in part supra note 11. 1O8j~j PAGENO="0440" 436 27 read liberally, foretells a negative answer, and the legislative history of the statute, as we have seen, strongly supports that answer.'°9 We conclude that Congress did not empower the Army to determine who are or are not worthy of inter- ment in national cemeteries. Robert G. Thompson served actively in the Army for nearly two years, and earned his honorable discharge. Though he later became a felon, he remained an honorably discharged veteran of the Pacific campaigns. We hold that the Army could not properly prevent burial of his remains in a national cemetery. In so deciding, we do not intimate that Congress sought thereby to condone criminality. We discern only an absence of congressional purpose to superimpose upon the criminal law a forfeiture of the burial privilege as an added deterrent to antisocial activity. Within the limits of the Constitution, it is for Congress to weigh the gains and losses consequent upon a deprivation of civil privileges as a method for regu- lating conduct. But where Congress has willed that course, it has spoken in unmistakable terms."° And here, very significantly, we think, it did not do so. We reverse the judgment of the District Court, and remand the case for further proceedings not inconsistent with this opinion. Rei'ersed and remanded. FAHY, Senior Circuit Judge, concurring. I concur fully in the thoughtful and learned opinion of Judge Robinson for the court. The Constitution places the control of these `°9And see United States v. United Verde Copper Co., 196 U.S. 2u7. 215-16 (1905); Morrill v. Jones, 106 U.S. 466 (1883). ``°Compare 5 U.S.C. § 2282(aXl) (forfeiture of annuity or retired : 24 U.S.C. § 50. quoted supra note 31 (forfeiture of benefits of Soldiers' Home); 38 U.S.C. § 3505 (forfeiture of ~eteran's benefits); 4.~ U.S.C. § 402(u) (forfeiture of social security benefits). PAGENO="0441" 437 28 properties of the United States in the Congress: The Congress shall have power to dispose of and to makeall needful Rules and Regulations respecting the Territory or other Property belonging to the United States; U.S. Const. art. IV, § 3. Thus, the executive branch of the Government has only such authority over the national cemeteries as is delegated to the Executive by the Congress. It was natural for the Congress to delegate to the Secretaries authority to formu- late regulations for~ the maintenance and administration of the cemeteries. In doing this the Congress at the same time described the persons whose remains could be buried there. The remains of Robert G. Thompson come within the per- Sons described. The Secretaries accordingly lack authority to exclude them. The grant to the Secretaries of regulatory authority essential to the maintenance and administration of the cemeteries would seem to demonstrate that this responsibility of the Secretaries is not one to create classes which exclude the remains of some of those whose remains have been designated in the same legislation as eligible for burial. The problem of legislative ratification is fully covered by Judge Robinson. To support the position of the Secretaries on this branch of the case would extend the theory of rati- fication to cover prior legislative approval of unknown, and unratified, classifications from time to time made by the Secretaries within the particular classifications the Congress has itself made by duly enacted Iegislatibn. BURGER, Circuit Judge, concurring in part and dissenting in part.' I cannot join iii the reasoning of the court that "the Secretary lacked power to exclude Thompson's remains from interment in a national cemetery . . . [because] . Congress conferred upon the decedent a right to burial * . . unconditioned by the Secretary's exercise of judgment." 85-382 0 - 73 - 29 PAGENO="0442" 438 29 Congress, on the contrary, specifically provided that the right was conditioned by "such regulations as tile Secretary of the Army may . . . prescribe . . . ." 24 U.S.C. 281. I suggest that the majority is simply substituting its personal views of public policy for the policy decisions of the Legis- lative and Executive branches of government-and unneces- sarily so because of narrow grounds to the same end. Neither the language of the statute nor its legislative history warrants the majority's conclusion. I would reach the result achieved by the majority on the narrow ground that the Secretary made an overly and unnecessarily broad interpretation of his own regu- lation governing those sentenced to 5 year prison terms. The rationale behind such cut-off points is traditionally to single out those offenses which are so serious that they result in long-term sentences. To cumulate sentences as the Secretary does here brings within the scope of the regulation those individuals who, although they have been sentenced for substantial terms, have no single sentence of 5 or more years. I have very grave doubts that an exclusion can be justified by adding up the total of sentences to bring a case under the five year provision. I would therefore remand tile case to the Secretary with directions to reconsider his action in light of our view of his dpplication of the regulation to separate sentences, each of which was for less than 5 years. PAGENO="0443" 439 Senator THURMOND. Our next witness is Col. Herbert M. Houston, Veterans of World War I. STATEMENT OF HERBERT M. HOUSTON, DIRECTOR OF NATIONAL LEGISLATIVE SERVICE OF VETERANS OF WORLD WAR I OF THE U.S.A. INC., ACCOMPANIED BY L B. KOCH, FLOYD E. HENDERSON Mr. HousToN. I have accompanying me our national commander J. B. Koch, and our national adjutant, Floyd Henderson. Senator THURMOND. I would like to put your full statement in the record. Mr. HousToN. Would you be pleased to, Mr. Chairman. I could sum- marize and submit the text or some of the highlights of the bill, be- ginning with our support of S. 2025. I might touch on some of the highlights of the statement. Senator TIIURMOND. You are not going to go over your whole state- ment, are you? You can read the whole statement or give additional comments. No use to have the record show the entire statement twice. Mr. HousToN. Yes. We based our statement on the resolutions of the finding of the U.S. Veterans Advisory Commission. We reiterate the testimony just given by the Legion and the VFW with reference to the statements made as to abuse of burial plots. We have no evidence, only complaints on this, but it~ is widespread throughout the country and we would like the Congress to take action on this. The statement is brief, sir, and I don't think that in view of the time that it would be profitable to comment on it unless the chairman has some questions he would like to ask. Senator THURMOND. As I understand, the Veterans of World War I favor the bill that has been introduced by Senator Hartke and me? Mr. HOUSTON. Yes, we do support this bill. There are modifications we call attention to, with reference to burial allowances, for burial in civilian cemeteries. We are concerned with the more impoverished of our number, by virtue of the fact that their cemeteries are so far away from their homes, they cannot be interred there and cannot use their own local cemeteries. Senator THURMOND. Do you favor a national cemetery in each State? Mr. HOUSTON. I woudn't say in each State, sir. We do have a number of States in which we have resolutions that ask for a cemetery in that particular State. Our recommendation calls for the investigation by the Veterans' Administration of interment where they are most needed. In the metropolitan area, particularly in the Southern part of the United States, Florida, Texas, Arizona, California, those other areas critically needed. I have been in some of the areas where ceme- teries are closed. For instance, in California they are sending bodies to Oregon for burial, this, in our opinion, is tragedy. Senator THURMOND. Bodies from California to where? Mr. HOUSTON. Oregon for burial. And the families can't even ac- company the bodies. That needs to be corrected. Senator THURMOND. It would be cheaper for them to just buy a plot near their home than have to take bodies clear up to Oregon. PAGENO="0444" 440 Mr. HOIJSTON. iRight. For that reason we are asking for increas~ in allowance, we have asked for a $150 allowance to buy a plot near the home where they may be buried, that the national cemetery be within 50 miles of the veteran We know this cannot work in every case because men might live 200 miles out in the wide open spaces, where there would be no justifi- cation of a cemetery. Senator THURMOND. All right. We are glad to have you here Mr. Houston and glad to have the commander, too. `We appreciate your testimony and you may rest assured that it will receive a most careful consideration by the committee. I am very much interested in the `World War I veterans. They have been fading away fast, they won't be here too much longer and I feel special consideration should be given to them. I thank you very much. (The prepared statement of Herbert M. Houston follows:) STATEMENT OF HERBERT M. H0I55TON, DIRECTOR, NATIONAL LEGISLATIVE SERVICE, VETERANS OF WORLD WAR I OF THE U.S.A., INCORPORATED Mr. Chairman and members of this committee, we are pleased to have this opportunity to appear before you to express the views of the Veterans of World War I of the United States of America on matters relating to the National Cemetery System. Speaking in behalf of our National Commander, Mr. J. B. Koch, and our organization we desire to express views our organization has held for many years, regarding our National Cemeteries. It has appeared to our organization that a diffusion of legislation and admin- istrative policy on National Cemeteries has led to the lack of a clear policy on the present and future of National Cemeteries, resulting in insufficient cemetery capacity in many areas for those veterans eligible for interment therein. At our last National Convention, resolutions were received and adopted from a number of States asking for addition to existing cemeteries where in some instances land is available, to become a part of a cemetery now open, or closed for additional burial space, or the establishment of new cemeteries in areas where the need is, in our opinion, apparent. We do not come here presuming to imply that we have a formula for solving this very complex problem. We do, however, wish to call to your attention the recommendations of the U.S. Veterans Advisory Commission of 1967, wherein the consensus of presentations made to regional and national meetings is set out in Recommendation 26 of the Commission's report to the Administration of Veterans Affairs'. It was my pleasure, Mr. Chairman, to serve as a member of this Commission and heard the testimony from over the Nation which was the basis of the recommendations made in the U.S. Vetei~ans Advisory Commission Report to the Administrator of the Veterans Administration. In part, Recommendation 26 said, ". . . The Veterans Administration, which is organized to administer the affairs of veterans, is the most logical choice for administrating cerneterial activities relating to the interment of veterans." In addition, the Commission said that it, . . . firmly believes that the existence of veterans burial allowance should not be compromised by the existence of any other burial or death benefit, public or private. Specifically, the Veterans Advisory Commission recommended the following: that the entire Federal Cemetery function, with the exception of the Department of Interior Cemeteries, be re-assigned to the Veterans Admin- istration: That. w'ithout delay. the Administrator of Veterans Affairs conduct a study of methods of providing burial grounds for all veterans convenient to their homes; That Arlington National Cemetery be reopened to all eligible veterans until it is completely filled; . . . that the burial allowance not be denied to any veteran because of the existence of any burial or death benefit, public or private. PAGENO="0445" 441 President Lyndon B. Johnson, in his message to the Congress of January 30, 1968 on America's Servicemen and Veterans announced: "Every Veteran who wants it-those who risked their lives at Belleau Wood, Iwo Jima, and D. M. Z., should have the right to burial in a National Cemetery situated reasonably close to his home." Mr. Chairman, the Veterans of World War I subscribes to this philosophy, and by adoption of resolutions for a number of years mandates us to ask for the implementation of these recommendations, with the following modifications: The Advisory Commission asks for an exception to the Department of Interior. We have stated previously that another exception be extended to the Battle Monuments Commission for overseas~ cemeteries, memorials and monuments for the reason these are in fact monuments, and not a place for present interment. Another modification is with regard to burial allowance. The Commission recom- mends that the burial allowance be increased to $400.00; $100.00 of which shall be reserved for payment toward a gravesite for those not buried in National Cemeteries. Our current recommendation is that the burial allowance be in- creased to $400.00 plus $150.00 be allowed toward the purchase of a burial lot. Our reason for this modification is because of the increased cost of burial lots, and funeral expenses. We receive numerous complaints that an unscrupulous practice is now being carried on regarding so-called "free" burial lots, which we are led to believe is nothing better than a racket. Unfortunately, we cannot document this charge so we only report the complaints in the hope another source may have more documented evidence on the subject. It is our opinion, Mr. Chairman, that the importance of the National Cemetery installations cannot be measured by the current limitation, but that it can only be measured by the entitlement which Congress has bestowed upon veterans. We further believe that the National Cemetery system must conform to this principle unless the intent of Congress and the will of the Nation is to be thwarted. Senator THURMOND. Our next witness will be Senator Hansen who is a member of this committee. I am sure he will like to make a state- ment in support of his bill, 5. 134. You may proceed, Senator Hansen. STATEMENT `OF HON. CLIFFORD P. HANSEN, A U.S. SENATOR FROM THE STATE OF WYOMING Mr. Chairman, I am delighted that the Veterans' Affairs Commit- tee, of which I am proud to be a member, is holding hearings on 5. 134, legislation which I cosponsored with Senator McGee to establish a national cemetery in the State of Wyoming. It is important that this committee which has responsibility for seeing that this Nation's veter- ans are treated fairly and equitably is addressing itself to the national cemetery problem. It is important that we continue the tradition of the national cem- etery for these American men and women who have served and con- tinue to serve our Nation. These individuals give so much of them- selves and it is only fitting that the Nation provides our veterans with a final resting place among others who have also served their Nation., Grave concern has been expressed in recent years over the diminish- ing space in national cemeteries. This fact has led to recent charges that veterans have been swindled by persons playing on the fact that national cemetery space is diminishing. It is my hope that this committee through its hearings today will provide the Congress with a solution to this problem. It is essential that national cemeteries be located at reasonable intervals throughout the Nation to insure that every veteran will have the opportunity to benefit from the national cemetery system. For this reason, I am co- sponsoring S. 134, legislation to establish a national cemetery in the State of Wyoming. PAGENO="0446" 442 The State of Wyoming has a land area of 98,000 square miles. How- ever, the nearest national cemetery is located in Colorado. It is my hope that the Congress, acting on the advice of the Veterans' Affairs Committee, will face up to the national cemetery problem and, in doing so, will enact 5. 134. Senator THnRMOND. Thank you Senator Hansen for a very fine statement. We will now hear from the other Senator from Wyomrng, Senator McGee in support of the same legislation, S. 134. STATEMENT OP HON. GALE MCGEE, A U.S. SENATOR PROM THE STATE OP WYOMING Mr. Chairman, I appreciate the opportunity to appear before your committee this morning to testify in behalf of my bill, S. 134, which would establish a national cemetery in the State of Wyoming. I also understand that you are considering S. 2052, which I have joined in sponsoring, to establish a national cemetery system within the Veterans' Administration by consolidating those cemeteries now under the jurisdiction of the Department of the Army and the Veterans' Administration. Your committee is to be commended for its interest in this important need of our veterans. I am vitally concerned about the nationwide shortage of national cemetery facilities. The need for additional cemeteries to fulfill our pledge to veterans is well documented. Statistics compiled by the De- partment of the Army reveal that there are 85 national cemeteries operated by that Department and of that number over 30 are now closed for future interments due to lack of space. In the next 10 years it is estimated that another 14 of these will be closed; and in the next 30 years an additional 36 will have reached the saturation point. Despite the increasing demand, there has been no expansion of the national cemetery system for many years. This situation is even more critical in my State of WTyoming and the Rocky Mountain region. The State of Wyoming has no national cemetery within its borders. In fact, the eight-State Rocky Mountain region, which consists of Montana, Idaho, Wyoming, Utah, Colorado, Nevada, Arizona, and New Mexico, has only two national cemeteries which are administered by the Department of the Army. One is located at Fort Logan in Denver, Cob., and the other at Santa Fe, N. Mex. Mr. Chairman, this situation effectively denies to most of our veter- ans the opportunity to take advantage of an important benefit which has been promised them. Only at great hardship and expense can Wyoming veterans be buried in a national cemetery. which, in most cases. is located far from their homes and their loved ones. S. 134 provides that the location of the proposed national cemetery will be in Casper, Wyo. It was no easy decision to choose this partic- ular site within my State. Many communities across the State are anxious to have a national cemetery located nearby. After giving care- ful consideration to all possible locations, it is my judgment that the entire veteran population could be served best by the central location which Casper offers. Furthermore, this location is at a midpoint be- tween the two veterans hospitals in Sheridan and Cheyenne, Wyo. There is an abundant supply of federally owned land which could be utilized at no cost for acquisition by the Federal Government. PAGENO="0447" 443 Mr. Chairman, if Congress approves S. 2052, to establish a new national cemetery system. and I hope that we do, the same careful con- sideration should be given to the location of new national cemeteries so as to eliminate the geographic maldistribution which currently exists. It is for this reason that I have introduced S. 134 and appear here this morning to urge that your committee favorably consider my bill to establish a national cemetery in Wyoming. Again, Mr. Chairman, thank you for considering my bill, 5. 134, and for the opportunity to appear in its behalf. Senator THURMOND. Thank you, Senator McGee. The Chair now recognizes Senator Stevens of Alaska, who will testify in behalf of his bilL 5. 235. STATEMENT OP HON. TED STEVENS, A U.S. SENATOR PROM THE STATE OP ALASKA Mr. Chairman, it is a very great privilege for me to be able to testify before you in support of 5. 235, my bill to provide for the establishment of the post cemetery at Fort Richardson, Alaska, as a national cemetery. I introduced this bill for the first time shortly after becoming a Senator in the 91st Congress and have reintroduced it in this Congress. The citizens of Alaska have never hesitated to step forward when their country has called. The service record of Alaska's veterans is long and distinguished, ranking proudly with any State in the Nation. However, many veterans of my State are being denied one of the basic privileges that all veterans in this Nation receive. This is the privilege to be buried in a national cemetery. This problem has arisen because many national cemeteries were es- tablished with insufficient provision for future interments. In this cent ery we have watched our population swell and shift westward. These men and women have served by the hundreds of thousands in the Pacific and Southeast Asia and have returned to civilian life in areas far from the historic concentration of national cemeteries. Each year the numbers of veterans increase, yet the space in our national cemeteries has not expanded for two decades. Cemeteries still open to veterans and their families are often hundreds of miles from their homes. In 1966, for example, burials in the Golden Gate National Cemetery near San Francisco numbered 6,309. It was the second most active national cemetery in the United States. That cemetery closed in 1967 and California veterans must now apply to national cemeteries in Oregon, Colorado, or New Mexico. There are no more national ceme- teries open in California. Only three national cemeteries remain in service for the 11 Rocky Mountain Pacific Coast States. This is be- cause the Nation's cemetery policy has been one of hindsight, of pro- tecting but not of planning. George Washington called `our obligation to the veterans "the price of their blood and of our independency; it is * * * more than a com- mon debt; it is a debt of honor." Yet, hard facts have tarnished our payment. There is an inequitable distribution of existing cemeteries; a wide variation in the size of instaflations; a heavy concentration of workload in a cornparati~rely small number of cemeteries; and a great disparity between the number of persons eligible for burial and the gravesites available. PAGENO="0448" 444 The Veterans Advisory Commission has determined that if the rate of burial in national cemeteries should continue as it did in fiscal years 1963-65, all developed gravesites will be filled by 1974 and the now- developed acreage will be exhausted before the year 2000. But they conclude that this rate cannot be maintained because of the recent cbs- rng of many urban cemeteries. Veterans in metropolitan areas and in many rural areas are increasingly denied reasonable access to a na- tional cemetery. By not expanding our cemetery program, we have conserved the remaining space, but at the price of denying thousands of veterans their privilege. The veterans of America need a solution now, one which will combine imagination with foresight and turn our vision from the past to a plan for the future. The present policy of non- expansion is one which can result only in the eventual closing of all our national cemeteries. Currently, there is one national cemetery in Alaska, located in Sitka which is 500 miles away from the largest city in the State and accessi- ble only by air or by sea. This works an extreme hardship and expense upon the families of many veterans who wish to bury their loved ones in a national cemetery. If the widow and orphans wish, from time to time, to visit the shrine, they are burdened by the inconvenience and expense of a long journey. Transportation costs are high, and the final resting place of most veterans is far from their loved ones. Alaska is a huge State, over one-fifth the size of the entire United States. Travel over much of the State is difficult at best, expensive, and at certain times of the year, impossible. At other times, travel by air or sea is extremely dangerous. For an area as large as Alaska, having only one national cemetery is a very great hardship on our veterans and their families. The Sitka Cemetery is adequately located for citi- zens of southeastern Alaska but very much removed from the citizens of the central and south-central areas. The situation is the same as if the people of Los Angeles had to bury their loved ones in Sacramento and then were only able to visit the cemetery by air or boat. I think the inadequacy of the present situation is evident. There are formidable obstacles in the path of most efforts to expand our available cemetery space. There is the high cost of land and the far greater expense of converting it to cemetery use. For a decade, the policy has been to provide cash burial payments to veterans to ease the press on cemetery space. But burial in a national cemetery is a unique and perpetual honor for which a subsidized private burial can- not compensate. Every veteran deserves the honor of burial in a na- tional cemetery if lie so chooses. The need for an additional national cemetery in Alaska is clear. For several years there has been discussion of establishing a new national cemetery in central or south-central Alaska to better serve the large population of the railbelt area. The unused portions of military forts and bases near our urban areas are particularly attractive. One or more military cemeteries could easily be converted to national cemeteries. Fort Richardson, near Anchorage, has undeveloped space for many ad- ditional gravesites. Conversion of the Fort Richardson post cemetery to a national cemetery would enable it to fulfill a dual function with- out high acquisition and development costs. Consequently, I have introduced 5. 235 which would designate the existing post cemetery at Fort Richardson, Alaska, as a national ceme- tery. The cemetery facilities already exist there, and it is a matter of PAGENO="0449" 445 little or no money and a minor administrative change to provide the veterans of this area with a national cemetery within reach of their homes. The people and veterans of Alaska are extremely interested in see- lug that a centrally located national cemetery is established in Alaska. The State legislature passed a resolution calling for the establishment of a national cemetery in the Cook Inlet-Tanana Basin area of Alaska and veterans organizations in the State have expressed their whole- hearted approval and support for such a measure. Mr. Chairman, at this point I would like to insert a letter I re- ceived from Mr. John Sweet, the legislator who proposed the resolu- tion, explaining why the death of a neighbor prompted him to do so. Along with Mr. Sweet's letter, I would like to insert the resolution itself, official notice of authentication, and letter of transmittal. I feel that it is both desirable and feasible to designate the existing facility at Fort Richardson as a national cemetery. This is a simple thing to do, but it would have the greatest benefit for thousands of veterans in my State. I hope that the Congress will see fit to accord these veterans the same rights and privileges that veterans in all the rest of the Nation receive. The veterans of Alaska should have access to a proper national cemetery, convenient to their homes and loved ones. Mr. Chairman, I have requested several knowledgeable and inter- ested Alaskans to submit their views for the record also. In order that they may do so, I request that the record at this point remain open for the customary period of time. Thank you very much for permitting me to express my views on this most important matter. Senator THURMOND. Without objection, it is so ordered. (The material referred to follows:) ALASKA HOUSE OF REPRESENTATIVES, COMMERCE, HEALTH, WELFARE AND EDUCATION, Juneau, Alaska, April 16, 1969. Hon. TED STEVENS, U.S. Senator, Senate Office Building, Washington, D.C. DEAR SENATOR STEVENS: The first session of the Sixth State Legislature passed a House Joint Resolution having to do with a National Cemetery in Alaska. I introduced this resolution encouraging the Federal Government to establish a National Cemetery in the Cook Inlet area. Our brethren in Fairbanks amended it to include the Tanana Valley. This idea was not new with me, but I introduced the resolution as a result of frustrated burial plans for a neighbor who was killed on the Wien Consolidated F-27 last fall. Mrs. Britt knows the background which prompted me to get interested in this question. Because Alaska is so big and because so much of our population is concentrated in the Cook Inlet area I certainly think we need a National Ceme- tery in that area. I hope you will agree and that you will be able to find time for this in your busy schedule with everything else. If I can be any assistance, please do not hesitate to let me know. Sincerely, JOHN Sw~nT. AUTHENTICATION The following officers of the Legislature certify that the attached enrolled bill, CS for House Joint Resolution No. 1 am. consisting of one page, was passed in conformity with the requirements of the constitution and laws of the State of Alaska and the Uniform Rules of the Legislature. Passed by the House February 7, 1969. PAGENO="0450" 446 JALMER M. KERTTULA, Speaker of the House. Attest: CONSTANCE H. PADDOCK, Chief Clerk of the House. Passed by the Senate February 26, 1969. BRAD PHILLIPS, President of the Senate. Attest: BETTY HANIFAN, Secretary of the Senate. Action by Governor: Approved by the Governor March 5, 1969. KEITH H. MILLER, Governor of Alaska. STATE OF ALASKA, SECRETARY OF STATE, Juneau, May 14, 1969. Hon. TED STEVENS, U.S. Sen4Ate, Old Senate Office Building, Washington, D.C. DEAR SENATOR STEVENS: At the request of the Alaska State House of Repre- sentatives and the Alaska State Senate, I am transmitting the enclosed House Joint Resolution No. 1, Relating to the designation of national cemetery sites in the Cook Inlet and Tanana River Basin areas of Alaska. Sincerely, ROBERT W. WARD, Secretary of State. ALASKA STATE LEGISLATURE, 1969 Source: CSHJR 1 am JOINT RESOLUTION Relating to the designation of national cemetery Sites in the Cook Inlet and Tanana River Basin areas of Alaska. Be it resolved by the Legislature of the State of Alaska: Whereas there are several thousand veterans of Alaska w-ho are eligible under federal law for interment in a national cemetery; and Whereas there is only one national cemetery in Alaska, located in Sitka, and so far removed from the most populous portion of the state; and Whereas the substantial savings in transportation and burial expenses result- ing from the designation of sites in the Cook Inlet and Tanana River Basin areas of the state would considerably enhance the interment benefits to w-hich an Alaska veteran is entitled; be it Resolved That the Secretary of the Army is requested to designate national cemetery sites in the Cook Inlet and Tanana River Basin areas of Alaska. Copies of this Resolution shall be sent to the Honorable Richard M. Nixon, President of the United States; the Honorable Stanley R. Resor, Secretary of the Army; the Honorable William Driver, Administrator for the Veterans Ad- ministration; and to the Honorable Ted Stevens and the Honorable Mike Gravel, U.S. Senators, and the Honorable Howard W. Pollock, U.S. Representative, mem- bers of the Alaska delegation in Congress. [Telegrami JUNEAU, ALASKA. Hon. TED STEVENS, U.S. Senate, Old Senate Office Building, Washington, D.C. The American Legion Department of Alaska strongly favors and supports the passage of S. 235 w-hich authorizes the Secretary of the Army to establish a national cemetery at Fort Richardson, Alaska. The American Legion in Alaska has been in favor of such action since w-e became a State. In the State of Alaska there is presently a national cemetery at Sitka which we believe according to PAGENO="0451" 447 present statistics, that it can only be of service until 1975. I cite as follows: The Sitka National Cemetery has used 480 burial plots. There are 136 remaining plots and only 66 plots can be utilized because of terrain conditions such as rock formations, etc. For the past 2 years 32 veterans have been buried, 15 in 1970 and 17 in 1971. If the trend continues we believe, that the burial capabilities of the Sitka National Cemetery will be exhausted by 1975. Therefore we strongly support the passage of S. 235 and ask your sympathetic consideration. JOSEPH BRI0NES, Department of Adjutant Service Officer, The American Legion of Alaska. The Department of Alaska, Veterans of Foreign Wars of the United States, during their midwinter conference held in Juneau, February 20, 1972, unani- inously reaffirmed their position supporting the establishment of a national cemetery at Fort Richardson, Alaska. This department passed a resolution during the 1969 State convention advocating that the highest priorities be given the establishment of a national cemetery in this location. We feel there is a definite immediate need for adequate burial space for Alaska's veterans. The Sitka Na- tional Cemetery is the only one in the State and has space for only 179 more burials. At the time of position of their original resolution at the latest report there are space left for only 67. The Richardson Cemetery has adequate space consisting of nearly 20 acres with only 8 having been developed to date. And its location is accessible to the bulk of Alaska's population. Louis F. FIORELLA, The Department Adjutant. ANCHORAGE, ALASKA, March 7, 1972. Hon. TED STEVENS, U.S. Senate, Old Senate Office Building, Washington, D.C. DEAR TED: I read with great interest Senate Bill #235 which would establish a National Cemetery at Fort Richardson. I agree with the intent of this bill and commend you for taking this necessary and very thoughtful step. In my estimation, the situation in Alaska is even worse than you described in your remarks to the Senate and reported in the Congressional Record. Worse because it is much farther from Anchorage to Sitka than it is from Los Angeles to Sacramento. I have not yet made any burial plans, but I have often thought that as a veteran of World War II, I might like to be buried in a National Cemetery. At present, this would be extremely inconvenient and costly for my family to carry out such a wish because of the cost and distances involved between here and Sitka. When I was a member of the State Legislature, I was the primary author of a resolution that encouraged the federal government to take the same action which you are now recommending. This action was prompted at the time because I had a very close friend and neighbor whO was a victim of the Northern Consolidated crash at Illiamna several years ago. Although he was a veteran and had been active in military affairs and was employed by the U.S. Army Corps of En- gineers, it was impossible at the time to get permission to have him interred at Fort Richardson. The relative inaccessibility of Sitka did not make that an ac- ceptable alternative to his family. I wish you every success in obtaining the passage of this bill and if there is anything I can do to help toward this commendable objective, please let me know what it is. Most sincerely, JOHN M. SWEET. Senator THURMOND. Thank you very much, Senator Stevens. Next we will hear from Senator Cannon in support of his bill, S. 394. The committee welcomes you, Senator Cannon and you may proceed as you desire. PAGENO="0452" 448 STATEMENT OP HON. HOWARD W. CANNON, A U.S. SENATOR PROM THE STATE OP NEVADA Mr. Chairman, I am pleased to have the opportunity to appear before this distinguished committee to testify in behalf of my bill, S. 394 to establish a national cemetery in the State of Nevada. I want to commend the chairman of the committee and other mem- bers who took the initiative to have all cemetery bills transferred to the jurisdiction of this committee. In my opinion this was an action of great importance which has provided the necessary basis and foundation for reversing the present restrictive cemetery closure policy. It is generally known that the western part of the United States has few national cemeteries because they came into being during the Civil War which caused them to be placed where the battles occurred. Consequently most of the existing cemeteries are located in the East and Nevada veterans have no place within reasonable distances of their homes for burial. The urgency for this legislation is increasing because the veterans of World War II and Korea are rapidly becoming senior citizens with the attendent increasing mortality. The burial circumstances for veterans are as follows: There are presently 98 national cemeteries, 85 being operated by the Army and 13 by the Department of Interior. Of this number, 31 are full and by this I mean that if the graves are not occupied they are reserved for dependents. For example if a man's wife or dependent child dies they can be buried in a national cemetery with the under- standing that he will be buried in the same grave upon his death. During World War II we had approximately 16 million men under arms and as a result when considering their dependents we have a total of approximately 50 million people who are eligible for burial. So the need is acute and no real effort has been made to alleviate it. One of the biggest discrepancies existing today is the distribution of the present facilities. For example there are 17 national cemeteries in Virginia. The smallest being 5.6 acres in size and the largest 450 acres which is Arlington. Yet Virginia is only the 36th largest State in the Union while Nevada without any national cemeteries ranks eighth in size. Admittedly Nevada is low on a basis of population, but it is one of the fastest growing States. For example Clark County which encompasses Las Vegas and its environs has grown in the last decade from a mere ranching com- munity to a metropolis of over 300,000 people and similarly Washoe County encompassing Reno with its splendid resort areas like Lake Tahoe has likewise witnessed phenominal growth. I do not wish to denigrate any other State, I am merely pointing out the need for a cemetery in Nevada. Although five agencies of the Federal Government, the Department of the Army, the Department of Interior, the Veterans' Administra- tion, the American Battle Commission and the Department of the Navy, have responsibilities for the administration of installations in which veterans are buried, the overwhelming majority of burials today are made in installations administered by the Department of the Army where space is scarce. PAGENO="0453" 449 The Interior Department administers facilities of historical signifi- cance, principally with respect to the Civil War, and consist of six national military parks, two national monuments, two national ceme- teries, two national battlefields, and one national historical park. The Veterans' Administration has cemeteries which are not an in- tegral part of the national cemetery system. Burials are limited to patients who die in VA field stations or who are otherwise receiving medical care at VA expense or veterans who die in the vicinity of field stations having cemeteries and whose relatives cannot be located. The American Battle Monuments Commission administers World War II national cemeteries in foreign lands as well as World War I monuments. The Department of the Navy administers several ceme- terial plots. That, is the extent of our involvement in national cemeteries and the trend for their demise. is all too apparent. Unless this committee is successful in reversing the inaction of the past, national cemeteries will soon be filled and there will be no place to bury our veterans. Here is an opportunity to reverse this trend by approving 5. 394. If nothing is done, the national cemetery system will be gradually closed down. The Department of the Army is authorized to purchase land to be used as national cemeteries. The Army is authorized also to accept from any State, without cost to the United States, title to land deemed suitable for national cemetery purposes. General authority for the purchase of land for national cemeteries is provided in title 24, section 271, of the United States Code. It also provides for acceptance of lands from any State. Federal land has in the past been transferred to the Department of the Army for national cemetery purposes under authority of the Secretary of the Interior where public lands have been involved. In this respect 87 percent of the land in Nevada is federally owned. So from the standpoint of real estate, land is available at no cost to the Government. Also locations such as Las Vegas and Reno are popu- lation centers readily accessible to highways, railroads, and air trans- portation facilities. The topography is suitable and the land is not subject to flooding, neither is the water table above the 7 foot criteria established by the Memorial Division of the Department of the Army. In essence, Nevada meets all the requirements and I urge favorable consideration of 5. 394 and thank you for your attention. Senator TJTtJRMOND. Thank you Senator Cannon, for your excellent statement. Senator Beall is our next witness and he will now present his testimony in behalf of his bill, S. 2983. STATEMENT OP HON. J. GLENN BEALL, JR., A U.S. SENATOR PROM THE STATE OP MARYLAND Mr. Chairman, the veterans of this country face a critical and tragic situation today. Although many millions of veterans have served their Nation with dedication and valor, they will be unable to secure an honored place of burial in our national cemeteries. Unfortunately, we in Government must take the blame for this failure to adequately make provision for our men who gave so much in the defense of liberty. PAGENO="0454" 450 S. 2052, however, offers a vehicle to move this policy, or lack of it, off dead center, and provide for our many former servicemen who desire the honor of burial in a national cemetery. Among its provi- sions, the bill would add to the cemeteries now administered by the Veterans' Administration by transferring to the Administrator of Veterans' Affairs, the national cemeteries and all other cemeteries now administered by the Departments of Defense and Interior. It also pro- vides that the administration shall plan and establish a program of expansion, so that the capacity of such cemeteries is sufficient to permit burial of all those who would be eligible. I strongly support this legislation, for I believe that it effectively deals with a national prob- lem on a national scope. Throughout America, millions of veterans are being denied the significant right to be buried in the honored con- fines of a national cemetery. I am happy that these hearings are being held so tha.t we can get action on legislation that would correct this situation throughout the Nation. Mr. Chairman, I have also introduced S. 2983, a bill designed to au- thorize the establishment of a national cemetery for veterans in the State of Maryland. In Maryland, despite the fact that the over 516,000 former servicemen in the State have served their Nation with great distinction, they will be unable to secure an honored place of burial in a national cemetery unless we act. At the three national cemeteries in Baltimore and Annapolis where nearly 43,000 veterans have been in- terreci, the few remaining gravesites are being held only for members of the Armed Forces killed in action in Southeast Asia. The national cemetery at Antietam Battlefield also is considered closed. As a result, over one half million veterans in my State will be denied the honor of burial for themselves and their survivors in a national cemetery due to a lack of space, yet space is available. One such area as at the Veter- ans' Administration Hospital reservation in Perry Point, Md. There 92 acres have been declared excess to the need of the Veterans' Ad- ministration but still suitable for cemetery disposition. However, ac- tion is at a standstill until such time as the responsibility for the national cemetery program is fixed by Congress. That time is now. This problem, brought to my attention by representatives of vet- erans' groups throughout the State of Maryland, is very distressing. It is disappointing that men who have gave so much for their country will he denied their final wish. But such will be the case, I fear, if this committee and the Senate does not act favorably upon this legisla- tion. I believe that the great debt owned to our veterans demands that action be taken to correct this tragic situation that confronts veterans, not only in Maryland but in many other States as well, and I ask early and favorable consideration of this bill. Our veterans did not let us down when we needed t.hem; now, let us not forget them when they need us. Senator THuiu~roND. Thank you, Senator Beall. Our last witness for today is Senator Roth, who will testify in support of his bill, S. 3081. You may proceed as you wish, Senator. PAGENO="0455" 451 STATEMENT OP HON. WILLIAM V. ROTH, J~R., A U.S. SENATOR PROM THE STATE OP DELAWARE Mr. Chairman, at the beginning of this legislative session, the dis- tinguished senior Senator from Delaware (Mr. Boggs), and I intro- duced a bill, 5. 3081, to establish ,a national cemetery in the State of Delaware. In recent weeks there has been much publicity about schemes to defraud veterans by selling them ostensibly "free" cemetery lots, in actuality, the assignment of various charges and fees has made these lots far from free. These so-called "giveaways" are really "take- aways." Many veterans and their families have not only suffered finan- cial losses; they have also suffered untold mental anguish. They are the victims of a crass, acquisitive, and totally unscrupulous band of hustlers who do not hesitate to capitalize on the normal fears and apprehensions of their fellow citizens. It is a practice that makes a mockery of our great and long tradition of providing national ceme- teries as a last resting place for those who have risked and, in many cases, sacrificed their lives for their country. A stop must be put to this repugnant practice and to the victimization of these honored members of society. Not only must the perpetrators of these crimes be punished but the underlying condition which has given rise to this fraudulent activity must be erased. The unscrupulous salesmen of cemetery lots have cap- italized upon the growing doubt and concern of veterans over the fast dwindllingavailah1e~ space in national cemeteries. Will their country be able to provide them with a last r~h~ p1ace~among4he honored dead? It is important that we, as responsible members of the Govern- ment, address this problem before time and space run out. We owe it to the more than 28 million veterans in civil life to remedy the de- ficiencies of the existing arrangement. Mr. Chairman, the present inadequacies of the national cemetery system are illustrated by the fact that there is not a single national cemetery in the State of Delaware. As a representative of the State, I feel a profound sense of responsibility to Delaware's veterans. They deserve to be provided for in a manner that befits them as Americans who have rendered an important service to their country. The bill sponsored by the senior Senator from Delaware and myself will not only give Delaware veterans a last resting place close to home; it will also help to erase the conditions which have given rise to the despicable practices that I have described. Senator THURMOND. Thank you, Senator Roth. We will now recess the committee hearings until 10 a.m. tomorrow. (Whereupon, at 11:20 a.m. the hearing was recessed until 10 a.m., February 23, 1972.) PAGENO="0456"