[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29026]
[[Page Unknown]]
[Federal Register: November 25, 1994]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 553
Eligibility of Former Prisoners of War (POWs) for Interment in
Arlington National Cemetery
AGENCY: Department of the Army, DOD.
ACTION: Interim Final Rule.
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SUMMARY: In accordance with Section 1176 of the National Defense
Authorization Act for Fiscal Year 1994, Pub. L. 103-160, the Department
of the Army is amending the regulations governing eligibility for
interment in Arlington National Cemetery to include former prisoners of
war (POWs).
DATES: Effective date: November 25, 1994. Comments must be received not
later than December 27, 1994.
ADDRESSES: All comments concerning this interim final rule should be
addressed to John C. Metzler, Jr., Superintendent, Arlington National
Cemetery, Arlington, Virginia 22211-5003.
FOR FURTHER INFORMATION CONTACT:
Mr. John C. Metzler, Jr., (703) 695-3175.
SUPPLEMENTARY INFORMATION: The Department of the Army is amending 32
CFR Part 553 in accordance with Section 1176 of the National Defense
Authorization Act for Fiscal Year 1994, Pub. L. 103-160. That Section
extended eligibility for interment in Arlington National Cemetery to
any former prisoner of war who, while a prisoner of war, served
honorably in the active military, naval, or air service and who dies on
or after the date of enactment of the 1994 Authorization Act (November
30, 1993).
This rule governs eligibility for interment in Arlington National
Cemetery, an Army national cemetery which is under the jurisdiction of
the Department of the Army. Because the rule pertains to a military
function of the Department of the Army, the provisions of Executive
Order 12866 do not apply. It is hereby certified that this interim
final rule will not have a significant impact on small businesses or
governments in the area.
List of Subjects in 32 CFR Part 553
Cemeteries, National Cemeteries.
For the reasons set out in the preamble, 32 CFR Part 553 is amended
as follows:
PART 553--ARMY NATIONAL CEMETERIES
1. The authority citation for 32 CFR Part 553 continues to read:
Authority: 24 U.S. Code, Chapter 7.
2. In Sec. 553.15, paragraphs (f) through (i) are redesignated as
paragraphs (g) through (j) and new paragraph (f) is added to read as
follows:
Sec. 553.15 Persons eligible for burial in Arlington National Cemetery
* * * * *
(f) Any former prisoner of war who, while a prisoner of war, served
honorably in the active military, naval, or air service, whose last
period of active military, naval, or air service terminated honorably
and who died on or after November 30, 1993.
(1) The term ``former prisoner of war'' means a person who, while
serving in the active military, naval, or air service, was forcibly
detained or interned in line of duty--
(i) By an enemy government or its agents, or a hostile force,
during a period of war; or
(ii) By a foreign government or its agents, or a hostile force,
under circumstances which the Secretary of Veterans Affairs finds to
have been comparable to the circumstances under which persons have
generally been forcibly detained or interned by enemy governments
during periods of war.
(2) The term ``active military, naval, or air service'' includes
active duty, any period of active duty for training during which the
individual concerned was disabled or died from a disease or injury
incurred or aggravated in line of duty, and any period of inactive duty
training during which the individual concerned was disabled or died
from an injury incurred or aggravated in line of duty.
* * * * *
3. In Sec. 553.15a, paragraphs (e) through (h) are redesignated as
paragraphs (f) through (i) and new paragraph (e) is added to read as
follows:
Sec. 553.15a Persons eligible for inurnment of cremated remains in
Columbariun in Arlington National Cemetery.
* * * * *
(e) Any former prisoner of war who, while a prisoner of war, served
honorably in the active military, naval, or air service, whose last
period of active military, naval, or air service terminated honorably
and who died on or after November 30, 1993.
(1) The term ``former prisoner of war'' means a person who, while
serving in the active military, naval, or air service, was forcibly
detained or interned in line of duty--
(i) By an enemy government or its agents, or a hostile force,
during a period of war; or
(ii) By a foreign government or its agents, or a hostile force,
under circumstances which the Secretary of Veterans Affairs finds to
have been comparable to the circumstances under which persons have
generally been forcibly detained or interned by enemy governments
during periods of war.
(2) The term ``active, military, naval, or air service'' includes
active duty, any period of active duty for training during which the
individual concerned was disabled or died from a disease or injury
incurred or aggravated in line of duty, and any period of inactive duty
training during which the individual concerned was disabled or died
from an injury incurred or aggravated in line of duty.
* * * * *
Kenneth L. Denton,
Army Federal Register Liaison Officer.
[FR Doc. 94-29026 Filed 11-23-94; 8:45 am]
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