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114th Congress   }                                   {   Rept. 114-459
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                   {          Part 1

======================================================================

 
AMENDING TITLE 38, UNITED STATES CODE, TO PROVIDE FOR THE BURIAL OF THE 
 CREMATED REMAINS OF PERSONS WHO SERVED AS WOMEN'S AIR FORCES SERVICE 
                 PILOTS IN ARLINGTON NATIONAL CEMETERY

                                _______
                                

 March 21, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Miller of Florida, from the Committee on Veterans' Affairs, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4336]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Veterans' Affairs, to whom was referred 
the bill (H.R. 4336) to amend title 38, United States Code, to 
provide for the burial of the cremated remains of persons who 
served as Women's Air Forces Service Pilots in Arlington 
National Cemetery, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Subcommittee Consideration.......................................
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Correspondence.........................................     5
Committee Oversight Findings.....................................     7
Statement of General Performance Goals and Objectives............     7
New Budget Authority, Entitlement Authority, and Tax Expenditures     7
Earmarks and Tax and Tariff Benefits.............................     7
Committee Cost Estimate..........................................     7
Congressional Budget Office Estimate.............................     7
Federal Mandates Statement.......................................     9
Advisory Committee Statement.....................................     9
Constitutional Authority Statement...............................     9
Applicability to Legislative Branch..............................     9
Statement on Duplication of Federal Programs.....................     9
Disclosure of Directed Rulemaking................................     9
Section-by-Section Analysis of the Legislation...................    10
Changes in Existing Law Made by the Bill as Reported.............    10

                               Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. BURIAL OF CREMATED REMAINS IN ARLINGTON NATIONAL CEMETERY OF 
                    CERTAIN PERSONS WHOSE SERVICE IS DEEMED TO BE 
                    ACTIVE SERVICE.

  (a) In General.--Section 2410 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
  ``(c)(1) The Secretary of the Army shall ensure that under such 
regulations as the Secretary may prescribe, the cremated remains of any 
person described in paragraph (2) are eligible for inurnment in 
Arlington National Cemetery with military burial honors in accordance 
with section 1491 of title 10.
  ``(2) A person described in this paragraph is a person whose service 
has been determined to be active duty service pursuant to section 401 
of the GI Bill Improvement Act of 1977 (Public Law 95-202; 38 U.S.C. 
106 note) as of the date of the enactment of this Act.''.
  (b) Applicability.--
          (1) In general.--The amendment made by subsection (a) shall 
        apply with respect to--
                  (A) the remains of a person that are not formally 
                interred or inurned as of the date of the enactment of 
                this Act; and
                  (B) a person who dies on or after the date of the 
                enactment of this Act.
          (2) Formally interred or inurned defined.--In this 
        subsection, the term ``formally interred or inurned'' means 
        interred or inurned in a cemetery, crypt, mausoleum, 
        columbarium, niche, or other similar formal location.

SEC. 2. REPORT ON CAPACITY OF ARLINGTON NATIONAL CEMETERY.

  Not later than 180 days after the date of the enactment of this Act, 
the Secretary of the Army shall submit to the Committees on Veterans' 
Affairs and the Committees on Armed Services of the House of 
Representatives and the Senate a report on the interment and inurnment 
capacity of Arlington National Cemetery, including--
          (1) the estimated date that the Secretary determines the 
        cemetery will reach maximum interment and inurnment capacity; 
        and
          (2) in light of the unique and iconic meaning of the cemetery 
        to the United States, recommendations for legislative actions 
        and nonlegislative options that the Secretary determines 
        necessary to ensure that the maximum interment and inurnment 
        capacity of the cemetery is not reached until well into the 
        future, including such actions and options with respect to--
                  (A) redefining eligibility criteria for interment and 
                inurnment in the cemetery; and
                  (B) considerations for additional expansion 
                opportunities beyond the current boundaries of the 
                cemetery.

                          Purpose and Summary

    H.R. 4336 was introduced by Representative Martha McSally 
of Arizona on January 6, 2016. H.R. 4336, as amended, would 
ensure that the cremated remains of persons who have been 
determined to be Active Duty Service as of the date of 
enactment are eligible for inurnment\1\ with military burial 
honors in Arlington National Cemetery. Furthermore, within 180 
days after the date of enactment, the bill would require the 
Secretary of the Army to submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives and the 
Committees on Armed Services of the Senate and House of 
Representatives a report on the interment and inurnment 
capacity of Arlington National Cemetery. Such report would 
include the estimated future date that the cemetery will reach 
maximum interment and inurnment capacity. Moreover, the report 
would include the Secretary's recommendations for legislative 
actions and non-legislative options that the Secretary 
determines would be necessary to extend the cemetery's capacity 
well into the future.
---------------------------------------------------------------------------
    \1\Inurnment is generally the placement of a veteran's cremated 
remains in a columbarium or a niche wall.
---------------------------------------------------------------------------

                  Background and Need for Legislation

    Congress enacted the GI Bill Improvement Act of 1977\2\ 
(Act), which extended veterans benefits to persons who served 
as Women Airforce Service Pilots (WASPs) during World War II. 
The Act also authorized the Secretary of Defense to designate 
certain other civilian groups who provided exceptional service 
to our nation during periods of war. Since the Act was passed 
in 1977, the Secretary of Defense has recognized 35 civilian 
groups as ``Active Duty Designees.'' These Active Duty 
Designees are eligible for benefits administered by the 
Secretary of Veterans Affairs, including burial in National 
Cemeteries administered by the National Cemetery 
Administration.
---------------------------------------------------------------------------
    \2\Public Law 95-202, 91 Stat. 1433; 38 U.S.C. Sec. 106 note.
---------------------------------------------------------------------------
    However, Arlington National Cemetery is operated by the 
Department of the Army. On June 10, 2002, then-Superintendent 
of Arlington National Cemetery, John C. Metzler, Jr., issued a 
memorandum which extended eligibility for inurnment with 
military burial honors in Arlington National Cemetery to Active 
Duty Designees.
    On March 23, 2015, after the Army had conducted a review of 
Arlington National Cemetery's interment and inurnment policies, 
then-Secretary of the Army John M. McHugh issued a memorandum 
which revoked the eligibility of Active Duty Designees to be 
inurned in Arlington National Cemetery. The March 23, 2015, 
memorandum explained that the Army General Counsel's office had 
concluded that former-Superintendent Metzler did not have the 
authority to extend eligibility for military burial benefits in 
Arlington National Cemetery to Active Duty Designees. 
Furthermore, the Army General Counsel concluded that extending 
military burial benefits in Arlington National Cemetery to 
Active Duty Designees was not supported by current Federal law.
    H.R. 4336, as amended, would clarify that Congress intends 
that current Active Duty Designees are eligible for inurnment 
in Arlington National Cemetery. However, the bill would limit 
eligibility for inurnment in Arlington National Cemetery to the 
remains of a person that was not formally interred as of the 
date of the enactment.
    Furthermore, H.R. 4336, as amended, would require that the 
Secretary of the Army submit a report to better inform 
legislative proposals that would address eligibility for 
interment and inurnment in Arlington National Cemetery. H.R. 
4336, as amended, would require the Secretary of the Army to 
submit to the Committees on Veterans' Affairs of the Senate and 
House of Representatives and the Committees on Armed Services 
of the Senate and House of Representatives a report on the 
interment and inurnment capacity of Arlington National Cemetery 
within 180 days after the date of enactment. Additionally, the 
report would include the estimated future date that the 
cemetery will reach maximum interment and inurnment capacity 
and the Secretary's recommendations for legislative and non-
legislative actions that the Secretary determines would be 
necessary to extend the cemetery's capacity well into the 
future.

                                Hearings

    There were no Subcommittee or Full Committee hearings held 
on hearings on H.R. 4336.

                        Committee Consideration

    On February 25, 2016, the Full Committee met in open markup 
session, a quorum being present, and ordered H.R. 4336, as 
amended, reported favorably to the House of Representatives by 
voice vote.
    During consideration of the bill, the following amendments 
were offered and agreed to by voice vote:

          An amendment in the nature of a substitute to H.R. 
        4336, offered by Mr. Abraham of Louisiana, which 
        expanded the eligibility to be inurned in Arlington 
        National Cemetery to any person who has engaged in 
        qualified service, if the service of the person has 
        been determined to have been active duty service 
        pursuant to section 401 of the Act (38 U.S.C. 106 note) 
        as of the date of enactment of the Act. Additionally, 
        the amendment in the nature of a substitute would place 
        certain limitations on the ability of remains cremated 
        prior to the enactment of the Act to be transferred to 
        Arlington National Cemetery for inurnment.
          An amendment to the amendment in the nature of a 
        substitute offered by Ms. Brown of Florida, which would 
        require the Secretary of the Army to submit to the 
        Committees on Veterans' Affairs of the Senate and House 
        of Representatives and the Committees on Armed Services 
        of the Senate and House of Representatives, a report on 
        the interment and inurnment capacity of Arlington 
        National Cemetery within 180 days after the date of 
        enactment. The report would include the estimated 
        future date that the cemetery will reach maximum 
        interment and inurnment capacity, and the Secretary's 
        recommendations for legislative and non-legislative 
        actions that the Secretary determines would be 
        necessary extend the cemetery's capacity well into the 
        future.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, there were no recorded votes 
taken on amendments or in connection with ordering H.R. 4336, 
as amended, reported to the House. A motion by Ranking Member 
Corrine Brown of Florida to report H.R. 4336, as amended, 
favorably to the House of Representatives was agreed to by 
voice vote.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee establishes the 
following performance goals and objectives for this 
legislation:

          The Army will use this authority to inurn current 
        Active Duty Designees with military burial honors in 
        Arlington National Cemetery. The Army will also use the 
        authority granted by this legislation to submit a 
        report to determine the estimated future date that 
        Arlington National Cemetery will reach interment and 
        inurnment capacity. Furthermore, such report would 
        assist in forming policies to extend the cemetery's 
        capacity into the future.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

                  Earmarks and Tax and Tariff Benefits

    H.R. 4336, as amended, does not contain any Congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9 of rule XXI of the Rules of the House of 
Representatives.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate on H.R. 
4336, as amended, prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
for H.R. 4336, as amended, provided by the Congressional Budget 
Office pursuant to section 402 of the Congressional Budget Act 
of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 17, 2016.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4336, a bill to 
amend title 38, United States Code, to provide for the burial 
of the cremated remains of persons who served as Women's Air 
Forces Service Pilots in Arlington National Cemetery.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Dwayne M. 
Wright.
            Sincerely,
                                         Robert A. Sunshine
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 4336--A bill to amend title 38, United States Code, to provide for 
        the burial of the cremated remains of persons who served as 
        Women's Air Forces Service Pilots in Arlington National 
        Cemetery

    H.R. 4336 would expand the number of individuals who are 
eligible to have their cremated remains inurned in Arlington 
National Cemetery (ANC), and direct the Secretary of the Army 
to submit a report on the remaining capacity of ANC for both 
interments and inurnments. CBO estimates that implementing H.R. 
4336 would cost less than $500,000 over the 2017-2021 period; 
such spending would be subject to the availability of 
appropriated funds.
    Enacting H.R. 4336 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 4336 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    Public Law 95-202 deemed the service of certain groups of 
women, civilians, and foreigners who served the United States 
during World War II as active duty for purposes of eligibility 
for benefits administered by the Department of Veterans 
Affairs. Nearly 35 groups were made eligible for veterans' 
benefits through that law including: the Women's Air Forces 
Service Pilots, Signal Corps Female Telephone Operator Units, 
U.S. merchant seamen who served on blockships in support of 
Operation Mulberry, male civilian ferry pilots, and U.S. 
civilians of the American Field Service.
    Under current law, the cremated remains of groups made 
eligible under Public Law 95-202 may be inurned in all 
cemeteries under the jurisdiction of the Department of Veterans 
Affairs. Their remains are not, however, eligible to be inurned 
in ANC, which is under the jurisdiction of the Department of 
Defense (DoD). Section 1 of H.R. 4336 would allow them to be 
inurned in ANC, if they have not been formally interred or 
inurned elsewhere as of the date of enactment of the bill.
    According to DoD, because ANC has limited capacity and 
resources, increasing the pool of persons eligible to be inumed 
would increase wait times for inurnment but would not increase 
the total number of inurnments at ANC. Eligible persons would 
be inurned in the order in which requests were submitted until 
no more inurnments were possible. Therefore, CBO estimates that 
there would be no additional costs associated with implementing 
section 1.
    Section 2 would require DoD to submit a report, within 180 
days of enactment, on the remaining capacity for both 
interments and inurnments at ANC and on options for expanding 
that capacity. CBO estimates that implementing section 2 would 
cost less than $500,000 in 2017.
    H.R. 4336 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Dwayne M. 
Wright. The estimate was approved by Theresa Gullo, Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates regarding H.R. 4336, as amended, prepared by the 
Director of the Congressional Budget Office pursuant to section 
423 of the Unfunded Mandates Reform Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act would be created by H.R. 
4336, as amended.

                   Constitutional Authority Statement

    Pursuant to Article I, section 8 of the United States 
Constitution, the reported bill is authorized by Congress' 
power to ``provide for the common Defense and general Welfare 
of the United States.''

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

              Statement on Duplication of Federal Programs

    Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015), 
the Committee finds that no provision of H.R. 4336, as amended, 
establishes or reauthorizes a program of the Federal Government 
known to be duplicative of another Federal program, a program 
that was included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                   Disclosure of Directed Rulemaking

    Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015), 
the Committee estimates that H.R. 4336, as amended, contains no 
directed rule making that would require the Secretary to 
prescribe regulations.

             Section-by-Section Analysis of the Legislation


Section 1--Burial of cremated remains in Arlington National Cemetery of 
        certain person whose service is deemed to be active service

    Section 1(a) would require the Secretary of the Army to 
inurn the cremated remains of any person who has been 
determined to be active duty service pursuant to section 401 of 
the GI Bill Improvement Act of 1977 (Public Law 95-202; 38 
U.S.C. 106 note) as of the date of enactment of that Act.
    Section 1(b) would limit eligibility for inurnment in 
Arlington National Cemetery to the remains of persons that are 
not formally interred as of the date of the enactment.

Section 2--Report on capacity of Arlington National Cemetery

    Section 2 would require the Department of the Army to 
complete a report on the interment and inurnment capacity of 
Arlington National Cemetery, including:
    (1) the estimated date that the Secretary determines the 
cemetery will reach maximum interment and inurnment capacity; 
and,
    (2) the Secretary's recommendation for legislation and non-
legislative actions the Secretary determines necessary to 
extend the capacity of Arlington National Cemetery. Such 
recommendations would include any proposal that would: (A) 
redefine the eligibility criteria for interment and inurnment 
in the cemetery; and (B) any expansion opportunities beyond the 
current boundaries of the cemetery.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                      TITLE 38, UNITED STATES CODE




           *       *       *       *       *       *       *
PART II--GENERAL BENEFITS

           *       *       *       *       *       *       *


CHAPTER 24--NATIONAL CEMETERIES AND MEMORIALS

           *       *       *       *       *       *       *



Sec. 2410. Burial of cremated remains in Arlington National Cemetery

  (a) The Secretary of the Army shall designate an area of 
appropriate size within Arlington National Cemetery for the 
unmarked interment, in accordance with such regulations as the 
Secretary may prescribe, of the ashes of persons eligible for 
interment in Arlington National Cemetery whose remains were 
cremated. Such area shall be an area not suitable for the 
burial of casketed remains.
  (b) The Secretary of each military department shall make 
available appropriate forms on which those members of the Armed 
Forces who so desire may indicate their desire to be buried 
within the area to be designated under subsection (a).
  (c)(1) The Secretary of the Army shall ensure that under such 
regulations as the Secretary may prescribe, the cremated 
remains of any person described in paragraph (2) are eligible 
for inurnment in Arlington National Cemetery with military 
burial honors in accordance with section 1491 of title 10.
  (2) A person described in this paragraph is a person whose 
service has been determined to be active duty service pursuant 
to section 401 of the GI Bill Improvement Act of 1977 (Public 
Law 95-202; 38 U.S.C. 106 note) as of the date of the enactment 
of this Act.

           *       *       *       *       *       *       *


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