Army National Cemeteries, 57017-57033 [E8-22925]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army
• Army Department

[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Proposed Rules]
[Pages 57017-57033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22925]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 553

[Docket No. USA-2008-0012]
RIN 0702-AA60


Army National Cemeteries

AGENCY: Department of the Army, DOD.

ACTION: Proposed rule; availability of supplemental information; 
request for comments.

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SUMMARY: The Department of the Army proposes to revise its regulation 
concerning Arlington National Cemetery. Army Regulation 290-5 states 
the authority and assigns the responsibilities for the development, 
operation, maintenance, and administration of the Arlington and the 
U.S. Soldiers' and Airmen's Home National Cemeteries. These cemeteries 
are under the jurisdiction of the Department of the Army and are civil 
works activities. The regulation further prescribes policies and 
procedures on eligibility for interment, inurnment, and 
memorialization; disinterments and disinurnments; transinterments and 
transinurnments; the Arlington Memorial Amphitheater; solicitations; 
headstones, niche covers and memorial markers; memorial and 
commemorative monuments, tributes to commemorate individuals, events, 
units, groups, and/or organizations; and visitors, media and 
videographer rules.

DATES: Consideration will be given to all comments received by December 
1, 2008.

ADDRESSES: You may submit comments, identified by 32 CFR Part 553, 
Docket No. USA-2008-0012 and or by RIN 0702-AA60 by any of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at https://
www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. John Metzler, Jr., (703) 607-8545.

SUPPLEMENTARY INFORMATION: 

A. Background

    This proposed rule makes numerous administrative changes throughout 
the document to reflect the changes to the forthcoming update to Army 
Regulation 290-5. The Administrative Procedure Act, as amended by the 
Freedom of Information Act, requires that certain policies and 
procedures and other information concerning the Department of the Army 
be published in the Federal Register. The policies and procedures 
covered by this part fall into that category.

B. Regulatory Flexibility Act

    The Department of the Army has determined that the Regulatory 
Flexibility Act does not apply because the proposed rule does not have 
a significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

C. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the proposed rule does not 
include a mandate that may result in estimated costs to State, local or 
tribal governments in the aggregate, or the private sector, of $100 
million or more.

D. National Environmental Policy Act

    Environmental analysis of this regulation under the National 
Environmental Policy Act is not required as this regulation reflects 
ongoing activities and changes made to the regulation and does not 
constitute a new use of the property.

E. Paperwork Reduction Act

    The Department of the Army has determined that the Paperwork 
Reduction Act does not apply because the proposed rule does not involve 
collection of information from the public.

F. Executive Order 12530 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the proposed rule does not impair private 
property rights.

[[Page 57018]]

G. Executive Order 12866 (Regulatory Planning and Review)

    It has been determined that the changes to 32 CFR Part 553 are not 
considered a ``significant regulatory action.'' The rule does not:
    (1) Have an annual affect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector in the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of the 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.

H. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13045 this proposed rule does not 
apply.

I. Executive Order 13132 (Federalism)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13132 this proposed rule does not 
apply because it will not have a substantial effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.

    Dated: September 24, 2008.
John C. Metzler, Jr.,
Superintendent, Arlington National Cemetery.

List of Subjects in 32 CFR Part 553

    Cemeteries, District of Columbia, Government property, Interments, 
Inurnments, Memorialization, Veterans, Visitor rules.

    For reasons stated in the preamble, the Department of the Army 
proposes to revise 32 CFR part 553 to read as follows:

PART 553--ARMY NATIONAL CEMETERIES

Sec.
553.1 Definitions.
553.2 Purpose.
553.3 Statutory authority.
553.4 Scope and applicability.
553.5 Responsibilities.
553.6 Federal jurisdiction.
553.7 Power of arrest.
553.8 Standards for managing Army National Cemeteries.
553.9 Arlington Memorial Amphitheater.
553.10 Accountability and procurement of property, supplies, 
equipment, and services.
553.11 Permission to install poles, lines, and water and sewer 
pipes.
553.12 Gifts.
553.13 Solicitations.
553.14 Authority for interments, inurnments, and memorial sections.
553.15 Plans for gravesites, memorial areas, and niches.
553.16 Assignment of gravesites or niches.
553.17 Proof of eligibility.
553.18 Eligibility for interment in Arlington National Cemetery.
553.19 Eligibility for group burial in Arlington National Cemetery.
553.20 Eligibility for memorialization in an Arlington National 
Cemetery Memorial Area.
553.21 Eligibility for interment of cremated remains in the 
Arlington National Cemetery Unmarked Area.
553.22 Eligibility for inurnment in Arlington National Cemetery.
553.23 Arlington National Cemetery interment/inurnment agreement.
553.24 Eligibility for burial in United States Soldiers' and 
Airmen's Home National Cemetery.
553.25 Persons ineligible for interment, inurnment, or 
memorialization in Arlington National Cemetery or United States 
Soldiers' and Airmen's Home National Cemetery.
553.26 Prohibition of interment, inurnment, or memorialization of 
persons who have committed certain crimes.
553.27 Findings concerning a commission of certain crimes where a 
person has not been convicted due to death or flight to avoid 
prosecution.
553.28 Exceptions to policies for interment or inurnment at 
Arlington National Cemetery.
553.29 Cremated remains and interment or inurnment at Arlington 
National Cemetery.
553.30 Subsequent remains.
553.31 Disinterments and disinurnments of remains.
553.32 Transinterments or transinurnments of remains.
553.33 Design of government headstones, niche covers, and memorial 
markers.
553.34 Inscriptions on government headstones, niche covers, and 
memorial markers.
553.35 Headstones and markers at private expense.
553.36 Permission to construct private headstones.
553.37 Inscriptions on private headstones.
553.38 Memorial and commemorative monuments (other than private 
headstones or markers).
553.39 Tributes in Arlington National Cemetery to commemorate 
individuals, events, units, groups, and/or organizations.
553.40 Requests to conduct memorial services and ceremonies.
553.41 Conduct of memorial services and ceremonies.
553.42 Visitors rules for Arlington National Cemetery.
553.43 Soliciting and vending.
553.44 Media.
553.45 Videography.
553.46 Penalties.

    Authority: 24 U.S.C., Chapter 7; 24 U.S.C. 295a; 38 U.S.C. 2409; 
38 U.S.C. 2410; 10 U.S.C. 936(a)(6); 32 U.S.C.; 24 U.S.C. 412; 18 
U.S.C. 1751; 38 U.S.C. 2411; 38 U.S.C.; 38 U.S.C., Chapter 24, and 
18 U.S.C., Chapter 67.


Sec.  553.1  Definitions.

    For purposes of 32 CFR Part 553 only, the following terms are 
defined.
    Active duty. Full-time duty in the active military service of the 
United States.
    (1) This includes active Guard and Reserve duty performed pursuant 
to Title 10 of the U.S. Code.
    (2) This does not include full-time duty performed under Title 32 
of the U.S. Code.
    (3) This does not include full-time training, annual training, or 
inactive duty training for members of Reserve components.
    (4) This does include service as a cadet currently on the rolls at 
the U.S. Military, Air Force or Coast Guard Academies, or as a 
midshipman at the U.S. Naval Academy.
    Active duty for special work. A tour of active duty for Reserve 
personnel authorized from military or Reserve personnel appropriations 
for work on Active component or Reserve component programs (active duty 
for special work--Active component funded or active duty for special 
work--Reserve component funded). The purpose of active duty for special 
work is to provide the necessary skilled manpower assets to support 
existing or emerging requirements. Training may occur in the conduct of 
active duty for special work. Authorization of active duty for special 
work must be managed in accordance with Directives established by the 
Secretary concerned.
    Active duty for training. A category of active duty used to provide 
structured individual and/or unit training, or educational courses to 
Reserve component members. Included in the active duty for training 
category are annual training, initial active duty training and other 
training duty. Active duty for training may support Active component 
missions and requirements; e.g., operational support.
    Armed Forces. The United States Army, Navy, Air Force, Marine 
Corps, Coast Guard, and their Reserve Components. Reserve Components of 
the Armed Forces are: the Army

[[Page 57019]]

National Guard, the Army Reserve, the Naval Reserve, the Marine Corps 
Reserve, the Air National Guard, the Air Force Reserve, and the Coast 
Guard Reserve.
    Close relative. Includes the spouse, parents, adult brothers and 
sisters, and adult natural children, adult stepchildren, and adult 
adopted children of a decedent.
    Commemorative monuments. Monuments that are dedicated to events in 
history, individuals or units of the armed forces that do not contain 
remains or that mark the location of remains in close proximity.
    Disinterment. The removal of remains from a gravesite.
    Decedent's representative. The person authorized to direct 
disposition of human remains or other authorized family representative 
with legal disposition authority in accordance with the laws of the 
State (or territory, possession, or country) of the decedent's legal 
residence.
    Disinurnment. The removal of cremated remains from a niche.
    Federal capital crime. An offense under Federal law for which a 
life sentence or the death penalty may be imposed.
    Former prisoner of war. A person who, while serving in the active 
military, naval, or air service, was forcibly detained or interned in 
line of duty by an enemy government or its agents, or a hostile force, 
during a period of war; or 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.
    Gravesite. An excavation made in the earth to receive a dead body 
or cremated remains in burial.
    Group burial. When one or more eligible service member(s) on active 
duty are killed in the same incident or location and their remains 
cannot be individually identified and are interred in one grave. The 
group remains may contain remains of civilians and foreign nationals.
    Initial active duty training. Training that provides basic military 
training and technical skill training required for all enlisted 
accessions.
    Interment. The act of ground burial of casketed or cremated human 
remains.
    Inurnment. The placement of an urn containing cremated remains in a 
niche.
    Memorial marker. A headstone used to memorialize a service member 
or veteran whose remains are unavailable for reasons listed in Sec.  
553.20.
    Memorial monuments. Monuments that contain remains or mark the 
location of remains in close proximity.
    Memorial service or ceremony. Any formal group activity conducted 
within Arlington National Cemetery intended to honor the memory of a 
person or persons interred, inurned, or memorialized in Arlington 
National Cemetery. This term includes ``private memorial services,'' 
``public memorial services,'' ``public wreath laying ceremonies'' and 
``official ceremonies.''
    Minor child. An unmarried natural child, stepchild, or adopted 
child of an eligible service-connected parent, when the child
    (1) Has no dependents of his/her own; and
    (2) Is less than 21 years old or is less than 23 years old and is 
taking a fulltime course or study at an approved institution.
    Missions (Class I). (1) Class I missions as provided in State 
Department memorandum dated March 21, 1988: Ankara, Turkey; Athens, 
Greece; Bangkok, Thailand; Beijing, China; Bonn, Federal Republic of 
Germany; Brasilia, Brazil; Canberra, Australia; Cairo, Egypt (Arab 
Republic of); Islamabad, Pakistan; Jakarta, Indonesia; London, England 
(United Kingdom); Madrid, Spain; Manila, Philippines; Mexico, D.F., 
Mexico; Moscow, U.S.S.R.; Nairobi, Kenya; New Delhi, India; Ottawa, 
Canada; Paris, France; Pretoria, South Africa; Rome, Italy; Riyadh, 
Saudi Arabia (formerly Jeddah); Seoul, Korea; Tokyo, Japan.
    (2) Other Missions: U.S. Mission to the Organization of American 
States, Washington, DC.; U.S. Mission to the North Atlantic Treaty 
Organization (U.S. NATO), Brussels, Belgium; U.S. Mission to the United 
Nations, New York, NY.
    Niche. A space in a columbarium reserved for the placement of 
cremated remains.
    Official ceremony. A memorial service or ceremony approved by the 
Superintendent, Arlington National Cemetery, in which the primary 
participants are representatives of the United States Government, a 
state government, a foreign government, or an international 
organization who are authorized to participate in an official capacity.
    Partisan activities. Partisan activities include:
    (1) Commentary in support of, or in opposition to, or attempts to 
influence, any current policy of the United States Armed Forces, the 
Government of the United States, or any state of the United States;
    (2) Epousing the cause of a political party; or
    (3) Having a primary purpose to gain publicity or engender support 
for any group or cause.
    Permanently dependent child. An unmarried natural child, stepchild, 
or adopted child of the eligible service-connected parent, when the 
child:
    (1) Has no dependents of his/her own, and
    (2) Is permanently dependent on one or both of his/her parents 
because of a physical or mental disability incurred before age 21 that 
renders the child incapable of self-support.
    Person authorized to direct disposition. The person primarily 
entitled to direct disposition of remains and who elects to exercise 
that entitlement. Determination of such entitlement shall be made in 
accordance with 10 U.S.C. 1482 and Department of Defense Instruction 
1300.22, Mortuary Affairs Policy.
    Personal representative. A person who manages the legal affairs of 
another, such as a power of attorney or executor.
    Primary eligible. The veteran of the United States Armed Forces 
whose last period of service ended honorably and entitles him or her to 
interment or inurnment in Arlington National Cemetery.
    Primary next of kin. The person most closely related to the 
decedent is considered the primary next of kin. This is normally the 
spouse for married persons and the parents for unmarried service 
members/individuals. The precedence of next of kin with equal 
relationships to the casualty is governed by seniority (age). Equal 
relationship situations include divorced parents, children and 
siblings. Minor children's rights are exercised by their parents or 
legal guardian. The adult next of kin is usually the first person 
highest in the line of succession who has reached the age of eighteen. 
Even if a minor, the spouse is always considered the primary next of 
kin. The following order of precedence is used to identify the primary 
next of kin:
    (1) Spouse.
    (2) Natural, adopted, step and illegitimate children.
    (3) Parents.
    (4) Persons standing in loco parentis.
    (5) Persons granted legal custody of the individual by a court 
decree of statutory provision.
    (6) Brothers or sisters, to include half-blood and those acquired 
through adoption.
    (7) Grandparents.
    (8) Other relatives in order of relationship to the individual 
according to civil laws.

[[Page 57020]]

    (9) If no other persons are available, the Secretary of the 
Military Department may be deemed to act on behalf of the individual.
    Private memorial service. A memorial service or ceremony conducted 
at a private gravesite within Arlington National Cemetery by a group of 
relatives and/or acquaintances of the person interred or to be interred 
at that gravesite. Private memorial services may be closed to the media 
and public.
    Public memorial service. A ceremony conducted by members of the 
public at the Arlington National Cemetery Amphitheater, the Confederate 
Memorial, the Mast of the Maine, the John F. Kennedy Grave, or a 
historic shrine or a gravesite within Arlington National Cemetery. All 
public memorial services are open to the public.
    Public wreath-laying ceremony. Ceremony in which members of the 
public, assisted by the Tomb Guards, present a wreath or similar 
memento at the Tomb of the Unknowns.
    Section. A subdivision of the cemetery containing graves, 
memorials, and columbariums. Each section is bordered by roadways, 
walls, and/or other sections.
    Spouse. A person of the opposite sex who is a husband or a wife 
resulting from a lawful marriage.
    State capital crime. Under state law, the willful, deliberate, or 
premeditated unlawful killing of another human being for which a life 
sentence or the death penalty may be imposed.
    Subversive activity. The offenses involving subversive activity are 
those defined in the following provisions of:
    (1) Title 18, U.S. Code: Sections 792 (Harboring or Concealing 
Persons), 793 (Gathering, Transmitting, or Losing Defense Information) 
(excluding Subsection (f)), 794 (Gathering or Delivering Defense 
Information to Aid Foreign Government), 798 (Disclosure of Classified 
Information); 2381 (Treason), 2382 (Misprison of Treason), 2383 
(Rebellion or Insurrection), 2384 (Seditious Conspiracy), 2385 
(Advocating Overthrow of Government), 2387 (Activities Affecting Armed 
Forces Generally), 2388 (Activities Affecting Armed Forces During War), 
2389 (Recruiting for Service Against United States), 2390 (Enlistment 
to Service Against United States); and Chapter 105 (Sabotage).
    (2) Sections 222, 223, 224, 225 and 226 of the Atomic Energy Act of 
1954, (42 U.S.C. 2272 (Violation of Specific Sections), 2273 (Violation 
of Sections), 2274 (Communication of Restricted Data), 2275 (Receipt of 
Restricted Data) and 2276 (Tampering with Restricted Data)).
    (3) Section 4 of the Internal Security Act of 1950--(50 U.S.C. 
783--Communication of Classified Information by Government employees).
    (4) Title 10, U.S. Code: Sections 894, 904 and 906 (Mutiny or 
Sedition, Aiding the Enemy, and Spies).
    Symbolic container. An object such as a casket, urn, box, jar, or 
bottle that is used to only hold a material object such as soil, 
photos, hair, clothing or other items of remembrance representing a 
decedent by association, resemblance, or convention, especially a 
material object used to represent something intangible. A symbolic 
container does not include containers that hold any portion of human 
remains for burial or inurnment purposes.
    Transinterment or transinurnment. A transinterment or 
transinurnment involves the removal of remains from an Arlington 
National Cemetery gravesite or niche for the purpose of reburial or 
reinurnment in Arlington National Cemetery. Transinterment or 
transinurnment ordinarily occur for reasons related to the 
administration, operation, or maintenance of Arlington National 
Cemetery.
    Unmarried adult child. A natural child, stepchild, or adopted child 
of the primary eligible service-connected parent, when the child:
    (1) Has no dependents of his/her own at the time of death;
    (2) Is not married at death; and
    (3) Is 21 years of age or older.


Sec.  553.2  Purpose.

    The following specifies the authority and assigns the 
responsibilities for the development, maintenance, administration, and 
operation of Arlington National Cemetery and the U.S. Soldiers' and 
Airmen's Home National Cemetery. These cemeteries are under the 
jurisdiction of the Department of the Army and are civil works 
activities.


Sec.  553.3  Statutory authority.

    (a) 24 U.S.C., Chapter 7, entitled ``National Cemeteries,'' 
provides basic statutory authority with regard to National Cemeteries. 
Several sections of Title 24 of the United States Code were repealed by 
Section 7(a) of the National Cemeteries Act of 1973 (Pub. L. 93-43, 87 
Stat. 82). Section 7(b), however, provided that nothing in Section 7(a) 
affected the functions, powers, and duties of the Secretary of the Army 
with respect to those cemeteries, memorials, or monuments under his 
jurisdiction. As a result, the Secretary of the Army retains the 
authority reflected in those provisions enumerated in Section 7(a).
    (b) The Secretary of the Army reserves the authority to act on 
requests for exceptions to the provisions of the interment, inurnment, 
and memorialization eligibility policies of Army Regulation 290-5.


Sec.  553.4  Scope and applicability.

    (a) Scope. The development, maintenance, administration, and 
operation of Arlington National Cemetery and the U.S. Soldiers' and 
Airmen's Home National Cemetery are governed by this Part, Army 
Regulation 290-5, and Department of Army Pamphlet 290-5. Army 
Regulation 210-190 assigns responsibilities for the development, 
maintenance, administration, and operation of Army post cemeteries.
    (b) Applicability. These provisions are applicable to those persons 
on Arlington National Cemetery grounds and those persons involved in 
Arlington National Cemetery matters.


Sec.  553.5  Responsibilities.

    In accordance and consistent with General Orders Number 13, dated 
October 29, 2004, and Army Regulation 290-5, the responsibilities of 
Headquarters, Department of the Army, are:
    (a) The Assistant Secretary of the Army (Civil Works) will 
formulate and oversee the program and budget for the Army National 
Cemeteries, including proposals for placement of memorials and 
headstones.
    (b) The Assistant Secretary of the Army (Manpower and Reserve 
Affairs) will formulate and oversee interment, inurnment, and 
memorialization policies for the Army National Cemeteries.
    (c) The Chief of Public Affairs will formulate and oversee the 
public affairs policy for the Army National Cemeteries.
    (d) The Commander, Military District of Washington, will
    (1) Coordinate all official ceremonies at Arlington National 
Cemetery and State funerals, with the Superintendent, Arlington 
National Cemetery.
    (2) Provide Army military honors for private memorial services and 
Army ceremonial support for the Army National Cemeteries, including the 
honor guard at the Tomb of the Unknowns.
    (e) The Superintendent, Arlington National Cemetery, will
    (1) Oversee day-to-day execution of the Army National Cemeteries 
Program in accordance with applicable law and policy, including the 
administration, operation, and maintenance of the Army National 
Cemeteries.

[[Page 57021]]

    (2) Be responsible for private ceremonies at the Army National 
Cemeteries, including funerals and memorial services for interment and 
inurnment, public wreath laying ceremonies, and public ceremonies, 
other than those official public ceremonies assigned to the Commander, 
Military District of Washington.
    (3) Coordinate on all official ceremonies at Arlington National 
Cemetery, including public wreath laying ceremonies and State funerals.
    (f) The Chief of Engineers will provide technical assistance on a 
reimbursable basis to the Army National Cemeteries. Technical 
assistance includes, but is not limited to, planning, engineering, 
construction management, real estate, environmental, and cultural 
resources.


Sec.  553.6  Federal jurisdiction.

    Where the State legislature has given consent of that State to 
purchase land which now comprises an Army National Cemetery, the 
jurisdiction and power of legislation of the United States over Army 
National Cemeteries will, in all courts and places, be held to be the 
same as is granted by Article 1, Section 8, of the Constitution of the 
United States.


Sec.  553.7  Power of arrest.

    (a) The Superintendents of Arlington National Cemetery and U.S. 
Soldiers' and Airmen's Home National Cemetery are authorized to arrest 
any person who willfully does any of the following within the limits of 
Arlington National Cemetery or U.S. Soldiers' and Airmen's Home 
National Cemetery, respectively:
    (1) Destroys, mutilates, defaces, damages, or removes any monument, 
gravestone, or other structure.
    (2) Destroys, cuts, breaks, injures, or removes any tree, shrub, or 
plant.
    (b) The authority to arrest is based on 24 U.S.C. 286. Although 
Section 7(a) of Public Law 93-43, 87 Stat. 82, repealed 24 U.S.C. 286 
inter alia, with respect to certain national cemeteries, Section 7(b) 
provided that nothing in 7(a) affected the functions, powers, and 
duties of the Secretary of the Army with respect to those cemeteries, 
memorials, or monuments under his jurisdiction. As a result, the 
Superintendents, acting on behalf of the Secretary of the Army, retain 
the authority to arrest persons for the above acts.


Sec.  553.8  Standards for managing Army National Cemeteries.

    The following standards will be used to develop, operate, maintain, 
administer, and support Army National Cemeteries. These standards will 
also be considered in developing the annual budget.
    (a) Army National Cemeteries are permanent shrines for honoring 
deceased members of the United States Armed Forces. The standards for 
constructing, maintaining, and operating these cemeteries will be 
commensurate with the high purpose to which these facilities are 
dedicated.
    (b) Structures and facilities provided for these cemeteries will be 
of a scope, dignity, and aesthetic design suited to the purpose for 
which they are intended.
    (c) Army National Cemeteries will be enclosed by a substantial 
stone or iron fence with gates.
    (d) Army National Cemeteries will be beautified by landscaping and 
by special features based on historical aspects, location, or other 
relevant factors.
    (e) Accommodations and services provided to the next of kin for the 
honored dead and to the general public will be of high quality.


Sec.  553.9  Arlington Memorial Amphitheater.

    (a) In accordance with 24 U.S.C. 295a:
    (1) In January of each year, the Secretary of Defense or his/her 
designee may send recommendations to Congress on memorials to be 
erected and the remains of deceased members of the United States Armed 
Forces to be entombed in the Arlington Memorial Amphitheater in 
Arlington National Cemetery.
    (2) No memorial may be erected and no remains may be entombed in 
the Arlington Memorial Amphitheater unless authorized by Congress.
    (3) The character, design, or location of any memorial authorized 
by Congress for placement in the Amphitheater is subject to the 
approval of the Secretary of Defense or his/her designee.
    (b) Any request regarding inscriptions or memorials within the 
Arlington Memorial Amphitheater will be referred to the Superintendent, 
Arlington National Cemetery, for processing. The Superintendent will 
seek the advice of the Commission of Fine Arts in such matters, in 
accordance with 40 U.S.C. 9102.
    (c) Tributes donated for placement in the Unknowns Memorial Display 
Room in the Amphitheater are not memorials as contemplated under this 
section. Tributes are covered under Sec.  553.38.


Sec.  553.10  Accountability and procurement of property, supplies, 
equipment, and services.

    (a) Army National Cemetery property, supplies, equipment, and 
services will be procured and accounted for as outlined in Department 
of Army Pamphlet 290-5. These items will also be procured as stated in 
the Federal Acquisition Regulation and as further supplemented by 
Department of Defense and the Army.
    (b) Arlington National Cemetery will maintain a real property 
inventory for both Army National Cemeteries in accordance with 
applicable Army policies and procedures.


Sec.  553.11  Permission to install poles, lines, and water and sewer 
pipes.

    (a) The installation of utilities in Army National Cemeteries, 
including but not limited to, communications (i.e., telephone and fiber 
optic lines), electric, natural gas, water, storm drainage, and 
sanitary sewers, will not be permitted unless authorized by the 
Superintendent, Arlington National Cemetery.
    (b) Requests for licenses, permits, or easements to install water, 
gas, or sewer lines, or other utilities/equipment on or across an Army 
National Cemetery or an approach road in which the Government has a 
right-of-way, fee simple title, or other interest, must be sent to the 
Superintendent, Arlington National Cemetery, for action. Requests must 
include a complete description of the type of license, permit, or 
easement desired and a map showing the location of the project.
    (c) Once approved by the Superintendent, Arlington National 
Cemetery, the request will be forwarded to the Baltimore District, U.S. 
Army Corps of Engineers, for implementation and issuance of the 
license, permit, or easement.


Sec.  553.12  Gifts.

    (a) Policy. Acceptance of gifts will be handled in accordance with 
Army Regulation 1-100.
    (b) Processing. (1) The Superintendent U.S. Soldiers' and Airmen's 
Home National Cemetery, will forward any offer of a gift for the U.S. 
Soldiers' and Airmen's Home National Cemetery to the Superintendent, 
Arlington National Cemetery, with all available information bearing 
upon the offer and its acceptability.
    (2) Upon receipt of an offer of a gift to either the Arlington 
National Cemetery or the U.S. Soldiers' and Airmen's Home National 
Cemetery, the Superintendent, Arlington National Cemetery:
    (i) May accept the gift, if within the authority delegated by the 
Secretary of the Army to the Superintendent, Arlington National 
Cemetery; or
    (ii) Will advise the prospective donor that acceptance of the gift 
is subject to prior approval by the Secretary of the Army. The 
Superintendent, Arlington

[[Page 57022]]

National Cemetery, will provide a recommendation for or against 
acceptance, including an opinion regarding whether acceptance of the 
gift could raise ethical or conflict of interest concerns.


Sec.  553.13  Solicitations.

    Other than the authorized mobile tour operations and the Visitors' 
Center gift shop, the solicitation of business within Arlington 
National Cemetery is prohibited. Violators who do not leave when so 
ordered or who unlawfully reenter the cemetery after being evicted will 
be subject to prosecution.


Sec.  553.14  Authority for interments, inurnments, and memorial 
sections.

    (a) Army Regulation 290-5 authorizes interment in Arlington 
National Cemetery and U.S. Soldiers' and Airmens' Home National 
Cemetery under the provisions set forth in this section. The Act of May 
14, 1948 (Pub. L. 80-526, 62 Stat. 234), as amended by the Act of 
September 14, 1959 (Pub. L. 86-260, 73 Stat. 547), and other laws 
specifically cited in this regulation, authorize interment in Arlington 
National Cemetery and U.S. Soldiers' and Airmen's Home National 
Cemetery under such regulations as the Secretary of the Army may, with 
the approval of the Secretary of Defense, prescribe.
    (b) 38 U.S.C. 2409 provides that the Secretary of the Army may set 
aside suitable areas in Arlington National Cemetery for memorial 
sections to honor the memory of certain members of the United States 
Armed Forces and veterans. Such memorial plots will be in sections 
devoted solely to that purpose, and a marker issued by the Department 
of Veterans Affairs will be erected at Government expense in each plot 
dedicated to a particular individual or group of individuals.
    (c) 38 U.S.C. 2410 requires the Secretary of the Army to designate 
an area in Arlington National Cemetery for the unmarked interment of 
ashes of persons eligible for interment in Arlington National Cemetery. 
The designated area must not be suitable for burial of casketed 
remains.


Sec.  553.15  Plans for gravesites, memorial areas, and niches.

    (a) The Superintendents of Arlington National Cemetery and U.S. 
Soldiers' and Airmen's Home National Cemetery shall maintain detailed 
plans setting forth sections with gravesites, memorial areas with 
markers, and Columbariums with niches.
    (b) New sections or areas will be opened and prepared for 
interments or for installing memorial markers only with the approval of 
the Superintendent, Arlington National Cemetery.
    (c) The standard size for all gravesites for casketed remains is 5 
feet by 10 feet. The standard size of gravesites for interment of urns 
containing cremated remains is 5 feet by 5 feet. The standard size of 
areas delineated by memorial markers is 5 feet by 5 feet. The standard 
size of niches is 13 inches tall by 10 inches wide by 18 inches deep.


Sec.  553.16  Assignment of gravesites or niches.

    (a) All eligible persons will be assigned graves or niches without 
discrimination as to military rank, race, color, sex, religion, age, or 
national origin.
    (b) One-gravesite-per-family policy. Once the initial interment or 
inurnment is made in a gravesite or niche, each additional interment or 
inurnment of eligible family members must be made in the same gravesite 
or niche, except as noted in paragraph (d) of this section. The 
Superintendent, Arlington National Cemetery, may make additional space 
available upon the determination that assignment of a single gravesite 
is not practicable.
    (c) Gravesites or niches will not be reserved or assigned prior to 
the time of need.
    (d) Reservations for an adjoining gravesite at Arlington National 
Cemetery for a surviving spouse or veteran made in writing before 
October 16, 1961 (when the one-gravesite-per-family policy was 
established at Arlington National Cemetery), will remain in effect 
unless cancelled by the Superintendent, Arlington National Cemetery. 
The Superintendent may cancel a gravesite reservation for one of the 
following reasons:
    (1) Upon determination that the surviving spouse remarried and 
remained so at the time of death;
    (2) Upon notification that the reservee has been buried elsewhere;
    (3) Upon notification that the reservee desires to or will be 
interred in the same grave with the predeceased, and doing so is 
feasible; or
    (4) When it is known or estimated that the reservee would be 120 
years of age and there is no record of correspondence with the reservee 
within the last two decades.
    (e) In cases where more than one gravesite was reserved (on the 
basis of the veteran's eligibility at the time the reservation was 
made) and no interment has yet been made in any of the sites, the one-
gravesite-per-family policy will be applied. One gravesite reservation 
will be honored so long as the deceased meets the eligibility criteria 
for interment in Arlington National Cemetery current at the time of 
need.
    (f) Where an active duty service member or veteran of the United 
States Armed Forces has been or will be interred as part of a group 
burial or memorialized in a Memorial Area at Arlington National 
Cemetery, the Superintendent, Arlington National Cemetery, will assign, 
at the time of need, a gravesite or niche for interment or inurnment of 
the eligible widow, widower, minor children, permanently dependent 
children, or certain unmarried adult children.


Sec.  553.17  Proof of eligibility.

    (a) The estate of the deceased (or next-of-kin/personal 
representative) is responsible for providing appropriate documentation 
to verify the deceased's eligibility for interment or inurnment.
    (b) At a minimum the following documents are required:
    (1) Death Certificate;
    (2) Proof of Eligibility of the primary eligible;
    (3) Any additional documentation to establish the eligibility of 
spouses, children, or missing relatives, as appropriate (e.g., marriage 
certificate, birth certificate, waivers, statements that the decedent 
had no children);
    (4) Burial agreement, if appropriate;
    (5) Notarized statement, if appropriate, that the remains are 
unavailable for the reasons set forth in Sec.  553.20; and
    (6) A certificate of cremation or notarized statement attesting to 
the authenticity of the cremated human remains, if appropriate.
    (c) The following documents may be used to establish eligibility of 
the primary eligible person:
    (1) DD Form 214, Certificate of Release or Discharge from Active 
Duty (all Services starting in the 1950s);
    (2) WD AGO 53 or 53-55, Enlisted Record and Report of Separation 
Honorable Discharge;
    (3) WD AGO 53-98, Military Record and Report of Separation 
Certificate of Service;
    (4) NAVPERS-553, Notice of Separation from U.S. Naval Service;
    (5) NAVMC 70-PD, Honorable Discharge, U.S. Marine Corps;
    (6) DD Form 1300, Report of Casualty (required in the case of death 
of an active duty service member); and
    (7) A statement from the commanding officer stating the active duty 
service member was in good standing at the time of death, e.g., not 
pending disciplinary or adverse administrative action. If the active 
duty service member was pending action, the provisions of Sec.  553.25 
apply.

[[Page 57023]]

    (d) Veterans who desire copies of their military records should 
write to: National Personnel Records Center, Attention: Military 
Personnel Records, 9700 Page Avenue, St Louis, Missouri 63132 or go 
online at https://www.vetrecs.archives.gov. Individuals who are not 
veterans or the next of kin of the veteran for whom they are requesting 
records must complete Standard Form 180.
    (e) The burden of proving eligibility lies with the party who 
requests the burial. The Superintendent, Arlington National Cemetery, 
will determine whether the submitted proof (documentary or other) is 
sufficient to support a finding of eligibility.


Sec.  553.18  Eligibility for interment in Arlington National Cemetery.

    The following persons are eligible for interment in Arlington 
National Cemetery, unless otherwise prohibited. The last period of 
active duty of the veteran of the United States Armed Forces must have 
ended honorably.
    (a) Any service member on active duty in the United States Armed 
Forces (except those service members serving on active duty for 
training only).
    (b) Reserve personnel who die while on active duty for special 
work.
    (c) Reserve personnel who have reached the age of 60, are otherwise 
eligible to receive military retired pay, but who have been retained in 
the Reserve program and who served one period of active duty for other 
than training.
    (d) Any veteran retired from active military service with the 
United States Armed Forces and is entitled to receive military retired 
pay.
    (e) Any veteran retired from the Reserves who:
    (1) Served a period of active duty (other than active duty for 
training);
    (2) Has a total of twenty years combined service;
    (3) Is carried on an official retired list; and
    (4) Is receiving or was eligible to receive military retired pay 
(currently payable at age 60).
    (f) Any service member who is retired for disability and has been 
placed on the Permanent Disability Retired List and who served a period 
of active duty (other than for training).
    (g) Any veteran separated honorably from United States Armed Forces 
prior to October 1, 1949, for medical reasons with 30 percent or 
greater disability rating effective on the day of discharge.
    (h) Any veteran of the United States Armed Forces awarded one of 
the following decorations:
    (1) Medal of Honor;
    (2) Distinguished Service Cross, Air Force Cross, or Navy Cross;
    (3) Silver Star; or
    (4) Purple Heart.
    (i) The President of the United States and any former President of 
the United States.
    (j) Any veteran of the United States Armed Forces who served on 
active duty (other than active duty for training) and who held any of 
the following positions:
    (1) Vice President;
    (2) Member of Congress;
    (3) Chief Justice of the United States or Associate Justice of the 
Supreme Court of the United States.
    (4) An office listed, at the time the person held the position, in 
5 U.S.C. 5312 or 5313 (Levels I and II of the Executive Schedule).
    (5) The chief of a mission, who was, at any time during his/her 
tenure before January 5, 1986, classified in Class I under the 
provisions of Sec. 411, Act of August 13, 1946, 60 Stat. 1002. Missions 
(Class I) are defined in Sec.  553.1.
    (k) Any former prisoner of war who served honorably in the United 
States Armed Forces while a prisoner of war, whose last period of 
active duty terminated honorably, and who died on or after November 30, 
1993. See Sec. 1176, Public Law 103-160; 38 U.S.C. 2402 Note.
    (l) The spouse, widow, or widower of an active duty service member 
of the United States Armed Forces or eligible veteran who is or will be 
interred in Arlington National Cemetery. A former spouse of an active 
duty service member or a veteran, someone who is no longer the legal 
husband or wife of the service member or veteran due to annulment, 
divorce, etc., is not eligible for interment.
    (m) A widow or widower who remarries is eligible for interment if 
remarried at the time of need only if there are no children from any 
subsequent marriage(s), both the subsequent spouse and any children 
from the prior marriage to the primary eligible agree to the interment 
and relinquish any claim for interment in the same gravesite in a 
notarized statement(s), and the subsequent spouse relinquishes any 
claim for interment in the same gravesite.
    (1) In addition to the proof of eligibility documents set forth at 
Sec.  553.17, a request for interment of a widow or widower must be 
accompanied by:
    (i) A notarized statement from the subsequent spouse agreeing to 
the interment and relinquishing any claim for interment in the same 
gravesite.
    (ii) Notarized statement(s) from all of the children from the prior 
marriage agreeing to the interment of their parents.
    (2) [Reserved]
    (n) The widow or widower of an active duty service member of the 
United States Armed Forces or an eligible veteran, who was:
    (1) Lost or buried at sea, temporarily interred overseas due to 
action by the United States Government, or officially determined to be 
missing in action.
    (2) Buried in an overseas U.S. military cemetery maintained by the 
American Battle Monuments Commission.
    (3) A member of the United States Armed Forces interred in 
Arlington National Cemetery as part of a group burial.
    (o) As these groups are defined in this Part, the minor children, 
permanently dependent children, and certain unmarried adult children of 
an active duty service member or eligible veteran of the United States 
Armed Forces, who is or will be interred in Arlington National 
Cemetery, if space is available.
    (1) In addition to the proof of eligibility documents set forth at 
Sec.  553.17, a request for interment of a permanently dependent child 
must be accompanied by:
    (i) A notarized statement from an individual who has direct 
knowledge as to the marital status and degree of dependency of the 
deceased child; and
    (ii) A physician's statement regarding the nature and duration of 
the physical or mental disability.
    (2) In addition to the proof of eligibility documents set forth at 
Sec.  553.17, a request for interment of an unmarried adult child must 
be accompanied by:
    (i) A notarized statement from an individual who has direct 
knowledge as to the marital status of the deceased; and
    (ii) A statement demonstrating some or all of the following 
factors, as appropriate:
    (A) The deceased lived most of his or her adult life with one or 
both parents, one or both of whom are otherwise eligible for interment;
    (B) The deceased has no children or siblings, or other family 
members, other than the eligible veteran, who might seek interment on 
the basis of the deceased's interment.
    (C) The deceased's children, siblings, or other family members, 
other than the eligible veteran, waive any derivative right to be 
interred at Arlington National Cemetery, in accordance with the 
Arlington National Cemetery Burial Agreement.
    (p) Unless ineligible or otherwise prohibited, the parents of minor

[[Page 57024]]

children, permanently dependent children, or certain unmarried adult 
children, whose remains were interred in Arlington National Cemetery 
based on the eligibility of a parent at the time of the child's death.
    (q) A veteran of the United States Armed Forces may be buried in 
the same grave with the primary eligible who is already interred, if 
the veteran is a close relative (as defined in Sec.  553.1) of the 
primary eligible person, and meets the following conditions:
    (1) The veteran does not have any children;
    (2) The veteran will not occupy space reserved for the spouse or 
minor, permanently dependent, or unmarried adult children of the 
primary eligible person;
    (3) All other close relatives of the primary eligible person concur 
with the interment of the veteran with the primary eligible person by 
signing a notarized statement;
    (4) The veteran's spouse waives any entitlement to interment in 
Arlington National Cemetery, where such entitlement might be based on 
the veteran's interment in Arlington National Cemetery. The 
Superintendent, Arlington National Cemetery, may set aside the spouse's 
waiver, provided space is available in the same gravesite, there is 
room for inscription on the headstone, and all close relatives of the 
primary eligible concur;
    (5) Any cost of moving, recasketing, or revaulting the remains will 
be paid from private funds; and
    (6) There is sufficient space on the headstone to accommodate all 
names.


Sec.  553.19  Eligibility for group burial in Arlington National 
Cemetery.

    (a) The Superintendent, Arlington National Cemetery, may authorize 
a group interment in Arlington National Cemetery whenever several 
people, at least one of whom is an active duty service member of the 
United States Armed Forces, die during a military related activity and 
not all of the active duty service member's remains can be individually 
identified.
    (b) Before authorizing a group interment that includes both United 
States and foreign decedents, the Superintendent, Arlington National 
Cemetery, will notify the Department of State and request that the 
Department of State notify the appropriate foreign embassy.


Sec.  553.20  Eligibility for memorialization in an Arlington National 
Cemetery Memorial Area.

    (a) A memorial marker may be placed in an Arlington National 
Cemetery Memorial Area to honor the memory of active duty service 
members and veterans of the United States Armed Forces, who meet the 
eligibility criteria for interment in Arlington National Cemetery and:
    (1) Who are missing in action;
    (2) Whose remains have not been recovered or identified;
    (3) Whose remains were buried at sea, whether by the member's or 
veteran's own choice or otherwise;
    (4) Whose remains were donated to science; or
    (5) Whose remains were cremated and whose ashes were scattered 
without interment of any portion of the ashes.
    (b) A family member who meets the eligibility criteria for 
interment in Arlington National Cemetery, set forth in Sec.  553.18 and 
whose remains are not available for one of the reasons listed in 
paragraph (a) of this section may only be memorialized on the reverse 
side of an existing memorial marker.
    (c) When the remains of a service member or veteran are unavailable 
for one of the reasons listed in paragraph (a) of this section, and an 
eligible family member who predeceased the member or veteran is already 
interred or inurned in Arlington National Cemetery, the member or 
veteran may only be memorialized on the existing headstone or a 
replacement headstone may be ordered with new inscription. Consistent 
with the one-gravesite-per-family policy, a separate marker in the 
Memorial Area is not authorized.
    (d) When a memorial marker for service member or veteran is already 
in place in a Memorial Area, and an eligible family member is 
subsequently interred or inurned in Arlington National Cemetery, an 
inscription memorializing the member or veteran will be placed on the 
new headstone or niche cover. Consistent with the one-gravesite-per-
family policy, the memorial marker will be removed from the Memorial 
Area.


Sec.  553.21  Eligibility for interment of cremated remains in the 
Arlington National Cemetery Unmarked Area.

    (a) The cremated remains of any person eligible for interment in 
Arlington National Cemetery may be interred in the designated Arlington 
National Cemetery Unmarked Area.
    (b) Ashes must be interred in a biodegradable container or placed 
directly into the ground without a container. Ashes are not authorized 
to be scattered at this site or at any location within Arlington 
National Cemetery.
    (c) No headstone or marker is authorized for any person choosing 
this method of interment. A permanent register will be maintained in 
the Administration Building listing all persons interred at this site.
    (d) Consistent with the one-gravesite-per-family policy, all family 
members must be interred in the Unmarked Area once an eligible person 
is interred under this option. No additional gravesite, niche, or 
memorial marker in a Memorial Area will be authorized.


Sec.  553.22  Eligibility for inurnment in Arlington National Cemetery.

    The following persons are eligible for inurnment in Arlington 
National Cemetery. The last period of active duty of the service member 
or veteran of the United States Armed Forces must have ended honorably.
    (a) Any person eligible for interment in Arlington National 
Cemetery.
    (b) Any veteran of the United States Armed Forces who served on 
active duty other than active duty for training.
    (c) Any member of a Reserve component of the United States Armed 
Forces who dies while:
    (1) On active duty for training or performing full-time duty under 
Title 32 of the United States Code;
    (2) Performing authorized travel to or from active duty for 
training or full-time service;
    (3) On authorized inactive duty training, including training 
performed as a member of the Army National Guard or the Air National 
Guard; or
    (4) Is hospitalized or being treated at the expense of the United 
States for an injury or disease incurred or contracted while on active 
duty for training or full-time service, traveling to or from active 
duty for training or full-time service, or on inactive duty training, 
or undergoing hospitalization or treatment at the expense of the United 
States.
    (d) Any member of the Reserve Officers Training Corps of the Army, 
Navy, or Air Force whose death occurs while:
    (1) Attending an authorized training camp or cruise;
    (2) Performing authorized travel to or from that camp or cruise; or
    (3) Is hospitalized or receiving treatment at the expense of the 
United States for injury or disease incurred while attending that camp 
or cruise, performing that travel, or receiving that hospitalization or 
treatment at the expense of the United States.
    (e) Any citizen of the United States who, during any war in which 
the United States has been engaged, served in the Armed Forces of any 
government allied with the United States during that war; whose last 
service ended honorably by death or otherwise; and who was a

[[Page 57025]]

citizen of the United States at the time of entry into that service and 
at the time of death.
    (f) A former member of a group certified as active military service 
for the purpose of receiving benefits by the Department of Veterans 
Affairs by the provisions of 38 CFR 3.7(x) and Public Law 95-202.


Sec.  553.23  Arlington National Cemetery interment/inurnment 
agreement.

    (a) Eligible family members who predecease the primary eligible 
person may be interred or inurned in Arlington National Cemetery if the 
primary eligible person signs an agreement to be interred in the same 
gravesite or inurned in the same niche at his or her time of need and 
agreeing that his or her estate shall pay for all expenses related to 
disinterment or disinurnment from Arlington National Cemetery if he or 
she is not interred or inurned as agreed.
    (b) If the primary eligible becomes ineligible for interment or 
inurnment in Arlington National Cemetery or the executor or next of kin 
decides that the primary eligible will be interred or inurned 
elsewhere, the spouse's or children's remains may be removed from 
Arlington National Cemetery at no cost to the Government. The 
Superintendent, Arlington National Cemetery, may waive this provision 
under extraordinary circumstances.


Sec.  553.24  Eligibility for burial in United States Soldiers' and 
Airmen's Home National Cemetery.

    (a) Only the residents of the United States Soldiers' and Airmen's 
Home are eligible for interment in United States Soldiers' and Airmen's 
Home National Cemetery (see 24 U.S.C. 412 for resident eligibility 
criteria).
    (b) The Board of Commissioners of the United States Soldiers' and 
Airmen's Home will prescribe additional rules governing burial in the 
Soldiers' Home National Cemetery.


Sec.  553.25  Persons ineligible for interment, inurnment, or 
memorialization in Arlington National Cemetery or United States 
Soldiers' and Airmen's Home National Cemetery.

    (a) Unless otherwise eligible for interment or inurnment under the 
eligibility criteria set forth, a father, mother, brother, sister, or 
in-law is not eligible for interment or inurnment solely on the basis 
of their relationship to an eligible service member or veteran of the 
United States Armed Forces, even though the individual is:
    (1) Dependent on the service member or veteran for support; or
    (2) A member of the service member's or veteran's household.
    (b) A person whose last separation from one of the United States 
Armed Forces was less than an honorable discharge (i.e., General 
Discharge issued to a service member whose military record is not 
sufficiently meritorious to warrant an honorable discharge, Under Other 
Than Honorable Conditions Discharge, Bad Conduct Discharge, 
Dishonorable Discharge, or Dismissal) is not eligible for interment or 
inurnment, regardless of whether the person:
    (1) Received any other veterans' benefits.
    (2) Was treated at a Department of Veterans Affairs hospital or 
died in such a hospital.
    (c) A person who has volunteered for service with the United States 
Armed Forces, but has not yet entered on active duty is not eligible 
for interment or inurnment.
    (d) A former spouse of a primary eligible service member or 
veteran, e.g., marriage ended in divorce or annulment is not eligible 
for interment or inurnment.
    (e) Otherwise eligible family members, e.g., spouse or child, if 
the primary eligible service member or veteran was not or will not be 
interred or inurned at Arlington National Cemetery or the United States 
Soldiers' and Airmen's Home National Cemetery. This provision does not 
apply to eligible family members for whom a gravesite or niche may be 
assigned under Sec.  553.16.
    (f) A person convicted in a Federal court or by a United States 
court-martial of any offense involving subversive activity or the 
assassination or attempted assassination of certain national leaders as 
described 18 U.S.C. 1751 including, but not limited to the President of 
the United States; President-elect; Vice President of the United 
States, Vice President-elect, and if there is no Vice President, the 
next in succession, is not eligible for interment or inurnment.
    (g) Non-human remains, including remains of animals, shall not be 
interred or inurned at Arlington National Cemetery or the United States 
Soldiers and Airmen's Home National Cemetery. If non-human remains are 
unintentionally commingled with human remains due to a natural 
disaster, unforeseen accident, act of war or terrorism, violent 
explosion, or such other incident, and such remains cannot be separated 
from the remains of an eligible person, then the remains may be 
interred or inurned with the eligible person, but in no manner shall 
the identity of the non-human remains be inscribed on a niche, marker, 
or headstone.
    (h) An active duty service member who dies while on active duty is 
not eligible for interment or inurnment if there is clear and 
convincing evidence that the service member engaged in conduct that 
would have resulted in a less than honorable discharge being imposed.
    (1) Preliminary Inquiry. The Superintendent, Arlington National 
Cemetery, shall, upon the death of an active duty service member, 
obtain information from the deceased member's commander regarding the 
character of the deceased member's service.
    (2) Decision after Preliminary Inquiry. (i) If, after receiving the 
information described in paragraph (h)(1) of this section, the 
Superintendent determines that sufficient evidence exists for further 
proceedings under this section, the Superintendent shall present the 
decedent's representative with a written notification of such 
preliminary determination, and provide a dated, written notice of the 
representative's procedural options.
    (ii) [Reserved]
    (3) Notice and Procedural Options. The notice of procedural options 
shall indicate that, within fifteen calendar days of the date of the 
notice, the decedent's representative may:
    (i) Withdraw the request for interment, inurnment, or 
memorialization;
    (ii) Do nothing, in which case the request for interment, 
inurnment, or memorialization will be considered to have been 
withdrawn; or
    (iii) Request a hearing.
    (4) Time computation. The fifteen calendar day time period begins 
on the calendar day after the earlier of the date the notice of 
procedural options is sent by mail or electronic means to the 
decedent's representative or delivered in person to the representative 
and ends at Arlington National Cemetery's regular closing time on the 
fifteenth day. It does include weekends and holidays. If Arlington 
National Cemetery is closed on the fifteenth day, then the end of the 
time period will be the regular closing time of next day that Arlington 
National Cemetery is open.
    (5) Hearing. The purpose of the hearing is to allow the decedent's 
representative to present additional information regarding whether 
there is clear and convincing evidence that the service member engaged 
in conduct that would have resulted in a less than honorable discharge 
being imposed. In lieu of making a personal appearance at the hearing, 
the decedent's representative may submit relevant documents for 
consideration by the

[[Page 57026]]

Assistant Secretary of the Army (Manpower & Reserve Affairs), or 
appropriate designee.
    (i) If a formal hearing with personal appearance is requested, the 
Assistant Secretary of the Army (Manpower & Reserve Affairs), or 
appropriate designee, will conduct the hearing.
    (ii) The hearing will be conducted in an informal manner.
    (iii) The rules of evidence shall not apply.
    (iv) The decedent's representative and witnesses may appear, under 
oath, at no expense to the government.
    (v) Oaths must be administered by an appropriate Army 
representative designated by the Assistant Secretary of the Army 
(Manpower & Reserve Affairs) and who possesses the legal authority to 
administer oaths.
    (vi) The hearing shall be recorded. Upon request, a copy of the 
recording will be provided to the decedent's representative.
    (6) Final Determination. After considering any additional 
information submitted by the decedent's representative the Assistant 
Secretary of the Army (Manpower & Reserve Affairs), or appropriate 
designee, shall determine the service member's eligibility for 
interment, inurnment, or memorialization. This determination is final 
and not appealable.
    (7) Notice of Decision. The Superintendent shall provide written 
notification to the decedent's representative of the Assistant 
Secretary of the Army's decision.


Sec.  553.26  Prohibition of interment, inurnment, or memorialization 
of persons who have committed certain crimes.

    (a) Prohibition. Pursuant to 38 U.S.C. 2411, the interment, 
inurnment, or memorialization in Arlington National Cemetery or United 
States Soldiers and Airmen's Home National Cemetery of any of the 
following persons is prohibited:
    (1) Any person identified in writing to the Superintendent, 
Arlington National Cemetery, by the United States Attorney General, 
prior to approval of an interment, inurnment, or memorialization, as a 
person who has been convicted of a Federal capital crime, as defined in 
Sec.  553.1, for which a life sentence or the death penalty may be 
imposed. Approval does not occur until the deceased is interred, 
inurned, or memorialized.
    (2) Any person identified in writing to the Superintendent, 
Arlington National Cemetery by the appropriate State official, prior to 
approval of an interment, inurnment, or memorialization, as a person 
who has been convicted of a State capital crime, as defined in Sec.  
553.1, for which a life sentence or the death penalty may be imposed. 
Approval does not occur until the deceased is interred, inurned, or 
memorialized.
    (3) Any person found under procedures specified in Sec.  553.27 to 
have committed a State or Federal capital crime but who has avoided 
conviction of such crime by reason of unavailability for trial due to 
death or flight to avoid prosecution. Notice from officials is not 
required for this prohibition to apply.
    (b) Notice. The Superintendent, Arlington National Cemetery, is 
designated as the Secretary of the Army's representative authorized to 
receive from the appropriate Federal or State officials notification of 
conviction of capital crimes referred to in this section.
    (c) Confirmation of person's eligibility. (1) If notice has not 
been received, but the Superintendent has reason to believe that the 
person may have been convicte