About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


1 [1] (June 9, 2026)

handle is hein.crs/goveunc0001 and id is 1 raw text is: Congressionol Research Service Informing the IegisI9tive debate since 1914 Updated June 9, 2026 Defense Primer: Arlington National Cemetery Arlington National Cemetery (ANC) is a military cemetery administered by the Office of Army Cemeteries. Located in Arlington County, Virginia, the cemetery was created in 1864 during the Civil War from 200 acres of plantation land that once belonged to George Washington Parke Custis, step-grandson of the first U.S. President. Custis bequeathed his estate to his daughter, who had married U.S. Army 1s Lieutenant Robert E. Lee in 1831. At the start of the Civil War in 1861, the Custis Lee family fled the property. The Union Army then occupied and fortified the estate to help defend the nation's capital. In 1863, Freedman's Village was established on the southern portion of the property to assist formerly enslaved individuals in their transition to freedom by providing shelter, medical care, education, and training. On June 15, 1864, the War Department officially designated the burial site as a military cemetery. The first military burial took place on May 13, 1864, for Private William Henry Christman, a Union soldier from Table I. Current Eligibility Requirements for Burial and Pennsylvania. Since then, over 16,000 Civil War soldiers have been laid to rest at ANC. This includes 2,111 Union and Confederate soldiers who are buried underneath the Tomb of the Civil War Unknowns in Section 26. In total, ANC contains the remains of nearly 5,000 unknown servicemembers. After years of legal wrangling with the Custis Lee family, the U.S. government officially purchased the property on March 3, 1883, for $150,000 (over $4 million today). According to ANC, there are now approximately 430,000 veterans and their eligible dependents buried there. Current ty Eligibility criteria for burial at ANC is in accordance with the Code of Federal Regulations, Title 32, Part 553, Sections 12 and 13. See Table 1. Inurnment at Arlington National Cemetery Inurnment in Columbarium Court In-Ground Burial Servicemember with Honorable Discharge or Niche Wall (Casket or Urn) Dies on Title 10 federal active duty (other than for training) Yes Yes Dies on active duty for training only under Title 10 Yes No Veteran-retired from active duty; reserve retirees receiving retirement pay Yes Yes Veteran-at least one day active duty other than for training Yes No Veteran-received Medal of Honor, Distinguished Service Cross (Air Force or Yes Yes Navy), Distinguished Service Medal, Silver Star, or Purple Heart Any member of a Reserve component of the Armed Forces and any member of the Army National Guard or the Air National Guard whose death occurs Yes No under honorable conditions while on active duty for training or performing full-time service 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 service Yes Yes terminated honorably; and who died on or after November 30, 1993 Source: Arlington National Cemetery, Establishing Eligibility, https://www.arlingtoncemetery.mil/Funerals/Eligibility; and in accordance with 32 C.F.R. Part 553, §§12 and 13. Table is as updated as of June 5, 2026. Proposed Changes to l b ty Due to capacity concerns, in September 2020, the Army proposed changes to the eligibility for in-ground burial and above-ground inurnment at ANC. The proposed rule would limit eligibility to certain groups and was issued in response to requirements in Section 598 of P.L. 115-232, the John S. McCain National Defense Authorization Act (NDAA) for FY2019. The Army indicated that the changes would allow ANC to continue to function as an active burial ground well into the future, defined as 150 years. Without new eligibility restrictions, ANC states that it will run out of space for new burials by 2041-or by the mid-2060s with the eventual completion of the Southern Expansion project. According to the Army, as of June 2026, approximately 67,200 burial spaces remain available within the current cemetery, The public comment period on the proposed rule closed November 16, 2020. After considering public comments, the Army planned to publish a final rule, which they estimated would occur in August 2025, although the rule has not been finalized as of June 5, 2026. According to ANC, implementation of revised eligibility will not affect