I provides a more detailed list of requirements for burial at Arlington and at other national cemeteries.) Trends in Waiver Decisions

Our review of Army files indicated that since 1967, 196 waivers for burial in Arlington have been granted, while at least 144 documented waiver requests have been denied. About 63 percent of the 196 waivers granted involved burial of an individual in the same grave site as someone already interred or expected to be interred. Process for Considering Waiver Requests

Most waiver requests have been handled through an internal Army review process involving officials responsible for the administration of Arlington. In addition, the Army waiver review process is not followed in all cases, particularly in those cases in which the President makes a waiver decision. Public Knowledge of the Waiver Process

Although a waiver process exists, it has not been formally established in regulatory policy. But others persist in their efforts and may contact a high-level government official, such as a congressional or administration official, in order to pursue their request. Our review of the records for waiver cases decided during the tenure of the current superintendent showed that although the bases for waiver decisions were frequently cited by the superintendent and the Assistant Secretary of the Army, this was not always the case for decisions made by the Secretary of the Army and was rarely the case for presidential waiver decisions. While there is a legal basis for the Secretary of the Army and the President to make waiver decisions and to adopt procedures for doing so, this authority is not explicit. Eliminating the Secretary’s and the President’s authority to grant waivers.
Why GAO Did This Study

Pursuant to a congressional request, GAO discussed the waiver process for burials in Arlington National Cemetery, focusing on: (1) the trends in waiver decisions; (2) whether legal authority exists to grant waivers; (3) the process used in making waiver decisions; and (4) the criteria applied in the decisionmaking.

What GAO Found

GAO noted that: (1) since 1967, 196 waivers have been granted for burial at Arlington cemetery, and at least 144 documented requests have been denied; (2) of the granted waivers, about 63 percent involved burial of individuals in the same grave site as someone already interred, or expected to be interred; (3) although the Secretary of the Army has no explicit statutory or regulatory authority to grant waivers, it is legal for the Secretary to do so, in part, because of the general legal authority of the Secretary for administering Arlington; (4) GAO found that most waiver requests have been handled through an internal Army review process involving officials responsible for the administration of Arlington; (5) however, this process is not followed in all cases; (6) for example, in the case of presidential waiver decisions, the Army process is generally bypassed; (7) in addition, this process is not widely known or understood, which in some cases has appeared to provide advantages to those who were persistent enough to pursue a waiver request or who were able to obtain the assistance of high-level government officials; and (8) while those responsible for making waiver decisions appear to apply some generally understood criteria, these criteria, which are not formally established, are not always consistently applied or clearly documented.