Removal of Nazi Symbols and Inscriptions on Headstones of Prisoners of War in VA National Cemeteries

Removal of Nazi Symbols and Inscriptions on Headstones of Prisoners of War in VA National Cemeteries

Updated June 8, 2022
Removal of Nazi Symbols and Inscriptions on Headstones of
Prisoners of War in VA National Cemeteries
Overview
Fort Sam Houston National Cemetery, located in San
During World War II, hundreds of thousands of German,
Antonio, TX, is one of the 155 cemeteries under VA
Italian, and Japanese prisoners of war (POWs) were held in
jurisdiction and has been administered by VA for almost 50
the United States at various military installations. During
years. Established by the U.S. War Department in 1937, the
this time, the U.S. military standardized gravestones for its
cemetery remained under the Army’s jurisdiction until
servicemembers but not for POWs. Under Article 120 of
1973, when P.L. 93-43, the National Cemeteries Act, was
the 1949 Geneva Convention Relative to the Treatment of
enacted, which transferred Fort Sam Houston National
Prisoners of War, the United States must “ensure that
Cemetery and 81 other national cemeteries from DOD to
prisoners of war who have died in captivity are honourably
VA.
buried … and that their graves are respected, suitably
maintained and marked so as to be found at any time.”
More recently, the Office of the Army Cemeteries
International law does not appear to further specify the style
transferred additional cemeteries to NCA pursuant to
or content of POW grave markers.
Executive Order 13781 of March 13, 2017, and VA’s own
agency reform plan. This plan was also included in a 2018
According to the Department of Veterans Affairs (VA),
White House initiative, Delivering Government Solutions in
approximately 1,000 of the POWs who died while in the
the 21st Century: Reform Plan and Reorganization
United States were buried in military cemeteries that have
Recommendations, which endorsed the consolidation of
since been transferred from the Department of Defense
federal veterans’ cemeteries to “alleviate duplicative
(DOD) to VA. In 2020, three of these POW headstones
mission requirements and entrust operational control to an
became a topic of controversy. The headstones—located in
agency with more expertise in running cemeteries.”
Fort Douglas Post Cemetery, UT, and in Fort Sam Houston
National Cemetery, TX—were installed during the 1940s,
In December 2019, Fort Douglas Post Cemetery—the
and each bore the Iron Cross insignia representing a
cemetery that contained the POW headstone with the
Prussian and German military honor that included a
swastika—was transferred to VA’s jurisdiction. In March
swastika when awarded by Nazi Germany. Two of these
2020, Vancouver Barracks Military Cemetery was
headstones also had a German-language inscription that
transferred to Willamette National Cemetery. Additional
translated to “He died far from his home for Führer, people
Army cemeteries were transferred to NCA in 2020,
and Fatherland.”
including those at Fort McClellan, AL; Fort Worden, WA;
Fort Stevens, OR; Fort Devens, MA; and Benicia Arsenal,
On May 12, 2020, the Military Religious Freedom
CA.
Foundation’s Founder and President, Michael L. Weinstein,
called on then-VA Secretary Robert Wilkie to immediately
Congressional Requests
remove the three World War II–era headstones located in
On May 25, 2020, a bipartisan group of Representatives
the two VA national cemeteries. VA said it appeared that
serving on the House Appropriations Committee sent a
these three headstones were the only ones that contained a
letter to then-VA Secretary Wilkie requesting that VA
swastika or a Nazi Germany–related inscription and
remove the gravestones or alter them to remove the
proceeded with the Section 106 Review process under the
“swastika-adorned headstones and messages honoring
National Historic Preservation Act (NHPA). On December
Hitler.” The letter acknowledged that the cemeteries were
23, 2020, the VA cemetery director and workers at Fort
not under VA control when the headstones were placed but
Sam Houston National Cemetery removed and replaced the
that “there is no excuse for VA to maintain these
two controversial headstones located there. On March 8,
headstones instead of replacing them.”
2022, VA’s National Cemetery Administration (NCA)
removed the third controversial headstone in Fort Douglas
During the House Military Construction-VA
Post Cemetery and replaced it with a historically accurate
Appropriations Subcommittee hearing on May 28, 2020,
headstone.
committee members asked then-Secretary Wilkie about this
issue. He did not commit to removing the headstones in
Department of Defense Property
question but stated, “I happen to think that making sure that
Transfer to Department of Veterans
when people visit our cemeteries they are educated and
Affairs
informed of the horror is an incredibly important thing to
The VA’s NCA administers most national cemeteries, with
do…. I think we can find [a] way to put this in historical
155 cemeteries under its jurisdiction. The National Park
context.”
Service and Department of the Army administer 14 and 30
national veterans’ cemeteries, respectively.
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Removal of Nazi Symbols and Inscriptions on Headstones of Prisoners of War in VA National Cemeteries
Department of Veterans Affairs’
and considered “historic properties,” removal of the
Response
headstones or funding of their removal would appear to be
On June 1, 2020, VA announced it would begin the official
an undertaking within the meaning of the NHPA.
review process prescribed by Section 106 of the NHPA (54
Section 106 Process
U.S.C §§300101 et seq.) to inform its determination of the
The NHPA authorizes the Advisory Council on Historic
best way to replace these headstones with proper historical
Preservation to oversee Section 106’s implementation. The
markers.
NHPA-created Advisory Council is an independent agency
Following this review, all three headstones were ultimately
consisting of federal, state, and tribal government members,
removed and replaced with historically accurate
as well as experts in historic preservation and members of
government-furnished headstones. The previous headstones
the public. Through its authority under the NHPA, the
are with the NCA History Program and scheduled to
Advisory Council promulgated regulations for the Section
eventually be on display at the National VA History Center
106 process at Title 36, Part 800, of the Code of Federal
in Dayton, OH. VA is also installing “interpretive signs at
Regulations.
all VA national cemeteries where foreign enemy prisoners
When a federal agency finds its project is an “undertaking”
of war are interred in order to provide historical context
under the NHPA, it must initiate the Section 106 process by
about how non-U.S. service members from World War I
identifying the appropriate consulting parties. Consultation
and World War II were interred and buried on American
is the backbone of the Section 106 process, and it requires
soil.” NCA installed interpretive signage on December 6,
an agency to solicit input from outside parties when
2021, in Burial Section ZA of Fort Sam Houston National
considering potential impacts to historic properties.
Cemetery and is currently developing signage for the
Consulting parties vary depending on the federal action but
headstone in Fort Douglas Post Cemetery. In addition,
may include the relevant state, tribal, or federal historic
throughout 2022, VA plans to install interpretive signing at
preservation offices; the Advisory Council; and other
other POW gravesites in VA national cemeteries.
stakeholders as appropriate. In addition, the agency is
National Historic Preservation Act
required to seek the views of the public during a Section
Among its various provisions, the NHPA requires federal
106 review. According to the regulations, “the views of the
agencies, prior to expending federal funds or granting a
public are essential to informed Federal decision-making in
license to any undertaking over which they have direct or
the section 106 process. The agency official shall seek and
indirect jurisdiction, to consider the effects of the
consider the views of the public” (36 C.F.R. §800.2(d)).
undertaking on historic properties (54 U.S.C. §306108).
Through the consultation process, the agency is to make a
This process, commonly known as a Section 106 review, is
determination as to whether the undertaking adversely
found in Section 106 of the NHPA.
affects the historic properties identified. When historic
The obligation to comply with the Section 106 requirement
properties are adversely affected, the agency and consulting
occurs when agencies determine both that a proposed
parties may enter into a binding Memorandum of
federal action constitutes an “undertaking” and that the
Agreement, which “govern[s] the undertaking and all of its
undertaking has the potential to affect a historic property.
parts,” including how the agency will address adverse
Federal regulations define an undertaking as
effects. If the parties are unable to agree on a resolution of
adverse effects, they may follow specified procedures for
a project, activity, or program funded in whole or in
terminating consultation (36 C.F.R. §800.7(a)).
part under the direct or indirect jurisdiction of a
Federal agency, including those carried out by or on
Although the NHPA requires agencies to implement certain
behalf of a Federal agency; those carried out with
processes before undertaking a project affecting historic
Federal financial assistance; and those requiring a
properties, it does not prohibit agencies from completing
Federal permit, license or approval.
those projects. Several courts have explained that the
Under the NHPA, historic properties include any prehistoric
NHPA is “a procedural statute requiring government
agencies to ‘stop, look, and listen’ before proceeding with
or historic districts, sites, buildings, structures, or objects
that are listed or eligible for listing on the National Register
agency action.” (See, for example, Te-Moak Tribe of W.
of Historic Places. The National Register serves as the
Shoshone of Nevada v. U.S. Dep’t of Interior, 608 F.3d
United States’ “official list” of properties significant in
592, 607 (9th Cir. 2010).) In other words, although VA may
“American history, architecture, archeology, engineering
have been required to comply with the NHPA’s process for
and culture” (54 U.S.C. §302101). Regulations for
first considering the impact of removing the headstones
eligibility and listing on the National Register can be found
bearing the Iron Cross insignia, the NHPA would not have
at Title 36, Part 60, of the Code of Federal Regulations.
prevented VA from proceeding with the removals even if
this action were found to adversely affect historic
As noted above, all three headstones bearing the Iron Cross
properties.
insignia had been or are located in national cemeteries.
According to the National Park Service, which administers
Heather M. Salazar, Coordinator, Analyst in Veterans
the National Register, “All national cemeteries are
Policy
considered exceptionally significant as a result of their
Mark K. DeSantis, Analyst in Natural Resources Policy
Congressional designation as nationally significant places
of burial and commemoration” and therefore met the
Barbara Salazar Torreon, Senior Research Librarian
criteria for listing in the National Register. Accordingly,
Mainon A. Schwartz, Legislative Attorney
because the headstones were located in national cemeteries
IF11587
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Removal of Nazi Symbols and Inscriptions on Headstones of Prisoners of War in VA National Cemeteries

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https://crsreports.congress.gov | IF11587 · VERSION 3 · UPDATED