I 

108TH CONGRESS 

1ST SESSION H. R. 358

To amend title 38, United States Code, to enact into law eligibility requirements for burial in Arlington National Cemetery, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2003

Mr. EVERETT introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL

To amend title 38, United States Code, to enact into law 

eligibility requirements for burial in Arlington National 

Cemetery, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Arlington National 

5 Cemetery Burial Eligibility Act’’. 

6 SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NA7 TIONAL CEMETERY. 

8 (a) IN GENERAL.—Chapter 24 of title 38, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 
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1 ‘‘§ 2412. Arlington National Cemetery: persons eligi2 ble for burial 

3 ‘‘(a) PRIMARY ELIGIBILITY.—The remains of the fol4 lowing individuals may be buried in Arlington National 

5 Cemetery: 

6 ‘‘(1) Any member of the Armed Forces who 

7 dies while on active duty. 

8 ‘‘(2)(A) Any retired member of the Armed 

9 Forces. 

10 ‘‘(B) Any member or former member of a re11 serve component of the Armed Forces—

12 ‘‘(i) who served on active duty; 

13 ‘‘(ii) who was honorably discharged from 

14 such active duty service; 

15 ‘‘(iii) who, at the time of death, was under 

16 60 years of age; and 

17 ‘‘(iv) who, but for age, would have been eli18 gible at the time of death for retired pay under 

19 chapter 1223 of title 10. 

20 ‘‘(3) Any former member of the Armed Forces 

21 separated for physical disability before October 1, 

22 1949, who—

23 ‘‘(A) served on active duty; and 

24 ‘‘(B) would have been eligible for retire25 ment under the provisions of section 1201 of 

26 title 10 (relating to retirement for disability) 
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1 had that section been in effect on the date of 

2 separation of the member. 

3 ‘‘(4) Any former member of the Armed Forces 

4 whose last active duty military service terminated 

5 honorably and who has been awarded one of the fol6 lowing decorations: 

7 ‘‘(A) Medal of Honor. 

8 ‘‘(B) Distinguished Service Cross, Air 

9 Force Cross, or Navy Cross. 

10 ‘‘(C) Distinguished Service Medal. 

11 ‘‘(D) Silver Star. 

12 ‘‘(E) Purple Heart. 

13 ‘‘(5) Any former prisoner of war who dies on or 

14 after November 30, 1993. 

15 ‘‘(6) Any member of a reserve component of the 

16 Armed Forces who dies in the performance of duty 

17 while on active duty for training or inactive duty 

18 training. 

19 ‘‘(7) The President or any former President. 

20 ‘‘(b) ELIGIBILITY OF FAMILY MEMBERS.—The re21 mains of the following individuals may be buried in Arling22 ton National Cemetery: 

23 ‘‘(1) The spouse, surviving spouse (which for 

24 purposes of this paragraph includes any remarried 

25 surviving spouse, section 2402(5) of this title not-
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1 withstanding), minor child, and, at the discretion of 

2 the Superintendent, unmarried adult child of a per3 son listed in subsection (a), but only if buried in the 

4 same gravesite as that person. 

5 ‘‘(2)(A) The spouse, minor child, and, at the 

6 discretion of the Superintendent, unmarried adult 

7 child of a member of the Armed Forces on active 

8 duty if such spouse, minor child, or unmarried adult 

9 child dies while such member is on active duty. 

10 ‘‘(B) The individual whose spouse, minor child, 

11 and unmarried adult child is eligible under subpara12 graph (A), but only if buried in the same gravesite 

13 as the spouse, minor child, or unmarried adult child. 

14 ‘‘(3) The parents of a minor child or unmarried 

15 adult child whose remains, based on the eligibility of 

16 a parent, are already buried in Arlington National 

17 Cemetery, but only if buried in the same gravesite 

18 as that minor child or unmarried adult child.

19 ‘‘(4)(A) Subject to subparagraph (B), the sur20 viving spouse, minor child, and, at the discretion of 

21 the Superintendent, unmarried adult child of a 

22 member of the Armed Forces who was lost, buried 

23 at sea, or officially determined to be permanently ab24 sent in a status of missing or missing in action. 
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1 ‘‘(B) A person is not eligible under subpara2 graph (A) if a memorial to honor the memory of the 

3 member is placed in a cemetery in the national cem4 etery system, unless the memorial is removed. A me5 morial removed under this subparagraph may be 

6 placed, at the discretion of the Superintendent, in 

7 Arlington National Cemetery.

8 ‘‘(5) The surviving spouse, minor child, and, at 

9 the discretion of the Superintendent, unmarried 

10 adult child of a member of the Armed Forces buried 

11 in a cemetery under the jurisdiction of the American 

12 Battle Monuments Commission. 

13 ‘‘(c) DISABLED ADULT UNMARRIED CHILDREN.—In 

14 the case of an unmarried adult child who is incapable of 

15 self-support up to the time of death because of a physical 

16 or mental condition, the child may be buried under sub17 section (b) without requirement for approval by the Super18 intendent under that subsection if the burial is in the same 

19 gravesite as the gravesite in which the parent, who is eligi20 ble for burial under subsection (a), has been or will be 

21 buried. 

22 ‘‘(d) FAMILY MEMBERS OF PERSONS BURIED IN A

23 GROUP GRAVESITE.—In the case of a person eligible for 

24 burial under subsection (a) who is buried in Arlington Na25 tional Cemetery as part of a group burial, the surviving 
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1 spouse, minor child, or unmarried adult child of the mem2 ber may not be buried in the group gravesite. 

3 ‘‘(e) EXCLUSIVE AUTHORITY FOR BURIAL IN AR4 LINGTON NATIONAL CEMETERY.—(1) Eligibility for bur5 ial of remains in Arlington National Cemetery prescribed 

6 under this section is the exclusive eligibility for such bur7 ial. 

8 ‘‘(2)(A) In the case of an individual not otherwise eli9 gible for burial under subsection (a) whose acts, service, 

10 or contributions to the Armed Forces are so extraordinary 

11 as to justify burial in Arlington National Cemetery, the 

12 President may deem such individual eligible for burial 

13 under subsection (a). 

14 ‘‘(B) If the President deems an individual eligible for 

15 burial in Arlington National Cemetery under subpara16 graph (A), the Secretary of the Army shall immediately 

17 notify the chairmen and the ranking members of the Com18 mittee on Veterans’ Affairs of the Senate and House of 

19 Representatives. 

20 ‘‘(C)(i) Except as provided in clause (ii), the author21 ity under subparagraph (A) may not be delegated. 

22 ‘‘(ii) The President may only delegate the authority 

23 under subparagraph (A) to the Secretary of the Army. 

24 ‘‘(f) APPLICATION FOR BURIAL.—(1) A request for 

25 burial of remains of an individual in Arlington National 
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1 Cemetery shall be made to the Secretary of the Army or 

2 to any other Federal official that the Secretary of the 

3 Army may specify. 

4 ‘‘(2) The Secretary, or other Federal official, may not 

5 consider a request referred to in paragraph (1) that is 

6 made before the death of the individual for whom burial 

7 in Arlington National Cemetery is requested. 

8 ‘‘(3) The President, or the Secretary, as the case may 

9 be, may not consider a request to deem an individual eligi10 ble for burial in Arlington National Cemetery under sub11 section (e)(2) that is made before the death of the indi12 vidual for whom burial in Arlington National Cemetery is 

13 requested. 

14 ‘‘(g) REGISTER OF BURIED INDIVIDUALS.—(1) The 

15 Secretary of the Army shall maintain a register of each 

16 individual buried in Arlington National Cemetery and 

17 shall make such register available to the public. 

18 ‘‘(2) With respect to each such individual buried on 

19 or after January 1, 2003, the register shall include a brief 

20 description of the basis of eligibility of the individual for 

21 burial in Arlington National Cemetery. 

22 ‘‘(h) DEFINITIONS.—For purposes of this section: 

23 ‘‘(1) The term ‘retired member of the Armed 

24 Forces’ means—
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1 ‘‘(A) any member of the Armed Forces on 

2 a retired list who served on active duty and who 

3 is entitled to retired pay; 

4 ‘‘(B) any member of the Fleet Reserve or 

5 Fleet Marine Corps Reserve who served on ac6 tive duty and who is entitled to retainer pay; 

7 and 

8 ‘‘(C) any member of a reserve component 

9 of the Armed Forces who has served on active 

10 duty and who has received notice from the Sec11 retary concerned under section 12731(d) of title 

12 10, of eligibility for retired pay under chapter 

13 1223 of title 10, United States Code. 

14 ‘‘(2) The term ‘former member of the Armed 

15 Forces’ includes a person whose service is considered 

16 active duty service pursuant to a determination of 

17 the Secretary of Defense under section 401 of Public 

18 Law 95–202 (38 U.S.C. 106 note). 

19 ‘‘(3) The term ‘Superintendent’ means the Su20 perintendent of Arlington National Cemetery.’’. 

21 (b) PUBLICATION OF UPDATED PAMPHLET.—Not 

22 later than 180 days after the date of the enactment of 

23 this Act, the Secretary of the Army shall publish an up24 dated pamphlet describing eligibility for burial in Arling25 ton National Cemetery. The pamphlet shall reflect the pro-
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1 visions of section 2412 of title 38, United States Code, 

2 as added by subsection (a). 

3 (c) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 24 of title 38, United States 

5 Code, is amended by adding at the end the following new 

6 item:

‘‘2412. Arlington National Cemetery: persons eligible for burial.’’.

7 (d) TECHNICAL AMENDMENT.—Section 2402(5) of 

8 title 38, United States Code, is amended by inserting ‘‘, 

9 except section 2412(b)(1) of this title,’’ after ‘‘which for 

10 purposes of this chapter’’. 

11 (e) CONFORMING REPEAL.—Section 1176 of the Na12 tional Defense Authorization Act for Fiscal Year 1994 

13 (Public Law 103–160; 38 U.S.C. 2402 note) is repealed. 

14 (f) EFFECTIVE DATE.—(1) Except as provided in 

15 paragraph (2), section 2412 of title 38, United States 

16 Code, as added by subsection (a), shall apply with respect 

17 to individuals dying on or after the date of the enactment 

18 of this Act. 

19 (2) In the case of an individual buried in Arlington 

20 National Cemetery before the date of the enactment of

21 this Act, the surviving spouse of such individual is deemed 

22 to be eligible for burial in Arlington National Cemetery 

23 under subsection (b) of such section, but only in the same 

24 gravesite as such individual.
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1 SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COL2 UMBARIUM IN ARLINGTON NATIONAL CEME3 TERY. 

4 (a) IN GENERAL.—Chapter 24 of title 38, United 

5 States Code, is amended by adding after section 2412, as 

6 added by section 2(a) of this Act, the following new sec7 tion: 

8 ‘‘§ 2413. Arlington National Cemetery: persons eligi9 ble for placement in columbarium 

10 ‘‘The cremated remains of the following individuals 

11 may be placed in the columbarium in Arlington National 

12 Cemetery: 

13 ‘‘(1) A person eligible for burial in Arlington 

14 National Cemetery under section 2412 of this title. 

15 ‘‘(2)(A) A veteran whose last period of active 

16 duty service (other than active duty for training) 

17 ended honorably. 

18 ‘‘(B) The spouse, surviving spouse, minor child, 

19 and, at the discretion of the Superintendent of Ar20 lington National Cemetery, unmarried adult child of 

21 such a veteran.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 24 of title 38, United States 

24 Code, is amended by adding after section 2412, as added 

25 by section 2(c) of this Act, the following new item:
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‘‘2413. Arlington National Cemetery: persons eligible for placement in columbarium.’’.

1 (c) CONFORMING AMENDMENT.—Section 

2 11201(a)(1) of title 46, United States Code, is amended 

3 by inserting after subparagraph (B), the following new 

4 subparagraph: 

5 ‘‘(C) Section 2413 (relating to placement 

6 in the columbarium in Arlington National Cem7 etery).’’. 

8 (d) EFFECTIVE DATE.—Section 2413 of title 38, 

9 United States Code, as added by subsection (a), and sec10 tion 11201(a)(1)(C), as added by subsection (c), shall 

11 apply with respect to individuals dying on or after the date 

12 of the enactment of this Act. 

13 SEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY. 

14 (a) IN GENERAL.—Chapter 24 of title 38, United 

15 States Code, is amended by adding after section 2413, as 

16 added by section 3(a) of this Act, the following new sec17 tion: 

18 ‘‘§ 2414. Arlington National Cemetery: authorized 

19 headstones, markers, and monuments 

20 ‘‘(a) GRAVESITE MARKERS PROVIDED BY THE SEC21 RETARY.—A gravesite in Arlington National Cemetery 

22 shall be appropriately marked in accordance with section 

23 2404 of this title. 
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1 ‘‘(b) GRAVESITE MARKERS PROVIDED AT PRIVATE

2 EXPENSE.—(1) The Secretary of the Army shall prescribe 

3 regulations for the provision of headstones or markers to 

4 mark a gravesite at private expense in lieu of headstones 

5 and markers provided by the Secretary of Veterans Affairs 

6 in Arlington National Cemetery. 

7 ‘‘(2) Such regulations shall ensure that—

8 ‘‘(A) such headstones or markers are of simple 

9 design, dignified, and appropriate to a military cem10 etery; 

11 ‘‘(B) the person providing such headstone or 

12 marker provides for the future maintenance of the 

13 headstone or marker in the event repairs are nec14 essary; 

15 ‘‘(C) the Secretary of the Army shall not be lia16 ble for maintenance of or damage to the headstone 

17 or marker; 

18 ‘‘(D) such headstones or markers are aestheti19 cally compatible with Arlington National Cemetery; 

20 and 

21 ‘‘(E) such headstones or markers are permitted 

22 only in sections of Arlington National Cemetery au23 thorized for such headstones or markers as of Janu24 ary 1, 1947. 
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1 ‘‘(c) MONUMENTS.—(1) No monument (or similar 

2 structure as determined by the Secretary of the Army in 

3 regulations) may be placed in Arlington National Ceme4 tery except pursuant to the provisions of this subsection. 

5 ‘‘(2) A monument may be placed in Arlington Na6 tional Cemetery if the monument commemorates—

7 ‘‘(A) the service in the Armed Forces of the in8 dividual, or group of individuals, whose memory is to 

9 be honored by the monument; or 

10 ‘‘(B) a particular military event. 

11 ‘‘(3) No monument may be placed in Arlington Na12 tional Cemetery until the end of the 25-year period begin13 ning—

14 ‘‘(A) in the case of commemoration of service 

15 under paragraph (1)(A), on the last day of the pe16 riod of service so commemorated; and 

17 ‘‘(B) in the case of commemoration of a par18 ticular military event under paragraph (1)(B), on 

19 the last day of the period of the event. 

20 ‘‘(4) A monument may be placed only in those sec21 tions of Arlington National Cemetery designated by the 

22 Secretary of the Army for such placement.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of chapter 24 of title 38, United States 
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1 Code, is amended by adding after section 2413, as added 

2 by section 3(b) of this Act, the following new item:

‘‘2414. Arlington National Cemetery: authorized headstones, markers, and 

monuments.’’.

3 (c) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall apply with respect to headstones, 

5 markers, or monuments placed in Arlington National 

6 Cemetery on or after the date of the enactment of this 

7 Act. 

8 SEC. 5. PUBLICATION OF REGULATIONS. 

9 Not later than one year after the date of the enact10 ment of this Act, the Secretary of the Army shall publish 

11 in the Federal Register any regulation proposed by the 

12 Secretary to carry out sections 2 through 4.

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