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Union Calendar No. 37

106TH CONGRESS

1ST SESSION H. R. 70

[Report No. 106–70]

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 6, 1999

Mr. STUMP (for himself, Mr. EVANS, and Mr. BILIRAKIS) introduced the

following bill; which was referred to the Committee on Veterans’ Affairs

MARCH 18, 1999

Additional sponsors: Mr. QUINN, Mr. SAXTON, Ms. DANNER, Mrs.

CHENOWETH, Mr. MCINTOSH, Mr. HILLEARY, Mr. GRAHAM, Mr. JENKINS, Mrs. MCCARTHY of New York, Ms. CARSON, Ms. BROWN of Florida, Mr. CONDIT, Mr. HOLDEN, Mr. MCNULTY, Mr. BLILEY, Mr. ACKERMAN, Mrs. THURMAN, Mr. HORN, Mr. HASTINGS of Washington, Mr.

TANCREDO, Mr. DAVIS of Florida, Mr. BORSKI, Mr. LATOURETTE, Mr.

STEARNS, Mr. PALLONE, Ms. KAPTUR, Mr. LAFALCE, Mrs. MYRICK, Mr.

GIBBONS, Mr. ENGLISH of Pennsylvania, Mr. GREEN of Texas, Ms.

GRANGER, Mr. SUNUNU, Mr. LEWIS of Kentucky, Mrs. KELLY, Mr.

GARY MILLER of California, Mr. LAHOOD, Mr. CROWLEY, Mr. FROST,

Mr. KLECZKA, Mr. TURNER, Mr. BARRETT of Wisconsin, Mr. CRANE,

Mr. GUTKNECHT, Mr. WALDEN of Oregon, Mr. SMITH of New Jersey,

Mr. UNDERWOOD, Mr. BRYANT, Mr. TIERNEY, Mrs. CUBIN, Mr. SHOWS,

Mr. NEY, Mr. NETHERCUTT, Mr. GEJDENSON, Mr. DINGELL, Ms. PRYCE

of Ohio, Mr. CUNNINGHAM, Mr. LIPINSKI, Mr. TAYLOR of Mississippi,

Mr. MARTINEZ, Mr. BARRETT of Nebraska, Mr. SISISKY, Mrs. BIGGERT,

Mr. LARGENT, Mr. FALEOMAVAEGA, Mr. HAYWORTH, Mrs. JONES of

Ohio, Mr. UPTON, Mr. LANTOS, Mr. MCCOLLUM, Mr. EWING, Mr. SALMON, Mr. KOLBE, Mr. WHITFIELD, Mr. MCKEON, Mr. FOLEY, Mr. BROWN

of Ohio, Mr. SPENCE, Mr. BATEMAN, Mr. FRANKS of New Jersey, Mr.

RAHALL, Mrs. EMERSON, Mr. COSTELLO, Mr. HOBSON, Mr. BILBRAY,

Mr. LATHAM, Mr. GOODE, Mr. WYNN, Mr. TERRY, Mr. PEASE, Mr.

WELLER, Mr. REYES, Mr. GORDON, Mr. HUTCHINSON, Mr. SENSENBRENNER, Mr. SWEENEY, Mr. GOODLATTE, Mr. LUCAS of Oklahoma,
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Mr. LAZIO, Mr. PICKETT, Mrs. CLAYTON, Mr. BOEHLERT, Mr. STUPAK,

Mr. MALONEY of Connecticut, Mr. FOSSELLA, Mr. EVERETT, Mrs. JOHNSON of Connecticut, Mr. PICKERING, Mr. JEFFERSON, Mr. MCINTYRE,

Ms. LOFGREN, Mr. GALLEGLY, and Mr. SIMPSON

MARCH 18, 1999

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

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:

11 ‘‘§ 2412. Arlington National Cemetery: persons eligi12 ble for burial

13 ‘‘(a) PRIMARY ELIGIBILITY.—The remains of the fol14 lowing individuals may be buried in Arlington National

15 Cemetery:
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1 ‘‘(1) Any member of the Armed Forces who

2 dies while on active duty.

3 ‘‘(2) Any retired member of the Armed Forces

4 and any person who served on active duty and at the

5 time of death was entitled (or but for age would

6 have been entitled) to retired pay under chapter

7 1223 of title 10, United States Code.

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

9 separated for physical disability before October 1,

10 1949, who—

11 ‘‘(A) served on active duty; and

12 ‘‘(B) would have been eligible for retire13 ment under the provisions of section 1201 of

14 title 10 (relating to retirement for disability)

15 had that section been in effect on the date of

16 separation of the member.

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

18 whose last active duty military service terminated

19 honorably and who has been awarded one of the fol20 lowing decorations:

21 ‘‘(A) Medal of Honor.

22 ‘‘(B) Distinguished Service Cross, Air

23 Force Cross, or Navy Cross.

24 ‘‘(C) Distinguished Service Medal.

25 ‘‘(D) Silver Star.
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1 ‘‘(E) Purple Heart.

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

3 after November 30, 1993.

4 ‘‘(6) The President or any former President.

5 ‘‘(b) ELIGIBILITY OF FAMILY MEMBERS.—The re6 mains of the following individuals may be buried in Arling7 ton National Cemetery:

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

9 purposes of this paragraph includes any remarried

10 surviving spouse, section 2402(5) of this title not11 withstanding), minor child, and, at the discretion of

12 the Superintendent, unmarried adult child of a per13 son listed in subsection (a), but only if buried in the

14 same gravesite as that person.

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

16 discretion of the Superintendent, unmarried adult

17 child of a member of the Armed Forces on active

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

19 child dies while such member is on active duty.

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

21 and unmarried adult child is eligible under subpara22 graph (A), but only if buried in the same gravesite

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

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

25 adult child whose remains, based on the eligibility of
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1 a parent, are already buried in Arlington National

2 Cemetery, but only if buried in the same gravesite

3 as that minor child or unmarried adult child.

4 ‘‘(4)(A) Subject to subparagraph (B), the sur5 viving spouse, minor child, and, at the discretion of

6 the Superintendent, unmarried adult child of a

7 member of the Armed Forces who was lost, buried

8 at sea, or officially determined to be permanently ab9 sent in a status of missing or missing in action.

10 ‘‘(B) A person is not eligible under subpara11 graph (A) if a memorial to honor the memory of the

12 member is placed in a cemetery in the national cem13 etery system, unless the memorial is removed. A me14 morial removed under this subparagraph may be

15 placed, at the discretion of the Superintendent, in

16 Arlington National Cemetery.

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

18 the discretion of the Superintendent, unmarried

19 adult child of a member of the Armed Forces buried

20 in a cemetery under the jurisdiction of the American

21 Battle Monuments Commission.

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

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

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

25 or mental condition, the child may be buried under sub-
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1 section (b) without requirement for approval by the Super2 intendent under that subsection if the burial is in the same

3 gravesite as the gravesite in which the parent, who is eligi4 ble for burial under subsection (a), has been or will be

5 buried.

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

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

8 burial under subsection (a) who is buried in Arlington Na9 tional Cemetery as part of a group burial, the surviving

10 spouse, minor child, or unmarried adult child of the mem11 ber may not be buried in the group gravesite.

12 ‘‘(e) EXCLUSIVE AUTHORITY FOR BURIAL IN AR13 LINGTON NATIONAL CEMETERY.—Eligibility for burial of

14 remains in Arlington National Cemetery prescribed under

15 this section is the exclusive eligibility for such burial.

16 ‘‘(f) APPLICATION FOR BURIAL.—A request for bur17 ial of remains of an individual in Arlington National Cem18 etery made before the death of the individual may not be

19 considered by the Secretary of the Army or any other re20 sponsible official.

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

22 Secretary of the Army shall maintain a register of each

23 individual buried in Arlington National Cemetery and

24 shall make such register available to the public.
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1 ‘‘(2) With respect to each such individual buried on

2 or after January 1, 1998, the register shall include a brief

3 description of the basis of eligibility of the individual for

4 burial in Arlington National Cemetery.

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

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

7 Forces’ means—

8 ‘‘(A) any member of the Armed Forces on

9 a retired list who served on active duty and who

10 is entitled to retired pay;

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

12 Fleet Marine Corps Reserve who served on ac13 tive duty and who is entitled to retainer pay;

14 and

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

16 of the Armed Forces who has served on active

17 duty and who has received notice from the Sec18 retary concerned under section 12731(d) of title

19 10, of eligibility for retired pay under chapter

20 1223 of title 10, United States Code.

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

22 Forces’ includes a person whose service is considered

23 active duty service pursuant to a determination of

24 the Secretary of Defense under section 401 of Public

25 Law 95–202 (38 U.S.C. 106 note).
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1 ‘‘(3) The term ‘Superintendent’ means the Su2 perintendent of Arlington National Cemetery.’’.

3 (b) PUBLICATION OF UPDATED PAMPHLET.—Not

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

5 this Act, the Secretary of the Army shall publish an up6 dated pamphlet describing eligibility for burial in Arling7 ton National Cemetery. The pamphlet shall reflect the pro8 visions of section 2412 of title 38, United States Code,

9 as added by subsection (a).

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

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

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

13 item:

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

14 (d) TECHNICAL AMENDMENTS.—(1) Section 2402(5)

15 of title 38, United States Code, is amended by inserting

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

17 for purposes of this chapter’’.

18 (2) Section 2402(7) of such title is amended—

19 (A) by inserting ‘‘(or but for age would have

20 been entitled)’’ after ‘‘was entitled’’;

21 (B) by striking out ‘‘chapter 67’’ and inserting

22 in lieu thereof ‘‘chapter 1223’’; and

23 (C) by striking out ‘‘or would have been entitled

24 to’’ and all that follows and inserting in lieu thereof

25 a period.
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1 (e) EFFECTIVE DATE.—(1) Except as provided in

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

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

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

5 of this Act.

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

7 National Cemetery before the date of the enactment of

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

9 to be eligible for burial in Arlington National Cemetery

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

11 gravesite as such individual.

12 SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COL13 UMBARIUM IN ARLINGTON NATIONAL CEME14 TERY.

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

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

17 added by section 2(a) of this Act, the following new sec18 tion:

19 ‘‘§ 2413. Arlington National Cemetery: persons eligi20 ble for placement in columbarium

21 ‘‘The cremated remains of the following individuals

22 may be placed in the columbarium in Arlington National

23 Cemetery:

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

25 National Cemetery under section 2412 of this title.
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1 ‘‘(2)(A) A veteran whose last period of active

2 duty service (other than active duty for training)

3 ended honorably.

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

5 and, at the discretion of the Superintendent of Ar6 lington National Cemetery, unmarried adult child of

7 such a veteran.’’.

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

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

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

11 by section 2(c) of this Act, the following new item:

‘‘2413. Arlington National Cemetery: persons eligible for placement in columbarium.’’.

12 (c) CONFORMING AMENDMENT.—Section

13 11201(a)(1) of title 46, United States Code, is amended

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

15 subparagraph:

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

17 in the columbarium in Arlington National Cem18 etery).’’.

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

20 United States Code, as added by subsection (a), and sec21 tion 11201(a)(1)(C), as added by subsection (c), shall

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

23 of the enactment of this Act.
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1 SEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY.

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

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

4 added by section 3(a) of this Act, the following new

5 section:

6 ‘‘§ 2414. Arlington National Cemetery: authorized

7 headstones, markers, and monuments

8 ‘‘(a) GRAVESITE MARKERS PROVIDED BY THE SEC9 RETARY.—A gravesite in Arlington National Cemetery

10 shall be appropriately marked in accordance with section

11 2404 of this title.

12 ‘‘(b) GRAVESITE MARKERS PROVIDED AT PRIVATE

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

14 regulations for the provision of headstones or markers to

15 mark a gravesite at private expense in lieu of headstones

16 and markers provided by the Secretary of Veterans Affairs

17 in Arlington National Cemetery.

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

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

20 design, dignified, and appropriate to a military cem21 etery;

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

23 marker provides for the future maintenance of the

24 headstone or marker in the event repairs are nec25 essary;
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1 ‘‘(C) the Secretary of the Army shall not be lia2 ble for maintenance of or damage to the headstone

3 or marker;

4 ‘‘(D) such headstones or markers are aestheti5 cally compatible with Arlington National Cemetery;

6 and

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

8 only in sections of Arlington National Cemetery au9 thorized for such headstones or markers as of Janu10 ary 1, 1947.

11 ‘‘(c) MONUMENTS.—(1) No monument (or similar

12 structure as determined by the Secretary of the Army in

13 regulations) may be placed in Arlington National Ceme14 tery except pursuant to the provisions of this subsection.

15 ‘‘(2) A monument may be placed in Arlington Na16 tional Cemetery if the monument commemorates—

17 ‘‘(A) the service in the Armed Forces of the in18 dividual, or group of individuals, whose memory is to

19 be honored by the monument; or

20 ‘‘(B) a particular military event.

21 ‘‘(3) No monument may be placed in Arlington Na22 tional Cemetery until the end of the 25-year period

23 beginning—
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1 ‘‘(A) in the case of commemoration of service

2 under paragraph (1)(A), on the last day of the pe3 riod of service so commemorated; and

4 ‘‘(B) in the case of commemoration of a par5 ticular military event under paragraph (1)(B), on

6 the last day of the period of the event.

7 ‘‘(4) A monument may be placed only in those sec8 tions of Arlington National Cemetery designated by the

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

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

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

12 Code, is amended by adding after section 2413, as added

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

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

monuments.’’.

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

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

16 markers, or monuments placed in Arlington National

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

18 Act.

19 SEC. 5. PUBLICATION OF REGULATIONS.

20 Not later than one year after the date of the enact21 ment of this Act, the Secretary of the Army shall publish

22 in the Federal Register any regulation proposed by the

23 Secretary under this Act.
Union Calendar No. 37

106TH CONGRESS

1ST SESSION H. R. 70

[Report No. 106–70]

A BILL

To amend title 38, United States Code, to enact

poses.lington National Cemetery, and for other purinto law eligibility requirements for burial in ArMARCH 18, 1999

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed