I

106TH CONGRESS

1ST SESSION H. R. 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

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 follow10 ing 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) Any retired member of the Armed Forces

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

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

11 have been entitled) to retired pay under chapter

12 1223 of title 10, United States Code.

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

14 separated for physical disability before October 1,

15 1949, who—

16 ‘‘(A) served on active duty; and

17 ‘‘(B) would have been eligible for retire18 ment under the provisions of section 1201 of

19 title 10 (relating to retirement for disability)

20 had that section been in effect on the date of

21 separation of the member.

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

23 whose last active duty military service terminated

24 honorably and who has been awarded one of the fol25 lowing decorations:

26 ‘‘(A) Medal of Honor.
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1 ‘‘(B) Distinguished Service Cross, Air

2 Force Cross, or Navy Cross.

3 ‘‘(C) Distinguished Service Medal.

4 ‘‘(D) Silver Star.

5 ‘‘(E) Purple Heart.

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

7 after November 30, 1993.

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

9 ‘‘(b) ELIGIBILITY OF FAMILY MEMBERS.—The re10 mains of the following individuals may be buried in Arling11 ton National Cemetery:

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

13 purposes of this paragraph includes any remarried

14 surviving spouse, section 2402(5) of this title not15 withstanding), minor child, and, at the discretion of

16 the Superintendent, unmarried adult child of a per17 son listed in subsection (a), but only if buried in the

18 same gravesite as that person.

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

20 discretion of the Superintendent, unmarried adult

21 child of a member of the Armed Forces on active

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

23 child dies while such member is on active duty.

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

25 and unmarried adult child is eligible under subpara-
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1 graph (A), but only if buried in the same gravesite

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

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

4 adult child whose remains, based on the eligibility of

5 a parent, are already buried in Arlington National

6 Cemetery, but only if buried in the same gravesite

7 as that minor child or unmarried adult child.

8 ‘‘(4)(A) Subject to subparagraph (B), the sur9 viving spouse, minor child, and, at the discretion of

10 the Superintendent, unmarried adult child of a

11 member of the Armed Forces who was lost, buried

12 at sea, or officially determined to be permanently ab13 sent in a status of missing or missing in action.

14 ‘‘(B) A person is not eligible under subpara15 graph (A) if a memorial to honor the memory of the

16 member is placed in a cemetery in the national cem17 etery system, unless the memorial is removed. A me18 morial removed under this subparagraph may be

19 placed, at the discretion of the Superintendent, in

20 Arlington National Cemetery.

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

22 the discretion of the Superintendent, unmarried

23 adult child of a member of the Armed Forces buried

24 in a cemetery under the jurisdiction of the American

25 Battle Monuments Commission.
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1 ‘‘(c) DISABLED ADULT UNMARRIED CHILDREN.—In

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

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

4 or mental condition, the child may be buried under sub5 section (b) without requirement for approval by the Super6 intendent under that subsection if the burial is in the same

7 gravesite as the gravesite in which the parent, who is eligi8 ble for burial under subsection (a), has been or will be

9 buried.

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

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

12 burial under subsection (a) who is buried in Arlington Na13 tional Cemetery as part of a group burial, the surviving

14 spouse, minor child, or unmarried adult child of the mem15 ber may not be buried in the group gravesite.

16 ‘‘(e) EXCLUSIVE AUTHORITY FOR BURIAL IN AR17 LINGTON NATIONAL CEMETERY.—Eligibility for burial of

18 remains in Arlington National Cemetery prescribed under

19 this section is the exclusive eligibility for such burial.

20 ‘‘(f) APPLICATION FOR BURIAL.—A request for bur21 ial of remains of an individual in Arlington National Cem22 etery made before the death of the individual may not be

23 considered by the Secretary of the Army or any other re24 sponsible official.
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1 ‘‘(g) REGISTER OF BURIED INDIVIDUALS.—(1) The

2 Secretary of the Army shall maintain a register of each

3 individual buried in Arlington National Cemetery and

4 shall make such register available to the public.

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

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

7 description of the basis of eligibility of the individual for

8 burial in Arlington National Cemetery.

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

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

11 Forces’ means—

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

13 a retired list who served on active duty and who

14 is entitled to retired pay;

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

16 Fleet Marine Corps Reserve who served on ac17 tive duty and who is entitled to retainer pay;

18 and

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

20 of the Armed Forces who has served on active

21 duty and who has received notice from the Sec22 retary concerned under section 12731(d) of title

23 10, of eligibility for retired pay under chapter

24 1223 of title 10, United States Code.
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1 ‘‘(2) The term ‘former member of the Armed

2 Forces’ includes a person whose service is considered

3 active duty service pursuant to a determination of

4 the Secretary of Defense under section 401 of Public

5 Law 95–202 (38 U.S.C. 106 note).

6 ‘‘(3) The term ‘Superintendent’ means the Su7 perintendent of Arlington National Cemetery.’’.

8 (b) PUBLICATION OF UPDATED PAMPHLET.—Not

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

10 this Act, the Secretary of the Army shall publish an up11 dated pamphlet describing eligibility for burial in Arling12 ton National Cemetery. The pamphlet shall reflect the pro13 visions of section 2412 of title 38, United States Code,

14 as added by subsection (a).

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

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

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

18 item:

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

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

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

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

22 for purposes of this chapter’’.

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

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

25 been entitled)’’ after ‘‘was entitled’’;
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1 (B) by striking out ‘‘chapter 67’’ and inserting

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

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

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

5 a period.

6 (e) EFFECTIVE DATE.—(1) Except as provided in

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

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

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

10 of this Act.

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

12 National Cemetery before the date of the enactment of

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

14 to be eligible for burial in Arlington National Cemetery

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

16 gravesite as such individual.

17 SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COL18 UMBARIUM IN ARLINGTON NATIONAL CEME19 TERY.

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

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

22 added by section 2(a) of this Act, the following new sec23 tion:
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1 ‘‘§ 2413. Arlington National Cemetery: persons eligi2 ble for placement in columbarium

3 ‘‘The cremated remains of the following individuals

4 may be placed in the columbarium in Arlington National

5 Cemetery:

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

7 National Cemetery under section 2412 of this title.

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

9 duty service (other than active duty for training)

10 ended honorably.

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

12 and, at the discretion of the Superintendent of Ar13 lington National Cemetery, unmarried adult child of

14 such a veteran.

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

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

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

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

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

19 (c) CONFORMING AMENDMENT.—Section

20 11201(a)(1) of title 46, United States Code, is amended

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

22 subparagraph:
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1 ‘‘(C) Section 2413 (relating to placement

2 in the columbarium in Arlington National Cem3 etery).’’.

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

5 United States Code, as added by subsection (a), and sec6 tion 11201(a)(1)(C), as added by subsection (c), shall

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

8 of the enactment of this Act.

9 SEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY.

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

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

12 added by section 3(a) of this Act, the following new sec13 tion:

14 ‘‘§ 2414. Arlington National Cemetery: authorized

15 headstones, markers, and monuments

16 ‘‘(a) GRAVESITE MARKERS PROVIDED BY THE SEC17 RETARY.—A gravesite in Arlington National Cemetery

18 shall be appropriately marked in accordance with section

19 2404 of this title.

20 ‘‘(b) GRAVESITE MARKERS PROVIDED AT PRIVATE

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

22 regulations for the provision of headstones or markers to

23 mark a gravesite at private expense in lieu of headstones

24 and markers provided by the Secretary of Veterans Affairs

25 in Arlington National Cemetery.
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1 ‘‘(2) Such regulations shall ensure that—

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

3 design, dignified, and appropriate to a military cem4 etery;

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

6 marker provides for the future maintenance of the

7 headstone or marker in the event repairs are nec8 essary;

9 ‘‘(C) the Secretary of the Army shall not be lia10 ble for maintenance of or damage to the headstone

11 or marker;

12 ‘‘(D) such headstones or markers are aestheti13 cally compatible with Arlington National Cemetery;

14 and

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

16 only in sections of Arlington National Cemetery au17 thorized for such headstones or markers as of Janu18 ary 1, 1947.

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

20 structure as determined by the Secretary of the Army in

21 regulations) may be placed in Arlington National Ceme22 tery except pursuant to the provisions of this subsection.

23 ‘‘(2) A monument may be placed in Arlington Na24 tional Cemetery if the monument commemorates—
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1 ‘‘(A) the service in the Armed Forces of the in2 dividual, or group of individuals, whose memory is to

3 be honored by the monument; or

4 ‘‘(B) a particular military event.

5 ‘‘(3) No monument may be placed in Arlington Na6 tional Cemetery until the end of the 25-year period

7 beginning—

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

9 under paragraph (1)(A), on the last day of the pe10 riod of service so commemorated; and

11 ‘‘(B) in the case of commemoration of a par12 ticular military event under paragraph (1)(B), on

13 the last day of the period of the event.

14 ‘‘(4) A monument may be placed only in those sec15 tions of Arlington National Cemetery designated by the

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

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

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

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

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

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

monuments.’’.

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

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

23 markers, or monuments placed in Arlington National
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1 Cemetery on or after the date of the enactment of this

2 Act.

3 SEC. 5. PUBLICATION OF REGULATIONS.

4 Not later than one year after the date of the enact5 ment of this Act, the Secretary of the Army shall publish

6 in the Federal Register any regulation proposed by the

7 Secretary under this Act.

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