IIB

106TH CONGRESS

1ST SESSION H. R. 70

IN THE SENATE OF THE UNITED STATES

MARCH 24, 1999

Received; read twice and referred to the Committee on Veterans’ Affairs

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

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

3 Cemetery Burial Eligibility Act’’.

4 SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NA5 TIONAL CEMETERY.

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

7 States Code, is amended by adding at the end the fol8 lowing new section:

9 ‘‘§ 2412. Arlington National Cemetery: persons eligi10 ble for burial

11 ‘‘(a) PRIMARY ELIGIBILITY.—The remains of the fol12 lowing individuals may be buried in Arlington National

13 Cemetery:

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

15 dies while on active duty.

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

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

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

19 have been entitled) to retired pay under chapter

20 1223 of title 10, United States Code.

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

22 separated for physical disability before October 1,

23 1949, who—

24 ‘‘(A) served on active duty; and

25 ‘‘(B) would have been eligible for retire26 ment under the provisions of section 1201 of
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1 title 10 (relating to retirement for disability)

2 had that section been in effect on the date of

3 separation of the member.

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

5 whose last active duty military service terminated

6 honorably and who has been awarded one of the fol7 lowing decorations:

8 ‘‘(A) Medal of Honor.

9 ‘‘(B) Distinguished Service Cross, Air

10 Force Cross, or Navy Cross.

11 ‘‘(C) Distinguished Service Medal.

12 ‘‘(D) Silver Star.

13 ‘‘(E) Purple Heart.

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

15 after November 30, 1993.

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

17 ‘‘(b) ELIGIBILITY OF FAMILY MEMBERS.—The re18 mains of the following individuals may be buried in Arling19 ton National Cemetery:

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

21 purposes of this paragraph includes any remarried

22 surviving spouse, section 2402(5) of this title not23 withstanding), minor child, and, at the discretion of

24 the Superintendent, unmarried adult child of a per-
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1 son listed in subsection (a), but only if buried in the

2 same gravesite as that person.

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

4 discretion of the Superintendent, unmarried adult

5 child of a member of the Armed Forces on active

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

7 child dies while such member is on active duty.

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

9 and unmarried adult child is eligible under subpara10 graph (A), but only if buried in the same gravesite

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

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

13 adult child whose remains, based on the eligibility of

14 a parent, are already buried in Arlington National

15 Cemetery, but only if buried in the same gravesite

16 as that minor child or unmarried adult child.

17 ‘‘(4)(A) Subject to subparagraph (B), the sur18 viving spouse, minor child, and, at the discretion of

19 the Superintendent, unmarried adult child of a

20 member of the Armed Forces who was lost, buried

21 at sea, or officially determined to be permanently ab22 sent in a status of missing or missing in action.

23 ‘‘(B) A person is not eligible under subpara24 graph (A) if a memorial to honor the memory of the

25 member is placed in a cemetery in the national cem-
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1 etery system, unless the memorial is removed. A me2 morial removed under this subparagraph may be

3 placed, at the discretion of the Superintendent, in

4 Arlington National Cemetery.

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

6 the discretion of the Superintendent, unmarried

7 adult child of a member of the Armed Forces buried

8 in a cemetery under the jurisdiction of the American

9 Battle Monuments Commission.

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

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

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

13 or mental condition, the child may be buried under sub14 section (b) without requirement for approval by the Super15 intendent under that subsection if the burial is in the same

16 gravesite as the gravesite in which the parent, who is eligi17 ble for burial under subsection (a), has been or will be

18 buried.

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

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

21 burial under subsection (a) who is buried in Arlington Na22 tional Cemetery as part of a group burial, the surviving

23 spouse, minor child, or unmarried adult child of the mem24 ber may not be buried in the group gravesite.
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1 ‘‘(e) EXCLUSIVE AUTHORITY FOR BURIAL IN AR2 LINGTON NATIONAL CEMETERY.—Eligibility for burial of

3 remains in Arlington National Cemetery prescribed under

4 this section is the exclusive eligibility for such burial.

5 ‘‘(f) APPLICATION FOR BURIAL.—A request for bur6 ial of remains of an individual in Arlington National Cem7 etery made before the death of the individual may not be

8 considered by the Secretary of the Army or any other re9 sponsible official.

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

11 Secretary of the Army shall maintain a register of each

12 individual buried in Arlington National Cemetery and

13 shall make such register available to the public.

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

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

16 description of the basis of eligibility of the individual for

17 burial in Arlington National Cemetery.

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

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

20 Forces’ means—

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

22 a retired list who served on active duty and who

23 is entitled to retired pay;

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

25 Fleet Marine Corps Reserve who served on ac-
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1 tive duty and who is entitled to retainer pay;

2 and

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

4 of the Armed Forces who has served on active

5 duty and who has received notice from the Sec6 retary concerned under section 12731(d) of title

7 10, of eligibility for retired pay under chapter

8 1223 of title 10, United States Code.

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

10 Forces’ includes a person whose service is considered

11 active duty service pursuant to a determination of

12 the Secretary of Defense under section 401 of Public

13 Law 95–202 (38 U.S.C. 106 note).

14 ‘‘(3) The term ‘Superintendent’ means the Su15 perintendent of Arlington National Cemetery.’’.

16 (b) PUBLICATION OF UPDATED PAMPHLET.—Not

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

18 this Act, the Secretary of the Army shall publish an up19 dated pamphlet describing eligibility for burial in Arling20 ton National Cemetery. The pamphlet shall reflect the pro21 visions of section 2412 of title 38, United States Code,

22 as added by subsection (a).

23 (c) 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 at the end the following new

2 item:

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

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

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

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

6 for purposes of this chapter’’.

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

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

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

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

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

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

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

14 a period.

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

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

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

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

19 of this Act.

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

21 National Cemetery before the date of the enactment of

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

23 to be eligible for burial in Arlington National Cemetery

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

25 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

17 section:

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

13 beginning—

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 under this Act.

Passed the House of Representatives March 23,

1999.

Attest: JEFF TRANDAHL,

Clerk.