IIA
105TH CONGRESS
2D SESSION
H. R. 3211
IN THE SENATE OF THE UNITED STATES
MARCH 25, 1998
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Arlington National
Cemetery Burial Eligibility Act’’.
SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NA-
TIONAL CEMETERY.
(a) IN GENERAL.—Chapter 24 of title 38, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2412. Arlington National Cemetery: persons eligi-
ble for burial
‘‘(a) PRIMARY ELIGIBILITY.—The remains of the fol-
lowing individuals may be buried in Arlington National
Cemetery:
‘‘(1) Any member of the Armed Forces who
dies while on active duty.
‘‘(2) Any retired member of the Armed Forces
and any person who served on active duty and at the
time of death was entitled (or but for age would
have been entitled) to retired pay under chapter
1223 of title 10, United States Code.
‘‘(3) Any former member of the Armed Forces
separated for physical disability before October 1,
1949, who—
‘‘(A) served on active duty; and
‘‘(B) would have been eligible for retire-
ment under the provisions of section 1201 of
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title 10 (relating to retirement for disability)
had that section been in effect on the date of
separation of the member.
‘‘(4) Any former member of the Armed Forces
whose last active duty military service terminated
honorably and who has been awarded one of the fol-
lowing decorations:
‘‘(A) Medal of Honor.
‘‘(B) Distinguished Service Cross, Air
Force Cross, or Navy Cross.
‘‘(C) Distinguished Service Medal.
‘‘(D) Silver Star.
‘‘(E) Purple Heart.
‘‘(5) Any former prisoner of war who dies on or
after November 30, 1993.
‘‘(6) The President or any former President.
‘‘(b) ELIGIBILITY OF FAMILY MEMBERS.—The re-
mains of the following individuals may be buried in Arling-
ton National Cemetery:
‘‘(1) The spouse, surviving spouse, minor child,
and, at the discretion of the Superintendent, unmar-
ried adult child of a person listed in subsection (a),
but only if buried in the same gravesite as that per-
son.
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‘‘(2)(A) The spouse, minor child, and, at the
discretion of the Superintendent, unmarried adult
child of a member of the Armed Forces on active
duty if such spouse, minor child, or unmarried adult
child dies while such member is on active duty.
‘‘(B) The individual whose spouse, minor child,
and unmarried adult child is eligible under subpara-
graph (A), but only if buried in the same gravesite
as the spouse, minor child, or unmarried adult child.
‘‘(3) The parents of a minor child or unmarried
adult child whose remains, based on the eligibility of
a parent, are already buried in Arlington National
Cemetery, but only if buried in the same gravesite
as that minor child or unmarried adult child.
‘‘(4)(A) Subject to subparagraph (B), the sur-
viving spouse, minor child, and, at the discretion of
the Superintendent, unmarried adult child of a
member of the Armed Forces who was lost, buried
at sea, or officially determined to be permanently ab-
sent in a status of missing or missing in action.
‘‘(B) A person is not eligible under subpara-
graph (A) if a memorial to honor the memory of the
member is placed in a cemetery in the national cem-
etery system, unless the memorial is removed. A me-
morial removed under this subparagraph may be
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placed, at the discretion of the Superintendent, in
Arlington National Cemetery.
‘‘(5) The surviving spouse, minor child, and, at
the discretion of the Superintendent, unmarried
adult child of a member of the Armed Forces buried
in a cemetery under the jurisdiction of the American
Battle Monuments Commission.
‘‘(c) SPOUSES.—For purposes of subsection (b)(1), a
surviving spouse of a person whose remains are buried in
Arlington National Cemetery by reason of eligibility under
subsection (a), who has remarried is eligible for burial in
the same gravesite of that person. The spouse of the sur-
viving spouse is not eligible for burial in such gravesite.
‘‘(d) DISABLED ADULT UNMARRIED CHILDREN.—In
the case of an unmarried adult child who is incapable of
self-support up to the time of death because of a physical
or mental condition, the child may be buried under sub-
section (b) without requirement for approval by the Super-
intendent under that subsection if the burial is in the same
gravesite as the gravesite in which the parent, who is eligi-
ble for burial under subsection (a), has been or will be
buried.
‘‘(e) FAMILY MEMBERS OF PERSONS BURIED IN A
GROUP GRAVESITE.—In the case of a person eligible for
burial under subsection (a) who is buried in Arlington Na-
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tional Cemetery as part of a group burial, the surviving
spouse, minor child, or unmarried adult child of the mem-
ber may not be buried in the group gravesite.
‘‘(f) EXCLUSIVE AUTHORITY FOR BURIAL IN AR-
LINGTON NATIONAL CEMETERY.—Eligibility for burial of
remains in Arlington National Cemetery prescribed under
this section is the exclusive eligibility for such burial.
‘‘(g) APPLICATION FOR BURIAL.—A request for bur-
ial of remains of an individual in Arlington National Cem-
etery made before the death of the individual may not be
considered by the Secretary of the Army or any other re-
sponsible official.
‘‘(h) REGISTER OF BURIED INDIVIDUALS.—(1) The
Secretary of the Army shall maintain a register of each
individual buried in Arlington National Cemetery and
shall make such register available to the public.
‘‘(2) With respect to each such individual buried on
or after January 1, 1998, the register shall include a brief
description of the basis of eligibility of the individual for
burial in Arlington National Cemetery.
‘‘(i) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘retired member of the Armed
Forces’ means—
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‘‘(A) any member of the Armed Forces on
a retired list who served on active duty and who
is entitled to retired pay;
‘‘(B) any member of the Fleet Reserve or
Fleet Marine Corps Reserve who served on ac-
tive duty and who is entitled to retainer pay;
and
‘‘(C) any member of a reserve component
of the Armed Forces who has served on active
duty and who has received notice from the Sec-
retary concerned under section 12731(d) of title
10, of eligibility for retired pay under chapter
1223 of title 10, United States Code.
‘‘(2) The term ‘former member of the Armed
Forces’ includes a person whose service is considered
active duty service pursuant to a determination of
the Secretary of Defense under section 401 of Public
Law 95–202 (38 U.S.C. 106 note).
‘‘(3) The term ‘Superintendent’ means the Su-
perintendent of Arlington National Cemetery.’’.
(b) PUBLICATION
OF UPDATED PAMPHLET.—Not
later than 180 days after the date of the enactment of
this Act, the Secretary of the Army shall publish an up-
dated pamphlet describing eligibility for burial in Arling-
ton National Cemetery. The pamphlet shall reflect the pro-
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visions of section 2412 of title 38, United States Code,
as added by subsection (a).
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 24 of title 38, United States
Code, is amended by adding at the end the following new
item:
‘‘2412. Arlington National Cemetery: persons eligible for burial.’’.
(d) TECHNICAL AMENDMENTS.—Section 2402(7) of
title 38, United States Code, is amended—
(1) by inserting ‘‘(or but for age would have
been entitled)’’ after ‘‘was entitled’’;
(2) by striking out ‘‘chapter 67’’ and inserting
in lieu thereof ‘‘chapter 1223’’; and
(3) by striking out ‘‘or would have been entitled
to’’ and all that follows and inserting in lieu thereof
a period.
(e) EFFECTIVE DATE.—Section 2412 of title 38,
United States Code, as added by subsection (a), shall
apply with respect to individuals dying on or after the date
of the enactment of this Act.
SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COL-
UMBARIUM IN ARLINGTON NATIONAL CEME-
TERY.
(a) IN GENERAL.—Chapter 24 of title 38, United
States Code, is amended by adding after section 2412, as
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added by section 2(a) of this Act, the following new sec-
tion:
‘‘§ 2413. Arlington National Cemetery: persons eligi-
ble for placement in columbarium
‘‘(a) ELIGIBILITY.—The cremated remains of the fol-
lowing individuals may be placed in the columbarium in
Arlington National Cemetery:
‘‘(1) A person eligible for burial in Arlington
National Cemetery under section 2412 of this title.
‘‘(2)(A) A veteran whose last period of active
duty service (other than active duty for training)
ended honorably.
‘‘(B) The spouse, surviving spouse, minor child,
and, at the discretion of the Superintendent of Ar-
lington National Cemetery, unmarried adult child of
such a veteran.
‘‘(b) SPOUSE.—Section 2412(c) of this title shall
apply to a spouse under this section in the same manner
as it applies to a spouse under section 2412.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 24 of title 38, United States
Code, is amended by adding after section 2412, as added
by section 2(c) of this Act, the following new item:
‘‘2413. Arlington National Cemetery: persons eligible for placement in columba-
rium.’’.
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(c) EFFECTIVE DATE.—Section 2413 of title 38,
United States Code, as added by subsection (a), shall
apply with respect to individuals dying on or after the date
of the enactment of this Act.
SEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY.
(a) IN GENERAL.—Chapter 24 of title 38, United
States Code, is amended by adding after section 2413, as
added by section 3(a) of this Act, the following new sec-
tion:
‘‘§ 2414. Arlington National Cemetery: authorized
headstones, markers, and monuments
‘‘(a) GRAVESITE MARKERS PROVIDED BY THE SEC-
RETARY.—A gravesite in Arlington National Cemetery
shall be appropriately marked in accordance with section
2404 of this title.
‘‘(b) GRAVESITE MARKERS PROVIDED AT PRIVATE
EXPENSE.—(1) The Secretary of the Army shall prescribe
regulations for the provision of headstones or markers to
mark a gravesite at private expense in lieu of headstones
and markers provided by the Secretary of Veterans Affairs
in Arlington National Cemetery.
‘‘(2) Such regulations shall ensure that—
‘‘(A) such headstones or markers are of simple
design, dignified, and appropriate to a military cem-
etery;
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‘‘(B) the person providing such headstone or
marker provides for the future maintenance of the
headstone or marker in the event repairs are nec-
essary;
‘‘(C) the Secretary of the Army shall not be lia-
ble for maintenance of or damage to the headstone
or marker;
‘‘(D) such headstones or markers are aestheti-
cally compatible with Arlington National Cemetery;
and
‘‘(E) such headstones or markers are permitted
only in sections of Arlington National Cemetery au-
thorized for such headstones or markers as of Janu-
ary 1, 1947.
‘‘(c) MONUMENTS.—(1) No monument (or similar
structure as determined by the Secretary of the Army in
regulations) may be placed in Arlington National Ceme-
tery except pursuant to the provisions of this subsection.
‘‘(2) A monument may be placed in Arlington Na-
tional Cemetery if the monument commemorates—
‘‘(A) the service in the Armed Forces of the in-
dividual, or group of individuals, whose memory is to
be honored by the monument; or
‘‘(B) a particular military event.