‘‘(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-
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.—(1) Section 2402(5)
of title 38, United States Code, is amended by inserting
‘‘, except section 2412(b)(1) of this title,’’ after ‘‘which
for purposes of this chapter’’.
(2) Section 2402(7) of such title is amended—
(A) by inserting ‘‘(or but for age would have
been entitled)’’ after ‘‘was entitled’’;
(B) by striking out ‘‘chapter 67’’ and inserting
in lieu thereof ‘‘chapter 1223’’; and
(C) by striking out ‘‘or would have been entitled
to’’ and all that follows and inserting in lieu thereof
a period.
(e) EFFECTIVE DATE.—(1) Except as provided in
paragraph (2), 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.
(2) In the case of an individual buried in Arlington
National Cemetery before the date of the enactment of
this Act, the surviving spouse of such individual is deemed
to be eligible for burial in Arlington National Cemetery
under subsection (b) of such section, but only in the same
gravesite as such individual.
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
added by section 2(a) of this Act, the following new sec-
tion:
‘‘§ 2413. Arlington National Cemetery: persons eligi-
ble for placement in columbarium
‘‘The cremated remains of the following 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) 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.’’.
(c) 
CONFORMING
AMENDMENT.—Section
11201(a)(1) of title 46, United States Code, is amended
by inserting after subparagraph (B), the following new
subparagraph:
‘‘(C) Section 2413 (relating to placement
in the columbarium in Arlington National Cem-
etery).’’.
(d) EFFECTIVE DATE.—Section 2413 of title 38,
United States Code, as added by subsection (a), and sec-
tion 11201(a)(1)(C), as added by subsection (c), 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
section:
‘‘§ 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;
‘‘(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.
‘‘(3) No monument may be placed in Arlington Na-
tional Cemetery until the end of the 25-year period
beginning—
‘‘(A) in the case of commemoration of service
under paragraph (1)(A), on the last day of the pe-
riod of service so commemorated; and
‘‘(B) in the case of commemoration of a par-
ticular military event under paragraph (1)(B), on
the last day of the period of the event.
‘‘(4) A monument may be placed only in those sec-
tions of Arlington National Cemetery designated by the
Secretary of the Army for such placement.’’.
(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 2413, as added
by section 3(b) of this Act, the following new item:
‘‘2414. Arlington National Cemetery: authorized headstones, markers, and
monuments.’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to headstones,
markers, or monuments placed in Arlington National
Cemetery on or after the date of the enactment of this
Act.
SEC. 5. PUBLICATION OF REGULATIONS.
Not later than one year after the date of the enact-
ment of this Act, the Secretary of the Army shall publish
in the Federal Register any regulation proposed by the
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
into law eligibility requirements for burial in Ar-
lington National Cemetery, and for other pur-
poses.
MARCH 18, 1999
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed