I
105TH CONGRESS
2D SESSION
H. R. 3252
To amend title 38, United States Code, to establish an advisory board to
review requests for waivers of eligibility requirements for burial in Arling-
ton National Cemetery submitted to the Secretary of the Army.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1998
Mrs. JOHNSON of Connecticut introduced the following bill; which was referred
to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to establish an
advisory board to review requests for waivers of eligibility
requirements for burial in Arlington National Cemetery
submitted to the Secretary of the Army.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF ARLINGTON NATIONAL
CEMETERY ADVISORY BOARD.
(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 Burial Advisory
Board
‘‘(a) ESTABLISHMENT.—There is established the Ar-
lington National Cemetery Burial Advisory Board (herein-
after in this section referred to as the ‘Advisory Board’).
‘‘(b) DUTIES.—The Advisory Board shall—
‘‘(1) review and evaluate an application for bur-
ial in Arlington National Cemetery of an individual
who, in the opinion of the Superintendent of Arling-
ton National Cemetery, does not meet eligibility re-
quirements for such burial; and
‘‘(2) recommend to the Secretary of the Army
that such application be granted or denied.
‘‘(c) MEMBERSHIP.—The Advisory Board shall be
composed of seven members appointed by the Secretary
of the Army, in consultation with veterans service organi-
zations, as follows:
‘‘(1) Four members shall be appointed from
among individuals—
‘‘(A) who are veterans, and
‘‘(B) who are members of a veterans serv-
ice organization the entire membership of which
is eligible for burial in Arlington National Cem-
etery by reason of the requirements for mem-
bership in the organization.
‘‘(2) Three members shall be appointed from
among individuals—
‘‘(A) who are veterans, and
‘‘(B) who are members of a veterans serv-
ice organization a significant portion of the
membership of which is eligible for burial in Ar-
lington National Cemetery.
‘‘(3) Not more than four members of the Advi-
sory Board may be members of the same political
party.
‘‘(d) COMPENSATION.—Members shall serve without
pay, but may receive travel expenses, including per diem
in lieu of subsistence, in accordance with sections 5702
and 5703 of title 5.
‘‘(e) TERM; VACANCY.—(1) The term of a member
of the Advisory Board is three years.
‘‘(2) Any member appointed to fill a vacancy for an
unexpired term shall be appointed for the remainder of
such term. A member may serve after the expiration of
that member’s term until a successor has been appointed.
A vacancy in the Advisory Board shall be filled not later
than 90 days after the date the vacancy occurred.
‘‘(f) CHAIRPERSON.—The members of the Advisory
Board shall select a chairperson from among their mem-
bers.
‘‘(g) DIRECTOR AND STAFF.—The Secretary of the
Army, after consultation with the Advisory Board, shall
provide the Advisory Board with an executive director and
such additional personnel as the Secretary determines nec-
essary for the Advisory Board to carry out its functions.
The Secretary of the Army, after consultation with the
National Purple Heart Museum, shall provide for a profes-
sional staff member to coordinate research for the Advi-
sory Board.
‘‘(h) MEETINGS.—The Advisory Board shall meet at
the call of the chairperson or a majority of its members.
‘‘(i) 
PUBLICATION
OF
RECOMMENDATION.—(1)
Whenever the Advisory Board submits a recommendation
to the Secretary of the Army with respect to an application
for interment of remains of an individual in Arlington Na-
tional Cemetery under subsection (b)(2), the Advisory
Board shall make public its recommendation to grant or
deny such application on the first day that follows the day
on which the Advisory Board submitted such recommenda-
tion.
‘‘(2) Not later than 30 days after submitting the rec-
ommendation to the Secretary of the Army under para-
graph (1), the Advisory Board shall submit to Congress
a report that explains the reasons for the recommenda-
tion.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 24 of title 38, United
States Code, is amended by adding at the end the follow-
ing new item:
‘‘2412. Arlington National Cemetery Burial Advisory Board.’’.
(c) EFFECTIVE DATE.—Section 2412 of title 38,
United States Code, as added by subsection (a), shall
apply with respect to applications for interment in Arling-
ton National Cemetery submitted on or after the date that
is 60 days after the date of the enactment of this Act.
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