I
105TH CONGRESS
2D SESSION
H. R. 3211
To amend title 38, United States Code, to enact into law eligibility require-
ments for burial in Arlington National Cemetery, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 12, 1998
Mr. STUMP (for himself, Mr. EVANS, Mr. EVERETT, Mr. CLYBURN, Mr.
QUINN, Mr. FILNER, Mr. BILIRAKIS, Mr. GUTIERREZ, Mr. COOKSEY, Ms.
BROWN of Florida, Mr. HUTCHINSON, Mr. DOYLE, Mr. HAYWORTH, Mr.
MASCARA, Mr. LAHOOD, Mr. PETERSON of Minnesota, Ms. CARSON, Mr.
REYES, Mr. RODRIGUEZ, Mr. SOLOMON, Mr. BAKER, and Mrs.
CHENOWETH) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PERSONS ELIGIBLE FOR BURIAL IN ARLING-
TON NATIONAL 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: person eligible
for burial; authorized headstones and
markers
‘‘(a) ELIGIBILITY.—The remains of the following in-
dividuals may be buried in Arlington National Cemetery:
‘‘(1) Any member of the Armed Forces who
dies while on active duty (other than active duty for
training).
‘‘(2) Any retired member of the Armed Forces.
‘‘(3) Any former member of the Armed Forces
separated for physical disability before October 1,
1949, who—
‘‘(A) served on active duty (other than for
training); and
‘‘(B) would have been eligible for retire-
ment under the provisions of section 1201 of
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 (other than
for training) terminated honorably and who has been
awarded one of the following 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—
‘‘(A) who, while a prisoner of war, served
honorably in the active military, naval, or air
service;
‘‘(B) whose last period of active military,
naval, or air service terminated honorably; and
‘‘(C) who died on or after November 30,
1993.
‘‘(6) The President or any former President.
‘‘(7) Subject to subsection (b), the spouse, sur-
viving spouse, minor child and, at the discretion of
the Superintendent of Arlington National Cemetery,
unmarried adult child of a person listed in para-
graphs (1) through (6), but only if buried in the
same gravesite as that person.
‘‘(8) Subject to subsection (b), the spouse, sur-
viving spouse, minor child, and, at the discretion of
the Superintendent of Arlington National Cemetery,
unmarried adult child of a member of the Armed
Forces who is buried in Arlington National Ceme-
tery as part of a group burial, but the spouse, sur-
viving spouse, minor child, or unmarried adult child
may not be buried in the group gravesite.
‘‘(9) Subject to subsection (b), the spouse, sur-
viving spouse, minor child, and, at the discretion of
the Superintendent of Arlington National Cemetery,
unmarried adult child of any person already buried
in Arlington National Cemetery.
‘‘(10) The widow or widower of a member of
the Armed Forces who was lost or buried at sea or
who was officially determined to be permanently ab-
sent in a status of missing or missing in action.
‘‘(11) The parents of a minor child or unmar-
ried adult child whose remains, based on the eligi-
bility of a parent, are already buried in Arlington
National Cemetery.
‘‘(b) SPOUSES.—For purposes of paragraph (7), (8),
and (9) of subsection (a), a surviving spouse who has re-
married and whose remarriage is void, terminated by
death, or dissolved by annulment or divorce regains eligi-
bility for burial in Arlington National Cemetery unless it
is determined by the Secretary of the Army that the decree
of annulment or divorce was secured through fraud or col-
lusion.
‘‘(c) 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 para-
graph (7) of subsection (a) without requirement for ap-
proval by the Superintendent of Arlington National Ceme-
tery under that paragraph if the burial is in the same
gravesite as the gravesite in which the parent has been
or will be buried.
‘‘(d) 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.
‘‘(e) APPLICATION FOR BURIAL.—The Secretary of
the Army, or any other responsible official, may not con-
sider a request for burial of remains of an individual in
Arlington National Cemetery made before the death of the
individual.
‘‘(f) 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.
‘‘(g) GRAVESITE MARKERS PROVIDED AT PRIVATE
EXPENSE.—(1) The Secretary of the Army shall prescribe
regulations for the provision of markers or monuments to
mark a gravesite at private expense in lieu of headstones
and markers provided by the Secretary of the Army in
Arlington National Cemetery.
‘‘(2) Such regulations shall ensure that—
‘‘(A) such markers or monuments are of simple
design, dignified, and appropriate to a military cem-
etery;
‘‘(B) the person providing such marker or
monument provides for the future maintenance of
the marker or monument in the event repairs are
necessary;
‘‘(C) the Secretary of the Army shall not be lia-
ble for maintenance of or damage to the marker or
monument;
‘‘(D) such markers and monuments are aesthet-
ically compatible with Arlington National Cemetery;
and
‘‘(E) such markers and monuments are per-
mitted only in sections of Arlington National Ceme-
tery authorized for such markers and monuments as
of January 1, 1947.
‘‘(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) REGULATIONS.—Any regulation prescribed by
the Secretary of the Army to carry out this section shall
be made on the record after opportunity for a hearing.
‘‘(j) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘retired member of the Armed
Forces’ means a retired member of the Armed
Forces who—
‘‘(A) served on active duty (other than for
training);
‘‘(B) is carried on a retired list; and
‘‘(C) is entitled to receive retired pay.
‘‘(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.’’.
(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) 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: person eligible for burial; authorized
headstones and markers.’’.
(d) 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. 2. PERSONS ELIGIBLE FOR PLACEMENT IN THE COL-
UMBARIUM IN ARLINGTON NATIONAL CEME-
TERY.
(a) IN GENERAL.—Chapter 24 of title 38, United
States Code, as amended by section 1 of this Act, is fur-
ther amended by adding at the end the following new sec-
tion:
‘‘§ 2413. Persons eligible for placement in the col-
umbarium in Arlington National Ceme-
tery
‘‘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 for training) ended honor-
ably.
‘‘(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) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 24 of title 38, United
States Code, as amended by section 1 of this Act, is fur-
ther amended by adding at the end the following new item:
‘‘2413. Persons eligible for placement in the columbarium in Arlington National
Cemetery.’’.
(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. 3. MEMORIAL AREAS IN ARLINGTON NATIONAL CEME-
TERY 
LIMITED 
TO 
HONORING 
MILITARY
SERVICE.
(a) IN GENERAL.—Section 2409(b) of title 38,
United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2)(A) A memorial or marker may not be placed in
Arlington National Cemetery unless the memorial or
marker commemorates the service in the Armed Forces
of the individual, or group of individuals, whose memory
is to be honored by the memorial or marker.
‘‘(B) Such a memorial or marker that makes ref-
erence to a particular military event may not be placed
in Arlington National Cemetery until the end of the 25-
year period beginning on the date of the event.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to memorials or
markers placed in Arlington National Cemetery on or
after the date of the enactment of this Act.
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