IIB
107TH CONGRESS
2D SESSION
H. R. 4940
IN THE SENATE OF THE UNITED STATES
JULY 23, 2002
Received; read twice and referred to the Committee on Veterans’ Affais
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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‘‘(iv) who, but for age, would have been eli-
gible at the time of death for retired pay under
chapter 1223 of title 10.
‘‘(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
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.
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‘‘(6) Any member of a reserve component of the
Armed Forces who dies in the performance of duty
while on active duty for training or inactive duty
training.
‘‘(7) 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 (which for
purposes of this paragraph includes any remarried
surviving spouse, section 2402(5) of this title not-
withstanding), minor child, and, at the discretion of
the Superintendent, unmarried adult child of a per-
son listed in subsection (a), but only if buried in the
same gravesite as that person.
‘‘(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.
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‘‘(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
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) DISABLED ADULT UNMARRIED CHILDREN.—In
the case of an unmarried adult child who is incapable of
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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.
‘‘(d) 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-
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.
‘‘(e) EXCLUSIVE AUTHORITY FOR BURIAL IN AR-
LINGTON NATIONAL CEMETERY.—(1) Eligibility for bur-
ial of remains in Arlington National Cemetery prescribed
under this section is the exclusive eligibility for such bur-
ial.
‘‘(2)(A) In the case of an individual not otherwise eli-
gible for burial under subsection (a) whose acts, service,
or contributions to the Armed Forces are so extraordinary
as to justify burial in Arlington National Cemetery, the
President may deem such individual eligible for burial
under subsection (a).
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‘‘(B) If the President deems an individual eligible for
burial in Arlington National Cemetery under subpara-
graph (A), the Secretary of the Army shall immediately
notify the chairmen and the ranking members of the Com-
mittee on Veterans’ Affairs of the Senate and House of
Representatives.
‘‘(C)(i) Except as provided in clause (ii), the author-
ity under subparagraph (A) may not be delegated.
‘‘(ii) The President may only delegate the authority
under subparagraph (A) to the Secretary of the Army.
‘‘(f) APPLICATION FOR BURIAL.—(1) A request for
burial of remains of an individual in Arlington National
Cemetery shall be made to the Secretary of the Army or
to any other Federal official that the Secretary of the
Army may specify.
‘‘(2) The Secretary, or other Federal official, may not
consider a request referred to in paragraph (1) that is
made before the death of the individual for whom burial
in Arlington National Cemetery is requested.
‘‘(3) The President, or the Secretary, as the case may
be, may not consider a request to deem an individual eligi-
ble for burial in Arlington National Cemetery under sub-
section (e)(2) that is made before the death of the indi-
vidual for whom burial in Arlington National Cemetery is
requested.
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‘‘(g) 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, 2002, the register shall include a brief
description of the basis of eligibility of the individual for
burial in Arlington National Cemetery.
‘‘(h) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘retired member of the Armed
Forces’ means—
‘‘(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.
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‘‘(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-
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 AMENDMENT.—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’’.
(e) CONFORMING REPEAL.—Section 1176 of the Na-
tional Defense Authorization Act for Fiscal Year 1994
(Public Law 103–160; 38 U.S.C. 2402 note) is repealed.
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(f) 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.
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‘‘(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.
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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;
‘‘(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;
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‘‘(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—
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‘‘(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 to carry out sections 2 through 4.
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SEC. 6. APPLICATION OF DEPARTMENT OF VETERANS AF-
FAIRS BENEFIT FOR GOVERNMENT MARKERS
FOR MARKED GRAVES OF VETERANS AT PRI-
VATE CEMETERIES TO VETERANS DYING ON
OR AFTER SEPTEMBER 11, 2001.
(a) IN GENERAL.—Subsection (d) of section 502 of
the Veterans Education and Benefits Expansion Act of
2001 (Public Law 107–103; 115 Stat. 994; 38 U.S.C.
2306 note) is amended by striking ‘‘the date of the enact-
ment of this Act’’ and inserting ‘‘September 11, 2001’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect as if included in the enact-
ment of such section 502.
Passed the House of Representatives July 22, 2002.
Attest:
JEFF TRANDAHL,
Clerk.