[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3145 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3145

 To amend title 38, United States Code, to enact into law eligibility 
       requirements for interment in Arlington National Cemetery.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 1998

 Mr. Kleczka 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 interment in Arlington National Cemetery.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arlington National Cemetery 
Integrity Act of 1998''.

SEC. 2. PERSONS ELIGIBLE FOR INTERMENT IN ARLINGTON NATIONAL CEMETERY.

    (a) In General.--Chapter 24 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2412. Arlington National Cemetery: person eligible for 
              interment; authorized headstones and markers
    ``(a) Eligibility.--The remains of the following individuals may be 
interred 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 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.
            ``(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 retirement 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) Any former member of the Armed Forces whose last 
        active duty military service (other than for training) 
        terminated honorably and who has held any of the following 
        positions:
                    ``(A) An elective office of the United States 
                Government.
                    ``(B) The office of the Chief Justice of the United 
                States or of an Associate Justice of the Supreme Court 
                of the United States.
                    ``(C) An office listed in section 5312 or 5313 of 
                title 5 (relating to Executive Schedule I and Executive 
                Schedule II).
                    ``(D) A qualifying chief of mission position in the 
                Department of State.
            ``(7) The President or any former President.
            ``(8) Subject to subsection (b) and (c), the spouse, 
        surviving spouse, minor child and, at the discretion of the 
        Superintendent of Arlington National Cemetery, unmarried adult 
        child of a person listed in paragraphs (1) through (6).
            ``(9) Subject to subsection (b), the spouse, surviving 
        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 Cemetery as part of a group burial, but the 
        spouse, surviving spouse, minor child, or unmarried adult child 
        may not be buried in the group gravesite.
            ``(10) Subject to subsection (b), the spouse, surviving 
        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.
            ``(11) 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.
    ``(b) Spouses.--(1) For purposes of paragraph (9) of subsection 
(a), the term `spouse' includes 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 absent in a status of missing or missing 
in action.
    ``(2) For purposes of paragraph (8), (9), and (10) of subsection 
(a), a surviving spouse who has remarried and whose remarriage is void, 
terminated by death, or dissolved by annulment or divorce by a court 
with basic authority to render such decrees regains eligibility 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 collusion.
    ``(c) Same Gravesite Limitation Inapplicable in Certain Cases.--
(1)(A) In the case of a gravesite of a spouse (whose remains have been 
buried in Arlington National Cemetery under paragraph (8) of subsection 
(a)) that cannot accommodate the subsequent burial of remains of a 
person listed in paragraphs (1) through (6) of subsection (a) due to 
encroachment of roots of trees, shrubs, plants, or to a similar event, 
the Superintendent of Arlington National Cemetery may provide for the 
burial of remains of the person in another gravesite in Arlington 
National Cemetery.
    ``(B) The burial of remains of the person in another gravesite in 
Arlington National Cemetery by reason of subparagraph (A) shall not 
give rise to eligibility for burial of remains of any other individual 
in that gravesite.
    ``(2) In the case of a gravesite of a person listed in paragraphs 
(1) through (6) of subsection (a) (whose remains have been buried in 
Arlington National Cemetery) that cannot accommodate the subsequent 
burial of remains of an otherwise eligible person described in 
paragraph (8) of subsection (a) due to such encroachment or similar 
event, the Superintendent of Arlington National Cemetery may not 
provide for the burial of remains of that otherwise eligible person in 
another gravesite in Arlington National Cemetery.
    ``(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 paragraph (7) of subsection (a) without requirement for 
approval by the Superintendent of Arlington National Cemetery under 
that paragraph if the burial is in the same gravesite as the gravesite 
in which the parent has been or will be buried.
    ``(e) Definition.--For purposes of this section:
            ``(1) The term `qualifying chief of mission position' 
        means--
                    ``(A) with respect to service before January 5, 
                1986, a chief of mission position in the Department of 
                State that was classified by the Secretary of State as 
                a Class I Chief of Mission position under the laws and 
                regulations in effect before January 5, 1986; and
                    ``(B) with respect to service on or after January 
                5, 1986, a chief of mission position in the Department 
                of State specified in the enclosure entitled `List of 
                Chief of Mission Positions' in a letter dated March 21, 
                1988, from the Deputy Assistant Secretary of State for 
                Personnel to the Superintendent of the Arlington 
                National Cemetery (or the corresponding successor chief 
                of mission position, in the case of Bonn and 
                Moscow).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2412. Persons eligible for interment in Arlington National 
                            Cemetery.''.

SEC. 3. PERSONS ELIGIBLE FOR INTERMENT IN THE COLUMBARIUM IN ARLINGTON 
              NATIONAL CEMETERY.

    (a) In General.--Chapter 24 of title 38, United States Code, as 
amended by section 2 of this Act, is further amended by adding at the 
end the following new section:
``Sec. 2413. Persons eligible for interment in the columbarium in 
              Arlington National Cemetery
    ``The cremated remains of the following individuals may be placed 
in the columbarium in Arlington National Cemetery:
            ``(1) A veteran whose last period of active duty service 
        (other than for training) ended honorably
            ``(2) The spouse, surviving spouse, minor child, and, at 
        the discretion of the Superintendent of Arlington National 
        Cemetery, unmarried adult child of a veteran described in 
        paragraph (1).''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 24 of title 38, United States Code, as amended by section 2 
of this Act, is further amended by adding at the end the following new 
item:

``2413. Persons eligible for interment in the columbarium in Arlington 
                            National Cemetery.''.
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