[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3211 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3211

 To amend title 38, United States Code, to enact into law eligibility 
 requirements 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. PERSONS ELIGIBLE FOR BURIAL 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 burial; 
              authorized headstones and markers
    ``(a) Eligibility.--The remains of the following individuals 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 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) The President or any former President.
            ``(7) 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 person listed in paragraphs (1) through (6), but 
        only if buried in the same gravesite as that person.
            ``(8) 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.
            ``(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 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 absent in a status of missing or missing in 
        action.
            ``(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.--For purposes of paragraph (7), (8), and (9) of 
subsection (a), a surviving spouse who has remarried and whose 
remarriage is void, terminated by death, or dissolved by annulment or 
divorce 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) 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.
    ``(d) Exclusive Authority for Burial in Arlington 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 consider 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 Secretary.--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 cemetery;
            ``(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 liable for 
        maintenance of or damage to the marker or monument;
            ``(D) such markers and monuments are aesthetically 
        compatible with Arlington National Cemetery; and
            ``(E) such markers and monuments are permitted only in 
        sections of Arlington National Cemetery 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 updated pamphlet describing eligibility for burial in 
Arlington National Cemetery. The pamphlet shall reflect the provisions 
of section 2412 of title 38, United States Code, as added by subsection 
(a).
    (c) Conforming 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: 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 COLUMBARIUM IN ARLINGTON 
              NATIONAL CEMETERY.

    (a) In General.--Chapter 24 of title 38, United States Code, as 
amended by section 1 of this Act, is further amended by adding at the 
end the following new section:
``Sec. 2413. Persons eligible for placement 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 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 honorably.
            ``(B) The spouse, surviving spouse, minor child, and, at 
        the discretion of the Superintendent of Arlington National 
        Cemetery, unmarried adult child of such a veteran.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 24 of title 38, United States Code, as amended by section 1 
of this Act, is further 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 CEMETERY 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 reference 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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