[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 70 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                 H. R. 70

 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

                            January 6, 1999

 Mr. Stump (for himself, Mr. Evans, and Mr. Bilirakis) 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. SHORT TITLE.

    This Act may be cited as the ``Arlington National Cemetery Burial 
Eligibility Act''.

SEC. 2. 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: persons eligible for burial
    ``(a) Primary 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.
            ``(2) Any retired member of the Armed Forces and any person 
        who served on active duty and at the time of death was entitled 
        (or but for age would have been entitled) to retired pay under 
        chapter 1223 of title 10, United States Code.
            ``(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 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 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 who dies on or after 
        November 30, 1993.
            ``(6) The President or any former President.
    ``(b) Eligibility of Family Members.--The remains of the following 
individuals may be buried in Arlington National Cemetery:
            ``(1) The spouse, surviving spouse (which for purposes of 
        this paragraph includes any remarried surviving spouse, section 
        2402(5) of this title notwithstanding), minor child, and, at 
        the discretion of the Superintendent, unmarried adult child of 
        a person 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 subparagraph (A), but 
        only if buried in the same gravesite as the spouse, minor 
        child, or unmarried adult child.
            ``(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 surviving 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 
        absent in a status of missing or missing in action.
            ``(B) A person is not eligible under subparagraph (A) if a 
        memorial to honor the memory of the member is placed in a 
        cemetery in the national cemetery system, unless the memorial 
        is removed. A memorial 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 self-support up to the time 
of death because of a physical or mental condition, the child may be 
buried under subsection (b) without requirement for approval by the 
Superintendent under that subsection if the burial is in the same 
gravesite as the gravesite in which the parent, who is eligible 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 National Cemetery as part of a group burial, the 
surviving spouse, minor child, or unmarried adult child of the member 
may not be buried in the group gravesite.
    ``(e) 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.
    ``(f) Application for Burial.--A request for burial of remains of 
an individual in Arlington National Cemetery made before the death of 
the individual may not be considered by the Secretary of the Army or 
any other responsible official.
    ``(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, 1998, 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 active 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 Secretary concerned under 
                section 12731(d) of title 10, of eligibility for 
                retired pay under chapter 1223 of title 10, United 
                States Code.
            ``(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 Superintendent 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 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) 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 Amendments.--(1) 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''.
    (2) Section 2402(7) of such title is amended--
            (A) by inserting ``(or but for age would have been 
        entitled)'' after ``was entitled'';
            (B) by striking out ``chapter 67'' and inserting in lieu 
        thereof ``chapter 1223''; and
            (C) by striking out ``or would have been entitled to'' and 
        all that follows and inserting in lieu thereof a period.
    (e) 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 COLUMBARIUM IN ARLINGTON 
              NATIONAL CEMETERY.

    (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 section:
``Sec. 2413. Arlington National Cemetery: persons eligible 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.
            ``(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 Arlington 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 
                            columbarium.''.
    (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 Cemetery).''.
    (d) Effective Date.--Section 2413 of title 38, United States Code, 
as added by subsection (a), and section 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.

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 section:
``Sec. 2414. Arlington National Cemetery: authorized headstones, 
              markers, and monuments
    ``(a) Gravesite Markers Provided by the Secretary.--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 cemetery;
            ``(B) the person providing such headstone or marker 
        provides for the future maintenance of the headstone or marker 
        in the event repairs are necessary;
            ``(C) the Secretary of the Army shall not be liable for 
        maintenance of or damage to the headstone or marker;
            ``(D) such headstones or markers are aesthetically 
        compatible with Arlington National Cemetery; and
            ``(E) such headstones or markers are permitted only in 
        sections of Arlington National Cemetery authorized for such 
        headstones or markers as of January 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 Cemetery except pursuant to the provisions of 
this subsection.
    ``(2) A monument may be placed in Arlington National Cemetery if 
the monument commemorates--
            ``(A) the service in the Armed Forces of the individual, 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 National Cemetery 
until the end of the 25-year period beginning--
            ``(A) in the case of commemoration of service under 
        paragraph (1)(A), on the last day of the period of service so 
        commemorated; and
            ``(B) in the case of commemoration of a particular 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 sections 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 enactment of this 
Act, the Secretary of the Army shall publish in the Federal Register 
any regulation proposed by the Secretary under this Act.
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