[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4940 Engrossed in House (EH)]


  2d Session

                               H. R. 4940

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 4940

_______________________________________________________________________

                                 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 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)(A) Any retired member of the Armed Forces.
            ``(B) Any member or former member of a reserve component of 
        the Armed Forces--
                    ``(i) who served on active duty;
                    ``(ii) who was honorably discharged from such 
                active duty service;
                    ``(iii) who, at the time of death, was under 60 
                years of age; and
                    ``(iv) who, but for age, would have been eligible 
                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 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) 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 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.--(1) Eligibility for burial of remains in Arlington National 
Cemetery prescribed under this section is the exclusive eligibility for 
such burial.
    ``(2)(A) In the case of an individual not otherwise eligible 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).
    ``(B) If the President deems an individual eligible for burial in 
Arlington National Cemetery under subparagraph (A), the Secretary of 
the Army shall immediately notify the chairmen and the ranking members 
of the Committee on Veterans' Affairs of the Senate and House of 
Representatives.
    ``(C)(i) Except as provided in clause (ii), the authority 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 eligible for burial in 
Arlington National Cemetery under subsection (e)(2) that is made before 
the death of the individual for whom burial in Arlington National 
Cemetery is requested.
    ``(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 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 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 National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 38 U.S.C. 
2402 note) is repealed.
    (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 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 to carry out sections 2 
through 4.

SEC. 6. APPLICATION OF DEPARTMENT OF VETERANS AFFAIRS BENEFIT FOR 
              GOVERNMENT MARKERS FOR MARKED GRAVES OF VETERANS AT 
              PRIVATE 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 enactment 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 enactment of such section 502.

            Passed the House of Representatives July 22, 2002.

            Attest:

                                                                 Clerk.