text: 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:
  
                                                   JEFF TRANDAHL,
  
                                                                   Clerk.
target: Arlington National Cemetery Burial Eligibility Act - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member of the armed forces; (3) any member or former member of a reserve component of the armed forces who served on active duty, who was honorably discharged from active duty, who was under 60 years of age, and who, but for such age, would have been eligible for retired pay; (4) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (5) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (6) any former prisoner of war who dies on or after November 30, 1993; (7) any reserve member who dies while on active duty for training or inactive duty training; (8) the President or any former President; (9) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member (but only if buried in the same grave site); (10) the spouse, minor child, and unmarried adult child (discretionary) of a member on active duty if such person dies while the member is on active duty; (11) the individual whose spouse, minor child, and unmarried adult child (discretionary) is eligible under (10), above, but only if buried in the same grave site; (12) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery, but only if buried in the same grave site; (13) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member who was lost, buried at sea, or officially determined to be permanently absent in a status of missing or missing in action; and (14) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member buried in a cemetery under the jurisdiction of the American Battle Monuments Commission.Authorizes the President to deem an otherwise ineligible individual as eligible for such burial for extraordinary acts, services, or contributions to the armed forces. Prohibits the consideration of a request for burial under such extraordinary circumstances that is made before the death of the individual involved.Directs the Secretary of the Army to: (1) maintain a register of each individual buried in the Cemetery that describes the basis of burial eligibility for individuals buried on or after January 1, 2002; and (2) publish an updated pamphlet describing eligibility for Cemetery burial.(Sec. 3) Authorizes the cremated remains of the following individuals to be placed in the Cemetery columbarium: (1) any person described above who is eligible for Cemetery burial; (2) a veteran whose last period of active duty service (other than for training) ended honorably; and (3) the spouse, surviving spouse, minor child, and, at the Superintendent's discretion, the unmarried adult child of a veteran whose last period of active service ended honorably.(Sec. 4) Requires a Cemetery grave site to be appropriately marked. Requires the Secretary to prescribe regulations for the provision of Cemetery headstones or markers at private expense in lieu of Cemetery headstones and markers provided by the Secretary of Veterans Affairs. Allows for the placement of Cemetery monuments for particular military service or a military event, but requires a 25-year wait after such service or event before the placing of such monument. (Sec. 6) Amends the Veterans Education and Benefits Expansion Act of 2001 to make a provision authorizing the Secretary of Veterans Affairs to furnish a headstone or marker for the graves of eligible veterans buried in private cemeteries effective with respect to veterans dying on or after September 11, 2001 (currently December 27, 2001).
feat_title: To amend title 38, United States Code, to enact into law eligibility requirements for burial in Arlington National Cemetery, and for other purposes.