Pub. L. 111-275, tit. V, sec. 502
INTERMENT IN NATIONAL CEMETERIES OF PARENTS OF CERTAIN DECEASED VETERANS.
SEC. 502. INTERMENT IN NATIONAL CEMETERIES OF PARENTS OF CERTAIN DECEASED VETERANS.(a) Short Title.—This section may be cited as the “Corey Shea Act”.(b) Interment of Parents of Certain Deceased Veterans.—Section 2402 is amended—(1) in the matter preceding paragraph (1), by striking “Under such regulations” and inserting “(a) Under such regulations”;(2) by moving the margins of paragraphs (1) through (8) two ems to the right;(3) by inserting after paragraph (8) the following new paragraph:“(9)(A) The parent of a person described in subparagraph (B), if the Secretary determines that there is available space at the gravesite where the person described in subparagraph (B) is interred.“(B) A person described in this subparagraph is a person described in paragraph (1) who—“(i) is a hostile casualty or died from a training-related injury;“(ii) is interred in a national cemetery; and“(iii) at the time of the person’s parent’s death, did not have a spouse, surviving spouse, or child who is buried or who, upon death, may be eligible for burial in a national cemetery pursuant to paragraph (5).”; and(4) by adding at the end the following new subsection:“(b) For purposes of subsection (a)(9) of this section:“(1) The term ‘parent’ means a biological father or a biological mother or, in the case of adoption, a father through adoption or a mother through adoption.“(2) The term ‘hostile casualty’ means a person who, as a member of the Armed Forces, dies as the direct result of hostile action with the enemy, while in combat, while going to or returning from a combat mission if the cause of death was directly related to hostile action, or while hospitalized or undergoing treatment at the expense of the United States for injury incurred during combat, and includes a person killed mistakenly or accidentally by friendly fire directed at a hostile force or what is thought to be a hostile force, but does not include a person who dies due to the elements, a self-inflicted wound, combat fatigue, or a friendly force while the person was in an absent-without-leave, deserter, or dropped-from-rolls status or was voluntarily absent from a place of duty.“(3) The term ‘training-related injury’ means an injury incurred by a member of the Armed Forces while performing authorized training activities in preparation for a combat mission.”.(c) Guidance Required.—The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall develop guidance under which the parent of a person described in paragraph (9)(B) of subsection (a) of section 2402 of title 38, United States Code, as added by subsection (b), may be designated for interment in a national cemetery under that section.(d) Conforming Amendments.—124 STAT. 2883(1) Cross-reference correction.—Section 107 is amended by striking “section 2402(8)” both places it appears and inserting “section 2402(a)(8)”.(2) Cross-reference correction.—Section 2301(e) is amended by striking “section 2402(6)” and inserting “section 2402(a)(6)”.(3) Cross-reference correction.—Section 2306(a) is amended—(A) in paragraph (2), by striking “section 2402(4)” and inserting “section 2402(a)(4)”; and(B) in paragraph (4), by striking “section 2402(5)” and inserting “section 2402(a)(5)”.(e) Effective Date.—The amendments made by this section shall apply with respect to the death, on or after the date of the enactment of this Act, of the parent of a person described in paragraph (9)(B) of subsection (a) of section 2402 of title 38, United States Code, as added by subsection (b), who dies on or after October 7, 2001.