[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1627 Engrossed in House (EH)]
112th CONGRESS
1st Session
H. R. 1627
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to provide for certain
requirements for the placement of monuments 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 ``Honoring American Veterans Act of
2011''.
SEC. 2. REQUIREMENTS FOR THE PLACEMENT OF MONUMENTS IN ARLINGTON
NATIONAL CEMETERY.
Section 2409(b) of title 38, United States Code, is amended--
(1) by striking ``Under'' and inserting ``(1) Under'';
(2) by inserting after ``Secretary of the Army'' the
following: ``and subject to paragraph (2)''; and
(3) by adding at the end the following new paragraphs:
``(2)(A) Except for a monument containing or marking interred
remains, 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.
``(B) A monument may be placed in Arlington National Cemetery if
the monument commemorates--
``(i) the service in the Armed Forces of the individual, or
group of individuals, whose memory is to be honored by the
monument; or
``(ii) a particular military event.
``(C) No monument may be placed in Arlington National Cemetery
until the end of the 25-year period beginning--
``(i) in the case of the commemoration of service under
subparagraph (B)(i), on the last day of the period of service
so commemorated; and
``(ii) in the case of the commemoration of a particular
military event under subparagraph (B)(ii), on the last day of
the period of the event.
``(D) A monument may be placed only in those sections of Arlington
National Cemetery designated by the Secretary of the Army for such
placement and only on land the Secretary determines is not suitable for
burial.
``(E) A monument may only be placed in Arlington National Cemetery
if an appropriate non-governmental entity has agreed to act as a
sponsoring organization to coordinate the placement of the monument
and--
``(i) the construction and placement of the monument are
paid for only using funds from private sources;
``(ii) the Secretary of the Army consults with the
Commission of Fine Arts before approving the design of the
monument; and
``(iii) the sponsoring organization provides for an
independent study on the availability and suitability of
alternative locations for the proposed monument outside of
Arlington National Cemetery.
``(3)(A) The Secretary of the Army may waive the requirement under
paragraph (2)(C) in a case in which the monument would commemorate a
group of individuals who the Secretary determines--
``(i) has made valuable contributions to the Armed Forces
that have been ongoing and perpetual for longer than 25 years
and are expected to continue on indefinitely; and
``(ii) has provided service that is of such a character
that the failure to place a monument to the group in Arlington
National Cemetery would present a manifest injustice.
``(B) If the Secretary waives such requirement under subparagraph
(A), the Secretary shall--
``(i) make available on an Internet website notification of
the waiver and the rationale for the waiver; and
``(ii) submit to the Committee on Veterans' Affairs and the
Committee on Armed Services of the Senate and the Committee on
Veterans' Affairs and the Committee on Armed Services of the
House of Representatives written notice of the waiver and the
rationale for the waiver.
``(4) The Secretary of the Army shall provide notice to the
Committee on Armed Services and the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs and the Committee on
Armed Services of the House of Representatives of any monument proposed
to be placed in Arlington National Cemetery. During the 60-day period
beginning on the date on which such notice is received, Congress may
pass a joint resolution of disapproval of the placement of the
monument. The proposed monument may not be placed in Arlington National
Cemetery until the later of--
``(A) if Congress does not pass a joint resolution of
disapproval of the placement of the monument, the date that is
60 days after the date on which notice is received under this
paragraph; or
``(B) if Congress passes a joint resolution of disapproval
of the placement of the monument, and the President signs a
veto of such resolution, the earlier of--
``(i) the date on which either House of Congress
votes and fails to override the veto of the President;
or
``(ii) the date that is 30 session days after the
date on which Congress received the veto and objections
of the president.''.
SEC. 3. CODIFICATION OF PROHIBITION AGAINST RESERVATION OF GRAVESITES
AT ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by inserting after section 2410 the following new section:
``Sec. 2410A. Arlington National Cemetery: other administrative matters
``(a) One Gravesite Per Family.--(1) Not more than one gravesite
may be provided at Arlington National Cemetery to a veteran or member
of the Armed Forces who is eligible for interment at such cemetery and
the family members of such veteran or member who are also eligible for
interment at such cemetery.
``(2) The Secretary may waive the requirement under paragraph (1)
in extreme circumstances, as determined by the Secretary. If the
Secretary waives such requirement under this paragraph, the Secretary
shall submit notice of the waiver to the Committee on Veterans' Affairs
and the Committee on Armed Services of the Senate and the Committee on
Veterans' Affairs and the Committee on Armed Services of the House of
Representatives.
``(b) Prohibition Against Reservation of Gravesites.--A gravesite
at Arlington National Cemetery may not be reserved for an individual
before the death of such individual.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of such title is amended by inserting after the item
relating to section 2410 the following new item:
``2410A. Arlington National Cemetery: other administrative matters.''.
(c) Applicability.--
(1) In general.--Except as provided in paragraph (2),
section 2410A of such title, as added by subsection (a), shall
apply with respect to all interments at Arlington National
Cemetery after the date of the enactment of this Act.
(2) Exception.--Subsection (b) of such section, as so
added, shall not apply with respect to the interment of an
individual for whom a written request for a reserved gravesite
was submitted to the Secretary of the Army before January 1,
1962, and subsequently approved.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army shall
submit to Congress a report on reservations made for interment
at Arlington National Cemetery.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The number of requests for reservation of a
gravesite at Arlington National Cemetery that were
submitted to the Secretary of the Army before January
1, 1962.
(B) The number of gravesites at such cemetery that,
on the day before the date of the enactment of this
Act, were reserved in response to such requests.
(C) The number of such gravesites that, on the day
before the date of the enactment of this Act, were
unoccupied.
(D) A list of all reservations for gravesites at
such cemetery that were extended by individuals
responsible for management of such cemetery in response
to requests for such reservations made on or after
January 1, 1962.
(E) A description of the measures that the
Secretary is taking to improve the accountability and
transparency of the management of gravesite
reservations at Arlington National Cemetery.
(F) Such recommendations as the Secretary may have
for legislative action as the Secretary considers
necessary to improve such accountability and
transparency.
SEC. 4. SENSE OF CONGRESS REGARDING THE PROVISION OF A MEMORIAL MARKER
ON CHAPLAINS HILL TO HONOR THE MEMORY OF THE JEWISH
CHAPLAINS WHO DIED WHILE ON ACTIVE DUTY IN THE ARMED
FORCES OF THE UNITED STATES.
(a) Findings.--Congress makes the following findings:
(1) 13 Jewish chaplains have died while on active duty in
the Armed Forces of the United States.
(2) Army Chaplain Rabbi Alexander Goode died on February 3,
1943, when then U.S.S. Dorchester was sunk by German torpedoes
off the coast of Greenland.
(3) Chaplain Goode received the Four Chaplains' Medal for
Heroism and the Distinguished Service Cross for his heroic
efforts to save the lives of those onboard the Dorchester.
(4) Army Chaplain Rabbi Irving Tepper was killed in action
in France on August 13, 1944.
(5) Chaplain Tepper also saw combat in Morocco, Tunisia,
and Sicily while attached to an infantry combat team in the
Ninth Division.
(6) Army Chaplain Rabbi Louis Werfel died on December 24,
1944, at the young age of 27, in a plane crash while en route
to conduct Chanukah services.
(7) Chaplain Werfel was known as ``The Flying Rabbi''
because his duties required traveling great distances by plane
to serve Army personnel of Jewish faith at outlying posts.
(8) Army Chaplain Rabbi Meir Engel died at the Naval
Hospital in Saigon, Vietnam, on December 16, 1964, after
faithfully serving his country during World War II, the Korean
War, and the Vietnam War.
(9) Army Chaplain Rabbi Morton Singer died on December 17,
1968, in a plane crash while on a mission in Vietnam to conduct
Chanukah services.
(10) Army Chaplain Rabbi Herman Rosen died in service of
his faith and his country on June 18, 1943.
(11) His son, Air Force Chaplain Solomon Rosen, also died
in service of his faith and his country on November 2, 1948.
(12) Army Chaplain Rabbi Nachman Arnoff died in service of
his faith and his country on May 9, 1946.
(13) Army Chaplain Rabbi Frank Goldenberg died in service
of his faith and his country on May 22, 1946.
(14) Army Chaplain Rabbi Henry Goody died in service of his
faith and his country on October 19, 1943.
(15) Army Chaplain Rabbi Samuel Hurwitz died in service of
his faith and his country on December 9, 1943.
(16) Air Force Chaplain Rabbi Samuel Rosen died in service
of his faith and his country on May 13, 1955.
(17) Air Force Chaplain Rabbi David Sobel died in service
of his faith and his country on March 7, 1974.
(18) Chaplains Hill in Arlington National Cemetery
memorializes the names of 242 chaplains who perished while
serving on active duty in the Armed Forces of the United
States.
(19) None of the 13 Jewish chaplains who have died while
serving on active duty are memorialized on Chaplains Hill.
(b) Sense of Congress.--It is the sense of Congress that an
appropriate site on Chaplains Hill in Arlington National Cemetery
should be provided for a memorial marker, to be paid for with private
funds, to honor the memory of the Jewish chaplains who died while on
active duty in the Armed Forces of the United States, so long as the
Secretary of the Army has exclusive authority to approve the design and
site of the memorial marker.
SEC. 5. SENSE OF CONGRESS REGARDING THE SERVICE AND SACRIFICE OF
MEMBERS OF THE UNITED STATES ARMED FORCES WHO ARE SERVING
IN, OR HAVE SERVED IN, OPERATION ENDURING FREEDOM,
OPERATION IRAQI FREEDOM, AND OPERATION NEW DAWN.
(a) Findings.--Congress makes the following findings:
(1) More than 2,000,000 members of the Armed Forces have
deployed to the theaters of war since the commencement of
Operation Enduring Freedom, Operation Iraqi Freedom, and
Operation New Dawn.
(2) Hundreds of thousands of such members have deployed for
multiple tours of duty, leaving their homes, their families,
and in many cases, their civilian jobs.
(3) More than 5,500 members of the Armed Forces have made
the ultimate sacrifice for the United States while serving in
Iraq or Afghanistan.
(4) Tens of thousands of additional members of the Armed
Forces have been seriously wounded in the line of duty while
serving in these theaters of war.
(5) These members of the Armed Forces have answered the
Nation's call to duty, serving bravely and nobly and, in most
cases, without fanfare or acclaim.
(6) These members of the Armed Forces have personified the
virtues of patriotism, service, duty, courage, and sacrifice.
(7) All Americans recognize the service and sacrifices made
by these members of the Armed Forces and their families.
(b) Sense of Congress.--Congress--
(1) honors the members of the Armed Forces who are serving
in Operation Enduring Freedom, Operation Iraqi Freedom, and
Operation New Dawn and the members and veterans who have
previously served in Operation Enduring Freedom, Operation
Iraqi Freedom, and Operation New Dawn; and
(2) calls on all Americans to reflect on the service of
these members and veterans and to hold them in a special place
of honor now and in the future.
Passed the House of Representatives May 23, 2011.
Attest:
Clerk.
112th CONGRESS
1st Session
H. R. 1627
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to provide for certain
requirements for the placement of monuments in Arlington National
Cemetery, and for other purposes.