Short title

This Act may be cited as the

Honoring American Veterans Act of 2011

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.

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:

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.

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.

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.