I 112th CONGRESS 1st Session H. R. 1627 IN THE HOUSE OF REPRESENTATIVES April 15, 2011 Mr. Miller of Florida (for himself, Mr. Roe of Tennessee, Mr. Lamborn, and Mr. Johnson of Ohio) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL 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.

1.

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)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— (A)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 (B)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. .