I 112th CONGRESS 2d Session H. R. 5735 IN THE HOUSE OF REPRESENTATIVES May 10, 2012 Mr. Stivers (for himself and Mr. Reyes) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, 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 provide for the establishment of a Tomb of Remembrance at Arlington National Cemetery for interment of cremated fragments of the remains of members of the Armed Forces killed in Afghanistan, Iraq, or a subsequent conflict when the fragments are unidentifiable by use of DNA testing or other means because of the condition of the fragments, are unclaimed, or are identified and authorized by the person designated to direct disposition of the remains for internment in such memorial.

1.

Establishment of Tomb of Remembrance at Arlington National Cemetery

(a)

Establishment required

The Secretary of Defense shall establish at an appropriate location in Arlington National Cemetery a Tomb of Remembrance for the interment of cremated fragments of the remains of members of the Armed Forces killed in the conflicts specified in subsection (b) when one of the conditions specified in subsection (c) applies with respect to the remains. (b)

Covered conflicts

The Tomb of Remembrance shall be established for the following conflicts: (1)Operation Enduring Freedom in Afghanistan. (2)Operation Iraqi Freedom and Operation New Dawn in Iraq. (3)Any war declared or contingency operation designated after the date of the enactment of this Act from which there are remains described in subsection (c). (c)

Remains authorized for internment

Subsection (a) applies to fragments of the remains of a deceased member of the Armed Forces described in such subsection (or fragments reasonable believed to be from the remains of a deceased member of the Armed Forces described in such subsection) that— (1)are unidentifiable by use of DNA testing or other means because of the condition of the fragments; (2)are unclaimed after a reasonable period of time; (3)are identified and authorized for internment in the Tomb of Remembrance by the person designated under section 1482(c) of title 10, United States Code, to direct disposition of the remains of the member; or (4)are designated as No Further Pursuit remains. (d)

Source of funds for establishment

To cover the costs to be incurred to establish the Tomb of Remembrance, the Secretary of Defense shall transfer the necessary funds from the account of the Office of the Secretary of Defense to the account of the Secretary of the Army used to fund operation and maintenance of Arlington National Cemetery.