112th CONGRESS
1st Session
H. R. 1627
IN THE SENATE OF THE UNITED STATES
May 24, 2011
Received; read twice and referred to the Committee
on Veterans' Affairs
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.'.
(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.
(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:
KAREN L. HAAS,
Clerk.
END
