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112th Congress                                             Rept. 112-84
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
                 HONORING AMERICAN VETERANS ACT OF 2011

                                _______
                                

  May 20, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Miller of Florida, from the Committee on Veterans' Affairs, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1627]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Veterans' Affairs, to whom was referred 
the bill (H.R. 1627) 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, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     5
Background and Need for Legislation..............................     5
Hearings.........................................................     9
Subcommittee Consideration.......................................     9
Committee Consideration..........................................    10
Committee Votes..................................................    10
Committee Oversight Findings.....................................    10
Statement of General Performance Goals and Objectives............    10
New Budget Authority, Entitlement Authority, and Tax Expenditures    10
Earmarks and Tax and Tariff Benefits.............................    11
Committee Cost Estimate..........................................    11
Congressional Budget Office Cost Estimate........................    11
Federal Mandates Statement.......................................    12
Advisory Committee Statement.....................................    12
Statement of Constitutional Authority............................    12
Letter of Jurisdictional Waiver from the Chairman of the House 
  Armed Services Committee.......................................    12
Applicability to Legislative Branch..............................    13
Section-by-Section Analysis of the Legislation...................    13
Changes in Existing Law Made by the Bill as Reported.............    17

                               Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          Purpose and Summary

    H.R. 1627, was introduced on April 15, 2011, by Chairman 
Jeff Miller of Florida. H.R. 1627, as amended, would:
    Under Section 2, set forth the requirements for the 
placement of monuments in Arlington National Cemetery.
    Under Section 3, prohibit gravesite reservations at 
Arlington National Cemetery and, in general, limit eligible 
families to one gravesite at Arlington.
    Under Section 4, express the sense of Congress that an 
appropriate site on Chaplains' Hill in Arlington National 
Cemetery be provided for a memorial marker.
    Under Section 5, express the sense of the Congress honoring 
the service and sacrifice of members of the Armed Forces who 
are serving in, or have served in, Operation Enduring Freedom, 
Operation Iraqi Freedom and Operation New Dawn.

                  Background and Need for Legislation

    The land upon which Arlington National Cemetery (ANC) is 
now situated had previously been owned by General Robert E. Lee 
until he and his family left the land shortly after the start 
of the Civil War. The Federal Government seized the land soon 
after assessing a tax lien.
    On July 17, 1862, in the midst of the Civil War, President 
Lincoln approved a bill that provided, in part, that ``The 
President of the United States shall have power, whenever in 
his opinion it shall be expedient, to purchase cemetery grounds 
and cause them to be securely enclosed to be used as a national 
cemetery for the soldiers who die in the service of the 
country.'' Using this authority, on June 15, 1864, Secretary of 
War Edwin Stanton formally designated the area as a military 
cemetery. The first military burial had already taken place the 
month prior.
    After the conclusion of the Civil War and the interment of 
thousands of the fallen, General Lee's son, George Washington 
Custis Lee, successfully sued the U.S. government for ownership 
to the land. The dispute was eventually settled after Lee 
accepted compensation of $150,000 for the land from the United 
States in 1883.
    Arlington National Cemetery (ANC) is a unique national 
treasure. It is both an active burial ground and a place many 
people visit to contemplate the solemnity of death and honor 
the nation's history. Over 300,000 former servicemembers and 
their spouses and children are buried in the Cemetery which 
attracts millions of visitors each year. Eventually though, the 
624 acre plot will be filled and fallen servicemembers will no 
longer be able to be buried in ANC. Currently, approximately 
4,000 people are buried in ANC each year. According to 2005 
projections, the Cemetery is likely to reach capacity around 
the year 2060.
    It is for this reason that legislation is necessary to 
ensure the integrity of ANC is preserved both in its 
utilization of land with the placement of monuments and the 
allocation of gravesites.
    Requirements for the placement of monuments in Arlington 
National Cemetery--Section 2 of H.R. 1627, as amended, is 
derived from H.R. 1627 as introduced, and would set forth the 
requirements for the placement of monuments at ANC.
    As noted above, space in the cemetery is limited; 2005 
estimates project the Cemetery to reach capacity around the 
year 2060. Of special concern is the placement of monuments in 
the Cemetery. Currently there are 24 significant monuments in 
ANC. Seven either contain or mark the interment of remains. 
These are called Memorial Monuments. The remaining seventeen 
honor groups of individuals, military branches, or specific 
events in history. These are called Commemorative Monuments.
    The authority and procedures for emplacement of these 
Commemorative Monuments have varied with nearly every monument 
placed. At present there are no federal statutes to provide 
objective criteria for approval of monuments at ANC. Monument 
approval is currently regulated through a few entries in the 
body of administrative law found in the Code of Federal 
Regulation. 32 CFR 553(l) specifically addresses monuments at 
ANC and calls for a joint or concurrent resolution of Congress 
in order to authorize erection of a monument. 32 CFR 553 also 
requires consultation with the U.S. Commission on Fine Arts 
before approving a monument for placement at ANC. The policy of 
requiring a Congressional resolution does so without any 
reference to when in the process it should be sought. While 
many organizations may choose to work with the staff of ANC 
first and seek a Congressional resolution only after most of 
the planning and approval is complete, nothing would prevent a 
group from seeking Congressional support for a monument before 
ever coming forward and presenting the idea to ANC.
    Because of the relatively lax standards in place at present 
for placing monuments at ANC there is little to guarantee those 
charged with the care, upkeep and maintenance of ANC will be 
consulted before Congress acts. At present a sponsoring 
organization could obtain its Congressional resolution 
directing ANC to act without any consideration given to the use 
of land or its impact on the overall pastoral environment of 
ANC. For those monuments that are so deserving and appropriate, 
the process of lobbying Congress for a resolution can cause 
undue and burdensome delay. For instance, according to 
information provided to the Committee by ANC officials, the 
sponsoring entity of the Jewish War Chaplains monument had 
satisfied all requirements for emplacement of a monument, save 
Congressional approval, as of June 2010. Nearly one year later, 
almost entirely due to procedural delay, Congress has yet to 
approve placement of the Jewish War Chaplains monument.
    Section 2 of H.R. 1627, as amended, would establish clear 
and objective criteria for the Secretary of the Army in 
considering and approving monument requests. It would do this 
by putting in place a requirement that monuments commemorate 
the military service of an individual, a group of individuals, 
or a military event that is at least 25 years old. The purpose 
of the 25-year requirement would be to ensure that a permanent 
monument truly stands the test of time and is not commemorating 
events based on the passions of a moment. H.R. 1627, as 
amended, would also require that monuments be placed in 
sections of Arlington designated by the Secretary of the Army 
for that explicit purpose and only on land that is not suitable 
for burial. The bill would further require that monument 
construction and placement must be funded by a non-governmental 
entity using funds from private sources. The Secretary of the 
Army would be required to consult with the U.S. Commission on 
Fine Arts before approving the monument design, and the 
sponsoring entity must issue a study on the suitability and 
availability of other sites (outside of ANC) where the monument 
could be placed.
    Recognizing the need for flexibility in monument 
determinations, H.R. 1627, as amended, would permit the 
Secretary of the Army to waive the 25-year rule (noted above) 
in the event a monument proposes to commemorate a group of 
individuals who have made valuable contributions to the Armed 
Forces for longer than 25 years and those contributions 
continue, and are expected to continue, indefinitely, and such 
groups have provided service of such a character that it would 
present a manifest injustice if approval of the monument was 
not permitted. Finally, H.R. 1627, as amended, would retain 
ultimate Congressional oversight of monument placement at ANC 
by requiring the Secretary of the Army to notify Congress of 
any decision to approve a monument, along with the stated 
rationale, before a monument may be placed. Congress would have 
60 days to review the decision and, if it chooses, pass a 
disapproval resolution in order to halt the monument from going 
forward. If Congress takes no action, the monument would be 
deemed approved after the 60-day period lapses.
    H.R. 1627, as amended, therefore, retains elements of the 
Department of the Army's existing regulatory framework with 
respect to monument placement at ANC and builds upon that 
framework by establishing an objective, transparent, rigorous, 
and flexible criteria for future monument placement.
    Codification of prohibition against reservation of 
gravesites at Arlington National Cemetery--Section 3 of H.R. 
1627 as amended, is derived from H.R. 1441, and would prohibit 
gravesite reservations at ANC and limit eligible families to 
one gravesite, except in certain extreme circumstances. As 
stated above, space suitable for in-ground burial is becoming 
very limited at ANC. Section 3, of H.R. 1627, as amended, is 
intended to address both the availability for and eligibility 
of gravesites at ANC.
    Section (a) would set clear requirements that a deceased 
servicemember or veteran and his or her family may only occupy 
the one gravesite the eligible servicemember is entitled to for 
burial. Recognizing there may be extraordinary cases when more 
than one gravesite may need to be occupied, Section (a) permits 
the Secretary of the Army to waive the one gravesite 
requirement in certain extreme circumstances. An example of 
such circumstance might include the death of an eligible 
servicemember or veteran and his or her entire family of 
qualifying dependants in a motor vehicle accident when the 
number of qualifying dependants exceeds the number of caskets 
that can be buried in one gravesite.
    Section (b) would prohibit reservation of gravesites. For 
many years, from some time after its creation until 1962, 
gravesites at ANC were allowed to be reserved when space was 
not an issue. Since 1962, the Department of the Army has had a 
policy that prohibits the acceptance of reservations. Despite 
this official policy, past officials at ANC have maintained 
secret reservation lists of distinguished individuals since 
1962 up until last year when the Army again reaffirmed its 
policy prohibiting reservations. These reservations were held 
primarily by senior military and government officials and 
removed selected open gravesites from availability for 
interment by recently deceased servicemembers and veterans, 
adding to what can already be a wait of several months for an 
opportunity to be buried at ANC. This section would codify in 
Federal law the prohibition against reservation of gravesites 
by living servicemembers and veterans, and reaffirm that 
eligibility for burial at Arlington National Cemetery is based 
on a servicemember's or veteran's qualifying service, not on 
their rank or position.
    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--Section 4 of H.R. 1627, as amended, is 
derived from H. Con. Res. 12, and would express the sense of 
Congress that an appropriate site on Chaplains' Hill in ANC be 
provided for a memorial marker. Chaplains' Hill at ANC is so 
named because Chaplains from four wars rest on its hillside in 
Section 2 of ANC. Atop the Hill sit three Memorials to 
Protestant and Catholic Chaplains. The first monument was 
emplaced on May 5, 1926, and is dedicated to 23 Chaplains who 
died in World War I. The second monument was dedicated on 
October 26, 1981, and honors 134 Protestant Chaplains who died 
in World Wars I and II. The third monument, dedicated on May 
21, 1989, honors 83 Catholic Chaplains who died in World War 
II, Korea, and Vietnam. Despite the fact that Jewish Rabbis 
have been serving as military Chaplains since the Civil War and 
13 Jewish Chaplains have died while in active service, there is 
currently no recognition of their service and sacrifice on 
Chaplains' Hill alongside their Christian colleagues. This 
despite the fact that three of the ``Four Chaplains'' who 
sacrificed their lives so that others might live during the 
sinking of the U.S.S. Dorchester in World War II have their 
names memorialized on the monuments atop Chaplains' Hill. The 
one lone Chaplain of the famed ``Four Chaplains'' not named 
atop Chaplains' Hill for his sacrifice is Rabbi and Army 
Lieutenant Alexander D. Goode. Approval of this monument will 
allow Lieutenant Goode and all the other Jewish Chaplains who 
have given their lives in the service of their country to be 
appropriately recognized and honored with their fellow 
Chaplains amid the hallowed ground of ANC. The Committee 
believes that passage of Section 4 of H.R. 1627, as amended, 
along with the separate Senate passage of companion language 
would satisfy the letter and spirit of ANC's regulatory 
requirement for Congressional approval of monuments. In the 
future, it is the Committee's hope that a more objective and 
transparent framework for monument placement like that 
contemplated in Section 3 of the bill can be put in place.
    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--Section 5 of H.R. 1627, as 
amended, is derived from H. Con. Res. 45, and would express the 
sense of Congress honoring the service and sacrifice of members 
of the Armed Forces who are serving in, or have served in, 
Operation Enduring Freedom, Operation Iraqi Freedom and 
Operation New Dawn. The United States Military is made up of an 
all volunteer force that consists of less than one percent of 
the United States population. Of this force more than 2,000,000 
have deployed to combat theaters since October 7, 2001, many 
deploying multiple times in support of these operations. Over 
5,500 of these servicemembers have made the ultimate sacrifice 
on behalf of their Nation while serving in Iraq and 
Afghanistan. As the Nation prepares to celebrate Memorial Day 
2011, it is appropriate that the Congress should take the lead 
in honoring the dedication, service and sacrifice of all those 
who are presently serving and all those who have served in 
support of Operation Enduring Freedom, Operation Iraqi Freedom 
and Operation New Dawn.

                                Hearings

    On May 3, 2011, the Subcommittee on Disability Assistance 
and Memorial Affairs conducted a legislative hearing on various 
bills introduced during the 112th Congress, including H.R. 
1627, H.R. 1441, and H. Con. Res. 12. The following witnesses 
testified:
    Ms. Christina M. Roof, National Acting Legislative 
Director, AMVETS; Mr. Jeffrey C. Hall, Assistant National 
Legislative Director, Disabled American Veterans; Mr. Shane 
Barker, Senior Legislative Associate, National Legislative 
Service, Veterans of Foreign Wars of the United States; Mr. 
Barton F. Stichman, Joint Executive Director, National Veterans 
Legal Service Program; The Honorable Bruce E. Kasold, Chief 
Judge, United States Court of Appeals for Veterans Claims; Ms. 
Diana M. Rubens, Associate Deputy Under Secretary for Field 
Operations, Veterans Benefits Administration, U.S. Department 
of Veterans Affairs; Mr. Richard J. Hipolit, Assistant General 
Counsel, U.S. Department of Veterans Affairs; and Mr. Steve 
Keller, Acting Chairman, Board of Veterans' Appeals, U.S. 
Department of Veterans Affairs.
    Ms. Kathryn A. Condon, Executive Director, Army National 
Cemeteries Program Office of the Secretary of the Army, 
Department of the Army, U.S. Department of Defense.
    Organizations submitting statements for the record 
included: Paralyzed Veterans of America.

                       Subcommittee Consideration

    On May 5, 2011, the Subcommittee on Disability Assistance 
and Memorial Affairs met in an open markup session, a quorum 
being present, an amendment was offered by Ranking Member 
McNerney to amend the amendment in the nature of a substitute 
to H.R. 1627. Mr. McNerney's amendment to the amendment in the 
nature of a substitute would have required that a joint or 
concurrent resolution of the House and the Senate expressing 
support for the new monument at ANC be passed before the 
monument could be placed at ANC. It would also strike the 
language in the amendment in the nature of a substitute to H.R. 
1627, wherein it would require passage of a joint disapproval 
resolution to overturn a decision made by the Secretary of the 
Army on the placement of commemorative monuments at ANC. 
Ranking Member McNerney requested a recorded vote on the 
amendment. The Clerk called the roll and the following votes 
were recorded: Chairman Runyan--no; Mr. Lamborn--no; Ms. 
Buerkle--no; Mr. Stutzman--no; Ranking Member McNerney--yes; 
Mr. Barrow--yes; Mr. Michaud--yes; with a vote of four no/nays 
to three yes/yeas the amendment was not adopted.
    The subcommittee then held a voice vote on the amendment in 
the nature of a substitute to H.R. 1627, and the amendment in 
the nature of a substitute was adopted. The amendment in the 
nature of a substitute incorporated provisions of H.R. 1627, as 
introduced, H.R. 1441, H. Con. Res. 12, and H. Con. Res. 45. 
H.R. 1627, as amended, was adopted by voice vote. Mr. Stutzman 
offered a motion to report and H.R. 1627, as amended, favorably 
to the full Committee. His motion was accepted by voice vote.

                        Committee Consideration

    On May 12, 2011, the full Committee met in an open markup 
session, a quorum being present, and ordered H.R. 1627, as 
amended, reported favorably to the House of Representatives, by 
voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report the legislation and amendments thereto. 
There were no record votes taken on amendments or in connection 
with ordering H.R. 1627, as amended, reported to the House. A 
motion by Ranking Member Bob Filner of California to order H.R. 
1627, as amended, reported favorably to the House of 
Representatives was agreed to by voice vote.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committees performance 
goals and objectives are reflected in the descriptive portions 
of this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

                  Earmarks and Tax and Tariff Benefits

    H.R. 1627, as amended, does not contain any Congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9 of rule XXI of the Rules of the House of 
Representatives.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate on H.R. 
1627, as amended, prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
for H.R. 1627, as amended, provided by the Congressional Budget 
Office pursuant to section 402 of the Congressional Budget Act 
of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 16, 2011.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1627, the Honoring 
American Veterans Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Dwayne M. 
Wright.
            Sincerely,
                                               Douglas W. Elmendorf
    Enclosure.

H.R. 1627--Honoring American Veterans Act of 2011

    H.R. 1627 would codify current practice at Arlington 
National Cemetery (ANC) regarding the type, placement, and 
funding of commemorative monuments, and the current prohibition 
on the reservation of gravesites. No gravesite could be 
reserved for any individuals before their death unless the 
request was submitted prior to January 1, 1962.
    The bill also would require the Department of the Army to 
submit a report within 180 days detailing the number of 
reservation requests made to ANC before January 1, 1962; the 
number of gravesites that were reserved because of such 
requests; the number of reserved gravesites that are 
unoccupied; the number of reservations approved by ANC 
management; the measures being taken to improve transparency 
and accountability regarding gravesite reservations at ANC; and 
recommendations for possible legislative action to improve 
transparency and accountability.
    CBO estimates that implementing H.R. 1627 would cost less 
than $500,000 in 2012, assuming availability of the necessary 
appropriations.
    Enacting H.R. 1627 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 1627 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandate Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Dwayne M. 
Wright. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates regarding H.R. 1627, as amended, prepared by the 
Director of the Congressional Budget Office pursuant to section 
423 of the Unfunded Mandates Reform Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act would be created by H.R. 
1627, as amended.

                 Statement of Constitutional Authority

    Pursuant to Article I, section 8 of the United States 
Constitution, the reported bill is authorized by Congress' 
power to ``provide for the common Defense and general Welfare 
of the United States.''

 Letter of Jurisdictional Waiver From the Chairman of the House Armed 
                           Services Committee

                                                      May 19, 2011.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
U.S. House of Representatives, Washington, DC.
    Dear Chairman Miller: I am writing to you concerning the 
bill H.R. 1627 as amended, Honoring American Veterans Act of 
2011. This legislation deals with Arlington National Cemetery 
and members of the Armed Forces, which fall within the Rule X 
jurisdiction of the Committee on Armed Services.
    In the interest of permitting your committee to proceed 
expeditiously to floor consideration of this important bill, I 
am willing to waive this committee's right to sequential 
referral. I do so with the understanding that by waiving 
consideration of the bill the Committee on Armed Services does 
not waive any future jurisdictional claim over the subject 
matters contained in the bill which fall within its Rule X 
jurisdiction. I request that you urge the Speaker to name 
members of this committee to any conference committee which is 
named to consider such provisions.
    Please place this letter into the committee report on H.R. 
1627, as amended, and into the Congressional Record during 
consideration of the measure on the House floor. Thank you for 
the cooperative spirit in which you have worked regarding this 
matter and others between our respective committees.
            Sincerely,
                                 Howard P. ``Buck'' McKeon,
                                                          Chairman.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section would provide the short title of H.R. 1627, as 
amended, as the ``Veterans Appeals Improvement Act of 2011.''

Section 2. Requirements for the Placement of Monuments in Arlington 
        National Cemetery

    Section (2)(A) This section would require that 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.
    Section (2)(B) This section would provide that 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.
    Section (2)(C) This section would require that 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) This section would provide that 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.
    Section (2)(E) would require that 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) would require that the construction and 
        placement of the monument are paid for only using funds 
        from private sources;
          ``(ii) would require that the Secretary of the Army 
        consults with the Commission of Fine Arts before 
        approving the design of the monument; and
          ``(iii) would require 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.
    Section (3)(A) Would provide that 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.
    Section (3)(B) This section would provide that 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.
    Section (4) This section would require that the Secretary 
of the Army 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.

Section 3. Codification of Prohibition Against Reservations of 
        Gravesites at Arlington National Cemetary

    Section 3 (a) In General.--Chapter 24 of title 38, United 
States Code, is amended by inserting after section 2410 the 
following new section:

``Sec. Sec. 2410A. Arlington National Cemetery: Other Administrative 
                    Matters.

    Section 3 (a) One Gravesite Per Family.--
          (1) This section would provide that 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) This section would provide that 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, 
        and requires the Secretary to 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.
    Section 3 (b) Prohibition Against Reservation of 
Gravesites.--This section would provide that a gravesite at 
Arlington National Cemetery may not be reserved for an 
individual before the death of such individual.
    Section 3 (b) Clerical Amendment.--This section would amend 
the table at the beginning of chapter 24 by inserting after 
section 2410 the following new item: Arlington National 
Cemetery: other administrative matters.''.
    Section 3 (c) Applicability.--
          (1) In General.--This section would provide that this 
        statute would apply to all interments at Arlington 
        National Cemetery after the date of enactment.
          (2) Exception.--This section would provide an 
        exception in the application of this statute to 
        individuals with an approved written request that was 
        submitted to the Secretary of the Army before January 
        1, 1962.
    Section 3 (d) Report.--
          (1) In General.--This section would require the 
        Secretary of the Army to submit a report to Congress on 
        reservations made for interment at Arlington National 
        Cemetery no later than 180 days after the date of the 
        enactment of this Act.
          (2) Elements.--This section would require the report 
        to 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 cemeteries 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.

Section 4. Sense of Congress Regarding the Provisions 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.

    Section 4 (a) Findings.--This section would provide that 
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.
    Section 4 (b) Sense of the Congress.--This section would 
declare it 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.

Section 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

    Section 5 (a) Findings.--This section would provide that 
Congress makes the following findings:
          (1) That 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) That 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) That 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) That 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) That 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) That these members of the Armed Forces have 
        personified the virtues of patriotism, service, duty, 
        courage, and sacrifice.
          (7) and that all Americans recognize the service and 
        sacrifices made by these members of the Armed Forces 
        and their families.
    Section 5 (b) Sense of the Congress.--Congress--
          (1) This section would declare it the sense of 
        Congress that Congress 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) This section would call 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.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 38, UNITED STATES CODE

           *       *       *       *       *       *       *


PART II--GENERAL BENEFITS

           *       *       *       *       *       *       *


             CHAPTER 24--NATIONAL CEMETERIES AND MEMORIALS

2400. Establishment of National Cemetery Administration; composition of 
          Administration.
     * * * * * * *
2410A. Arlington National Cemetery: other administrative matters.

           *       *       *       *       *       *       *


Sec. 2409. Memorial areas in Arlington National Cemetery

    (a) * * *
    (b) [Under] (1) Under regulations prescribed by the 
Secretary of the Army and subject to paragraph (2), appropriate 
memorials or markers may be erected in Arlington National 
Cemetery to honor the memory of those individuals, or group of 
individuals, referred to in subsection (a) of this section.
    (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 forsuch 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. 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.

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