[House Report 112-84]
[From the U.S. Government Publishing Office]
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.
* * * * * * *