IC 

113TH CONGRESS 

1ST SESSION S. 1471 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2013 

Referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

AN ACT 

To authorize the Secretary of Veterans Affairs and the Secretary of the Army to reconsider decisions to inter or 

honor the memory of a person in a national cemetery, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Alicia Dawn Koehl 

3 Respect for National Cemeteries Act’’. 

4 SEC. 2. AUTHORITY TO RECONSIDER DECISIONS OF SEC5 RETARY OF VETERANS AFFAIRS OR SEC6 RETARY OF THE ARMY TO INTER THE RE7 MAINS OR HONOR THE MEMORY OF A PER8 SON IN A NATIONAL CEMETERY. 

9 (a) AUTHORITY TO RECONSIDER PRIOR DECI10 SIONS.—Section 2411 of title 38, United States Code, is 

11 amended— 

12 (1) by redesignating subsection (d) as sub13 section (f); and 

14 (2) by inserting after subsection (c) the fol15 lowing new subsections: 

16 ‘‘(d)(1) In a case described in subsection (e), the ap17 propriate Federal official may reconsider a decision to— 

18 ‘‘(A) inter the remains of a person in a ceme19 tery in the National Cemetery Administration or in 

20 Arlington National Cemetery; or 

21 ‘‘(B) honor the memory of a person in a memo22 rial area in a cemetery in the National Cemetery Ad23 ministration (described in section 2403(a) of this 

24 title) or in such an area in Arlington National Ceme25 tery (described in section 2409(a) of this title). 


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1 ‘‘(2)(A)(i) In a case described in subsection (e)(1)(A), 

2 the appropriate Federal official shall provide notice to the 

3 deceased person’s next of kin or other person authorized 

4 to arrange burial or memorialization of the deceased per5 son of the decision of the appropriate Federal official to 

6 disinter the remains of the deceased person or to remove 

7 a memorial headstone or marker memorializing the de8 ceased person. 

9 ‘‘(ii) In a case described in subsection (e)(1)(B), if 

10 the appropriate Federal official finds, based upon a show11 ing of clear and convincing evidence and after an oppor12 tunity for a hearing in a manner prescribed by the appro13 priate Federal official, that the person had committed a 

14 Federal capital crime or a State capital crime but had not 

15 been convicted of such crime by reason of such person not 

16 being available for trial due to death or flight to avoid 

17 prosecution, the appropriate Federal official shall provide 

18 notice to the deceased person’s next of kin or other person 

19 authorized to arrange burial or memorialization of the de20 ceased person of the decision of the appropriate Federal 

21 official to disinter the remains of the deceased person or 

22 to remove a memorial headstone or marker memorializing 

23 the deceased person. 

24 ‘‘(B) Notice under subparagraph (A) shall be pro25 vided by the appropriate Federal official as follows: 


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1 ‘‘(i) By the Secretary in accordance with section 

2 5104 of this title. 

3 ‘‘(ii) By the Secretary of Defense in accordance 

4 with such regulations as the Secretary of Defense 

5 shall prescribe for purposes of this subsection. 

6 ‘‘(3)(A) Notwithstanding any other provision of law, 

7 the next of kin or other person authorized to arrange bur8 ial or memorialization of the deceased person shall be al9 lowed a period of 60 days from the date of the notice re10 quired by paragraph (2) to file a notice of disagreement 

11 with the Federal official that provided the notice. 

12 ‘‘(B)(i) A notice of disagreement filed with the Sec13 retary under subparagraph (A) shall be treated as a notice 

14 of disagreement filed under section 7105 of this title and 

15 shall initiate appellate review in accordance with the provi16 sions of chapter 71 of this title. 

17 ‘‘(ii) A notice of disagreement filed with the Secretary 

18 of Defense under subparagraph (A) shall be decided in 

19 accordance with such regulations as the Secretary of De20 fense shall prescribe for purposes of this subsection. 

21 ‘‘(4) When the decision of the appropriate Federal 

22 official to disinter the remains or remove a memorial head23 stone or marker of the deceased person becomes final ei24 ther by failure to appeal the decision in accordance with 

25 paragraph (3)(A) or by final disposition of the appeal purVerDate Mar 15 2010 20:25 Nov 19, 2013 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1471.RFH S1471

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1 suant to paragraph (3)(B), the appropriate Federal offi2 cial may take any of the following actions: 

3 ‘‘(A) Disinter the remains of the person from 

4 the cemetery in the National Cemetery Administra5 tion or in Arlington National Cemetery and provide 

6 for the reburial or other appropriate disposition of 

7 the disinterred remains in a place other than a cem8 etery in the National Cemetery Administration or in 

9 Arlington National Cemetery. 

10 ‘‘(B) Remove from a memorial area in a ceme11 tery in the National Cemetery Administration or in 

12 Arlington National Cemetery any memorial head13 stone or marker placed to honor the memory of the 

14 person. 

15 ‘‘(e)(1) A case described in this subsection is a case 

16 in which the appropriate federal official receives— 

17 ‘‘(A) written notice of a conviction referred to 

18 in subsection (b)(1), (b)(2), or (b)(4) of a person de19 scribed in paragraph (2); or 

20 ‘‘(B) information that a person described in 

21 paragraph (2) may have committed a Federal capital 

22 crime or a State capital crime but was not convicted 

23 of such crime by reason of such person not being 

24 available for trial due to death or flight to avoid 

25 prosecution. 


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1 ‘‘(2) A person described in this paragraph is a per2 son— 

3 ‘‘(A) whose remains have been interred in a 

4 cemetery in the National Cemetery Administration 

5 or in Arlington National Cemetery; or 

6 ‘‘(B) whose memory has been honored in a me7 morial area in a cemetery in the National Cemetery 

8 Administration or in such an area in Arlington Na9 tional Cemetery.’’. 

10 (b) MODIFICATION OF EXCEPTION TO INTERMENT

11 OR MEMORIALIZATION PROHIBITION.—Subsection (a)(2) 

12 of such section is amended by striking ‘‘such official ap13 proves an application for’’. 

14 (c) APPLICABILITY.—The amendments made by this 

15 section shall apply with respect to any interment or memo16 rialization conducted by the Secretary of Veterans Affairs 

17 or the Secretary of the Army in a cemetery in the National 

18 Cemetery Administration or in Arlington National Ceme19 tery after the date of the enactment of this Act. 

20 SEC. 3. DISINTERMENT OF REMAINS OF MICHAEL 

21 LASHAWN ANDERSON FROM FORT CUSTER 

22 NATIONAL CEMETERY. 

23 (a) DISINTERMENT OF REMAINS.—The Secretary of 

24 Veterans Affairs shall disinter the remains of Michael 

25 LaShawn Anderson from Fort Custer National Cemetery. 


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1 (b) NOTIFICATION OF NEXT-OF-KIN.—The Secretary 

2 of Veterans Affairs shall— 

3 (1) notify the next-of-kin of record for Michael 

4 LaShawn Anderson of the impending disinterment 

5 of his remains; and 

6 (2) upon disinterment, relinquish the remains 

7 to the next-of-kin of record for Michael LaShawn 

8 Anderson or, if the next-of-kin of record for Michael 

9 LaShawn Anderson is unavailable, arrange for an 

10 appropriate disposition of the remains. 

Passed the Senate November 18, 2013. 

Attest: NANCY ERICKSON, 

Secretary. 


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