I 

113TH CONGRESS 

1ST SESSION H. R. 3106 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2013 

Mrs. BROOKS of Indiana (for herself, Mr. MESSER, Mr. STUTZMAN, and Mr. 

ROKITA) introduced the following bill; which was 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 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Respect for National Cemeteries Act’’. 


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1 SEC. 2. AUTHORITY TO RECONSIDER DECISIONS OF SEC2 RETARY OF VETERANS AFFAIRS OR SEC3 RETARY OF THE ARMY TO INTER THE RE4 MAINS OR HONOR THE MEMORY OF A PER5 SON IN A NATIONAL CEMETERY. 

6 (a) AUTHORITY TO RECONSIDER PRIOR DECI7 SIONS.—Section 2411 of title 38, United States Code, is 

8 amended— 

9 (1) by redesignating subsection (d) as sub10 section (e); and 

11 (2) by inserting after subsection (c) the fol12 lowing new subsection (d): 

13 ‘‘(d)(1) In a case described in paragraph (2)(A), the 

14 appropriate Federal official may reconsider a decision to— 

15 ‘‘(A) inter the remains of a person in a ceme16 tery in the National Cemetery Administration or in 

17 Arlington National Cemetery; or 

18 ‘‘(B) honor the memory of a person in a memo19 rial area in a cemetery in the National Cemetery Ad20 ministration (described in section 2403(a) of this 

21 title) or in such an area in Arlington National Ceme22 tery (described in section 2409(a) of this title). 

23 ‘‘(2)(A) A case described in this paragraph is a case 

24 in which the appropriate Federal official receives informa25 tion that a person described in subparagraph (B) may 

26 have committed a Federal capital crime or a State capital 


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1 crime but was not convicted of such crime by reason of 

2 such person not being available for trial due to death or 

3 flight to avoid prosecution. 

4 ‘‘(B) A person described in this subparagraph is a 

5 person— 

6 ‘‘(i) whose remains have been interred in a cem7 etery in the National Cemetery Administration or in 

8 Arlington National Cemetery; or 

9 ‘‘(ii) whose memory has been honored in a me10 morial area in a cemetery in the National Cemetery 

11 Administration or in such an area in Arlington Na12 tional Cemetery. 

13 ‘‘(3)(A) If in a case described in paragraph (2), the 

14 appropriate Federal official finds, based upon a showing 

15 of clear and convincing evidence and after an opportunity 

16 for a hearing in a manner prescribed by the appropriate 

17 Federal official, that the person had committed a Federal 

18 capital crime or a State capital crime but had not been 

19 convicted of such crime by reason of such person not being 

20 available for trial due to death or flight to avoid prosecu21 tion, the appropriate Federal official shall provide notice 

22 to the deceased person’s next of kin or other person au23 thorized to arrange burial or memorialization of the de24 ceased person of the decision of the appropriate Federal 

25 official to disinter the remains of the deceased person or 


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1 to remove a memorial headstone or marker memorializing 

2 the deceased person. 

3 ‘‘(B) Notice under subparagraph (A) shall be pro4 vided by the appropriate Federal official as follows: 

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

6 5104 of this title. 

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

8 with such regulations as the Secretary of Defense 

9 shall prescribe for purposes of this subsection. 

10 ‘‘(4)(A) Notwithstanding any other provision of law, 

11 the next of kin or other person authorized to arrange bur12 ial or memorialization of the deceased person shall be al13 lowed a period of 60 days from the date of the notice re14 quired by paragraph (3) to file a notice of disagreement 

15 with the Federal official that provided the notice. 

16 ‘‘(B)(i) A notice of disagreement filed with the Sec17 retary under subparagraph (A) shall be treated as a notice 

18 of disagreement filed with the Board of Veterans’ Appeals 

19 under chapter 71 of this title, and shall be decided by the 

20 Board in accordance with the provisions of that chapter. 

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

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

23 accordance with such regulations as the Secretary of De24 fense shall prescribe for purposes of this subsection. 


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1 ‘‘(5) When the decision of the appropriate Federal 

2 official to disinter the remains or remove a memorial head3 stone or marker of the deceased person becomes final ei4 ther by failure to appeal the decision in accordance with 

5 paragraph (4)(A) or by a decision pursuant to paragraph 

6 (4)(B), the appropriate Federal official may take any of 

7 the following actions: 

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

9 the cemetery in the National Cemetery Administra10 tion or in Arlington National Cemetery and provide 

11 for the reburial or other appropriate disposition of 

12 the disinterred remains in a place other than a cem13 etery in the National Cemetery Administration or in 

14 Arlington National Cemetery. 

15 ‘‘(B) Remove from a memorial area in a ceme16 tery in the National Cemetery Administration or in 

17 Arlington National Cemetery any memorial head18 stone or marker placed to honor the memory of the 

19 person.’’. 

20 (b) APPLICABILITY.—The amendments made by sub21 section (a) shall apply with respect to any interment or 

22 memorialization conducted by the Secretary of Veterans 

23 Affairs or the Secretary of the Army in a cemetery in the 

24 National Cemetery Administration or in Arlington NaVerDate Mar 15 2010 01:59 Sep 18, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3106.IH H3106

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1 tional Cemetery after the date of the enactment of this 

2 Act. 

3 SEC. 3. DISINTERMENT OF REMAINS OF MICHAEL 

4 LASHAWN ANDERSON FROM FORT CUSTER 

5 NATIONAL CEMETERY. 

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

7 Veterans Affairs shall disinter the remains of Michael 

8 LaShawn Anderson from Fort Custer National Cemetery. 

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

10 of Veterans Affairs shall— 

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

12 LaShawn Anderson of the impending disinterment 

13 of his remains; and 

14 (2) upon disinterment, relinquish the remains 

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

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

17 LaShawn Anderson is unavailable, arrange for an 

18 appropriate disposition of the remains. 

Æ 


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