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 Com-
mittee 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 jurisdic-
tion of the committee concerned 
A BILL 
To authorize the Secretary of Veterans Affairs and the Sec-
retary of the Army to reconsider decisions to inter or 
honor the memory of a person in a national cemetery, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Alicia Dawn Koehl 
Respect for National Cemeteries Act’’. 
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SEC. 2. AUTHORITY TO RECONSIDER DECISIONS OF SEC-
RETARY OF VETERANS AFFAIRS OR SEC-
RETARY OF THE ARMY TO INTER THE RE-
MAINS OR HONOR THE MEMORY OF A PER-
SON IN A NATIONAL CEMETERY. 
(a) AUTHORITY
TO
RECONSIDER
PRIOR
DECI-
SIONS.—Section 2411 of title 38, United States Code, is 
amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d)(1) In a case described in paragraph (2)(A), the 
appropriate Federal official may reconsider a decision to— 
‘‘(A) inter the remains of a person in a ceme-
tery in the National Cemetery Administration or in 
Arlington National Cemetery; or 
‘‘(B) honor the memory of a person in a memo-
rial area in a cemetery in the National Cemetery Ad-
ministration (described in section 2403(a) of this 
title) or in such an area in Arlington National Ceme-
tery (described in section 2409(a) of this title). 
‘‘(2)(A) A case described in this paragraph is a case 
in which the appropriate Federal official receives informa-
tion that a person described in subparagraph (B) may 
have committed a Federal capital crime or a State capital 
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crime but was not convicted of such crime by reason of 
such person not being available for trial due to death or 
flight to avoid prosecution. 
‘‘(B) A person described in this subparagraph is a 
person— 
‘‘(i) whose remains have been interred in a cem-
etery in the National Cemetery Administration or in 
Arlington National Cemetery; or 
‘‘(ii) whose memory has been honored in a me-
morial area in a cemetery in the National Cemetery 
Administration or in such an area in Arlington Na-
tional Cemetery. 
‘‘(3)(A) If in a case described in paragraph (2), the 
appropriate Federal official finds, based upon a showing 
of clear and convincing evidence and after an opportunity 
for a hearing in a manner prescribed by the appropriate 
Federal official, that the person had committed a Federal 
capital crime or a State capital crime but had not been 
convicted of such crime by reason of such person not being 
available for trial due to death or flight to avoid prosecu-
tion, the appropriate Federal official shall provide notice 
to the deceased person’s next of kin or other person au-
thorized to arrange burial or memorialization of the de-
ceased person of the decision of the appropriate Federal 
official to disinter the remains of the deceased person or 
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to remove a memorial headstone or marker memorializing 
the deceased person. 
‘‘(B) Notice under subparagraph (A) shall be pro-
vided by the appropriate Federal official as follows: 
‘‘(i) By the Secretary in accordance with section 
5104 of this title. 
‘‘(ii) By the Secretary of Defense in accordance 
with such regulations as the Secretary of Defense 
shall prescribe for purposes of this subsection. 
‘‘(4)(A) Notwithstanding any other provision of law, 
the next of kin or other person authorized to arrange bur-
ial or memorialization of the deceased person shall be al-
lowed a period of 60 days from the date of the notice re-
quired by paragraph (3) to file a notice of disagreement 
with the Federal official that provided the notice. 
‘‘(B)(i) A notice of disagreement filed with the Sec-
retary under subparagraph (A) shall be treated as a notice 
of disagreement filed with the Board of Veterans’ Appeals 
under chapter 71 of this title, and shall be decided by the 
Board in accordance with the provisions of that chapter. 
‘‘(ii) A notice of disagreement filed with the Secretary 
of Defense under subparagraph (A) shall be decided in 
accordance with such regulations as the Secretary of De-
fense shall prescribe for purposes of this subsection. 
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‘‘(5) When the decision of the appropriate Federal 
official to disinter the remains or remove a memorial head-
stone or marker of the deceased person becomes final ei-
ther by failure to appeal the decision in accordance with 
paragraph (4)(A) or by a decision pursuant to paragraph 
(4)(B), the appropriate Federal official may take any of 
the following actions: 
‘‘(A) Disinter the remains of the person from 
the cemetery in the National Cemetery Administra-
tion or in Arlington National Cemetery and provide 
for the reburial or other appropriate disposition of 
the disinterred remains in a place other than a cem-
etery in the National Cemetery Administration or in 
Arlington National Cemetery. 
‘‘(B) Remove from a memorial area in a ceme-
tery in the National Cemetery Administration or in 
Arlington National Cemetery any memorial head-
stone or marker placed to honor the memory of the 
person.’’. 
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to any interment or 
memorialization conducted by the Secretary of Veterans 
Affairs or the Secretary of the Army in a cemetery in the 
National Cemetery Administration or in Arlington Na-
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tional Cemetery after the date of the enactment of this 
Act. 
SEC. 
3. 
DISINTERMENT 
OF 
REMAINS 
OF 
MICHAEL 
LASHAWN ANDERSON FROM FORT CUSTER 
NATIONAL CEMETERY. 
(a) DISINTERMENT OF REMAINS.—The Secretary of 
Veterans Affairs shall disinter the remains of Michael 
LaShawn Anderson from Fort Custer National Cemetery. 
(b) NOTIFICATION OF NEXT-OF-KIN.—The Secretary 
of Veterans Affairs shall— 
(1) notify the next-of-kin of record for Michael 
LaShawn Anderson of the impending disinterment 
of his remains; and 
(2) upon disinterment, relinquish the remains 
to the next-of-kin of record for Michael LaShawn 
Anderson or, if the next-of-kin of record for Michael 
LaShawn Anderson is unavailable, arrange for an 
appropriate disposition of the remains. 
Æ 
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